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HomeMy WebLinkAbout9.a. Conditional Use Permit for a Commercial Event Center in the AG-Agricultural Zoning District EXECUTIVE SUMMARY City Council Regular Meeting: August 15, 2017 AGENDA ITEM: Conditional Use Permit for a Commercial Event Center in the AG-Agricultural Zoning District AGENDA SECTION: New Business PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 9.a. ATTACHMENTS: Resolution, Excerpt from June 27, 2017 Planning Commission Meeting, Site Location Map, Site Plan, Fire Marshall’s Memo APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve a resolution allowing a conditional use permit for a commercial event center in the AG-Agricultural zoning district. 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 City Council, at its regular meeting on July 31, 2017, approved a zoning ordinance text amendment to permit commercial event centers as a conditional use in the AG-Agricultural zoning district. The conditional use permit application has been reviewed by staff using the criteria approved by the City Council. Staff has determined that the proposed Commercial Event Center located at 4979 160th Street East meets the conditions contained in the City’s zoning ordinance and recommends approval of the Conditional Use Permit. Applicants and Property Owners: Brent and Angela Bosaaen 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: Staff anticipates the final land use in the neighborhood to be residential upon development. PLANNING COMMISSION ACTION The Planning Commission held a public hearing at its June 27, 2017 meeting to review the conditional use permit application and to receive public comment. No public comments were received, although the applicant was present to answer questions posed by the Commission. The Commission asked questions specific to the site related to the need for a commercial kitchen and facilities that would be required by the State health code. The Planning Commission unanimously recommended approval subject to the applicant providing a parking plan, a site plan showing the location of sanitary facilities and trash enclosures, and a concept safety plan to be reviewed by the City Fire Marshall. 2 BACKGROUND The applicants purchased the subject property in June of 2017. 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 installation of 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 additional city 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 conditions of approval in the recently amended zoning 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 required by the newly adopted ordinance. CONDITIONAL USE PERMIT Review and Analysis Commercial event centers have been designated as a conditional use 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 Council 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. A condition requires that the landowner and adjacent property owners coordinate events and other activities on both properties to ensure health, safety and welfare of the event attendees is met. Additionally, 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 3 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. 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 addresses 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 site must be located east of Akron Avenue and South of County Road 42. Finding: The subject property is located near the southeast corner of Rosemount well east of Akron Avenue and South of County Road 42. The property owner and venue operator must be the same individual(s) and the site shall be its primary residence. The operator, or its designee, must be on the premises for the duration of each event. Finding: The applicant will be living in the house located on the site. They will be the operator of the venue. At this time, the applicant intends to be present for the duration of on-site events. 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. 4 Finding: The applicant is proposing to accommodate no more than 182 guests per event based on the number of parking stalls indicated on parking plan provided by the applicant. 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, some type of barrier or demarcation must be installed in accordance with City Code requirements for outdoor seating areas at restaurants, and the zoning ordinance. 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. 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. 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. Parking for 98 vehicles is indicated on the site plan provided by the applicant. This amounts to parking for 182 guests and event staff. Parking lot setbacks for gravel or surface lots shall be twenty (20) feet from the side and rear lot lines and fifty (50) feet from the front. 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 40 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. Additionally, the parking lot will be setback 50’ from the right of way along 160th Street East. 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 final site plan has been reviewed by the City Fire Marshall and a memo is included. The Fire 5 Marshall has indicated that the site plan meets all the requirements of the Minnesota State Fire Code. Compliance with all applicable regulations including state health code, state building codes, and local liquor licensing requirements. The operator shall coordinate events and activities with adjoining property owners to ensure appropriate health and safety codes are met. 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. Finally, the applicant has had conversations with the farmer currently using the adjacent fields to identify spraying and fertilizing schedules in order to coordinate their schedule for events. 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. 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 afte r 10 :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 10:00 p.m. Noise for a n 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 6 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. The site plan provided by the applicant and reviewed by the Fire Marshall indicates that emergency vehicle access requirements will be met. 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. Dakota County reviewed the proposed use and saw no need at this time for additional turn lanes or other changes to traffic patterns along 160th Street. The parking lot will be located on the western portion of the site between an existing stand of trees and the pole barn. The plan provided indicates space for 98 vehicles which would accommodate 182 guests and an additional 7 parking stalls for event staff as required by City Code. 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. 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 and the Planning Commission recommend approval of a conditional use permit for a commercial event center located within the AG-Agricultural zoning district. This recommendation is based on information provided by the applicant and reviewed in this report. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2017- A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) FOR A COMMERCIAL EVENT CENTER WHEREAS, the City of Rosemount received an application for a Conditional Use Permit (CUP) from Brent and Angela Bosaaen; and WHEREAS, on June 27, 2017, the Planning Commission of the City of Rosemount held a public hearing to review the CUP application from Brent and Angela Bosaaen for a Commercial Event Center; and WHEREAS, the Planning Commission adopted a motion recommending that the City Council approve the CUP for Brent and Angela Bosaaen; and WHEREAS, on August 15, 2017, the City Council of the City of Rosemount reviewed the Planning Commission’s recommendation and the CUP application for a Commercial Event Center. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the CUP for a Commercial Event Center, subject to the following conditions: 1. The property owner and venue operator must be the same individual(s) and the site shall be its primary residence. The operator, or its designee, must be on the premises for the duration of each event. 2. Attendance at events is limited to 2 times the provided parking stalls minus 7 stalls, which is currently 182 guests. The applicant can increase the number of stalls consistent with the ordinance setback and screening standards to increase the total number of guests allowed on site. This approval can be done administratively. 3. The parking lot shall be screened from adjoining properties now and in the future. Additional plantings to maintain screening may be required in the future, depending upon the longevity of existing landscape materials. 4. The operator shall coordinate events and activities with adjoining property owners to ensure appropriate health and safety codes are met, including impacts associated with farming activities. 5. A hammerhead shall be added to the south end of the parking lot. 6. Compliance with all ordinance criteria listed in section 11-4-1:D of the City of Rosemount Zoning Ordinance. 7. Conformance with the Fire Marshall’s Memorandum dated August 10, 2017. 8. Approval of appropriate building permits for structural improvements, parking, permanent lighting, etc. 9. Parking is not allowed along 160th Street East. 10. Only one access to 160th Street East is permitted. ADOPTED this 15th day of August, 2017, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor RESOLUTION 2016- 2 ATTEST: ___________________________________ Clarissa Hadler, City Clerk 6.b. Request by Brent and Angela Bosaaen for a Conditional Use Permit. (17-25-CUP) Planner Nemcek gave a brief summary of the staff report for the Planning Commission. Commissioner Clements inquired if there will be a commercial kitchen on site. Nemcek stated that the requirements will be set by the state health code and is included in the conditional use permit. Clements inquired if there will be hand washing available for the caterer. Nemcek stated that there is running water in the barn facility. The public hearing opened at 7:29 pm. Public Comments: None. MOTION by Clements to close the public hearing. Second by Freeman. Ayes: 5. Nays: 0. Motion Passes. The public hearing closed at 7:30 pm. Additional Comments: None. MOTION by Freeman to recommend approval of the 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 indication traffic circulation, signage, and access prior to City Council review. Second by Mele. Ayes: 5. Nays: 0. Motion Passes. 117191 PARKING SITE PLAN PARKING SITE PLAN c 1OF160TH STREET E ROSEMOUNT, MINNESOTA ANGELA BOSAAEN 4979 160TH STREET E 8-3-2017 TML TML Name Reg. No.Date Revisions Date Designed Drawn 2015 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS ROSEMOUNT, MINNESOTA 55068 I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota 44763 Jennifer L. Thompson 1 MEMORANDUM To: Anthony Nemcek, Planner Kim Lindquist, Community Development Director From: Rick Chase, Fire Marshal Date: August 10, 2017 Subject: Bosaaen Conditional Use Permit (17-25-CUP) The following comments are provided based on the 2015 Minnesota State Fire Code and site plan dated 8-3-2017 from Pioneer Engineering. • Fire apparatus access roads in accordance with the Minnesota State Fire Code minimum width 20’. Complies • Fire apparatus access minimum vertical clearance 13’6”. Can verify during construction. • Turn around required in accordance with the Minnesota State Fire Code. Complies • No parking fire lane signage will be required. Can verify at time of construction. • Trash/dumpster location required to be a minimum of 5’ from any structure including overhangs. Complies • Premise identification is required in plain view of the right of way. Can verify at time of construction. Sincerely, Rick Chase Fire Marshal