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7.b 2 1 Gacek Rural Event IUP and AOP Council 10.18.16I C" 0 1;1'10 1 A The right time. The right people. The right company MEMORANDUM 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 (651)292-4400 (651) 292-0083 Fax www.tkda.com To: Scandia City Council Reference: Gacek 1UP and AOP for Rural Event Facility Neil Soltis, Administrator Copies To: Brenda Eklund, Clerk Jeff and Julie Gacek, Applicants From: Sherri Buss, RLA AICP, Planner Proj. No.: 16022.015 Date: October 3, 2016 Routing: SUBJECT: Gacek Interim Use Permit (IUP) and Annual Operating Permit (AOP) for a Rural Event Facility MEETING DATE: October 18, 2016 LOCATION: 12680 Scandia Trail North Scandia, Minnesota APPLICANTS: Jeff and Julie Gacek ZONING: Agriculture Core (AG C) District 120 -DAY PERIOD: November 3, 2016 ITEMS REVIEWED: Application and materials received July 6, 2016; supplemental information received on September 16, 2016 THIS MEMO HAS BEEN UPDATED TO INCLUDE THE NEW INFORMATION THAT THE APPLICANT SUBMITTED TO RESPOND TO ISSUES IDENTIFIED AT THE PUBLIC HEARING IN AUGUST, AND STAFF COMMENTS ON THE NEW INFORMATION AND REVISED SITE PLAN. THE PLANNER'S CHANGES TO THE MEMO TEXT AND PROPOSED CONDITIONS ARE IDENTIFED IN BOLD TEXT. SEPTEMBER 26 COMMENTS FROM THE CITY'S ENGINEER AND RECOMMENDED CHANGES TO THE CONDITIONS ARE IN RED TEXT. BRIEF DESCRIPTION OF THE REQUEST: The applicants are requesting an Interim Use Permit (IUP) and an Annual Operating Permit (AOP) for a Rural Event Facility to be located at 12680 Scandia Trail North. The subject property is located in the Agriculture Core (AG C) Zoning District, and includes 19.98 acres. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Gacek IUP and AOP for Rural Event Facility Page 2 October 18, 2016 Scandia Planning Commission BACKGROUND: The applicants are seeking an IUP and AOP to use a portion of their farm for worship, weddings, and retreat events. The applicants estimate a total number of 35-75 events per year. The proposed events include: o Worship services in the barn once per week for churches and faith -based organizations. ■ The services may include barbeques and hay rides between April and October ■ The applicants estimate that up to 150 attendees and 10 on-site volunteers may participate in these events o Marriage retreats on an occasional basis between April and October ■ The applicants estimate up to 40 attendees and 2 on-site volunteers for these events o Wedding ceremonies on Friday or Saturday night between April and October ■ The applicants estimate up to 150 attendees for these events and some on-site staff to manage parking, catering and other aspects of the events. The proposed hours of operation include: o Event set-up times between 9 a.m. and 5 p.m. o Event times between 5 p.m. and 10 p.m. o All activities end by 10:30 p.m. The original plan for the proposed facilities (see "Building Layout" sketch) included: o Use of the existing Grainery, Machine Shed, and Barn/Bunkhouse for events. o Proposed Outdoor Amplifed area and Indoor Amplified Area. o Parking area for up to 100 cars. The applicants estimate that up to 100 cars may enter and leave the site for the events via the driveway from Meadowbrook Avenue. No parking will be permitted on City streets. o A new septic area and location for portable toilet facilities o Exterior lighting for events o Exterior sound amplification of ceremonies only o Occasional use of temporary tent structures o Sign for the event facility on Meadowbrook Avenue at the parking area o Addition of 32 trees for screening along Scandia Trail North and additional landscaping on the site o Solid waste management services by contract o Emergency access from Scandia Trail and Meadowbrook Avenue The revised site plan (Landscape Plan by Abrahamson Nursery dated September 14) included the following changes from the original plan: 0 99 total parking spaces. All parking to be located on two grassed areas. o All access, including emergency access, from Meadowbrook Avenue. o All amplified events to be held indoors, in the eastern barn. o Use of the Machine Shed and two Barns for events o Proposed septic system holding tank o Revised landscape/screening plan Gacek IUP and AOP for Rural Event Facility Page 3 October 18, 2016 Scandia Planning Commission DEVELOPMENT CODE DEFINITION AND CRITERIA FOR A RURAL EVENT FACILITY Scandia's Development Code defines a Rural Event Facility as: A facility that operates on a for profit basis to host outdoor or indoor gatherings that do not exceed twelve (12) hours in duration. The gatherings may include, but are not limited to, events such as weddings or other ceremonies, dances, festivals, picnics or any other gathering of a similar nature that the City determines to be consistent with and supportive of the rural and historic character of the community. Gatherings may not include activities that include the discharge of firearms, competitions among motorized vehicles, or other events that the City determines to be incompatible with the community's character or intent of this chapter. " The Development Code has several performance standards for Rural Event Facilities: A) The minimum lot area required for Rural Event Facilities is 20 acres. The use is permitted in the Agriculture Core (AG C) and General Rural (GR) Districts B) Events shall be limited to a maximum of 300 persons. C -N) Additional criteria related to facilities and operation of the Rural Event Facility, detailed in the analysis below. Rural Event Facilities must also meet the requirements for all IVP's included in the Development Code. Rural Event Facilities must also obtain an Annual Operating Permit (AOP). GENERAL CRITERIA FOR GRANTING AN IUP and AOP The City's Development Code identifies the general criteria that should be considered for evaluating an IUP request and granting this permit. The Code indicates that the criteria that the Planning Commision shall consider include the following to approve the IUP: The proposed use shall meet the applicable standards for a conditional use permit included in the Development Code, which include: o Consistency with the Comprehensive Plan, public facilities, and capital improvements plan o Impact of the proposed use on the health, safety and general welfare of the occupants of surrounding lands o Existing and anticipated traffic conditions, including parking facilities, and impacts o Effect of the proposed use on utility and school capacities o Effect of the proposed use on property values and scenic views o Relationship to the Comprehensive Plan o Ability of the proposed use to meet the standards of the Development Code o Effect of the proposed use on groundwater, surface waters and air quality • The use is allowed as an interim use in the respective zoning district • The date or event that will terminate the use can be identified with certainty • The use will not impose additional unreasonable costs on the public • The user agrees to any conditions that the City Council deems appropriate for permission of the use Gacek IUP and AOP for Rural Event Facility Page 4 October 18, 2016 Scandia Planning Commission The code includes the following required submittals for an AOP: • Annual report summarizing operations during the past year. • Proposed operations for the coming year and expected changes from previous operation • City inspection, if completed. DETAILED EVALUATION OF THE IUP REQUEST: L RURAL EVENT FACILITYPERFORMANCE STANDARDS A) Lot Size The minimum lot size required for a Rural Event Facility is 20 acres. The applicants' parcel is 19.98 acres in size, based on the Washington County parcel data. Because the property size is slightly less than the minimum allowed in the Code, the owners requested an Administrative Exception to the zoning standard. The Administrative Exception Section of the Code allows the Zoning Administrator to grant the Exception for a single family lot that deviates from a minimum lot requirement by 5% or less, so that the lot may be considered to be in compliance for the purposed of the lot size criteria identified for the Use Standards included in the Code. The Code includes the criteria for granting the Administrative Exception. Scandia (and many other cities) have a provision for Administrative Exceptions in the code to address situations where there may have been a surveyor error, a portion of the lot has been acquired for right-of-way, or other issues beyond the control of the landowner that have slightly reduced the lot size. The applicants applied to the City for an Administrative Exception to the required lot size for a Rural Event Facility. The existing parcel is approximately 99% of the size of a 20 -acre parcel. The City Administrator granted the exception. Based on that approval, the parcel meets the minimum lot size required for a Rural Event Facility. B) Maximum Event Size The ordinance standards limit the size of events to a maximum of 300 persons. The applicants estimated that the maximum size of events will be 150 persons, and this is the maximum event size evaluated in the Transportation Study. The proposed maximum event sizes meet the ordinance requirement. The Planner included a proposed condition that events may not exceed 150 attendees, based on the proposed number of parking spaces and the maximum number of attendees analyzed in the Transportation Study. C) Utilities, including Wastewater Treatment and Septic System The ordinance requires that adequate utilities must be available on-site. The ordinance permits the use of portable toilet facilities. The revised site plan includes a Holding Tank near the barn. The Planner included a condition that the applicants provide adequate on-site septic facilities for events. Any new or upgraded subsurface septic system facilities shall obtain a Washington County permit. Gacek IUP and AOP for Rural Event Facility Page 5 October 18, 2016 Scandia Planning Commission D) Access from a Public Roadway The ordinance requires that Rural Event Facilities have direct access from a public roadway. Direct access to the Gacek facility is proposed from Meadowbrook Avenue to the parking area. The City Engineer provided the following comments related to access to the site: 1. When final driveway location is determined, it should be reviewed whether or not a driveway culvert is necessary to maintain drainage. Grades and slopes cannot be determined based on the information provided. 2. The parking lot entrance shall be wide enough (32 feet maximum) to accommodate 2 -way traffic and the driving lanes within the parking area shall be a minimum of 24 feet in width. The revised plan includes an entrance approximately 32 feet in width. 3. Right-of-way shall be secured and recorded along the entire southern boundary of the property consistent with the parcel to the south of Highway 97, and reviewed and approved by MnDOT. 4. Right-of-way shall be secured and recorded along the entire western boundary of the property 33' east of the section line along Meadowbrook Avenue North. The City requested that MnDOT review the proposed rural event facility and access. MnDOT reviewed the initial plan, and provided the following comments on August 17, 2016: • All access to the event center including parking will need to come from Meadowbrook. (Follow up discussion with MnDOT determined that this includes emergency access.) The applicants revised the site plan to show all access from Meadowbrook. The Planner sent the revised plans to the City Engineer for review. The Engineer reviewed the revised plans and recommended the following: • The final site plan shall address the Engineer's comments included in his memo dated July 13, 2016. (Those comments are 1-4 above and 5 and 6, below.) • The proposed/revised emergency vehicle access from Meadowbrook Avenue should be constructed to support emergency medical vehicles and include a turnaround at the east end of the access route. The Fire Chief should review and approve the proposed emergency vehicle access. The emergency vehicle access shall be shown on the final site plans and shall be improved to meet City requirements (not a grassed roadway.) • The applicants shall install a stop sign at the emergency vehicle access. • Meadowbrook can accommodate the proposed traffic volumes, and no improvements are needed to Meadowbrook to accommodate the proposed use. The Engineer's comments noted that MnDOT's Roadway Design Manual may require that the applicant add a left turn lane on TH 97 at Meadowbrook since Meadowbrook is a public road. City staff provided the applicants' Traffic Study to MnDOT and requested the agency's comments regarding the turn lane requirement. The Engineer noted that his Traffic engineer does not have a major issue if the turn land is not added, but that MnDOT is the road authority for TH 97, and they need to make a recommendation on this issue. MnDOT's comments on October 4 included the following: • There is a concern that east bound traffic coming over the hill to the west (crest located around 213th Street) would not have adequate time to react to the back of a stopped queue of traffic Gacek IUP and AOP for Rural Event Facility Page 6 October 18, 2016 Scandia Planning Commission attempting to turn left to the event center. This is a concern considering some of the issues on TH97 in the past in areas lacking left turn lanes. The city and MnDOT should monitor the situation closely. If it becomes an issue, I think they would have to address the problem with our Work Zone/Temporary Traffic Control group. This would likely include temporary signing, avoiding peak traffic periods, or providing police for traffic control. MnDOT would like clarification regarding the projected trip methodology and assumptions. Please clarify if the projected trips are based on the types of events they plan to host or if they are based on limiting factors such as the number of parking spaces available. The events should not overflow the provided parking as there is a concern about causing congestion on TH97 and the use of the trunk highway for overflow parking. In addition, please look at Turn Lane Warrants from MnDOT's Access Management Guide to determine if right -turn lanes or left -turn lanes are needed. E) Parking The ordinance requires that the facility provide on-site parking, sufficient to handle guest, staff, vendor, and owner vehicles. No parking shall be permitted on public streets. The applicant's Transportation Study assumed a maximum attendance at events of 150 persons, and 2 persons per vehicle. Based on the applicants' estimate that a maximum of 150 people plus 10 staff will attend events at the facility, the proposed parking area meets the size requirement for parking. The Planner has included a condition that no parking for the event facility shall occur on public streets. The revised plan shows 99 parking spaces on grass surface. The proposed parking area meets the setback requirement (100 feet) from the western boundary. The application proposes a grass and gravel parking surface. The Engineer included the following comments regarding the parking area: 5. Because of the flat topography, the Engineer anticipates that the site currently has poor drainage and the applicant should review the subsoils prior to placing aggregate materials for the parking surface. Small rain events will certainly make the flat surface spongy and will become more difficult for vehicles to maneuver. 6. The City Engineer could not review the drainage plan with the information provided on the revised site plan because no elevations or contours were provided. The owner shall carefully review soil conditions if planning on moving forward with grass parking areas. If the owners decide to add a gravel or paved surface to the parking lot in the future, they shall obtain the required City and Watershed District permits for the proposed improvements. 7. With the amount of potential traffic generated for each event, the first 75 feet of the proposed driveway shall be required to be paved or reviewed for an alternative surface such as trap rock to minimize the amount of sediment dragged out onto Meadowbrook Avenue North. If the entire parking area shown on the survey were paved, the impervious cover on the parcel would exceed the 25% maximum permitted by the ordinance. The applicant should revise the plans to show the proposed rock or paved area with an accurate calculation of all impervious surfaces on the parcel for approval by the City Engineer and review with the Comfort Lake Forest Lake Watershed District. Gacek IUP and AOP for Rural Event Facility Page 7 Scandia Planning Commission October 18, 2016 The Planner has included proposed conditions that the first 75 feet of the driveway shall be paved or constructed with an alternative surface such as trap rock that has been approved by the City Engineer, and that proposed future gravel or paved surface in the parking lots shall obtain all required City and Watershed District permits. The Planner has included a proposed condition that the site plan be revised to place the parking in a location that meets the 100 -foot setback requirement from all parcel boundaries. F) Sound Amplification The Planning Commission reviewed the sound amplification standards in the Rural Event Facility ordinance, and determined that the standards limiting sound amplification were intended to apply to outdoor sound amplification. The ordinance permits outdoor sound amplification of ceremonies only. Outdoor sound amplification is limited to voices and music that are part of the ceremony. The application states that outdoor sound amplification will be limited to ceremonial events. Amplified events such as parties and celebrations will be held within the barn. The proposed location of amplification meets the ordinance requirement. The Planner estimated the distance from the proposed events area to the nearest homes to be over 1,000 feet. The applicant provided additional information regarding proposed amplified sound for events as follows: "We will be adding our own permanent sound system in the barn. This sound system will be a balanced system controlled by a decibel limiter that will prevent music from being played beyond a certain decibel. Anyone who choses this venue will be required to use our sound system. We will be the only persons that will have access to change the decibels." The applicant also provided information from the Occupational Safety and Health Administration (OSHA) that shows typical sound levels and the rates at which sound levels, measured in decibels (dBA), typically diminish with distance. The information states that a sound level of 95 dBA (maximum level proposed by the applicant in discussions with the City) diminishes to 41 dBA within 840 feet. Adjacent homes are located more than 1000 feet from the building where sound amplification is proposed. The State of Minnesota noise rules set a limit of 60-65 dBA during the daytime (7:00 a.m. —10:00 p.m.) and 50-55 dBA from 10:00 p.m. to 7 a.m. (The decibel level is given as a range based on the duration of the sound.) The Planner included the following conditions related to sound amplification: • Outdoor sound amplification of ceremonies only is permitted, including voices and music that are part of the ceremony. Parties or celebrations preceding or following the event shall not include outdoor amplified sound. Amplified outdoor sound shall be directed toward the applicant's home and interior of the Rural Event Facility site rather than surrounding properties. • Sound amplification for events is permitted in the barn. All doors, windows, and other openings shall be closed while sound amplification is occurring. (The Planning Commission should discuss whether closing doors and windows will be required, or whether the ordinance standards are sufficient.) All sound associated with events shall meet State Regulations and the city's noise ordinance requirements (Ordinance 65): Gacek IUP and AOP for Rural Event Facility Page 8 October 18, 2016 Scandia Planning Commission o 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. o All amplified sound and noise related to events on the property shall be controlled between the hours of 10 p.m. and 7 a.m. so that the sound is not audible beyond the property boundaries. G) Setbacks The ordinance requires a setback of at least 100 feet from the boundaries of adjoining properties. The City may require screening of the outdoor event areas. (Screening is discussed with proposed landscaping.) The Survey Overlay submitted with the proposal shows the parcel boundaries and location of new facilities. The proposed barn is located approximately 30 feet from the eastern parcel boundary, and related septic and portable toilet areas are also not 100 feet from the boundary. The distance between the proposed parking area and western property line is approximately 40 feet. The revised plan indicates that the barn will be 100 feet from the eastern boundary of the parcel. Notes on the plan suggest that the applicants are proposing a lot line adjustment with the adjacent parcel they own to the east in order to meet the setback requirement. The Planner included a proposed condition that all elements of the facilitv shall be at least 100 feet from the property boundaries. The applicants shall complete a lot line adiustment of the eastern boundary so that the barn meets the setback requirement. H) Hours of Operation The ordinance state that events may not begin before 9 AM and shall cease by 10 PM. All amplified sound shall conclude by 10 PM. All guests shall be off the site by 10:30 PM. The hours proposed by the applicant meet the ordinance reauirement. The Planner included a condition for the approval of the IUP that that events may not beizin before 9 AM and shall cease by 10 PM. All amplified sound shall conclude by 10 PM. All izuests shall be off the site by 10:30 PM. I) Number of events The ordinance includes a requirement that no more than one event shall be scheduled on any calendar date. The applicants have proposed 35-75 events per year, and analyzed the traffic impacts of the Rural Event Facility based on a maximum of 75 events per year. The Planner included a condition for approval to limit the number of events to a maximum of 75 events per year. J) Signs The ordinance requires signs for the facility to conform to the development code. The Performance Standards for Rural Event Facilities stated that "One sign is permitted with a maximum size of 32 square feet, and one temporary sign is permitted for each event at each street entrance. The temporary sign may not Gacek IUP and AOP for Rural Event Facility Page 9 Scandia Planning Commission October 18, 2016 be placed more than 10 days before the event and shall be removed within 24 hours of the end of the event. The temporary sign may not exceed ten (10) square feet in area and requires a sign permit. The City amended the sign ordinance since the adoption of the Rural Event Facility Ordnance, and the current Sign Ordinance requirements state that the maximum size of a sign in the AG C district is ten square feet in size, up to three signs of this size are permitted per parcel, and no permit is required for signs that are 10 square feet or less in size. The Planner included a condition that the sign for the Rural Event Facility must meet the current requirements of the sign ordinance. K) Compliance with Regulations The Planner included a condition for approval of the IUP that the Rural Event Facility shall comply with all rules and regulations of Federal, State, County and Local agencies, and the facility must pass inspections by the Building Official and Fire Inspector. Stormwater. The Comfort Lake Forest Lake Watershed District reviewed the proposed use, and state that if the existing grass field will be used for parking, then no watershed district permit is required. If the use will disturb more than 1 acre or will move more than 200 cubic yards of material, an erosion control permit will be required. If the applicants utilized gravel or paving for the parking lot, these would be considered impervious surfaces, and would be required to meet the District's stormwater management rules. The Planner included a condition that the applicants shall obtain a watershed district permit if required based on the final plan for the parking lot and facilities, and shall obtain any required watershed district permit in the future if a gravel or paved surface is proposed to be added to the parking areas. Fire Inspection. The Engineer recommended that the City's Fire Chief review the site plan and provide comments regarding safety. . L) Landscaping, Security, sanitary sewer, liability, and other requirements The existing buildings on the site are screened by existing vegetation to the north, west and south. The applicant proposed the addition of 30 coniferous trees to the south of the new buildings and parking lot. The Planning Commission requested that the applicant provide a screening and landscaping plan that meets the ordinance requirements. The Commission's discussion on August 2 emphasized that the site and event locations will be very visible to neighbors on all sides, and that the Planning Commission will recommend that the site plan be revised to include additional screening. The ordinance requirements for screening when there is a proposed change in land use include submittal of a landscape/screening plan that shows the location, number, species, and size of plant materials proposed to screen the site. The ordinance Screening requirements include the following: (Chapter 2, item 3.12 in the ordinance) • Landscaping shall include a combination of over -story trees, under -story trees, coniferous trees, shrubs and ground cover. The City encourages landscape plans that reflect the natural landscape of Scandia—using native species, and a mix of conifers and deciduous trees and shrubs. The list of recommended species is included in the ordinance. Gacek IUP and AOP for Rural Event Facility Page 10 October 18, 2016 Scandia Planning Commission • Coniferous trees—must be a minimum of 4' in height at planting—the Planning Commission may require 6' or 8' minimum height as on some recent applications where screening from neighbor views was of high concern • Deciduous "overstory" trees—must be at least 2 1/2" diameter trunk at 5' above the ground • Deciduous "understory" trees—must be at least 1 '/z" diameter trunk at 5' above the ground • Shrubs or hedge—must be at least 3 feet in height or 5 gallon The proposed screening for the parking areas generally meets the ordinance requirements for location and species to be used for screening. The applicant stated in phone calls with the Planner that he is proposing that the screening be dominated by conifer species so that the screening resembles a typical rural shelterbelt. The plan does not identify the size of materials to be planted or proposed spacing. The Planner included a condition for approval of the IUP that the landscape plan shall be revised to 1) indicate the spaces of plants used for screening and 2) indicate the size of materials proposed for planting to meet the ordinance requirements. The City Engineer recommended a condition that landscaping along TH 97 shall be located outside the MnDOT right-of-way and highway easement, and this condition is included for approval of the IUP. M) Length of IUP The Development Code states that the IUP shall terminate at a date specified in the permit, with a change in ownership or upon violation of conditions under which the permit was issued. The Planner has included a proposed condition that the IUP shall terminate with a chance in ownership or if the conditions under which the permit was issued are violated. N) IUP and AOP reviews The ordinances states that the City may schedule reviews of the Interim Use Permit or Annual Operating Permit as needed. The City may inspect the site as part of the permit review. The Planner included the criteria as a proposed condition for approval of the IUP and AOP. 2. GENERAL CRITERIA FOR GRANTING ANIUP OR CUP The criteria for granting an IUP include the criteria for a CUP, and are identified in bold text: Comprehensive Plan Conformance (also a CUP criteria) and conformance with public facilities and capital improvement plan. The Agriculture Core (AG C) was established in the Comprehensive Plan to provide large contiguous areas for agricultural production. The goals and policies in the plan encourage small-scale commercial activities that support long-term agricultural use. The use will not require additional public facilities or public Gacek IUP and AOP for Rural Event Facility Page 11 October 18, 2016 Scandia Planning Commission improvements. The request is consistent with the goals of the Comprehensive Plan and will not have negative impacts on the City's public facilities and capital improvement plan. Zoning District The use is permitted with an IUP and AOP in the Agriculture Core District. Period of'Permit The Planner has included a proposed condition that the Interim Use shall terminate with a change in ownership of the property. Public Service Demands The City Engineer has reviewed the proposed uses and identified required conditions for the use. With compliance with the conditions, the proposed use will not impose additional costs for public infrastructure or public services. CUP Criteria The criteria for granting a CUP are identified in bold text: The conditional use will be in compliance with and shall not have a negative effect upon the Comprehensive Plan, including public facilities and capital improvements plans. The Comprehensive Plan encourages the maintenance of agricultural uses in the AG C district, and allows for secondary uses related to agriculture through approval of a conditional use permit. The proposed use is consistent with the goals and policies in the comprehensive plan. The proposed use will not impact public facilities or the City's capital improvement plans. The establishment, maintenance and operation of the use will promote and enhance the general public welfare and will not be detrimental to the health, safety and general welfare of the occupants of surrounding lands The proposed Rural Event Facility use has the potential to impact health and welfare due to potential noise. The Planner has proposed conditions to manage the potential impacts to neighbors that are consistent with the performance standards in the Development Code and the City's Noise Ordinance (Ordinance 65). The conditional use will not be injurious to the use and enjoyment of other properties in the immediate vicinity for the purposes permitted nor substantially diminish or impairproperty values or scenic views. The proposed conditions include requirements for setbacks, management of noise and screening of the rural event facility so that it will not diminish property values of surrounding properties or scenic views from public roadways. Gacek IUP and AOP for Rural Event Facility Page 12 Scandia Planning Commission October 18, 2016 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 be located on a relatively large parcel and will be setback as the ordinance requires from surrounding parcels. If noise and other potential impacts are managed by implementation of the proposed conditions and compliance with the Development Code, the use will not impede the development and improvement of surrounding properties for uses permitted in the AG C District. Adequate public facilities and services are available or can be reasonable provided to accommodate the proposed use. No additional public facilities or services are needed for the use. The use conforms to the applicable regulations of the district in which it is located and applicable standards of the Development Code. The proposed use is permitted in the AG C District with an NP and AOP. The Code includes requirements and performance standards for Rural Event Facilities. The analysis in this staff report indicates that the proposed use complies with most of the regulations. The conditions require that the applicant revise the site plan to meet setback requirements and identify the area of impervious surfaces before approval of the permits. The proposed use will meet the other performance standards of the Development Code with implementation of the required conditions. The use conforms to the general and specific performance standards.for the use. The use conforms to most of the performance standards for this use. The Rural Event facility has the potential to affect nearby properties if noise and visual impacts are not managed to prevent or control impacts. The Planner has included proposed conditions to manage noise, consistent with the Development Code requirements. The Planning Commission should consider whether additional screening should be required for this use in order to meet the performance standards. Summary of the Evaluation of the IUP Request The evaluation of the proposed use based on the requirements and standards for the Rural Commercial Use, the IUP and AOP indicate that with the revised site plan and implementation of the proposed conditions the proposed use can meet the City's requirements and an IUP and AOP, with conditions. PLANNING COMMISSION DISCUSSION AND RECOMMENDATIONS The Planning Commission held a public hearing on the 1UP request on August 2. The Commission heard a large number of comments and concerns at the meeting related to the request, and required the applicants to submit additional information, including a traffic study, screening plan, and revised site plan. The Commission reviewed the new information at its meeting on October 4, and heard additional comments from residents and the applicants. Comments included concerns about whether the use is an accessory use, Gacek IUP and AOP for Rural Event Facility Page 13 October 18, 2016 Scandia Planning Commission potential noise impacts, traffic impacts, impacts to future homes, and impacts to property values. One neighbor spoke in support of the event facility. The Commission discussed the following issues: • Concerns about the visibility of parking, and need for screening from adjacent residential properties. • Is the proposed use an accessory use to the agricultural or residential use of the property? The City Attorney commented that he believes it meets the definition of accessory use. • Potential to limit the number of events to 40 during the first year in the AOP, with a potential increase in the future if there are no negative impacts • Concerns about traffic impacts and visibility at the TH97/Meadowbrook intersection. The Planning Commission recommended the addition of conditions requiring monitoring during 3 different events on different days of the week to identify problems. The Commission noted that MnDOT requested that the City monitor the use, and contact MnDOT if there is a need to discuss additional safety approaches at the intersection. • The Commission identified the conditions that will go in the AOP and those that will go in the IUP for this use. The Planning Commission voted to recommend approval of the IUP and AOP for the rural event facility, with the conditions identified for each permit. ACTION REQUESTED: The City Council can recommend the following: 1. Approve the request. 2. Approve the request with conditions. 3. Deny the request with findings. 4. Table the request. PLANNING COMMISSION RECOMMENDATIONS: The Planning Commission recommends that the City Council approve an Interim Use Permit and 2016-2017 Annual Operating Permit for a Rural Event Facility on the parcel located at 12680 Scandia Trail North. The Commission recommends the following conditions: Interim Use Permit (IUP) 1. The event activities on the site shall occur only within the areas identified on the Site Survey and Building Layout submitted with the application. 2. Each event shall be limited to a maximum of 150 attendees. 3. The applicants shall provide adequate on-site septic facilities. Any new or upgraded holding tank or other subsurface septic system facilities shall obtain a Washington County permit. 4. All access to and from the rural event facility shall be from Meadowbrook Avenue. Gacek IUP and AOP for Rural Event Facility Page 14 October 18, 2016 Scandia Planning Commission 5. The applicants shall carefully review soil conditions for the proposed grass parking areas. If the applicants decide to add a gravel or paved surface to the parking lot at any time, they shall obtain the required City and Watershed District permits for the proposed improvements. 6. No parking is permitted on public streets, including TH 97. 7. Security staff shall be present if alcohol is served. 8. Outdoor sound application of ceremonies only is permitted. Outdoor sound amplification may include voices and music that are part of the ceremony. Parties or celebrations preceding or following the ceremony shall not include outdoor amplified sound. Outdoor amplified sound shall be directed toward the applicant's home and interior of the Rural Event Facility site rather than surrounding properties. 9. Sound amplification for events is permitted in the barn. All sound associated with events shall meet State Rules and the City's ordinance requirements (Ordinance 65). 10. 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. 11. The operating hours for the Rural Event Facility shall be 9 AM to 10 PM, seven days per week. All amplified sound shall conclude by 10 PM. All guests shall be off the site by 10:30 PM. 12. The signs for the Rural Event Facility shall meet the current requirements of the Sign Ordinance. 13. The applicants shall obtain a watershed district permit if required for the new parking area or other facilities. 14. The lUP shall terminate with a change in ownership of the site or if the use is discontinued for one year. 15. The City may inspect the site if needed and with appropriate notice to the applicants. 16. The applicants shall pay all fees and escrows associated with this application and future AOP applications. Annual Operating Permit (AOP� 1. The applicants shall revise the survey and layout and submit a final Site Layout that includes accurate, scaled locations and dimensions of all proposed facilities. All elements of the facility shall be setback a minimum of 100 feet from the parcel boundaries. The applicants shall complete a lot line adjustment of the eastern boundary so that the barn meets the setback requirement and submit the information required by the ordinance for the Landscape/Screening plan. Gacek IUP and AOP for Rural Event Facility Page 15 October 18, 2016 Scandia Planning Commission 2. The final plan shall address the Engineer's comments included in his memo dated July 13, 2016. 3. The final driveway location shall be reviewed by the City Engineer. The Engineer shall determine whether a culvert shall be required. 4. The parking lot entry shall be a minimum of 32 feet wide to accommodate 2 -way traffic, and the driving lanes in the parking area shall be a minimum 24 feet wide. 5. The applicants shall secure and record right-of-way along the entire southern boundary of the property consistent with the parcel to the south of Highway 97, and reviewed and approved by MnDOT. 6. The applicants shall secure and record right-of-way along the entire western boundary of the property 33' east of the section line along Meadowbrook Avenue North. 7. The proposed emergency vehicle access from Meadowbrook Avenue shall be constructed to support emergency medical vehicles and include a turnaround at the east end of the access route. The City's Fire Chief shall review and approve the proposed emergency vehicle access. The emergency vehicle access shall be improved to meet City requirements. 8. The applicants shall install a stop sign at the emergency vehicle access. 9. The City and MnDOT shall monitor traffic impacts of the event facility at the intersection of TH 97 and Meadowbrook. If the City and MnDOT determine that improvements are needed, the applicants shall work with the City to implement improvements such as temporary signing, avoiding peak traffic periods on TH 97, or providing police for traffic control. The City shall evaluate the monitoring to determine the potential need for a right turn lane and/or left turn lane on TH97 at its intersection with Meadowbrook Avenue. 10. The City shall monitor three events that are expected to have 100 or more guests during the first year of operation of the event facility. The events shall include at least one Friday event, and events scheduled on other dates and times. The owners shall inform the City of when 3 events that are expecting 100 or more attendees are scheduled, so that the City can complete the required monitoring. 11. The first 75 feet of the driveway shall be paved or constructed with an alternative surface such as trap rock that has been approved by the City Engineer. The applicant shall submit the final plan for the driveway to the City for Engineer approval identifying the area of impervious surface. The total impervious area on the parcel may not exceed 25% of the parcel area. 12. The number of events shall be limited to a maximum 75 events per year. Gacek IUP and AOP for Rural Event Facility Page 16 October 18, 2016 Scandia Planning Commission 13. The applicant shall submit a final landscaping and screening plan for the site that shows the number, species, size at planting, and spacing of all proposed plantings. All landscaping shall be located outside the MnDOT right-of-way and highway easement on TH 97. 14. The AOP shall terminate one year from the date of approval of the 2016-2017 AOP. The applicant shall submit an application for a new AOP a minimum of 60 days prior to the expiration of the current AOP.