HomeMy WebLinkAbout6.g. Request by Joe Bezotte for a Conditional Use Permit for a Commerical Event Center in the AG-Agricultural Zoning District
EXECUTIVE SUMMARY
Regular City Council Meeting: May 17, 2022
AGENDA ITEM: Request by Joe Bezotte Conditional Use
Permit for a Commercial Event Center in
the AG-Agricultural Zoning District
AGENDA SECTION:
Consent
PREPARED BY: Julia Hogan, Planner AGENDA NO. 6.g.
ATTACHMENTS: Resolution; Site Location; Site Aerial;
Applicant’s Narrative; Parking Plan; Site
Plan/Concept Safety Plan; Fire Marshal
Memo
APPROVED BY: LJM
RECOMMENDED ACTION: Motion to adopt a resolution approving a Conditional Use
Permit for a Commercial Event Center at 13273 Pine Bend Trail
SUMMARY
The City received an application from Joe Bezotte for a commercial event center at the property located at
13273 Pine Bend Trail. Historically, the site has been used as a farmstead. The applicant wishes to utilize
the grounds and existing structures on the property for various events including, but not limited to,
weddings, receptions, and private parties.
Back in 2017, the City Council approved adding commercial event centers as a conditional use in the AG-
Agricultural zoning district within the City’s ordinance. There were nineteen standards associated with the
approval of commercial event centers in the AG district. One of those standards being that the site must
be located east of Akron Avenue and south of County Road 42, which the subject site in question does
not meet that standard. Staff determined that an amendment to the text of the zoning ordinance was
warranted, and that the applicant should apply for a conditional use permit based on the amended
conditions. On the agenda is a text amendment requesting a change in standard two of commercial event
centers from “Site must be located east of Akron Avenue and South of Country Road 42” to “Site must be
located east of County Road 71”.
Property Owner and Applicant: Joe Bezotte
Property Location: 13273 Pine Bend Trail
Size of Property 26.34 Acres
Comprehensive Plan Designation: AG-Agriculture
Zoning: AG-Agricultural
Current Neighboring Land Use: Agriculture and Industrial Park
Planned Neighboring Land Use: Agriculture and Light Industrial
PLANNING COMMISSION ACTION
The Planning Commission held a public hearing at its April 26, 2022 meeting to review the conditional use
permit application and to receive public comment. No public comments were received prior to or during
the public hearing of this item. The Commission had a few questions relating to liquor licensing, the type
of commercial event center this would be and parking. Staff informed the Commission that the applicant
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indicated that they plan on hosting smaller private parties and potentially weddings as well. Staff also
explained that the applicant plans on using off site catering companies that would have traveling liquor
licensing and that within the City’s Ordinance for off street parking the requirement is 1 parking stall per 2
guests plus 7 additional parking stalls, which the applicant has shown in their parking plan the number of
stalls they can accommodate. The Commission also had comments regarding the commercial event center
being a great addition to the community and a great way to use existing buildings that the public can enjoy.
The Planning Commission voted unanimously to recommend approval of the request, subject to
conditions.
BACKGROUND
The applicant had recently purchased this property and is in the process of moving to this location full
time. The subject property is 26.34-acres in size and surrounded by approximately 180-acres of woods and
farmland and contains one of the only houses on Pine Bend Trail. If the conditional use permit is
approved, the applicant plans on using the existing buildings on the property and does not plan on adding
any additional out buildings. The applicant has indicated that they plan on hosting various events primarily
on the weekends, but also plan on having occasional events during the week as well.
CONDITIONAL USE PERMIT
Review and Analysis
Under the current ordinance, commercial event centers are 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. Adjacent farm
land and wooded area will not be impacted by the proposed use. This site contains one of the only
residential properties in the area and future development in the surrounding area is not planned.
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 neighboring farming and industrial operations.
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 its compatibility with adjacent
agricultural and wooded area 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 would
address this topic.
Will not involve uses, activities, processes, material equipment, and conditions of operation that
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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 off of Pine Bend Trail.
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 to remain economically viable and
reduce the risk of its demolition. Additional buildings are not proposed to be added to the property as
well.
These standards apply in addition to specific conditions as may be applied throughout this code.
Commercial Event Centers – Conditions of Approval
If the proposed zoning ordinance text amendment is approved, in addition to the eight general findings,
the following conditions must be met in order to approve the use of the property as a commercial event
center.
1. The parcel must be a minimum of five (5) acres in size.
Finding: The size of the subject property is over 5 acres in size.
2. Site must be located east of County Road 71.
Finding: The site is located east of County Road 71, staff finds that this condition is met.
3. 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 is the property owner and indicates in his narrative that they will be the
venue operator and the subject property will be their main residence.
4. The maximum number of guests is two hundred (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 agrees with this condition and plans on contacting the city for approval of
events that plan on having 200 guests or more.
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.
Finding: The applicant has indicated that any outdoor liquor will have a cordoned off area with at
least one opening on site.
6. Outdoor seating areas where food and/or liquor is available shall be set back twenty feet
(20’) from property lines and have appropriate screening to adjacent properties.
Finding: The applicant stated in their narrative that any outdoor area with food and liquor will be
setback 20-feet from the front of the property and will be screened.
7. The hours of operation shall be no later than ten o’clock (10:00) P.M . on Sunday through
Thursday and twelve o’clock (12:00) A.M . on Friday and Saturday.
Finding: The applicants have indicated that their hours of operation will comply with this
condition.
8. Off street parking shall be provided to accommodate one (1) stall per two (2) guests plus
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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 (1) year. No vehicle parking is permitted within or along
any public right-of-way.
Finding: The applicant has identified two parking lot areas, one that is located west of the exiting
home and one east of the exiting home. They are proposing that the larger parking area can
accommodate up to 86 parking stalls and the smaller parking area can accommodate up to 16
parking stalls. They are proposing an additional 7 parking stalls on the property that would use
various buildings on site.
9. Parking lot setbacks for gravel or surface lots shall be twenty feet (20’) from the side and
rear property lines and fifty feet (50’) from the front property line.
Finding: Staff have reviewed the proposed parking plan and it does identify that the parking areas
will be the required distance away from the side property lines and the rear property line. The
proposed parking area is located closer to the front property line though. Staff has concluded that
the applicant will need to submit a site plan showing the exact setback measurements when
applying for a permit to construct the parking areas to ensure it meets the 50-foot front property
line requirement. Staff will review further at that time.
10. Parking lot shall be screened from neighboring parcels.
Finding: The areas identified for the parking lots is adequately screened by existing mature stand
of trees that are on the site. 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 addition screening of the parking area.
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.
Finding: The applicant has indicated that lighting is already in place and meets standard outlined in
the condition.
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.
Finding: The City Fire Marshal has conducted a 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.
13. 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 various catering companies for all food and beverages served
on the premises. Building permits will be reviewed for compliance by the City Building Official.
14. The serving of food and beverages is permitted only in conjunction with an event.
Finding: Food and beverages will only be provided by licensed vendors or leases in conjunction
with events.
15. Overnight accommodations for guests, including campers, tents, or other recreation
vehicles, are prohibited.
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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.
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 four hundred feet (400’) from a neighboring
residential structure.
Finding: The applicant is planning to use portable restrooms for events. The portable restrooms
will abide by the requirements stated in the condition. There are no residential structures within
400 feet of the property, but if land around the property develops, permanent facilities will be
required as portable toilets will no longer be permitted.
17. Sound amplification systems cannot be used outdoors after ten o’clock (10:00) P.M.
Finding: The applicant indicated that they will no use sound amplification systems will be used
outdoors after the 10:00 p.m. requirement.
18. Noise for an event shall not be plainly audible at a distance of fifty feet (50’) or more from
the property line.
Finding: This is consistent with the City’s noise ordinance for other parties in the community.
The applicant agrees that events will be permitted and located in a fashion to no violate this rule.
19. 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. The applicant has agreed to abide by this
requirement.
SITE PLAN REVIEW
Land Use and Zoning
The site of the proposed commercial event center is currently guided for agricultural uses and staff
believes that the land surrounding the site will continue to be used for agricultural and industrial uses in
the future. 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 if that ever does occur.
Access and Parking
The site is currently accessed by an existing circular driveway, which provides two access points to Pine
Bend Trail. The Fire Marshal indicated during the initial review of the site that they would have to widen at
least of one the access points to 20-feet to accommodate emergency vehicles in accordance with State Fire
Code. The applicant has agreed to widen the eastern access point of the driveway to accommodate
emergency vehicles. 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. There are two parking areas proposed
on site, one of the parking areas is located to the west of the existing house and the other parking area is
located east of the existing home. The larger parking area is 23,379-sqft and can accommodate up to 86
parking stalls. The smaller parking area is 9,781-sqft and can accommodate up to 16 parking stalls. The
applicant is also proposing 7 additional parking options which include the two parking stalls in attached
garage, two parking stalls in front of the Quonset hut, and three parking spaces in the detached garage on
site. If applicants wish to accommodate 200 attendees, space for 107 parking stalls will be required. The
parking plan will be further reviewed by staff and approved prior to the issuance of a building permit.
Accessible parking with signage will also be required on site, which the applicant has agreed upon.
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Lighting
The applicant has indicated that lighting features are already in place on site. A building permit will be
required if additional 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
The Planning Commission and Staff are recommending approval of a conditional use permit for a
commercial event center located within the AG-Agricultural zoning district, subject to the conditions. The
recommendation is based on information provided by the applicant and reviewed in this report.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2022-XX
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A
COMMERICAL EVENT CENTER AT 13273 PINE BEND TRAIL
WHEREAS, the City of Rosemount received an application from Joe Bezotte requesting a
Conditional Use Permit (CUP) for a Commercial Event Center at 13273 Pine Bend Trail; and
WHEREAS, on April 26, 2022, the Planning Commission of the City of Rosemount held a public
hearing to review the CUP application allowing a Commercial Event Center and adopted a motion
to recommend that the City Council approve this request, subject to conditions; and
WHEREAS, on May 17, 2022, the City Council of the City of Rosemount reviewed and agreed
with the Planning Commission’s recommendation to grant a Conditional Use Permit allowing a
Commerical Event Center at 13273 Pine Bend Trail.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves a Conditional Use Permit (CUP) for a Commercial Event Center at 13273 Pine Bend Trail.
Subject to the following conditions:
1. Compliance with all ordinance criteria listed in section 11-4-1:D of the City of Rosemount
Zoning Ordinance.
2. Applicant must acquire applicable building permits for structural improvements, parking,
permanent lighting, etc,
3. Temporary structures, including tents, must meet the Minnesota Building and Fire Code
requirements.
4. At least one access road from the property to Pine Bend Trail must meet the twenty-foot
(20’) width requirement, per the City Fire Marshal’s Memorandum.
5. Compliance with ADA requirements for number of accessible parking stalls and signage.
6. Parking is not allowed along Pine Bend Trail.
ADOPTED this 17th day of May, 2022 by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Erin Fasbender, City Clerk
Site
PARKING ARTICULATION
Photo #1
The top Photo shows main parking area which is 23379 sq ft area. This area will have parking spaces of 100 sq ft a piece as well as 20ft wide
lanes of traffic. The measurements for this portion are 160 ft x 149 ft. With these measurements we can plan for lanes taking up 5380 sq ft.
Based on those calculations and the length and width of the parking area we can account for 15, 10ft spaces, along two sides of the lot (total of
30). We can also plan on 16 spaces along the far edge of the lot. The short side of the parking lot where entrance and exit will be located will
allow for 12 more parking areas. We are then counting on parking on two sides of the center, for a total of center spaces adding up to 28 (14
each side). This brings the total parking for that area to 86 vehicles.
Photo #2
This parking is located on the other side of the property from the house and is 185ft long and 52.8ft wide for a total of 9781sqft. With a
maneuvering area of 20 ft wide in the center that would leave room for 100sq ft parking spaces on each side (lengthwise). Accounting for a 20ft
wide area to enter and exit from on one side this will leave room for 16 vehicles in this area.
Photo #3
For the extra 7 parking spaces we have the connected garage which will accommodate two vehicles as well as the area in front of the Quonset
hut which will provide two vehicle spaces and lastly the detached three car garage will accommodate three more spaces.
PHOTO #1
15
15
16
12
14 & 14
PHOTO #2
10
6
Enter/Exit
PHOTO #3
Attached 2 Car Garage
2 spaces in front of
Quonset hut
Three Car Garage space
Feet050100℄℄℄℄
Feet050100℄℄℄℄
Genesis Ranch – Traffic flow, trash locations, emergency vehicle entrance, main event entrance,
bathroom locations
Event attendees will enter through
this entrance, which will be posted on
both sides of the property as well as
on all even flyers and event-marketing
HC = Handicapped Spaces. Trash locations = yellow, emergency vehicle entrance = red, main
entrance = green, bathroom locations = blue
Visual Entrance to main parking
area obscured by tree. Main
entrance and exit Main Trash Dumpster -
Other trash barrels will be
spread throughout the area
Emergency Vehicle
Entrance. 20+ feet wide
One of two possible
locations for
portable restrooms
One of two possible
locations for
portable restrooms
Genesis Ranch - Lighting is indicated by yellow circles. Yellow Cones indicate the approximate
areas covered. All areas open to event space will be fully illuminated.
M E M O R A N D U M
To: Julia Hogan, City Planner
Adam Kienberger, Community Development Director
From: Rick Chase, Building Official/Fire Marshal
Date: May 10, 2022
Subject:
Bezotte Commercial Event Center CUP
The following comments are provided based on-site plan review.
• Fire apparatus access road shall be 20’ wide.
• Temporary structures including tents are required to meet the Minnesota
Building and Fire Code.
• The site is required to meet the MN Accessibility Code.
• Restroom facilities are required to be provided in accordance with the
Minnesota Building Code.
Review is based on outdoor events that will not be using current structures on
site for events.
Sincerely,
Rick Chase
Building Official/Fire Marshal