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HomeMy WebLinkAboutSpecialEventOrdinanceWorkshop_112712.pdf REQUEST FOR PLANNI NG COMMISSION ACTION Families, Fields and Fair __________________________ The City That Soars! Description The Commission has directed staff to put together a first preliminary draft of a possible special event ordinance from models reviewed in October and earlier workshops. Background At the request of the City Council, the Pl anning Commission has been studying the possibility of creating an ordinance to a llow certain events by special permit. Stout’s Pub, Dino’s and the Coffee Grou nds were represented at a September 25 workshop, when they outlin ed their event ideas and proposals in detail for the Commission. Commissioners’ consensus wa s to move forward with a draft ordinance and take input from the community at the hearing stage. Sample ordinances from other cities have be en reviewed in the course of this study. Ordinances from the cities of North St. Paul, Plymouth and Medina have been used to construct this rough draft, based on the Planning Commissi on’s discussions in the October 24 workshop. The Planning Commission will make further revisions and direct staff to forward the result to the City Attorney for appropriate changes, additions and reformatting, if appropriate. Budget Impact None at this time Attachment(s)  Preliminary draft ordinance. As this draft is put together from several models, it is in very rough form. It is expected th at the final draft will display substantial revision.  Staff recommends that Commissioners br ing the materials that have been distributed in earlier worksh op packets on this topic fo r reference, especially the model ordinances provide in October. Please let staff know if new paper copies are needed. Action(s) Requested Review the draft ordinance and discuss. Ad vise staff on changes recommended by the Commission. Determine next steps. Meeting Date November 27, 2012 Agenda Item Workshop Title Special Event Ordinance (Continued) Submitted By Deborah Jones, Staff Liaison City of Falcon Heights Planning Commission: Special Ev ent Ordinance First Draft – 11/27/12 Page 1 of 8 City of Falcon Heights Planning Commission Planning Commission Workshop, November 27, 2012 Special Event Ordinance: A Preliminary Draft (incorporating elements chosen in workshop on October 23, 2012) KEY City of North St. Paul – Arial font City  of  Medina  – Calibri  font   City of Plymouth – Courier Font Falcon Heights additions and ch anges – Times New Roman font Comments in italic Section 122.01 Purpose and intent 122.02 Definitions 122.03 Permit required 122.04 Requirements for issuance of a permit 122.05 Application procedures 122.06 Fees 122.07 Granting a permit 122.08 Denial of permit 122.09 Transferability 122.10 Enforcement and penalties 122.11 Revocation of permit 122.12 Special event vendors § 122.01 PURPOSE AND INTENT. The purpose of this chapter is to promote the orderly, co mpatible and safe use of property for temporary specia l events and to assure adequate provision of parking, traffic, sanitary facilities, utilities, peace and tranquility of residential neighborhoods and safety services. City of Falcon Heights Planning Commission: Special Ev ent Ordinance First Draft – 11/27/12 Page 2 of 8 § 122.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall appl y unless the context clearly indicates or requires a different meaning. APPLICANT. Any individual, partnership, cor poration, association, society or group seeking and/or receiving a spec ial event permit from the city. OUTDOOR. Activity conducted outside of a permanent struct ure or building. PERMIT. A permit issued by the ci ty to allow a special event. PERSON. Any person, associat ion, partnership, firm, business trust, corporation or company. SPECIAL EVENT. Any tempor ary, outdoor privately-sp onsored event open to the general public and held on public or privately owned property. (What about public events in the park, not city-spo nsored, e.g. a 5k race?) SPECIAL EVENT shall not apply to the following: (1) Any permanent place of worship, stadium, athletic field, arena, theatre, auditorium, or fairs conducted pursuant to M.S. Chapter 38. (1a RENUMBER ) Any event conducted on the campus of the University of Minnesota or the grounds of the Minnesota State Fair. (2) Special events or activities permitted or permitted by other state laws or regulations of the City of Falcon Heights , including publicly-sponsored activities in the local park system and any other established special ev ent operating prior to adoption of this chapter (section?). (3) Family gatherings, including family reunions, graduation parties, baptisms, confirmations, weddings, wedding  receptions, funerals, funeral  processions and the like. (4) Garage sales and residential boutique sales as regulated in Section 113-174 . (5) Events such as but not limited to National Night-Out establishe d through the City of North St. Paul block parties and neighborhood meetings . (Additions to this?) SPECIAL  SERVICES.  The  exclusive  allocation  of  city  resources, including, but  not  limited  to, city  personnel, equipment, rights ‐of ‐way, property  or  facilities  for  use  in  conjunction  with  a  specific  event  or  activity, as  requested  by  the  host  or  sponsor  of  the  event, or  as  requested  by  or  on  behalf  of  any  person  attending  the  event, or  deemed  necessary  by  city  staff  in  order  to  maintain  public  safety. Special  Services  shall  include, but  not  be  limited  to, any  of  the  following: street  closures; requiring  police  officers  to  stop  or  reroute  traffic; special  police  protection;  City of Falcon Heights Planning Commission: Special Ev ent Ordinance First Draft – 11/27/12 Page 3 of 8 stationing  emergency  vehicles  at  or  in  the  immediate  vicinity  of  the  event; exclusive  use  of  city  streets  as  a  staging  area  or  for  event  parking; additional  street  cleaning  and  garbage  removal  services; special  signage, such  as  temporary  no  parking  signs; the  use  of  any  city  building, equipment  or  other  property  for  any  purpose  other  than  the  normal  daily  operations  of  the  city; or  the  city  otherwise  providing  exclusive  services.  § 122.03 PERMIT REQUIRED ; EXCEPTIONS . (Subdivision 1) No person on or after the effective dat e of this chapter shall conduct or allow to be conducted any special event as de fined in this chapter without first obtaining a special event permit. (Subdivision 2) No special event may be schedul ed during the Minnesota State Fair or for one week prior and one week followi ng the Minnesota State Fair. (Subdivision 3) The  following  are  exempt  from  the  permit  requirements:  a) Wedding  ceremonies  and  receptions, funeral  ceremonies  and  funeral  processions; (covered above)  b) Any  event  attended  by  fewer  than  200  persons  at  one  time  which  does  not  require  any  Special  Services  and  does  not  involve  the  sale  of  alcohol;  c) Any  event  that  is  otherwise  regulated  by  the  city  through  the  use  of  another  regulatory  manner, such  as  an  interim  use  permit  or  conditional  use  permit; and   d) The  use  of  traditional  public  forums  as  alternative  channels  of  communication  by  the  public, provided  that  such  use  is  for  the  free  exercise  of  constitutionally  protected  activities  and  does  not  disrupt  or  interfere  with  traffic  on  public  streets  or  the  use  of  public  places  by  other  members  of  the  public.  (Do we need this, or should it be provided for in the “not a special event” category? Ask legal advice?)  City of Falcon Heights Planning Commission: Special Ev ent Ordinance First Draft – 11/27/12 Page 4 of 8 § 122.04 REQUIREMENTS FOR ISSUANCE OF A PERMIT. The following standards shall apply to all special events: (A) Maximum number of people. The permitee shall not sell tickets to nor permit attendance at the permit locati on of more than the maximum number of people stated in the special event permit. (B) Sound equipment. Sound producing equipmen t, including but not limited to public address systems, radios, phonog raphs, musical instruments and other recording devices, shall not be operation on the premises of the s pecial event so as to be unreasonably loud or be a nuisance or dist urbance to thepeace and tranquility of the citizens of North St. Paul Falcon Heights . (Should we have a curfew for amplified sound in this section? 9 p.m.?) (C) Sanitary facilities. In accordance with Minnesota State Board of Health regulations and standards and local specifications, adequate sanitary facilities must be provided which are sufficient to accommodate the proj ected number of person expected to attend the event. (D) Security. The permitee shall employ at his or her own expense such security personnel as are necessary and sufficient to provide for the adequate security and protection of the maximum number of persons in attendance at the special event and for the preservation of order and protection of property in and around the event site. No permit shall be issued unless the city’s Chief of Police is satisfied that such necessary and sufficient security personnel will be provided by the permitee for the duration of the event. (E) Food service. If food service is made ava ilable on the premises, it shall be delivered only through concessions permitted by t he Ramsey County Health Department. (F) Fire protection. The permitee shall, at his or her own expense, take adequate steps to insure fire protection as deter mined by the City of North St. Paul Falcon Heights Fire Chief. (G) Duration of special event. The permit ee shall operate the special event only on those days and during the hours specified on the permit. Setting up for the event may commence nor more than 24 hours before the time and date specified on the permit. All structures, equipment, displays and refuse must be removed within 24 hours of the end time and date specified on the permit. (except for 24 hour limit, based on Plymouth) (H) Cleanup plan. The special event applicant is responsible for clean up. Any clean up required by the city may be charged to the a pplicant. Any city service that requires overtime will be at the ex pense of the applicant. City of Falcon Heights Planning Commission: Special Ev ent Ordinance First Draft – 11/27/12 Page 5 of 8 (I) Waiver. The City Council may grant a waiver from the requirements of this chapter in any particular case where the applicant can show that strict compliance with this chapter would cause except ional and undue hardship by reas on of the nature of the special event or by reason of the fact that the circumstan ces make the requirement of this chapter unnecessary. Such waiver must be granted without detri ment to the public health, safety or welfare and without im pairing the intent and purpose of these regulations. (J) Insurance. Before the issuance of a permi t, the permitee shall obtain public liability insurance and property damage insurance wi th limits determined by the City Manager Administrator . Such insurance shall remain in full force and effect in the specified amounts for the duration of the permit. Ev idence of insurance shall include an endorsement to the effect that the insurance company will notif y the City Clerk in writing at least ten days before the expiration or cancellation of the insurance. (K) Miscellaneous. Prior to the iss uance of a permit, the City Council Administrator may impose any other conditions reasonably calc ulated to protect the health, safety and welfare of persons attendant or of the ci tizens of the City of North St. Paul Falcon Heights . Hours: Add provision to end by 9 p.m.? Or leave this under staff discretion? § 122.05 APPLICATION PROCEDURES. A written application for a special event per mit shall be filed on forms provided by the city with the City Manager Clerk not less than 30 days bef ore the date proposed for holding the special event. The written app lication shall be signed by the person, persons, or parties conducting the event and shall be accompanied by the fee payable hereunder. Upon submission of an application fo r a special event permit, City Staff will review the request and advise the applicant of the need for additional information, if any. § 122.06 FEES. The fee for a special event license shall be as established by the City Council. § 122.07 GRANTING A PERMIT. (DO WE NEED THIS? ALL OR PART? COUNCIL OR STAFF?) The City Council, in its sole discretion, reserves the right to review and determine whether or not a request for a sp ecial event and/or street clos ing is acceptable. It is the stated purpose of the City Council that all such special events and/or street closing shall be for family-friendly activities only. Special event activities must be inclusive of events and activities for both adults and children. In the event the City Council determines the activity dies not meet these criter ia, such applicati on shall be denied. City of Falcon Heights Planning Commission: Special Ev ent Ordinance First Draft – 11/27/12 Page 6 of 8 § 122.08 DENIAL OF PERMIT. (See Medina version. Should this be staff, with appeal to Council?) The City Council shall have the right to deny the permit if, in the judgment of the City Council, the granting of a license would adverse ly affect the safety, health and welfare of the citizens of North St. Paul. The applic ant shall be notified of such denial and may appear before the City Council to appeal such denial. § 122.09 TRANSFERABILITY. No permit granted under this chapter shall be transferred to any other person or place without consent of the City Council, upon written application made therefore. § 122.10 ENFORCEMENT AND PENALTIES. (A) The Police Department and other such o fficers, employees, or agents as the City Council or City Manager Administrator may designate, shall enfor ce the provisions of this chapter. (B) The holding of a special event in violation of any provision of this chapter shall be deemed a public nuisance and may be abated as such. (C) Any person violation any provision of th is chapter is guilty of a misdemeanor and upon conviction shall be subject to the penal ties set forth in Minnesota Statutes. § 122.11 REVOCATION OF PERMIT. The permit for a special event may be revoked by the City Council or City Administrator (?) at any time if any of the conditions necessa ry for the issuing of or contained in the license are not complied with or if any of the provisions of this chapter are violated. Medina  version: A  Special  Event  permit  may  be  revoked  by  the  city  at  any  time  for  failure  to  comply  with  the  provisions  of  this  section  and  conditions  of  the  permit.     City of Falcon Heights Planning Commission: Special Ev ent Ordinance First Draft – 11/27/12 Page 7 of 8 Additional elements to insert where appropriate From City of Plymouth. Commissioners should carefully review the parking sections especially. (e) General Standards applying to all temporary events and outdoor sales. (1) The event or sale shall be accessory to or promoting the permitted or conditional use approved for the site.) (2) Tents, stands, and other similar temporary structures may be used, provided they are clearly identified on the submitted plan and provided that it is determined by the Zoning Administrator that they will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site. (3) The submitted plan shall clearly demonstrate that adequate off-street parking for the proposed event can and will be provided for the duration of the event. Determination of compliance with this requirement shall be made by the Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21155 (substitute appropriate FH section). Consideration shall be given to the parking needs and requirements of other occupants in the case of multi-tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner’s expense. If off-street parking on privat e property not owned by the appli cant is to be used for the event, written approval from that property’s owner must be submitted with the permit application. (4) Signage related to the event or sale shall be in compliance with the temporary sign standards of Section 21155 and shall be allowed for the duration of the event. The Zoning Administrator may authorize special signage for purposes of traffic direction and control; the erection and removal of such signage shall be the responsibility of the applicant. (5) The approved permit shall be displayed on the premises for the duration of the event. (6) All activity related to the event or sale must take place within the time permitted in the administrative permit. No buildings, equipment or materials may be erected or displayed prior to the start date identified in the permit application and all structures, equipment and displays must be removed by the end date identified in the administrative permit. (7) Not more than one (1) such event or sale shall be allowed per property at any given time. City of Falcon Heights Planning Commission: Special Ev ent Ordinance First Draft – 11/27/12 Page 8 of 8 (2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed three (3) consecutive calendar days per event. (Previous Commission discussion: 2 days plus the 24 hour set-up and 24 hour take-down) (3) There shall be no more than two (2) special events per calendar year per property. However, each tenant in a multi-tenant building shall be permitted one (1) special event per year. Multi-tenant buildings with less than five (5) lease-spaces shall be considered as a single property for purposes of this provision. (Previous Commission Discussion: 3 events per year. Include the multi-tenant provision?)