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7.b 2 Redeemed Farm Rural Event Center IUP Amendment444 Cedar Street, Suite 1500 Saint Paul, MN 55101 (651) 292-4400 (651) 292-0083 Fax www.tkda.com MEMORANDUM To: Scandia City Council Reference: Gacek IUP Amendment Neil Soltis, Administrator Copies To: Brenda Eklund, Clerk Jeff and Julie Gacek, Applicants From: Sherri Buss, RLA AICP, Planner Proj. No.: 16322.018 Date: October 9, 2017 Routing: SUBJECT: Gacek Interim Use Permit (IUP) Amendment for a Rural Event Facility called Redeemed Farm MEETING DATE: October 17, 2017 LOCATION: 12680 Scandia Trail North Scandia, Minnesota APPLICANTS: Jeff and Julie Gacek ZONING: Agriculture Core (AG C) District 120-DAY PERIOD: October 22, 2017 ITEMS REVIEWED: Application and materials received August 18, 2017 BRIEF DESCRIPTION OF THE REQUEST: The applicants are requesting an amendment to the approved Interim Use Permit (IUP) to increase the maximum number of guests that are permitted at each event from 150 to 200. BACKGROUND: The applicants are seeking an amendment to the IUP that the City approved in October, 2016 to increase the number of guests permitted at events. They cited the following information in making the request:  The revised Traffic Management Study identifies no negative impacts if the maximum number of guests at each event is increased to 200.  They have adequate parking for 125+ cars within the existing parking area. Gacek IUP Amendment for Rural Event Facility Page 2 October 17, 2017 Scandia City Council  Scandia’s Fire Chief submitted a letter stating that the existing buildings can accommodate 200 guests.  Scandia’s Building Inspector stated that the existing buildings can accommodate 200 guests.  The City recently reviewed the Gacek’s application for a 2017-18 Annual Operating Permit. The City received no complaints about the operation of the facility during 2016- 17. The procedures for amending an Interim Use Permit are the same as those required for a new IUP or CUP. The proposed amendment must comply with the Development Code criteria for CUP’s and for the specific use at the site. The sections that follow analyze the applicants’ request for the IUP Amendment. 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 IUP’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: Gacek IUP Amendment for Rural Event Facility Page 3 October 17, 2017 Scandia City Council 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 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: I. RURAL EVENT FACILITY PERFORMANCE 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 prior to City consideration of the current IUP. 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’ current IUP permits a maximum event size of 150 persons, and they are requesting to increase the number permitted to 200 persons. The proposed maximum event size meets the ordinance requirement. The Planner included a proposed condition that events may not exceed 200 attendees, C) Utilities, including Wastewater Treatment and Septic System The ordinance requires that adequate utilities must be available on-site. The site includes a septic system that is permitted by Washington County. If the increase in number of attendees per event requires an upgrade in septic system facilities, the applicants will need to make any improvements to the septic system that are required be the County. The Planner included a Gacek IUP Amendment for Rural Event Facility Page 4 October 17, 2017 Scandia City Council condition that the applicants provide adequate on-site septic facilities for events. Any upgraded subsurface septic system facilities shall obtain a Washington County permit. D) Access from a Public Roadway The ordinance requires that Rural Event Facilities have direct access from a public roadway. The site has direct access from Meadowbrook Avenue to the parking area. The City Engineer reviewed the proposed increase in event attendees, and stated that “I have no additional comments. However, if complaints or issues arise, the applicant shall work with the City to make corrections to address the complaints or issues. I recommend that the applicant review their traffic control to make it even more efficient if they expand the guest size to ensure the issues don’t arise on Meadowbrook or Highway 97.” The City requested that MnDOT review the proposed rural event facility and access for the original IUP. MnDOT reviewed the site plan and traffic study, and provided the following comments:  All access to the event center including parking will need to come from Meadowbrook. MnDOT did not require a turn lane or additional traffic management improvements for the site. The Planner included the Engineer’s recommended condition for approval that if complaints or issues with access and traffic arise, the applicants shall work with the City to make corrections to address the complaints or issues. The applicants shall review their traffic control and make changes if needed as the number of guests is expanded to ensure that traffic issues do not arise on Meadowbrook or Highway 97 as a result of the increase in event attendees. 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 existing parking lots at the site provide approximately 125 parking spaces. The applicant’s Transportation Study assumed a maximum attendance at events of 200 persons, and 2 persons per vehicle (100 spaces needed). The City’s Development Code requires one parking space per 3 persons attending events (66 spaces needed). Adequate parking is available to meet the Development Code requirement. The Planner has included a condition that no parking for the event facility shall occur on public streets. F) 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 facility limits outdoor sound amplification to ceremonial events. Amplified events such as parties and celebrations are held within the barn. The location of amplification meets the ordinance requirement. The amended IUP includes the conditions of the current IUP 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 Gacek IUP Amendment for Rural Event Facility Page 5 October 17, 2017 Scandia City Council 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 sound associated with events shall meet State Regulations and the city’s noise ordinance requirements (Ordinance 65): 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. The current site shows that the use meets the setback requirements. 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 applicant has not proposed a change in the hours of operation. The Planner included the IUP condition that 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. I) Number of events The ordinance includes a requirement that no more than one event shall be scheduled on any calendar date. The Planner included the condition from the current IUP that limits 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 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. Gacek IUP Amendment for Rural Event Facility Page 6 October 17, 2017 Scandia City Council Stormwater. The Comfort Lake Forest Lake Watershed District reviewed the proposed use and the applicants have obtained the required District permit for the use and provided a copy of the permit to the City. The Planner provided a copy of the IUP amendment request to the District, and the District Administrator responded that the District has no comments on the request. Fire Inspection. The City’s Fire Chief reviewed the site plan and proposed increase in attendees at events. His comments state that “I find that the building is of adequate size and offers enough exists to allow for the increase from 150 to 200 occupant load.” Building Regulations. The City’s Building Inspector reviewed the request to increase the number of event attendees to 200, and he stated that “The facility is an A3 Occupancy meeting the common path of egress travel with compliant exit access and discharge. The facility meets the requirements of the 2015 Minnesota Building Code Section 903.2.1.3 Group A3 allowing for a maximum occupant load not to exceed 299 occupants and a fire area not exceeding 12,000 square feet.” 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 landscaping and screening meets the ordinance requirement, and no change is needed to address the proposed increase in event attendees. 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 change 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 AN IUP OR CUP The criteria for granting an IUP include the criteria for a CUP, and are identified in bold text: Comprehensive Plan Conformance 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 improvements. The request is consistent with the goals of Gacek IUP Amendment for Rural Event Facility Page 7 October 17, 2017 Scandia City Council 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 increase in attendees 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 use is consistent with the goals and policies in the comprehensive plan. The proposed increase in attendees 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 Rural Event Facility use has the potential to impact health and welfare due to potential noise. The conditions in the IUP to manage the potential noise impacts to neighbors 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 impair property values or scenic views. The IUP conditions include requirements for setbacks, management of noise and screening of the rural event facility so that the proposed increase in event attendees will not diminish property values of surrounding properties or scenic views from public roadways. Gacek IUP Amendment for Rural Event Facility Page 8 October 17, 2017 Scandia City Council The proposed use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. The Rural Event Facility is located on a relatively large parcel and is 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 and the increase in event attendees 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 to accommodate the proposed increase in attendees. The use conforms to the applicable regulations of the district in which it is located and applicable standards of the Development Code. The use is permitted in the AG C District with an IUP and AOP. The Code includes requirements and performance standards for Rural Event Facilities. The analysis in this staff report indicates that the proposed increase in attendees complies with the regulations. The use conforms to the general and specific performance standards for the use. The recent AOP review found that this use conforms to the performance standards for Rural Event Facilities. Summary of the Evaluation of the IUP Request The evaluation of the proposed increase in attendees based on the requirements and standards for the Rural Event Facility Use and Interim Use Permit finds that the Rural Event Facility use would continue to be consistent with the Development Code requirements and would meet the performance standards for the use and for an IUP in the Development Code. COMPLAINTS The City received 2 complaints about the noise levels at events that occurred at Redeemed Farm on September 23 and 30. In each case, the officer who investigated the complaint found that the facility was in compliance with the noise ordinance. PLANNING COMMISSION PUBLIC HEARING AND RECOMMENDATIONS The Planning Commission held a public hearing and reviewed the application to amend the IUP at their meeting on October 3. The Commission received a large number of comments from residents and the applicant at the hearing. The comments included the following: Gacek IUP Amendment for Rural Event Facility Page 9 October 17, 2017 Scandia City Council  Noise from events can be heard on other properties in the neighborhood, and the baseline seems to travel farther than general noise. Some neighbors noted that they did not hear the noise from early events, but have heard noise from the events since July, and particularly on September 23 and 30.  Meadowbrook Avenue is not wide enough to handle the additional traffic generated by the facility.  Residents have not called the Sheriff’s office or the City because they did not want to bother the Sheriff’s office.  Residents are concerned about guest u-turns and backing out onto Highway 97 when they take the wrong entrance to the event facility.  A party bus pulled into a nearby property and disturbed the residents.  A resident requested additional screening from noise and lights.  The facility is not a good fit in the community. The applicants responded that they have monitored decibel levels at all events, and that they have been within the ordinance requirement. The Sheriff has monitored 3 of the events that included more than 100 guests as required by the IUP, and he found that the facility complied with the conditions of the IUP and that the sound met the ordinance requirement. He noted that MnDOT will place larger signs at Meadowbrook to help guests locate the turn to the facility and reduce illegal movements on Highway 97. He is also working with Google to correct the location of the facility and working on improved signage. The Sheriff will provide further assistance with this based on similar issues for other sites in the past. The applicant stated that he is requesting an increase in the number of attendees per event only, and is within the maximum number permitted by the ordinance. The City Administrator stated that the City has a contract with the Sheriff’s Department for zoning enforcement, and that residents should call the department when they have complaints when City offices are closed. The Planning Commission discussed the complaints at length and noted the following:  The major concerns expressed at the hearing were related to noise and traffic.  Increasing the number of attendees permitted at events from 150 to 200 is unlikely to make any difference in the noise levels, and the roadways used to access the center can handle the proposed increase in traffic.  Additional screening will only reduce noise levels if it is a very wide conifer screen. Some noise appears to be affected by atmospheric conditions. The applicant complied with the required screening for the event facility.  The Commission asked if the city could apply a lower noise level standard to this facility than other uses. The Administrator consulted the City Attorney on that question, and he advised that a different standard should not be used for this facility than other uses.  The Commission asked if there could be a standard for regulating the vibration and sound from the baseline of the music. The Planner will ask the noise consultant that the city has used in the past about this issue and any options.  The Commission discussed options to block the driveway on Highway 97, but it is not legal for the applicant to block the portion of the driveway within the public right-of-way. The Commission concluded that the requested increase in the number of guests permitted at events at the Redeemed Farm Rural Event Facility meets the criteria for granting the IUP Gacek IUP Amendment for Rural Event Facility Page 10 October 17, 2017 Scandia City Council amendment. Denying the request will not address the issues that were identified at the public hearing, and a denial is not supported by the findings. The Commission stated that the applicant has heard about the concerns, and may take steps, including those he identified during the hearing, to address the noise and traffic concerns before the annual AOP review in 2018. ACTION REQUESTED: The City Council can take one of the following actions for the request: 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 amendment to the Interim Use for a Rural Event Facility called Redeemed Farm, located at 12680 Scandia Trail North to increase the number of permitted attendees at each event from 150 to 200. The Commission recommends the following conditions: 1. The Rural Event Facility 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 200 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. 5. The parking lot entry and drive lanes shall accommodate 2-way traffic. 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). Gacek IUP Amendment for Rural Event Facility Page 11 October 17, 2017 Scandia City Council 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 IUP 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.