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5.a Rustic Roots - PC Packet1 | P a g e Date of Meeting: June 6, 2023 To: Chair Loeffler and Members of the Planning Commission From: T.J. Hofer, Consultant City Planner Re: Conditional Use Permit (CUP) Amendment for Winery (Farm) Applicant: Rustic Roots Winery Zoning: Rural Commercial (R-C) Owner: Riverview Estates Future Land Use Rural Commercial Location: 20168 St. Croix Trail PID 2403220410001 Review Deadline: July 8, 2023 The applicant is requesting approval for a Conditional Use Permit (CUP) amendment to update the site plan for the existing CUP that was approved with Resolution 2020-21. The approval of Resolution 2020-21 was conditional. Staff has determined that several of these conditions were never met. The applicant is also submitting materials to meet these conditions. BACKGROUND Permitting, Planning, and Zoning History In 2019, permits were issued for improvements to the existing structure on the property including a re-roof, plumbing, electric, septic, and a grading permit for a driveway. The file indicates that MnDOT approved the access permit based on traffic for a vineyard use. There were no approvals for a tasting room and other facilities at that time. 2 | P a g e In 2020, the city approved the following: • Variance to install two, one-sided business signs (Resolution 2020-10) • Conditional Use Permit (CUP) for a craft winery/cidery (Resolution No. 2020-21) The CUP approval included the following conditions: 1. The applicant shall comply with all local, state, and federal permits and requirements for the new uses on the parcel, including but not limited to: a. Documented County approval for the new well. b. Documented County approval for the new 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 parking lot and landscape areas. f. A City approved sign permit. 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. (Repeat of item d.) 2. The City will not issue a Certificate of Occupancy for the visitor building of the winery until all requirements and permits listed in #1 above are complete. 3. The property is limited to no more than six (6) planned events with more than 200 people per year. 4. The applicant shall pay all fees and escrow costs related to the application. In 2021, the city approved the following: • Conditional Use Permit for a Rural Event Center (Resolution 2021-14) The same conditions listed above from Resolution 2020-21 were included in this resolution. • Amendment to Comprehensive Plan Future Land Use map to change the property’s designation to Rural Commercial (R COMM) (Resolution 2021-22) In 2022, the city approved: • Interim Use Permit (IUP) for use of a temporary tent as a Rural Event Center (Resolution 2022-06) • Amendment to the CUP to establish a Rural Events Center (Resolution 2022-07) This resolution included a condition that all the conditions approved in the 2021 CUP resolution shall remain in effect. A landscape plan was submitted as part of this application. Also, in 2022 (October 12, 2022) the city adopted the UDC, which included a new zoning map classifying the site as Rural Commercial (R-C). 3 | P a g e Current Issues and Non-Compliance with Past Approvals On April 15, 2022, former City Administrator Cammilleri approved a request to construct an agricultural building (pavilion) based on a picture of a site plan sent to the City by the applicant. Building code states that agricultural buildings do not require a building permit to be constructed, but also sets definitions for what constitutes an agricultural building. This building was constructed in 2022. Sometime after it was constructed the applicant requested a final inspection of the plumbing for the purposes of fulfilling the State of Minnesota licensing requirements. At this point, the Building Official informed City Staff that no permits were on file for the building and that no inspection could be made. The City Assessor also informed staff that he had discovered the newly completed building this fall while making his regular rounds to review Scandia properties. The building is approximately 25 feet by 56 feet in size and contains a concession/ bar area, coolers, a retail space/ gift shop, and restrooms accessible to the public. These uses of the building are outside the scope of what is allowed for an “agricultural building” in both the UDC, the previous zoning code, and the building code. During this time staff reviewed past CUP and IUP approvals and found several conditions of approval that were never addressed. The City’s records do not include a site plan or a grading and erosion control plan, both of which should have been required before a certificate of occupancy was issued for the site. The staff report from the June 8, 2020, City Council meeting where Resolution No. 2020-21 was approved includes an image of a site plan but the plan itself was not on file and the conditions of approval included, “A City approved final Site Plan prepared by a Registered Engineer showing detailed parking lot design and lighting.” At this time, staff reached out to the applicant to inform them that staff cannot issue permits for the new building and cannot perform any inspections until proper approvals, including amendments to the CUP, have been granted. 4 | P a g e Property Information The winery is located wholly on a single parcel (2403220410001) (Parcel A), but access to the z site and part of the agricultural fields used for vineyards are located on other nearby parcels (passes through 2403220430001, 2403220440002, 1903219330005) (Parcel B, C, and D, respectively). Parcel A is approximately 57.08 acres. The parcel is zoned Rural Commercial (R-C) and guided Rural Commercial (amended with Resolution 2021-22, the Future Land Use Map has not been updated). Currently, the site includes four structures; a winery, tasting room, pergola, and the new pavilion. Other improvements include two patios, multiple connected sidewalks, and three parking lots. Currently, a temporary tent is located on the site that is allowed through an IUP. Future development of an event center and parking lot were approved in 2021. The future location of these buildings is shown on the plans. Existing Issues with Other Agencies Staff is aware of concerns about the site and access to the site from the Carnelian Marine St. Croix Watershed District (CMSCWD) and the Minnesota Department of Transportation (MnDOT). These concerns are addressed later in the staff report, where officials from these agencies provided comments. EVALUATION OF REQUEST Conditional Use Permit Amendment Winery Chapter 153.300.030 Subd. 1(E) outlines the requirements for wineries in the city. The following general standards must be met: a. A full plan set must be prepared by a licensed architect, or similarly qualified individual, consistent with the requirements identified in Section [153.500.050 and 153.500.060]. The submitted plans must include floor plans that clearly identify the activities proposed within each area of the facility. 5 | P a g e Existing structures aside from the pavilion were properly permitted through the City. The applicant has not provided building plans for the pavilion that are signed by an architect. The building official has indicated that these are necessary. b. All parking must meet standards established in Section [153.400.070]. The required parking may be met on-site, or by a combination of on-site and on-street parking. The number of stalls required will be calculated based on the floor plans and any planned outdoor gathering areas. All parking on the site meets the standards established in Section [153.400.070]. A total of 107 total parking stalls are located on the site, 10 of which are accessible. An additional gravel parking area can accommodate approximately 90 parking stalls. The applicant is also showing future parking along the western edge of the site that would be constructed when construction of the event center happens. c. The proposed operation must be located on a public right-of-way, and access must be obtained from the applicable agency with jurisdiction of the road. Any required improvements to the roadway needed to support the operations will be the responsibility of the owner/operator. The site has access off of MN 95/St. Croix Trail North and additional access from Oakhill Road North/County Road 52. Both of these accesses are located on parcels other than the parcel where the winery use is located. Comments from both Washington County and MnDOT about these accesses are located later in this report. d. The proposed building, whether new or reuse of an existing structure, must meet the requirements and standards established in Section [153.400.040] of this UDC. The new building, the pavilion, meets the standards established in Section [153.400.040]. e. Outdoor activities, events, vineyard tours, gathering areas, etc., must be identified on the site plan and described within the narrative. No outdoor activities, aside from outdoor seating, are identified on the site plan. f. The site must be supported by adequate utilities including, but not limited to, water supply and wastewater services. The operation must demonstrate that adequate services are on-site, or will be constructed, to serve the proposed use. If municipal services are available to the site, the proposed operations must hook up to the municipal supply. If private utility services are proposed, appropriate permitting must be obtained. The site is served by a private well and septic. Two separate septic systems are located on the property. Washington County has confirmed that both of these systems are in compliance. 6 | P a g e g. A full operations plan must be submitted with the application to describe, at a minimum, the hours of operation, number of employees, traffic management plan, and site security plans. The applicant provided the following narrative to staff with the submittal: Updated employee info: The number of employees on-site will not change with the addition of the pavilion building. This building is replacing an airstream trailer that we were using since opening with a permanent structure, so the same number of employees will be on-site at any given time, but this building will redistribute them to this building to replace the original trailer and move customer load from the tasting room as well. The hours of operation are unchanged. The current hours of operation are M-W 12-7 pm, Th-Sunday 11 am-8 pm. There are typically 2-10 employees working on-site during normal hours of operation, depending on customer traffic. The original staff report for the CUP stated: • About 20 employees • Up to 150 visitors at a time • Business Hours: M -Th 11 a. m.- 7: 00 p. m.; Fri -Sat 11: 00 a. m. — 8: 00 p. m.; Sunday 11: 00 — 6: 00 p. m. The current hours of operation are outside of what was previously detailed in the staff report for the original CUP. Hours of operation were not restricted within the approving Resolution. The original resolution approving the CUP for a winery listed the following conditions that impact operations on the site: 3. The property is limited to no more than six (6) planned events with more than 200 people per year. h. Agricultural production on site to support the proposed brewery, cidery, winery or distillery must be incorporated in site plans, and described as part of the operations in the submitted narrative. Agricultural production was included in the original narrative and is shown on the plans. Since the original approval in 2021, the area used for agricultural purposes has grown. Based on discussion with the applicant, staff believes that this use will increase further in the future. Plans should be revised or additional plans should be submitted to show current and future agricultural production. 7 | P a g e i. Any proposed food service must be accessory to the proposed use as a brewery, cidery, winery or distillery unless a separate Conditional Use Permit is obtained for restaurant services. The current use was approved with a kitchen and the food service is accessory to the winery use. j. Sale of retail goods that support the business must be promotional and branded/directly applicable to the operations. Retail goods sold on-site are promotional and branded/directly applicable to the operations of the winery. k. Any additional uses will require a separate Conditional Use Permit, and such proposed use must be on the Table of Uses. No additional uses are currently proposed. An existing CUP exists for an event center. In addition to these standards, additional standards apply to Wineries: a. Any proposed winery will be classified as a Farm Winery and must comply with the standards established within Minnesota Statute for operations including, but not limited to, on and off-sale standards, appropriate licensing, etc. Staff is aware that the property is appropriately licensed, however, there is currently an issue with the licensing as it relates to the pavilion building receiving approved permits. Staff has included a condition that the business provide updated licensing information after the building permit is issued for the pavilion. b. If the proposed operations abut a residential use the setback of any part of the property used as part of the winery (including grapes, gathering areas, etc.) must double the required setback as identified in the Base Zoning District from any shared lot line. The use does abut residential uses. Setbacks are doubled along the north (rear) and east (side) lot lines to 100 feet and 20 feet, respectively. CUP Criteria Chapter 153.500.060 Subd. 1(C)(I) of the UDC lists the general standards to meet to grant a CUP or IUP. Below these standards are repeated in italics, with the staff’s findings following: 1. The proposed 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 existing use is in compliance with the Comprehensive Plan. The new pavilion structure is in compliance with the use and Comprehensive Plan. 8 | P a g e 2. The establishment, maintenance or operation of the proposed 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 existing use is permitted within this zoning district through a conditional use permit. The new pavilion structure adds to this use, will promote and enhance the general public welfare, and will not be detrimental to or endanger the public health, safety, morals, or comfort. Reasonable conditions of approval can be added if the City Council finds issues with the proposed use. 3. The proposed 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 pavilion 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 pavilion is an expansion of the existing use and is located near the cluster of existing structures. 4. The establishment of the proposed use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. The proposed use will not impede development or improvement of surrounding properties. 5. Adequate public facilities and services are available or can be reasonably provided to accommodate the use which is proposed. The proposed use will use the existing access, no new curb cut or access drive will be needed. There are existing issues with the County and MnDOT that the applicant is working through. Comments from both entities are later in the staff report. The proposed use is serviced by a private well and septic and does not require an extension of city- owned public facilities. 6. The proposed 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 R-C District and is consistent with the requirements of the UDC. Any future structures on the site will be required to conform with the applicable regulations of the district and the Conditional Use Permit must be amended to allow for additional structures that are not agricultural buildings. Reasonable conditions of approval can be added if the City Council finds issues with the proposed use in relation to surface or groundwater contamination, excessive manure accumulation, odor, noise, and other potential nuisances. 9 | P a g e 7. The proposed use complies with the general and specific performance standards as specified by this Section and this Chapter. This conditional use permit to meets the general and specific performance standards of the UDC. ANALYSIS Review Comments Carnelian-Marine-St. Croix Watershed District The applicant has submitted for a permit from the Carnelian-Marine-St. Croix Watershed District (CMSCWD). The Watershed District has approved the permit with 15 stipulations. This permit is included in the attachments for review. Improvements were made on the site without the knowledge of the Watershed District and there are a number of stormwater management improvements that the Watershed District has approved through a permit. SMSCWD expects that the stormwater infrastructure will be in place within the year, but expects that it will take until next year for the vegetation that is required to be established. Staff has included a condition in the approval of the CUP Amendment, that the CUP can be revoked if the improvements and standards of the CMSCWD are not met. MNDOT MNDOT has provided comments and the comments are attached. MNDOT’s primary concerns are the improvements to MN 95 around the access to the property. The applicant has been working with MNDOT on plans regarding these improvements and most recently MNDOT received 60% plans and is in the process of reviewing the plans. The improvements will add a right turn lane on southbound MN 95 and a bypass lane on northbound MN 95. MNDOT requested that a condition be added to ensure these improvements are completed. Washington County Washington County has provided comments and the comments are attached. The County’s comments are related to the access of the site off of MN 95. The County however has expressed interest in combing the improvements required by MNDOT with improvements at the intersection of MN 95 and County Road 52. At the time of review, there are no existing plans for improvements at this intersection. Engineering Department The City Engineer had no comment. Public Works Department The Public Works Director had no comment. 10 | P a g e Fire Department The Fire Chief noted that he had no issues/comments with the preliminary plat. Washington Conservation District Comments from Jay Riggs, of the Washington Conservation District, are attached. The WCD provided no comments based on the Wetlands Conservation Act. Staff Analysis Staff finds that the proposed plan is generally consistent with the Comprehensive Plan and Zoning Ordinance. Where the plan is not consistent, staff has recommended conditions within the resolution to bring the proposal into compliance. When the original Conditional Use Permit was approved in 2020, several elements were missing from the City that should have been required before the application was considered. These were included in the conditions of approval, however, they were never received by the City before the certificate of occupancy was issued as was required in the conditions applied to the permits. Staff believes that the proposed CUP Amendment will bring the site into compliance with the previous approvals and the UDC. Staff has concerns about the issues detailed by the Carnelian-Marine-St. Croix Watershed District and the Minnesota Department of Transportation. Staff has included conditions that the Conditional Use Permit may be revoked if the improvements that are required by both entities are not completed. Staff has reviewed the plan for consistency with the applicant standards outlined in the Comprehensive Plan, Zoning Ordinance, and Subdivision Ordinance. Staff noted in the staff report the outstanding issues that must be addressed and has included conditions in the attached draft resolutions to address these issues. The Planning Commission may recommend modifications to these conditions. If the Planning Commission believes that the applicant will not meet the requirements and standards for the CUP, the Planning Commission should recommend denial of the request. COMMISSION ACTION The Planning Commission can do one of the following: 1. Recommend approval, with or without conditions, of the attached resolution. 2. Recommend denial, with findings, of the attached resolution. 3. Table the request for further review/study. 11 | P a g e Staff recommends that the Planning Commission recommend approval of the request for Conditional Use Permit Amendment for Rustic Roots. Approval includes a resolution. The following findings and conditions of approval are recommended: 1. The applicant shall comply with all local, state, and federal permits and requirements for the new uses on the parcel, including but not limited to: a. An approved permit from the local Watershed district for stormwater management, as required by the Watershed district. b. An approved plan from the Minnesota Department of Transportation for access off of Minnesota Highway 95. 2. The City may revoked the Conditional Use Permit for the site if all permits and required work to comply with approvals from other local, state, and federal permits is not completed including, but not limited to: a. The improvements to stormwater management required by the Carnelian-Marine-St. Croix Watershed District approved through Permit 21-031, as revised, are not completed by 2024. b. The improvements to MN 95 are not completed by 2024, as indicated by the comments provided by the Minnesota Department of Transportation on June 1, 2023. 3. No additional structures that serve the use of the winery may be constructed without amending the Conditional Use Permit. Additional structures that solely serve the vineyard use on the site may be allowed through an Administrative Permit. 4. Plans shall be updated to show future locations of agricultural production on site to support the winery or a statement must be submitted to staff that indicates there is no planned expansion. 5. The applicant shall comply with the previous approvals and conditions as granted in Resolution 2020-21, as amended. 6. The applicant shall comply with the previous approvals and conditions as granted in 2021-14, as amended. 7. The applicant shall comply with the previous approvals and conditions as granted in 2022-07, as amended. 8. The applicant shall obtain all necessary permits prior to work on the site. 9. The applicant shall pay all fees and escrow costs related to the application. 12 | P a g e RECOMMENDATION Staff recommends the Planning Commission recommend approval of the attached resolution, with conditions as described above. Attachments A. Resolution 06-20-23-XX Approving the CUP Amendment B. Location Map C. Zoning Map of the Subject Property D. Unified Development Code 153.300.030 Subd. 1(P) E. Application F. Applicant’s Narrative G. Site Plan H. Landscape Plan I. SWMP Plans J. Watershed Comments, dated May 25, 2023 K. Permit 21-031, Carnelian-Marine-St. Croix Watershed District, revised May 25, 2023 L. MNDOT Comments, dated June 1, 2023 M. Washington County Comments, dated May 31, 2023 N. Washington Conservation District Comments, dated May 30, 2023 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 06-20-23-XX APPROVING CONDITIONAL USE PERMIT AMENDMENT FOR PARCELS 24.032.20.41.0001; 24.032.20.44.0002; AND 24.032.20.44.0001 LOCATED AT 20168 ST. CROIX TRAIL NORTH WHEREAS, Greg Sandager (the “applicant”) made an application to request a Conditional Use Permit Amendment to allow for an additional building as part of a winery use, located at 20168 St. Croix Trail North and the property is legally described as See Attachment A; and WHEREAS, a Conditional Use Permit to establish a craft winery/cidery on property at 20168 St. Croix Trail North was approved by the City Council on June 16, 2020 through Resolution 2020- 21; and WHEREAS, a Conditional Use Permit to establish a Rural Event Center on property at 20168 St. Croix Trail North was approved by the City Council on April 20, 2021 through Resolution 2021- 14; and WHEREAS, a Conditional Use Permit Amendment to amend Resolution 2021-14 to extend the expiration of the approvals granted by Resolution 2021-14 until January 18, 2027, was approved by the City Council on January 18, 2021 through Resolution 2022-07; and WHEREAS, the Planning Commission reviewed the request for the Conditional Use Permit (CUP) Amendment at a duly noticed Public Hearing on June 6, 2023, and recommended that the City Council _____ the CUP Amendment, with conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it approves of an Interim Use Permit to allow for livestock at a density greater than permitted, located at 16315 209th Street North, based on the following findings: 1. The existing use is in compliance with the Comprehensive Plan. The new pavilion structure is in compliance with the use and Comprehensive Plan. 2. The existing use is permitted within this zoning district through a conditional use permit. The new pavilion structure adds to this use, will promote and enhance the general public welfare, and will not be detrimental to or endanger the public health, safety, morals, or comfort. Reasonable conditions of approval can be added if the City Council finds issues with the proposed use. 3. The pavilion 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 pavilion is an expansion of the existing use and is located near the cluster of existing structures. 4. The proposed use will not impede development or improvement of surrounding properties. 5. The proposed use will use the existing access, no new curb cut or access drive will be needed. There are existing issues with the County and MnDOT that the applicant is working through. Comments from both entities are later in the staff report. The proposed use is serviced by a private well and septic and does not require an extension of city-owned public facilities. 6. The proposed use is consistent with the applicable regulations of the R-C District and is consistent with the requirements of the UDC. Any future structures on the site will be required to conform with the applicable regulations of the district and the Conditional Use Permit must be amended to allow for additional structures that are not agricultural buildings. Reasonable conditions of approval can be added if the City Council finds issues with the proposed use in relation to surface or groundwater contamination, excessive manure accumulation, odor, noise, and other potential nuisances. 7. This conditional use permit meets the general and specific performance standards of the UDC. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. The applicant shall comply with all local, state, and federal permits and requirements for the new uses on the parcel, including but not limited to: a. An approved permit from the local Watershed district for stormwater management, as required by the Watershed district. b. An approved plan from the Minnesota Department of Transportation for access off of Minnesota Highway 95. 2. The City may revoked the Conditional Use Permit for the site if all required permits are not granted and required work to comply with approvals from other local, state, and federal permits is not completed including, but not limited to: a. The improvements to stormwater management required by the Carnelian-Marine- St. Croix Watershed District approved through Permit 21-031, as revised, are not completed by 2024. b. The improvements to MN 95 are not completed by 2024, as indicated by the comments provided by the Minnesota Department of Transportation on June 1, 2023. 3. No additional structures that serve the use of the winery may be constructed without amending the Conditional Use Permit. Additional structures that solely serve the vineyard use on the site may be allowed through an Administrative Permit. 4. Plans shall be updated to show future locations of agricultural production on site to support the winery or a statement must be submitted to staff that indicates there is no planned expansion. 5. The applicant shall comply with the previous approvals and conditions as granted in Resolution 2020-21, as amended. 6. The applicant shall comply with the previous approvals and conditions as granted in 2021-14, as amended. 7. The applicant shall comply with the previous approvals and conditions as granted in 2022-07, as amended. 8. The applicant shall obtain all necessary permits prior to work on the site. 9. The applicant shall pay all fees and escrow costs related to the application. Whereupon, said Resolution is hereby declared adopted on this 20th day of June 2023. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator Attachment A Parcel Number: 24.032.20.41.0001 E1/2-SE1/4 S24T32R20 EXC: E 935FT OF THE S 1005FT OF SD E1/2 SUBJ TO CO RD #52 (FORMERLY HWY 97) ALG SLY LINE THEREOF & ALSO SUBJ TO 100FT EASE LYING NLY OF & ADJ TO NLY R/W LINE OF SD CO RD 52-SUBJ TO AG PRES REST COVENANT Parcel Number: 24.032.20.44.0002 PART El /2-SE1 /4 243220 BEING E 93 5F OF S 1005FT EXC E 485FT OF S 590FT SUBJ TO RD EASE -SUBJ TO AG PRESERVE RESTRICTIVE COVENANTS Parcel Number: 24.032.20.44.0001 PART E1/2-SE1/4 243220 BEING E 485 FT OF S 590 FT SUB TO EXISTING CO RD #52 FORMERLY TRUNK HWY #97 ALONG SLY LINE & SUB TO EASE SUBJ TO METRO AG PRESERVE RESTRICTIVE COVENANTS GVWX15 GVWX4 GVWX3 ?@A@95 ?@A@97 ST91 ST52ST50 Map Document: \\arcserver1\GIS\SCANDVAL_TW_MN\ESRI\Pro\Scandia_MN_Aerial\Scandia_MN_Aerial.aprx | Username: jenibr | Date Saved: 1/12/2023 2:29 PMSource: Washington County, MNDot 0 3,700 Feet City Limits Parcels !ILegend Aerial Map City of Scandia, Minnesota January 2023 Subject Property 1, 50 4.7 Legend Map Name 0 1,053 Feet This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Scandia is not responsible for any inaccuracies herein contained. Disclaimer: © Bolton & Menk, Inc - Web GIS 6/1/2023 7:24 PM Roads US Trunk Highway Minnesota Trunk Highway County Highway Local Roads Ramp City Limits Parks Shoreland Overlay PUD Overlay Lakes Mining Overlay Saint Croix River District Zoning Agricultural Core Agricultural Preserves Rural Residential General Village Neighborhood Rural Commercial Rural Residential Neighborhood Village Historic Core Village Center Industrial Park Scandia_2022.sid Red: Band_1 Green: Band_2 Blue: Band_3 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 153.300 page-12 a. The minimum lot size for Agritourism Uses is 5.0 acres. b. 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, unless otherwise conditioned by the City through the land use application process. Any on-site sewage treatment facilities needed must meet the Washington County SSTS Regulations. c. The Agritourism Use must be directly accessed from a public roadway. d. The Agritourism Use must provide on-site parking sufficient to handle all guest, staff, vendor, and owner vehicles. Facility parking is not permitted on public streets. e. Any sign used for the promotion or advertisement of the Agritourism Use must conform to the requirements and standards of the Base Zoning District where it is located, and any other applicable standards established in Section 153.400.040. f. The Agritourism Use must comply with all rules and regulations of Federal, State, County and Local Agencies. (D) Bed and Breakfasts. Bed and Breakfast facilities shall comply with all of the following requirements: I. It is intended that a Bed and Breakfast facility be a converted or a renovated single-family residence, and that the character and function of the principal structure for single-family use is maintained. No structure shall be constructed for the sole purpose of being utilized as a bed and breakfast facility, and no existing structure shall be enlarged or expanded for the purpose of providing additional rooms for guests. The exterior appearance of the structure shall not be altered from its single-family character. II. Primary entrance to the guest rooms shall be from within the single-family residence. III. Guests are limited to a length of stay of no more than thirty consecutive days. IV. No food preparation or cooking shall be conducted within any of the guest rooms. The only meal to be provided to guests shall be morning breakfast, and it shall only be served to guests taking lodging in the facility. V. Activities including luncheons, banquets, parties, weddings, meetings, charitable fund raising, commercial or advertising activities, or other gatherings for direct or indirect compensation, are prohibited at a bed and breakfast facility. VI. On-site parking must be provided consistent with Section [153.400.070]. (E) Brewery, Cidery, Winery or Micro Distillery. A brewery, cidery, winery or micro distillery are conditionally permitted within the Zoning Districts as identified in Table [153.300.020-2]. The following standards and regulations must be met. I. General Standards. a. A full plan set must be prepared by a licensed architect, or similarly qualified individual, consistent with the requirements identified in Section [153.500.050 and 153.500.060]. The submitted plans must include floor plans that clearly identify the activities proposed within each area of the facility. b. All parking must meet standards established in Section [153.400.070]. The required parking may be met on-site, or by a combination of on-site and on-street parking. The number of stalls required will be calculated based on the floor plans and any planned outdoor gathering areas. c. The proposed operation must be located on a public right-of-way, and access must be obtained from the applicable agency with jurisdiction of the road. Any required improvements to the roadway needed to support the operations will be the responsibility of the owner/operator. d. The proposed building, whether new or reuse of an existing structure, must meet the requirements and standards established in Section [153.400.040] of this UDC. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300 ALLOWED USES Adopted 09.20.2022, Amended 04.18.2023 (Ord No. 2023-03) 153.300 page-13 e. Outdoor activities, events, vineyard tours, gathering areas, etc., must be identified on the site plan and described within the narrative. f. The site must be supported by adequate utilities including, but not limited to, water supply and wastewater services. The operation must demonstrate that adequate services are on-site, or will be constructed, to serve the proposed use. If municipal services are available to the site, the proposed operations must hook up to the municipal supply. If private utility services are proposed, appropriate permitting must be obtained. g. A full operations plan must be submitted with the application to describe, at a minimum, the hours of operation, number of employees, traffic management plan, and site security plans. h. Agricultural production onsite to support the proposed brewery, cidery, winery or distillery must be incorporated in site plans, and described as part of the operations in the submitted narrative. i. Any proposed food service must be accessory to the proposed use as a brewery, cidery, winery or distillery unless a separate Conditional Use Permit is obtained for restaurant services. j. Sale of retail goods that support the business must be promotional and branded/directly applicable to the operations. k. Any additional uses will require a separate Conditional Use Permit, and such proposed use must be on the Table of Uses. II. Brewery or Cidery Standards. a. Any proposed brewery or cidery must comply with the standards established within Minnesota State Statutes for operations including on and off-sale standards, licensing, etc. b. If the proposed operations abut a residential use any building used as part of the business must double the required setback as identified in the Base Zoning District from any shared lot line. III. Winery Standards. a. Any proposed winery will be classified as a Farm Winery and must comply with the standards established within Minnesota Statute for operations including, but not limited to, on and off-sale standards, appropriate licensing, etc. b. If the proposed operations abut a residential use the setback of any part of the property used as part of the winery (including grapes, gathering areas, etc.) must double the required setback as identified in the Base Zoning District from any shared lot line. IV. Micro Distillery Standards. a. Any proposed Micro Distillery must meet and comply with the standards established by Minnesota State Statutes and licensing. b. Operations exceeding the Micro Distillery standard as established by the Minnesota State Statute are not permitted. c. Any proposed Micro Distillery must be served by municipal water and must be hooked up to the municipal system. (F) Cemeteries. Cemeteries must comply with all of the following standards: I. The minimum lot area is 5.0 acres, unless the cemetery is associated with a place of worship. II. The site proposed for a cemetery or cemetery expansion may not interfere with the development of a system of collector or larger streets in the vicinity of the cemetery site. III. Burial plots, grave markers, monuments, columbaria and buildings operated in connection with a cemetery must meet the building setbacks and structure height requirements of the Base Zoning District. Conditional Use Permit Amendment 5/6/23 Additional info as requested by Planner Hofer from letter dated 4/20/23 Subd. 1 (B) 11a.i Updated employee info: The number of employees on site will not change with the addition of the pavilion building. This building is replacing an airstream trailer that we were using since opening with a permanent structure, so the same number of employees will be on site at any given time, but this building will redistribute them to this building to replace the original trailer and move customer load from the tasting room as well. The hours of operation are unchanged. The current hours of operation are M-W 12-7pm, Th-Sunday 11am-8pm. There are typically 2-10 employees working on site during normal hours of operation, depending on customer traffic. Subd.2 (C) 1. a. Owner information The land is owned by Riverview Estates, LLC. 12693 Riverview Tr. Stillwater, MN 55082. This has been added to the plan set. d. Dates have been added to plan set. g. North point has been added to plan set. 11.Site Plan a. Lot Dimensions and Area: these have been added to site plan as a foot note. b. shown on site plan c. Setbacks are shown on site plan. The site plan excludes the northern end of the property as this is completely undeveloped. This was discussed with the planner and administrator in a meeting in March as the goal was to have the plan be at a scale that was usable. To include the north end on one page the scale would have to be too small to be usable. d. contours are shown on plan from Houston Engineering titled “Overall Plan View” e. parking lot counts are shown on site plan g. driveway access off of Hwy 95 is shown on site plan j. Lighting plan: a key has been added to footnotes on Site plan. Lighting was reviewed with original CUP. The same type of soffit light is used on pavilion building as was used on tasting room. i. i. Spec sheets for exterior lights is attached. They are a recessed LED can light mounted above the serving area of the pavilion bar. ii. Soffit lights are mounted at 11’ above ground level in the soffit of the pavilion. iii. Hours of illumination: the lights are illuminated from dusk until approximately a half hour after closing time of the winery iv. Photometric data: The lights are shielded by being recessed and do not project light out. n. The site plan shows the garbage and recycling area at the western edge of the property. It is screened from view by evergreen plantings o. The well and septic are shown on the site plan. Well was existing on the site and the water is tested annually by Washington Co. and proof of testing is provided annually to the Mn dept of Agriculture. The septic systems were installed in 2020 and 2022 and approved and inspected by Washington Co. III. Grading and Stormwater Drainage plan a. Contours are shown on plans submitted by Houston Engineering. Plan titled “Overall Plan View” C&i. Drainage calculations and direction of flow: I have included the entire Storm water management plan. The following clarification is from Greg Bowles at Houston Engineering regarding the questions raised by Planner Hofer: The SWMP has on page 1 (section 2) calculations of 0.525 acres for existing impervious surface and on page 2 (section 4) proposed impervious surface calculations of 4.124 acres. The new building surveyed added 0.03 acres to this, but it is small enough to not affect drainage calculations or flow patterns. The SWMP also has existing and proposed drainage maps on pdf page 9 and 10 that shows drainage patterns and flow direction. k. Landscape Plan: There was no disruption to existing plantings when the pavilion was built. The area was lawn before construction. ii.Planting schedule Qty Common Name Botanical Name Size Root Specifications 16 Black Hills Spruce Picea Glauca 8’ B&B 26 Autumn Blaze Maple Acer Freemanii 2” Container & B&B 5 Sugar Maple Acer Saccarium 1.5” Container 5 River Birch Betula Nigra #25 Container 45 Hydrangea Hydrangea #3 Container 5 White Pine Pinus Strobus 6’ B&B 180 Assorted Perennials #1 Container IV. Other plan and Information a. Legal Description Section 24 Township 032 Range 020 E1/2-SE1/4 S24T32R20 EXC: E 935FT OF THE S 1005FT OF SD E1/2 SUBJ TO CO RD #52 (FORMERLY HWY 97) ALG SLY LINE THEREOF & ALSO SUBJ TO 100FT EASE LYING NLY OF & ADJ TO NLY R/W LINE OF SD CO RD 52-SUBJ TO AG PRES REST COVENANT TO EXPIRE 02-21-2014) GGGUGEUGE15" HDPEWXW WX W WXW WX W WX W WXW WX W WXW WXW WXW WX W WX W WXW WXW WXW WXW WXW WXW WXWWXWWXWWXWSTSSTAPPROXIMATE BOUNDARY OF CROPSSTSCP# 7004281168.97514620.74ELEV. 985.77CP# 7005280910.95514543.02ELEV. 983.40STS998995990985 980 975 970 9 6 5 9 6 0 9 5 5 9 5 0 94 5 9 4 0 935 955960965970975980980975970STSSTSSTSSTSGENERAL NOTES:1.LIGHT-TRACKING CONSTRUCTIONEQUIPMENT SHOULD BE USEDFOR CONSTRUCTION OF ALLSTORMWATER BASINS.2.SOIL DECOMPACTION ISREQUIRED IN ALL DISTURBEDAREAS. DECOMPACT SOIL WITHA BACKHOE RIPPERATTACHMENT OR OTHERAPPROVED METHOD TO A DEPTHOF AT LEAST 18" BELOWSUBGRADE.H:\JBN\10900\10927\10927-0001\CAD\Plans\10927_BMP Plans rev.dwg-OVERALL PLAN VIEW-4/4/2023 2:58 PM-(adargay)ByDateRevisionNo.1 OF 6 PROJECT NO. 10927-0001SHEETScaleDrawn byDateChecked byKJLKMOVERALL PLAN VIEW4-01-2022RUSTIC ROOTS WINERY20168 ST. CROIX TRAIL NORTHSCANDIA, MNAS SHOWNFeetScale0N1206060HEI NO. 10927-0001NW BIO-FILTRATION BASINNORTH BIO-FILTRATION BASINNW INFILTRATION BASINSW STORMWATER MANAGEMENTSE BIO-FILTRATION BASINPROPOSED BUILDINGPROPOSED DRIVEPROPOSED PARKING LOTBORING 5BORING 6BORING 7BORING 8BORING 3BORING 4BORING 2BORING 1BORING 11BORING 10BORING 9BORING 12CAP DRAINTILE PIPERECENTLYCONSTRUCTEDBUILDING1ADDED RECENTLY CONSTRUCTED BUILDINGS04/04/2023APD1 1 TJ Hofer From:Tom Langer <tom.langer@cmscwd.org> Sent:Thursday, May 25, 2023 1:09 PM To:TJ Hofer; Greg Sandager Cc:Kyle Morell; Charles Fischer; Ryan Goodman; Mike Isensee; b.eklund@ci.scandia.mn.us; 'Carl Almer'; Wayne Sandberg; Jay Riggs Subject:RE: 20168 St. Croix Trail - Rustic Roots Grading permit Attachments:Pages from Rustic Roots SWMP 2-2-2022.pdf; 6a) 21-031 Amended Permit 5-25-23.pdf Hi TJ and Greg, Watershed has reviewed the updated site plan and can proceed with its prior permit approval with the understanding that amending the stormwater management plan at the time of the event center approval may be required. The current stormwater plans and drainage area is provides sufficient stormwater management for the ‘new’ building that wasn’t in our plans. Depending on the future development of the event center additional treatment may or may not be needed. Please see commenting from District Engineer’s review, “The attached drainage map shows that the event center and the east “recently constructed building” was previously identified in the stormwater management plan within the “Direct to Southeast” subwatershed (see Pages from Rustic Roots…). The approved plan included 14,710 SF of disconnected rooftop. The additional small (26’ x 56’) building not identified in the approved plans represents a 10% increase in impervious surface for this subwatershed. The overall stormwater management plan can accommodate this addition given the disconnected nature of the rooftop impervious, but if rate or volume control is no longer in compliance, then the Southwest Stormwater Facility could need to be expanded slightly with future approval of the event center to provide compliance with District Rules.” The only other item that was previously directed to the applicant was to revise the biofiltration media of the basins. The current biofiltration media in the plans is called out as 80/10/10 (sand/peat/compost), however, considering new research from the University of Minnesota, we require that mix to modified to 80/20 (sand/peat). I have attached an amended watershed permit with two new stipulations covering the mentioned items. Please let me know if there are any additional questions. Thank you, Tom Langer Riparian Permit Specialist | Carnelian Marine St. Croix Watershed District 11660 Myeron Rd North | Stillwater, MN 55082 Phone:  (651) 275-7452 | Cell: 507-276-8056  www.cmscwd.org CARNELIAN -MARINE -ST. CROIX WATERSHED DISTRICT PERMIT 21-031 Contact Information: Owner: Greg Sandager Applicant: Same as Owner Address: 20168 St. Croix Trl N , 55073 Address: Contact: greg.sandager@gmail.com Contact: Phone: 651-775-1475 Phone: Approval Status: Permission is hereby granted to amend the work propose d in application number CMSCWD 21-031 for Land Disturbance Plan for construction of a winery and associated buildings, parking, and stormwater BMPs, riparian to Clapp’s Stream at 20168 St Croix Trail N, Scandia a copy of which is attached, in accordance with the rules and Plan of the District; subject to the following provisions: Stipulations: 1. All work shall be in accordance with the approved design, plans, computations, and specifications on file with the Carnelian-Marine -St. Croix Watershed District and any stipulations identified in this permit. 2. Both the owner and applicant are responsible for all attorneys’ and engineers’ fees, costs or other expenses incurred by the District in enforcing the terms of the permit. This includes (but not limited to) pursuit of a court action to ensure practices are installed as approved by all parties in this executed permit. 3. Your permit is valid 2-years from the day of dated signature. You must seek permit renewal prior to your permit expiring by contacting the Permit Specialist (and/or District Administrator) at least 30 days prior to permit expiration. Permit renewals will be subject to additional fees as outlined in District Rule 1.13. 4. You are responsible for and must notify the Permit Specialist (and/or District Administrator) of any changes to contact information throughout your open permit period for both owner and applicant (phone, email, and address). 5. Any additional contact information for the responsible erosion control contractor/site manager must be provided to the Permit Specialist (and/or District Administrator) prior to initiating work. 6. Notify Permit Specialist (and/or District Administrator) after erosion control is installed but prior to start of construction. CARNELIAN -MARINE -ST. CROIX WATERSHED DISTRICT PERMIT 21-031 7.Any proposed changes to approved plans shall be submitted to the District for prior approval. Proposed changes include but are not limited alterations to impervious cover, stormwater management practices, buffers, landscaping, and erosion control, wetlands, and floodplains. Permit amendments are subject to additional fees as outlined in District Rule 1.13. 8.Applicant is responsible for obtaining all other required permits and approvals for construction of proposed project. 9.Install and maintain silt fence down-gradient from all proposed disturbed soil prior to start of any construction. 10.Upon approval by the District of the draft maintenance agreement and buffer declaration, the documents shall be executed and recorded at the County on the deed. Submit certified copies to the District within 60 days of notice of District approval of draft agreements. 11.Stabilization must be initiated immediately to limit soil erosion on any portion of the site when construction activity has permanently ceased or will not resume for a period exceeding fourteen (14) calendar days. Stabilization must be completed no later than fourteen (14) calendar days after the construction activity in that portion of the site has ceased. Stabilization must be completed no later than twenty-four (24) hours after the construction activity has ce ased in that portion of the site within two hundred (200) lineal feet of and draining to a wetland, waterbody, a discernable surface drainage feature or a stormwater system inlet. 12.Notify Permit Specialist (and/or District Administrator) after completion of work for final inspection and return of surety. 13.Applicant shall not alter or disturb the existing streambank of Clapp’s stream. 14.Amended Stipulations: Review and possible revising of the stormwater management plan is required prior to construction of the event center or any additional impervious surfaces. This is to ensure that the newly found building not previously permitted doesn't alter the rate and control requirements of the drainage area. Approved 5/25/2023 by CMSCWD staff and Engineer. 15.The current biofiltration media in the plans is called out as 80/10/10 (sand/peat/compost), however, considering new research from the University of Minnesota, we require that mix to modified to 80/20 (sand/peat). CARNELIAN -MARINE -ST. CROIX WATERSHED DISTRICT PERMIT 21-031 Findings: 1.Description – The proposed project includes construction of a winery along with associated buildings, parking, and stormwater BMPs at 20168 St. Croix Trail on three parcels totaling 78.65 acres. The property was previously used for row -crop agriculture with an existing gravel road and three buildings. This permit covers new improvements, including additional parking and an event center building, along with after-the -fact permitting for an additional paved drive, gravel parking lots, and several patios. In total, the improvements result in impervious surface area of 4.124 acres (5% of site), an increase from 0.525 acres (1% of site), with 3.904 acres of new/redeveloped impervious surface. Most of the parking areas drain north to Clapp’s Stream, a groundwater -dependent natural resource. The remainder of the site flow either to the east or southeast and eventually flows to Clapp’s Stream further downstream. 2. Stormwater Management – Stormwater management is provided by 3 bio -filtration basins, 1 infiltration basin, and 1 underground infiltration system with above -ground live storage. BMPs were modeled in hydroCAD to confirm compliance with CMSCWD rules. In previous discussions with the applicant, CMSCWD staff allowed disconnected roofs and patios to be modeled as disconnecte d impervious surface with treatment via runoff over pervious areas. Soil borings 10 and 11, taken in the footprint of the southwest stormwater management system (underground infiltration system) are inconclusive as the borings go down to a depth of 986-987, while the underground system extends down to a depth of 983. Borings suggest SM (sandy loam), but if poor soils are encountered, the BMP may need to be operated as a filtration system by uncapping the drain tile outlet. Pretreatment to BMPs is provided by 5’ minimum width grass filter strips. A declaration for maintenance of stormwater management facilities will also be required. Rate Control: Runoff rate is does not increase, as compared to the pre -winery condition, for the 2, 10, and 100-year storm at all points where runoff leaves the site except for the 2-year at the southeast discharge point where the runoff rate increases from 1.2 cfs to 1.3 cfs . Total runoff rate for the entire site is reduced for all storm events. Volume Control: Runoff volume is reduced, as compared to the pre -winery condition for the 2-year storm at all points where runoff leaves the site. Water Quality Volume: All stormwater BMPs either retain the entire 2-year storm (infiltration BMPs) or treat the entire 2-year storm through filtration (bio -filtration basin). Disconnected impervious areas not routed to stormwater BMPs are treated by runoff over long distances of pervious surface which allow for infiltration of stormwater into the soil and filtering of sediment through vegetation. Wetland Bounce/Inundation: There are no wetlands downstream of the site, all runoff flows to Clapp’s Stream. CARNELIAN -MARINE -ST. CROIX WATERSHED DISTRICT PERMIT 21-031 Basins draining to Groundwater -Dependent Resources: Since the site drains to Clapp’s Stream, all basins must infiltrate the entire 2-year storm if feasible. If infiltration is deemed infeasible the basin is acceptable as-is since it reduces runoff to non -erosive rates (<0.1 cfs for 2-year storm) and routes runoff through the soil and then over 40+ feet of vegetated surface to cool the runoff prior to discharge into the stream. 3. Erosion & Sediment Control – An erosion control plan has been provided and includes silt fence and bio-rolls around all stormwater facilities, a rock construction entrance, double line of silt fence bordering Clapp’s Stream, erosion control blanketing on steep slopes, revegetation details, and construction sequencing. 4. Buffers – Given no variance from shoreline setback or percent impervious, the buffer rule does not apply. 5. Floodplain – Low floor/low entry elevation for buildings must comply with District freeboard requirements (i.e., low -entry must be 1-ft above the overflow elevation of the proposed BMPs and 2-ft above BMP high-water levels). However, the event center building is t he only one located near a BMP and the BMP outlet pipe routes stormwater past the structure. 6. Wetlands – Not applicable. There are no wetlands on site. The Board reserves the right to review and revise these special provisions as circumstances may require. This permit may be suspended for failure to comply with the above stated provisions. Notification to the Board is required upon project completion. Please reference the above permit number. Accepted by Owner ________________________ Accepted by Applicant ________________________ (if different than Owner) Approved Date ______________________ ____________________ Riparian Specialist Carnelian-Marine -St. Croix Watershed District 10/17/22 Amended Approval with added Stipulations (#14 & 15) on 5/25/2023. 1 TJ Hofer From:Kratz, David (DOT) <David.Kratz@state.mn.us> Sent:Thursday, June 1, 2023 11:21 AM To:TJ Hofer Cc:Sherman, Tod (DOT); Tomasevich, Dmitry (DOT) Subject:RE: Rustic Roots - CUP Amendment (PID 240322041001, 2403220440002, 2403220440001) Attachments:localgovguide.pdf Hi TJ, Thank you for the follow up information clarifying the applicant’s proposal to amend the existing conditional use permit for Rustic Roots to add an unapproved existing building as well as address incomplete conditions on previous approvals. MnDOT was not aware of the new Pavilion building constructed in 2022. MnDOT has worked with the City and applicant to resolve concerns associated with: the Tasting Room (This proposal though was not submitted to MnDOT for review), occasional events at the winery that have been approved by the City, and the unpermitted access on to Hwy 95. Although MnDOT’s preference was for access to be obtained from the county road, through coordination we came to a concept agreement for Hwy 95 right turn lane/bypass/private access modifications associated with the new Rustic Roots access to be approved by MnDOT and constructed by the applicant. A 60% plan has been submitted to MnDOT and is gathering comments. As part of the conditions for approval in Resolution 2020-21, we suggest the following state permit condition: · The applicant must modify their driveway access on MN 95 to meet MnDOT’s access permit requirements before 2024. The current MN 95 driveway is an illegal access. This will require MnDOT plan approval and driveway access permit approval for construction to occur in 2023. We would like to understand what contingencies the City will provide with the amendment to the existing conditional use permit. With the list of contingencies should be a provision that improvements will be constructed/complete in 2023 to MnDOT approved standards. MnDOT would like to be included in future reviews associated with new development on the site or expansion in the number of events. Attached is our Local Government Guide which includes submittal requirements. Feel free to call, David David Kratz | 651-234-7792 Principal Planner (mobility) | MnDOT D8 From: TJ Hofer <tj.hofer@bolton-menk.com> Sent: Wednesday, May 31, 2023 10:28 AM To: Tomasevich, Dmitry (DOT) <dmitry.tomasevich@state.mn.us> Cc: Kratz, David (DOT) <David.Kratz@state.mn.us> Subject: RE: Rustic Roots - CUP Amendment (PID 240322041001, 2403220440002, 2403220440001) Dmitry, 2 Here is some more information to help inform MNDOT’s working group on this: On April 15, 2022, former City Administrator Cammilleri approved a request to construct an agricultural building (pavilion) based on a picture of a site plan sent to the City by the applicant. Building code states that agricultural buildings do not require a building permit to be constructed, but also sets definitions for what constitutes an agricultural building. This building was constructed in 2022. Sometime after it was constructed the applicant requested a final inspection of the plumbing for the purposes of fulfilling the State of Minnesota licensing requirements. At this point, the Building Official informed City Staff that no permits were on file for the building and that no inspection could be made. The City Assessor also informed staff that he had discovered the newly completed building this fall while making his regular rounds to review Scandia properties. The building is approximately 25 feet by 56 feet in size and contains a concession/ bar area, coolers, a retail space/ gift shop, and restrooms accessible to the public. These uses of the building are outside the scope of what is allowed for an “agricultural building” in both the UDC, the previous zoning code, and the building code. During this time staff reviewed past CUP and IUP approvals and found several conditions of approval that were never addressed. The City’s records do not include a site plan or a grading and erosion control plan, both of which should have been required before a certificate of occupancy was issued for the site. The staff report from the June 8, 2020, City Council meeting where Resolution No. 2020-21 was approved includes an image of a site plan but the plan itself was not on file and the conditions of approval included, “A City approved final Site Plan prepared by a Registered Engineer showing detailed parking lot design and lighting.” The Event Center was approved through a separate Conditional Use Permit in 2021. This CUP would have expired after one year, but was amended in 2022 to be given an extension on this expiration to 2027. Concurrently with this amendment, an Interim Use Permit was approved to allow for a large tent on the site to 3 be used to host events. To my knowledge the tent is still in place and is being used this year to host weddings. The City has not received any indication when the Event Center is going to be built. Let me know if you need anything else or clarification on anything. Thanks, T.J. Hofer Planner Bolton & Menk, Inc. Mobile: 612-271-6984 Bolton-Menk.com From: Tomasevich, Dmitry (DOT) <dmitry.tomasevich@state.mn.us> Sent: Tuesday, May 30, 2023 8:35 AM To: TJ Hofer <tj.hofer@bolton-menk.com> Cc: Kratz, David (DOT) <David.Kratz@state.mn.us> Subject: RE: Rustic Roots - CUP Amendment (PID 240322041001, 2403220440002, 2403220440001) TJ, We do have a comment to make, related to assurances of meeting the access concerns previously discussed. I’ll check in with our planner who is the lead on this. We will be sure to get a response by the 31st. Thanks, Dmitry From: TJ Hofer <tj.hofer@bolton-menk.com> Sent: Friday, May 26, 2023 11:52 AM To: Tomasevich, Dmitry (DOT) <dmitry.tomasevich@state.mn.us> Subject: FW: Rustic Roots - CUP Amendment (PID 240322041001, 2403220440002, 2403220440001) Dmitry, I wanted to check in on MNDOT’s comment on this application. Based on conversations with the applicant I believe he is working with someone from MNDOT to construct turn lanes on MN 95. I know access on this site has been a concern in the past, so I want to make sure I have the information regarding that for my staff report. Thank you, T.J. Hofer Planner Bolton & Menk, Inc. Mobile: 612-271-6984 Bolton-Menk.com This message may be from an external email source. Do not select links or open attachments unless verified. Report all suspicious emails to Minnesota IT Services Security Operations Center. 4 From: TJ Hofer Sent: Tuesday, May 16, 2023 11:07 AM To: TJ Hofer <tj.hofer@bolton-menk.com> Cc: Kyle Morell <k.morell@ci.scandia.mn.us>; Ryan Goodman <Ryan.Goodman@bolton-menk.com>; Charles Fischer (c.fischer@ci.scandia.mn.us) <c.fischer@ci.scandia.mn.us>; b.eklund <b.eklund@ci.scandia.mn.us>; Tom Langer <tom.langer@cmscwd.org>; Daniel Elder <Daniel.Elder@co.washington.mn.us>; Jay Riggs <JRiggs@mnwcd.org>; Tomasevich, Dmitry (DOT) <dmitry.tomasevich@state.mn.us>; Scollan, Daniel (DNR) <daniel.scollan@state.mn.us>; Ronald Alwin <Ron.Alwin@bolton-menk.com>; Wayne Sandberg <Wayne.Sandberg@co.washington.mn.us> Subject: Rustic Roots - CUP Amendment (PID 240322041001, 2403220440002, 2403220440001) All, Please find attached the submittal materials for a Conditional Use Permit Amendment for PIDs 240322041001, 2403220440002, 2403220440001 in Scandia, MN. The application proposes to amend the existing conditional use permit for Rustic Roots to add an unapproved existing building as well as address incomplete conditions on previous approvals. The site currently has main access from MN 95/St. Croix Trail North and additional access from Oakhill Road North/County Road 52. If you have any issues accessing the attachments, please let me know. Please provide any comments by May 31, 2023, to be included in the staff report for the Planning Commission. Thank you, T.J. Hofer he/him Planner Bolton & Menk, Inc. 3507 High Point Drive North Bldg. 1 Suite E130 Oakdale, MN 55128 Phone: 651-704-9970 ext. 3189 Mobile: 612-271-6984 Bolton-Menk.com PUBLIC WORKS Wayne Sandberg, P.E., Director, County Engineer Frank D. Ticknor, P.E., Deputy Director May 31, 2023 T.J. Hofer Planner City of Scandia 14727 209th St N Scandia, MN 55073 Comments on Rustic Roots Winery – Conditional Use Permit Amendment Dear Mr. Hofer, Thank you for the opportunity to review and comment on the conditional use permit amendment for Rustic Roots Winery, located along County Road 52 and Minnesota Trunk Highway (TH) 95. Our development review team has reviewed the application and offers the following comments. Washington County shares MnDOT’s concern regarding the safety of the existing access point located off TH 95 due to the lack of dedicated turn lanes along TH 95. We understand that MnDOT’s position is that the current access to TH 95 was authorized only as an agricultural field access but is currently being utilized as a commercial entrance for visitors to the Rustic Roots site, beyond what was permitted by MnDOT. If the applicant wishes to continue to have the access point located on TH 95, a right and left turn lane into the site should be required as a condition of the conditional use permit. If the City is recommending approval of the application with the TH 95 access point, it is recommended that the City require the developer to construct turn lanes or provide escrow for the construction of turn lanes into the site. The access and turn lanes would need to go through the MnDOT review and approval process. The nearby intersection of County Road 52 and TH 95 has an existing northbound bypass lane but is a candidate for the construction of a dedicated left turn lane for improved safety. It is possible that the construction of turn lanes for the Rustic Roots site could, for cost savings, be combined with a project to construct a dedicated left turn lane to replace the current bypass lane. At this time, no such project is programmed. If such a project were to be approved, a city cost contribution would be expected for any extension of such a project to include additional turn lanes for the Rustic Roots access. Thank you again for the opportunity to provide comments on the conditional use permit amendment for Rustic Roots Winery. We look forward to continuing to work with the City of Scandia to ensure that development in this area is successful and well-served by the transportation network. If you have any questions, please get in touch with me at 651-430-4307 or daniel.elder@co.washington.mn.us Sincerely, Daniel Elder Planner II A great place to live, work and play…today and tomorrow Government Center | 14949 62nd Street North | P. O. Box 6 | Stillwater, MN 55082-0006 P: 651-430-6001 | F: 651-430-6017 | TTY: 651-430-6246 www.co.washington.mn.us Washington County is an equal opportunity organization and employer Cc (email only): Wayne Sandberg, Public Works Director/County Engineer Frank Ticknor, Deputy Director Public Works Lyssa Leitner, Public Works Planning Director Joe Gustafson, Traffic Engineer Kevin Peterson, Design Engineer 1 TJ Hofer From:Jay Riggs <JRiggs@mnwcd.org> Sent:Tuesday, May 30, 2023 6:09 AM To:TJ Hofer Cc:Kyle Morell; Ryan Goodman; Charles Fischer (c.fischer@ci.scandia.mn.us); b.eklund; Tom Langer; Daniel Elder; Tomasevich, Dmitry (DOT); Scollan, Daniel (DNR); Wayne Sandberg Subject:RE: Rustic Roots - CUP Amendment (PID 240322041001, 2403220440002, 2403220440001) No WCA comments. Jay Riggs, District Manager Washington Conservation District Mobile: 651.587.6622 www.mnwcd.org -------- Original message -------- From: TJ Hofer <tj.hofer@bolton-menk.com> Date: 5/26/23 13:42 (GMT-06:00) To: TJ Hofer <tj.hofer@bolton-menk.com> Cc: Kyle Morell <k.morell@ci.scandia.mn.us>, Ryan Goodman <Ryan.Goodman@bolton-menk.com>, "Charles Fischer (c.fischer@ci.scandia.mn.us)" <c.fischer@ci.scandia.mn.us>, "b.eklund" <b.eklund@ci.scandia.mn.us>, Tom Langer <tom.langer@cmscwd.org>, Daniel Elder <Daniel.Elder@co.washington.mn.us>, Jay Riggs <JRiggs@mnwcd.org>, "Tomasevich, Dmitry (DOT)" <dmitry.tomasevich@state.mn.us>, "Scollan, Daniel (DNR)" <daniel.scollan@state.mn.us>, Wayne Sandberg <Wayne.Sandberg@co.washington.mn.us> Subject: RE: Rustic Roots - CUP Amendment (PID 240322041001, 2403220440002, 2403220440001) All, This is a reminder that comments regarding the Conditional Use Permit Amendment for the Rustic Roots in Scandia must be provided by May 31, 2023. No comments have been received at this point. Enjoy your Memorial Day weekend. Thank you, T.J. Hofer Planner Bolton & Menk, Inc. Mobile: 612-271-6984 Bolton-Menk.com From: TJ Hofer Sent: Tuesday, May 16, 2023 11:07 AM To: TJ Hofer <tj.hofer@bolton-menk.com> Cc: Kyle Morell <k.morell@ci.scandia.mn.us>; Ryan Goodman <Ryan.Goodman@bolton-menk.com>; Charles Fischer (c.fischer@ci.scandia.mn.us) <c.fischer@ci.scandia.mn.us>; b.eklund <b.eklund@ci.scandia.mn.us>; Tom Langer <tom.langer@cmscwd.org>; Daniel Elder <Daniel.Elder@co.washington.mn.us>; Jay Riggs <JRiggs@mnwcd.org>; 2 Tomasevich, Dmitry (DOT) <dmitry.tomasevich@state.mn.us>; Scollan, Daniel (DNR) <daniel.scollan@state.mn.us>; Ronald Alwin <Ron.Alwin@bolton-menk.com>; Wayne Sandberg <Wayne.Sandberg@co.washington.mn.us> Subject: Rustic Roots - CUP Amendment (PID 240322041001, 2403220440002, 2403220440001) All, Please find attached the submittal materials for a Conditional Use Permit Amendment for PIDs 240322041001, 2403220440002, 2403220440001 in Scandia, MN. The application proposes to amend the existing conditional use permit for Rustic Roots to add an unapproved existing building as well as address incomplete conditions on previous approvals. The site currently has main access from MN 95/St. Croix Trail North and additional access from Oakhill Road North/County Road 52. If you have any issues accessing the attachments, please let me know. Please provide any comments by May 31, 2023, to be included in the staff report for the Planning Commission. Thank you, T.J. Hofer he/him Planner Bolton & Menk, Inc. 3507 High Point Drive North Bldg. 1 Suite E130 Oakdale, MN 55128 Phone: 651-704-9970 ext. 3189 Mobile: 612-271-6984 Bolton-Menk.com