HomeMy WebLinkAbout5 - Item 4C Palmquist IUPRIF. (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
': .
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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
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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
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