HomeMy WebLinkAboutResolution No. 463-12 m
6. 4(6 V I
•
RESOLUTION
WHEREAS, on October 3, 1995, the Common Council adopted Resolution #514-95
which granted a conditional use permit to Mayowood Farm concerning the Mayowood Farm
Number One Complex (Mayowood Stone Barn). By this conditional use permit, Mayowood
Farm was allowed to use the Stone Barn for special events; and,
WHEREAS, a copy of Resolution #514-95 is attached hereto; and,"
WHEREAS, in granting the conditional use permit to the Mayowood Farm, the Council
imposed seven conditions of approval. Condition #4 limited the hours of operation to 8:00 a.m.,
to 11:00 p.m.; and, ,
WHEREAS, in response to allegations that the Mayowood Farm failed to comply with
condition #4 by allowing events to occur beyond the 11:00 p.m., closing time, the Council held j
public hearings on August 20, October 15, and November 5, 2012, to consider revoking the
conditional use permit; and,
WHEREAS, at the November 5, 2012, public hearing, the owner of the Stone Barn and
holder of the conditional use permit agreed to 14 modifications to condition #4. These
modifications were the result of several meetings between the Stone Barn, neighbors who live
IFarby, and the councilmember from that particular ward; and,
WHEREAS, the holder of" the current conditional use permit specifically and clearly
agreed to the 14 modifications of condition #4 and did so on the Council's'official record; and,
WHEREAS, all parties wish to amend the current conditional use permit by amending
condition #4 to include the 14 modifications.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that, with the concurrence of the holder of the conditional use permit, condition #4 of
Resolution #514-95 is hereby amended so as to delete condition #4 as found in the 1995
Resolution and replace it with the following:
4. The following hours of operation and other restrictions are in effect:
A. An air conditioning system must be installed in the Stone Barn with
sufficient capacity to ensure compliance with condition #10. The
air conditioning system must be installed and operational by May 3,
2013.
B. A custom amplifier and speaker system must be installed in the
stone barn that is designed to control and contain the amplified
music within the Stone Barn building. The power supply to this
•
1
• system must be controlled by an electronic timer system that.
automatically shuts off the power to this system at 11:00 p.m. The
electronic timer, power controls, and volume controls must be
secured behind a locked panel or a locked closet such that only
Stone Barn personnel can access this system. This sound system
must be installed and operational by April 1, 2013.
C. The hours of operation for all events at the Mayowood Stone Barn
will be limited to 8:00 a.m., to 11:00 p.m. Alb event operations
including music and dancing must end by 11:00 p.m. All guests
attending the Stone Barn event must vacate the buildings, grounds,
and parking area by 11:30 p.m. Only event planners/organizers
may remain after 11:30 pm., and they must vacate the buildings,
grounds, and parking areas no later than 12:00 a.m. '
D. All alcohol service during a Stone Barn event must end no later
than 10:45 p.m. Alcohol service and alcohol consumption is not
permitted outside of the Stone Barn during any Stone Barn event.
The alcohol service must be provide by a licensed caterer and this
service must be contracted and provided only by the Stone Barn
owners to ensure that the owners retain full control.
• E. No music is permitted outside of the Stone Barn during an event
except for guitars, small combos, or similar musical arrangements
with minimal amplification occurring only during the wedding
ceremony itself. This music must end at the'conclusion of the
wedding ceremony. , .
F. No amplified music is permitted inside the Stone Barn after 8:00
p.m., on Mondays, Tuesdays, Wednesdays and Thursdays; and
after 11:00 p.m., on Fridays, Saturdays, and Sundays. On
Sundays after October 31, 2013, no amplified music is permitted
inside the Stone Barn after 10:00 p.m. On Labor Day and Memorial
Day Mondays, no amplified music is permitted inside the Stone Barn
after 11:00 p.m.
G. Guitars, small combos, or similar musical arrangements are
permitted inside the Stone Barn. If this music is amplified, then it
must utilize the Stone Barn provided sound system as described in
condition #2 and must be limited to the hours specified in condition
#6.
H. Music provided by a DJ (commonly referred to as a music machine)
is permitted inside the Stone Barn. The music machine will be
• limited to the hours specified in condition #6. Amplification of this
2
• music must utilize only the Stone Barn provided sound system as
described in condition #2. Separate amplifiers are not permitted.
The music machine service must be contracted and provided only
by the Stone Barn owners to ensure that the owners retain full
control.
I. Live bands are permitted inside the Stone Barn from the time
period November 5, 2012, through and including October 31, 2013.
All power outlets will be wired as such they do open (dead) at
11:00 p.m. If the holder of the Conditional Use Permit wishes to
permit live bands inside the Stone Barn for the time period of
November 1, 2013, and thereafter, the holder must apply to the
Council for a modification of this condition that would permit live
bands. If such application is made, the Council will hold a public
hearing to receive testimony from all interested parties as to the
manner in which this condition has been honored as well as the
impact of live bands upon adjacent propdity owners. As a result of
that public hearing, the Council will determine whether and under
what conditions live bands will be permitted inside the Stone Barn
as of November 1, 2013, and thereafter.
J. All doors on the east end of the Stone Barn must remain closed
• during all events.
K. Stone Barn owners will work with Olmsted County and Rochester
Public Works Departments to find and implement safe and
reasonable access options to the Stone Barn property that will
minimize traffic on the east side of the property.
L. If a Friday or Saturday night Stone Barn event includes a dance
and alcohol service, then a uniformed security officer must be on
duty between the hours of 7:30 p.m., and 11:30 p.m. This security
officer must be an off-duty officer from the Rochester Police
Department, an off-duty officer from the Olmsted County Sheriff's
Department, or a security guard provided by a private security firm.
The security officer must be provided a copy of the Stone Barn
operating restrictions as described in conditions #2 through #11.
M. Any advertising or promotional literature on behalf of the Stone
Barn, including the Stone Barn's website, must be consistent and
compliant with all of the conditions attached to this conditional use
permit. Updates to the Stone Barn's website needed to satisfy this
condition must be completed by December 31, 2012.
• N. Upon a determination by the Council, made at a public hearing,
3
• that any condition attached to this conditional use permit has been
violated, the Council will amend this conditional use permit by
deleting the applicant's use of amplified music effective the end of
the sixth month following the Council's violation determination.
BE IT FURTHER RESOLVED that, except for condition #4, the remainder of Resolution
#514-95 remains valid and in effect.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF 1�- , 2012.
ACTING PRESIDENT OF SAID
COMMON COUNCIL
ATTEST:
ITY CLERK
APPROVED THIS DAY OF , 2012.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone10\ConduseAmd.StoneBarn
•
4
Al
. -.> a .� _ ::+-;('. {;j a,ti�-•�., u:' •;,1��;:1yy?,,��5 ✓, ..r. �• �y, 's': .: r'3 --':irk; ;W'; 'F{$�.�`'.C:�,r<<r� t i"� }�r }� ��L '{ i i 1nY' •�cl`il`ltlr .CI t�� Jxl,� rr 1e ��� ��fy g�#� y i `� �f � � ' 't ai' ti )��,wj � �t � y ,ti f �{.�!'�'`�• +�. .�^v �.�:,f'1b,f�ri' -�o.J'r'+*-..^%1�It5(,%...7�FtL1i..�. -.pit. 4i_5��..._.._....�.... .aCh,'.i...L�. :.1';5f'�> i + .u.r.�.s'N.w....
•
RESOLUTION
WHEREAS, Mayowood Farm has applied for a conditional use permit
concerning the Mayowood Farm Number One Complex which. would permit the
conversion of the Greek Revival House to a coffee house, repair of the
Stone Barn for special events, and construction of a parking lot, access
road improvements, lighting, signage, and landscaping;- and,
WHEREAS, the provisions of R.C.O. § 62.708 (2) provide that the
Common Council may approve a bonditional use for a final development
plan if it satisfies ten criteria; and,
WHEREAS, on September 13, 1995, the Rochester Planning and Zoning '
Commission held a public hearing on said conditional use permit, and
determined that the plan satisfied the criteria provided in R'C.O.
962 .708 (2) , subject to the compliance with the following. conditions:
1,
1. The developer must obtain approval from the Health Department
for the use of the existing well and septic system as the
water and sewer for the restaurant use. If they do not obtain
this approval, they must connect to the public sanitary sewer
and water system.
• 2 . Specific locations and heights of the proposed signs must be
provided. The sign at the main entrance should specify that
this is the public entrance for .both the coffee shop and the
Stone Barn special events. ,
3 . The elevation of the light standard in the customer parking
lot must be provided. This light must have total cutoff to
the south.
4. The hours of operation of the coffee house should be limited
to 8: 00 am to 11: 00 pm. The hours of operation for special
events at the stone barn should be limited to 8: 00 am to 11: 00
pm. The hours, of operation are subject to further Council
review.
5 . . All improvements to the site should be provided as shown on
the site plan and the written proposal as approved.
6 . The applicant must obtain approval from the Fire Department
and the Building Safety Department for the renovations to the
Greek Revival House. In addition, the applicant must obtain
approval from. the Fire Department for the use of the Stone
Barn for special events,
7 . In the event that the special event parking is improved with
a surface more permanent than the grass, landscaping and
bufferyards must be provided to screen this area from any
• future residential uses.
r
WHEREAS, the Common council held a public hearing on the
conditional use request on October 2, 1995, and permitted all interested
persons to be heard.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the conditional use permit requested by Mayowood _Farm
(identified in the records of the Consolidated Planning Department as
Conditional Use Permit Request No. 95-9) is granted, subject to the
conditions recommended by the Rochester Planning and Zoning Commission
and set forth in the Minutes of its Meeting of September 13, 1995.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
/' t-?� 19 9 5•
ROCHESTER, MINNESOTA, THIS e DAY OF ,
ES ENT OF SAID POMMON COUNCIL
ATTEST: 11
TY CLERK
i
APPROVED THIS _^, DAY
OF i-P� , 1995.
YOR OF SA D CITY
(Seal of the City of"
Rochester, Minnesota)
resiconduu.509
•