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6. PC Staff Report Potential Ordinance Amendment MEMORANDUM To: Scandia Plan Commission Reference: Ordinance Amendment for Rural Event Facility land use Ken Cammilleri, Administrator Copies To: Brenda Eklund, Clerk From: Evan Monson, City Planner Proj. No.: 17723.000 Date: July 30, 2020 Routing: SUBJECT: Amending the Development Code to allow the ‘Rural Event Facility’ land use as a Conditional Use. MEETING DATE: August 4, 2020 BACKGROUND: The Development Code for the city permits Rural Event Facilities within the Agricultural Core (AG C) and General Rural (GR) zoning districts. This land use permits events and gatherings that are supportive of the rural and historic character of Scandia. This land use currently is only permitted through an Interim Use Permit (IUP) and an Annual Operating Permit (AOP). After reviewing a new IUP for a Rural Event Facility recently, the Plan Commission and City Council showed interest in changing the use from being permitted on an interim basis to something more long lasting, such as a conditional use. Given the nature of Rural Event Facilities booking their schedules out months in advance, permitting this land use through a CUP can provide more certainty for the operator and customer, while still allowing the city to review and regulate them. This staff report will go over a bit of the current Development Code regulations for CUPs, IUPs, and AOPs, and will discuss possible changes that can be made. While there is a broad consensus to permit this use as a CUP, there may be other changes to consider as well. These include, but do not have to be limited to: - removing the requirement of acquiring an AOP - replacing the AOP with a business license - ‘grandfathering in’ existing Rural Event Facilities - Revising other existing regulations for this land use found in Chapter 2, Section 4.33. Ordinance Amendment for Rural Event Facilities Scandia Plan Commission Page 2 August 4, 2020 ANALYSIS: Conditional Use Permit (CUP) vs Interim Use Permit (IUP) & Annual Operating Permit (AOP) According to the Development Code, a Conditional Use Permit (CUP) permits conditional uses within the city. A CUP is intended to “authorize and regulate uses which may be beneficial in a specific instance to the general welfare of the community, yet ensure that such uses are not detrimental to surrounding property, and are consistent with the stated purpose of the zoning district in which such uses are located regarding conditions of operation, location, arrangement, and construction.” A CUP is reviewed by the Plan Commission and City Council. Conditions can be added by the Plan Commission or City Council during this process. Once approved, a CUP cannot be changed unless it is amended, which starts the process all over again. An Annual Operating Permit (AOP) is used to review operations on a regular basis to guarantee compliance. For Rural Event Facilities, this requires operators to turn in an application each year, outlining operations over the past year, as well as plans and any site changes coming in the next year. If, upon inspection or review of the permit application the facility is not in compliance, the AOP is to be reviewed by the City Council. If the facility is in compliance, the AOP is reviewed by city staff under the Administrative Permit process. An Interim Use Permit (IUP) is similar to a CUP, but has an end date or “sunset” of when it expires. Like a CUP, these are also reviewed by the Plan Commission and City Council. Each body can add conditions as well. An IUP has the following intent, according to the Development Code: (1) To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction. (2) To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. (3) To allow a use which is reflective of anticipated long range change to an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development. Current Requirements for Rural Event Facility land uses A Rural Event Facility has a number of land use specific requirements that require review (such as parking, traffic, operating hours, etc.), in order to make sure the proposed use is compatible with the surrounding area and the community as a whole. These requirements are currently reviewed during the IUP and AOP review processes, but could also be reviewed during the CUP review process. In instances where a facility is found to be not complying with the Development Code, or the conditions of a CUP, the City could require the CUP to be reviewed again, similar to the current requirement where the City Council reviews the AOP if the use is found to be not in compliance. Likewise, a Business Licensing scheme could be created in the place of an AOP. While such a licensing program would not be within the Development Code, it could function in a similar manner to the AOP in that the owner would need to reapply with the City and maintain compliance with City ordinances. When reviewing the recent variance and amendment to Mr. Gacek’s IUP for a Rural Event Facility, there was much discussion on centered on the permitting of multiple events within a day. If desired, this requirement Ordinance Amendment for Rural Event Facilities Scandia Plan Commission Page 3 August 4, 2020 could be revised as well to focus more on the ‘intensity’ of the use (think of the number of attendants at a time or per day) instead of the number of events. The code could permit the Plan Commission or Council to determine, for example, set a maximum number of attendants per week during the review of each request. Other land use specific requirements could be revised as well. Based off of discussions at Plan Commission and City Council meetings, there was a desire to grandfather Rural Event Facilities already permitted through an IUP. If this is done, they would still be held to the conditions approved with their latest IUP, meaning a CUP may still be needed if any future changes to the facility, or to the Development Code regulations, are made. Compatibility with the Comprehensive Plan The Comprehensive Plan outlines land use planning, development, and planning policy for the City. The latest plan, completed in 2019, identifies a goal of maintaining and promoting the City’s cultural character and history. The Comprehensive Plan also identifies a goal of providing economic opportunities for residents and businesses by promoting home-based entrepreneurs and businesses. Reviewing and permitting this land use through a CUP instead of an IUP will not be in conflict with the Comprehensive Plan, and would help the City meet the goals outlined in the plan. ACTION REQUESTED BY THE PLAN COMMISSION: This is just a discussion/informational item tonight; no action of approval or denial is requested at this time. Attached to this report is what changes would look like to the Development Code, if amended. Feedback received tonight will dictate the proposed ordinance amendment, which would be reviewed by both the Plan Commission and City Council. The proposed changes right now show the Rural Event Facility land use as permitted by a CUP in the AG C and GR zoning districts. The changes also show revisions to the land use’s specific regulations. These include noting it as being approved through a CUP, removing the requirement for an AOP, showing how more guests could be permitted, as well as showing how existing uses permitted through an IUP and AOP could be ‘grandfathered’ in. Ordinance Amendment for Rural Event Facilities Scandia Plan Commission Page 4 August 4, 2020 Development Code Chapter 2, Section 2.0 - Districts 2.4 Agricultural District – Core (AG C) (4) Uses with a Conditional Use Permit. The following uses are permitted in the AG C District after the issuance of a Conditional Use Permit: (A) Agritourism Enterprise (B) Bed and Breakfast Inns (C) Campgrounds, Accessory to a Public Recreation Facility (D) Cemeteries (E) Conference Facility (F) Essential Services - Transmission Facilities (G) Essential Services - Utility Substation (H) Feedlots, 10 or more Animal Units (I) Golf Courses (J) Golf Driving Range (K) Government Uses, Buildings and Storage (L) Horse Training Facility, Commercial – Accessory to a Residential Use (over 10 horses) (M) Museums (N) Open Space Conservation Subdivision (O) Place of Worship (P) Plant Nursery (Q) Resorts (R) Rural Event Facility (R)(S) Schools (S)(T) Wind Energy Conversion System (WECS) (T)(U) Wireless Communication Antennas and Towers (U)(V) Yard Waste Facilities 2.6 General Rural (GR) (4) Uses with a Conditional Use Permit. The following uses are permitted in the GR District after the issuance of a Conditional Use Permit. (A) Agritourism Enterprise (B) Bed and Breakfast Inns Ordinance Amendment for Rural Event Facilities Scandia Plan Commission Page 5 August 4, 2020 (C) Campgrounds – Accessory to a Public Recreation Facility (D) Cemeteries (E) Conference Facility (F) Essential Services - Transmission Facilities (G) Essential Services - Utility Substation (H) Feedlots, 10 or more Animal Units (I) Golf Courses (J) Golf Driving Range (K) Government Uses, Buildings and Storage (L) Horse Training Facility, Commercial – Accessory to a Residential Use (over 10 horses) (M) Museums (N) Open Space Conservation Subdivision (O) Place of Worship (P) Plant Nursery (Q) Recreation, Outdoor Commercial (R) Resorts (S) Rural Event Facility (S)(T) Schools (T)(U) Wind Energy Conversion System (WECS) (U)(V) Wireless Communication Antennas and Towers (V)(W) Yard Waste Facilities Development Code Chapter 2, Section 4.0 – Standards for Uses 4.33 Rural Event Facility. Rural event facilities shall comply with all of the following requirements: (1) Rural event facilities shall support the rural and historic character of the City, shall be designed and operated in a manner that is compatible with Scandia’s rural and small-town character, and shall not negatively impact the community or neighboring properties. (2) Permitted Districts and Uses. (A) Rural event facilities are permitted through a Conditional Use Permit (CUP) in the Agricultural Core (AG C) and General Rural (GR) Districts, and shall be accessory uses to the primary use of the property for Agriculture or a Single-Family Residence. (3) Permit requirements. A rural event facility may be allowed by issuance of an Interim Use Permit (IUP) and an Annual Operating Permit (AOP) in the following Districts: Ordinance Amendment for Rural Event Facilities Scandia Plan Commission Page 6 August 4, 2020 (A) Agricultural Core (AG C) (B) General Rural (GR) (4)(3) Application requirements--IUP. An application for an IUP CUP for a rural event facility shall be accompanied by the following information: (A) A master plan of the entire property where the rural event facility is proposed, drawn to scale (minimum 1:200) and including the parcel boundaries, address and legal description, owner’s name and signature, topography, location of existing structures on the site, setbacks, existing screening from adjacent properties, existing driveway locations and roadway access, existing parking, individual sewage treatment systems and well locations. (B) A detailed plan drawn to scale (minimum 1:100) for the entire property where the Rural Event Facility is planned, and that identifies the Rural Event Activity Area within the Facility and shows the buildings and structures (existing and proposed), identifies the locations where indoor and outdoor event activities will occur, and the setbacks, driveways and access, parking areas, sewage treatment systems and well locations, and all other proposed facilities. (C) Rural Events Plan—the application shall include complete information about events that may be held at the Facility. Information identifying the types of events, estimating the number of attendees per event, number of events per year, onsite vendors, number of employees, proposed hours of operation, parking facilities, sanitary facilities, lighting, sound amplification, temporary structures/tents, signage, screening, solid waste management, security, and landscaping. The Rural Events Plan shall also identify emergency vehicle access routes and proposed locations(s) for first aid facilities. As deemed necessary, the City may restrict the operation of the facility. (D) A Transportation Management Plan--this plan shall identify the estimated total average daily traffic (number of vehicles entering and leaving the site) generated by the rural event facility on days when events are scheduled (including visitors, deliveries, employees, etc.); estimated maximum peak hour traffic generated and estimated times of occurrence; and describe the impacts on area roadways. The Transportation Management Plan shall describe any proposed traffic controls. The Transportation Management Plan shall estimate the parking needed to accommodate the rural event facility, and indicate the size, location and layout of parking facilities and their relationship to the entrances and exits. (E) Grading Plan—if the rural event facility includes construction of a new Activity Area, buildings, parking lots or other structures, the applicant shall submit a grading, drainage and erosion control plan. The plan must meet the requirements of the Watershed District and the City’s Development Code. (F) Landscape Plan—the application shall include an existing and proposed landscape plan. The City may require landscape elements to buffer the Activity Area or facility from neighboring uses and to provide screening. (5) Application requirements--AOP. An application for an AOP for a rural event facility requires the following: Ordinance Amendment for Rural Event Facilities Scandia Plan Commission Page 7 August 4, 2020 (A) The application for an Annual Operators Permit (AOP) for a rural event facility must be filed with the City. The application must be made in the name(s) of the operator of the facility and must be at least 60 days prior to the expiration of the current AOP. (B) The application shall contain the following: • The operator shall submit an Annual Report with the AOP application that summarizes the operations during the past year and the proposed operations for the coming year, based on the Rural Events Plan, other facility plans approved by the City under Item (4), and the conditions approved for the IUP. The annual report shall summarize how the proposed operations are expected to be similar to or vary from the operations of the previous year. The Annual Report shall include the number of events held at the facility, types of events, numbers of attendees, hours of operation, shall describe conformance with the conditions included in the Interim Use Permit that was approved for the facility. The Report shall include the site plan and shall identify any proposed changes in site use, facility changes, or changes in number and types of events expected in the coming year. •1. The City may inspect the rural event facility at any time in response to complaints. 1. If the operator’s application conforms to the requirements of this Chapter, and the City’s annual facility inspection indicates compliance with the terms of the IUP and AOP, the Annual Operators Permit may be issued through the Administrative permit process. If the annual facility inspection indicates non-compliance with the conditions of the AOP or IUP, the AOP application shall be reviewed by the City Council. The City may include conditions for operating the rural event facility during the coming year in the AOP. (6)(4) Rural event facilities shall comply with all of the following standards: (A) Rural event facilities shall be located on a site of at least 20 acres in size in the Agricultural Core (AG C) and General Rural (GR) Districts. (B) Events shall be limited to a maximum 300 persons. The City may impose conditions allowing more persons per event, provided sufficient on-site parking, water, and sewage facilities will be provided on the site. (C) Adequate utilities, including sewage disposal, must be available on the site. The facility may utilize permanent or portable facilities, or a combination of permanent and portable facilities. Any on-site sewage treatment facilities needed shall be installed under a permit issued by Washington County. The facility shall also provide supplemental portable septic and water facilities for events as required by the City. (D) The rural event facility shall have direct access from a public roadway. (E) The rural event facility shall provide on-site parking, sufficient to handle all guest, staff, vendor, and owner vehicles. No parking for the rural event facility shall be permitted on public streets. (F) Outdoor sound amplification of ceremonies only is permitted. 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 Ordinance Amendment for Rural Event Facilities Scandia Plan Commission Page 8 August 4, 2020 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 Ordinance (Ordinance 65 and its amendments). (G) The rural event activity area shall be located at least 100 feet from the boundaries of adjoining properties. The City may require screening of activity areas. If the facility may hold events where alcoholic beverages are served, that the consumption of alcohol shall be restricted to the Rural Event Activity Area excluding the parking lots, and must meet the 100-foot setback requirement. Security staff shall be provided at events if alcoholic beverages are served. (H) 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) No more than one event shall be scheduled on any calendar date. The IUP or AOPCity may impose conditions regulate regulating the maximum number of events that are permitted on a weekly or annual basis. (J) Permanent signs for the rural event facility shall conform to the Development Code requirements. (K) The rural event facility must comply with all rules and regulations of Federal, State, County and Local agencies. Facility must also pass inspection by the Building Official and Fire Inspector. (L) The City may impose conditions related to landscaping, access, security, sanitary sewer, liability or other insurance requirements, and other conditions as deemed necessary. (M) The Interim Use PermitCUP shall terminate at a date specified in the permit or with a change in ownership of the property where the rural event facility is located. (N) The City may inspect the rural event facility at any time in response to complaints or to verify compliance with these standards. The City may schedule reviews of the Interim Use Permit or Annual Operating PermitCUP for the rural event facility as needed. (5) Previously Permitted Rural Event Facilities (A) Rural Event Facilities permitted through an Interim Use Permit (IUP) and Annual Operating Permit (AOP) prior to (insert date here), shall be permitted to continue beyond the expiration date of the IUP and AOP, provided the conditions of the latest approved IUP are followed. Any changes to the conditions of the latest approved IUP shall require review and approval of the Rural Event Facility through a CUP. (B) Rural Event Facilities permitted through an IUP and AOP that are discontinued for more than a year shall require a CUP prior to resuming operations.