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HomeMy WebLinkAbout6.a. Request by City of Rosemount for a zoning ordinance text amendment to Subdivision Ordinance Modifying AG Zoning District to Permit Commercial Event CentersEXECUTIVE SUMMARY Planning Commission Meeting Date: June 27, 2017 Tentative City Council Meeting Date: July 18, 2017 AGENDA ITEM: Case 17-27-TA Text Amendment to Subdivision Ordinance Modifying AG Zoning District to Permit Commercial Event Centers AGENDA SECTION: Public Hearing PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.a. ATTACHMENTS: Sample Ordinances APPROVED BY: KJL RECOMMENDED ACTION: Motion to recommend the City Council approve the Text Amendment Modifying the AG Agriculture Zoning District SUMMARY Staff was recently approached about having an event center in the rural part of the community; where a barn and principal structure currently exist. The potential buyer was interested in having weddings and other types of events in the barn. Currently there is nothing in the ordinance to allow this type of assembly use in the Agriculture District and therefore an ordinance amendment would be needed. Staff has reviewed the site and other community ordinances that allow event centers in rural areas of the community. Staff is recommending that the conditional use process would be a good approach, if the applicant meets the conditions found within the ordinance, the permit would be approved. Staff had also discussed using the interim use permit meaning that the use can be approved for a time limit. The thought behind that was that, over time, the property around the use would be developed and urban development may not be compatible with the event venue. Staff discarded use of the IUP for two reasons, it was questionable that someone would make significant investments into a property if the land use had a time limit, and use would be there prior to development and therefore future owners could make informed purchasing decisions. Staff is suggesting 16 conditions of approval that must be met to allow an event use in the Agricultural zoning district. At this time, staff is not recommending the use, or ordinance amendment, such as this in any of the rural residential zoning districts. BACKGROUND Legal Authority. Text amendments are considered legislative actions. In such cases, the City has a lot of discretion in its deliberations and application outcome. 2 TEXT AMENDMENT Staff reviewed conditions placed on similar facilities located in other communities around Minnesota and other states. The conditions included with the proposed amendment were included to minimize impacts on neighboring properties as well as to ensure the safety and welfare of guests. Due to the rising interest in the adaptive reuse of barn structures as places to hold weddings and other events, staff feels that commercial event centers can be appropriate uses within the AG-Agricultural zoning district so long as recommended conditions are met. Below is the staff recommended text amendment that adds commercial event center to the definitions and adds commercial event centers as a conditional use in the AG-Agricultural District. 11-1-4: Definitions COMMERCIAL EVENT CENTER: A facility located on private property that primarily functions to provide a facility for any type of social gathering that is available for use by various groups for such activities as public assemblies, meetings, private meetings, parties, weddings, receptions and dances. 11-4-1: AG AGRICULTURAL DISTRICT: D. Conditional Uses: The following uses are conditional uses in the AG district, and are subject to the conditional use permit provisions outlined in this title: AM radio antennas and supporting towers and related accessory structures. This use may be permitted only on properties situated in that part of the city north and east of State Trunk Highway 55. Cement or concrete production provided the site has an approved mineral extraction permit in compliance with section 11-10-4, "Small Scale Mineral Extraction", of this title. Commercial outdoor recreation. Commercial event centers, subject to: 1. The parcel must be a minimum of five (5) acres in size. 2. The maximum number of guests is 200. A larger number of guests may be approved by the City based on the size of site, structures, parking availability, and other relevant factors. 3. Outdoor seating areas, where liquor is available shall be located in a controlled or cordoned area acceptable to the city with at least one opening. 4. The hours of operation shall be no later than 10:00 p.m. on Sunday through Thursday and 12:00 a.m. on Friday and Saturday. 5. Off street parking shall be provided to accommodate one stall per two guests. Class 5 gravel surfacing shall be allowed as long as the property is without access to public sanitary sewer to the site. When public sanitary sewer service becomes available to the property, the property owner shall surface the parking lot with a blacktop or concrete surface within one year. No vehicle parking is permitted within or along any public right- of-way. 6. Parking lot setbacks for gravel or surface lots shall be consistent with the AG Zoning District. 7. Parking lot shall be screened from neighboring parcels. 3 8. Lighting shall be provided as necessary for security, safety, and traffic circulation. The level of lighting shall not exceed 0.5 lumen at any residential property line or 1.0 lumen at any nonresidential property line. 9. A traffic circulation and safety plan, including but not limited to access and signage, shall be reviewed and approved by the City Fire Marshall and Police Chief. 10. Compliance with all applicable regulations including state health code, state building codes, and local liquor licensing requirements. 11. The serving of food and beverages is permitted only in conjunction with an event. 12. Overnight accommodations for guests, including campers, tents, or other recreation vehicles, are prohibited. 13. Sanitary facilities adequate for the number of attendees shall be provided as determined by the City. Portable toilets may be approved for temporary use and must be screened from view from roads and neighboring properties by landscaping or a wooden enclosure. No portable toilets shall be located closer than 400 feet from a neighboring residential structure. 14. Sound amplification systems cannot be used outdoors after 8:00 p.m. 15. Noise from an event shall not be plainly audible at a distance of fifty feet (50') or more from the property line. 16. Trash enclosures must be provided and meet the standards for the C4-General Commercial zoning district. Farm wineries, with or without associated event spaces, microbreweries, microdistilleries, winery associated retail and restaurants without drive-through facilities, subject to the following: 1. The site and building(s) shall be designed to limit the effects of this use on adjacent properties and public rights of way. No loading docks or overhead vehicle doors shall be on a side abutting any public rights of way or any residential use or district. 2. The principal building shall be the primary source for screening of the loading area or any required outdoor equipment. 3. All drives, loading and parking areas for the farm winery and associated uses shall be paved with a concrete or bituminous surface including concrete curbing. 4. Pedestrian circulation between the parking area and the farm winery and associated uses shall be provided through sidewalks at least five feet (5') in width and paved with concrete, bituminous, pavers or similar hardscape. 5. Outdoor seating is subject to the performance standards outlined for outdoor seating in section 3-1-14 of this code and subsection 11-4-14D of this chapter. 4 Golf courses, including accessory and related uses. Kennels, provided: 1. The site shall not be less than twenty (20) acres in size. 2. All structures shall be located a minimum of seventy-five feet (75') from all residential property lines. 3. Subject to the regulations regarding the care and keeping of animals within the city contained in title 7, chapter 4 of this code. Public parks owned and operated by a governmental unit, including recreational facilities and structures consistent with the public area. Transmission facilities greater than one-fourth (1/4) mile in length. (Ord. B-220, 4-17-2012; and Ord. B-223, 5-15-2012; Ord. B-243, 5-20-2015) CONCLUSION & RECOMMENDATION Staff is proposing a change to the ordinance to permit commercial event centers in the Agricultural zoning district. This is the first time the ordinance is before the Planning Commission. Staff is asking for discussion from the Commission. If Commissioners are comfortable with the proposed ordinance language, staff is recommending approval of the Amendment. If not, the Commissioners should provide staff direction and modifications to the draft ordinance would be made. COTTAGE GROVE 3.Limited commercial ventures conducted at historic properties meeting established performance standards of subsection A of this entry; and containing one or more of the following uses: class 1 restaurant, catering centers, bed and breakfasts, overnight rooms, reception facilities, meeting or conference facilities, professional office uses, museums, art galleries, antique shops, craft boutiques, site tours, limited retail activities, or other uses deemed similar by the director of community development. A. Historic Property Performance Standards: In order to be considered eligible for a historic properties conditional use permit, properties must be in conformance with the following: (1) The applicant demonstrates that the historic characteristics of the property cannot be maintained reasonably and economically unless the conditional use permit is granted. (2) Listed on the city register of historic sites and landmarks or the national register of historic places. (3) The property is adequately sized to meet the proposed use. (4) Adequately served by municipal services or a septic system with adequate capacity for the proposed use. (5) In conformance with all applicable building and fire codes, and ADA requirements. (6) In conformance with all state and county health regulations. (7) In conformance with the city's off street parking requirements pursuant to subsection 11-3-9F of this title, or proof of parking, if deemed reasonable by the city. (8) Adequately situated and designed so as to not create a significant traffic impact on adjoining public roadways, and includes safe ingress and egress to the site. (9) The development meets all applicable setback requirements. (10) Activity areas are appropriately screened from adjoining properties. (11) The property and land use are adequately designed so as not to create an adverse impact on the residential character of the surrounding area. (12) The development meets all applicable commercial site development performance standards. (13) The development does not create any increase in the level of noise, air, or other pollution which would have an adverse effect on other properties. (14) One advertising sign not to exceed twenty (20) square feet. (15) Site improvements meet the city's historic preservation standards and guidelines. (16) All applications for city permits are reviewed by the advisory committee on historic preservation, and a certificate of appropriateness is obtained for site work to preserve, rehabilitate, restore or reconstruct historic buildings, structures, landscapes or objects. LAKE ELMO D. Commercial Wedding Ceremony Venue. A commercial wedding venue is allowed as an accessory use with an interim use permit in the A – Agriculture, RT – Rural Transitional, and RR-Rural Residential zoning districts on parcels greater than 10 acres in size. The establishment of a Commercial Wedding Venue on RR parcels is limited to those sites meeting the following criteria: 1) the site has historically been used as a farmstead for the surrounding agricultural land; and 2) the use will incorporate a barn or other historical agricultural building over 75 years of age for the wedding ceremonies. The suitability of a parcel for a wedding venue shall be determined by the characteristics of the site and by the unique capacity of the parcel to accommodate the use while preserving the essential rural character of the neighborhood and the site on which the use is located, by the ability of the parcel to accommodate the use without negative impact on the general health, safety, and welfare of the community, and by other factors the City may deem appropriate for consideration. The use must adhere to the following stand ards: 1. Ownership. The property will be the primary residence of the venue operator(s). The operator must be on the premises for the duration of each event. 2. Maximum Number of Guests. The maximum number of guests is limited to 200 for each event. 3. Food and Beverages. The serving of food and beverages is permitted only as part of the ceremony. 4. Seasonal Operation. Ceremonies are limited to no more than twice per week and are permitted only during the months of May through October. 5. Hours of Operation. Events shall only be allowed between the hours of 10:00 a.m. and 10:00 p.m. All guests and staff must vacate the premises by 10:00 p.m. All lights associated with the event must be turned off by 10:00 p.m. Any one ceremony is limited to a maximum duration of three (3) hours. 6. Overnight Accommodations. No overnight accommodations are allowed. 7. Off-Street Parking. Off-street parking shall be required in the ratio of one (1) parking space for each three attendees based on the maximum number of attendees planned for the site. The off-street parking area and the number of parking spaces shall be documented on the required site plan. Off street parking shall be exempted from the paving and curbing requirements in section 154.210. IX-8 8. Setbacks. The minimum setbacks from neighboring houses and property lines for the various activities associated with the wedding venue shall be as follows: i. Parking: 100 feet from residential property lines; 200 feet from neighboring houses. ii. Outdoor Activity Spaces: 300 feet from residential property lines; 400 feet from neighboring houses. iii. Indoor Activity Spaces: 300 feet from residential property lines; 400 feet from neighboring houses. 9. Landscaping/Screening. Landscaping may be required to buffer the use from adjacent land uses and to provide screening when such screening does not presently exist on the site. A landscape plan shall be submitted at the time of application for an Interim Use Permit. 10. Grading. Any proposed grading shall observe all requirements of Section 151.017 of the City Code. If a grading plan is required, it shall be submitted in conjunction with an application for an Interim Use Permit. 11. Traffic. A transportation management plan shall be submitted as part of an applicati on for an Interim Use Permit. The plan shall address traffic control, including traffic movement to the public street system and impact on the surrounding roadways. 12. Structures. All existing or proposed structures to be used for the wedding ceremony venue shall be inspected by the City’s Building Official and must meet applicable Building Code requirements. i. Temporary Structures. Temporary Structures, including tents and canopies, may be allowed. Tents and canopies may be erected no more than (1) day prior to an event and must be removed no more than 72 hours following the event. 13. Application. An application for a commercial wedding venue shall follow the application and review procedures for an Interim Use Permit as specified in Section 154.107. In addition to the submission requirements of Section 154.107, an application for a commercial wedding venue shall include the following information: i. The expected number of attendees per ceremony; ii. The number of ceremonies per year; iii. The number of employees; iv. The hours of operation; v. Sanitary facilities; vi. Lighting; vii. Sound amplification to be used and a plan to minimize any amplified sounds; IX-9 viii. Temporary structures or tents to be used in association with the planned events; ix. Signage; x. Security to be provided; xi. Location of all trash receptacles; xii. Traffic management plan; xiii. Other documentation as specified herein; 14. Sanitary Facilities. Sanitary facilities adequate for the number of attendees shall be provided. Portable toilets may be approved for temporary use, and must be screened from view from roads and neighboring properties by landscaping or a wooden enclosure. No portable toilets s hall be located closer than 400 feet from a neighboring residential structure. 15. Lighting. Lighting associated with the wedding venue shall be limited to downcast and shielded fixtures so that the source of the light is not visible from adjacent roads or neighboring properties. Lighting shall comply with Section 150.035 of the City Code. 16. Noise. All wedding venues shall comply with City’s noise standards found in Section 130.45 through 130.48 of the City Code. 17. Sound Amplification. Amplification of music and participants and is allowed only in conjunction with a wedding ceremony. There shall be no other amplification of music or sound outside of the ceremony. 18. Waste. All solid waste must be stored in a manner that prevents the propagation, harborage, or attraction of flies, rodents, or other nuisance conditions and must be removed at least once every seven days by a licensed solid waste hauler. 19. Liability. The applicant shall secure adequate liability coverage, which shall be in place at least one week prior to any event. 20. Other Activities. Other than the commercial wedding ceremonies authorized under this section, no other commercial ceremonial activities may be conducted on the site.