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06.d CUP and Variance Extensions Arts and Heritage CenterV4, SCANDIA Staff Report Date of Meeting: March 21, 2023 To: Mayor and Council From: Anne Hurlburt, Interim City Administrator Re: Conditional Use Permit and Variance Extensions Proposed Arts and Heritage Center Development Parcel 23.032.20.21.0002 —14727 2011 St., Scandia MN 55073 Background: On October 21, 2021 the Scandia City Council adopted Resolution 2021-43, approving a Conditional Use Permit for a Planned Unit Development, and Resolution 2021-44, approving variances to wetland setback requirements, both needed for the proposed Arts and Heritage Center development. Scandia's Unified Development Code (Chapter 153 Section 153.500.060 Subd. 1. (C) V) provides that the applicant must commence the use or improvement within one year of the date on which a conditional use permit is issued. A request for an extension not exceeding one year may be approved by the Zoning Administrator. A second extension or a time longer than one year shall be presented to the Planning Commission and Board (the City Council) for a decision. Scandia's Unified Development Code (Chapter 153 Section 153.500.060 Subd. 1. (B) VIII) provides that the applicant must commence the use or improvement within one year of the date on which a variance is issued. Further, it states (Section 153.500.060 Subd. 1. (B) IX.) that a request for an extension not exceeding one year may be approved by the Zoning Administrator. A second extension or a time longer than one year shall be presented to the Planning Commission and Board (the City Council) for a decision. Staff approved extension of the conditional use permit and variance for a period of one year ending October 21, 2023. Additional Extension Requested: On April 21, 2020, the Scandia Heritage Alliance (SHA) and the City of Scandia entered into a Redevelopment Agreement for this project. The agreement gave the SHA an exclusive six-year right to re -erect and rehabilitate the Scandia Water Tower Barn on city -owned property as an arts and cultural center. It was understood that securing funding for this project would take several years. SHA is making progress in that effort and expects to meet that goal but not before the permits expire in the fall of 2023. At their March 7, 2023 meeting, the Planning Commission voted (3-0) to recommend that the City Council extend both permits to run concurrently with the Redevelopment Agreement. Additional extensions should be not required, unless there are no permits issued for commencement of the project consistent within the term of the Redevelopment Agreement, however it may be amended or extended. Recommendation: The Council should adopt the attached resolution extending the terms of the CUP and Variance. Attachment: • Draft City Council Resolution CITY OF SCANDIA, MINNESOTA CC RESOLUTION NO. 03 -21 -2023 -XX APPROVING EXTENSIONS OF A CONDITIONAL USE PERMIT AND VARIANCES FOR THE ARTS AND HERITAGE CENTER PLANNED UNIT DEVELOPMENT LOCATED AT PARCEL ID 23.032.20.21.0002 WHEREAS, on April 21, 2020 the Scandia City Council adopted Resolution No. 2020- 14 and entered into a Redevelopment Agreement with the Scandia Heritage Alliance (SHA), for development of an Arts and Heritage Center on property located at 14727 209th Street North, City of Scandia; and WHEREAS, the property is legally described as follows: See Attachment A; and WHEREAS, the agreement gave the SHA an exclusive six-year right to re -erect and rehabilitate the Scandia Water Tower Barn on the city -owned property as an arts and cultural center; and WHEREAS, in 2021 SHA and the City of Scandia applied for a Conditional Use Permit and Variances to allow for development of the project; and WHEREAS, on October 21, 2021 the Scandia City Council adopted Resolution 2021-43, approving a Conditional Use Permit for a Planned Unit Development, and Resolution 2021-44, approving variances to wetland setback requirements; and WHEREAS, Scandia's Unified Development Code (Chapter 153 Section 153.500.060 Subd. 1. (C) V) provides that the applicant must commence the use or improvement within one year of the date on which a conditional use permit is issued. A request for an extension not exceeding one year may be approved by the Zoning Administrator. A second extension or a time longer than one year shall be presented to the Planning Commission and Board (the City Council) for a decision; and WHEREAS, Scandia's Unified Development Code (Chapter 153 Section 153.500.060 Subd. 1. (B) VIII) provides that the applicant must commence the use or improvement within one year of the date on which a variance is issued. Further, it states (Section 153.500.060 Subd. CC Resolution No. 03 -21 -2023 -XX Page 2 of 6 1. (B) IX.) that a request for an extension not exceeding one year may be approved by the Zoning Administrator. A second extension or a time longer than one year shall be presented to the Planning Commission and Board (the City Council) for a decision, and WHEREAS, staff approved extensions of the conditional use permit and variance for a period of one year ending October 21, 2023; and WHEREAS, on March 7, 2023, the Scandia Planning Commission reviewed and recommended extending the approvals to coincide with the term of the Redevelopment Agreement; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it approves extensions of the Conditional Use Permit and Variances based on the finding that when the Council approved the Redevelopment Agreement, it was understood that securing funding for this project would take several years. SHA is making progress in that effort and expects to meet that goal but not before the permits expire in the fall of 2023; and FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. The term of the Conditional Use Permit and Variance shall be extended to coincide with the term of the Redevelopment Agreement. 2. All conditions of approval contained in Resolutions 2021-43 an 2021-44 shall be met. Adopted by the Scandia City Council this 21 st day of March, 2023 October, 2021. Christine Maefsky, Mayor ATTEST: Anne Hurlburt, Interim City Administrator CC Resolution No. 03 -21 -2023 -XX Page 3 of 6 Attachment A — Legal Description PROPOSED PLANNED UNIT DEVELOPMENT PARCEL DESCRIPTION TRACT "C" REGISTERED LAND SURVEY N0. 105, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Washington County, Minnesota. EXCEPT Parcel No. 20 of Washington County Highway Right of Way Plat No. 101. AND Part of Lot Thirty-one (31), Auditor's Plat No. 6, in the Northeast quarter of the Northwest quarter (NE 1/4 of NW 1/4) of Section Twenty-three (23), Township Thirty-two (32) North, Range Twenty (20) West, Washington County, Minnesota, as per the plat thereof on file and of record in the office of the Register of Deeds of said County, described as follows: Beginning as the Southeast corner of said Lot Thirty-one (31); thence North, assumed bearing, along the East line of said Lot Thirty-one (31), a distance of 581.84 feet; thence West, 110.00 feet; thence North, 375.90 feet, thence So. 76°55'15" West, 577.57 feet; thence South 14010145" West, 154.30 feet; thence along a tangent curve, radius 457.58 feet, central angle 57°18', concave to the Northwest, 457.59 feet; thence South 71028'45" West, along tangent, 173.93 feet to the intersection with a line 150.00 feet East of, measured at right angles to and parallel with, the West line of said Lot Thirty-one (31); thence South O1°01'30" West, along said line, 330.12 feet to the South line of said Lot Thirty-one (31); thence North 88°33'00" East, along the South line of said Lot Thirty-one (31), a distance of 1174.12 feet to the point of beginning; subject to County State Aid Highway No. 3 and 209th Street, the said tract being previously described as follows: All that part of Lot Thirty-one (31) of County Auditor's Plat Number Six (6) which lies South of the road that divides said Lot and East of the Big Lake and Scandia road, excepting that CC Resolution No. 03 -21 -2023 -XX Page 4 of 6 part thereof heretofore conveyed to August Svenson and described as follows, to -wit: Commencing as the Southwest corner of said Lot Thirty-one (31); Thence North along the West line of said Lot Thirty-one (31), Two hundred eighty-seven (287) feet more or less to the center of the public highway now crossing said line; thence following the center of the public highway in an Easterly direction a distance of One hundred sixty-seven (167) feet; thence in a straight line. in a Southerly direction to a point on the South line of said Lot Thirty-one (31), one hundred fifty (150) feet East of the Southwest corner thereof; thence West along the South line of said Lot, one hundred fifty (150) feet to place of beginning, containing 1.14 acres of land more or less, and also except that part thereof described as follows: Part of Lot Thirty-one (31), Auditor's Plat No. 6, in the Northeast quarter of the Northwest quarter (NE 1-4 of NW 1-14)of Section Twenty-three (23), Township Thirty-two (32) North, Range Twenty (20) West, Washington County, Minnesota, as per the plat thereof on file and of record in the office of the Register of Deeds of said County, described as follows: Commencing at the Southeast corner of said Lot 'Thirty-one (Ji); thence North, assumed bearing, along the East line of said Lot Thirty-one (31), a distance of 581.84 feet to the point of beginning; thence West, 110.00 feet; thence North, 375.90 feet; thence North 76055'15" East, 112.93 feet to the East line of said Lot Thirty-one (31); thence South along the East line of said Lot Thirty-one (31) a distance of 401.46 feet, to the point of beginning; subject to 209th Street. Also excepting all that part of said Lot 31 of County Auditor's Plat No. 6, lying northerly of the following described line, said line being the existing center line of 209th Street North and its westerly extension: Commencing at a Washington County stone monument at the north quarter corner of Section 23, Township 32 North, Range 20 West; thence on a azimuth from north of 180 degrees 56 minutes 45 seconds, Washington County Coordinate System, North American Datum 1983 (NAD 83), along the east line of the Northeast Quarter of the Northwest Quarter of said Section 23, a distance of 324.50 feet to the point of beginning of the line to be CC Resolution No. 03 -21 -2023 -XX Page 5 of 6 described; thence southwesterly a distance of 53.02 feet along a non- tangential curve concave to the northwest having a radius of 273.13 feet, a central angle of 11 degrees 07 minutes 23 seconds and whose chord is on an azimuth of 252 degrees 18 minutes 18 seconds; thence on an azimuth of 257 degrees 52 minutes 00 seconds, tangent to said curve, a distance of 442.44 feet; thence westerly a distance of 139.62 feet along:a tangential curve concave to the north having a radius of 310:00 feet and a central angle of 25 degrees 48 minutes 20 seconds; thence on an azimuth of 283 degrees 40 minutes 20 seconds;` tangent to said curve, a distance of 53.57 feet to the Westerly line of said Lot 31, and said line there terminating. CC Resolution No. 03 -21 -2023 -XX Page 6 of 6 PROPOSED USE AREA PARCEL DESCRIPTION Part of Lot 31, Auditor's Plat No. 6, in the Northeast Quarter of the Northwest Quarter of Section 23, Township 32 North, Range 20 West, Washington County, Minnesota, as per the plat thereof on file and of record in the office of the County Recorder of said County, described as follows: Commencing at the southeast corner of said Lot 31; thence South 89 degrees 31 minutes 15 seconds West, bearinqs are oriented to the Washington County Coordinate System, NAD 83, 1986 adjustment, along the south line of said Lot 31 a distance of 416.61 feet to the point of beginning of the parcel to be described; thence North 10 degrees 41 minutes 40 seconds West a distance of 138.66 feet; thence North 55 degrees 00 minutes 00 seconds West a distance of 206.00 feet; thence North 14 degrees 45 minutes 46 seconds West a distance of 290:21 feet; thence North 58 degrees 43 minutes 14 seconds West a distance of 75.76 feet, more or less, to the intersection with the boundary line of real property described in Warranty Deed, Document Number 319741; thence southwesterly along said boundary line, being a non-tangential curve concave to the northwest, an arc distance of 328.60 feet, Sa1U UULVe ildS d LddiUS U1 457-58 feel ditU d central angle of 41 degrees 08 minutes 46 seconds, the chord of said curve bears South 51 degrees 51 minutes 07 seconds West; thence South 72 degrees 25 minutes 30 seconds West, tangent to Lhe last described curve and along said boundary line, a distance of 171.21 feet, more or less, to the intersection with a line 150.00 feet East of, measured at right angles to and parallel with, the west line of said Lot 31; thence South 00 degrees 49 minutes 14 seconds West, along said parallel line a distance of 330.37 feet, more or less, to the intersection with the south line of said Lot 31; thence North 89 degrees 31 minutes 15 seconds East, along said south line a distance of 754.05 feet to the point of beginning. This parcel contains 6.288 acres, more or less, and is subject to the right of way of Olinda Trail North and all other easements, restrictions and covenants of record.