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HomeMy WebLinkAbout#10 Palmquist IUPT|IF, (Arr, ')r LAKE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: 3/1/2010 REGULAR ITEM #: MOTION Interim Use Permit for u Commercial Wedding Ceremony Venue Stephen Wcosmom'Planning Director Clark Schroeder Clark Schroeder SUGGESTED ORDER OF BUSINESS: - Introduction o[bon-----.—.--------.---.----'—.......... ---'... Staff - Report/Presentation ...... ................ ---........ ...... ----------------Staff ' Questions from Council UoStaff ......... ------........ —............ ........ k�avorFacilitates - Public Input, ifAppropriate. ---------------------.MuyorFuciUtatey - Call for Motion ...................... .... ... .... --- .......... —........... Mayor & City Council - Discuomion.......... --- ................................................ -------Mayor JkCity Council - Action oil Motion .................. ..................... .................. --....... ...... Mayor Facilitates SUMMARY AND ACTION REQUESTED: Carol Palm quim|isrequesting, appropu|ofa 10-yeurinicrim Use Pcnnilooestablish uCoin meroiu| Wedding Ceremony Venue to be located at |2202 55' ' SurotN. Staff and the Planning Commission recommend approval a 5-year hiterim Use Permit with conditions with the following motion: "Move to approve Resolution 2016-13 granting a 5-year Interim Use Permit for a Commercial Wedding Ceremony Venue with l3unuditkomo". BACKGROUND AND STAFF REPORT: Carol 9dooquiyi is requesting approval of |0'veur Interim Use Permit to establish Commercial Wedding Ceremony Venue on her residential propoily located at 12202 55th Street N. On February 16. 2016, lhr City Council approved all amendment tothe Commercial Wedding Ceremony Venue ordinance ioallowed the venues as an accessory use with an interim use pen -nit in the /\ —Agricu|tum. RT— Rom| Transitional, and RR -Rural Residential zoning districts no puoc\o lO ucnco in size or greater, iuurooxcd the o|iowod oumberofvenues tonomore than four per week-, no more than 2 per day.. requires an operator or responsible designee heoil the premises for the duration ofeach event' and exempts applicants from the commercial parking and curbing requirements of Section 154210. On February 22, 2016, d/c Planning Commission held u public hearing. At the public hearing, three residents spoke on the item. One spoke in favor of the item and the two c«bem expressed cmoccomx about uoiyc' environmental concerns, and the city`x pour maintenance of the road. Of those that spoke, none were opposed to the proposal.The Planning Commission vehicle access requirements. The Planning Commission recommended approval of a 5-year interim Use Permit with 13 conditions. CONDITIONS OF APPROVAL: On February 22, 2016, City Staff had presented 10 conditions of approval in the Staff report. The Planning Commission amended conditions 2 and 6, and added three additional conditions (underlined). The recommended conditions of approval are: 1) That a parking attendant be on site to assist with cars arriving and exiting the site for each wedding ceremony event. 2) That the access driveway be 18' wide and designed to a 7 ton standard to accommodate emergency service vehicles to the northerly extent of the parking area, or that the access driveway be 18' wide, designed to the 7 ton standard to the edge of the field and that the adiacent private drive remain clear during venues for emergency service vehicles. 3) That accessible parking be provided and signed as handicapped parking with an accessible path connecting the sanitary facilities and the public assembly area. 4) That the applicant maintains compliance with all applicable City Code standards for the duration of the interim use. 5) That the applicant enters into a consent agreement with the City in accordance with Section 154.107 of the City Code. 6) That the interim use is valid for a period often five years and must be renewed by the City Council prior to the end of this time period in order to continue operating from the site. 7) The applicant/owner shall comply with Minnesota 1300.0190 for temporary structures and uses. Building permit and inspection will be required. • Temporary structure installer is required to submit a complete plan from the manufacture for installation including tie down instructions that conform to the 90 MPII wind loading in the Minnesota State Building Code. 8) Applicant must comply with all applicable requirements of the MN State Fire Code: • Chapter 24, "Tents, Canopies and other Membrane Structures of the 2007 Minnesota Fire Code. • Section 503, "fire Apparatus Access Roads", of the 2007 Fire Code. • Section 906, "Portable Fire Extinguishers", of the 2007 Fire Code. 9) That the applicant/owner maintain a contract to supply and maintain (4) temporary sanitary facilities while in operation and that at least one temporary sanitary facility he handicapped accessible and placed on an accessible route. 10) Any Portable power/ generators/ Heaters or other like equipment shall be placed/installed in accordance with the manufacture installation instructions and the applicable codes. 11) Applicant enter into a maintenance agreement with the City to maintain 55th Street west of Marquess Trail to the applicant's field road through the term of the Interim Use Permit 12) Submit an erosion control plan with any extension of the gravel entrance road. 13) Submit the results of an instrumented measurement of sound at the east and west property lines at the weddingceremony site to demonstrate compliance with the Citv's noise ordinance. REOUIRED FINDINGS: An interim use permit may be granted only if the City Council finds as follows: 1. The use is allowed as an interim use in the respective zoning district and conforms to standard zoning regulations. 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. 3. The use will not adversely impact implementation of the Comprehensive Plan. 4. The user agrees to all conditions that the City Council deems appropriate to establish the interim use. This may include the requirement of appropriate financial surety such as a letter of credit or other security acceptable to the City to cover the cost of removing the interim use and any interim structures not currently existing on the site, upon the expiration of the interim use permit. 5. There are no delinquent property taxes, special assessments, interest, or city utility fees due upon the subject parcel. 6. The date or event terminating the interim use shall be set by the City Council at the time of approval. Staff and the Planning Commission believe the application meets each of the above listed findings. RECOMMENDATION: Staff and the Planning Commission recommend approval a 5-year Interim Use Permit with conditions with the following motion: "Move to approve Resolution 2016-13 granting a 5-year Interim Use Permit for a Commercial Wedding Ceremony Venue with 13 conditions". ATTACHMENT(S): • Commercial Wedding Ceremony Venue Ordinance • 2/22/16 Planning Commission Minutes CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-13 A RESOLUTION APPROVING AN INTERIM USE PERMIT FOR CAROL PALMQUIST TO ESTABLISH A COMMERCIAL WEDDING CEREMONY VENUE AT 12202 55111 STREET N. WHEREAS, the City of Lake Elmo has approved a Commercial Wedding Ceremony Venue ordinance on 2/21/13; and WHEREAS, the Commercial Wedding Ceremony Venue ordinance was amended on 5/6/14, and on 3/19/16; and WHEREAS, the applicant, Carol Palmquist, residing at 12202 55th Street N, applied for an Interim Use Permit to establish a Commercial Wedding Ceremony Venue as an accessory use on her property; and WHEREAS, the Planning Commission held a public hearing on February 22, 2016; and WHEREAS, the Planning Commission found the proposed Interim Use adequately conforms to the following findings of fact: 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. 3) "fhe use will not adversely impact implementation of the Comprehensive Plan. 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. 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. 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. 7) There are no delinquent property taxes, special assessments, interest, or city utility fees due upon the subject parcel; and Resolution 2016-13 WHEREAS, on February 22, 2016, the Planning Commission recommended the City Council approve the interim Use Permit with 13 conditions; and NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the five year Interim Use Permit to establish a Commercial Wedding Ceremony Venue at 12202 55th Street N with the following conditions: 1) That a parking attendant be on site to assist with cars arriving and exiting the site for each wedding ceremony event. 2) That the access driveway be 18' wide and designed to a 7 ton standard to accommodate emergency service vehicles to the northerly extent of the parking area, or that the access driveway be 18' wide, designed to the 7 ton standard to the edge of the field and that the adjacent private drive remain clear during venues for emergency service vehicles. 3) That accessible parking be provided and signed as handicapped parking with an accessible path connecting the sanitary facilities and the public assembly area. 4) That the applicant maintains compliance with all applicable City Code standards for the duration of the interim use. 5) That the applicant enters into a consent agreement with the City in accordance with Section 154.107 of the City Code. 6) That the interim use is valid for a period of t-eii five years and must be renewed by the City Council prior to the end of this time period in order to continue operating from thc site. 7) The applicant/owner shall comply with Minnesota 1300.0190 for temporary structures and uses. Building permit and inspection will be required. • Temporary structure installer is required to submit a complete plan from the manufacture for installation including tie down instructions that conform to the 90 MPH wind loading in the Minnesota State Building Code. 8) Applicant must comply with all applicable requirements of the MN State Fire Code: • Chapter 24, ''Tents, Canopies and other Membrane Structures of the 2007 Minnesota Fire Code. • Section 503, "fire Apparatus Access Roads", of the 2007 Fire Code. • Section 906, "Portable Fire Extinguishers", of the 2007 Fire Code. 9) That the applicant/owner maintain a contract to supply and maintain (4) temporary sanitary facilities while in operation and that at least one temporary sanitary facility be handicapped accessible and placed on an accessible route. 10) Any Portable power/ generators/ Heaters or other like equipment shall be placed/installed in accordance with the manufacture installation instructions and the applicable codes. 11) Applicant enter into a maintenance agreement with the City to maintain 55th Street west of Marquess Trail to the applicant's field road through the term of the Interim Use Permit Resolution 2016-13 12) Submit an erosion control plan with any extension of the gravel entrance road. 13) Submit the results of an instrumented measurement of sound at the east and west property lines at the wedding ceremony site to demonstrate compliance with the City's noise ordinance. This resolution was adopted by the City Council of the City of Lake Elmo on this _ day of 2016. Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk Resolution 2016-13 lAKPEPMH City ofLake Elmo Planning Commission Meeting Minutes wfFebruary 22,2Q16 Chairman Kreinnercalled tnorder the meeting o[the Lake Elmo Planning Commission at 7.UOp.rn. COMMISSIONERS PRESENT: Haggard, Kreimer, Dunn, Larson, Griffin, Lundquist and COMMISSIONERS ABSENT, Fields & Dodson STAFF PRESENT: Planning Director Wensman Approve Agenda: The agenda was accepted asamended. Approve Minutes: January 11,ZOI6 M/S/P: Williams/Kreimer move to postpone consideration of the January 11, 2016 minutes until clarification of the vote on the November 23, 2015 minutes is brought forward, Vote: 7-0, motion carried unanimously. Public Hearing Interim Use Permit Application — Commercial Wedding Ceremony. Wensman started his presentation regarding the Palmquist Commercial Wedding Ceremony Venue. This request isfor a1Oyear interim use permit onanagricultural property atl32OZ55/» 5treetN. The applicant isrequesting wedding ceremonies adjacent tothe vineyard with turf parking. There would be3'4employees and upto 200guests. There would beupto4events per week from May — October, with nomore than 3venues Vnany Saturday. Hours would be1Oann-1Opm. The noise ordinance would becomplied with and there would be a traffic attendant during venues. There will betrash receptacles and temporary tents that comply with code. Access from the site would be of m of Street. 5511 street becomes a gravel drive after Carriage Station. The engineer is concerned about long term maintenance. There are a couple of options l\there could be a maintenance agreement or Z) they could require a paved cu|-de'sacand assess the improvements. All activiteswill betaking place inan open field. There is no structure being used in this case, however, there would need to be restroonl facilities. Staff is recommending approval with 12 conditions. Lake Elmo Planning Commission Minutes; 3-22'I6 Z Williams asked about the tent. The ordinance states that it has to betaken down within 7Ihours ufthe event. Based Vnthe comment of the Building Official, will they need a permit each time a tent is put up. Wensman stated that yes they would. Dunn asked about the storm water management plan. VVensnnanstated that the City is requiring upgrades t0the driveway for safety purposes. Williams asked ifthere isaturn around. VVensrnan stated that there is not a structure and it is not as difficult of an entry. [aro|Pa|nnquist, 1220255/h Street, |sthe applicant and stated that she has maintained the gravel road. She isnot prepared topay the assessment for apaved road oracu|-de- sac. %neirnerasked why she isasking for lOyears for the |UP. Palnoquist stated that she is asking for 1Oyears asshe has additional expense toget the business off the ground. Griffin asked about the field road, She iswondering how far itwill gointo the property and how wide itwill be. Public Hearing opened at7:3Bpm. [hip Longacre, 12058 55.n3treet N, is dismayed that it is being made so difficult for Ms. Pa|rnquist to make a little money from her property. The City has done o poor job of maintaining the gravel road in front of property. Carolyn Cary, 5201 Linden Ave, wants the City to understand how to abate the noise. There are anumber ofenvironmental issues that have animpact. Donna Sloan, 12208 Marquess Lane, she does not have a problem with this venue as long asitcomplies with the sound, traffic, and other issues, She would like toknow what happens ifit does not comply. Wensman stated that if there is a problem, the City woud contact Ms. Palmquist to bring itinto compliance. |fthere isachronic problem, staff would document that and take appropriate steps to revoke the permit. There were no electronic or written comments. Public Hearing closed at7:49pm. Dunn does not think that the paved 7 ton road is necessary as her driveway is paved. She would like to see condition #2 removed. She is in support of this application. Lake Elmo Planning Commission Minutes; 2-22'I0 Lundquist isconcerned about the road and the path. She thinks there should bea condition that rectifies the problem. She isconcerned that people coming tuthis venue will come upManning. Haggard wants to make sure that the street is safe and maintained. As far as the financial aspect, that isfor the Council todecide. She isinsupport mfthis application. She would like tosee number 4include "responsible designee" Williams isconcerned about #6 stating for IOyears. He does not think the expenses mentioned relate tothe length ofthe permit, He would like tosee itbe5years which would give the City the opportunity to review the wedding venue. Williams thinks there needs tobe amaintenance agreement, but what that is, isVpto the City Council. Hewould also like toadd acondition that the applicant submit a report regarding the noise levels. Williams would like to see condition #2 remain as the applicant does not intend to use her primary driveway for the venue. Lundquist stated that driving afire truck oranemergency vehicle onogravel driveway orfield, i3no different than driving onthem atthe county fair grounds. Williams thinks that since this is a oonn[n2rcia/ application, we should stick to the commercial standards. Griffin thinks itmakes more sense touse the homeowner driveway for emergency access and then use agate tothe venue, Wensman stated that he would be comfortable with the field road entrance at 18' wide and designed to a 7 ton standard and that the regular driveway be for emergency access and that the main driveway remain clear during all events. The Commission would like Chief Malmquist to look at the driveway prior to this going tothe City Council. Move to amend condition #2 to read that the access road be 18 feet wide and be to a 7 ton standard to accommodate emergency vehicles to the northernly area of the parking area orthat the private drive remain dear during the venue, Vote/ 7'0, motiov, carried, Move to amend condition #6 to read "The interim use is valid for a period of five years and must be renewed by the City Council prior to the end of this time period in order to continue operating from the site", Vote: 7-0, motion carried, unanimously. Lake Elmo Planning Commission Minutes; 2-22'16 4 Move toadd condition number 11that would be to enter into amaintenance agreement with the City regarding the maintenance of the road only through the term of the interim use, Vote: 7-0 motion carried, unanimously. Move toadd condition number l2L10require anerosion control plan with any extension of the gravel entrance road, Vote: 7-0, motion carried unanimously. Move to add a condition 13 that the applicant is required to submit the results of an instunnented measurement of sound at the east and west property lines at the wedding ceremony site to demonstrate compliance with the City's noise ordinance, vote/J-0, motion carried unanimously. M/S/P: Williams/Griffin, move to recommend approval of the Interim Use Permit for a commercial wedding venue based onthe finding offacts inthe staff report and with the 13 conditions of approval as discussed, Vote; 7-0, motion carried unanimously. Public Hearing — Open Space Development — Legends of Lake Elmo Wensman started his presentation by showing the location of this development and presenting some of the background information from previous meetings. With the current plan, there are4O lots and there are 5 out|otsthat are platted as ghost lots. These are held in reserve in case of ordinance change and will be held in reserve for future development. Staff is recommending that the 5 out|ots be platted as one out|ot asvvedonot know what will happen inthe future and they will need to berep|atted anyway. A big discussion is the interconnectivbvVfneighborhoods for safety. Currently Sanctuary only has one access. The future ofsigna|izationat5OmStreet and Manning is dependent onconnectivity nfneighborhoods, The County has made itclear that ifthe City does not have interconnected neighborhoods, they will not invest in signalization. There was anew plan for the development submitted today that )sinrepnnseto negotioationsvvith the Heckers. Nothing has been finalized, asthose negotiations are ongoing. Those negotiations include agreeing toscreening tothe north ofthe Hecker property and access management on50m Street for driveway access tothe Legends entrance. There i»nopark shown nnthis plan toconnect tothe Sanctuary Park a\the slopes are high. There are 5standards for open space inthis type ofdevelopment. There should be conservation easements, contiguous parcels not less than 10 acres (60% must meet this standard), maintained for the purposes for which it is set aside, maintained bythe HOAand contiguous with adjacent open space, Buffering isstill an issue tothe Hecker parcel. The road and ] parcels violate this setback, This |snot fully resolved with the Heckers. This can bewaived by4/5vote ofthe Council. Lake B|roo Planning Commission Minutes; 2-23'16 IF. (IF % ()F LAKE ELMO PLANNING COMMISSION DATE: 2/22/2016 AGENDA ITEM: 4C - PUBLIC HEARING CASE #2016-04 City of Lake Elmo Planning Department Interim Use Permit Request: Commercial Wedding Ceremony Venue To: Planning Commission From: Stephen Wensman, City Planner Meeting Date: February 22, 2016 Applicant: Carol Palmquist Owner: Carol Palmquist Zoning: A - Agriculture Suggested Order of Business Introduction ..... ........ ..... Planning Staff Report by Staff............. ..... ......... ..... Planning Staff Questions from the Commission. ....... Chair & Commission Members Open the Public Hearing Chair Continue the Public Hearing to the February 8, 2016 meeting date ...... ...... Chair Discussion by the Commission ............ ...... Chair & Commission Members Introductory Information Requested The applicant is requesting approval of a 10 year Interim Use Permit to establish a Permit: commercial wedding ceremony venue on an Agricultural property located at 12202 556 St. N. Application The requested interim use would allow a commercial wedding ceremony venue to be Summmy: established on a 10.26 acre agricultural property located at 12202 55th St. N with the PID: 06.029.20.23.0006 The application details include the following: PUBLIC HEARING ITEM 4a — ACTION ITEM 2 Type of business: Commercial wedding ceremony venue. On -Site Activity: wedding ceremonies in a vineyard with turf parking. Employees: 3-4 part time (estimated). Proposed number of guests: Up to 200. Use Frequency: 4 times per week, maximum. from May through October with a maximum 3 hour duration for any single ceremony. Hours of operation: 10 am — 10 pm. Attachments: Commercial Wedding Ceremony Venue Ordinance. Applications submittal: Written Statement, Proposal letter, Site Plan. Building Official Memo dated 2/3/16. Fire Chief Memo dated 2/3/16 Findings & Glneral Site Overview Site Data: Lot Size: 10.26 acres Existing Use: Residential/Agricultural Existing Zoning: Agricultural Properly Identification Number (PID): 06.029.20.23.0006 The proposed commercial wedding venue site is part of a 120 acre farm originally homesteaded by George Schindler. The site was farmed continuously until 1981 when it was subdivided and sold. In 1983, the Palmers purchased 10.26 acres of the farm, constructed a house and planted a small vineyard. Proposal The applicant is requesting a 10 year Interim Use Permit. Over the years, many people Review: have asked the Palmers to hold wedding events on their property. Carol Palmer was the inspiration for the Commercial Wedding Venue Ordinance. Minimum Criteria: Under the ordinance, commercial wedding ceremony venues are an interim accessory use in the Agriculture zoning district on parcels 10 acres and greater. The site has the capacity to accommodate the use without altering its rural characteristics and will not affect the health, safety and welfare of the community. The proposed ceremonies will be held adjacent to the vineyard in an open field with good drainage. The open field will also accommodate the proposed parking that has easy access off of 55ffi Street N. 5.5th Street North is only accessible from Manning Avenue, so the impact on local roads and neighbors is minimal. PUBLIC HEARING ITEM 4c — ACTION ITEM Adjacent Land Uses: The proposal is an agricultural property of 10.26 acres in size which is sunounded by residential homes on three sides and commercial on the east. To assist in the evaluation of the proposal, staff has provided the approximate distance between the proposed field area for the venue to adjacent residential homes. North: residential home approximately 800 ft. away. South: residential homes, nearest approximately 450 ft. away. West: residential home. approximately 500 ft. away. East: commercial businesses. Noise: The owner will comply with the City's noise ordinance. The applicant will be purchasing a sound system for the venue and has the ability to cap the sound level. The applicant will enforce noise restrictions with the contractual agreement with customers and through use of posted signs. An existing stand of 20-40 foot Norway Pine trees surrounding the property will also provide a natural sound barrier. Access/Traffic: The applicant proposes utilizing the existing gravel field entrance off of 55th Street N to access the venue. The proposed parking area is on the open grass field parallel to 551h Street. The proximity to 55th Street will provide adequate emergency vehicle access. City Staff recommends that the access from 551' Street be at least 18' wide and designed to a 7 ton standard to accommodate emergency service vehicles to northerly extent of the parking area. The applicant proposes to employ an attendant for each venue to direct traffic and to organize entering and exiting traffic. Temporary signs will also be used to guide traffic and to caution the 55th Street N trail users. 55111Street N is only accessible from Manning Avenue to the east, so there will be minimal impact on local streets or traffic. Parking: The performance standards for commercial wedding venues require parking to be 100' from residential property lines. The grass field parking easily meets this criterion. On February 16, 2016, the Commercial Wedding Ceremony Venue ordinance was amended exempting such venues from the commercial parking lot surfacing and curbing requirements. The turf parking complies with the code requirements. There are no accessible facilities proposed and none required by City Code. Sanitary Facilities: The applicant is proposing to use rented sanitation facilities (port -a -potties). According to Building Code, assembly for 200 guests would require 4 sanitary facilities of which one is required to be handicap accessible with an accessible path, Lighting: PUBLIC HEARING ITEM 4c - ACTION ITEM 4 No site lighting has been proposed, but the applicant has stated that they will comply with city lighting regulations. Buffering: An existing 20-40 foot stand ofNorway Pines surround field on the east and west sides buffering the use from adjacent residential properties. Temporary Tents: The applicant may utilize temporary tents with venues. The MN State Fire and Building Code have specific requirements for such structures. The City Fire Chief and Building Official have provided review comments (attached) which are recommended conditions of approval. Required Findings: In order for the City Council to approve the interim use permit, six findings must be met. Staff has listed each of the findings with comments in hold italics: 1) The use is allowed as an interim use in the respective zoning district and conforms to standard zoning regulations. In conformance with 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 dead- end street accessible from a Manning. The impact to the neighborhood vill be negligible. 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 approva(. 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. PUBLIC HEARING ITEM 4c - ACTION ITEM 5 7) There are no delinquent property taxes, special assessments, interest, or city utility fees due upon the subject parcel. ReCOMIllendation: Conditions: Based on a review of the applicable code sections, Staff is recommending that the Planning Commission recommend approval of the interim use permit based on the following: 1) That a parking attendant be on site to assist with cars arriving and exiting the site for each wedding ceremony event. 2) That the access driveway be 18' wide and designed to a 7 ton standard to accommodate emergency service vehicles to the northerly extent of the parking area. 3) That accessible parking be provided and signed as handicapped parking with an accessible path connecting the sanitary facilities and the public assembly area. 4) That the applicant maintains compliance with all applicable City Code standards for the duration of the interim use. 5) That the applicant enters into a consent agreement with the City in accordance with Section 154.107 of the City Code. 6) That the interim use is valid for a period of ten years and must be renewed by the City Council prior to the end of this time period in order to continue operating from the site. 7) The applicant/owner shall comply with Minnesota 1300.0190 for temporary structures and uses. Building permit and inspection will be required. Temporary structure installer is required to submit a complete plan from the manufacture for installation including tie down instructions that conform to the 90 MPH wind loading in the Minnesota State Building Code, 8) Applicant must comply with all applicable requirements of the MN State Fire Code: • Chapter 24, "Tents, Canopies and other Membrane Structures of the 2007 Minnesota Fire Code. • Section 503, "fire Apparatus Access Roads", of the 2007 Fire Code. • Section 906, "Portable Fire Extinguishers", of the 2007 Fire Code. 9) That the applicant/owner maintain a contract to supply and maintain (4) temporary sanitary facilities while in operation and that at least one temporary sanitary facility be handicapped accessible and placed on an accessible route. PUBLIC HEARING ITEM 4c - ACTION ITEM 6 Motion 10) Any Portable power/ generators/ Heaters or other like equipment shall be placed/installed in accordance with the manufacture installation instructions and the applicable codes. Staff recommends the Planning Commission recommend approval with the following motion: "Motion to recommend approval of the interim use permit or a commercial wedding ceremony venue to be located at 12205 551b Street North with 11 conditions". PUBLIC HEARING ITEM 4c — ACTION ITEM ': . |.\|`L|lU() � ~ - To-, Stephan VVensman,Planning Director From: Rick Chase, Building Official Date: 2/03/2016 Subject: Interim Use permit application (Wedding Ceremonies temporary structure) Applicant: Carol Pa|mquist Land Use Review comments request dated l/Z9/16 Cursory Review Scope: This review was completed with the following information food and alcohol not somed, temporary structure will he put in place each week an event is scheduled. l,Based onthe occupant load ofZ00the required portable sanitary facilities afour. The sanitary facilities are required to be placed an an accessible route and one is required to be handicap accessible. 2.Temporary Accessible parking and signageisrequired. 3, The permit applicant/owner is required to comply with Minnesota 1300-0190 for temporary structures and uses. Building permit and inspection will be required. (See Attachment) 4. The applicant owner 'is required to comply with egress requirements in accordance with the Minnesota State Building Code. 5� Portable power/ generators/ Heaters or other like equipment will be placed/installed in accordance with the manufacture installation instructions and the applicable codes. 6 Temporary structure installer is required to submit complete plan from the manufacture for installation including tie down instructions that conform to the 90 MPH wind loading in the Minnesota State Building Code, 7elck Chn- 06 546efy Station #1 3510 Laverne Ave. No. Lake Elmo, MN 55042 651-770-5006 LAKE E February 3, 2016 0 FIRE DEPARTMENT Station #2 4259 Jamaca Ave, No. Lake Elmo, MN. 55042 651-779-8882 Following is my review related to the: "INTERIM USE PERMIT APPLICATION: Carol Palmquist is requesting an Interim Use Permit to operate a commercial wedding ceremony venue at 11 202 55Street N." More specifically, items listed under "EVENT SPECIFfCATIONS": A. The number of guests vvould be set at a niaximum of 200 persons H. Temporary tents or canopies to be used in association with the events would be erected no more than one clay prior to the event and would he removed no more than 72 hours,following the event. L (*street parking plan 1,t/ill be indicated on Site Plan. Parking Plan will be incorporated within the client contractual agreement. COMMENTS: Applicant must be in compliance with Chapter 24, "TENTS, CANOPIES AND OTHER MEMBRANE STRUCTURES" of the 2007 MINNESOTA FIRE CODE Applicant must be in compliance with SECTION 503, "FIRE APPARATUS ACCESS ROADS" of the 2007 MINNESOTA FIRE CODE Applicant must be in compliance with SECTION 906, "PORTABLE FIRE EXTINGUISHERS" of the 2007 MINNESOTA FIRE CODE All applicable requirements of the MN State Fire Code. Applicant will be required to provide a submittal that addresses all code concerns related to the MN Fire Code. Sincerely, Greg Malmquist, Fire Chief "Proudly Serving Neighbors & Friends" I.U.P. I. Land Use Form: Complete 2. Written statements: a. Owner of Record Carol A. Palmquist 12702 55th Street North Lake Elmo Minnesota 55042 (651)439-0428 a. Surveyor: Barry Stack 9090 Fairy Falls Road Stillwater, Minnesota 55082 (651)439-5630 a. Designer: Carol Palmquist b. Address: 12202 55th Street North Lake Elmo, MN 55042 Zoned Agricultural 10.07 Acres, more or less PID: 06.029.20.23.0006 Legal Description: That Part of the SW1/4-1/4 DES AS FOLL COM @SW COR SD 14-14 THN NO1 c. History: Property was originally part of a 120A parcel homesteaded in 1854 by German immigrant, George Schindler and farmed by same. Schindler family offspring continued dairy and crop farming until 1964 when the Farm was sold. The agricultural tradition continued until 1981 when the Farm was divided and sold. The original homestead on 24 A, including the barn and granary continued to be used agriculturally. In 1983, 10.04 A more or less were split off the 24 A. I am the owner of the now 10.07 A more or less, on which, in 1989, 1 began planting grape vines. Both properties continue in the Agricultural tradition. d. Proposed Use: i. Proposal Letter: See Attachment 2.d.i ......ii. Consent Agreement: See Attachment 2.d e. Justification of Use: i. Ordinance No. 08-107. Commercial Wedding Ceremony Venues allowable in RT, A and RR ii. Precautionary measures to mitigate disturbance to neighboring property owners. 1. Noise a. Owner will purchase sound system for venue use. This enables the owner to control the volume and limit the sound decibel to 115dB. b. Owner will enforce noise regulation in the contractual agreement with the client. c. Owner has in place, mature 20-40' Norway pine trees surrounding venue area which act as a natural sound barrier. 2. Traffic: a. Owner will employ and staff a minimum of 1 attendant per each event to direct traffic. This will control and organize the flow of vehicles as they enter, park and exit the venue. b. Owner will post temporary signs indicating driveway, as well as signs to mitigate speed and encourage caution for pedestrians/pets on the Lake Elmo walking trail and to enforce noise regulation. 3. Unsightliness: a. Portable, rented sanitation facilities will be discreetly placed. b. The entire venue area will remain grass, including parking area. There will be no Blacktop, gravel or other impervious surfaces in the vineyard or field (venue area). iii. The use is compatible with the comprehensive plan and supports: 1. Preservation of rural lands 2. Enhancement of community's rural sense of place iv. Not applicable - Primary residence v. There are no delinquent property taxes, special assessments, interest, or City utility fees due. (see Washington County records). vi. Applicant is requesting Interim Use Permit expiration date of 2025. F'. Attachments: 1. Verification of ownership 2. Address labels 3. To -scale site plan 4. Proposal letter (2.d.i) 5. Consent Agreement (2.d.ii) CAROL PALMQUIST INTERIM USE PERMIT APPLICATION Event Site Plan •••ip • •••., •••• mom• ••00 •• • PM. • •••• • ••••• ...Or • *re ••• 411•0 • im • ;ow.. Mem* ft..* Ito ow LEGEND 1. Gate event access 20 ft 2. Parking area 1.65 A 3. Event area .47 A 4. Vineyard .75 A 5. Teahouse 64 sq ft (for grandchildren use) 6. Screen house 100 sq fl 7. Garden shed 150 sqft 8. Residence 1344 sq ft 9. Residence Driveway 734 ft length 10. Screening trees Ni.O'ivorktty 11. Screening trees/ Total Event Area 2.53 A Scale 1"=120' LEGEND MR PROTECTED WATERS DWI PROTECTED WETLAND DNA PROTECTED WATERCOURSE MUNICIPAL BOUNDARY PARK BOUNDARY CONTOUR LEGEND 10 FOOT INTERVAL CONTOUR 2 FOOT INTERVAL CONTOUR DEPRESSION DASHED CONTOURS INDICATE QUESTIONABLE ACCURACY DUE TO GROUND VEGETATION SPOT ELEVATION NORTH SCALE: 1 inch =120 feel SEGT1aN.TO Mt9NWfl+NGE INDEX 3602021 3103020 3203020 101102321IC:`,';,,:I I17.70702920 p;B029230