Loading...
HomeMy WebLinkAboutPZ Agenda Packet; 5-27-15 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3900 www.lakeelmo.org NOTICE OF MEETING The City of Lake Elmo Planning Commission will conduct a meeting on Wednesday, May 27, 2015 at 7:00 p.m. AGENDA 1. Pledge of Allegiance 2. Approve Agenda 3. Approve Minutes a. May 11, 2015 4. Public Hearing a. ZONING TEXT AMENDMENT – COMMERCIAL WEDDING CEREMONY VENUES IN THE RR ZONING DISTRICT. The Lake Elmo Planning Commission will be considering an application for a zoning text amendment to allow a use called “Commercial Wedding Ceremony Venue” as an Interim Use within the City’s Rural Residential Zoning district. The proposed amendment would also change the maximum number of guests allowed for each event from 150-200 guests. 5. Business Items a. 2015 SYSTEMS STATEMENT – GROWTH MANAGEMENT UPDATE. Staff will present a verbal update concerning the City’s 2015 Systems Statement and recent discussions with the City Council concerning the City’s growth staging plan. 6. Updates a. City Council Updates – May 19, 2015 Meeting i. United Land/Bremer Bank Minor Subdivision – passed. ii. Inwood Final Plat and Final PUD Plans – passed. iii. Inwood Developers Agreement – passed. b. Staff Updates i. Upcoming Meetings:  June 8, 2015  June 22, 2015 c. Commission Concerns 7. Adjourn Lake Elmo Planning Commission Minutes; 5-11-15 City of Lake Elmo Planning Commission Meeting Minutes of May 11, 2015 Chairman Dodson called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Dodson, Kreimer, Larson, Dorschner, Williams, and Griffin COMMISSIONERS ABSENT: Fields and Haggard STAFF PRESENT: City Planner Johnson Approve Agenda: The agenda was accepted as presented. Approve Minutes: April 27, 2015 M/S/P: Dodson/Kreimer, move to approve minutes as amended, Vote: 4-0, motion carried with Griffin and Williams not voting. Business Item: Bremer Bank – Minor Subdivision Johnson began his presentation regarding the minor subdivision. The property in question is part of Eagle Point 3rd addition plat. The parcel is Outlot A in 3rd addition. Johnson noted that should the site be developed, the site would need to be platted, as it is an outlot. The northern parcel that Bremer is looking to purchase and expand on is approximately 5 acres. That would leave approximately 7 acres retained by United Properties. The proposed minor subdivision was reviewed by staff and the remaining parcels would still meet the minimum requirements for the Business Park zoning district. Staff is recommending approval of this minor subdivision. There are three draft findings: 1) It is consistent with the City’s Comprehensive Plan 2) It meets the minimum area and lot frontage for Eagle Point Business Park 3) The minor subdivision complies with the City’s subdivision ordinance. Any future proposal will require the properties to be platted from the current outlot status. Kreimer asked about the pond on parcel B if that would create access issues. Johnson stated that the City Engineer reviewed this and they did not have any concerns at this time. Williams asked if the road that serves the Town Office Park (office condos) was public. Johnson stated that no it was a private road of Eagle Point Town Office Park. 2 Lake Elmo Planning Commission Minutes; 5-11-15 Griffin asked about the storm pond and storm water ponding. Johnson stated that since Eagle Point was originally developed, the stormwater rules have changed. It may be necessary to provide additional ponding to develop the site. Bremer or United Properties will need to work with the watershed district to meet the current rules when development is proposed. Dodson asked why Bremer didn’t buy the whole parcel. Johnson stated that they do not need that much land for their planned expansion. Dodson also asked about the platting process. Johnson explained why platting was necessary, noting that the lot is not buildable under it’s outlot status. M/S/P: Williams/Dodson, add a draft finding that under current regulations of the zoning code, the proposed Parcel B will not be able to be further subdivided in its current state, Vote: 6-0, motion carried unanimously. There was general discussion about the proposed findin g suggested by Commissioner Williams. Johnson suggested some additional language to the proposed finding, “under current regulations of the Zoning Code and Eagle Point Development Standards, Parcel B cannot be further subdivided.” This language was accepted by Commission. M/S/P: Dorschner/Williams, move to recommend approval of the Minor Subdivision request to split Outlot A of Eagle Point Business Park 3rd Addition into two lots with the additional finding of fact, Vote: 6-0, motion carried unanimously. Updates and Concerns Council Updates – May 5, 2015 Meeting 1. Hunter’s Crossing 2nd Addition Final Plat – approved. 2. Hunter’s Crossing 2nd Addition Developers agreement – approved. 3. Village Preserve Final Plat – approved. 4. Zoning Text Amendment – Freestanding Freeway Signs – Denied. Staff Updates 1. Upcoming Meetings a. May 27, 2015 b. June 8, 2015 Commission Concerns 3 Lake Elmo Planning Commission Minutes; 5-11-15 Willams asked for an update for Rural Development Project. Johnson stated that Klatt has been working on it and he can pass that along to him. Chairman Dodson requests that this is on the agenda. Williams asked about Gateway Corridor and bus rapid transit. Johnson stated that staff is meeting with some land owners and Washington County regarding the Keats Ave station. Manning Ave station only has 1 property that would be suitable for a station. Metro transit has been in discussions with land owner regarding a park and ride. Dorschner noted his concern about the City Council reversing the recommendation of the Planning Commission on the Zoning Code Amendment for highway signs. Meeting adjourned at 7:40 pm Respectfully submitted, Joan Ziertman Planning Program Assistant PUBLIC HEARING - ITEM 4B PLANNING COMMISSION DATE: 5/27/15 AGENDA ITEM: 4A – PUBLIC HEARING CASE # 2015-16 ITEM: Zoning Text Amendment – Commercial Wedding Ceremony Venue Ordinance SUBMITTED BY: Kyle Klatt, Community Development Director REVIEWED BY: Nick Johnson, City Planner Adam Bell, City Clerk SUMMARY AND ACTION REQUESTED: The Planning Commission is being asked to conduct a public hearing on a request submitted by Danielle Hecker to amend the Zoning Ordinance to allow Commercial Wedding Ceremony Venues through in interim use permit within the City’s RR – Rural Residential zoning districts. The City Code presently restricts such uses to the A – Agriculture and RT – Rural Transitional Districts. The applicant is also asking to increase the maximum number of guests allowed at each event from 150 to 200. Should the applicant’s request for a zoning text amendment be approved by the City, she intends to submit a subsequent application for the required interim use permit to conduct a Commercial Wedding Ceremony Venue at 11658 50th Street North. GENERAL INFORMATION Applicant: Danielle Hecker, 11658 50th Street North, Lake Elmo, MN 55042 Property Owner: Daniel J. and Danielle N. Hecker, 11658 50th Street North, Lake Elmo, MN Location: The zoning text amendment as proposed would apply to all properties that are zoned RR – Rural Residential within the City. Should the requested zoning amendment be approved, the applicant intents to apply for an interim use permit to conduct a Commercial Wedding Ceremony Venue at the above address. The site information listed below is specific to the applicant’s property. Request: To amend the Lake Elmo Zoning Code to allow Commercial Wedding Ceremony Venues as an interim use permit within the City’s RR – Rural Residential Zoning Districts and to increase the maximum number of guests for each event from 150 to 200. Existing Land Use: Rural Residential – Large Lot. Former farmstead that was part of a larger agricultural operation. Existing Zoning: RR – Rural Residential Surrounding Land Use: Large lot (10+ acre parcels) residential. Within a short distance to four open space developments: Tana Ridge, Sanctuary, Tamarack Farms, and Fields of St. Croix. 2 PUBLIC HEARING - ITEM 4A Surrounding Zoning: RR – Rural Residential and OP – Open Space Preservation Comprehensive Plan: RAD – Rural Agricultural Density Proposed Zoning: RR – Rural Residential (with amendments to allow Commercial Wedding Venues as an interim use in this district). History: The applicant’s 10-acre property was split off from the larger agricultural acreage in 2010. This subdivision facilitated the sale of the historic farmstead as a separate 10- acre parcel. The applicant has since made substantial renovations to the single-family residence on the property, in addition to removing several outbuildings and former agricultural structures. The City adopted the Commercial Wedding Ceremony Venue Ordinance in May of 2010. This ordinance was superseded by a similar ordinance that was adopted, but repealed, nearly 10 years ago. There are no current sites that are permitted under the ordinance. Applicable Regulations: §154.400 RR – Rural Zoning Districts §154.310 Commercial Wedding Ceremony Venue Ordinance REQUEST DETAILS The City of Lake Elmo has received a petition from Danielle Hecker, 11658 50th Street North, to amend the City’s Zoning Ordinance to allow Commercial Wedding Ceremony Venues as in interim use permit within the City’s RR – Rural Residential zoning districts. The City Code presently restricts such uses to the A – Agriculture and RT – Rural Transitional Districts. The applicant is also asking to increase the maximum number of guests allowed at each event from 150 to 200. The Planning Commission is being asked to hold a public hearing on the request, as all changes to the City’s Zoning Code require a public hearing. The applicant currently resides at the above address, and should the zoning amendment be approved by the City, intends to submit an applicant for an interim use permit in accordance with the Commercial Wedding Ceremony Ordinance to operate such a use from this property. BACKGROUND The City of Lake Elmo has at two times in the fairly recent past adopted an ordinance to allow for “special events” or “wedding ceremonies” to occur on rural properties. The first such ordinance concerning “Outdoor Social Events” was adopted in 2006, but was repealed approximately one year later before any events allowed under the ordinance were approved. In early 2014, at the request of a resident that expressed an interest in conducting wedding ceremonies on her agricultural property, the Planning Commission drafted an ordinance amendment that allows wedding ceremonies (with no receptions) on A – Agriculture and RT – Rural Transitional properties. The ordinance that was ultimately adopted by the City was modeled after a similar ordinance approved by the City of Afton. The approved ordinance is attached for review by the Commission (Ordinance No. 08-107). The City’s Commercial Wedding Ceremony Venue Ordinance allows a use called “commercial wedding ceremony venue” as an accessory use within the City’s use classification system. These types of activities are allowed an as interim use in A and RT zoning districts. The ordinance includes a series of requirements for these types of uses, and covers a wide range of issues, including food 3 PUBLIC HEARING - ITEM 4A handling, hours of operation, off-street parking requirements, setbacks, landscaping, screening, application requirements, lighting requirements, and other relevant information. The intent of the ordinance is to allow for the continued use of private agricultural property in a manner that allows for a reasonable economic return for property owners that otherwise would be limited the use of their property. Commercial wedding venues are accessory to permitted agricultural uses (which include single family residential uses), and are only allowed upon an application for an Interim Use Permit. The use restrictions specified in the ordinance are intended to minimize any impacts to adjacent properties, taking into account the intensive agricultural activities that are otherwise permitted on these sites. During the course of three separate meetings in the spring of 2014 the Planning Commission reviewed the ordinance and made modifications to the document in order to address questions and concerns from the Commission and members of the public. The final draft as recommended by the Planning Commission was adopted by the City Council in May of 2014 after further revisions as recommended by the Council were incorporated into the document. The City was approached by the applicant earlier this year with a request to conduct wedding ceremonies from the historic barn structure that is located at 11658 5th Street North. After reviewing the present ordinance concerning Commercial Wedding Ceremony Venues with the Planning Department, the applicant decided to file a formal petition with the City to amend the code and in order to allow such activities on her parcel. Because the proposed change affects a large number of parcels in the community, and given the relatively recent adoption of the ordinance, Staff has recommended that the Planning Commission and City Council deal with the zoning text amendment first, and if approved, the applicant would be able to continue with an interim use permit request. The applicant has provided a brief project narrative concerning her proposal for a Commercial Wedding Ceremony Venue at 11658 50th Street North, which includes an overall plan and vision for the property. These materials include a site photograph with notations for the use of the property, including the proposed parking locations. Please note that a zoning text amendment, such as the applicant’s request, requires a public hearing but does not require individual mailed notice to property owners. In this case, Staff has provided mailed notice for the zoning amendment (consistent with the City’s general notification requirements) from the applicant’s property because she intends to move forward with an interim use permit should the amendment be approved. STAFF REVIEW COMMENTS: The ordinance amendment as requested is very straight-forward because it requires minor revisions to the text as previously approved by the City. The applicant has provided a marked-up version of the adopted Ordinance No. 08-107 with the changes that are being requested, which includes: • Adding Commercial Wedding Ceremony Venue as an interim use permit in RR – Rural Residential Zoning Districts (Table 9-1). • Revising Section 154.310 (D) to add RR – Rural Residential to the list of allowed sites for Commercial Wedding Ceremony Venues. • Amending Section 154.310 (D,2) to change the maximum number of guests from 150 to 200. The applicant has not requested any other changes to the ordinance that was reviewed and adopted by the City in 2014. 4 PUBLIC HEARING - ITEM 4A The Planning Commission spent a large amount of time reviewing the Commercial Wedding Ceremony Venue ordinance prior to recommending approval of the document, and tried to address the various concerns that were raised about the ordinance by including specific restrictions and requirements on these uses (as listed in the standards section). At the time of this review, the Commission was considering the potential impacts on a site located in close proximity to the Carriage Station neighborhood. The primary restrictions intended to minimize neighborhood impacts include the following: • Capping the number of guests that could attend such ceremonies. • Allowing the serving of food and beverages only in conjunction with the ceremony itself; no receptions are permitted. • Restricting the hours of operation to 10 a.m. to 10 p.m. • Requiring larger setbacks from adjacent properties. • Requiring the submission of a traffic management plan for the operation. • Requiring compliance with the City’s nuisance provisions concerning noise, sound amplification, waste removal, and other such issues. One of the objectives of the current ordinance was to provide a reasonable option to help allow for the continued use of private agricultural property in a manner that allows for a reasonable economic return for property owners that otherwise would be limited in the use of their property. Commercial wedding venues are considered accessory to permitted agricultural activities and any single family uses on such properties. The use restrictions drafted as part of the ordinance were intended to minimize any impacts to adjacent properties, taking into account the intensive agricultural activities that are otherwise permitted on these sites. Based on the substantial review and analysis done prior to adoption of the existing ordinance, the same reasoning could be applied to properties that are zoned RR – Rural Residential. In this case, the applicant would like to find a suitable (and economically viable) use for the historic barn structure, and is proposing a major renovation and restoration of this building in order to bring the building up to current codes for public gatherings. Although the applicant’s property is located close to single-family residential neighborhoods, there are many parcels zoned A or RT that are situated just as close or closer to existing residential developments. Because such a large portion of the City is zoned RR – Rural Residential, Staff does recommend that if the ordinance amendment as proposed were to move forward, it should include restrictions that limit the number of sites that could be used for Commercial Wedding Ceremony Venues. Staff is recommending that the ordinance amendment as proposed include restrictions that Commercial Wedding Ceremony Venues only be allowed as an interim use permit on Rural Residential properties that: • Have historically been used as a farmstead for the surrounding agricultural land, and • That would use a barn or other historic agricultural building (a structure that is older than 75 years) for the wedding ceremonies. Consistent with the City’s review of the 2014 ordinance amendment, Staff has found that the proposed ordinance amendment is consistent with the Lake Elmo Comprehensive Plan, and specifically, the numerous statements in the Plan that support the preservation of the City’s rural character. In this case, Staff has found that the benefits of finding a suitable and economically viable use for historic agricultural buildings and surrounding property outweighs any potential impacts from the conduct of limited commercial activity on the premises. In this case, such activity for wedding venues is viable specifically because of the rural character and scenic qualities of the site. The 5 PUBLIC HEARING - ITEM 4A ordinance as approved places numerous restrictions on the use that are also intended to ensure that any such operations manage and minimize any negative impacts to adjacent properties. In addition, the permitted of wedding ceremonies as an interim use gives the City added security that these types of activities must be renewed a specific time intervals, and that failure to comply with any of the requirements can result in the termination of the permit. RECCOMENDATION: Staff is recommending that the Planning Commission recommend approval of the requested zoning text amendment to amend the Zoning Ordinance to allow Commercial Wedding Ceremony Venues as in interim use permit within the City’s RR – Rural Residential zoning districts and to increase the maximum number of guests allowed at each event from 150 to 200 with the additional restrictions as noted in the above Staff report. The recommended motion to take action on this request is as follows: “Move to recommend approval of the request amend the Sign Ordinance to amend the Zoning Ordinance to allow Commercial Wedding Ceremony Venues as in interim use permit within the City’s RR – Rural Residential zoning districts and to increase the maximum number of guests allowed at each event from 150 to 200 with the additional restrictions recommended by Staff.” ATTACHMENTS: 1. Application Form 2. Application Narrative 3. Proposed Ordinance Amendment 4. Location Map (Applicant’s Property in Red) 5. Aerial Photograph with Setbacks 6. Proposed Site Layout and Parking 7. Ordinance No. 08-107 (Commercial Wedding Ceremony Venue) ORDER OF BUSINESS: - Introduction ....................................................... Community Development Director - Report by Staff ..................................................................................... City Planner - Questions from the Commission ............................ Chair & Commission Members - Open the Public Hearing .................................................................................. Chair - Close the Public Hearing .................................................................................. Chair - Discussion by the Commission .............................. Chair & Commission Members - Action by the Commission ..................................... Chair & Commission Members