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8.a Ag Preserve status of Rustic Roots - CC staff report 06.16.20Memorandum To: Scandia City Council Reference: Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Project No.: Administrator Andrea and Greg Sandager, applicants From: Merritt Clapp -Smith, Routing: Planner Date: June 9, 2020 DESCRIPTION OF REQUEST Decertify Rustic Roots property from Agricultural Preserve Status 17722.000 The applicants are requesting to withdraw the 57 -acre property at 20168 St. Croix Trail North [PID 24.032.20.41.0001] from the State of Minnesota Metropolitan Agricultural Preserves Program, to enable the establishment of a winery on the property. The MINNESOTA METROPOLITAN AGRICULTURAL PRESERVES PROGRAM [herein referred to as MMAPP] encourages the retention of high-quality agricultural land within the 7 -county metro area, with an official designation that makes the properties eligible for property tax relief. The property remains in the program until expiration is initiated by the land owner or a government authority. Withdrawal initiated by the land owner requires approval by the governing body of the local municipality. MN Statute 473H.09 "Subd. 3.Approval of authority. Termination of an agricultural preserve earlier than the date derived through the application in section 473H.08 may be requested by the owner eight years after commencement of the preserve. An owner seeking termination under this subdivision must provide notice to the authority exercising planning and zoning authority for the land on a form provided by the commissioner of agriculture. The notice must describe the property for which termination is desired and the date of termination. Termination of the agricultural preserve and covenant pursuant to this subdivision shall become effective only upon approval by a majority vote of the authority." An employee owned company promoting affirmative action and equal opportunity 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651.292.4400 tkda.com Mi TKDA Memorandum To: Scandia City Council Reference: Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Project No.: Administrator Andrea and Greg Sandager, applicants From: Merritt Clapp -Smith, Routing: Planner Date: June 9, 2020 DESCRIPTION OF REQUEST Decertify Rustic Roots property from Agricultural Preserve Status 17722.000 The applicants are requesting to withdraw the 57 -acre property at 20168 St. Croix Trail North [PID 24.032.20.41.0001] from the State of Minnesota Metropolitan Agricultural Preserves Program, to enable the establishment of a winery on the property. The MINNESOTA METROPOLITAN AGRICULTURAL PRESERVES PROGRAM [herein referred to as MMAPP] encourages the retention of high-quality agricultural land within the 7 -county metro area, with an official designation that makes the properties eligible for property tax relief. The property remains in the program until expiration is initiated by the land owner or a government authority. Withdrawal initiated by the land owner requires approval by the governing body of the local municipality. MN Statute 473H.09 "Subd. 3.Approval of authority. Termination of an agricultural preserve earlier than the date derived through the application in section 473H.08 may be requested by the owner eight years after commencement of the preserve. An owner seeking termination under this subdivision must provide notice to the authority exercising planning and zoning authority for the land on a form provided by the commissioner of agriculture. The notice must describe the property for which termination is desired and the date of termination. Termination of the agricultural preserve and covenant pursuant to this subdivision shall become effective only upon approval by a majority vote of the authority." An employee owned company promoting affirmative action and equal opportunity Decertify Sandager Ag Preserve property Staff Report submitted June 10, 2020 Scandia City Council Page 2 Public Hearing June 16, 2020 RATIONALE FOR WITHDRAWL The applicant proposes to establish a small craft winery on the property with a tasting room and the Agricultural Preservation status and zoning is inconsistent with that for two reasons: 1. The MMAPP does not permit any commercial activities on its properties. 2. The Agricultural Preserve District in Scandia does not permit wineries. ZONING DISTRICT CHANGE Under the Scandia Code Chapter 2, Agricultural Preserves Program, properties zoned as Agricultural Preserve must be certified under the MMAPP and are limited to a density of one dwelling unit per 40 acres. When properties are removed from the MMAPP, the property automatically converts from an Agricultural Preserve district to an Agricultural Core district. No City Council action is required for the zoning district change. PLANNING STAFF RECOMMENDATION Approve withdrawal of 20168 St. Croix Trail North [PID 24.032.20.41.0001] from the State of Minnesota Metropolitan Agricultural Preserves Program, to allow the establishment of a winery on the property. 0 r i "'.Owl t• �. KHILL.R❑ PJ 7