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08.b1b Staff report BPF CUP and IUP 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: Better Place Forest CUP Amendment & IUP Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Gia DeBartolo, Applicant Project No.: 18407.000 From: Evan Monson, Planner Routing: Date: March 7, 2022 SUBJECT: An Interim Use Permit for temporary structures, and an amendment to an existing Conditional Use Permit for Better Place Forest MEETING DATE: March 15, 2022 LOCATION: 12630 Lakamaga Trail North, PID’s 21.032.20.33.0004; 28.032.20.22.0001; 28.032.20.21.0001; 28.032.20.12.0003; 28.032.20.24.0002 APPLICANT: Gia DeBartolo – Better Place Forest OWNER: BPF Scandia Conservation Lands LLC – “Better Place Forest” ZONING: General Rural (GR), Shoreland Overlay REVIEW PERIOD: April 10, 2022, 120-day June 9, 2022 ITEMS REVIEWED: Application and plans received February 9, 2022 DESCRIPTION OF THE REQUESTS The applicant is looking to amend their previously approved conditional use permit (CUP) for their cemetery land use – a ‘conservation memorial forest’. The CUP was originally issued in 2020, shortly after the beginning of the pandemic. Since then, the project has moved forward with some activity, though they are now looking to make some changes to the previously approved plans, along with acquiring an interim use permit (IUP) for some temporary structures they would like to use on the site. The proposed amendment to the CUP would be for an extended timeline for the CUP, to prevent it from expiring, and to adopt an updated site plan reflecting the locations of the proposed temporary structures. The IUP would permit the temporary structures as being able to be placed on the site for a set period of time. An IUP is able to be permitted for up to five years, though the city can approve it for a time less than five years. The applicant wishes to have the IUP for the full five years, while amending the CUP timeline to not expire until the IUP has ended. BPF CUP & IUP Staff Report March 15, 2022 Scandia City Council Page 2 Since the current CUP is already on the books, an amendment is needed in order to approve any changes to the timeline, as well as any major changes to the site plan. Both an IUP and a CUP amendment follow a similar process, in that the Planning Commission reviews the request, and recommends an action on the items to the City Council. 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 requested use. The Planning Commission reviewed the requests at their meeting on March 1st, and recommended approval of the request. Their recommendation for the length of the IUP was for a length of five years. The complete recommendations from the commission are found at the end of this report. PROPERTY INFORMATION Parcel description: 12630 Lakamaga Trail North is located roughly two miles southwest of downtown Scandia. The property consists of 112 acres of largely wooded land. The subject property abuts the west side of Fish Lake, as well as a small portion of Big Marine Lake, and has a number of wetlands throughout. The proposed improvements related to the project are confined to the far south end, near a new access onto Lakamaga Trail. Due to the proximity to multiple lakes, the entire site is within the Shoreland Management overlay district. Zoning: General Rural (GR), Shoreland Overlay Land use: Conservation Memorial Forest (Cemetery) 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 requirements from the 2020 CUP would still apply. The conditions of the CUP from 2021 require grading and other permits were to be acquired from the city, such as NPDES, watershed, County permits for septic, and State permits for wells. The new/revised plans as part of the CUP amendment and IUP should also note:  Add or denote all signage on the site, including ‘on-way traffic’ signage and ‘handicap parking’ signage  If not operating in the winter, a gate or barrier should be added near the site entrance  Confirm tree removal near site entrance is complete  Add details on ADA accessibility to temporary structures  Add well location  Could request a notice for any transfer of property prior to IUP/CUP completion as a condition in the IUP Watershed The Carnelian Marine St. Croix Watershed District noted that their watershed permits from 2020 would still apply, and that some items from that permit were still incomplete. The CUP from 2020 noted any BPF CUP & IUP Staff Report March 15, 2022 Scandia City Council Page 3 required watershed permits shall be acquired. Washington County County staff noted that the proposed temporary restroom/toilet structure could be permitted by the County, if it met applicable requirements of the County’s septic ordinance. The future permanent building being proposed would still need to be served by an approved on-site system. Development Code Requirements Timelines and Expiration of current CUP Since the proposed site plan would be deviating from what was originally approved, the proposed changes would require amending the CUP. Amending a timeline for expiration for a CUP after it is approved also requires an amendment. The temporary structures on the site are proposed as a short- term improvement while the business operation grows , which would be best approved as an interim use. Interim uses are permitted through an IUP. Combining the requested IUP with a revised timelin e for the CUP will allow the applicant to carry out the interim use (the temporary structures), and then proceed with the long-term goal of constructing the proposed building on the site without needing to restart 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. An IUP can be approved for up to 5 years, or for a shorter time. Depending on the length of the IUP, the extended CUP timeline would want to be consistent with that end date. Site Plan changes The site plans are not changing much from the original approval in 2020; the main change is incorporating the proposed interim uses into the site plan. Other changes include a new location for the future permanent building on-site, a modified design/layout of the on-site parking, and updating the details on the driveway that was installed since the original CUP approval. The final location of the driveway was to be determined by a field inspection with the applicant and city staff, this was completed in 2021. A grading and driveway permit were issued for the site upon the determination of the driveway location in spring of 2021. CUP AND IUP CRITERIA The criteria for each 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. Below was the findings from 2020 regarding the proposed conditional use: 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. The proposed use is consistent with the goals and policies for uses in the General Rural area. It will not require new public facilities or impact the City’s capital improvement 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. BPF CUP & IUP Staff Report March 15, 2022 Scandia City Council Page 4 The proposed conservation memorial forest will retain a large area of land in its natural state, which benefits the health and welfare of nearby residents, wildlife and the environment. Visitation and traffic at the site is expected to be low and th e proposed activities will be low volume and create no odor. The use will not create adverse impacts on the public health safety, morals, comfort or general welfare of the public. 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. The use will barely be visible or noticeable to people outside of the property. It is intended as a quiet, sanctuary space for people to find peace and quiet while visiting deceased loved ones. It will not substantially diminish or impair nearby property values or scenic views. 4. The establishment of the conditional use will not impede the normal and orderly developme nt and improvement of surrounding property for uses permitted in the district. The proposed use will not noticeably change the site from what it is today, and therefore will not impede development or improvement of surrounding properties. The proposed amendment would not result in changes any more significant than what was approved in 2020. 5. Adequate public facilities and services are available or can be reasonably provided to accommodate the use which is proposed. Small numbers of visitors will be on site at any one time. A visitor building with water and sanitary facilities will be available, as well as a finished driveway and parking spaces to accommodate vehicles. Adequate public facilities and services will be available and able to accommodate the expected volume of visitors. The proposed IUP will provide facilities and services for the short- term, while the applicant prepares to build the proposed visitor building. 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. The proposed use is consistent with the applicable regulations of the General Rural District , as outlined previously in the 2020 report. 7. The conditional use complies with the general and specific performance standards as specified by this Section and this Chapter. As outlined in the 2020 report and in the application, the conditional use meets the general and specific performance standards of the Development Code. 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 temporary structures are permitted as an interim use. The site itself is already part of a CUP, which also has conditions to adhere to ensuring compliance with the city’s Development Code.  The date or event that will terminate the use can be identified with certainty. The applicant has requested the IUP to 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. BPF CUP & IUP Staff Report March 15, 2022 Scandia City Council Page 5  The use will not impose additional unreasonable costs on the public. Any city improvements for the proposed use would require costs to be covered by the applicant. The use as proposed would not impose any unreasonable costs onto the city.  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 2. Deny, with findings 3. Table the request RECOMMENDATION The request has been split into two resolutions, one for the IUP, and one amending the CUP. Each resolution is to be voted on by the City Council. IUP If the Council determines the criteria are met, they may approve of an Interim Use Permit at 12630 Lakamaga Trail North for short-term use of two temporary structures on the site. The following conditions for the IUP were recommended by the Planning Commission: 1. The use of the temporary tent and compostable toilets on the site, as shown on the submitted plans, is permitted for up to _ years. 2. The applicant shall adhere to the conditions of the previously approved CUP upo n expiration of the IUP. 3. Upon expiration of the IUP, the previously approved CUP shall not expire unless a building permit for the proposed visitor building has not been issued by the city. 4. Applicant shall notice the city of any transfer of property prior to IUP completion. 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. CUP If the Council determines the criteria are met, they may approve of an amendment to the 2020 Conditional Use Permit for a cemetery land use at 12630 Lakamaga Trail North. The following amendments to the CUP were recommended by the Planning Commission: 1. The Conditional Use Permit shall expire _ years from the date of approval of this amendment and the 2022 Interim Use Permit for the site, unless a building permit for the proposed visitor building has been issued by the city. 2. The amended site plan shall be updated to address the following items: a. Denoting all signage on the site, including ‘on-way traffic’ signage and ‘handicap parking’ signage. b. If not operating in the winter, a gate or barrier should be added near the site entrance c. Identify trees removed near site entrance. BPF CUP & IUP Staff Report March 15, 2022 Scandia City Council Page 6 d. Add details on ADA accessibility to the proposed temporary structures e. Add approved well location. 3. The applicant shall notice the city of a transfer of property prior to IUP/CUP completion as a condition or as part of a Development Agreement 4. The applicant shall secure all applicable local, state, and federal permits for the proposed conditional use. 5. The applicant shall pay all fees and escrow costs related to the application. 6. The previous conditions approved with the original 2020 Conditional Use Permit, approved July 1, 2020; shall remain in effect.