Loading...
09.b1 Redeemed Farms - CC Packet1 | P a g e Date of Meeting: September 19, 2023 To: Honorable Mayor and Members of the City Council From: T.J. Hofer, Consultant City Planner Frannie Nielsen, Consultant Re: Rezoning, Comprehensive Plan Amendment, and Planned Unit Development for Redeemed Farm Applicant: Jeffrey A. Gacek Zoning: AG-C Owner: Jeffry A and Julie Gacek Future Land Use: Agricultural Core Location: PID: 16.032.20.31.0006 Review Deadline October 3rd, 2023 The applicant is requesting approval for a Comprehensive Plan Amendment (CPA) from Agricultural Core to Rural Commercial, one parcel to be rezoned from AG-C Agricultural Core to Rural Commercial, and a Planned Unit Development (PUD) to have a mix of uses on the site including a single-family dwelling, a rural event facility, agriculture (vineyard), and a future restaurant. Being designated as a restaurant allows Redeemed Farms to be granted a liquor license. No site modifications or new structures are proposed at this time. BACKGROUND The applicant is requesting a CPA and Rezoning in order to operate a restaurant on the site. Restaurants are prohibited in the AG-C district; restaurants are a permitted use in the R-C district. Being designated as a restaurant allows Redeemed Farms to be granted a liquor license. This will allow Redeemed Farms to provide alcohol during events on the site without having to rely on a caterer to provide and sell the alcohol. The applicant has indicated that the site is unlikely to operate as a traditional restaurant, but the rezoning will allow for the use. The restaurant” that will be a part of the Redeemed Farms use will be part of the existing use and located within the existing buildings. While the applicant may not be opening a typical restaurant 2 | P a g e if the application is approved, the rezoning must be evaluated as if it is allowing for a typical restaurant use as that is what will be allowed. The CPA is required in order for the rezoning to be approved as the rezoning must be consistent with the 2040 Comprehensive Plan Future Land Use map. The parcel is guided Agricultural Core on the 2040 Future Land Use map. The applicant is requesting the guidance be amended to Rural Commercial. The applicant is also requesting a PUD in order to have multiple uses on the same parcel. Existing Proposed AG-C R-C Rural Event Facility CUP CUP Restaurants Not Permitted P Agriculture P P Single Family Residence P CUP A rural event facility and single-family residence require a conditional use permit in the R-C zoning district. With the creation of a PUD the allowed uses and conditions that are required through the CUP can be incorporated into the PUD standards. EVALUATION OF REQUEST Comprehensive Plan Map Amendment and Rezoning Section 153.500.060 of the UDC details the procedure and approval criteria for a Rezoning and Comprehensive Plan Amendment. For any application which changes all or part of the existing classification of a Base Zoning District from residential to either commercial or industrial, approval shall require passage by a 2/3 vote of the full City Council. If approved by the Council, the Comprehensive Plan Amendment request would be reviewed by the Metropolitan Council, who would review to ensure the proposed change follows regional plans. Once the CPA is approved by the Metropolitan Council, the CPA change becomes official. The UDC states that a Comprehensive Plan Amendment and zoning map amendment should be evaluated based on, but not limited to: a. The specific policies and provisions of the City’s adopted Comprehensive Plan, including public facilities and capital improvement plans. 3 | P a g e b. Whether the proposed action meets the purpose and intent of this Chapter or in the case of a map amendment, it meets the purpose and intent of the individual Base Zoning District. The parcel is guided as Agricultural Core by the 2040 Comprehensive Plan. The applicant is requesting the parcel to be guided as Rural Commercial. Rural Commercial is intended to support commercial development in places of historic commercial activity. The existing and proposed use of Redeemed Farm support Goal 1 of economic competitiveness of the Comprehensive Plan stating, “Concentrate on retaining and expanding local businesses in and around the Village Center and existing Rural Commercial districts.” The CPA must be approved for the rezoning to be approved. The Rural Commercial Base Zoning District is described as: Lands intended to support commercial development of rural areas in the community that have historically been used for some type of business use. The Planned Unit Development Special District is described as: Allowing for more flexibility in development design than is possible under the Base Zoning District and conventional subdivision processes. Possible flexibility may include variation from dimensional standards or permitting more than one principal structure on a parcel of land. The proposed rezoning is for a future restaurant, rural event facility, agriculture (vineyard), and single-family residence. The Rural Commercial district has historically been applied to parcels along major roadways through the City. The proposed CPA and rezoning are for a parcel that abuts MN 97. This meets the purpose and intent of the UDC, Base Zoning District, and PUD. Planned Unit Development Section 153.200.050 of the UDC details the procedure and approval criteria for a Planned Unit Development. Approval of a PUD shall be granted through the rezoning process. Certain properties would benefit from allowing flexibility from certain dimensional standards, and the proposed rezoning to PUD must meet the following criteria: The individual criterion are listed below in italics with staff’s evaluation following. a. Subject property must be zoned and comply with Table 153.400.020-1 4 | P a g e The applicant is requesting a rezone to R-C. PUDs are permitted in the R-C district. Upon approval of the Rezoning, this criterion will be met. b. Density. The maximum density of a PUD shall not exceed the maximum density permitted in the Base Zoning District. The UDC indicates there is no maximum density of the R-C zoning district as residential uses are only allowed through conditional use permits. This criterion is met. c. Dimensional Standards. The City may grant deviations from some of the dimensional standards established within the Base Zoning District. Deviations may include minimum setbacks, minimum lot sizes, minimum number of off-street parking spaces, maximum building height, maximum lot coverage, or minimum frontage, if it is determined that the deviation supports the purpose and objectives of this Section. The site meets minimum setbacks, minimum lot size, maximum building height, maximum lot coverage, maximum building height, and minimum frontage standards. The applicant is not seeking dimensional standard deviations. The applicant is only seeking to have multiple principal uses on one site. A parking plan has not been submitted with the application; adequate parking is unclear at this time, but the City has no record of issues. Additional parking is also dependent on the size of the future restaurant. Staff has included the submittal of a parking plan indicating the number of parking spaces as a condition of approval. d. Design and Development Standards. The design of a PUD shall take into account the relationship of the site to the surrounding areas. The perimeter of the PUD shall be designed to minimize any undesirable impact of the development on adjacent properties and, conversely, to minimize any undesirable impact of adjacent land use and development characteristics on the PUD. The permitter of the site is landscaped with trees and adequately maintained. The site meets setbacks and screening requirements of the proposed R-C zoning district. This criterion is met. e. Utilities. In any PUD, all utilities, including telephone, electricity, gas and cable, shall be installed underground. Adequate utilities serve the site. There are no proposed changes to utilities at this time. This criterion is met. f. Streets. All streets shall be public streets. All streets shall conform to the specific design standards approved as part of the PUD. In no such specific design standards have been proposed, all streets in the PUD shall conform to the design standards contained in the subdivision regulations. 5 | P a g e This criterion does not apply to this requested PUD. g. Phasing of Development. All development conducted in phases shall be carried out in accordance with the approved staging plan. All the developer’s responsibilities for prior phases shall be satisfied prior to commencement of activities in subsequent phases, unless otherwise approved in the staging plan. This criterion does not apply to this requested PUD. h. Character Area Standards. The PUD shall comply with the standards established in Section [153.400.040] and any applicable standards as set forth in the Scandia Architectural Design Guidelines a. Within the commercial nodes, including R-C and I-P Zoning Districts, buildings should be sited to meet the minimum setback requirements, where possible. Setback areas should be designed to allow for greenspace and landscaping along roadways. Setbacks are met and landscaping is provided along the roadways. b. Parking for commercial uses must be located to the side or rear of buildings, to the extent possible. Parking is located at the side of the buildings. c. Parking areas must be screened with vegetation including trees and shrubs to screen parking areas from residential uses, public right-of-way, sidewalks and other buildings. The parking area is screened with vegetation on the side abutting the street. d. Mechanical equipment must be screened on all sides The mechanical equipment is screened. e. Existing vegetation should be maintained to the extent possible. The existing vegetation is maintained. Continued maintenance shall be a condition of approval. f. If new sidewalks are installed, or renovations to existing sidewalks are made, planting islands should be created to include shade trees, grassy boulevards, flowers, and other public realm landscape elements. No new sidewalks are proposed with this application. i. The PUD is not in conflict with the Comprehensive Plan 6 | P a g e The proposed PUD supports the goals of the Comprehensive Plan as the applicant proposes to amend the Future Land Use map. Staff has included a condition that the approval of the PUD is conditional to the approval of the CPA. j. The PUD meets the Purpose of Planned Unit Development as stated in this Section. The proposed PUD allows for more flexibility than is possible under the Base Zoning District. The flexibility permits more than one principal structure and more than one principal use on a parcel of land. This parcel contains a single-family residence, an agricultural use vineyard), a rural event facility, and a future restaurant. These combined uses meet the purposed of a PUD. k. The PUD or phase of development thereof is of sufficient size, composition, and arrangement that its construction, marketing, and/or operation is feasible as a complete unit without dependence upon any other subsequent phase of development. Phased development is not proposed as part of this PUD. l. The PUD will not create an excessive burden on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the planned development. The proposed use of a restaurant will likely generate more traffic, however, MN 97 is a minor arterial street and can accommodate the additional traffic. m. The PUD will not have an adverse impact on the reasonable enjoyment of the neighboring property. Neighboring properties are zoned AG-C and RR-N. The applicant has continued the use since 2016 and has addressed issues as they have arisen. The proposed PUD is similar in nature to the neighboring properties with the exception of multiple uses on one parcel. n. The quality of the building and site design shall substantially enhance the aesthetics of the site. Building alterations and site alterations are not proposed with this PUD. o. The PUD will create a public benefit that is greater than what would be achieved through the strict application of the zoning and subdivision regulations. The PUD site creates a public benefit by offering Scandia a unique site for receptions and community gatherings with a mix of uses. The proposed mix of uses would not be achieved through strict application of the zoning regulations. Chapter 153.500.060 Subd. 1(C)(I) of the UDC lists the general standards to meet to grant a CUP or IUP. A CUP is not needed in conjunction with the PUD, but the standards shall be met in evaluation of the PUD. Below the CUP standards are repeated, with the staff’s findings following in italics: 7 | P a g e a. The proposed use will be in compliance with and shall not have a negative effect upon the Comprehensive Plan, including public facilities and capital improvement plans. Objectives of the Comprehensive Plan include concentrating on retaining and expanding local businesses in and around the Village Center and existing Rural Commercial districts and encourage home-based entrepreneurs and businesses. The proposed use helps meet the objectives of the Comprehensive Plan. b. The establishment, maintenance or operation of the proposed use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. The existing and proposed uses are permitted within the proposed zoning district through a conditional use permit or in this case, a PUD. The PUD to allow multiple uses including a future restaurant will promote and enhance the general public welfare, and will not be detrimental to or endanger the public health, safety, morals, or comfort. Reasonable conditions of approval can be added if the City Council finds issues with the proposed use. c. The proposed use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values or scenic views. The PUD to allow multiple uses including a future restaurant, will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values or scenic views. The use will remain similar in nature. d. The establishment of the proposed use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. The proposed use will not impede development or improvement of surrounding properties. e. Adequate public facilities and services are available or can be reasonably provided to accommodate the use which is proposed. The proposed use will use the existing access, no new curb cut or access drive will be needed. The existing and proposed use does not require an extension of city-owned public facilities. f. The proposed use shall conform to the applicable regulations of the district in which it is located and all other applicable standards of this Chapter. The proposed use is consistent with the applicable regulations of the proposed R-C District and is consistent with the requirements of the UDC. The applicant is following 8 | P a g e the proper procedures for rezoning and a CPA in order to adhere to UDC standards Reasonable conditions of approval can be added if the City Council finds issues with the proposed use in relation to surface or groundwater contamination, excessive manure accumulation, odor, noise, and other potential nuisances. g. The proposed use complies with the general and specific performance standards as specified by this Section and this Chapter. The PUD meets the general and specific performance standards of the UDC. Section 153.300.030 Subd, 1 (Y) establishes use specific standards for Rural Event Facilities. a. The total occupancy of any Rural Event Facility may not exceed 300 persons. Staff has included a condition that events at the facility are limited to 300 persons. b. Adequate utilities, including sewage disposal, must be provided. The facility may utilize permanent or portable facilities, or a combination of permanent and portable facilities. Any on-site sewage treatment facilities needed must be installed and comply with Washington County SSTS Regulations. The facility must provide supplemental portable septic and water facilities for events as required by the City. Adequate utilities are provided. c. The rural event facility must have direct access from a public roadway and any access permit must be obtained from the regulatory authority with jurisdiction of the road. The rural event facility has direct access off of Meadowbrook Ave N d. The rural event facility must provide on-site parking, sufficient to handle all guests, staff, vendor, and owner vehicles. Event parking on public streets is prohibited. On site parking is provided, though a total amount is unknown. The City has not received complaints about parking on the site. The applicant has provided a parking plan as of September 4, 2023. Staff has left the condition that a parking plan be submitted to ensure parking on the site is meeting the requirements of the UDC for all uses on the site as recommended by the Planning Commission. The condition is met at the time of writing this staff report. e. Outdoor sound amplification is permitted for ceremonies only. Ceremonies include formal acts or observances that are part of an event, such as a wedding ceremony, awards presentation, acknowledgment of a significant event, or similar observance. Outdoor sound amplification of ceremonies may include amplification of voices and music that are specifically scheduled as part of the ceremony. No other outdoor sounds associated with an event, such as parties or celebrations associated with, preceding or following the ceremony, may be amplified. Events shall comply with the City’s Noise 9 | P a g e Ordinance (Ordinance 65 and its amendments). Staff has included a condition that limits outdoor sound amplification. f. The Rural Event Activity Area must be located at least 100 feet from the boundaries of adjoining properties. The City may require screening of activity areas. If the facility holds events where alcoholic beverages are served, the consumption of alcohol is restricted to the Rural Event Activity Areas only and excludes the parking lots, and must meet the 100-foot setback requirement. Security staff must be provided at events if alcoholic beverages are served. The existing structure used for the rural event activity area complies with this requirement. Staff has included a condition that alcohol consumption be limited by location on the property and that security be provided. g. Events may not begin before 9 AM and must cease by 10 PM. All amplified sound must conclude by 10 PM. All guests must be off the site by 10:30 PM. Staff has included conditions to limit the operation of the rural event facility. These same limitations will not apply to the future restaurant use. h. No more than four events may be scheduled on any calendar date. Staff has included a condition to address the amount of event allowed on a singular date. i. Permanent signs for the rural event facility must comply with [Sections 153.400.040 and 153.400.100]. Signage currently complies. j. The rural event facility must comply with all rules and regulations of Federal, State, County and Local agencies. Facilities must also pass inspection by the Building Official and Fire Inspector. City records indicate that the structure was approved. k. The City may inspect the Rural Event Facility at any time in response to complaints or to verify compliance with these standards. Staff has included a condition that requires access in the event of a complaint or to verify compliance with these standards of the UDC and approvals. 10 | P a g e ANALYSIS Review Comments The submittal was sent to city staff and other regulatory agencies for review and comment. Engineering Department The City Engineer noted that there have been concerns expressed previously about access on to the site. Meadowbrook Ave N is not built to the current standards for a rural street section. The intersection of MN 97 and Meadowbrook Ave N is not equipped with any street lighting or interchange lighting. As the use expands and offers draws more people into the area, the City will need to evaluate other improvements that may be needed. Washington County At the time of writing this staff report, Washington County had not provided any comments. Comfort Lake Forest Lake Watershed District At the time of writing this staff report, CLFLWD had not provided any comments. Minnesota Department of Transportation At the time of writing this staff report, MNDOT had not provided any comments. Public Works Department The Public Works Director had no comment. Fire Department The Fire Chief had no comment. Planning Commission The applications were reviewed by the Planning Commission at their September 5, 2023, meeting. The Planning Commission held a public hearing for the application. Four commentors spoke, one of which was the applicant. The commentors were largely concerned with the potential future uses if the land was to be sold in the future, asked for clarifying information regarding the rezoning, clarifying information regarding the liquor license, and questions about the parking on the site. The applicant discussed the process for receiving a liquor license and stated the intention of not operating a full service restaurant on the site. The Planning Commission then closed the public hearing. The Planning Commission discussed the application regarding the future use of the site, potential restrictions regarding the restaurant use, and conditions regarding security. The Planning 11 | P a g e Commission discussed the need of a site plan for a PUD and chose to amend the proposed ordinance and resolutions to require a site plan. The Planning Commission moved to recommend approval of the application, as amended. The motion was approved with a vote of 4-0. Staff Analysis Staff believes that the proposal for the rezoning is generally in compliance with the requirements outlined within the UDC. The rezoning is consistent with the requested amended future land use of the 2040 Comprehensive Plan and the proposed use meets the definition of the R-C zoning district. Staff believes that the proposal for the CPA is generally in compliance with the requirements outlined within the UDC and the objectives of the Comprehensive Plan. Staff believes that the PUD will allow for the uses on the site to continue while ensuring that conditions that are required by the UDC are met. Due to the nature of the rezoning, staff has included restrictions within the standards for the PUD that restrict uses on the site to what is currently proposed. Without these standards, when the property inevitably transfers ownership any permitted use within the R-C base zoning district could be implemented without any input by the City. PUDs are often approved with a site plan to limit the number of structures on a lot. A PUD Amendment is then required to increase the number of structures on a lot. The Planning Commission recommended requiring a site plan as a condition of approval if further development of the lot is a concern. The applicant has submitted a site plan. Further development on the site will require a survey to confirm the site plan. COUNCIL ACTION The City Council can do one of the following: 1. Approve, with or without conditions, of the attached ordinance and resolutions. 2. Deny, with findings, of the attached ordinance and resolutions. 3. Table the request for further review/study. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommend approval of the request for a Comprehensive Plan Amendment from Agricultural Core to Rural Commercial. Approval includes a resolution. The following findings and conditions of approval are recommended: 1. The existing and proposed use of Redeemed Farms support Goal 1 of economic competitiveness of the Comprehensive Plan stating, “Concentrate on retaining and 12 | P a g e expanding local businesses in and around the Village Center and existing Rural Commercial districts.” 2. The amendment will allow for the parcel to be rezoned to the Rural Commercial Base Zoning District to accommodate the proposed uses of a future restaurant, rural event facility, agriculture (vineyard), and single-family residence. This meets the purpose and intent of the 2040 Comprehensive Plan and the Rural Commercial future land use guidance. 3. The applicant shall pay all fees and escrow costs related to the application. 4. The amendment shall not be effective until the Metropolitan Council has approved the amendment. The Planning Commission recommend approval of the request for rezoning from AG-C to R-C and PUD for PID 16.032.20.31.0006. Approval includes an ordinance and resolution. The following conditions of approval are recommended for the ordinance: Section 2. PUD District Regulations. Permitted uses and regulations acceptable to the PUD are hereby established as follows: 1. Land Use – Uses permitted, conditional, interim uses within this PUD shall be the following: a. Permitted i. Single-family dwelling ii. Agriculture iii. Rural Event Facility iv. Restaurant b. All other uses are prohibited. 2. Accessory Uses - Accessory uses shall be incidental to the principal uses of the property and as allowed in the R-C base zoning district. 3. Design and Performance Standards – Unless a PUD deviation has been granted or conditions imposed, the standards for this property shall be those found in the R-C Base Zoning District, Chapter 153.300 of the Unified Development Ordinance. The following deviations are granted and conditions are required as proposed: a. The site shall be allowed multiple uses and multiple principal structures. b. The site must be in substantial compliance with the site plan submitted by the applicant on September 6, 2023. Any additional structures shall require a PUD Amendment and survey. c. Parking shall be provided on the site for all uses in accordance with the current parking standards. 13 | P a g e d. No parking for the use is permitted on public streets. e. The existing vegetation and screening shall continue to be maintained. f. The residence on the site may not be used as a short-term or long-term rental property. g. The parking lot entry and drive lanes shall accommodate 2-way traffic. h. All access to and from the site for the rural event facility shall be from Meadowbrook Avenue North. i. Events shall be limited to 300 persons. j. Outdoor sound amplification is permitted for ceremonies only. Ceremonies include formal acts or observances that are part of an event, such as a wedding ceremony, awards presentation, acknowledgment of a significant event, or similar observance. Outdoor sound amplification of ceremonies may include amplification of voices and music that are specifically scheduled as part of the ceremony. No other outdoor sounds associated with an event, such as parties or celebrations associated with, preceding or following the ceremony, may be amplified. k. Sound amplification for events is permitted in the barn. l. All sound associated with events shall meet the current requirements of the City’s Noise Ordinance (Ordinance 65 and its amendments) and State Rules. m. Events shall not generate noise that unreasonably annoys, disturbs, or endangers the comfort or peace of any person, or precludes their enjoyment of property or affects their property’s values. n. The Rural Event Activity Area must be located at least 100 feet from the boundaries of adjoining properties. o. If the facility holds events where alcoholic beverages are served, the consumption of alcohol is restricted to the Rural Event Activity Areas only and excludes the parking lots, and must meet the 100-foot setback requirement. p. Security staff must be provided at events if alcoholic beverages are served. q. Events may not begin before 9 AM and must cease by 10 PM. All amplified sound must conclude by 10 PM. All guests must be off the site by 10:30 PM. r. No more than four events may be scheduled on any calendar date. s. The City may inspect the Rural Event Facility at any time in response to complaints or to verify compliance with these standards 14 | P a g e The following conditions of approval are recommended for the resolution: 1. Approval is subject to the approval of Resolution 09-19-23-01 (Comprehensive Plan Map Amendment Guiding 12680 Scandia Trl N as Rural Commercial) and approval by the Metropolitan Council. 2. Approval is subject to the approval of Ordinance 2023-11 (Rezoning 12680 Scandia Trl N from AG-C to R-C and PUD). 3. The applicant shall submit a parking plan that identifies parking areas and number of parking stalls before restaurant operations begin on the site. 4. The applicant shall comply with all local, state, and federal permits and requirements. 5. No work is approved with this resolution. The applicant shall obtain all necessary permits prior to work on the site. 6. The applicant shall pay all fees and escrow costs related to the application. RECOMMENDATION Staff recommends the Planning Commission recommend approval of the attached ordinance and resolutions to rezone and guide 12680 Scandia Trl N, with conditions as described in the staff report. Attachments A. Resolution 09-19-23-01 Approving Submitting the CPA to Metropolitan Council B. Ordinance 2023-11 Amending the Official Zoning Map C. Resolution 09-19-23-02 Approving Findings of Fact for Rezoning and PUD D. Location Map E. Zoning Map F. 2040 Future Land Use Map G. Application H. Parking Plan submitted August 4, 2023 I. Site Plan submitted August 6, 2023 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 09-19-23-01 APPROVING AN AMENDMENT TO THE FUTURE LAND USE MAP IN THE 2040 SCANDIA COMPREHENSIVE PLAN FOR PID 16.032.20.31.0006 LOCATED AT 12680 SCANDIA TRL N WHEREAS, Jeffrey A. Gacek (the “applicant”), has requested approval to amend the designation of the parcel addressed 12680 Scandia Trail N in the Future Land Use Map of the 2040 Scandia Comprehensive Plan; and WHEREAS, the property is legally described as follows: THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 32, RANGE 20, SUBJECT TO ROAD EASEMENTS SECTION 16 TOWNSHIP 32 RANGE 20 WHEREAS, the Planning Commission reviewed the Comprehensive Plan Amendment request at a duly noticed Public Hearing on September 5th, 2023, and recommended that the City Council approve the request with conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the request for the Future Land Use Map Comprehensive Plan Amendment of parcel 16.032.20.31.0006, based on the following findings and conditions: 1. The existing and proposed use of Redeemed Farms support Goal 1 of economic competitiveness of the Comprehensive Plan stating, “Concentrate on retaining and expanding local businesses in and around the Village Center and existing Rural Commercial districts.” 2. The amendment will allow for the parcel to be rezoned to the Rural Commercial Base Zoning District to accommodate the proposed uses of a future restaurant, rural event facility, agriculture (vineyard), and single-family residence. This meets the purpose and intent of the 2040 Comprehensive Plan and the Rural Commercial future land use guidance. 3. The applicant shall pay all fees and escrow costs related to the application. 4. The amendment shall not be effective until the Metropolitan Council has approved the amendment. Whereupon, said Resolution is hereby declared adopted on this 19 day of September 2023. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator CITY OF SCANDIA ORDINANCE NO. 2023-11 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP TO REZONE PID 16.032.20.31.0006 FROM AGRICULTURAL CORE (AG-C) TO RURAL COMMERCIAL R-C) AND PLANNED UNIT DEVELOPMENT (PUD) The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1. Amendment. The official Zoning Map, as adopted in 153.200.020 Subd. 1 of the Unified Development Code of the City of Scandia is hereby amended to change the designation of the following described property from Agricultural Core (AG-C) to Rural Commercial (R-C) and Planned Unit Development (PUD): THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 32, RANGE 20, SUBJECT TO ROAD EASEMENTS SECTION 16 TOWNSHIP 32 RANGE 20 Section 2. PUD District Regulations. Permitted uses and regulations acceptable to the PUD are hereby established as follows: 1. Land Use – Uses permitted, conditional, interim uses within this PUD shall be the following: a. Permitted i. Single-family dwelling ii. Agriculture iii. Rural Event Facility iv. Restaurant b. All other uses are prohibited. 2. Accessory Uses - Accessory uses shall be incidental to the principal uses of the property and as allowed in the R-C base zoning district. 3. Design and Performance Standards – Unless a PUD deviation has been granted or conditions imposed, the standards for this property shall be those found in the R-C Base Zoning District, Chapter 153.300 of the Unified Development Ordinance. The following deviations are granted and conditions are required as proposed: a. The site shall be allowed multiple uses and multiple principal structures. b. The site must be in substantial compliance with the site plan submitted by the applicant on September 6, 2023. Any additional structures shall require a PUD Amendment and survey. c. Parking shall be provided on the site for all uses in accordance with the current parking standards. d. No parking for the use is permitted on public streets. e. The existing vegetation and screening shall continue to be maintained. f. The residence on the site may not be used as a short-term or long-term rental property. g. The parking lot entry and drive lanes shall accommodate 2-way traffic. h. All access to and from the site for the rural event facility shall be from Meadowbrook Avenue North. i. Events shall be limited to 300 persons. j. Outdoor sound amplification is permitted for ceremonies only. Ceremonies include formal acts or observances that are part of an event, such as a wedding ceremony, awards presentation, acknowledgment of a significant event, or similar observance. Outdoor sound amplification of ceremonies may include amplification of voices and music that are specifically scheduled as part of the ceremony. No other outdoor sounds associated with an event, such as parties or celebrations associated with, preceding or following the ceremony, may be amplified. k. Sound amplification for events is permitted in the barn. l. All sound associated with events shall meet the current requirements of the City’s Noise Ordinance (Ordinance 65 and its amendments) and State Rules. m. Events shall not generate noise that unreasonably annoys, disturbs, or endangers the comfort or peace of any person, or precludes their enjoyment of property or affects their property’s values. n. The Rural Event Activity Area must be located at least 100 feet from the boundaries of adjoining properties. o. If the facility holds events where alcoholic beverages are served, the consumption of alcohol is restricted to the Rural Event Activity Areas only and excludes the parking lots, and must meet the 100-foot setback requirement. p. Security staff must be provided at events if alcoholic beverages are served. q. Events may not begin before 9 AM and must cease by 10 PM. All amplified sound must conclude by 10 PM. All guests must be off the site by 10:30 PM. r. No more than four events may be scheduled on any calendar date. s. The City may inspect the Rural Event Facility at any time in response to complaints or to verify compliance with these standards Section 3: Effective Date. This ordinance shall be effective upon its passage and summary publication according to law. Passed and adopted by the City Council of the City of Scandia this 19th day of September 2023. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 09-19-23-02 APPROVING FINDINGS OF FACT FOR REZONING FOR PARCEL ID 16.032.20.31.0006 WHEREAS, Jeffrey A. Gacek (the “applicant”), has requested approval to rezone 19.99 acres legally described as follows: THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 32, RANGE 20, SUBJECT TO ROAD EASEMENTS SECTION 16 TOWNSHIP 32 RANGE 20 WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on September 5th, 2023, and recommended that the City Council approve the request with conditions; WHEREAS, the City Council has adopted an Ordinance 2023-11 rezoning the affected parcels from Agricultural Core (AG-C) to Rural Commercial (R-C) and Planned Unit Development PUD). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the request for the reclassification of the property, based on the following findings: 1. The proposed rezoning is for a single-family dwelling, a rural event facility, agriculture vineyard), and a future restaurant. This meets the purpose and intent of the proposed Base Zoning District. 2. The existing and proposed use of Redeemed Farms support Goal 1 of the Economic Competitiveness of the Comprehensive Plan stating, “Concentrate on retaining and expanding local businesses in and around the Village Center and existing Rural Commercial districts.” 3. PUDs are permitted in the R-C district. 4. There is no maximum residential density of the R-C zoning district. 5. The site meets minimum lot size, maximum building height, maximum lot coverage, maximum building height, and minimum frontage standards. 6. The site meets setbacks and screening requirements of the proposed R-C zoning district. 7. Adequate utilities serve the site. 8. The current and proposed uses and structures appear to conform with the Character Area Standards. 9. The underlying zoning district, R-C, allows Rural Event Facilities and Single-Family Dwellings as conditional uses. The following findings support the approval of these uses: a. The PUD to allow multiple uses including a future restaurant will promote and enhance the general public welfare, and will not be detrimental to or endanger the public health, safety, morals, or comfort. b. The PUD to allow multiple uses including a future restaurant will not be injurious to the use and enjoyment of other property. c. The proposed use will not impede development or improvement of surrounding properties. d. The proposed use will use the existing access, no new curb cut or access drive will be needed. The existing and proposed use does not require an extension of city-owned public facilities. e. The proposed use is consistent with the applicable regulations of the proposed R- C District and is consistent with the requirements of the UDC. f. The PUD meets the general and specific performance standards of the UDC. g. The current and proposed uses meet the use specific standards for a Rural Event Facility. Staff has included conditions to address these standards. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. Approval is subject to the approval of Resolution 09-19-23-01 (Comprehensive Plan Map Amendment Guiding 12680 Scandia Trl N as Rural Commercial) and approval by the Metropolitan Council. 2. Approval is subject to the approval of Ordinance 2023-11 (Rezoning 12680 Scandia Trl N from AG-C to R-C and PUD). 3. The applicant shall submit a parking plan that identifies parking areas and number of parking stalls before restaurant operations begin on the site. 4. The applicant shall comply with all local, state, and federal permits and requirements. 5. No work is approved with this resolution. The applicant shall obtain all necessary permits prior to work on the site. 6. The applicant shall pay all fees and escrow costs related to the application. Whereupon, said Resolution is hereby declared adopted on this 19th day of September 2023. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator 1 CITY OF SCANDIA WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 09-19-23-09 A RESOLUTION OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, PROVIDING FOR THE SUMMARY PUBLICATION OF ORDINANCE NO. 2023-11, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCANDIA, MINNESOTA, APPROVING AN AMENDMENT TO THE OFFICIAL ZONING MAP TO REZONE PID 16.032.20.31.0006 FROM AGRICULTURAL CORE (AG-C) TO RURAL COMMERCIAL R-C) AND PLANNED UNIT DEVELOPMENT WHEREAS, On September 19th, 2023, at a Meeting of the Scandia City Council, by majority vote, the City Council adopted Ordinance No. 2023-11 which amends the official Zoning Map in the Unified Development Code to change the designation of PID 16.032.20.31.0006 from Agricultural Core AG-C) to Rural Commercial (R-C) and Planned Unit Development (PUD); and WHEREAS, State law requires that all ordinances adopted be published prior to becoming effective; and WHEREAS, the City Council for the City of Scandia has determined that publication of the title and a summary of Ordinance No. 2023-11 would clearly inform the public of the intent and effect of the Ordinance; and WHEREAS, the City Council for the City of Scandia has reviewed the summary of Ordinance No. 2023-11 attached and incorporated herein as Exhibit A; and WHEREAS, the City Council for the City of Scandia has determined that the text of the summary clearly informs the public of the intent and effect of Ordinance No. 2023-11. NOW THEREFORE BE IT RESOLVED, the City Council for the City of Scandia hereby: 1. Approves the text of the summary of Ordinance No. 2023-11 attached as Exhibit A. 2. Directs the City Clerk to post a copy of the entire text of Ordinance No. 2023-11 in all public locations designated by the City Council. 3. Directs the City Clerk to publish the summary in the City’s legal newspaper within ten days. 4. Directs the City Clerk to file the executed Ordinance upon the books and records of the City along with proof of publication. Dated this 19th day of September 2023 Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator 2 Exhibit A Ordinance Summary SUMMARY PUBLICATION OF ORDINANCE NO. 2023-11, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCANDIA, MINNESOTA, APPROVING AN AMENDMENT TO THE OFFICIAL ZONING MAP TO REZONE PID 16.032.20.31.0006 FROM AGRICULTURAL CORE (AG-C) TO RURAL COMMERCIAL (R-C) AND PLANNED UNIT DEVELOPMENT On September 19th, 2023, at a Meeting of the Scandia City Council, by majority vote, the City Council adopted Ordinance No. 2023-11 which amends the official Zoning Map in the Unified Development Code to change the designation of PID 16.032.20.31.0006 from Agricultural Core (AG-C) to Rural Commercial (R-C) and Planned Unit Development (PUD). The ordinance established permitted uses and regulations acceptable to the PUD. A printed copy of the Ordinance is available for inspection by any person during regular office hours at City Hall or by standard or electronic mail. 3, 00 9.3© Bolton & Menk, Inc - Web GIS 0 Legend Location Map This drawingisneitheralegally recordedmapnor a survey andisnotintended tobe used asone. This drawingisacompilationofrecords, information, anddata locatedinvarious city, county, andstateoffices, andother sources affecting the areashown, andistobe used for reference purposes only. TheCity ofScandia isnot responsible foranyinaccuracieshereincontained. Disclaimer: 8/23/2023 12:34PM 2,107 Feet Roads US Trunk Highway Minnesota Trunk Highway County Highway Local Roads Ramp City Limits Parks Scandia_2022.sid Red: Band_1 Green: Band_2 Blue: Band_3 75 2.3 Bolton & Menk, Inc - Web GIS 0 Legend Zoning Map This drawingisneitheralegally recordedmapnor a survey andisnotintended tobe used asone. This drawingisacompilationofrecords, information, anddata locatedinvarious city, county, andstateoffices, andother sources affecting the areashown, andistobe used for reference purposes only. TheCity ofScandia isnot responsible foranyinaccuracieshereincontained. Disclaimer: 8/23/2023 10:56AM 527 Feet City Limits Parcels (7/1/2023) Lot Lines Parks Shoreland Overlay PUD Overlay Lakes Mining Overlay Saint Croix River District Zoning Agricultural Core Agricultural Preserves Rural Residential General Village Neighborhood Rural Commercial Rural Residential Neighborhood Village Historic Core Village Center Industrial Park Scandia_2022.sid Red: Band_1 Green: Band_2 Blue: Band_3 Scandia 2040 Comprehensive Plan Land Use Prepared by: Bolton & Menk, Inc. Page 21 Figure II-H – Planned Land Use Brid al Suite Private Residence Private Garage VineyardLawn Ceremony Chapel Stable Caterer Room Pavilion 2 1 3 2 5 M e a d o w b r o o k A v e White Pergola P a r k i n g ENTRANC E 1902 Barn Future Addition Administrative Permit 2023 Corn Crib Historic Barn Garden Shed Pole Barn 97/Scandia Trail FLUSHMULTI-PLYGIRDERTRUSSHELDUPBY2POSTS (BLACK) AND2CROSSBEAMS (STEELBEAMALT.)CROSSBEAM EX .MENEX.WOMEN EXISTINGMULTI-PURPOSEROOM MEN WOMENUTILITYSINK NEW STORAGEROOM HEAD TAB LE COLUMN CROSSBEAMCOLUMN 1/2" 1/4" 2" 51/2" 51/2" Deer Fence REDEEMED SITE PLAN F A R M A Vineyard Estate