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Home My WebLink About02.8.16 Planning Commission Packet 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 Monday, February 8, 2016 at 7:00 p.m. AGENDA 1. Pledge of Allegiance 2. Election of Officers a. The Planning commission is required to elect a Chairperson for 2016. 3. Approve Agenda 4. Approve Minutes a. January 11, 2016 5. Public Hearings a. ZONING TEXT AMENDMENT- COMMERCIAL WEDDING VENUE: A request from Danielle Hecker to change the number of commercial wedding ceremonies from 2 to 4 per week. b. INTERIM USE PERMIT APPLICATION: A request from Danielle Hecker to permit a commercial wedding ceremony venue as an accessory use to their residence at 11658 50th Street N – (RR) – PID 01.029.21.43.0002. 6. Business Items a. 7. Updates a. City Council Updates – February 2, 2016 Meeting i. b. Staff Updates i. Upcoming Meetings:  February 22, 2016  March 14, 2016 c. Commission Concerns 8. Adjourn Lake Elmo Planning Commission Minutes; 1-11-16 City of Lake Elmo Planning Commission Meeting Minutes of January 11, 2016 Chairman Dodson called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Dodson, Kreimer, Larson, Dunn, Griffin and Williams. COMMISSIONERS ABSENT: Haggard, Fields STAFF PRESENT: City Planner Stephen Wensman & Interim Administrator Schroeder Election of Officers: M/S/P: Larson/Kreimer move to postpone election of officers to the next meeting, M/S/P: Williams/Kreimer move to amend the motion to delay the election of the chair only to the next meeting, Vote: 6-0, motion carried unanimously. M/S/P: Williams/Dodson, move to nominate Commissioner Kreimer as the Vice Chair, Vote: 5-1, motion carried. M/S/P: Williams/Dodson, move to nominate Commissioner Larson as Secretary, Vote: 6-0, motion carried unanimously. Approve Agenda: M/S/F: Dodson/Griffin, move to adjourn the meeting in protest of the dismissal of Commissioner Dorschner from the Planning Commission, Vote 2-2-1, motion fails with Commission Larson abstaining. Williams, Dunn and Kriemer spoke against the motion because they feel City business should continue and it would not be fair to the people who came to this meeting and there were public hearings posted. The agenda was accepted as presented. Approve Minutes: November 23, 2015 M/S/P: Williams/Dodson move to approve minutes as presented, Vote: 3-0, motion carried, with Griffin and Larson abstaining. 2 Lake Elmo Planning Commission Minutes; 1-11-16 Approve Minutes: December 14, 2015 M/S/P: Williams/Dodson move to approve minutes as amended, Vote: 5-0, motion carried unanimously. Interim Use Permit – Commercial Wedding Ceremony Venue. Wensman stated that at the request of the applicant, they would like to continue the public hearing to the February 8, 2016 Planning Commission meeting. Public Hearing opened at 7:26 pm. No one spoke and there was no written or electronic correspondence. M/S/P: Williams/Dodson move to continue the public hearing to the February 8, 2016 Planning Commission meeting , Vote: 5-0, motion carried, unanimously. Varinace Request from IRET properties for a sign Variance. Wensman started his presentation for a sign variance at 8650 Hudson Blvd. The variance is for 5’ in heigh and 4’ in width for a pylon sign. This property is located in the Eagle Point office park. The purpose of the sign is to display the signs of the tenants that are in the building. Right now there is not much visability for these businesses due to topography. There is some ambiguity in the Eagle Point Development Standards. When this application was first submitted, the former Planner thought it looked good, but when the Community Development Director looked at it, he said it didn’t meet the requirements. Based on research and what Wensman has read regarding pervious conversations, he is recommending a variance. The applicant first approached the City in January 2015. Staff feels that the variance criteria has been met and is recommending approval. Griffin asked if this met the sign ordinance. Wensman stated that this development is a PUD and this application would be covered under their PUD Regulations. Kreimer is wondering if the location where the sign is going is a buildable lot. Wensman stated that it is part of the same lot. He did not evaluate if more could be built there. Dodson is wondering if this is a lighted sign. Does this go over the height for lighting? Wensman stated that we can follow up with the applicant to see if the whole sign is lighted. Dawn Grant, IRET Properties, distributed pictures to the Planning Commission. She stated that this is one property. This property was designed to have an additional 3 Lake Elmo Planning Commission Minutes; 1-11-16 building, but this is a very small piece of property. She also stated that they have talked about putting a road through where the sign is so people would know where to turn . Steve Hertz, Nordquist Sign, stated that the height is dependent on where it is measured. He addressed the lighting of the sign and stated that not all parts of the sign are illuminated. He estimated that the distance from this sign to Park Dental is abo ut 150-200 feet. Louis Suarez, Colliers, went through pictures of all angles of the property. Griffin asked if Park Dental will have a problem if people use their driveway to get to this building. Dawn Grant stated that Park Dental is a tenant of theirs and they received a letter of support from them. If it becomes an issue, they are willing to put a road back to the building. Dunn stated that she is in support of sign for giving better clarity to where this building is. Larson asked if there was a way to put something on the sign as to where people are supposed to turn. Dawn Grant stated that it would be a possibility. Mal Sullivan, St. Croix Orthopedic, stated the visibility of the campus has always been a challenge, but their business has changed and grown. People have trouble finding them and they would really appreciate the help in getting this sign passed as it would help their business. Public Hearing opened at 8:04 pm. No one spoke and there was no written or electronic correspondence. Public Hearing Closed at 8:05 pm. Williams is in support of the concept for a more visible sign, however, there are a number of unanswered questions for if this is the solution. He feels that the location of this sign might actually induce people to turn into Park Dental. He would like to learn more about access spacing, the elevation differences and the feasibility of routing traffic to the Park Dental lot and possibly increasing that parking lot. He wants to support this business, but he is not sure enough global thinking has gone into this decision. Steve Hertz, stated that the idea of this type of sign is to create an identity for the businesses. There could be an addition to the sign about where to turn, but the intent was really to identify what businesses are back there. 4 Lake Elmo Planning Commission Minutes; 1-11-16 Dunn supports the signage and feels it is important to identify what is back there. She feels it meets the intent of the PUD ordinance and it is an exception for this one building that is hard to see. She said it is the age of GPS to assist on where to turn. Kriemer agrees with Commissioner Dunn. He feels that the visibility is key to the success of these businesses. He does not feel it is for visibility, but more for advertising. He wants to support the commercial businesses and would like to see more in this area. Griffin feels it is a good place for the sign so that you can see it from the freeway. She also feels it would be beneficial to get another sign out on the freeway. Suarez stated that this PUD was planned 20 years ago. Healthcare has dramatically changed since then and part of that change is to advertise and attract more people and identify the businesses that are there. The point of this sign is to build the bran d of the Highpoint medical campus. Dodson is not in favor of the aesthetics of the sign. He would have liked to see more of a monument type. M//: Williams/ move to postpone consideration of this application until the Commission recieves elevations, access spacing, opportunities to modify the Park Dental Parking lot for access and MnDot contact for I94 signage supplied by the applicant , motion fails for lack of 2nd. M/S/P: Dodson/Griffin, move to recommend approval of the 5 foot height and 4 foot width variance request at 8650 Hudson Blvd to allow for a 35 foot high, 16 foot wide pylon sign at the High Pointe Medical Campus based on the findings identified in the staff report, Vote: 4-1, motion carried. Dunn stated that the elevation is important to think about. She goes along with this motion. M//: Dodson/, move to amend the motion to add a condition of approval that the possibility of a road be looked at, Motion fails for lack of second. ZTA and Ordinance Amendment – a request from the City of Lake Elmo to rezone an RR Parcel to PF Wensman started his presentation by stating that this a request by the City of Lake Elmo to exempt essential services from the dimensional and buffer requirements in t he PF Zoning District. Wensman is presenting the 2 itmes together, but will require 2 separate motions. This particular essential service is for the City’s water booster station. Essential services can be in any zoning district, but it is the City’s policy to rezone these to public facility. 5 Lake Elmo Planning Commission Minutes; 1-11-16 Dimensional and buffer requirements are important for most land uses, however, essential services are generally incidental and subordinate to the surrounding land uses. The location of this booster station is on inwood. This is a small building on a small piece of property. This change would not change the architectural standards and there is landscaping on the outer edges of the development. Dodson asked if this was just for this site, or if it was for all sites. Wensman stated that it would pertain to all properties. Dodson is concerned about what this would mean in other situations. Wensman stated the City would have the ability to purchase whatever size property they wanted. Public Hearing opened at 8:41 pm. John Vettruba, 8451 26th Street N, lives right to the north of this site. He would like to know what the setback will be. He is wondering if this building makes any noise. Wensman stated that he doesn’t know about the noise, but there will be landscaping. Wensman states that this is conceptual, but thinks it will be about 15 feet. Vettruba would like there to be a pipe back to 26th street to improve the pressure of their water. All of their homes have booster pumps and they need to replace them regularly. Al Eberhard, 2298 Inwood Ave N, he is the property owner of this property and has worked with the City Engineer extensively. He is wondering if the rezoning is turned down by the commission, what would the options be. He would like th e intrusion to the agricultural land as minimal as possible. He was told that there was a 10 foot setback requirement. He also asked what type of lighting there is for this. He also thinks that if the design of the building looks like a small house, the need for landscaping would not be as great. There was no written or electronic correspondence, there were a few calls asking what it was about, but no concerns. Public Hearing Closed at 8:57 pm. Williams thinks it is ok to exempt this, but he would like to see conditions added that when it is adjacent to a residential property and does not meet the basic setback, screening should be added. Williams thought we could add something regarding the noise. Kreimer thought especially since it was next to a residential area. Schroeder stated that if you stand outside of this building, you will know that something is running, but it is not concerning. 6 Lake Elmo Planning Commission Minutes; 1-11-16 Williams suggested that as a footnote to the table in section E, 1, that footnote 1 should be that essential services shall be exempt and footnote 2 that increased 4 seasoned vegetative screening and fencing should be included when the PF zoning district is adjacent to the residential zoning district. There was no objection to changing this. Williams suggested that structures housing essential services, when the setbacks are not met, should be designed to look like houses when they are adjacent to residential properties. Dodson feels that the architectural standards are enough and does not want to put an unnecessary burden on the City. He doesn’t necessarily think that looking just like a house would be the best. Kreimer also thinks that in this case it borders both AG and residential and possibly a rural structure might work better. Dunn feels that on larger structures, the City should work with the Engineer to design a structure that blends in with the surroundings. The surroundings could be different depending on the site. Al Eberhard, 2298 Inwood Ave N, asked where the additional screening would be. Williams stated that his thought was to have it on any border that did not meet the setback. Mr. Eberhard feels that it should be on all sides, even if it is agricultural next to it that could be residential in the future. Dodson is wondering if there should be something specifically stating that they are not exempt from the noise ordinance. Williams would like to add a number 8 stating that the noise ordinance should be met. The Commission is in agreement with that. The Commission is wondering if it might be a good idea to have a separate table of setbacks for essential services, possibly 10 feet. Dunn & Dodson were uncomfortable with no setback as well. M/S/: Dodson/Kreimer, move to postpone voting on the proposals until they get another draft of setbacks for essential services that have buildings in the PF zone , Motion and second withdrawn. Kreimer asked about including the other suggestions. Interim Administrator Schroeder said that there is some urgency on this issue. This needs to be resolved for the $3.5 million grant. One of the verifications for the grant is that it complies with all our local ordinances. Wensman stated that he would suggest that the Planning Commission recommend what setbacks they are comfortable with and move it forward to the City Council. 7 Lake Elmo Planning Commission Minutes; 1-11-16 M/S/P: Williams/Dodson, move to recommend approval of a zoning text amendment for essential services to exempt them from the overall PF zoning requirements. There will be improved buffering and screening and the setbacks will be 10 feet, in addition to adding the noise restrictions, Vote: 5-0, motion carried Unamimously. M/S/P: Williams/Kreimer, move to recommend rezoning of the Inwood booster station property from RR to the PF zoning district, Vote: 5-0, motion carried Unanimously. Ordinance Amendment – a request for an ordinance amendment to the animal ordinance that pertains to the keeping of pigeons. Wensman started his presentation stating that he had an inquiry regarding the keeping of pigeons. Currently pigeons are not regulated. Wensman researched what other Cit ys do. He used the Gem Lake ordinance as a guide and also used our accessory building ordinance as a guide to know how many pigeons would fit in what size building. The minimum lot size would be 2.5 acres and it would only apply to AG and RR zoning. Maximum number allowed would be 20 and they would need to be banded. Aviaries would need to be enclosed. The loft area would have an area of 4 cubic feet per bird and the maximum loft height would be 20 feet with a maximum of 200 square feet. They would need to be located in the rear property 50 feet away from any habitable structures. Dodson thinks the construction of the loft is very specific and is wondering why. Wensman stated it was taken out of other code and is probably to keep the birds safe from predators. Dodson was also wondering why it is limited to RR and AG. Wensman stated it is because he is trying to restrict it to where there is the least potential for complaints. Williams asked how the number 20 was arrived at. Wensman stated th at he looked at the size of the accessory building and worked backwards. Williams is not sure that 20 is enough. Public Hearing opened at 10:04 pm. No one spoke and there was no written or electronic correspondence. Public Hearing Closed at 10:05 pm. Dodson would like to see the number increased to 60. Larson would like to see 100 as a maximum. Kreimer thinks that is a lot of birds on a 2.5 acre lot. No one spoke at the public hearing and he thinks that we should be restrictive until someone comes in and asks for more. Griffin stated that it can be a big nuisance if they are not taken care of and saw it first 8 Lake Elmo Planning Commission Minutes; 1-11-16 hand this summer. Dunn agrees that we should add to the code, but should be more restrictive for now. Kreimer would like to see on page 3 letter K read “Pigeon lofts may be located in the rear yard only and shall be at least 50 feet from property lines and adjacent habitable structures.” Williams would like to include in 95.117 an item C that would state “Any property where pigeons would be kept will have a principle use conforming to the zoning ordinance.” Williams would like to add under 95.117 letter D “The property will be the primary residence of the pigeon keeper.” M/S/P: Williams/Kreimer move to recommend approval of the ordinance pertaining to the keeping of pigeons with the 3 suggested changes, Vote: 5-0, motion carried, unanimously. Ordinance Amendment – a request for an ordinance amendment to the weapons ordinance as it pertains to hunting. Wensman started his presentation and stated that this is being brought forward based on the number of calls the City received this fall. Wensman stated that the City might want to consider producing a map each year to designate where hunting is allowed. Public Park, public trail, ROW and public school was specifically added. Wensman ran these changes through Washington County sheriff and they were in support and liked the idea of a map. Griffin would like to see some distinction between shotguns and rifles. She would like to see rifles prohibited in the City. The Commission was wondering how this applies to conceal and carry and how 130.15 (B) (2) would apply. Wensman stated that he can bring it back to the City Attorney. Dodson asked how much of this had to do with land use and if it really needed to come to the Planning Commission. Public Hearing opened at 10:30 pm. No one spoke and there was no written or electronic correspondence. Public Hearing Closed at 10:30 pm. Kreimer was wondering where paint ball, air guns, etc. would fall in this scope. Wensman stated that he looked at it only from the standpoint of hunting. M/S/P: Williams/Kreimer move to postpone consideration of the weapons and hunting ordinance until clarification on 4 issues is received, Vote: 5-0, motion carried, unanimously. Council Updates – December 15, 2015 Meeting 9 Lake Elmo Planning Commission Minutes; 1-11-16 1. CUP Amendment-Oakdale Gun Club – Approved. 2. Preliminary Plat Approval-Reider – approved. 3. ZTA-Uses in Rural Districts – Repeal uses that were added in 2013. Council Updates – January 5, 2016 Meeting 1. Update on Status of BRT – Verbal. 2. Open Space Development to move to workshop. Staff Updates 1. Upcoming Meetings a. January 25, 2016 b. Frebruary 8, 2016 Commission Concerns Meeting adjourned at 10:55 pm Respectfully submitted, Joan Ziertman Planning Program Assistant Lake Elmo Planning Commission Minutes; 1-25-16 City of Lake Elmo Planning Commission Meeting Minutes of January 25, 2016 Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Dodson, Kreimer, Dunn, and Griffin. COMMISSIONERS ABSENT: Haggard, Fields, Larson and Williams STAFF PRESENT: City Planner Stephen Wensman & Interim Administrator Schroeder Election of Officers: M/S/P: Kreimer/Dodson move to delay the election of the chair to the next meeting, Vote: 4-0, motion carried unanimously. Approve Agenda: The agenda was accepted as presented. Approve Minutes: None Comprehensive Plan Amendment – Arbor Glen. Wensman started his presentation regarding Arbor Glen. This proposal is for a senior living, congregate housing on 3.72 acres at the corner of 39th street and Lake Elmo Ave. This lot is Lot 1 Block 1 or the Brookman 3rd addition. The Comprehensive plan guides this site as VMX and congregate housing is a CUP in the VMX zoning. Proposed facility is 84 units with 1 guest suite (24 memory care, 29 assisted living and 31 independent living). Proposed density is 16 units per acre, excluding the memory care which is institutional. Current Comprehensive Plan allows 6-10 units per acre. The proposed density here is 16 units per acre, but staff is proposing 20 units per acre for flexibility. This is different from multi-family housing because of the lower impact on the community as they provide on-site services. This is applicable to areas zoned LDR, MDR and VMX. This will require Met council approval and review and this requires a 4/5 vote of the City Council. The code allows 75% impervious, this proposal is 54%. Required setbacks are 10 feet, 32 feet is proposed. This will drop down to 7 feet after CSAH 17 is widened. Maximum height is 35 feet. This is a 2 story structure with 31.5 feet proposed. This proposal exceeds the requirement for green space and for parking required. The trail proposed is 2 Lake Elmo Planning Commission Minutes; 1-25-16 on private property. Staff is recommending getting the 25 foot ROW dedicated as a condition of approval. That will address the countys request as well as the trail. For tree preservation, they will need to replace 7 six foot conifers. There are 2 monument signs proposed and some wall signage. One of the monument signs does not meet the sign code. There will need to be a separate sign plan submitted. The public hearing was held on 12/14/15 and was continued to tonights meeting. Staff has 3 recommendations with suggested motions 1) to approve the Comprehensive plan amendment to allow density for senior congregate housing to 20 units per acre 2) rezone Lot 1 Block 1, Brookman 3rd addition from GB to VMX 3) approve a condition use for congregate living with conditions in report. Dodson asked about the setbacks and if it met the request of the County. To meet the County’s recommendation, the building would need to move to the east approximately 23 feet if the ROW is dedicated. To meet the City code after ROW dedication, it would need to move 3 feet. Wensman stated that we could do an easement for the trail and they would meet the requirement. Dunn likes the plan, but is concerned about the ROW. She is supportive of the County suggestion. She is wondering if increasing this will set a precedent and how that would affect the Village. Wensman stated it would not set a precendent because it is only for senior congregate living with services. Memory care is not considered residential because they do not leave the site unless family members take them out. Matt Frisbee, Ayers, stated that they looked at other sites, but thought this was the best site for them. Dodson thought with the high traffic on lake Elmo Ave, this would have been a better spot for commercial. Frisbee stated that the visibility is important to them and the retail was more desirable closer to Hwy 5. Frisbee stated that they ha ve made changes to accommodate the 10 foot setback. Griffin asked about the ponding and if it would impact the parking. Wensman stated the City Engineer looked at it as well as VBWD. Public Hearing re-opened at 7:31 pm. Written comment was received from Steve Delapp. He is concerned about the amount of impervious coverage, density and the distance to the village center for walkability. No one spoke Public Hearing closed at 7:32 pm. 3 Lake Elmo Planning Commission Minutes; 1-25-16 Kreimer is uncomfortable with the 20 units per acre. He would like to see 15 vs 20. Dunn also was uncomfortable with 20 units as well. Dodson stated that if we went to 15 vs. 16 that would change their proposal. He would like to go with the 16 units to meet the needs of this proposal. Wensman stated that there are 3-4 other places in the City where senior congregate housing could go in and wants to be flexible so that we don’t have to address this again. M/S/P: Dodson/Griffin move to recommend approval of a comprehensive plan text amendment to increase the maximum allowed density for senior congregate housing with services to 16 units per acre and to change the text to read “The facility must have at least 50% of the units to include meals, housekeeping, and personal care assistance and minor medical services”, Vote: 4-0, motion carried, unanimously. Griffin asked about noise from Lake Elmo Ave. Frisbee stated that there is landscaping and that there is sound buffers within the building. The residents like watching the traffic and activity on roads. Conditional Use Permit and Zoning Map Amendment – Arbor Glen. Kreimer and Dunn are concerned about the setbacks. They are concerned that when the County widens the road, it will be close. Public Hearing opened at 7:50 pm. No one spoke and there was no written or electronic correspondence. Public Hearing Closed at 7:53 pm. M/S/P: Kreimer/Griffin, move to recommend the City Council rezone Lot 1, Block 1, Brookman 3rd addition from the GB-General Business to VMX – Village Mixed Use Zoning District, Vote: 4-0, motion carried Unanimously. M/S/P: Dodson/Griffin, move to recommend the City Council approve a conditional use permit for Congregate Housing with the conditions listed in the staff report, striking conditions 7, 10 and 11 and adding an additional condition that the building maintain a 10 foot setback from the future dedicated right-of-way and a condition that the building will be constructed with additional noise mitigation on the West side, Vote: 4-0, motion carried Unanimously. Council Updates – January 19, 2016 Meeting 1. Hidden Meadows Plat Extension - 2 years – Passed. 2. ZTA & Zoning Map Amend – Essential Services – Passed. 3. Sign Variance for IRET Properties – Passed. 4 Lake Elmo Planning Commission Minutes; 1-25-16 Staff Updates 1. Upcoming Meetings a. February 8, 2016 b. February 22, 2016 Commission Concerns Dunn asked about the densities in the Village area. She would also like to see something in the Developer agreements or somewhere that the City is not responsible for the airport noise. Kreimer asked about stormwater pond in Inwood. They are digging it up now. Schroeder stated that they may be adding capacity with the future addition. Meeting adjourned at 8:30 pm Respectfully submitted, Joan Ziertman Planning Program Assistant PUBLIC HEARING ITEM __ – ACTION ITEM PLANNING COMMISSION 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 Planning 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 Summary: The City of Lake Elmo adopted the Commercial Wedding Ceremony Venue ordinance 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. 2 PUBLIC HEARING ITEM __ – ACTION ITEM The third requested change is to exempt commercial wedding ceremony venues from the commercial parking code requirements for durable paving and curbing. The intent 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 need 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”. 1 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 acres in size. 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 twice per 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. 2 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; 3 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) 4 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. PUBLIC HEARING ITEM 4a – ACTION ITEM PLANNING COMMISSION DATE: 2/8/2016 AGENDA ITEM: 5a – PUBLIC HEARING CASE #2015-39 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 8, 2016 Applicant: Danielle Hecker Owner: Daniel & Danielle Hecker Zoning: RR (Rural Residential) 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 Permit: The applicant is requesting a 10 year Interim Use Permit to establish a commercial wedding ceremony venue. The public hearing was opened on January 11, 2016, then was continued to February 8, 2016 to allow the applicant to apply for an amendment to the Commercial Wedding Ceremony Venue ordinance. Application Summary: The requested interim use would allow a commercial wedding ceremony venue to be established on a ten acre rural residential property located at 11658 50th Street North. The application details include the following: 2 PUBLIC HEARING ITEM 5a – ACTION ITEM Type of business: Commercial wedding ceremony venue. On-Site Activity: wedding ceremonies within a renovated barn & temporary structures 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: Section 154.310 Standards for Accessory Use. Applications submittal: Written Statement, Proposal letter, Site Plan and Exterior Illustrations. City Engineer Memo dated December 7, 2015. Findings & General Site Overview Site Data: Lot Size: 10 acres Existing Use: Residential Existing Zoning: RR - Rural Residential Property Identification Number (PID): 01.029.21.43.0002 The proposal site is the farmstead of the 200 acre Goetschl Farm which was constructed in 1912. In 2010, the applicant and her husband purchased ten acres containing the farmstead and the remainder was sold to a developer in 2013. Since purchasing the homestead, the applicant has renovated the home, removed 5 dilapidated sheds and 3 grain silos. The barn and granary will be completely renovated as part of this proposal to accommodate the wedding ceremony venue. This property is adjacent to the potential future Legends of Lake Elmo OP development. Proposal Review: The applicant is requesting a 10 year Interim Use Permit because of the significant financial investment required to bring the site and buildings up to Code for public gatherings. The proposal will have a negative return on investment for the first five years and to get financing, a period of ten years is needed. Minimum Criteria: Under the ordinance, commercial wedding ceremony venues are an interim accessory use in the RR – Rural Residential zoning district on parcels greater than ten acres if meeting the following criteria: 3 PUBLIC HEARING ITEM 5a – ACTION ITEM 1) The site was historically used as a farmstead for the surrounding agricultural land 2) The use will incorporate a barn or other historical agriculture building over 75 years of age for the wedding ceremonies. The application meets the criteria for a commercial wedding ceremony venue because it has ten acres, it was the historic farmstead form the surrounding agricultural land, and the proposal incorporates the uses the farmstead’s historic barn (Historic is not meant to mean it has a MN State historic designation status). Noise: The applicant will be purchasing a sound system for the venue and will cap the volume at 115dB. The applicant will enforce noise restrictions with the contractual agreement with customers and through use of posted signs. A planted tree barrier will also mitigate noise along the north boundary. Traffic: The applicant proposes to employ an attendant for each venue to direct traffic and to organize entering and exiting traffic. There is adequate distance between the parking area and 50th Street N for queuing of exiting traffic. The applicant will provide signs to direct and slow traffic on site and is proposing to post temporary directional signs in the right-of-way on either side of their driveway to direct guests to the driveway. Sanitary Facilities: The applicant is proposing to use rented sanitation facilities (port-a-potties) to with permanent wooden screens to be located adjacent an existing shed indicated on the site plan. Access: The proposal is to utilize the existing +/- 12’ wide gravel driveway off of 50th Street N and to construct a new gravel driveway branching off of it that follows the east and north perimeter of the property with the destination being a turf parking area large enough to hold roughly 66 cars to the north of the barn. For 50th Street access management purposes, the City Engineer is recommending the commercial venue be required to connect its driveway to the future roadway internal to the Legends development to eliminate the commercial driveway access to 50th Street N. The Fire Department, because of public safety concerns, is recommending an 18’ wide gravel drive with a 45’ turnaround with a 7 ton design standard to accommodate emergency vehicle access. An alternative to the 45’ turnaround could be a 2nd access to the future residential development to the north and east Parking: The performance standards for commercial wedding venues requires parking to be 100’ from residential property lines. The surrounding properties are presently agricultural. The proposed grass parking is 11’-4” from the north residential property line. 4 PUBLIC HEARING ITEM 5a – ACTION ITEM This land use is both commercial and residential in nature. The commercial parking code, Section 154.210, requires: “…a parking surface that is “durable including, but not limited to, hot asphalt, bituminous, or concrete” and “head in parking along property lines shall provide a bumper curb ….” Accessible parking stalls are also required. The proposed parking does not meet the commercial code curbing, surfacing, and accessibility requirements. The turf parking fits with the intent of the ordinance, to promote rural character and it may be unreasonable to require a paved parking area for the facility. Alternative paving solutions may provide reinforcement to the turf if wear and erosion occur. Also, accessible parking stalls will be required to be a durable surface, signed as handicapped parking, and an accessible path connecting the parking to the buildings and restroom facilities. Lighting: No site lighting has been proposed, but the applicant has stated that they will comply with city lighting regulations. Buffering: The applicant has proposed a row of coniferous trees along the north property line to screen views and to mitigate noise, and to create a separation between the turf parking and the property to the north. Right-of-way: The City Engineer is requesting a right of way easement for a future trail. Required Findings: In order for the City Council to approve the interim use permit, the following six findings must be met: 1) The use is allowed as an interim use in the respective zoning district and conforms to standard zoning regulations. 2) The use will not adversely impact nearby properties through nuisance, noise, traffic, dust, or unsightliness and will not otherwise adversely impact the health, safety, and welfare of the community. The site is located on a collector road, the site is surrounded by farmed rural residential land to the north (future proposed Legends Development). 3) The use will not adversely impact implementation of the Comprehensive Plan. The improvements respect the rural/agricultural nature of the area and zoning district. The use is accessory to the principle residential use. 4) The date or event that will terminate the use is identified with certainty. The applicant has specified in the application materials that the use will terminate once the property is sold or developed under future zoning. Staff is recommending a termination date of ten years from the date of approval. 5 PUBLIC HEARING ITEM 5a – ACTION ITEM 5) The applicant has signed a consent agreement agreeing that the applicant, owner, operator, tenant and/or user has no entitlement to future reapproval of the interim use permit as well as agreeing that the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future. A consent agreement will need to be approved by the City Council as a condition of approval. 6) The user agrees to all conditions that the City Council deems appropriate for permission of the use including the requirement of appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. This item can also be addressed as part of a consent agreement with the City. 7) There are no delinquent property taxes, special assessments, interest, or city utility fees due upon the subject parcel. Recommendation: 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 wedding ceremony venue maintain a contract to supply and maintain temporary sanitary facilities while in operation and that at least one temporary sanitary facility be handicapped accessible. 3) That the landscaped buffer on the north property line be comprised of a row of coniferous trees with spaced a maximum of 16’ on center. 4) That an erosion control plan be submitted and approved by the city engineer prior to approval issuance of the interim use permit. 5) That the approval be contingent on complying with the Valley Branch Watershed District permit. 6) The accessible parking stalls be comprised of a durable material, approved by the city engineer, and signed as handicapped parking with an accessible path connecting to the buildings and restrooms. 7) That the applicant maintain compliance with all applicable City Code standards for the duration of the interim use. 8) That the applicant enters into a consent agreement with the City in accordance with Section 154.107 of the City Code. 9) 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. 6 PUBLIC HEARING ITEM 5a – ACTION ITEM Motion 10) That the access driveway be 18’ wide and designed to a 7 ton standard to accommodate emergency service vehicles. 11) That a 45’ wide turnaround be constructed to a 7 ton standard and shown on the site plan, or provide a secondary access when the property develops to the north and east to accommodate emergency service vehicles. 12) That a 40’ street right-of-way be granted to the city for 50th Street N to accommodate a future trail. Staff recommends the Planning Commission recommend approval with the following motion: “Motion to recommend approval of the interim use permit for a commercial wedding ceremony venue to be located at 11658 50th Street North with the x conditions”. I.U.P 1.Complete: Land Use Form. 2.Written Statements: a. Owner of Record Daniel & Danielle Hecker 11658 50th St N, Lake Elmo MN (612)327-8561 a. Surveyor Paul Johnson 12510 McKusick Rd. N Stillwater, MN 55082 (651)303-0025 a. Designer Roger Tomten Tomten Environmental Design 333 N. Main St., Ste. 201 Stillwater, MN 55082 (651) 303-3275 b.Address 11658 50th N, Lake Elmo MN Rural Residential 10 acres PID: 0102921430002 Legal Description: That part of the west half of the Southeast quarter of section 1, Township 29, Range 21, except the South 1725 feet of the east 505 feet thereof, Washington county, MN described as follows: Beginning at the southwest corner of said South 1725 feet of the East. 505 feet of the west half of the Southeast quarter; thence north 00 degrees, 21 minutes, 51 seconds west, washington county coordinate system NAD B. c.History The Goetschl Farm, as recognized by many among the community, was built in 1912 and encompassed 200 acres. The land and outbuildings (barn, grainery, 3 silos, 2 pole sheds, corn bin, and 8 storage sheds) supported a large agricultural operation of dairy and crop farming until 2007. In 2010, the Hecker’s became the 2nd owners of the property, purchasing the homestead and 10 acres with the remaining 190 acres being sold to a developer in 2013. In the past ﬁve years, we have completely renovated the home, removed 5 sheds that were in disrepair, and 3 silos. This proposed use is being sought to aide in the preservation and renovation of the farmstead outbuildings (Dairy barn and grainery). Without a newly defined use, the structures would fall further into disrepair and potentially disappear from the landscape. No intensive regrading of the site is proposed in order to retain the farmstead character. d.Proposed Use i. Proposal Letter: See attachment (2.d.i) ii. Consent Agreement: See attachment (2.d.ii) e.Justiﬁcation of Use i.Ordinance NO. 08 - 107. Commercial Wedding Ceremony Venues allowable in RT, A, !a n d R R . 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 “cap” the volume and limit the sound decibel to 115dB. b.Owner will enforce noise regulation in the contractual agreement with the customer. !!!c. Owner will plant a tree barrier on North boundary to help mitigate noise ! ! ! for future development. 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.Trafﬁc queuing will form in our driveway for entry/exit. The distance between the parking lot and entry/exit is approximately 1200 feet, which will encourage a safe, steady ﬂow of vehicles regulated by a SLOW posted speed limit. This “waiting line” will be monitored by the attendant upon departure to mitigate congestion on 50th. c.Trafﬁc metering by means of the attendant is a contingency plan if queuing isn’t sufﬁcient enough for manageable distribution. d.Owner will post temporary signs indicating distance to driveway to mitigate turn-around trafﬁc (1-hr prior, both directions of drive-way). *Owner will post signs to mitigate speed, encourage caution for crossway, and enforce noise regulation. !!3. Unsightliness a.Portable, rented sanitation facilities will have a temporary structure built to minimize the visual appearance. b.Parking areas will remain grass and driveways will remain gravel (class 5) in lieu of blacktop or other impervious surfaces. iii.The use is in-line with the comprehensive plan and supports: !!1. Preservation of rural lands !!2 . Enhancement of community’s rural sense of place !i v . Not applicable - Primary residence, structures are existing. 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. 3.Tax record for veriﬁcation of ownership (See attachment 3). 4.Address Labels (See attachment 4). 5.Survey (See attachment 5). 6.Landscape Plan (See attachment 6). 7.Architectural plans (See attachment 7). 8.Utilities & Service Plans. !a. Sanitary Sewers: N/A. Operator to contract for rented temporary sanitation facilities. ! Waste would be managed weekly by the professionally hired company. !b.Storm Sewers: Operator is not planning to do any intensive grading to parking area. ! The proposed grassy parking lot promotes the conveyance of storm water at a slower, ! controlled rate and acts as a ﬁlter medium removing pollutants and allowing ! stormwater inﬁltration. Currently, natural ditch formations efﬁciently transport the water. ! Catch-dams will be evaluated upon relocation of granery to mitigate any potential soil ! erosion with a civil engineer. c.Water, gas lines, telephone lines, ﬁre hydrants are not applicable. ! d. Trash receptacles will be placed by the sanitation facilities and inside of the barn ! venue. 9.Electronic Files (See attachment 9). ! Proposal Letter: #2.d.i. The interim use would allow for wedding ceremonies (no receptions) to take place at the property located at 11658 50th St. N, Lake Elmo MN. This use provides a suitable and economically viable option to support the preservation and renovation of a historic barn structure and grainery. In order to begin operations, the buildings (barn and grainery) will require major renovations to bring them up to current code for public gatherings. The ﬁnancial investment required is estimated to have a negative ROI for the ﬁrst ﬁve seasons under the assumption of a 75% ﬁll rate. Considering this analysis, I am requesting the interim use permit expiration date of 2025 (10 years; 2016 partial year) and fully understand that violation of any ordinance restrictions is subject to review and/or permit suspension. Event speciﬁcations: a.!The number of guests would be set at a maximum capacity of 200 persons. b.! Ceremonies would be a maximum of twice per calendar week. c.! Employees are estimated to be 3-4 part-time positions. These positions would ! include responsibilities speciﬁc to trafﬁc and security, cleaning & maintenance ! and event coordination. d.! Operating hours would be allowable from 10AM until 10PM with all guests and ! staff vacating by 10PM. e.! 2 portable, ﬂushable on-site sanitation facilities will be provided. A wooden ! enclosure would be constructed to screen the facilities from neighboring ! properties and minimize unsightliness. f.! Lighting to comply with Section 150.035 of the City Code g.! Sound system will be purchased by Operator and capped at 115dB. h.! Temporary structures or tents to be used in association with the planned events ! will be erected no more than one day prior to an event and must be removed no ! more than 72 hours following an event. i.! Signage will include: Residential quite zone; no honking; speed limit; and trash ! receptacles. j.! Security/Trafﬁc attendants will be staffed for duration of each event. k.! Trash receptacles will be adequately provided in each structure and at sanitation ! facilities (adjacent to parking lot). l.! Trafﬁc Management Plan m.! Sufﬁcient liability coverage would be obtained/maintained before the start of ! operation. I.U.P 1.Complete: Land Use Form. 2.Written Statements: a. Owner of Record Daniel & Danielle Hecker 11658 50th St N, Lake Elmo MN (612)327-8561 a. Surveyor Paul Johnson 12510 McKusick Rd. N Stillwater, MN 55082 (651)303-0025 a. Designer Roger Tomten Tomten Environmental Design 333 N. Main St., Ste. 201 Stillwater, MN 55082 (651) 303-3275 b.Address 11658 50th N, Lake Elmo MN Rural Residential 10 acres PID: 0102921430002 Legal Description: That part of the west half of the Southeast quarter of section 1, Township 29, Range 21, except the South 1725 feet of the east 505 feet thereof, Washington county, MN described as follows: Beginning at the southwest corner of said South 1725 feet of the East. 505 feet of the west half of the Southeast quarter; thence north 00 degrees, 21 minutes, 51 seconds west, washington county coordinate system NAD B. c.History The Goetschl Farm, as recognized by many among the community, was built in 1912 and encompassed 200 acres. The land and outbuildings (barn, grainery, 3 silos, 2 pole sheds, corn bin, and 8 storage sheds) supported a large agricultural operation of dairy and crop farming until 2007. In 2010, the Hecker’s became the 2nd owners of the property, purchasing the homestead and 10 acres with the remaining 190 acres being sold to a developer in 2013. In the past ﬁve years, we have completely renovated the home, removed 5 sheds that were in disrepair, and 3 silos. This proposed use is being sought to aide in the preservation and renovation of the farmstead outbuildings (Dairy barn and grainery). Without a newly defined use, the structures would fall further into disrepair and potentially disappear from the landscape. No intensive regrading of the site is proposed in order to retain the farmstead character. d.Proposed Use i. Proposal Letter: See attachment (2.d.i) ii. Consent Agreement: See attachment (2.d.ii) e.Justiﬁcation of Use i.Ordinance NO. 08 - 107. Commercial Wedding Ceremony Venues allowable in RT, A, !a n d R R . 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 “cap” the volume and limit the sound decibel to 115dB. b.Owner will enforce noise regulation in the contractual agreement with the customer. !!!c. Owner will plant a tree barrier on North boundary to help mitigate noise ! ! ! for future development. 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.Trafﬁc queuing will form in our driveway for entry/exit. The distance between the parking lot and entry/exit is approximately 1200 feet, which will encourage a safe, steady ﬂow of vehicles regulated by a SLOW posted speed limit. This “waiting line” will be monitored by the attendant upon departure to mitigate congestion on 50th. c.Trafﬁc metering by means of the attendant is a contingency plan if queuing isn’t sufﬁcient enough for manageable distribution. d.Owner will post temporary signs indicating distance to driveway to mitigate turn-around trafﬁc (1-hr prior, both directions of drive-way). *Owner will post signs to mitigate speed, encourage caution for crossway, and enforce noise regulation. !!3. Unsightliness a.Portable, rented sanitation facilities will have a temporary structure built to minimize the visual appearance. b.Parking areas will remain grass and driveways will remain gravel (class 5) in lieu of blacktop or other impervious surfaces. iii.The use is in-line with the comprehensive plan and supports: !!1. Preservation of rural lands !!2 . Enhancement of community’s rural sense of place !i v . Not applicable - Primary residence, structures are existing. 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. 3.Tax record for veriﬁcation of ownership (See attachment 3). 4.Address Labels (See attachment 4). 5.Survey (See attachment 5). 6.Landscape Plan (See attachment 6). 7.Architectural plans (See attachment 7). 8.Utilities & Service Plans. !a. Sanitary Sewers: N/A. Operator to contract for rented temporary sanitation facilities. ! Waste would be managed weekly by the professionally hired company. !b.Storm Sewers: Operator is not planning to do any intensive grading to parking area. ! The proposed grassy parking lot promotes the conveyance of storm water at a slower, ! controlled rate and acts as a ﬁlter medium removing pollutants and allowing ! stormwater inﬁltration. Currently, natural ditch formations efﬁciently transport the water. ! Catch-dams will be evaluated upon relocation of granery to mitigate any potential soil ! erosion with a civil engineer. c.Water, gas lines, telephone lines, ﬁre hydrants are not applicable. ! d. Trash receptacles will be placed by the sanitation facilities and inside of the barn ! venue. 9.Electronic Files (See attachment 9). ! Project No: Drawn By: Checked By: Date: Sheet Information BARN RENOVATION RLT 11-04-15 Drawing No: A1 ALTERATIONS TO THE PROPERTY OF; DANIELLE HECKER 11658 50TH STREET NORTH LAKE ELMO, MN 55042 612-327-8561 Revisions Item Date EXISTING BARN VIEWED FROM NORTHWEST PROPOSED BARN VIEWED FROM NORTHWEST ADDED NORTH ENTRY, DECK/PATIO WITH HANDICAPPED ACCESS EXISTING BARN VIEWED FROM SOUTHEAST PROPOSED BARN VIEWED FROM SOUTHEAST SIDING IMPROVEMENTS TO REMEDY REMOVED ACCESSORY STRUCTURES PROPOSED BARN VIEWED FROM SOUTHEAST BARN DOORS OPENED TO EXPOSE NEW WINDOWS ON SOUTH ELEVATION SCOPE OF PHASE ONE EXTERIOR REMODELING WORK ON EXISTING BARN: HISTORIC PHOTO OF DAIRY BARN UNDER CONSTRUCTION SCOPE OF WORK; THE WORK WILL BE DONE IN PHASES AND PRIORITIZED TO PRESERVE THE LONGEVITY OF THE STRUCTURE. THE LIST BELOW IS IN NO PARTICULAR ORDER AND WILL BE REFINED AS EACH PHASE IS DEFINED. - REPLACE ROOF - PATCH AND REPAIR - NORTH ELEVATION; PROVIDE HANDICAPPED ACCESSIBLE ENTRY, CODE COMPLIANT EXITING AND GREETING AREA - WEST ELEVATION; PROVIDE CODE COMPLIANT EXITING AS REQUIRED - SOUTH ELEVATION; INSTALL DAYLIGHTING / WINDOWS INSTALL SLIDING BARN DOOR STYLE SHUTTERS - EAST ELEVATION; PROVIDE CODE COMPLIANT EXITING AS REQUIRED - REPLACE DETERIORATED AND BROKEN TRIM, WINDOWS AND SIDING AS REQUIRED - PATCH TO MATCH AS CLOSELY AS POSSIBLE, SIDING IN AREAS WHERE ADJACENT CONSTRUCTION WAS REMOVED - INSTALL GUTTER AND DOWNSPOUT SYSTEM TO PROVIDE DRAINAGE AWAY FROM FOUNDATION OF BUILDING - TUCK POINT EXISTING STONE FOUNDATION AS REQUIRED Traverse PC LEGEND OVERSTORY DECIDUOUS TREES COMMON NAMEQTY. River Birch Red Maple White Pine PLANT SCHEDULE 17 White Spruce White Cedar, arborvitae Red Pine TOTAL TREES22 BOTANIC NAME SIZE COMMENTS Betula nigra 2 1/2" Cal. Acer rubrum Pinus strobus Picea glauca Thuja occidentalis Pinus resinosa CONIFEROUS TREES 1 1/2" Cal. L1 1 SITE PLAN / LANDSCAPING PLAN Scale: 1" = 30' -0" 0 30 60 TOMTEN ENVIRONMENTAL DESIGN 333 North Main Street, Suite 201 Stillwater, MN 55082 651.303.3275 rogertomten@comcast.net SH E D BA R N RELOCATED GRAINERY EXISTING GRAINERY LOCATION 66 GRASS PARKING STALLS NE W C L A S S 5 D R I V E Project No: Drawn By: Checked By: Date: Sheet Information SITE LANDSCAPING PLAN RLT 11-04-15 Drawing No: L1 SURVEY INFORMATION PROVIDED BY; PJ LAND SURVEYING, LLC 12510 MCKUSICK ROAD NORTH STILLWATER, MN 55082 651-303-0025 ALTERATIONS TO THE PROPERTY OF; DANIELLE HECKER 11658 50TH STREET NORTH LAKE ELMO, MN 55042 612-327-8561 Revisions Item Date 11 ' 4 " 141' 0 " 100'-0" EXISTING TREES 13 26 22 6 TEMPORARY TOILETS HC ACCESSIBLE ENTRY PATIO 5 7' 9 " GARDEN PARKING TYP. STALL SIZE: 9'x18' DRIVE AISLES: 24' 2 HANDICAPPED STALLS PROVIDED PAGE 1 of 1 MEMORANDUM Date: December 7, 2015 To: Stephen Wensman, City Re:Commercial Wedding Ceremony Venue Cc: Planner Ben Gozola, Senior Planner, Sambatek IUP Plan Review From: Jack Griffin, P.E., City Engineer Engineering has reviewed the Commercial Wedding Venue Site Plan. The submittal consisted of the following documentation prepared by Tomten Environmental Design:  Site Plan, dated November 4, 2015.  IUP Application. STATUS/FINDINGS: Engineering has prepared the following comments for consideration. 1. 50th Street access management. As a commercial driveway to the Wedding Venue access spacing requirements are not met with respect to the proposed Legends development. Safety along 50th Street must be appropriately managed along the entire corridor as opportunities arise. With the potential Legends development adjacent to this site, adequate access management spacing must be managed between the two proposals. It is recommended that the existing farm parcel (Hecker) be required to connect its driveway to the new roadway internal to the Legends development to eliminate the commercial driveway access to 50th Street N. This is required to meet current access spacing guidelines should the Hecker parcel become a commercial use. It also appears that this can be accomplished without requiring the commercial use driveway traffic to route through the residential neighborhood by requiring the driveway connection close to 50th Street. 2. 50th Street Pedestrian facilities: A bituminous trail should be incorporated along the north boulevard of 50th Street N. to improve pedestrian safety and work toward future trail connectivity. Segments of a bituminous trail currently exist along 50th Street N. alternating from the north to south side of the road. As traffic continues to increase on 50th Street N. it is critical for the City to create a continuous bituminous trail along the north side of 50th Street, from Old TH5 to Lake Elmo Avenue. The applicant should be required to dedicate the necessary R/W (if necessary) and construct a trail segment across the applicant’s property. 3. Commercial driveway requirements. The proposed commercial driveway should be a minimum of 18 feet in width and be designed as a 7‐ton roadway. The driveway should be able to accommodate a turnaround with a minimum 45‐foot radius or have secondary access. The intersection at 50th Street N. if allowed to remain, should be reconstructed at 90‐degrees to improve sight lines. 4. Stormwater Management & Erosion Control. If approved, the applicant must submit an erosion control plan to be reviewed and approved by the City. The application should also provide the total area of disturbance, and total area of new impervious surface to determine if a stormwater management plan is required. 5. Fire Safety. Should watermain be required for fire suppression, engineering will need to review and comment on watermain facilities and easement requirements interior to the site. FOCUS ENGINEERING, inc. Cara Geheren, P.E. 651.300.4261 Jack Griffin, P.E. 651.300.4264 Ryan Stempski, P.E. 651.300.4267 Chad Isakson, P.E. 651.300.4285