HomeMy WebLinkAboutCC Report - Hecker Wedding IUP 3.19.16MAYOR AND COUNCIL COMMUNICATION
DATE: 2/16/2016
CONSENT/REGULAR
ITEM #:
MOTION
AGENDA ITEM: Hecker Commercial Wedding Ceremony Venue Interim Use Permit
SUBMITTED BY: Stephen Wensman, Planning Director
THROUGH: Clark Schroeder, Interim City Administrator
REVIEWED BY: Joan Ziertman
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .................................................................................................... Staff - Report/Presentation .................................................................................................... Staff - Questions from Council to Staff ............................................................ Mayor Facilitates - Public Input, if Appropriate ................................................................... Mayor Facilitates - Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council - Action on Motion .................................................................................. Mayor Facilitates
SUMMARY AND ACTION REQUESTED:
Danielle Hecker is requesting a ten year Interim Use Permit to establish a commercial wedding ceremony
venue as an accessory use on her residential property located at 11658 50th Street North. Staff and the
Planning Commission recommend the City Council approve the request for a ten year interim use permit
for a Commercial Wedding Ceremony Venue with the following motion:
““Move to recommend approval of Resolution 2016 ___ approving the ten year Interim Use Permit for
a Commercial Wedding Ceremony Venue located at 11658 50th Street North with 13 conditions.”
BACKGROUND AND STAFF REPORT:
The Planning Commission held a public hearing on January 11, 2016, then was continued it to February
8, 2016 in order for the applicant to process a concurrent amendment to the Commercial Wedding
Ceremony Venue ordinance. At the public hearing, Councilmember Smith spoke in support of the
proposal. After the public hearing, Staff received several emails in support of the proposal.
The Planning Commission reviewed the proposal and their primary concerns and comments addressed the
following issues:
• Potential noise
• Parking setback/screening
• Access management
• Public safety driveway requirements
• Right-of-way dedication.
Noise. After much discussion, the Planning Commission decided that staff’s condition requiring
conformance with city code addressed this concern.
Parking setback/screening. The Planning Commission discussed the impact of the commercial wedding
ceremony venue parking setback to the future residential development proposed for the agricultural
property (The Legends of Lake Elmo) to the north and east of the proposed. The adjacent parcel is
presently Agricultural and the proposed ten foot parking setback complies with the ordinance. If the
adjacent parcel were developed, the parking setback would be 100 feet. The Planning Commission
wanted to adequately address the screening issue knowing the area will likely be developed as residential.
In the end, the Planning Commission was satisfied that the screening would be adequately addressed by
the future development with berming and landscaping and added a condition of approval to address this
issue.
Access management. The Planning Commission supported the City Engineers access management
recommendation to connect the commercial venue access to the internal roads of the future Legends of
Lake Elmo development. The Planning Commission recommends that at the time the Legends of Lake
Elmo is developed, an 18 foot, 7 ton driveway be installed to the north – northeast corner of the
applicant’s property. The 18 foot, 7 ton standard is to accommodate large emergency vehicles, such as a
Fire Truck and wide enough to pass if a vehicle is parked or stalled there.
Public safety driveway requirements. The Planning Commission also supported the City Engineer and
Fire Chief’s request for a 7 ton –turnaround for emergency vehicles. The Commission recommended a 12
foot, 7 ton loop be installed on the site connected to the 18’ wide, 7 ton driveway to the Legends road
system.
Right-of-way dedication. The Planning Commission supported the City Engineer’s recommendation for
right of way dedication for a future trail along 50th Street N. The Planning Commission did not support
the applicant having to construct the trail.
In Summary, the applicant’s proposal meets the requirements of the amended Commercial Wedding
Ceremony Venue ordinance. The Planning Commission amended staff’s recommended conditions to
address the above mentioned issues. The central issue remaining is the balancing of public safety
concerns for access management and emergency vehicle driveway against the intent of the ordinance to
preserve the rural character. The 5oth Street access is the historic access to the property and the best
location for the applicant’s clients to find the venue. 5oth Street is a collector and more suited to higher
traffic volumes, whereas the future Legends of Lake Elmo road will be a residential road. The
requirement for the 18 foot & 12 foot, 7 ton driveway is contrary to the applicant’s intent and the intent of
the ordinance to preserve the rural character.
FINDINGS OF FACT
In order for the City Council to approve the interim use permit, the following findings must be met:
1. The use is allowed as an interim use in the respective zoning district and conforms to standard
zoning regulations.
2. The use will not adversely impact nearby properties through nuisance, noise, traffic, dust, or
unsightliness and will not otherwise adversely impact the health, safety, and welfare of the
community. The site is located on a collector road, the site is surrounded by farmed rural
residential land to the north (future proposed Legends Development).
3. The use will not adversely impact implementation of the Comprehensive Plan. The
improvements respect the rural/agricultural nature of the area and zoning district. The use is
accessory to the principle residential use.
4. The date or event that will terminate the use is identified with certainty. The applicant has
specified in the application materials that the use will terminate once the property is sold or
developed under future zoning. Staff is recommending a termination date of ten years from the
date of approval.
5. The applicant has signed a consent agreement agreeing that the applicant, owner, operator, tenant
and/or user has no entitlement to future reapproval of the interim use permit as well as agreeing
that the interim use will not impose additional costs on the public if it is necessary for the public
to fully or partially take the property in the future. A consent agreement will need to be approved
by the City Council as a condition of approval.
6. The user agrees to all conditions that the City Council deems appropriate for permission of the
use including the requirement of appropriate financial surety to cover the cost of removing the
interim use and any interim structures upon the expiration of the interim use permit. This item
can also be addressed as part of a consent agreement with the City.
7. There are no delinquent property taxes, special assessments, interest, or city utility fees due upon
the subject parcel.
RECOMMENDATION:
Staff and the Planning Commission recommend the City Council approve the request for a ten year interim
use permit for a Commercial Wedding Ceremony Venue with the following motion:
““Move to recommend approval of Resolution 2016- ___ approving the ten year Interim Use Permit
for a Commercial Wedding Ceremony Venue located at 11658 50th Street North with 13 conditions.”
ATTACHMENT(S):
• Resolution __ approving a ten year Interim Use Permit for a Commercial Wedding Ceremony
Venue located at 11658 50th Street North
• Planning Commission packet 2/8/16
• Planning Commission minutes 2/8/16
• Letters in Support