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HomeMy WebLinkAbout2013-12-16 PACKET 06.2.STAFF REPORT CASE: TAI 3-036 ITEM: 6.2 PUBLIC MEETING DATE: 12/16/13 TENTATIVE COUNCIL REVIEW DATE: 1/15/13 APPLICATION APPLICANT: City of Cottage Grove REQUEST: A zoning ordinance text amendment to City Code Title 11- 2 -10C, Interim Conditional Use Permits, to define Interim Special Events and to allow Interim Special Events by interim conditional use in all zoning districts, subject to established performance standards. SITE DATA LOCATION: N/A ZONING: N/A GUIDED LAND USE: N/A LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED NORTH: N/A N/A EAST: N/A N/A SOUTH: N/A N/A WEST: N/A N/A SIZE: N/A DENSITY: N/A RECOMMENDATION G�ove a COTTAGE GROVE PLANNING DIVISION %em WNEe endy'o'Petlty Meet Planning Staff Contact: John M. Burbank, Senior Planner, 651- 458 -2825, Iburbank (a arove.org Application Accepted:_ N/A 60 -Day Review Deadline: N/A City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Planning Staff Report Case TA2013 -036 Zoning Text Amendment — Special Events December 16, 2013 Proposal The Cottage Grove Community Development Department is seeking consideration for a zoning or- dinance text amendment to City Code Title 11- 2 -10C, Interim Conditional Use Permits, to define Interim Special Events and to allow Interim Special Events by interim conditional use in all zoning districts, subject to established performance standards. Background Within the Twin Cities region, and specifically Cottage Grove, there are occurrences of events such as haunted houses, corn mazes, marathons, food fairs, music festivals, concerts, and other similar uses. These uses are commonly temporary in nature, include large numbers of the general public, and are typically not conventionally located from a zoning perspective. After reviewing this subject of these events, the City's Technical Review Committee identified that the City currently regulates special events in Title 5 of the City Ordinance, but does not address uses not listed in the defi- nition. In City Code Title 5, Special Events are defined as follows: SPECIAL EVENT.. Any concert, fair, show, festival, carnival, rally, party, tournament, street dance, or other attended outdoor entertainment or celebration that is to be held on public or private property or any event that will require the use of special services as determined by the city. It was also noted that Title 5 -5 -313(4) has a specific exception listed for interim CUPs. If a special event requires an interim CUP, then no other permit is required under Title 5 -5. The proposed amendment clearly establishes the definition of Interim Special Event and creates ordinance language allowing for processing of Interim Special Events as an Interim Conditional Use Permit in all zoning districts within the community. The proposed definition of Interim Special Event included in the amendment is as follows; Interim Special Event; A large indoor or outdoor event that occurs in any zoning district, is tempo- rary in duration, may have an annual reoccurrence, and has the potential to increase the intensity of a site's land use, parking, traffic generation, or creates an increased demand on City infrastruc- ture or services or any other use determined to be an Interim Special Event by the Community Development Director. As proposed, the definition does not include an all- inclusive list of qualifying uses as is the case for Special Events identified in Title 5 -5. Instead, it is proposed in the amendment, that the classifica- Planning Staff Report Planning Case No. TA2013 -036 — Interim Special Events December 16, 2013 Page 2 of 5 tion of a use as an Interim Special Event would be at the discretion of the Community Development Director. The balance of the amendment as drafted establishes the process allowing uses classified as an Interim Special Event to be processed by the City as an Interim Conditional Use Permit (ICUP). The specific portion of the code being impacted by the text amendment is Title 11- 2 -10B, Interim Conditional Use Permits. Interim conditional uses are currently regulated by the criteria established within Title 11 -2 -10B of the City Code, which is included below: 11 -2 -108: INTERIM CONDITIONAL USE PERMITS: B. Criteria for Issuance: In addition to the criteria listed in subsection 11 -2 -9 F of this Chap- ter, the criteria for granting interim conditional use permits shall be as follows: 1. The period of time for which the interim conditional use permit is to be granted will termi- nate before any adverse effects are felt upon adjacent property. 2. There shall be adequate assurance that the property will be left in suitable condition after the use is terminated. 3. The use conforms to the zoning regulations. 4. The date or event that will terminate the use can be identified with certainty. 5. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future. 6. The user agrees to any conditions that the governing body deems appropriate for per- mission of the use. (Ord. 610, 2 -15 -1995) As noted in Title 11 -2 -10B above, Interim Conditional uses are subject to the additional criteria established in Title 11 -2 -9F which is listed below. 11 -2 -9F: CONDITIONAL USE PERMITS: 1. The use will be in conformity with the City's Comprehensive Plan and with the purpose, intent and applicable standards of this Title. 2. The use shall be located, designed, maintained and operated to be compatible with the existing or intended character of that zoning district in which it is located. 3. The use shall not depreciate values of surrounding property. 4. The use shall not be hazardous, detrimental or disturbing to present and potential sur- rounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vibra- tion, general unsightliness or other nuisances. 5. The use shall generate only minimal vehicular traffic on local streets as defined by the transportation element of the Comprehensive Plan. The use shall not create traffic conges- tion, unsafe access or parking needs that will cause inconveniences to the adjoining pro- perties. Planning Staff Report Planning Case No. TA2013 -036 — Interim Special Events December 16, 2013 Page 3 of 5 6. The use shall be served adequately by essential public services, such as streets, police, fire protection and utilities. 7. The use shall not create excessive additional requirements at public cost for public facili- ties and services and shall not be detrimental to the economic welfare of the City. 8. The use shall preserve and incorporate the site's important natural and scenic features into the development design. 9. The use shall cause minimal adverse environmental effects. 10. The use shall not adversely affect the potential development of adjacent vacant land. Performance Standards The draft ordinance includes new performance standards that will be applicable to all Interim Special Events. Performance standards. In addition to meeting the standards listed in Title 11 -2 -9F and Title 11- 2 -10B, all uses classified as an Interim Special Events, except those sponsored by the City, shall meet the following performance standards; 1. Be less than 60 days in length. 2. Not exceed two events per year per property. 3. Be renewed annually. 4. Submit a site plan detailing event location on site including parking, ingress /egress routes, restroom facilities, trash locations and other event operation and management information. 5. Provide safe access routes to the site. 6. Provide off street parking sized to accommodate the needs generated by the use. 7. Provide setbacks of at least 30 feet from all property lines. 8. Meet relevant requirements of the Americans with Disabilities Act. 9. Obtain all relevant liquor licenses. 10. Have a minimum of one off -duty police officer on site for the duration of the event if licensed to sell liquor. 11. Limit uses of buildings to the maximum occupancy rated by the City Building Official. 12. Limit uses of tents to the maximum occupancy rated by the City Building Official. 13. Provide sanitary restroom facilities to meet occupancy ratings established by the City Building Official. 14. Trash and recycling collection shall be provided on site during each event. 15. Trash and recycling containers are not allowed to overflow. 16. Trash and recycling shall be removed from site during and after each event. Planning Staff Report Planning Case No. TA2013 -036 — Interim Special Events December 16, 2013 Page 4 of 5 17. Music is limited to indoor buildings only for events that are not designated and approved as a music festival or concert. 18. The hours of operation for events without music shall be limited from 8:00 a.m. to 11:00 p.m. 19. The hours of operation for events with music shall be limited to 6:00 p.m. to 10:00 p.m. 20. Each Interim Special Event shall submit a sign package including size, quantity, and location for each event. 21. Inflatable balloons /statues /structures, if utilized, shall be included in sign package. 22. Interim Special events that are non - compliant with the performance standards in this section or the conditions included in the resolution of approval may be subject to imme- diate shutdown by the Police Department. 23. Interim Special events that are non - compliant with the performance standards in this section or the conditions included in the resolution of approval may be subject additional review by the City Council and possible revocation or modification of the permit. 24. Interim Special Events shall pay the annual interim conditional use fee as established in the City's annual fee schedule. 25. The cost incurred by the City to monitor or enforce the conditions of the ICUP shall be billed to and paid by the Interim Special Event promoter. 26. The property proposed to be used for an Interim Special Event must be located with direct access to a collector or arterial street as identified in the comprehensive plan. 27. The property must have at least two points of unobstructed emergency vehicle access to each building or temporary structure. 28. Exterior lighting must be designed and installed so that the light source is recessed and enclosed on all sides except the bottom so that no light is cast beyond the property line. 29. All on -site food sales and preparation shall be licensed and inspected by the Washing- ton County Health Department. 30. The event shall be in compliance with the City's noise ordinance. 31. Submit all applicable permits (i.e., building, electrical, grading, mechanical) prior to the commencement of any construction activities. Detailed construction plans must be re- viewed and approved by the Building Official. Summary A. The current ordinance language included in Title 5 has a limited list of events classified as Special Events. B. The current Ordinance Criteria in Title 5- 5- 3(B)(4) has a specific exception listed for interim cups. Planning Staff Report Planning Case No. TA2013 -036 — Interim Special Events December 16, 2013 Page 5 of 5 C. The current Ordinance Criteria is silent as to allowing Special Events as an Interim Conditional Use in the different zoning districts within the City. D. The text amendment as proposed in the attached draft ordinance affords flexibility for the Coun- cil to address on a case -by -case basis the parameters of specific unique and Interim Special Events that can be successfully accommodated on certain properties within the community. E. Interim Special Events when operated in a proper manner have been identified as adding a beneficial thread to the fabric and vitality of the community. F. The regulation of Interim Special Events allows for temporary community approved events that may be not consistent with the designated land use and zoning in place for affected properties. G. The Interim Special Events will need to meet established performance standards. Recommendation For the Planning Commission to recommend that the City Council approve an ordinance amend- ment defining Interim Special events, and including Interim Special Events as a temporary use permitted by interim conditional use permit in all zoning districts, subject to established perfor- mance standards. Prepared by: John M. Burbank, AICP Senior Planner Attachments: Proposed Ordinance Amendment 1 ORDINANCE NO. XXX 2 3 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING 4 CHAPTER 11 -1 -3: RULES OF WORD CONSTRUCTION; DEFINITIONS, AND:11- 2 -10C, 5 INTERIM CONDITIONAL USE PERMITS, OF THE COTTAGE GROVE CITY CODE 6 RELATING TO SPECIAL EVENTS IN ALL ZONING DISTRICTS 7 8 9 The City Council of the City of Cottage Grove, Washington County, Minnesota, does 10 hereby ordain as follows: 11 12 SECTION 1. AMENDMENT "The Code of the City of Cottage Grove, County of 13 Washington, State of Minnesota," shall be amended by amending Section 11 -1 -3 to include the 14 definition for special events as follows: 15 16 11 -1 -3• RULES OF WORD CONSTRUCTION: DEFINITIONS: 17 18 Interim Special Event - A large indoor or outdoor event that occurs in any = zoni = ng = district is 19 temporary in duration, may have an annual reoccurrence, and has the potential to increase the 20 intensity of a site's land use parking, traffic generation or creates an increased demand on City 21 infrastructure or services or any other use determined to be an Interim Special Event by the 22 Community Development Director 23 24 SECTION 2. AMENDMENT "The Code of the City of Cottage Grove, County of 25 Washington, State of Minnesota," shall be amended by amending Section 11 -2 -10C to read as 26 follows: 27 28 Sec. 11- 2 -10C, Interim Conditional uses 29 30 A. Procedures: Procedures for application for interim conditional use permits, the public hearing 31 before the planning Commission and action by the City Council shall be the same as 32 provided for other conditional use permits in Section 11 -2 -9 of this Chapter. 33 B. Criteria for Issuance: In addition to the criteria listed in subsection 11 -2 -9 F of this Chapter, 34 the criteria for granting interim conditional use permits shall be as follows: 35 1. The period of time for which the interim conditional use permit is to be granted will 36 terminate before any adverse effects are felt upon adjacent property. 37 2. There shall be adequate assurance that the property will be left in suitable condition 38 after the use is terminated. 39 3. The use conforms to the zoning regulations. 40 4. The date or event that will terminate the use can be identified with certainty. Ordinance No. XXX Page 2 of 4 41 5. Permission of the use will not impose additional costs on the public if it is necessary for 42 the public to take the property in the future. 43 6. The user agrees to any conditions that the governing body deems appropriate for 44 permission of the use. (Ord. 610, 2 -15 -1995) 45 C. Listing Of Temporary Uses: In all districts, interim conditional uses shall be as follows: (Ord. 46 610, 2 -15 -1995; amd. 2000 Code) 47 Any use, in the event there is a threatened involuntary conversion of a parcel of land within a 48 certain time; provided, that all owners, tenants and lessees waive all rights to relocation 49 benefits and assistance or compensation for leasehold improvements installed pursuant to 50 the conditional use, by written agreement satisfactory to the condemning authority. 51 Blacktop or crushing plants for roadway materials 52 Housing development promotional signs. 53 Stockpiling of materials. 54 Temporary structures. 55 Interim Special Events subject to the following performance standards 56 Interim Special Event performance standards. 57 all uses classified as a Special Events except those sponsorec 58 following performance standards: 59 60 1. Be less than 60 days in length. 61 2. Not exceed two events per year per property. 62 3. Be renewed annually for the first three years of operation. 63 4. Submit a site plan detailing event location on site including parking, ingmss/earess 64 routes, restroom facilities, trash locations and other event operation and manage - 65 ment information. 66 5. Provide safe access routes to the site. 67 6. Provide off street parking sized to accommodate the needs generated by the use. 68 7. Provide setbacks of at least 30 feet from all property lines. 69 8. Meet relevant requirements of the Americans with Disabilities Act. 70 9. Obtain all relevant liquor licenses. 71 10. Have a minimum of one off -duty police officer on site for the duration of the event if 72 licensed to sell liquor. 73 11. Be held between the dates of May 1 and November 30. Ordinance No. XXX Page 3 of 4 74 75 76 12. 13. 14. Limit uses of buildings to the maximum occupancy rated by the City Building Official. Limit uses of tents to the maximum occupancy rated by the City Building Official. Provide sanitary restroom facilities to meet occupancy ratings established by the Citv 77 78 15. Building Official. Trash and recycling collection shall be provided on site during each event. 79 80 16. 17. Trash and recycling containers are not allowed to overflow. Trash and recycling shall be removed from site during and after each event. 81 18. Music is limited to indoor buildings only for events that are not designated and ap- 82 83 19. proved as a music festival or concert. The hours of operation for events without music shall be limited from 8:00 a.m. to 84 85 20. 11:00 p.m. The hours of operation for events with music shall be limited to 6:00 p.m. to 10:00 86 87 21. Vim. Each Interim Special Event shall submit a sign package including size, quantity. and 88 89 22. location for each event. Inflatable balloons/statues /structures, if utilized, shall be included in sign package. 90 23. Interim Special events that are non - compliant with the performance standards in this 91 section or the conditions included in the resolution of approval may be subject to 92 93 24. immediate shutdown by the Police Department. Interim Special Events that are non - compliant with the performance standards in this 94 section or the conditions included in the resolution of approval may be subject 95 additional review by the Cbty Council and possible revocation or modification of the 96 97 25. Interim Special Events shall pay the annual interim use fee as established in the 98 99 26. City's annual fee schedule. The cost incurred by the City to monitor or enforce the conditions of the ICUP shall 100 101 27. be billed to and paid by the Interim Special Event promoter. The property proposed to be used for an Interim Special Event must be located with 102 direct access to a collector or arterial street as identified in the comprehensive plan. 103 28. The property must have at least two points of unobstructed emergency vehicle 104 105 29. access to each building or temporary structure. Exterior lighting must be designed and installed so that the light source is recessed 106 and enclosed on all sides except the bottom so that no light is cast. 107 30. All on -site food sales and preparation shall be licensed and inspected by the 108 109 31. Washington County Health Department. The event sha11 be in compliance with the City's noise ordinance. Ordinance No. XXX Page 4 of 4 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 32. Submit all applicable permits (i.e.. building, electrical, gradinq mechanical) prior to the commencement of anv construction activities. Detailed construction plans must be reviewed and approved by the Building Official. SECTION 3. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. SECTION 4. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this 15th day of January 2014. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk Published in the South Washington County Bulletin on [Date].