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8.b3b Staff Report- Rustic Roots TKDA | 444 Cedar Street Suite 1500 | Saint Paul, MN 55101 651.292.4400 • tkda.com An employee -owned company promoting affirmative action and equal opportunity. Memorandum To: Scandia City Council Reference: Rustic Roots Applications Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Andrea and Greg Sandager, Applicants Project No.: 18108.000 Rustic Roots From: Evan Monson, Planner Routing: Date: April 16, 2021 SUBJECT: Conditional Use Permit for a Rural Event Facility, amending the Future Land Use Map of the 2040 Comprehensive Plan, and adding ‘Rural Event Facility’ as a use permitted in the Rural Commercial zoning district MEETING DATE: April 20, 2021 LOCATION: 20168 St Croix Trail North, PIDs 24.032.20.41.0001; 24.032.20.44.0002; & 24.032.20.44.0001 APPLICANT: Greg and Andrea Sandager ZONING: Agriculture Core (AG C) REVIEW PERIOD: May 6, 2021, 120-day July 5, 2021 ITEMS REVIEWED: Application and plans received March 7, 2021 DESCRIPTION OF THE REQUESTS The applicant is looking to operate a Rural Event Facility at the same property as their existing winery location. The winery was approved and opened last year. As part of their review process last year, the parcel was removed from the Agricultural Preserves program, and is now just zoned AG C. A Rural Event Facility requires a Conditional Use Permit be acquired. The land use is currently only permitted in the AG C and General Rural (GR) zoning districts. The applicant would like to eventually rezone the property to match the zoning of their adjacent parcel, which is partly zoned Rural Commercial (R COMM), and for a potential brewery in the future. Since the Rural Event Facility use is not permitted in the R COMM zoning district, the use needs to be added as Rustic Roots Staff Report April 20, 2021 Scandia City Council Page 2 a permitted use (likely through a CUP like the AG C and GR districts), or else it would be nonconforming. The process to rezone a parcel is technically termed a zoning map amendment in the Development Code. Prior to rezoning the parcels, the future land use designation for the property must line up with what the requested rezoning is. The parcel currently is designated as Agricultural Core and Agricultural Preserves in the Future Land Use Map found in the 2040 Comprehensive Plan. The designations in the future land use map help guide rezoning requests. In order to change the future land use designation to Rural Commercial (which would allow for a rezoning to R COMM), the future land use map must be amended. This process starts with the City, but ultimately must also be reviewed by the Metropolitan Council. PROPERTY INFORMATION Parcel description: 20168 St Croix Trail North is located near the intersection of Oakhill Road/County Road 52 and St Croix Trail North/State Highway 95. Despite the address, the lot currently fronts Oakhill Road. The large parcel with the winery on it is approximately 57 acres in size, while two other adjacent parcels (PIDs 24.032.20.44.0002 & 24.032.20.44.0001) total approximately 22 acres. The property in total is approximately 80 acres. The land consists of wooded areas, open fields, and the vineyards for the winery. Zoning: Agriculture Core (AG C) Land use: Winery Figure 1: Zoomed-in shot of Future Land Use Map Rustic Roots Staff Report April 20, 2021 Scandia City Council Page 3 Figure 2: Zoning Map (note subject parcels are currently zoned AG C) EVALUATION OF REQUESTS Applicant’s Explanation of the Requests “We are requesting a Conditional Use Permit to operate a Rural Event venue at Rustic Roots Winery. We are planning to build a wedding venue/event space to the west of the current tasting room on the winery property. The venue will accommodate up to approximately 290 guests, with the average event size expected to be around 150 guests. We plan on hosting between 70 and 100 events per year. Being located on almost 80 acres of rural land, with the closest neighboring home over 1,300 feet away, and no neighboring homes within line of sight of the proposed location, we feel this private location is ideal for such a venue. We also request to rezone the property to the Rural Commercial zoning district as that classification better fits the current and future needs and use of the winery business. We request that the Rural Event Facility and Brewery uses be added to the Development Code for Rural Commercial. The change to Rural Commercial is fitting as the adjoining land at Abrahamson Nurseries and the nearby land at Crabtrees is already Rural Commercial.” Rustic Roots Staff Report April 20, 2021 Scandia City Council Page 4 Staff Comments on the Requests Engineering During review of the winery CUP, there were no issues identified with traffic to and from the winery by the MnDOT. I reached out to the area representative to confirm if that would remain the case; they have not recommended any conditions onto the CUP at this time. Washington County has not made any recommendations at the time of this staff report as well. Watershed The Carnelian Marine St. Croix Watershed provided comments that a permit would be required based off the following rules and requirements:  Rule 2. Stormwater Management – The proposed event center, existing and proposed parking are all within 1,000 of Clapp’s Stream triggering stormwater management requirements per applicability 2.2(c) - Land disturbance of 5,000 square feet or more that includes creating impervious surface within 1,000 feet of and tributary to a groundwater- dependent natural resource or public water.  The road and parking exempted in 2019 are part of common plan of development – to serve the now proposed event center. Therefore stormwater management for both 2019 and currently proposed impervious surfaces should be taken into account for stormwater management requirements. The submitted landscape plan identifies two BMPs – a raingarden and stormwater retention area north of the parking area. Addition stormwater management BMP siting is likely needed to serve the event center in order to manage all impervious surface runoff.  Quantification of existing and proposed impervious surfaces (includes gravel) is required to determine stormwater management requirements. We support demonstration of compliance via the District’s Small Residential Project Stormwater Worksheet, which essentially requires sizing of stormwater BMPs to infiltrate or filtrate the runoff volume equal to 2-inches over impervious surfaces.  Rule 3. Erosion and Sediment Control – Proposed disturbance will trigger this rule per applicability 3.2(c). An erosion control plan will be required per District standards.  Rule 4. Buffer Requirements – Likely not applicable. Development Code Requirements for each request Adding the Rural Event Facility use to the R COMM zoning district Chapter One, Section 5.0 covers the process to amend the Development Code and amend the text or map in the Comprehensive Plan. Text or map amendment requests to the Code require review by the Planning Commission, with final approval needed by the City Council. In Section 5.1(5), the Planning Commission is tasked with considering the possible effects of the proposed amendment. The following factors are to be considered: Rustic Roots Staff Report April 20, 2021 Scandia City Council Page 5 1. The proposed action shall be considered in relation to the specific policies and provisions of and shall be consistent with the City Comprehensive Plan, including public facilities and capital improvement plans. 2. Whether the proposed action meets the purpose and intent of this Chapter or in the case of a map amendment, it meets the purpose and intent of the individual district In the application, the applicants noted adding two land uses, Brewery and Rural Event Facility, to the permitted uses in the Rural Commercial (R COMM) zoning district. There is already a brewery land use permitted in the Rural Commercial zone, so that is a moot point. The Rural Event Facility is currently only permitted in the AG C and GR zones. The use itself would appear to be appropriate in R COMM district, as it is a commercial use that is intended to “support the rural and historic character of the City” and “shall be designed and operated in a manner that is compatible with Scandia’s rural and small-town character”. The R COMM zoning district is meant to support commercial development in places of historic commercial activity. The 2040 Comprehensive Plan supports expansion and retention of local businesses in existing Rural Commercial districts, as well as supporting community scale agricultural operations. Adding the Rural Event Facility use to the R COMM district would not appear to prevent the City from meeting those goals of the Comprehensive Plan. There is a limited amount of land zoned R COMM, so adding this use to it would not open up much more of the city to be used for Rural Event Facilities. The Planning Commission reviewed the request, and thought it an appropriate use for this zoning district. To be consistent with the other districts it is permitted in, the Planning Commission recommended the use be a Conditional Use (permitted through a CUP) in the R COMM district. Amending the Future Land Use Map of the 2040 Comprehensive Plan An amendment to the Comprehensive Plan follows a similar process as amending the Development Code. For this request, the proposed change would be to have the Future Land Use Map designate the winery parcels as ‘Rural Commercial’, so that a rezoning of the parcels would be in line with the future land use designation in the Comprehensive Plan. The Comprehensive Plan describes the Rural Commercial future land use designation as: “The Rural Commercial future land use area is intended to support commercial development in places of historic commercial activity. These areas are the only commercial areas anticipated outside of the Village Center and are intended to complement Village Center commercial uses. Rural Commercial areas are designated at the historic commercial nodes of the Big Marine Store, Copas/Abrahamson Nurseries, and the intersection of Highways 95 and 97. Commercial uses reflecting the historic nature of the community and compatible with the surrounding rural character will be allowed on lot sizes of at least 2 acres. Because this future land use area builds upon historic character, commercial building design standards shall reflect the historic nature of the community.” Rustic Roots Staff Report April 20, 2021 Scandia City Council Page 6 This property is next to the intersection of Oakhill Road and St Croix Trail North. The Abrahamson Nurseries area is on the east end of the intersection, which is called out in the description of the Rural Commercial future land use designation. That parcel is designated as both Rural Commercial and Agricultural Core on the future land use map. The Rustic Roots property is currently designated Agricultural Preserves and Agricultural Core in the future land use map. The Rustic Roots property was withdrawn from the Ag Preserves program during the review process for the winery, and is currently zoned AG C, which matches with the future land use designation of Agricultural Core. When reviewing the request, the Planning Commission thought that the change in future land use designation could result in a negative impact to the rural character of the area. If the future land use designation were changed, and the parcels rezoned, the property would then be permitted in the future to have a number of commercial uses the Planning Commission felt were not appropriate in this area. The Commission also thought the parcels in question did not fully meet the definition of the Rural Commercial future land use designation, which is currently limited to a limited number of specific areas. Without changes to the R COMM zoning district or the Rural Commercial future land use designation, the Commission felt the change was not able to be supported at this time, and recommended the future land use designation remain Agricultural Core. CUP for a Rural Event Facility Chapter Two, Section 4.33 outlines the requirements for a Rural Event Facility. The following standards, in italics, are to be complied with. 1. 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. The site exceeds 20 acres in size, and is zoned AG C. 2. Events shall be limited to a maximum of 300 Rural Event Center guests per day, provided maximum building capacities are not exceeded. No more than four events shall be scheduled per calendar day. The applicant has indicated having a maximum of 290 guests, with the average expected to be closer to 150. Depending on the attendance at each event, the applicant could have up to four events per day, provided the 300 guests per day threshold is not exceeded. 3. 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. New or upgraded septic systems would be reviewed and approved by the County. 4. The Rural Event Facility shall have direct access from a public roadway. Rustic Roots Staff Report April 20, 2021 Scandia City Council Page 7 The facility would utilize the existing accesses used for the winery. 5. 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. The site currently has parking on-site as part of the winery. With the addition of the Rural Event Center, the parking on-site would be modified to have 140 gravel parking spots, and 50 hard-surfaced spots located near the winery. The total number of spots would be 190. 6. 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 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). 7. 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. The activity area would be over 100 feet from nearby property lines. The closest property line would be to the parcel to the south, PID 24.032.20.44.0002, which is used as vineyards for the winery. There would be screening placed along the west end of the event center building, to help reduce any views of the facility from the west. Existing wooded areas and the vineyards would screen views from other directions. 8. 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. 9. No more than four events shall be scheduled on any calendar date. 10. Permanent signs for the Rural Event Facility shall conform to the Development Code requirements. 11. 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. Rustic Roots Staff Report April 20, 2021 Scandia City Council Page 8 12. The City may impose conditions related to landscaping, access, security, sanitary sewer, liability or other insurance requirements, and other conditions as deemed necessary. If the Planning Commission identifies any potential issues with the request, conditions mitigating those issues can be added. 13. The CUP shall terminate with a change in ownership of the property where the Rural Event Facility is located. 14. The City may inspect the Rural Event Facility at any time in response to complaints or to verify compliance with these standards. Chapter One, Section 8.4 lists the criteria to meet to grant a CUP. They are listed below in italics. 1. The conditional use will be in compliance with and shall not have a negative effect upon the Comprehensive Plan, including public facilities and capital improvement plans. Rural Event Facilities are meant to help preserve and showcase the rural character of Scandia, and through the requirements of the Development Code and the design standards would reflect the rural character of the city. By meeting the specific requirements of the Rural Event Facility land use as outlined in the Development Code, the Commissioners feel this conditional use would be in compliance with and not having a negative effect on the Comprehensive Plan. 2. The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. The CUP would be to add an additional use to onto a site used for an existing winery facility. The proposed use would complement, and not be in conflict, with the current use of the property. The proposed use of a Rural Event Facility would be contained within the property away from neighboring properties and uses, and should not be detrimental to the public welfare. 3. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values or scenic views. Utilizing the same site as the winery will help prevent any potential negative impact to the use or enjoyment of property in the immediate vicinity. Screening and setbacks from property lines will prevent potential conflict or issues to other properties in the area. 4. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. The addition of a Rural Event Facility on this site should not impeded development of adjacent property for uses permitted in zoning districts around this property. Rustic Roots Staff Report April 20, 2021 Scandia City Council Page 9 5. Adequate public facilities and services are available or can be reasonably provided to accommodate the use which is proposed. The site already has access to required facilities and services. 6. The conditional use shall conform to the applicable regulations of the district in which it is located and all other applicable standards of this Chapter. By meeting the specific requirements of the Rural Event Facility land use as outlined in the Development Code, this conditional use would conform to the applicable regulations of the AG C zoning district and the other applicable requirements of the Development Code. 7. The conditional use complies with the general and specific performance standards as specified by this Section and this Chapter. By meeting the specific requirements of the Rural Event Facility land use as outlined in the Development Code, this conditional use would comply with the standards of conditional uses. ACTIONS REQUESTED There are multiple items as part of this request: 1. Amending the Development Code to allow for the ‘Rural Event Facility’ land use in R COMM 2. Amending the Future Land Use Map of the 2040 Comprehensive Plan to designate the future land use of this property as ‘Rural Commercial’ 3. A CUP for a Rural Event Facility For each request, the City Council can do one of the following: 1. Approve with findings 2. Deny with findings 3. Table the request Rustic Roots Staff Report April 20, 2021 Scandia City Council Page 10 RECOMMENDATIONS Amending the Development Code to allow for the ‘Rural Event Facility’ land use in R COMM The Planning Commission recommended the requested amendment to the Development Code be approved by the City Council. Amending the Future Land Use Map of the 2040 Comprehensive Plan to designate the future land use of this property as ‘Rural Commercial’ The Planning Commission recommended the request to change the future land use designation be denied by the City Council. A CUP for a Rural Event Facility The Planning Commission recommended to the City Council approval of a Conditional Use Permit at 20168 St Croix Trail North for a Rural Event Facility. The following conditions for the CUP were recommended: 1. The applicant shall comply with all local, state, and federal permits and requirements for the Rural Event Facility, including but not limited to: a. Documented County approval for any new or modifications to the existing well. b. Documented County approval for any new or modifications to the existing septic system. c. An approved permit from the local Watershed district for stormwater management, if required by the Watershed district. d. A City approved final Site Plan prepared by a Registered Engineer showing detailed parking lot design and lighting. e. A City approved grading and erosion control permit for construction activities on the site. f. A City approved sign permit for any permanent signage. g. A City approved final Landscape Plan. h. A City approved final Site Plan prepared by a Registered Engineer showing detailed parking lot design and lighting. 3. The City will not issue a Certificate of Occupancy for the Rural Event Facility venue until all requirements and permits listed in #1 above are complete. 4. The applicant shall pay all fees and escrow costs related to the application.