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HomeMy WebLinkAbout6.b. Request by Brent and Angela Bosaaen for a Conditional Use PermitEXECUTIVE SUMMARY Planning Commission Meeting: June 27, 2017 Tentative City Council Meeting: July 18, 2017 AGENDA ITEM: 17-25-CUP Bosaaen Conditional Use Permit AGENDA SECTION: Public Hearing PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.b. ATTACHMENTS: Site Location Map, Site Aerial, Applicant’s Narrative APPROVED BY: KJL RECOMMENDED ACTION: Motion to recommend approval of a conditional use permit for a commercial event center, subject to the following conditions: 1. Submission of a parking plan verifying the total number of parking spaces prior to City Council review. 2. Submission of a site plan identifying location of sanitary facilities, trash enclosures, and lighting locations prior to City Council review. 3. Submission of a Concept Safety Plan indicating traffic circulation, signage, and access prior to City Council review. SUMMARY The City received an application from Brent and Angela Bosaaen for a commercial event center at the property located at 4979 160th Street East. Historically, the site has been used as a farmstead. The applicants wish to utilize the barn structure and grounds for events including, but not limited to, weddings, receptions, and private parties. The ordinance does not currently permit commercial event centers as a use in the AG-Agricultural zoning district. On the agenda is a text amendment to allow commercial event centers as a conditional use in the AG-Agricultural district. The standards used to evaluate the proposal are based upon the proposed ordinance criteria. Should the Commission believe other standards are warranted in the draft ordinance, the determination should be made if this project can meet those standards or if additional information would be needed and the item continued. Applicant: Brent and Angela Bosaaen Property Owners: Michael and Judith Johnson Property Location: 4979 160th Street East Size of Property 5 Acres Comprehensive Plan Designation: AG-Agriculture Zoning: AG-Agricultural Current Neighboring Land Use: Agriculture Planned Neighboring Land Use: Currently the neighboring land is guided for agriculture, but staff anticipates that land use designation to change to residential with the comprehensive plan update. 2 BACKGROUND The applicants are in the process of purchasing the property. The site was chosen for its historic barn structure and rural setting. If the conditional use permit is approved, the applicants will make improvements to the site to allow the barn structure to be used as a venue primarily for wedding ceremonies and receptions. The applicant has indicated that there may be other types of events held on the site such as private parties. To achieve their vision, the applicants anticipate undergoing extensive renovations to the barn structure itself as well as improvements to the site such as a parking lot and locations for photographs to be taken. The applicants will be living in the house on the site and may use the other pole barn structure for indoor storage, which is a permitted use that requires no approvals. DISCUSSION While the use of a farmstead as a commercial event center is unique in Rosemount, there has been a trend toward the adaptive reuse of historic barn structures as venues for weddings and other events. Because the history and character of the community is tied to its agricultural heritage, there may be value in retaining historic barn structures. By allowing farmsteads to be used as commercial event centers, these historic structures are less likely to be removed. The site is currently located in an agricultural area, but staff is aware that the surrounding land will be developed at some point into urbanized development. Since a conditional use permit runs with the property, regardless of owner, the recommended conditions of approval in the draft ordinance take into consideration that at some point this parcel will be surrounded by urban residential development. The applicant has indicated that they will be able to meet the conditions contained within the conditional use permit. CONDITIONAL USE PERMIT Review and Analysis Under the proposed ordinance, commercial event centers are been designated as conditional uses in the AG-Agricultural zoning district. Conditional Uses are uses that can be permitted provided the impacts of the use (such as health, safety, and public welfare concerns) are addressed, mitigated or conditioned. For the Planning Commission to recommend approval of a conditional use, eight (8) general findings must be made: Will not be detrimental or endanger the public health, safety, or general welfare of the neighborhood or the city. Finding: The proposed commercial event center is not detrimental to the surrounding uses. Immediately adjacent to the property are farm fields that will not be impacted by the proposed use. That being said, there may be future residential development surrounding the property. Impacts on that development are mitigated by the conditions of approval such as required parking, hours of operation, and screening. Will be harmonious with the objectives of the comprehensive plan and the City Code provisions. Finding: The comprehensive plan references the need to balance existing farming operations with a rapidly urbanizing community. The proposed commercial event center will allow for economic development in an agricultural area without impacting the farming operations on adjacent sites. Will be designed, constructed, operated, and maintained so as to be compatible or similar in an architectural and landscape appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Finding: The appeal of the subject property for the proposed use is it’s compatibility with adjacent agricultural uses. Should the land around the property be developed at some point in the future, the site is large enough to provide screening that would maintain the character of the subject property as well as surrounding land uses. 3 Will be served adequately by existing (or those proposed in the project) essential public facilities and services, including streets, police and fire protection, drainage, structures, refuse disposal, water and sewer systems and schools. Finding: It would be preferred that a use such as this had access to public utilities. However, the charm of the proposal is the rural character of the site. Therefore staff can support a use such as this with private services so long as the applicant addresses sewer and water concerns. A condition of approval would address this topic. Will not involve uses, activities, processes, material equipment, and conditions of operation that will be hazardous or detrimental to and persons, property, or general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. Finding: The site will be accessed via an existing entrance to the property. Engineering staff has reviewed the proposed application and had no comments on the potential impacts on traffic. Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance and will comply with all local, state, and federal environmental quality standards. Finding: The proposed event center will allow a historic farmstead, including a unique barn structure, to remain economically viable and reduce the risk of its demolition. These standards apply in addition to specific conditions as may be applied throughout this code. Finding: Since this use has not been previously permitted anywhere in the community, staff has drafted conditions of approval that require compliance with related ordinances such are noise levels, lighting, screening, and sanitation, among others. Commercial Event Centers – Conditions of Approval In addition to the eight general findings that must be made for issuance of a conditional use permit, the following conditions must also be met in order to approve the use of the property as a commercial event center. The parcel must be a minimum of five (5) acres in size. Finding: The size of the subject property is five acres. 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. Finding: The applicant is proposing to accommodate no more than 200 guests per event. 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. Finding: The applicant has suggested that a concrete patio area may be used as a location for seating and a fire pit. If guests are permitted to bring alcoholic beverages into this area, a fence must be installed in accordance with City Code requirements for outdoors seating areas at restaurants and bars. 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. Finding: The applicants have indicated that their hours of operation will comply with this condition. 4 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. Finding: The applicants have identified an area along the western side of the property that can accommodate a parking lot to serve the amount of guests they are proposing. If it is found that there is not sufficient space for 100 vehicles, the maximum number of guests permitted at an event must be reduced. Parking lot setbacks for gravel or surface lots shall be consistent with the AG zoning district. Finding: The AG zoning district requires a side yard setback of five feet for surface parking. The site features a stand of trees along the western parcel line. The proposed parking lot will be at least sixty feet from the western parcel line. The required rear yard setback for surface parking is also five feet. Since the northern portion of the parcel is still being used as cropland, the proposed parking lot will be at least two hundred (200) feet from the rear property line. Parking lot shall be screened from neighboring parcels. Finding: The area identified for the parking lot is adequately screened from the western property line by the mature stand of trees and to the east by existing structures. Staff feels that the intent of the ordinance is met under the current conditions. If the site gains access to public sanitary sewer and a paved parking lot is required, the City may require additional screening of the parking area. 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. Finding: Staff has discussed with the applicants how they plan on providing lighting on the site. Initially, portable lighting towers will be used in the parking areas. Due to the screening provided by the trees to the west of the parking area and the distance to the rear property line, staff is comfortable that the condition will be met. If new, permanent lighting is installed, a permit must be approved and a lighting plan will be reviewed by staff for compliance with City Code. 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. Finding: The City Fire Marshall has conducted a preliminary review of the site and has spoken with the applicants about the specific requirements of the State Fire Code. The final site plan will be submitted by the applicant and reviewed for compliance. Compliance with all applicable regulations including state health code, state building codes, and local liquor licensing requirements. Finding: The applicants will be using a catering company for all food and beverages served on the premises. Building permits will be reviewed for compliance by the City Building Official. The serving of food and beverages is permitted only in conjunction with an event. Finding: Food and beverages will only be provided by a licensed caterer during events. Overnight accommodations for guests, including campers, tents, or other recreation vehicles, are prohibited. Finding: The use of campers, tents, or other recreation vehicles as temporary residences is prohibited in all areas of the City. The proposed use shall comply with City Code in this respect. 5 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. Finding: The applicants are planning to use portable restrooms that feature air conditioning and sinks with faucets. The portable restrooms will be located along the western side of the barn structure and will be screened by the existing buildings and vegetation. There are no residential structures within 400 feet of the property. If and when the land around the property develops, permanent facilities will be required as portable toilets will no longer be permitted. Sound amplification systems cannot be used outdoors after 8:00 p.m. Finding: The applicants have stated that there may be wedding ceremonies held outdoors where sound may be amplified. The ceremonies will be held earlier in the day and the amplification systems will not be used after 8:00 p.m. Noise for an event shall not be plainly audible at a distance of 50’ or more from the property line. Finding: This is consistent with the City’s noise ordinance for other parties in the community. The reception area on the site will be located within the barn structure to reduce the opportunity for noise to travel beyond 50’ from the property line. Trash enclosures must be proved and meet the standards for the C4-General Commercial zoning district. Finding: The standards require that all dumpsters and waste containers be located within an enclosure that provides screening from all sides. Because this is an existing structure, dissimilar materials are permitted such as wood fencing or chain link that has opacity of 85%. The final plans for the trash enclosure will be reviewed for compliance prior to issuance of a building permit. SITE PLAN REVIEW Land Use and Zoning The site of the proposed commercial event center is currently guided for agricultural uses, but staff believes that the land surrounding the site will one day be developed into residential uses. Since the proposed commercial event center is a conditional use within the AG-Agricultural zoning district, the conditions that must be met will mitigate any impacts of the event center on future residential uses. Access and Parking The site is currently accessed by the existing driveway. The Fire Marshall has indicated that there may be a need to widen the drive to accommodate emergency vehicles in accordance with State Fire Code. Before any permits are issued for the site, the Fire Marshall and Police Chief must review and approve the plans for compliance with applicable codes. The parking lot will be located on the western portion of the site between an existing stand of trees and the pole barn. If the applicants wish to accommodate 200 attendees, space for 100 parking stalls will have to be accounted for. The final plan for the parking lot will be reviewed by staff and approved prior to the issuance of a building permit. Lighting The applicants have indicated that temporary, mobile lighting poles will be used for the parking areas to ensure the safety of attendees of events. The area to be lit is screened to the west by a stand of trees, and there is a large buffer area of crop land north of the site that will keep the lighting from exceeding the limits at the property line. A building permit will be required when permanent lighting fixtures are installed, and staff will review the plans at that time for compliance with the City Code. 6 Signage At this time, the applicants have not indicated a desire to construct any signage on the site. If the applicants wish to install signage in the future, a sign permit application will be submitted for review and approval prior to construction. All signs must comply with the City Code with regards to size, height, and setbacks. RECOMMENDATION Staff is recommending approval of a conditional use permit for a commercial event center located within the AG-Agricultural zoning district, subject to conditions. This recommendation is based on information provided by the applicant and reviewed in this report. We are requesting a change to the city ordinance regarding a banquet hall in a barn on a 5 acre parcel of land which is right now zoned as agriculture. This piece of property is a standalone 5 acre parcel with no neighboring homes. There is many acres of farm field to each side of the property surrounding it. Our vision is to restore the old 1919 barn into a beautiful banquet hall. We would like to repurpose as much of the original materials as possible. We are requesting: The venue to hold at least 200 guests We would like to put in a class 5 parking lot with lights for safety We would like to use restroom trailers which are large enough to accommodate all guests Times of operation: we would like to be open mid May thru mid October, Sunday-Thursday 8am-10pm and Friday & Saturday 8am-12am. We would like to be able to use a DJ or live band at the facility. We will only use a licensed caterer for alcohol