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HomeMy WebLinkAbout6.i. Text Amendment to Zoning Ordinance Modifying the Conditions for Commerical Event Centers in the AG Distrct EXECUTIVE SUMMARY Regular City Council Meeting Date: May 17, 2022 AGENDA ITEM: Text Amendment to Zoning Ordinance Modifying the Conditions for Commercial Event Centers in the AG- Agricultural Zoning District AGENDA SECTION: Consent PREPARED BY: Julia Hogan, Planner AGENDA NO. 6.i. ATTACHMENTS: Ordinance APPROVED BY: LJM RECOMMENDED ACTION: Motion to Approve a Zoning Ordinance Text Amendment Modifying the Conditions for Commercial Event Centers within the AG-Agricultural Zoning District SUMMARY Staff was recently approached about having a commercial event center in the eastern rural part of the community; where a principal structure and many out buildings currently exist. The property owner was interested in having events such as private parties and potentially weddings on site. In 2017, the City Council approved an addition to the ordinance that allowed commercial event centers as a conditional use in the AG-Agricultural district. Along with that update to the ordinance, a conditional use permit was applied for at the same time for a commercial event center in the Agricultural zoning district and was approved by the Planning Commission and City Council. When staff first presented the text amendment to add commercial event centers to the Agricultural district as a conditional use, sixteen conditions were proposed. During the Planning Commission meeting it was discussed that there were concerns with the proximity of a commercial event center to residential uses, which spurred the addition of a condition that limited the allowed area to east of Akron Avenue and south of County Road 42. After the addition of two more conditions there was a total of nineteen conditions that were approved. An issue that arose in regard to the approved conditions associated with commercial event centers in the Agricultural district is where they are allowed within the City. As stated above, commercial event centers are only allowed east of Akron Avenue and south of County Road 42. The main idea with making this a condition was that there would be no interference with residential use. What has been found is that there are properties north of County Road 42 that could be suitable for a commercial event center and would not interfere with residential everyday use. That is why staff is recommending modifying the condition from the site must be located east of Akron Ave and south of County Road 42 to site must be located east of County Road 71 (Blaine Avenue). 2 PLANNING COMMISSION The Planning Commission held a public hearing at its regular meeting on April 26, 2022 to review the item and receive public comment. No public comments were received prior to or during the public hearing of this item. The Commission brought up a question regarding if changing the street name in the proposed condition #2 from Blaine Avenue to County Road 71 would be a better option because Blaine Avenue changes into Rich Valley Blvd at the northern portion of the City. Staff explained that they would confirm the appropriate street name for the proposed condition before the text amendment went in front of the City Council. The Commission unanimously passed a motion to recommend approval of the text amendment recognizing staff would investigate the modification of the road name in condition #2 prior to the City Council Meeting. 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 In 2017 when staff first looked at adding commercial event centers to the AG-Agricultural district, 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 events and parties, staff felt that commercial event centers would be appropriate uses within the AG-Agricultural zoning district so long as recommended conditions were met. The City Council approved commercial event centers as a conditional use within the Agricultural district with nineteen conditions of approval. By modifying the second condition of approval, it allows for the opportunity for more properties to apply for a conditional use permit for commercial event center within the AG-Agricultural zoning district. Below is the staff recommended text amendment that modifies the second condition under commercial event centers in the conditional use section of the 11-4-1: AG Agricultural District. 11-4-1: AG AGRICULTURAL DISTRICT: D. Conditional Uses: The following uses are conditional uses in the AG district, and are subject to the conditional use permit provisions outlined in this title: AM radio antennas and supporting towers and related accessory structures. This use may be permitted only on properties situated in that part of the city north and east of State Trunk Highway 55. Cement or concrete production provided the site has an approved mineral extraction permit in compliance with section 11-10-4, "Small Scale Mineral Extraction", of this title. Commercial outdoor recreation. Commercial event centers, subject to: 1. The parcel must be a minimum of five (5) acres in size. 2. Site must be located east of Akron Avenue and south of County Road 42. Site must be located east of County Road 71. 3 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. 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. 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 (1) opening. 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. 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) midnight on Friday and Saturday. 8. Off street parking shall be provided to accommodate one (1) stall per two (2) 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 (1) 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 feet (20') from the side and rear property lines and fifty feet (50') 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 Marshal and Police Chief. 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. 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 four hundred feet (400') from a neighboring residential structure. 17. Sound amplification systems cannot be used outdoors after ten o'clock (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. 4 19. Trash enclosures must be provided and meet the standards for the C-4 General Commercial Zoning District. RECOMMENDATION The Planning Commission and Staff are recommending approval of the text amendment to modify the second condition of approval for commercial event centers in the AG-Agricultural district. City of Rosemount Ordinance No. B-XXX AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING TO 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: 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. Site must be located east of County Road 71. 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 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. 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 (5) 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 four hundred feet (400’) from a neighboring residential structure. 17. Sound amplification systems cannot be used outdoors after 8:00 p.m. 18. Noise form an event shall 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. Section 2. 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 17th day of May, 2022. CITY OF ROSEMOUNT ______________________ William H. Droste, Mayor ATTEST: Erin Fasbender, City Clerk