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08.b1b 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 Planning Commission Reference: Rustic Roots 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: January 11, 2022 SUBJECT: Amending a Conditional Use Permit for a Rural Event Facility at 20168 St Croix Trail North MEETING DATE: January 18, 2022 LOCATION: 20168 St Croix Trail North, PID 24.032.20.41.0001 APPLICANT: Greg and Andrea Sandager ZONING: Agriculture Core (AG C) REVIEW PERIOD: January 14, 2022, 120-day March 15, 2022 ITEMS REVIEWED: Application and plans received November 15, 2021 DESCRIPTION OF THE REQUESTS The applicant is looking to amend their previously approved Conditional Use Permit for a Rural Event Facility on their property. The CUP for the Rural Event Facility was previously approved by the city in 2021. The proposed facility would share the site with the Rustic Roots winery, which was previously approved by the city in 2020. The proposed amendment that the applicant is requesting is to allow for the facility to be built at a later date, due to issues trying to get materials and supplies for construction. In the interim, a tent is proposed to be setup on the property for use for gatherings. The applicant is proposing to use this short-term option for no more than five years. The city could permit it as an interim use, since an interim use permit can have an end date as a condition. If permitting as an interim use, the expiration of the CUP that was received in 2021 would be amended to expire after the IUP expires; if the applicant does not move forward with building the Rural Event Facility after the IUP ends, then the CUP would expire. The request was reviewed by the Planning Commission at their meeting on January 4th. The commissioners reviewed the request, and made findings supporting approval of the request. The recommendation and conditions from the Planning Commission are found on page 7 of this report. Rustic Roots Staff Report January 18, 2022 Scandia City Council Page 2 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 fronts Oakhill Road. A paved driveway connects the lot to St Croix Trail North by cutting through a neighboring parcel to the east. The property is approximately 57 acres in size. The land consists of wooded areas, open fields, and the vineyards for the winery. Zoning: Agriculture Core (AG C) Land use: Winery Figure 1: Aerial of the site and nearby parcels, per Washington County GIS EVALUATION OF REQUESTS Applicant’s Explanation of the Requests See application included with meeting materials. Staff Comments on the Requests Engineer The City Engineer noted a grading permit would be required for work on the site. Conditions of the CUP from 2021 require grading and other permits to be acquired from the city. Rustic Roots Staff Report January 18, 2022 Scandia City Council Page 3 Watershed The Carnelian Marine St. Croix Watershed District noted that watershed permits would apply to the Rural Event Facility. The CUP from 2021 noted any required watershed permits shall be acquired. Minnesota Department of Transportation & Washington County The County noted that the angle of the existing access off of Oakhill would not be ideal for use as a primary access for the Rural Event Facility. The DOT notified the city during the review of the CUP last year that an access permit would be required from the applicant for utilizing the existing driveway from Highway 95. Said access permit would have to meet specifications and requirements of the DOT, which would require turn lanes be installed to accommodate additional traffic into and out of the site. Development Code Requirements CUP vs IUP Since the proposed use would be deviating from what was originally approved, the proposed changes would at minimum require amending the CUP for the Rural Event Center. The tent on the site is proposed as a short-term solution, which would be best approved as an interim use. Interim uses are permitted through an IUP. Similar to a CUP, an IUP also would allow for the city to add conditions of approval. Unlike a CUP, an IUP would permit a time limit or sunset on the use, which would ensure that the tent is a short-term use and not used as a permanent Rural Event Facility. Timelines and Expiration of current CUP As part of the review of the request, the Planning Commission discussed the status of the existing CUP issued in 2021. CUPs have a time limit on them to begin their use within one year of approval. Since the proposed use of the tent in the short-term was recommended as an IUP, an additional condition in the recommendation is to extend the timeline of the CUP expiration to coincide with the ending of the IUP. This would allow the applicant to carry out the interim use (the tent), and then proceed with the long-term goal of building the already approved Rural Event Facility without needing to start the CUP process all over again. The Development Code notes in Chapter One, Section 8.8 that the City Council can issue such timeline extensions for CUPs. The extension of the timeline is recommended as an amendment to the 2021 CUP, which is the second resolution included in the meeting materials for this item. Requirements 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. Findings and project information from the CUP approval in 2021 follow. 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. Rustic Roots Staff Report January 18, 2022 Scandia City Council Page 4 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. As noted in the review of the CUP in 2021, the Rural Event 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 January 18, 2022 Scandia City Council Page 5 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. Findings for an Interim Use Permit (IUP) An IUP follows both the standards and criteria listed in Chapter One of the Development Code for a CUP, as well as some standards that are specific just to IUPs. These criteria are listed below in italics, with the findings from the Planning Commission following. CUP Criteria Chapter One, Section 8.4 lists the standards to meet to grant a CUP: 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, this 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 interim use would be to add an additional use onto a site used for an existing winery facility. The IUP would permit a tent as a short-term Rural Event facility until the applicant is able to build the structures that were proposed as part of the previously approved CUP. 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. Rustic Roots Staff Report January 18, 2022 Scandia City Council Page 6 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. 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 for existing items. Adhering to conditions of approval would ensure appropriate facilities and services are provided. 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 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 use would comply with the standards of conditional uses. IUP Criteria Chapter One, Section 9.2 outlines the specific standards for an Interim Use:  The use is allowed as an interim use in the respective zoning district. The proposed use is permitted as an interim use.  The date or event that will terminate the use can be identified with certainty. The applicant indicated the use would last no longer than five years. An interim use can be permitted for up to five years; the city could approve for a shorter time period as a condition of approval.  The use will not impose additional unreasonable costs on the public. Any improvements for the proposed use would require costs to be covered by the applicant.  The user agrees to any conditions that the City Council deems appropriate for permission of the use. ACTIONS REQUESTED The Scandia City Council can do one of the following: 1. Approve, with or without conditions 3. Deny, with findings 4. Table the request Rustic Roots Staff Report January 18, 2022 Scandia City Council Page 7 RECOMMENDATIONS The request has been split into two resolutions, one for the IUP for the tent, and one amending the CUP. Each resolution can be voted on by the City Council. The Planning Commission recommended to the City Council approval of an Interim Use Permit at 20168 St Croix Trail North for short-term use of a tent as a Rural Event Facility. The following conditions for the IUP are recommended: 1. The use of a tent as a temporary Rural Event Facility, as shown on the submitted plans, is permitted for up to 5 years. 2. The applicant shall provide adequate restroom facilities for the temporary Rural Event Facility on- site during the duration of the IUP. A minimum of six toilets shall be deemed adequate for the temporary Rural Event Facility. 3. The applicant shall adhere to the conditions of the previously approved CUP upon expiration of the IUP. 4. Upon expiration of the IUP, the previously approved CUP shall not expire unless a building permit for the Rural Event Facility has not been issued by the city. 5. The applicant shall acquire all applicable local, state, or federal permits, and comply with their requirements. 6. The applicant shall pay all fees and escrow costs related to the application. The recommendation is to approve an amendment to the previously approved CUP from 2021, for a Rural Event Facility at 20168 St Croix Trail North. The following amendments are recommended: 1. The Conditional Use Permit shall expire five years from the date of approval of this amendment and the 2022 Interim Use Permit for the site, unless a building permit for the Rural Event Facility has been issued by the city. 2. The applicant shall secure all applicable local, state, and federal permits for the proposed conditional use. 3. The applicant shall pay all fees and escrow costs related to the application. 4. The conditions approved from the original 2021 Conditional Use Permit, approved April 20, 2021; shall remain in effect.