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7.b4 Staff Report REF Ordinance Amendment MEMORANDUM To: Scandia City Council 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: September 10, 2020 Routing: SUBJECT: Amending the Development Code to allow the ‘Rural Event Facility’ land use as a Conditional Use. MEETING DATE: September 15, 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 allows for events and gatherings that are supportive of the rural and historic character of Scandia. This land use currently is permitted through an Interim Use Permit (IUP) and an Annual Operating Permit (AOP). After reviewing an IUP for a Rural Event Facility recently, the Planning 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 users and operators, while still allowing the city to review and regulate them. 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 review process all over again. Ordinance Amendment for Rural Event Facilities Scandia City Council Page 2 September 15, 2020 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. 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. Current Requirements for Rural Event Facility land uses A Rural Event Facility has a number of land use specific requirements that require review, in order to make sure the proposed use is compatible with the surrounding area and the community as a whole. Some of these requirements include submitting a rural events plan and transportation management plan, setbacks for activity areas, and number of events and patrons. These requirements are currently reviewed during the IUP and AOP review processes; if Rural Event Facilities are made a conditional use, these requirements would be reviewed as part of the review for the CUP. In addition to the land use specific requirements, the use also has to follow other general requirements of the Development Code. Lighting, parking, landscaping, and other items that are applicable to a Rural Event Facility land use would have to follow the requirements for such in the Development Code. With this proposed amendment, the scope of changes is centered on permitting this use by a CUP; land use specific requirements have not been revised much as part of this amendment. The only ‘major’ change of note is a new section allowing for previously approved Rural Event Facilities to continue operating per the terms of their approved IUP. Uses that would make changes to their operation, or uses that cease operating for over a year and then startup again would need to acquire a CUP. The Planning Commission recommended a minor change to the number of events, and patrons able to attend in a calendar day. Given that the city is working on rewriting the entire Development Code, further revisions to the land use requirements for Rural Event Facilities should be discussed and reviewed by the Planning Commission and Council during the code rewrite. Ordinance Amendment for Rural Event Facilities Scandia City Council Page 3 September 15, 2020 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 2040 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 it. ACTION REQUESTED: The City Council shall review the proposed ordinance amendment, and can do the following: 1. Approval 2. Approval with changes 3. Denial 4. Table the item PLANNING STAFF RECOMMENDATION: Unless additional changes are desired by the City Council, the Planner recommends approval of the Ordinance amendment included with the meeting materials, permitting the Rural Event Facility land use as a conditional use in the AG C and GR zoning districts.