HomeMy WebLinkAbout[07] Rolling Ridge Event Center +�11 Planning Commission Agenda Item 7
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MEETING DATE: June 13, 2016
AGENDA ITEM: Special Use and Variance Discussion
SUBMITTED BY: Community Development
STAFF RECOMMENDATION: Provide Input
PREVIOUS PLANNING COMMISSION ACTION: On April 3, 2014 the City Council granted a
special use permit to operate an event center as well as a variance from paving the parking lot at Rolling
Ridge Events Center after a review and recommendation to approve was made by the Planning
Commission. The approved variance allowed for such relief from the zoning ordinance provided the
events center was seasonal. Once the center becomes a year round facility, the property owner would be
required to meet the city's parking lot requirements.
BACKGROUND INFORMATION: Randy Schmitz, owner of Rolling Ridge Event Center located at
31101 County Road 133 would like to operate into the fall and winter season and maintain the existing
grass and gravel parking area. The approved special use permit is for a seasonal business operating from
May 1 through October 31st annually. Typically, this would require the special use permit and variance
be amended and would trigger a public hearing. Randy has not submitted formal requests (applications)
to amend the special use permit and variance but has asked to operate through this fall and winter as a
trial and have continued relief from paving his parking lot.
One of the reasons Randy is looking for relief from the paving is due to his venue and setting. His
business operates as a rural business. Staff would encourage Planning Commissioners to go out to the
site as once you are on the site it does feel like you are in a rural setting. While the City has a
requirement for parking, this type of business is extremely unique and when looking at granting a
variance that is a qualifying factor.
ATTACHMENTS: Request for Action
Site Plan
Special Use Permit for Events Center
Variance from Parking Lot Improvements for Events Center
REQUESTED PLANNING COMMISSION ACTION: Discuss and Provide Input
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STATE OF MINNESOTA CITY OF ST.JOSEPH
COUNTY OF STEARNS SPECIAL USE PROCEEDINGS
FINDINGS OF FACT AND DECISON
In the matter of:
Randy Schmitz, Rolling Ridge Properties, LLC
Special Use Permit to allow for Events Center
On February 3,2014,the St.Joseph Planning Commission conducted a public hearing to
consider the application of Randy Schmitz for special use to allow recreation services such as theaters,
bowling establishments and clubs and lodges. The matter was duly published and notice was provided
to property owners within 350 feet of the above referenced property. Needing additional information,
the Planning Commission tabled action on the Special Use Request to Mach 3,2014.
LEGAL DESCRIPTION: That part of the East 990 feet of the Southeast Quarter of the Southwest
Quarter(SE%SW%)of Section 2,Township 124, Range 29 lying Northerly of
County Road. Subject to Road Easement described as follows: The East 2 rods
of that part of S%of SW%of Section 2,Township 124, Range 29 lying North of
County Road 133. Also,the North 2 rods of the East 990 feet of said S%Z of SW
%;Also,the Southerly 2 rods of the Easterly 675 feet of said S%2 of SW% lying
Northerly of said County Road as measured along the Northerly right of way of
said road. Tract consisting of approximately 13.92 acres, more or less.
PROPERTY ADDRESS: 31101 County Road 133
ZONING CLASSIFICATION: B2, Highway Business
ORDINANCE REFERENCES:
1. St.Joseph Code of Ordinance 52.32 Subd. 1 states the Highway 75 Business District is
intended to control the use and development of land an improvements by creating a mixed
land use district near and adjacent to the County State Aid Highway 75 corridor in the City of
St.Joseph.
2. St.Joseph Code of Ordinances 52.32 Subd. 4(i)requires issuance of a special use permit for
recreations services such as theaters, bowling establishments and clubs and lodges. The
proposed events center is similar in nature to the aforementioned.
3. St.Joseph Code of Ordinances 52.07 Subd. 3 identifies the process for,securing a special use
permits and the standards for granting the same.
a.
b.
C.
d.
e. Identifies standards for granting a special use permit and include: will not be
detrimental to or endanger public health, safety, morals, comfort,or general
welfare of the neighborhood; will be harmonious to the neighborhood;will not
change the characteristics of the neighborhood,will be adequately served by
facilities and services;will not create excessive additional costs for services;will not
involve activities that involve excessive noise, production of traffic,fumes,glare or
odors;will not create traffic congestion;will have adequate facilities for off street
parking; will not result in the loss or damage of historic property.
4. St.Joseph Code of Ordinances 52.07 Subd. 3
a. .....
b.
C.
d.
e. .....
f. .....
g. .....
h. provides the Planning Commission and City Council the authority to place conditions
when issuing a special use permit in order to protect the best interests of the
surrounding area or of the City as a whole and identifies examples of conditions
which include:traffic management for ingress and egress to the property;off-street
parking; refuse and service areas;fencing and landscaping; signage; open space
requirements;general compatibility conditions.
The Planning Commission accepted the following testimony:
1. Steve Gohman expressed concern that as an adjacent land owner with cattle he was
concerned about trespass. Through discussion it was determined that the property line
is fenced thereby reducing the trespass issue.
Upon the hearing being closed,the Planning Commission deliberated the following:
1. Understanding of the type of events center and that it would be predominately weddings or
high end events. All events would include catered food and alcohol
2. Management of alcohol on the site, requesting additional information from the Police Chief
3. Management of the site in relation to traffic and impacts to CR 133
4. Assurance of life safety measures and fire protection
5. The special use would not grant development rights until the building code issues have been
resolved.
6. Requested additional information on overall sight management.
In an effort to gather additional information,the Planning Commission tabled action on the public
hearing to the March 3,2014 Planning Commission meeting, at which the following information was
presented for deliberation:
1. Insurance—The property owner should provide the City annually with a certificate of
insurance, providing proof of insurance as an events center or gathering space.
2. Alcohol—The Rolling Ridge Conference Center will not include an on/off sale liquor license.
The facility is used for private parties only, not open to the public. Therefore, if alcohol is
served on the premise, it must be provided by a vendor with a current MN Caterers license.
The property owner is responsible for providing the City with a copy of the MN License for
each event. Additionally,
a. Alcohol can only be consumed in designated areas
b. Alcohol cannot be taken beyond the east pillars leading to the parking lot. The property
owner will mark the area with a sign indicating no "liquor beyond this point".
c. The property owner should further delineate the point where alcohol cannot leave the
property by adding plantings to each side of the pillars leading to the parking lot.
3. Noise—Outdoor music is allowed and shall be governed by St.Joseph Code of Ordinances
102, Noise.
4. Seasonal Business—The current special use permit allows special event venues from May 1
through October 31 annually.
5. Parking—All parking must be in designated areas and parking on CR 133 is prohibited.
6. Guest Suite—The proposed convention center includes a guest suite to be utilized by the
Bride and Groom or CEO reserving the facility.
a. The suite can only be occupied for one night
b. The suite will serve as a bread and breakfast with no cooking permitted in the suite.
Food must be catered.
c. The rental inspector shall annually inspect the unit to assure life safety measures are
satisfied. Typical rental inspection fees shall apply.
7. Recreational Bonfires—any recreational bonfire must be located in a designated area
approved by the Fire Chief. During use proper fire safety measures must be in place, such as
a hose and water.
8. Inspection—The City reserves the right to inspect the property at any time.
9. Signage—All signage must be in accordance to St.Joseph Code of Ordinance 52.11.
10. Development Rights—The special use permit does not become valid until all building code
issues have been resolved and the building is in conformance.
DECISION AND CONCLUSION
Based on the Finding of Fact,the St.Joseph Planning Commission recommends the St.Joseph
City Council issue a Special Use Permit based on the following conclusions:
1. St.Joseph Code of Ordinances 52.32 Subd. 4()) requires issuance of a special use permit for
recreations services such as theaters, bowling establishments and clubs and lodges. The
proposed events center is similar in nature to the aforementioned.
2. The Special Use Permit allow for special events such as weddings and corporate events,
where food and beverages are part of the venue. The Special Use Permit excludes events
that are exclusively entertainment in nature.
3. The Special Use Permit is contingent upon meeting the requirements set forth in
deliberation items 1-10.
Based on the foregoing Finding of Fact of the St.Joseph Planning Commission,the request for Special
Use to allow recreation services such as theatres, bowling establishments and clubs and lodges at 31101
County Road 133 is hereby granted to Randy Schmitz, Rolling Ridge LLC with the conditions as stated
above.
Adopted this day of 2014.
CITY OF ST.JO
7/ ak s�";�-
Rick Schultz, Mayor
C
udy eyr ns,Admini rator
THIS INSTRUMENT WAS DRAFTED BY:
City of St.Joseph
PO Box 668
St.Joseph MN 56374
Telephone: (320)363-7201
STATE OF MINNESOTA CITY OF ST.JOSEPH
COUNTY OF STEARNS VARIANCE PROCEEDINGS
FINDINGS OF FACT AND DECISON
in the matter of:
Randy Schmitz, Rolling Ridge Properties, LLC
Variance Requesting Parking Lot Improvement Relief
On February 3,2014,the St.Joseph Planning Commission conducted a public hearing to
consider the application of Randy Schmitz for a variance to relieve strict enforcement of the parking lot
requirements as they relate to his application for a special use permit to operate a events center in a
historical barn. The matter was duly published and notice was provided to property owners within 350
feet of the above referenced property. Needing additional information,the Planning Commission
tabled action on the Special Use Request to Mach 3, 2014.
LEGAL DESCRIPTIOIV: That part of the East 990 feet of the Southeast Quarter of the Southwest
Quarter(SE%SW'/<)of Section 2,Township 124, Range 29 lying Northerly of
County Road. Subject to Road Easement described as follows: The East 2 rods
of that part of S%of SW%of Section 2,Township 124, Range 29 lying North of
County Road 133. Also,the North 2 rods of the East 990 feet of said S%2 of SW
%;Also,the Southerly 2 rods of the Easterly 675 feet of said S%Z of SW%lying
Northerly of said County Road as measured along the Northerly right of way of
said road. Tract consisting of approximately 13.92 acres, more or less.
PROPERTY ADDRESS: 31101 County Road 133
ZONING CLASSIFICATION: 62, Highway Business
ORDINANCE REFERENCES:
1. St.Joseph Code of Ordinance 52.07 Subd. 2
a) Administration. A variance may be granted to allow a property owner to deviate from
the specific development standards applicable to a particular district.A variance shall
not be granted to allow a use that is not otherwise permitted in the district involved.
In granting a variance the Board,or the Council in reviewing the Board's decision, may
prescribe appropriate conditions in conformity with this Ordinance to protect properties
and the health and safiety of persons residing or working in the neighborhood. In
recommending any adjustment or variance under the provision of this Section,the
Board of Zoning Adjustment shall designate such conditions in connection therewith as
well, in its opinion,secure substantially the objectives of the regulation to which the
adjustment or variance is granted,as to light, air and the public health, safety, comfort,
convenience and general welfare.
When such conditions are made part of the terms under which the variance is granted,
violation of the conditions is a violation of this Ordinance. A variance shall not be
granted by the Board,or by the Council upon review, unless they find the following
facts:
1. The variance requested is consistent with the adopted St.Joseph Comprehensive
Plan.
2. The variance requested is harmonious with the general purposes and intent of the
governing Zoning District Ordinance.
3. The Applicant establishes that there are`practical difficulties' in complying with the
zoning ordinance. Practical difficulties as used in connection with the granting of a
variance shall mean:
a. The property owner proposes to use the property in a reasonable manner
not permitted by the zoning ordinance.
b. The plight of the landowner is due to circumstances unique to the property
not created by the landowner.
c. The variance, if granted will not alter the essential character of the locality.
4. Economic considerations alone shall not constitute practical difficulties under the
terms of this Ordinance.
5. Practical difficulties shall include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
6. Variances shall be granted for earth sheltered construction as defined in MN Statute
216C.06,Subd. 14 as may be amended,when in harmony with the zoning
ordinance.
2. St.Joseph Code of Ordinances 52.10 Subd. 4(i) requires in all districts where off-street parking lots
are permitted or required such off-street parking shall be constructed and maintained subject to
the following regulations:
a. .....
b. .....
c. .....
d. Such parking lots shall be constructed and maintained in a useable condition,with a
hard surface consisting of concrete,bituminous,pavement or paver stone designed to
drain and dispose of surface water. Recycled bituminous or concrete shall be prohibited
except as permitted in an industrial area by special use permit or variance.
3. St.Joseph Code of Ordinances 52.32 Subd. 5 Conditions Applicab/e to all Specia/Use Permits:
requires:
a. .....
b. .....
c. .....
d. .....
e. The entire site other than that taken up by a building, structure or plantings shall be
surfaced so as to control dust subject to the approval of the City Engineer.
f. The entire area shall have a drainage system subject to the approval of the City
Engineer.
The Planning Commission accepted the following testimony:
1. Steve Gohman expressed concern that as an adjacent land owner with cattle he was
concerned about trespass. Through discussion it was determined that the property line
is fenced thereby reducing the trespass issue.
Upon the hearing being closed,the Planning Commission deliberated the following:
1. Application of zoning Ordinances and when variances are granted
2. Does the venue of a rural setting create a need for a variance
In an effort to gather additional information,the Planning Commission tabled action on the public
hearing to the March 3, 2014 Planning Commission meeting,at which the following information was
presented for deliberation:
1. The applicant is proposing to use the property consistent with the Comprehensive Plan.
2. The variance requested is harmonious with the adjacent area as the property is part of a 40
acre farmstead.
3. The property owner is requesting relief from the parking lot provisions to keep the property
in a rural setting and paving the parking area would alter the characteristics of the area.
4. The events center is a seasonal business that only requires parking when events are
scheduled. The parking areas are not needed when the facility is not rented.
5. The property owner can provide 22 parking spaces that are paved and can be used for the
special events.
DECISION AND CONCLUSION
Based on the Finding of Fact,the St.Joseph Planning Commission recommended
approval/denial of the Variance based on the following conclusions:
1.The variance requested is harmonious with the general purposes and intent of the governing
Zoning District Ordinance
2.The unpaved parking lot fits the character of the facility.
Based on the foregoing Finding of Fact and Decision and Conclusion of the St.Joseph Planning
Commission,the request for variance on the strict enforcement of the parking requirement is being
forwarded as approval/denial with the following contingencies:
1. When the events center becomes a year round facility,the property owner will be required
to meet the parking lot requirements.
Therefore, based on the above findings,the St.Joseph City Council affirms the actions of the Planning
Commission granting a Variance to relieve strict enforcement of the parking lot requirements as they
relate to his application for a special use permit to operate a events center in a historical barn at 31101
County Road 133 is hereby granted to Randy Schmitz with the conditions as stated above.
Adopted this�day of � 2014.
CITY OF ST.IOSEPH
By
Rick Schultz, Mayor
Jud yre ,Administr tor
THIS INSTRUMENT WAS DRAFTED BY:
City of St.Joseph
PO Box 668
St.Joseph MN 56374
Telephone: (320) 363-7201