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HomeMy WebLinkAbout9.a. Text Amendment to Zoning Ordinance Modifying AG Zoning District to Permit Commercial Event Centers and Amend Section 11-1-4 Definitions EXECUTIVE SUMMARY City Council Regular Meeting: July 31, 2017 AGENDA ITEM: Text Amendment to Zoning Ordinance Modifying AG Zoning District to Permit Commercial Event Centers and Amend Section 11-1-4: Definitions AGENDA SECTION: New Business PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 9.a. ATTACHMENTS: Draft Ordinance; Excerpt from the June 27, 2017 PC Minutes; Sample Ordinances APPROVED BY: LJM RECOMMENDED ACTION: Motion to Approve a Zoning Ordinance Text Amendment Adding Commercial Event Centers as a Conditional Use in the AG-Agriculture Zoning District and Amending Section 11-1-4: Definitions. 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 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 be used; 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, 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 the use would be on site prior to development and therefore future owners could make informed purchasing decisions. Staff is suggesting 19 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 RR-Rural Residential zoning districts. PLANNING COMMISSION ACTION The Planning Commission held a public hearing at its regular meeting on June 27, 2017 to review this item and receive public comment. Staff asked the Commission members for feedback regarding the conditions included in the text amendment. The Commission provided suggestions for additional conditions relating to setbacks as well as the number of parking stalls required for a commercial event center in the AG district. The concerns of the Commission regarding the proximity of a commercial event center use to residential uses spurred the addition of a condition that will limit commercial event centers to parcels located east of Akron Avenue and south of County Road 42. Staff has updated the ordinance amendment to include the recommendations of the Planning Commission. The Commission unanimously passed a motion to recommend approval of the text amendment recognizing staff would modify the recommended conditions to address stated concerns. 2 Since that time, staff has modified the recommended conditions and also added condition #3. That condition requires that the property owner and venue operator be the same person or entity and they are required to reside on the site and be on the site during commercial events. The condition means that the event center cannot be a leased commercial operation. 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. 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. The following are the recommended conditions of approval: 1. The parcel must be a minimum of five (5) acres in size. 2. Site must be located east of Akron Avenue and South of County Road 42. 3. The property owner and venue operator must be the same individual(s) and the site shall be its primary residence. The operator must be on the premises for the duration of each event. 4. 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. 5. 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. 6. Outdoor seating areas where food and/or liquor is available shall be set back twenty (20) feet from property lines and have appropriate screening to adjacent properties. 7. 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. 8. Off street parking shall be provided to accommodate one stall per two guests plus seven (7) stalls. 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. 9. Parking lot setbacks for gravel or surface lots shall be twenty (20) feet from the side and rear property lines and fifty (50) feet from the front property line. 10. Parking lot shall be screened from neighboring parcels. 11. 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. 12. 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. 13. Compliance with all applicable regulations including state health code, state building codes, and local liquor licensing requirements. 14. The serving of food and beverages is permitted only in conjunction with an event. 15. Overnight accommodations for guests, including campers, tents, or other recreation vehicles, are prohibited. 3 16. 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. 17. Sound amplification systems cannot be used outdoors after 10:00 p.m. 18. Noise from an event shall not be plainly audible at a distance of fifty feet (50') or more from the property line. 19. Trash enclosures must be provided and meet the standards for the C4-General Commercial zoning district. Approximately five conditions were modified or added to address items raised during the Planning Commission discussion. The items related primarily to clarifying setbacks for parking and outdoor patios and the location of event centers within the community. The staff and Planning Commission 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 is included as an attachment. CONCLUSION & RECOMMENDATION Staff and the Planning Commission are recommending a change to the ordinance to permit commercial event centers in the Agricultural zoning district. This recommendation is based on a review of other communities’ zoning ordinances and discussion that took place at the June 27th Planning Commission meeting. City of Rosemount Ordinance No. B-264 AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING TO DEFINTIONS AND CONDITIONAL USES WITHIN THE AG-AGRICULTURAL ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that Ordinance B, adopted September 19, 1989, entitled “City of Rosemount Zoning Ordinance,” is hereby amended as follows: Section 1. Rosemount Zoning Ordinance B, Section 11-4-1-1.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, "Smal l Scale Mineral Extraction", of this title. Commercial event centers, subject to: 1. The parcel must be a minimum of five (5) acres in size. 2. Site must be located east of Akron Avenue and South of County Road 42. 3. 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. 4. 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. 5. 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. 6. Outdoor seating areas where food and/or liquor is available shall be set back twenty (20) feet from property lines and have appropriate screening to adjacent properties. 7. 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. 8. Off street parking shall be provided to accommodate one stall per two guests plus seven (7) stalls. 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. 9. Parking lot setbacks for gravel or surface lots shall be twenty (20) feet from the side and rear property lines and fifty (50) feet from the front property line. 10. Parking lot shall be screened from neighboring parcels. 11. 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. 12. 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. 13. Compliance with all applicable regulations including state health code, state building codes, and local liquor licensing requirements. 14. The serving of food and beverages is permitted only in conjunction with an event. 15. Overnight accommodations for guests, including campers, tents, or other recreation vehicles, are prohibited. 16. 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. 17. Sound amplification systems cannot be used outdoors after 10:00 p.m. 18. Noise from an event shall not be plainly audible at a distance of fifty feet (50') or more from the property line. 19. Trash enclosures must be provided and meet the standards for the C4-General Commercial zoning district. Commercial outdoor recreation. 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 c hapter. 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; amd. Ord. B-223, 5-15-2012; Ord. B-243, 5-20-2015) Section 2. Rosemount Zoning Ordinance B, Section 11-1-4 Definitions: For the purpose of this title, certain words contained herein shall be defined as follows: 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. Section 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 31st day of July, 2017. CITY OF ROSEMOUNT ______________________ William H. Droste, Mayor ATTEST: Clarissa Handler, City Clerk City of Rosemount Ordinance No. B- 264 AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING TO DEFINTIONS AND CONDITIONAL USES WITHIN THE AG- AGRICULTURAL ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that Ordinance B, adopted September 19, 1989, entitled “City of Rosemount Zoning Ordinance,” is hereby amended as follows: Section 1. Rosemount Zoning Ordinance B, Section 11-4- 1-1.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 event centers, subject to: 1. The parcel must be a minimum of five (5) acres in size. 2. Site must be located east of Akron Avenue and South of County Road 42. 3. 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. 4. 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. 5. 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. 6. Outdoor seating areas where food and/or liquor is available shall be set back twenty (20) feet from property lines and have appropriate screening to adjacent properties. 7. 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. 8. Off street parking shall be provided to accommodate one stall per two guests plus seven (7) stalls. 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. 9. Parking lot setbacks for gravel or surface lots shall be twenty (20) feet from the side and rear property lines and fifty (50) feet from the front property line. 10. Parking lot shall be screened from neighboring parcels. 11. 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. 12. 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. 13. Compliance with all applicable regulations including state health code, state building codes, and local liquor licensing requirements. 14. The serving of food and beverages is permitted only in conjunction with an event. 15. Overnight accommodations for guests, including campers, tents, or other recreation vehicles, are prohibited. 16. 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. 17. Sound amplification systems cannot be used outdoors after 10:00 p.m. 18. Noise from an event shall not be plainly audible at a distance of fifty feet (50') or more from the property line. 19. Trash enclosures must be provided and meet the standards for the C4-General Commercial zoning district. Commercial outdoor recreation. 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. 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; amd. Ord. B-223, 5-15- 2012; Ord. B-243, 5-20-2015) Section 2. Rosemount Zoning Ordinance B, Section 11-1-4 Definitions: For the purpose of this title, certain words contained herein shall be defined as follows: 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. Section 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 31st day of July, 2017. /s/Clarissa Hadler, Clerk Clerk City of Rosemount Dakota County, MN 6.a. Request by City of Rosemount for a Zoning Ordinance Text Amendment to Subdivision Ordinance modifying AG Zoning District to Permit Commercial Event Centers. (17-27-TA) Planner Nemcek gave a brief summary of the staff report for the Planning Commission. Commissioner Mele inquired as to why the City of Rosemount was proposing a stricter parking section of the ordinance. Nemcek stated that the location of the specific property that prompted this amendment was located on County Road 46 and staff wanted to guarantee that no overflow parking would end up on the street. Commissioner Clements asked if the City is going to require class five to be installed for the parking lot of event centers. Nemcek stated that is correct and that it will be about 2/3 of an acre. Commissioner Mele questioned if the proposal is too restrictive and if the Commission would be willing to lower the parking restrictions. Nemcek stated that the amendment wants to make sure that the parking would stay onsite and that there is no parking on the street. Commissioner Clements inquired if the total number includes event staff or just invited guests. Community Development Director Lindquist stated that there will be a set number for staff and a set number for guests included in the Ordinance. Lindquist noted that the number really depends on the specific site and the acreage that they have, as the ordinance allows with larger lots more attendees but then more parking is required. The City is currently venturing into something that they have not done before. The City would prefer to be cautious and the ordinance can be modified as time goes. Commissioner Clements stated that the ratio would depend on what type of event will be held. For weddings, it may be a 2:1 ratio but if it was a Business meeting, it will most likely be 1:1. Vice-Chair VanderWeil questioned if 10 feet on the side set backs are too small for the AG zoning. VanderWeil suggested that the eating and drinking area be in a designated area or a different setback then the parking area. Nemcek stated that the eating and drinking area could be a specific setback in the ordinance or they could request that it be a specific designated area. Lindquist stated that the side setbacks in the AG zone are actually 5 feet, not 10 feet and that an increased setback would be appropriate. VanderWeil stated that the setback for the eating and drinking area should be different then the parking setbacks. Commissioner Clements stated that maybe a condition should be included to address when the R1 zoning happens around the specific property that the property owners can no longer have events on site. Residents are not going to want weddings going on in their backyard. Lindquist stated if that is how the Commission feels then they should be using an interim use process and not a conditional use. The interim use has a specific end date. Lindquist stated that it is hard to place an end date to something when we do not know when the surrounding property will be developed. That is why staff felt that the conditional use would be a better option because if we place conditions that are reasonable but also protect the surrounding properties then the future residents will be able to make an informed decision before they purchase around the event site. Commissioner Clements questioned if the conditional use permit requires an existing building on the property or if it just has to have 5 acres. He is concerned that someone will purchase a five acre property in a current residential neighborhood, build a pole barn and start having events in the middle of an established neighborhood. Commissioner Mele stated that scenario would not be a problem because the property would have to be zoned AG-Agricultural. Clements stated that there are many 5 acre properties that are zoned AG-Agricultural in the northern section of the city. Commissioner Mele stated that he agrees with staff that it should be a conditional use permit. Future homeowners should do their due diligence before purchasing a property near this sort of property land use. Commissioner Clements stated that a use like this could potentially diminish the surrounding properties’ land value. Commissioner VanderWeil stated that she disagrees and she sees this idea as a wonderful way to preserve open space and a historical building. Commissioner Clements stated that in general anyone that has a five acre property, they can put up a building and start hosting events under a CUP and the neighbors would not be able to say anything about it. Clements stated that he is not suggesting a specific date be used for the end of the permit but that when surrounding development happens the use be reconsidered. Clements questioned if the CUP was a temporary use. Lindquist stated that the conditional use permit is a permanent use so long as the conditions are met and that the interim use permit is temporary. Commissioner VanderWeil stated that you would not want the permit to be a temporary use. As you have neighborhoods built around the property the only thing left to do would be to tear down the barn. If the Planning Commission would like to limit the event centers location, then the Commission needs to make that a condition that applicants must meet when applying for such use. Commissioner Clements stated that he fully supports the idea of event centers but questions whether the Commission should just change the zoning of the property to Commercial rather than having a conditional use permit. Commissioner Freeman stated that maybe we add a condition to require that the property is a historical property similar to the regulations in Cottage Grove. Lindquist stated that the City does not designate properties as historical properties. Lindquist stated that we could include a condition addressing where the property is located. The City does have AG- Agricultural properties among residential neighborhoods. The Commission could require that the property is located in a more rural section of the City. The Commission could also include a condition that requires the property to have an existing barn; but would the City say no to a project that fit all the other conditions but they wanted to build a new building. Commissioner Clements stated that the condition could be five acres for an existing building but twenty acres for a new building. Commissioner Mele stated that he thinks the process recommended is okay; there is a political process for each scenario that the Commission discussed. Mele is in agreement with changing the setbacks but is not in agreement with dictating where the event centers can be located. Planner Nemcek stated that there are eight standards that need to be made in addition to the sixteen recommended conditions in order to obtain a Conditional Use Permit. Those standards would address some of the concerns as to purchasing a five acre property in a residential neighborhood and placing a barn on it for an event center. Commissioner VanderWeil stated that if the Commission is concerned about where the event center is going to be located throughout the city then the Commission should just include that in the conditions. Commissioner Mele stated that he disagrees. The City Council will also have a roll in this process, as well as staff. The process has layers and it is a good process. Mele stated that he does not want the Commission to be so micro managerial. Planner Nemcek stated that it would be reasonable to include a condition that limits the location to sites east of Akron Ave and south of County Road 42, similar to the mining locational standards. Community Development Director Lindquist stated that the northern properties that are zoned AG-Agricultural are small and surrounded by rural residential. Staff questions if this type of use would be good for that established neighborhood. If this property and use were established prior to the surrounding residential neighborhood, then the future homeowners would be able to make an educated decision as to whether they want to move in near this sort of use. Commissioner Mele questioned if the original eight conditions for a CUP would remove some of the other agriculturally zoned areas from consideration before the application would even get to the Planning Commission. Lindquist stated that if the Planning Commission really does not feel that a specific area of the community would be appropriate for this type of use then the area should be excluded through the ordinance standards. That would put the City in the best legal position. The public hearing opened at 7:10 pm. Public Comments: Brent Bosaaen, 20516 Gateway Court, stated that he is the applicant for the CUP and is going to be purchasing the property. They would like to purchase more property around the existing property in the future to provide a larger buffer. MOTION by Mele to close the public hearing. Second by Clements. Ayes: 5. Nays: 0. Motion Passes. The public hearing was closed at 7:12 pm. Additional Comments: Commissioner Mele questioned if the Commission is supposed to just provide feedback or is staff looking for the Commission to act on the comments made. Lindquist stated that if they are comfortable with the changes then they can move forward so that the item can go to Council next month. The changes proposed relate to parking requirements, parking lot setbacks, site location limits, and setbacks for eating and drinking areas. Commissioner Clements questioned if there will be alcohol allowed outside of the building. Lindquist stated that yes, it will be and that is why staff is requiring that the applicant have an enclosed patio. There will be a defined space for alcoholic beverages. Clements questioned if a police officer would be required on site during the event. Planner Nemcek stated that a police officer would not be required to be onsite. The Police Chief was notified about this planning item and stated that there are no restrictions on security anywhere else in the city. Commissioner Mele stated that he would not want to restrict how many staff members could be on site during an event. Lindquist clarified that she was not suggesting that the ordinance restrict staff members she was referring to the parking situation. Commissioner Freeman questioned as to why the city is not requiring the applicant get liability coverage similar to the standard in the City of Lake Elmo. Senior Planner Klatt stated that he thinks someone in Lake Elmo had requested the condition to protect the city and show that the city would not be liable. Freeman questioned if the city would be liable. Klatt stated that he is not an attorney and does not know. Commissioner VanderWeil stated that she is not at liberty to render legal advice but that she is comfortable not including the liability coverage requirement in our ordinance. MOTION by Clements to recommend the City Council approve the Text Amendment Modifying the AG Agriculture Zoning District with the additional conditions. Second by Freeman. Ayes: 5. Nays: 0. Motion Passes. 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 standards: 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 application 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 shall 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.