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City Council Ordinance 719CITY OF MONTICELLO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 719 AN ORDINANCE AMENDING CITY OF MONTICELLO ZONING ORDINANCE WITHIN THE CITY OF MONTICELLO DEFINING AND REGULATING EVENT CENTERS, PLACES OF PUBLIC ASSEMBLY, AND RELATED LAND USES THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS: Section 1. Section 5.1(A) — Use Table — Explanation of Use Table Structure is hereby amended to read as follows: 5.1(A) Uses Not Provided for Within Zoning Districts e. If an applieat;^„ is submitted .,,bmitte for- „ use that is not 1 d in Tab'o 5 1, the Gan+ffiunit� Development 1 'epat,i.,1�1',1.,,ent is atit er-i a to !�l/]ssi f[, the fie or unli Use moTrelosely fits the fie or [inliste ■ se To1m1ar me-detormination ea be „- ade, tho uoo "„11 be eonsider-ed prohibited i whieh e o an amen ,,, ent t +1,0 or-dinanee text would need te be initiated to elar-if�, if-, where, and how a proposed use In any zoning district, whenever a proposed use is neither specifically allowed nor denied, the Community Development Department Git-, r^"shall determine if the proposed use is comparable in potential activities and impacts to a use listed within the zoning district and is acceptable related to land use compatibility, traffic, and/or nuisance issues and established conditions and standards relating to development of the use. Where such a determination is made, the requirements established for the listed use shall apply as minimum standards for the proposed use. Additional requirements may be applied to address differences between the listed use and the proposed use. If no comparable use determination can be made, the use will be considered prohibited in which case an amendment to the ordinance text would be required to clarify if, where and how a proposed use could be established. Section 2. Section 5.2(D) — Use Specific Standards, is hereby amended as follows: Places of Public Assembly In the CCD, the following conditions shall apply: (a) Building architecture shall be designed to reflect retail street -level architecture as defined in the City's Comprehensive Plan, and detailed in the Comprehensive Plan Amendment entitled "Downtown Monticello Small Area Plan." (b) Site planning shall minimize parking lot development adjacent to public areas in the district, including streets, pathways, and open spaces. Section 3. Section 5.2(F) — Use Specific Standards, is hereby amended as follows: in he GGD, the following ernditions shall apply - (a) Buil as defined in the mpfer e s ve Plan, and ,retailed in the Compr-ehensive Plan Amendment rentitled "Downtown MvrriTvv-rr0 FmQ Ar -ea "lan. " (b) Fite—planning-Aall minimi o publisareas in distriet, ineluding streets, path , � 1 open spaees. Section 4. Section 8.4, Definitions, is hereby amended such that the definitions of the following terms shall read as follows: COMMUNITY DEVELOPMENT DEPARTMENT: Those departments assigned by the City Manages Administrator to oversee the various aspects of development and zoning within the City. Such departments may include, but are not limited to planning, zoning, building safety, code enforcement and engineering. ENTERTAINMENT, INDOOR COMMERCIAL: An establishment providing completely enclosed recreation or entertainment activities, Accessory uses may include the preparation and serving of food or the sale of equipment related to the enclosed uses. ineltided in thisS definition ohall be Examples of indoor commercial entertainment businesses include bowling alleys, roller or and ice-skating rinks, billiards halls, swimming pools, motion picture theaters, and mated similar amusements. Thio use Indoor commercial entertainment uses do not include event centers or adult uses. ENTERTAINMENT, OUTDOOR COMMERCIAL: An establishment providing recreation or entertainment activities primarily occurring outdoors. Accessory uses may include the preparation and serving of food, the sale of equipment related to the outdoor uses, and complementary indoor entertainment facilities. Examples of outdoor commercial entertainment businesses include, but are not limited to, a golf driving ranges, sand volleyball courts, go-carts, and miniature golf courses. This use Outdoor commercial entertainment uses does not include projectile weapon ranges (archery or shooting), sports stadiums or drive-in movie theaters. PLACE OF PUBLIC ASSEMBLY: An institution or facility that congregations of people regularly attend to participate in or hold meetings, workshops, lectures, civic activities, religious services, and other similar activities, including buildings in which 2 such functions and activities are held. Places of public assembly are characterized by individuals arriving and departing at reaularly scheduled times and do not include event centers. Common characteristics of places of public assembly, which differentiate such uses from event centers, may include but are not limited to, the following: 1. Regular activity schedules 2. No display and/or sale of retail commercial goods or services 3. The generation of traffic at routine time periods 4. Predictable traffic volumes during activities 5. Locations that may be in commercial, industrial, or residential zoning districts. fleiehborheeds Section 5. Section 8.4, Definitions, is hereby amended to add the following: EVENT CENTER: A multi-purpose commercial venue (public or privately -owned) used for the purposes of performances, trade shows, corporate functions, sporting events, private receptions or parties, holiday gatherings or similar attractions. Common characteristics of event centers, which differentiate such uses from places of public assembly, often include but are not limited to, the following: 1. Varied and/or irregular activity schedules 2. The display and/or sale of retail commercial goods 3. The generation of high traffic volumes at varied time periods 4. Commercial activities and uses in coordination with the events 5. Locations in commercial districts 6. Alcohol service as licensed Accessory uses may include food preparation facilities, concessions, offices, museums,. parks, athletic training or practice facilities, stores, restaurants, structured parking facilities, and patron transportation facilities. Event centers do not include adult uses and places of public assembly. Section 6. Section 5.1, Table 5-1, is hereby amended to add the following: Entertainment / Recreation, Entertainment / Recreation, C C C Outdoor Commercial Event Center C C C 3 Section 7. Section 5.1, Table 54A, is hereby amended to add the following: Uses: Commercial Entertainment/Recreation, Indoor Commercial (including theaters) Entertainment/Recreation, Commercial Outdoor Event Centers CUP CUP CUP CUP CUP Places of Public Assembly CUP CUP CUP CUP CUP <10,000 sq. ft. Subject to 5.2 (F)(14) Section 8. Section 5.2 (F) (14), Use -Specific Standards - Event Centers, is hereby added to read as follows: (14) Event Centers (a) Proximity to Residential Uses. Property upon which event centers are located shall not abut residentially zoned prop_ ertv, with the exception of R-3 and R-4 zoned properties. (b) Parking. Off-street parking for event centers shall be provided in in accordance with Section 4.8 of this Ordinance. (c) Event Size. Event Centers shall be allowed a maximum event size as specified by the conditional use permit. (d) Number of Events. (i) Event Centers in the B-3 and B-4 District are not restricted in the number of events allowed unless restricted by the conditional use permit. (ii) Event centers in the B-2 District may be limited to certain days or number of events by the City Council per the conditional use permit. (e) Hours of Operation. Event Center hours of operation shall be as established by the City Council per the Conditional Use Permit. (f) Noise Regulations. Event centers shall be subject to the noise -related provisions of City Code. (g) Food Regulations. Event centers may serve food and beverages as an accessory activity in accordance with all applicable Federal, State, and City regulations. 4 (h) Overnight accommodations. Overnight accommodations are not allowed. (i) Accessibility. All buildings used in conjunction with event centers shall meet applicable accessibility requirements imposed by State or Federal law. (j) Code Compliance. The building(s) used for the event center shall meet any and all applicable Federal. State. and local codes, including those which apply to sanitary facilities. (k) Outdoor Events. All events shall take place within the event center building(s), unless otherwise allowed in the zoning district or City Code. Section 9. Section 4.8, Off Street Parking Table 4-7, is hereby amended to add the following: TABLE 4-7: MINIMUM OFF-STREET PARKING SPACES BY USE Use Type Minimum # of Spaces and Additional Requirements Commercial Uses Event Center One (1) parking space for each two and one-half (2.5) guests, measured by building capacity based on building code limits of all areas used for the event, and one (1) parking space for each 200 square feet for areas devoted to food preparation, event staging, and other support activities. Section 10. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 11. This Ordinance shall take effect and be in full force from and after its passage and publication. The ordinance in its entirety shall be posted on the City website after publication. Copies of the complete Ordinance are available online and at Monticello City Hall for examination upon request. Adopted April 22, 2019. Brian Stumpf, Mayor ATTEST: Jeff O'eill, Administrator AYES: Davidson, Gabler, Hilgart, Stumpf NAYS: None Absent: Fair