HomeMy WebLinkAboutJZ Wedding Ordinance Item TI I F CITY (-)F
LAKE ELMO
MAYOR AND COUNCIL COMMUNICATION
DATE: 2/16/2016
CONSENT/REGULAR
ITEM#:
MOTION
AGENDA ITEM: Ordinance Amendment—Commercial Wedding Ceremony Venue
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 and Carol Palmquist are requesting an amendment to the Commercial Wedding Ceremony
Venue ordinance to allow venues on RR — Rural Residential properties 10 acres in size or greater, to
increase the number of allowed venues to 4 per week,to require the owner/operator or responsible designee
to be on the premises for the duration of each event, and exempting venue facilities from the surfacing and
curbing requirements of City Code Section 154.210
Staff and the Planning Commission recommend the City Council approved the ordinance amendment with
the following motion:
""Move to approval of Ordinance 08_ amending the Lake Elmo Code of Ordinances,Section 154.310,
Subd. D, changing the minimum criteria to sites ten acres or greater,limiting ceremonies to no more
than 4 per week and no more than 3 per day, requiring the operator or responsible designee(a family
member, employee or responsible designee of at least 21 years of age)to be on the premises for the
duration of each event, exempting commercial wedding ceremony venues from the commercial
surfacing and curbing requirements of City Code Section 154.210."
BACKGROUND AND STAFF REPORT:
The applicant is proposing an amendment to the Commercial Wedding Ceremony Venue ordinance in order
to correct a perceived text error in the code, to increase the revenue potential to facilitate the restoration of
a historic barn, to minimize an operational constraint,and to clarify parking and curbing requirements.The
current ordinance restricts commercial wedding ceremony venues to parcels greater than ten acres, where
it was generally understood that parcels of 10 acres and greater would qualify. The applicant believes the
requirement that the owner/operator be on the premises for the duration of each event is impractical.Venues
are often scheduled years in advance, and family emergencies or other conflicts with scheduled venues
cannot be predicted. Therefore, operationally, it makes sense to allow a responsible designee to be on the
premises when the owner/operator cannot be present. The applicant is investing significant monies to
restore the historic barn to give it an economic purpose which would otherwise would likely fall into
disrepair and be removed from the landscape.The restoration and repurposing of the barn is consistent with
the City's Comprehensive Plan and the purpose the Commercial Wedding Ceremony Venue ordinance.To
facilitate the restoration of the barn and to make it economically tenable, the request to increase the number
of allowed ceremonies from 2 to 4 per week is reasonable. Lastly,the intent of the ordinance is to preserve
the rural character. The principal use of the property is residential with a commercial accessory use. The
City code for commercial properties requires paving and curbing, which conflict with the intent of the
ordinance and the applicant's desire to preserve the rural character. For this reason, it may be reasonable
to exempt commercial wedding ceremony venues from the commercial parking and curbing requirements.
Public Hearing. A public hearing was held at the Planning Commission on February 8,2016. At the
public hearing one resident spoke against the amendment and one for it.
Planning Commission Review.The Planning Commission was in support of the ordinance amendment,
with the following changes.The Planning Commission wanted to clarify the meaning of responsible
designee The Commission was also concerned about the increase in the number of venues and the impact
on neighboring residences. They agreed to the increase to a maximum of four venues per week,but no
more than 3 per day.
Staff has not had adequate time to prepare minutes for the February 8, 2016 Planning Commission,
therefore,the ordinance amendment is based on Staff's notes, but not the exact Planning Commission
recommended zoning text amendment language.
RECOMMENDATION:
Staff and the Planning Commission recommend the City Council approved the ordinance amendment with
the following motion:
""Move to approval of Ordinance 08= amending the Lake Elmo Code of Ordinances,Section 154.310,
Subd. D, changing the minimum criteria to sites ten acres or greater,limiting ceremonies to no more
than 4 per week and no more than 3 per day, requiring the operator or responsible designee(a family
member, employee or responsible designee of at least 21 years of age)to be on the premises for the
duration of each event, exempting commercial wedding ceremony venues from the commercial
surfacing and curbing requirements of City Code Section 154.210."
ATTACHMENT(S):
Ordinance Amendment 08-_pertaining to Commercial Wedding Ceremony Venues
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES PERTAINING
TO COMMERCIAL WEDDING CEREMONY VENUES
SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Title XV:
Land Usage; S 154.310, Subd. D is hereby amended by adding the following:
D. Commercial Wedding Ceremony Venue. A commercial wedding venue is allowed as an
accessory use with an interim use permit in the A—Agriculture, RT—Rural Transitional,
and RR-Rural Residential zoning districts on parcels 10 acres in size or greater than 10
Sze. The establishment of a Commercial Wedding Venue on RR parcels is
limited to those sites meeting the following criteria: 1) the site has historically been used
as a farmstead for the surrounding agricultural land; and 2) the use will incorporate a barn
or other historical agricultural building over 75 years of age for the wedding ceremonies.
The suitability of a parcel for a wedding venue shall be determined by the characteristics
of the site and by the unique capacity of the parcel to accommodate the use while
preserving the essential rural character of the neighborhood and the site on which the use
is located, by the ability of the parcel to accommodate the use without negative impact on
the general health, safety, and welfare of the community, and by other factors the City
may deem appropriate for consideration. The use must adhere to the following standards:
1. Ownership. The property will be the primary residence of the venue operator(s).
The operator or responsible designee who is at least 21 years of age and a family
member, or employee must be on the premises for the duration of each event.
2. Maximum Number of Guests. The maximum number of guests is limited to 200
for each event.
3. Food and Beverages. The serving of food and beverages is permitted only as part
of the ceremony.
4. Seasonal Operation. Ceremonies are limited to no more than twice per four per
week and three per day, and are permitted only during the months of May through
October.
5. Hours of Operation. Events shall only be allowed between the hours of 10:00 a.m.
and 10:00 p.m. All guests and staff must vacate the premises by 10:00 p.m. All
lights associated with the event must be turned off by 10:00 p.m. Any one
ceremony is limited to a maximum duration of three (3) hours.
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6. Overnight Accommodations. No overnight accommodations are allowed.
7. Of Parking. Off-street parking shall be required in the ratio of one (1)
parking space for each three attendees based on the maximum number of attendees
planned for the site. The off-street parking area and the number of parking spaces
shall be documented on the required site plan. Off-street parking shall be exempt
from the paving and curbing requirements in Section 154.210.
S. Setbacks. The minimum setbacks from neighboring houses and property lines for
the various activities associated with the wedding venue shall be as follows:
i. Parking: 100 feet from residential property lines; 200 feet from
neighboring houses.
ii. Outdoor Activity Spaces: 300 feet from residential property lines; 400 feet
from neighboring houses.
iii. Indoor Activity Spaces: 300 feet from residential property lines; 400 feet
from neighboring houses.
9. Landscaping/Screening. Landscaping may be required to buffer the use from
adjacent land uses and to provide screening when such screening does not
presently exist on the site. A landscape plan shall be submitted at the time of
application for an Interim Use Permit.
10. Grading. Any proposed grading shall observe all requirements of Section 151.017
of the City Code. If a grading plan is required, it shall be submitted in conjunction
with an application for an Interim Use Permit.
11. Traffic. A transportation management plan shall be submitted as part of an
application for an Interim Use Permit. The plan shall address traffic control,
including traffic movement to the public street system and impact on the
surrounding roadways.
12. Structures. All existing or proposed structures to be used for the wedding
ceremony venue shall be inspected by the City's Building Official and must meet
applicable Building Code requirements.
i. Temporary Structures. Temporary Structures, including tents and
canopies, may be allowed. Tents and canopies may be erected no more
than (1) day prior to an event and must be removed no more than 72 hours
following the event.
13. Application. An application for a commercial wedding venue shall follow the
application and review procedures for an Interim Use Permit as specified in
Section 154.107. In addition to the submission requirements of Section 154.107,
an application for a commercial wedding venue shall include the following
information:
i. The expected number of attendees per ceremony;
ii. The number of ceremonies per year;
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iii. The number of employees;
iv. The hours of operation;
v. Sanitary facilities;
vi. Lighting;
vii. Sound amplification to be used and a plan to minimize any amplified
sounds;
viii. Temporary structures or tents to be used in association with the planned
events;
ix. Signage;
x. Security to be provided;
xi. Location of all trash receptacles;
xii. Traffic management plan;
xiii. Other documentation as specified herein;
14.Sanitary Facilities. Sanitary facilities adequate for the number of attendees shall
be provided. 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.
15.Lighting. Lighting associated with the wedding venue shall be limited to downcast
and shielded fixtures so that the source of the light is not visible from adjacent
roads or neighboring properties. Lighting shall comply with Section 150.035 of
the City Code.
16.Noise. All wedding venues shall comply with City's noise standards found in
Section 130.45 through 130.48 of the City Code.
17. Sound Amplification. Amplification of music and participants and is allowed only
in conjunction with a wedding ceremony. There shall be no other amplification of
music or sound outside of the ceremony.
18. Waste. All solid waste must be stored in a manner that prevents the propagation,
harborage, or attraction of flies, rodents, or other nuisance conditions and must be
removed at Ieast once every seven days by a licensed solid waste hauler.
19. Liability. The applicant shall secure adequate liability coverage, which shall be in
place at least one week prior to any event.
20. Other Activities. Other than the commercial wedding ceremonies authorized under
this section,no other commercial ceremonial activities may be conducted on the
site.
(Ord. 08-080,passed 5-21-2013)
(Ord. 08-107,passed 5-6-2014)
3
SECTION 2. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance 08-_ was adopted on this _ day of
2016, by a vote of Ayes and Nays.
LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
ATTEST:
Julie Johnson, City Clerk
This Ordinance 08-_ was published on the day of , 2016.
4
THE CITY OF PLANNING COMMISSION
LAKE ELMO DATE: 02/08/2016
AGENDA ITEM: _—PUBLIC HEARING
CASE#2015-39
City of Lake Elmo Planning Department
Ordinance Amendment— Commercial Wedding Ceremony Venues
To: Planning Commission
From: Stephen Wensman, City Planner
Meeting Date: February 8, 2016
Applicant: Danielle Hecker and Carol Palmquist
Summary and Action Requested
Request. The applicants are requesting an amendment to the Commercial Wedding Venue
Ordinance. Staff recommends that the PIanning Commission recommend approval of
Ordinance 08-—
with the following motion:
"Move to recommend approval of Ordinance 97_ amending the Lake Elmo Code
of Ordinances, Section 154.310, Subd. D, limiting ceremonies to no more than 4
per week, requiring the operator or responsible designee to be on the premises for
the duration of each event, exempting commercial wedding ceremony venues from
the commercial surfacing and curbing requirements, and changing the minimum
criteria to sites ten acres or greater".
Application The City of Lake Elmo adopted the Commercial Wedding Ceremony Venue ordinance
Summary: on May 6,2014. Since the adoption of the ordinance,both applicants have been planning
for their venue facilities. Ms. Hecker's plans include the restoration and reuse of a
historic barn located on her property. The costs of renovation have proven to be
exceedingly expensive,and in particular,the building code will likely require sprinkling
of the barn among other unanticipated improvements. Because of the increasing costs,
it has become necessary for the applicant to request additional number of allowed
venues per week from 2 to 4. This change will allow the applicant to obtain the needed
financing to proceed with the barn restoration.
Both applicants are also requesting that the ordinance also be amended such that the
operator (property owner), or their responsible designee, be on the premises for the
duration of each event. The applicants both feel that the current requirement requiring
the operator be on site during all venues is too restrictive and does not take into
consideration cases of emergency or other incidental occurrences when the operator
cannot be on the premises. Both contend the properties are their primary residences and
they have a strong interest in the operations being peaceful and compliant with city
regulations.
PUBLIC HEARING ITEM —ACTION ITEM
z
The third requested change is to exempt commercial wedding ceremony venues Fro-
the commercial parking code requirements for durable paving and curbing. The inter.
of the ordinance is to preserve rural character, and the commercial parking and curbing
requirements are contradictory.
The last request is to amend the ordinance to allow the use on ten acres or greater. Staff
believes the ordinance as written was a typo and it was not intended to exclude ten acre
parcels.
Analysis: The intent of the ordinance is to preserve rural character and to reuse of historic barns
fits this intent. This is a lofty goal considering the expense to restore and maintain
barns. If a barn cannot be put to financial use, then it is likely older barns will be left
to fall into disrepair and will ultimately be removed. The applicant's request is
justified if the City wants to support the proposed use and to require reuse of historic
barns. The Commercial Wedding Ceremony Venue provides the opportunity for
business minded residents to restore and reuse their barns and to utilize and celebrate
the unique rural character in Lake Elmo.
The request that owner/operators be able to designate a responsible designee in the
event they cannot be on the premise also appears to be a reasonable request. The
venue facilities are accessory to their residences and it is in their own best interest to
have the guests respect the property, neighbors and city ordinances.
The request to exempt the use from the commercial parking requirements are also
justifiable if the city wants to preserve the rural character, however the city will neec
to weigh this request against concerns for public safety.
The request to allow the use on sites ten acres or greater is justifiable, because Staff
believes the current language is a typographical error in that the ordinance was meant
to exclude ten acre parcels.
Attachments: Draft- Ordinance Amendment No. 08-
Recommendation:
Staff recommends that the Planning Commission recommend approval of Ordinance
no. 08-_with the following motion:
"Move to recommend approval of Ordinance 97- amending the Lake Elmo
Code of Ordinances, Section 154.310, Subd. D, limiting ceremonies to no more
than 4 per week, requiring the operator or responsible designee to be on the
premises for the duration of each event, exempting commercial wedding
ceremony venues from the commercial surfacing and curbing requirements, and
changing the minimum criteria to sites ten acres or greater".
PUBLIC HEARING ITEM —ACTION ITEM
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES PERTAINING
TO COMMERCIAL WEDDING CEREMONY VENUES
SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Title XV:
Land Usage; § 154.310, Subd. D is hereby amended by adding the following:
D. Commercial Wedding Ceremony Venue. A commercial wedding venue is allowed as an
accessory use with an interim use permit in the A—Agriculture, RT—Rural Transitional,
and RR-Rural Residential zoning districts on parcels 10 acres in size or greater than-10
aer-e-Siffl, Hize. The establishment of a Commercial Wedding Venue on RR parcels is
limited to those sites meeting the following criteria: 1) the site has historically been used
as a farmstead for the surrounding agricultural land; and 2) the use will incorporate a barn
or other historical agricultural building over 75 years of age for the wedding ceremonies.
The suitability of a parcel for a wedding venue shall be determined by the characteristics
of the site and by the unique capacity of the parcel to accommodate the use while
preserving the essential rural character of the neighborhood and the site on which the use
is located, by the ability of the parcel to accommodate the use without negative impact on
the general health, safety, and welfare of the community, and by other factors the City
may deem appropriate for consideration. The use must adhere to the following standards:
1. Ownership. The property will be the primary residence of the venue operator(s).
The operator or responsible designee must be on the premises for the duration of
each event.
2. Maximum Number of Guests. The maximum number of guests is limited to 200
for each event.
3. Food and Beverages. The serving of food and beverages is permitted only as part
of the ceremony.
4. Seasonal Operation. Ceremonies are limited to no more than twie-e pe four per
week and are permitted only during the months of May through October.
5. Hours of Operation. Events shall only be allowed between the hours of 10:00 a.m.
and 10:00 p.m. All guests and staff must vacate the premises by 10:00 p.m. All
lights associated with the event must be turned off by 10:00 p.m. Any one
ceremony is limited to a maximum duration of three (3) hours.
6. Overnight Accommodations. No overnight accommodations are allowed.
1
7. Off-Street Parking. Off-street parking shall be required in the ratio of one (1)
parking space for each three attendees based on the maximum number of attendees
planned for the site. The off-street parking area and the number of parking spaces
shall be documented on the required site plan. Off-street parking shall be exempt
from the paving and curbing requirements in Section 154.210.
8. Setbacks. The minimum setbacks from neighboring houses and property lines for
the various activities associated with the wedding venue shall be as follows:
i. Parking: 100 feet from residential property lines; 200 feet from
neighboring houses.
ii. Outdoor Activity Spaces: 300 feet from residential property lines; 400 feet
from neighboring houses.
iii. Indoor Activity Spaces: 300 feet from residential property lines; 400 feet
from neighboring houses.
9. Landscaping/Screening. Landscaping may be required to buffer the use from
adjacent land uses and to provide screening when such screening does not
presently exist on the site. A landscape plan shall be submitted at the time of
application for an Interim Use Permit.
10. Grading. Any proposed grading shall observe all requirements of Section 151.017
of the City Code. If a grading plan is required, it shall be submitted in conjunction
with an application for an Interim Use Permit.
11. Traffic. A transportation management plan shall be submitted as part of an
application for an Interim Use Permit. The plan shall address traffic control,
including traffic movement to the public street system and impact on the
surrounding roadways.
12. Structures. All existing or proposed structures to be used for the wedding
ceremony venue shall be inspected by the City's Building Official and must meet
applicable Building Code requirements.
i. Temporary Structures. Temporary Structures, including tents and
canopies, may be allowed. Tents and canopies may be erected no more
than (1) day prior to an event and must be removed no more than 72 hours
following the event.
13. Application. An application for a commercial wedding venue shall follow the
application and review procedures for an Interim Use Permit as specified in
Section 154.107. In addition to the submission requirements of Section 154.107,
an application for a commercial wedding venue shall include the following
information:
i. The expected number of attendees per ceremony;
ii. The number of ceremonies per year;
iii. The number of employees;
2
iv. The hours of operation;
v. Sanitary facilities;
vi. Lighting;
vii. Sound amplification to be used and a plan to minimize any amplified
sounds;
viii. Temporary structures or tents to be used in association with the planned
events;
ix. Signage;
x. Security to be provided;
xi. Location of all trash receptacles;
xii. Traffic management plan;
xiii. Other documentation as specified herein;
14. Sanitary Facilities. Sanitary facilities adequate for the number of attendees shall
be provided. 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.
15. Lighting. Lighting associated with the wedding venue shall be limited to downcast
and shielded fixtures so that the source of the light is not visible from adjacent
roads or neighboring properties. Lighting shall comply with Section 150.035 of
the City Code.
16. Noise. All wedding venues shall comply with City's noise standards found in
Section 130.45 through 130.48 of the City Code.
17. Sound Amplification. Amplification of music and participants and is allowed only
in conjunction with a wedding ceremony. There shall be no other amplification of
music or sound outside of the ceremony.
18. Waste. All solid waste must be stored in a manner that prevents the propagation,
harborage, or attraction of flies, rodents, or other nuisance conditions and must be
removed at least once every seven days by a licensed solid waste hauler.
19. Liability. The applicant shall secure adequate liability coverage, which shall be in
place at least one week prior to any event.
20. Other Activities. Other than the commercial wedding ceremonies authorized under
this section, no other commercial ceremonial activities may be conducted on the
site.
(Ord. 08-080, passed 5-21-2013)
(Ord. 08-107, passed 5-6-2014)
3
SECTION 2. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance 08-_ was adopted on this _ day of
2016, by a vote of _ Ayes and _ Nays.
LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
ATTEST:
Julie Johnson, City Clerk
This Ordinance 08-_ was published on the day of 12016.
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