Loading...
5.b Rural Event Facility ordinanceMemorandum To: 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 Copies To: 651.292.4400 tkda.cam Brenda Eklund, City Clerk TKDA Andy Pratt, City Attorney Memorandum To: Scandia Planning Commission Copies To: Neil Soltis, City Administrator Brenda Eklund, City Clerk Andy Pratt, City Attorney From: Sherri Buss, RLA AICP, Planner Date: August 29, 2016 Background Reference: Rural Event Facility Ordinance – Sound amplification standard Project No.: 16023.000 Routing: During the past week, some questions have arisen among City staff and the applicant for Rural Event Facility regarding the interpretation of the performance standard for Rural Event Facilities for amplified sound, which reads as follows: "Sound amplification of ceremonies only is permitted. Ceremonies include formal acts or observances that are part of an event such as a wedding ceremony, awards presentation, acknowledgement of a significant event, or similar observance. Sound amplification of ceremonies may include amplification of voices and music that are specifically scheduled as part of the ceremony. No other sound associated with an event, such as parties or celebrations associated with, preceding or following the ceremony, may be amplified. Events shall not generate noise that unreasonably annoys, disturbs or endangers the comfort or peace of any persons, or precludes their enjoyment of property or affects their property's value. " Staff have interpreted the "sound" referenced in the ordinance to be outdoor sound, which is what the City typically regulates—for example, for Special Events. However the words "outdoor" or "indoor" do not appear in the text and so the intent is ambiguous. We want to have a discussion at the Planning Commission meeting on September 6 to discuss the interpretation of the standards for the Gacek application and for the long-term. • The City Attorney has indicated that for the current application, he is comfortable interpreting the language by including specificity in the conditions for the IUP related to indoor and outdoor sound (discussed below), and that the City could amend the ordinance to clarify the intended interpretation after a decision is reached on the Gacek request if desired. An employee owned company promoting affirmative action and equal opportunity Rural Events Ordinance—Sound Amplification Page 2 September 6, 2016 Scandia Planning Commission Rural Event Facility Standard: Amplified Sound Standard The Planner's recollection of the development of the sound standard for Rural Event Facilities is that the standard was meant to regulate the location of non -ceremonial activities that use amplified sound, for a variety of reasons: 1) Requiring party activities to be indoors was meant to regulate the both the sound and potential visual impacts of amplified parties/celebrations. a. Planning Commission members and residents who were involved as the ordinance was developed were concerned about seeing the party activities from adjacent properties as well as the noise, particularly if the party activities involved alcohol and problem behaviors that would be visible to children/adolescents. They were also concerned about the potential impacts of light from outdoor party activities. b. The Commission understood that the rural setting (gardens, historic buildings, vineyards, general rural landscape) was prized as a back -drop for ceremonies and photos and was often the reason for the development of this use. They noted that parties and celebrations related to weddings and events are often held indoors at event facilities. c. Planning Commissioners concluded that the sound and views of ceremonies was likely to be tolerable to neighbors because the ceremonial events were typically short, would require minimal lighting, and would typically only involve the amplification of voices and a limited amount of music. d. The post -ceremony parties, however, were more likely to last for hours, include amplified music at high volumes, lighting or "light shows" after dark, and to include alcohol consumption. Commissioners discussed possible conditions for the indoor events—such as requiring that building openings (doors, windows) must be closed during amplified events. e. While the Rural Event Facility ordinance permits the City to require screening, the Commissioners understood that when plantings are used for screening it will take some time for the plantings to fully screen the Facility. The requirement to locate party activities indoors would address the issues from the inception of the use. 2) The requirement to put party activities indoors was also meant to avoid or minimize repeated enforcement issues. Scandia has limited enforcement resources. The requirement that amplified events beyond the ceremony not be outdoors was included so that the events most likely to draw complaints and the need for enforcement would be held indoors, and would be less likely to impact neighbors. The State noise statute and rules require the measurement of noise outside, at an identified distance from a noise generator. The ordinance requirement for parties to be located indoors was intended to place the noise generator in a location where it would be less likely to impact neighbors and violate the state standard. I Rural Events Ordinance—Sound Amplification Page 3 September 6, 2016 Scandia Planning Commission Planning Commission members who participated in the development of the Rural Event Facility standards should share their memories of the discussion and final standards. City Noise Standards and Potential Conditions for Permits The noise standard for land use permitting is the noise standard included in the Development Code: Chapter 2, Section 3.3, item (4)(A) "Noise, Air and Water Pollution. Notwithstanding anything contained herein to the contrary, the standards of the Minnesota Pollution Control agency for noise, air, and water pollution shall be the standards applied in those areas." The City Attorney has noted in the past that State law prohibits the City from adopting a higher standard than the State standard. The City may include conditions with the approval of a land use permit that interpret how the standard will be applied, monitored, and enforced for that use. • The City also has adopted Ordinance 65, which governs how the City enforces its noise standard for all uses. • The proposed conditions for the Gacek Rural Event Facility require that the must meet the State/City Standard, per performance standard (K) "The rural event facility must comply with all rules and regulations of Federal, State, County and Local agencies." • The City Attorney noted that additional conditions could be added to the IUP based on Ordinance 65 that require that operation of any sound -generating equipment "shall not be plainly audible at the property line of the structure or building in which it is located, or at a distance of 50 feet if the source is located outside a structure of building" between the hours of 10 p.m. and 7 a.m." Ordinance 65 includes standards that police officers may disperse parties that unreasonably disturb other persons. The IUP could also include conditions that require building openings to be closed while sound amplification is occurring. Commission Discussion on September 6 The Commission should discuss the information provided and ordinance standard, and provide a recommendation to staff regarding the interpretation of the standard for the Gacek Rural Event Facility IUP application and need for an update to the ordinance. 7 October 1, 2013 Scandia Planning Commission Page 2 of 3 RURAL EVENT FACILITY DRAFT ORDINANCE City Planner Buss reviewed the changes to the Rural Events Facility ordinance as recommended during discussion of the ordinance at the September 3rd meeting. Definitions of Rural Event Facility and Rural Event Site have been separated out in the first section. Clarification that the facility operates on a for-profit basis is included in the definition. Rural Event Site was added to distinguish between the plans required for the entire property and the specific location within the property where the events are proposed to occur. City Engineer Goodman reviewed the requirements of the Transportation Management Plan and concluded that the language in the draft ordinance appropriately identifies necessary elements related to traffic control and parking. Language in Section (4)(E) Grading Plan will be revised to clearly explain that a grading plan is needed if new event sites, buildings, parking lots or other structures will be constructed. Buss reported that Pete Ganzel, Washington County Health Department, suggested revised language regarding septic permits for permanent utilities. It was recommended to clarify Section (5)(C) to read "any on-site sewage treatment facilities needed shall be installed under a permit issued by Washington County". Discussion on the need for portable satellites concluded that a combination of permanent and portable facilities can be utilized, and the city can require supplemental facilities as needed. The number, screening and buffering of portable facilities can be addressed in conditions upon issuance of the permits. Deputy Majeski reviewed the draft ordinance and questioned if the hours for the event should be extended to 10:00 pm to be consistent with the city's existing noise ordinance. The Commissioners were in agreement with this change. Council member Ness questioned the term "outdoor event" with an example of a band playing inside a barn and the gathering moved to outside the building. It was decided to remove "outdoor" from (5)(H) and just require that "events shall not begin before 9 am and cease by 10 pm.17 This led to a discussion about setbacks of outdoor event areas. It was decided to write (5)(G) as "the rural event site must be at least 100 feet from the boundaries of adjoining properties". Buss explained that if an applicant with an existing building cannot meet this setback, they would be denied a rural event facility permit. Pam Arnold, 16560 220th Street, provided comments that the Commissioners noted were good points to be further discussed at the public hearing on the ordinance. There may be events that would have potentially negative impacts to surrounding properties, such as competitions involving motor vehicles or firearms. These types of events could be excluded in the definition of rural event facilities. Philippi added that they should consider an initial limit on the duration of the IUP until any impacts are established. Buss proposed that a condition could be in all permits that would cause expiration of the permit. Ordinance No. 146 Rural Event Facility Ordinance City Planner Buss summarized the Rural Event Facility Ordinance as recommended for approval by the Planning Commission at their November 5th meeting. The definition states that the facility operates on a for-profit basis for gatherings such as weddings, dances, festivals or picnics on private property but does not allow for activities that include the discharge of firearms, motorized vehicle competitions or other events incompatible with the community's rural character. The facility would operate by approval of an Interim Use Permit. An Annual Operators Permit would allow for an annual review to address concerns and to add conditions for the operation of the facility. A number of standards are contained in the ordinance, including that events must cease by 10 PM and guests shall be off the site by 10:30 PM. Sound amplification of the ceremony only is permitted. No other sound associated with the event, such as parties or celebrations, may be amplified. Council member Lee asked if an auction would need approval by this ordinance. Buss explained that not for an occasional auction, but if it operated as a for-profit facility on a regular basis it would. Lee asked how orchards and pumpkin patches are defined within the ordinance. Administrator Handt noted that these are considered agritourism and are allowed in certain parts of the city. Council member Schneider questioned the "no music" standard and stated that it did not make sense for parties. Planning Commission Chair Christine Maefsky explained that as a major new use in a rural residential setting, the possibility of amplified music every weekend could be an issue for surrounding property owners. Buss explained that this was modeled after Stillwater Township's ordinance to limit outdoor amplified sound and its negative impacts on neighbors. Lee stated that these are guidelines to begin with and changes may evolve. The spirit of the law is to give properties a venue to operate a business. Ness agreed that standards can be revisited as facilities begin operating. Schneider questioned the structural stability of old barns and buildings being used for commercial purposes with a change in occupancy. Fire hazards, exit strategies, and structural integrity should all be examined. Buss noted that this is a good point, and suggested that detailed plans be reviewed by the Building Inspector and Fire Chief to see that they are safe. Attorney Vivian recommended that Paragraph 6(K) include language that the facility must pass inspections and compliance checks by the Building Official and Fire Inspector.