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HomeMy WebLinkAbout10/11/2023 P&Z Combined Packet CITY OF LINO LAKES PLANNING & ZONING BOARD MEETING Wednesday, October 11, 2023 6:30 p.m. Council Chambers Please be courteous and turn off all electronic devices during the meeting. AGENDA 1. CALL TO ORDER AND ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES: September 13, 2023 5. OPEN MIKE 6. ACTION ITEMS A. PUBLIC HEARING: Conditional Use Permit for Agritourism at 1415 Ash Street (Kavan Christmas Tree Farm) 7. DISCUSSION ITEMS A. Project Updates 8. ADJOURN Meeting guidelines on reverse side. City of Lino Lakes Planning & Zoning Board MEETING GUIDELINES Open Mike – The purpose of a Board Meeting is to accomplish the business of the city. When presenting at a meeting please remember to be respectful and follow these guidelines: • Please address the meeting chair. • State your name and address for the record. • Please observe a 4-minute limit. • The topic must relate to city business. • Open Mike is for items not on the agenda. • A spokesperson must represent a group of five or more – groups will have 8 minutes. • The Presiding Officer may limit duplicative presentations. • Remember, the meeting is to discuss city business only. Public Hearing – Held as a separate item of business on the agenda. The public hearing segment is your opportunity to tell the Board how you feel about issues scheduled to be heard. Typically, a hearing follows these steps: • The Presiding Officer (Chair or Vice-Chair) will announce the proposal to be reviewed and ask for the staff report. The presiding Officer shall maintain strict order and etiquette at all meetings. • Staff will present their report on the proposal. • Board members will then ask City Staff questions about the proposal. • The Presiding Officer will then open up the public hearing for anyone present who wishes to comment on the proposal. This is the time for the public to make comments or ask questions about the proposal. Comments should be limited to four (4) minutes unless further time is granted by the Presiding Officer. All comments should be directed to the Board as a body and not to any individual Board Member or City Staff Member unless permission is granted by the Presiding Officer. No person shall be permitted to enter into any discussion, either directly or through a member of the Board without the permission of the Presiding Officer. • After everyone in the audience wishing to speak has given his/her comments, the Presiding Officer shall close the public hearing. • The Board will then discuss the proposal. No further public comments are allowed. • The Board will then make a recommendation(s) and/or a decision. When you are called upon for your comments, please step to the microphone at the podium and state your name and address for the record. Occasionally, the Board may continue a hearing to another meeting before taking action. Meeting Etiquette The Planning & Zoning Board must preserve order and decorum while the meeting is in session. A resident shall not, by conversation or otherwise, delay or interrupt the proceedings or the business of the Board, nor disturb any resident or Board Member while speaking or refuse to obey the orders of the Board. DRAFT MINUTES CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES 1. CALL TO ORDER AND ROLL CALL Chair Root called the Lino Lakes Planning & Zoning Board meeting to order at 6:30 p.m. on September 13, 2023. 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA The agenda was approved as presented. 4. APPROVAL OF MINUTES Mr. Vojtech moved to approve the August 9, 2023 meeting minutes. Motion seconded by Mr. Kohler. Motion carried 7 – 0. 5. OPEN MIKE Mr. Root declared open mike at 6:32 p.m. There were no public comments. Mr. Vojtech moved to close open mike. Motion seconded by Mr. Laden. Open mike was closed at 6:32 p.m. DATE: September 13, 2023 TIME STARTED: 6:30 P.M. TIME ENDED: 9:18 P.M. MEMBERS PRESENT: Isaac Wipperfurth, Nathan Vojtech, SaraJo Stewart, Michael Root, Perry Laden, Neil Evenson, Patrick Kohler MEMBERS ABSENT: None STAFF PRESENT: Katie Larsen, Diane Hankee, Julie Whitney Planning & Zoning Board September 13, 2023 Page 2 DRAFT MINUTES 6. ACTION ITEMS A. PUBLIC HEARING: Zoning Ordinance Text Amendment – Synthetic Grass Ms. Larsen presented the staff report. The applicant, Troy Johnson of ForeverLawn Minnesota Inc., submitted a Land Use Application on behalf of Jon Lipinski, 75 Robinson Drive, for a Zoning Ordinance Text Amendment to allow synthetic grass/artificial turf as an approved ground cover. The Board discussed their concerns which were limited use vs. full use, placement of the synthetic grass in an easement, installation requirements, grass temperature, what kind of infill is used, maintaining the artificial grass and addressing micro plastics. Mr. Root also wanted more research on the reduction of the carbon footprint. Mr. Troy Johnson, who is the owner of ForeverLawn, discussed the company and the benefits of the product and answered Board questions. Mr. Jon Lipinski, who resides at 75 Robinson Drive, indicated he was an environmental engineer and passed out product information. Mr. Root opened the public hearing at 7:56 p.m. Mr. Felipe Illescas with the MN Nursery & Landscape Association was in attendance and was speaking on behalf of the applicant. Mr. Wipperfurth moved to close the public hearing. Motion seconded by Mr. Evenson. The public hearing was closed at 7:58 p.m. In conclusion, the Board was in favor of a limited use of synthetic grass with conditions but did not express support for the level of use that was requested by the homeowner. Mr. Laden moved to deny the Zoning Ordinance Text Amendment subject to conditions listed in the staff report. Motion seconded by Mr. Evenson. Motion carried 7-0. B. PUBLIC HEARING: Conditional Use Permit for Outdoor Storage at 2300 Main Street (Glamos Wire, Inc.) Ms. Larsen presented the staff report. The applicant, Steve Tomas of Tomas Companies/Glamos Wire, Inc., submitted a Land Use Application for a Conditional Use Permit (CUP) Amendment for Outdoor Storage at their facility located at 2300 Main Street. Planning & Zoning Board September 13, 2023 Page 3 DRAFT MINUTES The Board discussed the height of the fence on each side and the possibility of waiving the requirement of shrubs and landscaping on the south and east lot lines. The applicant, Mr. Tomas, was unable to attend and in his place was Mr. Brent Johnson, who is an Engineer with Bolton and Menk. He received questions from the Board and also added that they received approval today with Rice Creek Watershed District for a watershed permit. Mr. Root opened the public hearing at 8:51 p.m. There were no public comments. Mr. Laden moved to close the public hearing. Motion seconded by Mr. Vojtech. The public hearing was closed at 8:52 p.m. Mr. Evenson moved to approve the conditional use permit amendment subject to the conditions listed in the staff report. Motion seconded by Mr. Laden. Motion carried 7-0. C. PUBLIC HEARING: Zoning Ordinance Text Amendment-General Updates Ms. Larsen presented the staff report. Ordinance No. 08-22 amending City Code Chapter 1007: Zoning Code was adopted in November 2022 and went into effect in January 2023. When administering a new zoning code, it is not uncommon to find language that needs to be amended or typos that need to be corrected. Ms. Larsen addressed those changes. Mr. Laden requested the pitch restriction for residential homes be removed from the ordinance. Mr. Root opened the public hearing at 9:15 p.m. There were no public comments. Mr. Wipperfurth moved to close the public hearing. Motion seconded by Mr. Vojtech. The public hearing was closed at 9:15 p.m. Mr. Vojtech moved to approve the updates to the zoning ordinance subject to the conditions listed in the staff report. Motion was seconded by Mr. Evenson. Mr. Laden commented that he would like the removal of the 4-12 pitch requirement to the motion. Mr. Vojtech then withdrew his motion to allow this change. Mr. Laden motioned to approve the zoning ordinance text amendment with the elimination of the 4-12 pitch Planning & Zoning Board September 13, 2023 Page 4 DRAFT MINUTES requirement for residential homes. Motion was seconded by Mr. Wipperfurth. Motion carried 7-0. 7. DISCUSSION ITEMS A. Project Updates Staff provided an update on projects. Mr. Evenson moved to adjourn the meeting. Motion seconded by Mr. Laden. Meeting adjourned at 9:18 p.m. Respectfully submitted, Julie Whitney – Community Development Administrative Assistant 1 PLANNING & ZONING BOARD AGENDA ITEM 6A STAFF ORIGINATOR: Katie Larsen, City Planner P & Z MEETING DATE: October 11, 2023 REQUEST: PUBLIC HEARING: Conditional Use Permit for Agritourism at 1415 Ash Street (Kavan Christmas Tree Farm) CASE NUMBER: CU2023-005 APPLICANT: Stephen L. Kavan 3 Goldfinch Lane North Oaks, MN 55127 OWNER: Same REVIEW DEADLINE: Complete Application Date: September 18, 2023 60-Day Review Deadline: November 17, 2023 120-Day Review Deadline: January 16, 2024 Environmental Board Meeting: September 27, 2023 Park Board Meeting: N/A Planning & Zoning Board Meeting: October 11, 2023 Tentative City Council Work Session: November 6, 2023 Tentative City Council Meeting: November 13, 2023 BACKGROUND The applicant, Stephen Kavan, submitted a Land Use Application for a Conditional Use Permit (CUP) for Agritourism to operate Kavan Christmas Tree Farm on their property located at 1415 Ash Street. This staff report is based on the following information: • Applicant Narrative received on September 13, 2023 • Barn Schematics • Wetland Delineation Report prepared by Kjolhaug Environmental Services Company, Inc. 2 • MN Wetland Conservation Act Notice of Decision dated June 28, 2023 • Certificate of Survey prepared by EG Rud & Sons, Inc. dated September 13, 2023 • Site Plan Exhibit prepared by EG Rud & Sons, Inc. dated September 13, 2023 • Site Plan Exhibit with Labels prepared by EG Rud & Sons, Inc. dated September 13, 2023 • Recommendations for Surfacing of Drive and Parking Areas prepared by MJC Engineering LLC dated August 1, 2023 • Cost Estimates • Traffic Study prepared by S2 Traffic Solutions dated July 17, 2023 • Monument Sign Detail and Location Map • Certificate of Survey prepared by EG Rud & Sons, Inc. dated September 13, 2023 • Grading, Drainage, and Erosion Control Plan prepared by EG Rud & Sons, Inc. dated September 7, 2023 ANALYSIS Background Per the applicant’s narrative, the Kavan family purchased the property in 2018 with the intent to operate a cut-your-own Christmas tree farm. The farm will also offer pre-cut trees from other off-site locations as well as wreathes, tree stands and tree disposal bags. The farm may have the following free features: small playground structure or hay bales for kids to play on while their parents are checking out, and props for family photos such as benches, stand-in boards, antique tractor or truck. The farm will be open on weekends and holidays during daylight hours, generally from 9am-4:30pm starting the weekend before Thanksgiving through mid-December. There may be some weekday operations. See attached Applicant’s Narrative for more detailed background. Zoning The property is zoned R, Rural. Agriculture, gardening, and sod farming are permitted uses. Agritourism to operate a commercial tree farm is allowed with an approved conditional use permit. AGRITOURISM. Includes any commercial enterprise that links agricultural production and/or processing with tourism in order to attract visitors onto a farm, ranch, or other agricultural business for the purposes of entertaining and/or educating. Surrounding Zoning and Land Use Direction Zoning Current Land Use Future Land Use North R, Rural Agricultural Urban Reserve South R, Rural Agricultural & Rural Residential Low Density Sewered Residential 3 East R, Rural Agricultural & Rural Residential Low Density Sewered Residential West R, Rural Agricultural Low Density Sewered Residential Site and Building Plan The site is approximately 40 acres and is an active tree farm with deciduous woodland. Wetlands and floodplain exist generally on the western half of site. The topography slopes from an elevation of 906-ft MSL down to a low of 900-ft MSL. Surrounding land use consists of cultivated fields, single-family homes, and wetlands. The applicant’s site plan shows a 40’x 48’ (1,920 sf) agricultural building with 15,000sf seasonal parking area and Class 5 gravel driveway in the southeast quadrant of the site. Metal buildings and pole barns are allowed as agricultural buildings on parcels greater than 5 acres. See attached Barn Schematics. Agricultural buildings are not subject to zoning ordinance building design standards. Per the MJC Engineering LLC memo, the seasonal parking area will be covered with a grass reinforcement mesh such as GrassProtecta to protect against erosion. Access to the site is via a private driveway easement over 1443 Ash Street. Arborvitae and white pine plantings are proposed along the private driveway as well as near the north lot line of 6097 Ash Street. Outdoor Lighting Outdoor lighting is not proposed. Any future outdoor lighting for either the building or outdoor areas shall meet City code performance standards. A lighting plan and details shall be submitted to City staff for review and approval prior to installation. Off-Street Parking Requirements City Code Section 1007.044 Off-Street Parking does not address parking requirements for seasonal agricultural uses. Staff estimates the proposed 15,000sf parking area can accommodate approximately 30 parking spaces. Per the Traffic Study, peak traffic is estimated at 65 customers per hour. Per the applicant’s narrative, they may use a reservation system if necessary to limit the number of customers during the busiest times. Any additional overflow parking shall meet the 50ft setback as required per City Code Section 1007.059 and shall be at least 10ft from the wetland west of the parking area. City Code Section 1007.044(3)(h)8 requires an Emergency Vehicle Access with a minimum 20 foot wide driveway base for business uses. The site plan provides a 20ft Class 5 gravel driveway from Ash Street to the parking area; however, the Fire Division requires a fire apparatus road to extend within 150ft of all portions of the building. The site plan shall be revised. 4 Grading Plan and Stormwater Management Stormwater management for the tree farm proposes to have the driveway and building areas as the only impervious surfaces for the site. The remaining areas, including the parking area (Grassprotecta), are proposed to remain as pervious surfaces. Drainage for the lot will continue to flow from east to west across the site to Cedar Lake. The gravel driveway and agricultural building create approximately 7,000sf impervious surface. The entire site is 39.87 acre. Stormwater ponds are not required if the impervious surface is less than 10,000sf. Public Utilities Public utilities are not required for the tree farm operations. Landscape Plan Landscaping standards will not apply to this agricultural use. The proposed plan does include ample coniferous trees to screen the site from the property to the south and to screen the driveway. Sod and Ground Cover Standards The Turf Establishment Plan calls for Mn DOT 25-131, a low maintenance, drought tolerant turf grass over the parking lot and any other disturbed areas. The seed will be installed under a GRASSPROTECTA reinforcement mesh to minimize rutting and wear to the grass. Category 2 wood fiber blanket is specified in the Grading, Drainage, and Erosion Control Plan. This must be updated to reflect the current Mn DOT category number with a note that the City requires natural net erosion blanket. Signage One 4ft x 3ft (12sf) ground sign is proposed south of the driveway near CSAH 32/CR J (Ash Street). The sign is proposed within the private driveway easement. Technically, the sign would be considered an off-premise sign and not allowed; however, staff would support the sign as a condition of the Conditional Use Permit. The easement owners need to formally amend the existing easement or draft and record and new document to allow for the sign. The easement shall clearly detail who is responsible for maintenance and removal of the sign. A sign permit application would be required using the site plan to show the exact location of the sign. Per City Code Chapter 1010, a ground sign for non-residential uses in a R, Rural zoning district may only be 8ft in height. The sign shall not be located in the Ash Street right-of-way or within the vision triangle. 5 Impervious Surface Coverage Rurally zoned parcels do not have a Maximum Impervious Surface Coverage requirement. The gravel driveway and agricultural building create approximately 7,000sf impervious surface. The entire site is 39.87 acre. Traffic Study CSAH 32/CR J (Ash Street) is an A-Minor Expander Arterial road. A Traffic Study was prepared by S2 Traffic Solutions. The study notes 2022 MNDOT traffic counts on Ash Street carries 5,122 vehicles per day. Peak hour traffic was assumed as 12% of daily volume or 615 vehicles. The estimated peak hour traffic associated for just the Christmas Tree farm is 65 customers per hour or 130 trips. Per the study, the Level of Service on Ash Street will continue to operate at a Level A with the worst movement, southbound left operating at a Level B. Sight distance was also analyzed and the driveway was determined to have adequate distance to provide safe operations. Turn lanes were also analyzed and determined not to be needed for either northbound or southbound traffic. Anoka County Highway Department reviewed the land use application. In lieu of turn lanes, portable changeable message signs (CMS) will need to be installed in both directions prior to the opening of the farm each year. The signs shall be active at all times while the farm is in operation and open to the public. Environmental Review An environmental assessment worksheet is not required for an agricultural Christmas tree farm. Wetlands There is one 5,091 sf wetland delineated west of the parking area. This wetland is a farmed, seasonally flooded depression dominated by reed canary grass. No impacts are proposed to this wetland. There are also larger wetland areas on the west of the parcel that are associated with Cedar Lake. There are no impacts to these wetlands proposed with this project. No drainage & utility easements, conservation easements, or wetland buffers are required in relation to the agritourism-tree farm use. Shoreland District 6 Portions of the parcel are located in the Shoreland District of both Cedar Lake (OHWL = 892.9) and Wilkinson Lake (OHWL = 895.2). The required structure setback from the OHWL is 150 feet for both lakes. The agricultural building is setback over 600ft from the Cedar Lake OHWL and over 1200ft from the Wilkinson Lake OHWL. There are no shoreland impacts related to the project. Floodplain There is FEMA floodplain Zone A on west half of the parcel. No floodplain impacts are proposed. Minor Subdivision As seen on the Certificate of Survey, the property at 6097 Ash Street has encroachments (play house, porch, deck) onto the subject site. Under a separate Land Use Application for a Minor Subdivision, the applicant is going to deed approximately 6,500sf to 6097 Ash Street. This application will be reviewed separately at staff level. Additional City and Government Agency Review Comments Anoka County Highway Department Per Anoka County Highway Department memo dated September 27, 2023: • Portable changeable message signs (CMS) will need to be installed in both directions prior to the opening of the farm each year. The signs shall be active at all times while the farm is in operation and open to the public. • No plantings or private signs will be permitted within the county right of way and care must be exercised when locating private signs, building, structures, plantings, berms, etc. outside of the county right of way, so as not to create any new sight obstructions for this section of CSAH 32. • A Permit for work within the County Right of Way must be obtained prior to the placement of the portable signs. Public Safety Comments The Lino Lakes Public Safety Department-Fire Division requires a 20ft wide fire apparatus road to extend within 150ft of all portions of the building. The Lino Lakes Public Safety Department-Police Division did not express any concerns with the proposed tree farm. 7 Environmental Board The Environmental Board reviewed the development proposal at their September 27, 2023 meeting and supported the project with some with minor revisions as summarized in the attached October 2, 2023 Environmental Coordinator memo. Agreements Stormwater Maintenance Agreement There are no required stormwater facilities on site; therefore, no maintenance agreement is required. Site Improvement Performance Agreement A Site Improvement Performance Agreement and securities are not required. Comprehensive Plan Land Use The Comprehensive Plan guides this property for low density sewered residential. The proposed agritourism tree farm is a compatible agricultural land use until the land is developed with low density residential housing. Housing The goals and policies of the Housing Plan are not negatively impacted by the proposed agritourism tree farm. Economic Development The goals and policies of the Economic Development Plan are not negatively impacted by the proposed agritourism tree farm. The tree farm promotes agritourism and rural economic development. Transportation Goals of the Transportation Plan are to ensure that streets and roads are as safe as possible and to reduce unnecessary traffic. CSAH 32/CR J (Ash Street) is an A-Minor Expander Arterial road. The proposed agritourism tree farm shall be required to install portable changeable message signs along the highway in both directions to provide advanced warning to drivers. 8 Local Water Management Plan The goals and policies of the Local Water Management Plan to protect, preserve, and use natural surface and groundwater storage and retention systems are being implemented by minimizing on-site impervious surfaces. Sanitary Sewer The proposed agritourism tree farm does not require sanitary sewer. Temporary restrooms will be provided onsite. Water Supply Plan The proposed agritourism tree farm does not require a water supply. Parks, Greenways and Trails The goals and policies of the Parks, Greenways and Trails Plan are not negatively impacted by the proposed agritourism tree farm. Community Facilities The goals and policies of the Community Facilities Plan are not negatively impacted by the proposed agritourism tree farm. Findings of Fact-Conditional Use Permit Per City Code Section 1007.016(3): (e) The Planning and Zoning Board shall hold the public hearing and consider possible adverse effects of the proposed conditional use. Its judgement shall be based upon, but not limited to, the following factors: 1. The proposed development application has been found to be consistent with the design standards listed in City Code Section 1007.020(4). See below. 2. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. The proposed agritourism tree farm will not involve activities detrimental to any person, property, or the general welfare. 9 3. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The proposed agritourism tree farm will not result in the destruction of a natural, scenic, or historic feature of major importance. Per City Code Section 1007.020: (4) Performance Standards. Plans which fail to meet the following criteria shall not be approved. (a) The proposed development application must be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan. The proposed agritourism tree farm is consistent with Lino Lakes Comprehensive Plan. (b) The proposed development application is compatible with present and future land uses of the area. The proposed agritourism tree farm is compatible with present and future land uses of the area. (c) The proposed development application conforms to performance standards herein and other applicable City Codes. The proposed agritourism tree farm conforms to City Code performance standards with minor revisions as noted in this staff report. (d) Traffic generated by a proposed development application is within the capabilities of the City when: 1. If the existing level of service (LOS) outside of the proposed development is A or B, traffic generated by a proposed development will not degrade the level of service more than one grade. 2. If the existing LOS outside of the proposed development is C, traffic generated by a proposed development will not degrade the level of service below C. 3. If the existing LOS outside of the proposed development is D, traffic generated by a proposed development will not degrade the level of service below D. 4. The existing LOS must be D or better for all streets and intersections providing access to the proposed development. If the existing level of service is E or F, the developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. 10 5. Existing roads and intersections providing access to the proposed development must have the structural capacity to accommodate projected traffic from the proposed development or the developer will pay to correct any structural deficiencies. 6. The traffic generated from a proposed development shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan. However, the City may, at its discretion, consider developer-financed improvements to correct any street deficiencies. 7. The LOS requirements in paragraphs 1. to 4. above do not apply to the I- 35W/Lake Drive or I-35E/Main St. interchanges. At City discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Dept. of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the proposed development project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties that contribute to traffic at the interchange. The proposed agritourism tree farm meets LOS requirements. CSAH 32/CR J (Ash Street) is an A-Minor Expander Arterial road and has structural capacity to accommodate traffic from the proposed development. The traffic generated from a proposed development does not require City street improvements. (e) The proposed development shall be served with adequate and safe water supply. The proposed agritourism tree farm does not require a water supply. (f) The proposed development shall be served with an adequate or safe sanitary sewer system. The proposed agritourism tree farm does not require a sanitary sewer supply. On-site temporary restrooms will be provided. (a) The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. The proposed agritourism tree farm does not require City funds. (b) Fire prevention and fighting equipment acceptable to the Board of Fire Underwriters and City Council shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on. 11 The proposed agritourism tree farm does not involve any activity involving the handling or storage of flammable or explosive materials. Specific Conditional Use Permit (CUP) Requirements In addition to the above administrative requirements of a conditional use permit, the following specific performance standards of City Code Section 1007.059 shall also be met: (4) The site shall comply with the following requirements: (a) Minimum lot area of 10 acres. The lot area is 39.87 acres. (b) All uses permitted by this section shall have at least one (1) primary access onto a collector street as identified on the functional classification map with the condition that the increase in traffic shall not create a nuisance, to nearby residents by way of traffic or noise or increase the public cost in maintaining the street. The site is accessed via CSAH 32/CR J (Ash Street) which is an A-Minor Expander Arterial road. (c) All structure, parking area, and agritourism related activity setbacks shall be 50 feet from any side or rear lot line. Drive aisle setbacks shall be 20 feet to any side or rear lot line. The proposed parking lot and building setback is 50 feet. RECOMMENDATION Staff recommends approval of the conditional use permit for an agritourism tree farm located at 1415 Ash Street subject to the following conditions: 1. Agricultural activities related to the production and maintenance of the tree farm is allowed year round. 2. The agritourism tree farm may operate from November 1st to December 31st annually. 3. The agritourism tree farm may operate from 8am to 6pm daily. 4. The Community Development Director or assigns may administratively approve minor changes to days and times of operation. 5. The lean–to proposed as checkout room on the submitted Barn Schematics sheet shall be allowed as long as it remains open on the remaining three (3) sides. 6. No part of the agricultural building may be open to the public. 12 7. Any future outdoor lighting shall meet City code performance standards. a. A lighting plan and details shall be submitted to City staff for review and approval prior to installation. 8. Any additional overflow parking shall meet the 50ft setback as required per City Code Section 1007.059 and shall be at least 10ft from the wetland west of the parking area. 9. Signage: a. One (1) off-premise ground sign shall be allowed within the private driveway easement. i. Consistent with City Code Section 1010.008(1)(a) for R, Rural non-residential uses: 1. The maximum sign area shall be 50 square feet. 2. The maximum sign height shall be eight (8) feet. 3. The sign shall not be located in the CSAH 32/CR J (Ash Street) right-of-way or vision triangle. b. The private driveway easement owners shall formally amend the existing easement or draft and record and new document to allow for the sign. i. The easement shall clearly detail who is responsible for maintenance and removal of the sign. c. A sign permit application shall be required using the site plan to show the exact location of the sign. 10. Per Anoka County Transportation Division-Highway letter dated September 27, 2023: a. Portable changeable message signs (CMS) will need to be installed in both directions prior to the opening of the farm each year. The signs shall be active at all times while the farm is in operation and open to the public. b. No plantings or private signs will be permitted within the county right of way and care must be exercised when locating private signs, building, structures, plantings, berms, etc. outside of the county right of way, so as not to create any new sight obstructions for this section of CSAH 32. c. A Permit for work within the County Right of Way must be obtained prior to the placement of the portable signs. 11. A 20 foot wide fire apparatus road extending to within 150 feet of all portions of the building shall be accessible at all times. 12. Failure to comply with any of the listed conditions may result in revocation of the conditional use permit. The following items shall be addressed prior to City Council consideration: 1. All comments from the City Engineer memo dated October 3, 2023 shall be addressed. 2. All comments from the City Environmental memo dated October 2, 2023 shall be addressed. 13 3.All comments from the Public Safety Department memo dated October 3, 2023 shall be addressed. 4. All comments from the Anoka County Highway Department letter dated September 27, 2023 shall be addressed. 5.The applicant shall confirm if a Rice Creek Watershed District permit is required. 6.Certificate of Survey: a.The existing private driveway easement and recording document number shall be shown. 7.Site Plan Exhibit: a.The portion of the driveway within the County road right-of-way shall be hard surfaced. b. Restroom locations shall be shown. c.Handicap accessibility from the parking lot to the building shall be made where feasible. d. A 20 foot wide fire apparatus road extending to within 150 feet of all portions of the building shall be provided. ATTACHMENTS 1. Site Location and Aerial Map 2.Applicant Narrative 3.Certificate of Survey 4. Grading Plan 5.Site Plan Overall 6.Site Plan Exhibit 7.Barn Schematics 8. City Engineer Memo dated October 3, 2023 9. Environmental Coordinator Memo dated September 5, 2023 10. Fire Division Memo dated October 3, 2023 11. Anoka County Highway Department letter dated September 27, 2023 32 Legend Address Labels Parcels October 3, 2023 ± Map Powered By Datafi 1 in = 400 Ft Kavan Christmas Tree FarmAttachment 1: Site Location and Aerial Map Kavan Family Christmas Tree Farm CUP Narrative In early 2018 we purchased the 39.6 acre farm (PID# 34-31-22-31-0001) located at 1415 Ash Street in Lino Lakes, about a half mile west of the Centerville/Ash intersection. In November 2018 I had conversations with the City Planner and determined that a cut-your-own Christmas Tree farm is an allowed use, and in spring 2019 we started planting Christmas trees. The Kavan Family Christmas Tree farm is a family run cut-your-own Christmas tree farm (Steve (dad), Lauren (mom), Lydia (10) and Wade (8)). The farm started planting Christmas trees in 2019 on the 40 acre farm and plants 2,000 – 4,000 Christmas trees every year, and grows Balsam fir, Canaan fir, Fraser fir, Norway pine, White pine, Colorado spruce and other Christmas tree varieties. Christmas trees transplants are purchased from nurseries and are 3-5 years old when planted at our farm (6 – 18 inches tall) and on average take another eight years to reach maturity (6-8 feet tall). Our tallest trees are now 6 ½ feet tall. In 2022, Steve transitioned full-time to the farm during the growing season (April – October) and is investing considerable time and money into the farm, having invested over $100,000 in trees, fertilizer, equipment, and third-party labor since starting in 2019. A 20-foot-wide commercial driveway to serve the cut-your-own operations was approved by the City of Lino Lakes and Anoka County and installed in June 2022. The farm plans to open for tree sales to customers for the 2024 season. The farm offering families the opportunity to cut their own Christmas tree whereby they take a hand saw (no gas saws would be allowed) and a hand pulled sled into the fields, and customers would select and cut their own tree, and then bring that tree back to a small 1,920 square foot barn for processing. For families who prefer a taller tree than what is available in the field or prefer not to cut down their own tree, the farm will offer pre-cut Christmas trees where the families could select a pre-cut tree near the sales stand/check out area, which will be a heated space less than 300 square feet in size and part of the barn. In order to provide taller trees, some of these pre-cut trees will be from other farms in Minnesota or Wisconsin. As part of the checkout process, the farm will shake the tree on a shaker (which helps the old needles fall off at the farm, instead of in someone’s house), make a fresh cut on the bottom of the tree with an electric chainsaw (a fresh cut helps the tree last longer once in the house), and net the tree, which compresses the tree and helps for easier transportation and entry into one’s house. The farm may offer delivery of customer selected trees to customers in Lino Lakes and the nearby surrounding communities. The farm will offer items made from tree branches, such as wreaths, as well as tree stands and tree disposal bags. The farm will be open on weekends and holidays during daylight hours, generally from 9am- 4:30pm starting the weekend before Thanksgiving, and go through mid-December. The farm may be open some of the weekdays during that date range during daylight hours from 12- 4:30pm, depending on demand, weather, tree availability, and labor availability. Attachment 2: Applicant Narrative The farm seeks to provide families with great wholesome memories. The farm will likely offer complimentary items such as coffee/hot chocolate and cookies. The farm may have the following free features: small playground structure or hay bales for kids to play on while their parents are checking out, and props for family photos such as benches, stand-in boards, antique tractor or truck. Families may be able to bring their dogs with and there would be signage requiring dogs to be on a leash at all times. Parking will be available at the farm and no street parking on Ash street will be allowed, and we may use a reservation system if necessary to limit the number of customers during the busiest times. Initially reservations will likely not be needed, as it will take time for customers build their traditions around the farm, though reservations is an available tool that other Christmas tree farms utilize to help even out the customer flow. To help provide privacy screening to the nearest neighbors, the farm in 2022 and 2023 planted approximately 250 quick growing arborvitae and white pines along the south border as well as immediately east of the entrance. The neighbor to the east wishes to have privacy screening on the north side of the driveway, and so additional trees will be planted there in future years, as well as to the south. The neighbor does not want a screen to the east, and so trees won’t be planted there again unless the neighbor chooses otherwise. Once the Arborvitae and White Pines are large enough to provide an adequate screen, the remaining buckthorn to the south will be removed. It is common for families to want to get their professional family photos taken at Christmas tree farms, and so professional photographers may be allowed during the offseason to have photos taken of their clients. Community and Environmental Stewardship We believe in giving back to the great community we are located in and commit to donate at least 5% of pre-tax sales receipts to Centennial School Parent Teacher Associations serving Lino Lakes and to the Centennial Community Food Shelf, as well as to offer a number of free trees annually to those in need. The farm may have an option for customers to donate to a specific charity during their check out process and plans to have a collection bin for Toys for Tots and may offer a discount on a tree or a free ornament for people that participate. The farm would be open to providing free educational tours during the year to Centennial school groups and community organizations (e.g. boy/girl scouts) from the nearby area as way to help educate children on environmental stewardship and tree farming. This would be limited to schools in the immediate area and a handful of days a year. The Minnesota Christmas Tree Association, of which Steve is a board member and Treasurer, annually participates in a Trees for Troops program that organizes a donation of Christmas trees to military families in the US and stationed abroad and the Trees for Troops has delivered 293,000 trees since 2005. Our farm plans to participate in this program once our trees are tall enough. Land Gift to Neighbor It was discovered that part of the house on the adjoining property to the south of the Farm was built on the Farm property, and the Farm is in the process of gifting that land along with an extra buffer to the neighbor at no cost for the land. It is envisioned this transfer will occur simultaneous with this process. Attachment 3 Certificate of Survey Attachment 4: Grading Plan Attachment 5: Site Plan Overall Attachment 6: Site Plan Exhibit Kavan Family Christmas Tree Farm Barn Schema�cs (Dra�) Front View (South Side) Note: The inside of this door will be a 20x14.5 sf checkout room (under 300 sf). Attachment 7: Barn Schematics Side View (West Side) Note: These garage doors will be open for tree processing (shaking off old needles, making a fresh cut, ne�ng the tree for easier transport) Back View (North Side) Side View (East Side) 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM Memorandum To: Katie Larsen, Lino Lakes City Planner From: Diane Hankee PE, Lino Lakes City Engineer Date: October 3, 2023 Re: Kavan Family Christmas Tree Farm CUP Review 023694-000 WSB reviewed the CUP plans for the Kavan Family Christmas Tree Farm site in Lino Lakes, MN, received September 13, 2023. The site is located at 1415 Ash Street. Comments were made on the following documents: •Kavan Family Christmas Tree Farm plans prepared by E.G. Rud & Sons, Inc., dated September 13, 2023 o Certificate of Survey o Site Plan - Exhibit o Site Plan – Overall o Grading and Erosion Control Plan The following review comments should be responded to in writing by the applicant. Engineering •Grading, Erosion, and Sediment Control Limited grading is proposed for the site. The site proposes to maintain existing contours in all areas except near the building where they propose to direct drainage away from and around the building before blending back in with the existing contours. Other disturbances that propose to impact surfacing but maintain the existing grading contours are the Grassprotecta surface over the seasonal parking area and the proposed Class 5 driveway extension. Drainage for the site will continue to flow from the east to the southwest at and south of the proposed building and from the east to the northwest north of the proposed building. Comments: 1.Mark the location on the grading and erosion control plan for the on-site waste containment or dumpster that will be used for trash, solid waste, and construction debris. 2.Mark the location of designated concrete washout area on the grading and erosion control plan. 3.Mark the location of the provided rock construction entrance on the erosion control plan and include its footprint in the total disturbed area calculation. The Class V gravel driveway does not function as a rock construction entrance. 4.Mark the location of soil stockpile(s) and appropriate perimeter sediment controls. 5.Provide silt fence or other appropriate perimeter sediment controls on the north, west, and south sides of the proposed building. Attachment 8: City Engineer Memo dated October 3, 2023 Ms. Katie Larsen 10/03/2023 Page 2 Kavan Family Christmas Tree Farm - Engineering Review 6.Include details on the plans for the installation of grass reinforcement in the seasonal parking area. Either include note that soils are not to be disturbed (no exposed soils, excavation, or soil removal) during the installation of the reinforcement or include the seasonal parking area in the total disturbed area calculation. 7.Verify parking lot surface accommodates emergency and fire vehicles as required by the City Deputy Director of Public Safety-Fire Division 8.We have concerns that the Grassprotecta surface proposed in the seasonal parking area would become damaged and ineffective with basic snow plowing operations. Please provide previous applications of the Grassprotecta product where snow plowing has occurred successfully without damaging the material. •Stormwater Management Stormwater management for the Kavan Family Christmas Tree Farm proposes to have the driveway and building areas as the only impervious surfaces for the site. The remaining areas, including the parking area (Grassprotecta), are proposed to remain as pervious surfaces. Drainage for the lot will continue to flow from east to west across the site to Cedar Lake. •Water Supply Utilities are not proposed or shown for the site. Water is not available. Comments: 1.We recommend that the City Deputy Director of Public Safety-Fire Division review the proposed plan for fire protection and emergency access. •Sanitary Sewer Utilities are not proposed or shown for the site. Sanitary Sewer is not available. •Transportation A traffic study memo dated July 17, 2023 was prepared by S2 Traffic Solutions for review. Although the traffic study provided for the project does not fully evaluate the warrants for a right or left turn lane along Ash Street/CSAH 32 at the site entrance, we are not requiring further evaluation at this time as the City and Anoka County evaluated the need for additional improvements. Anoka County commented that portable changeable message signs (CMS) will need to be installed in both directions prior to the opening of the farm each year. The signs shall be active at all times while the farm is in operation and open to the public. Please note that no plantings or private signs will be permitted within the county right of way and care must be exercised when locating private signs, building, structures, plantings, berms, etc. outside of the county right of way, so as not to create any new sight obstructions for this section of CSAH 32. Comments: 1.Portable changeable message signs (CMS) should display a message as approved by Anoka County 2.Based on the survey, it appears that the driveway needs to be paved within the County right of way Ms. Katie Larsen 10/03/2023 Page 3 Kavan Family Christmas Tree Farm - Engineering Review •Wetlands and Mitigation Plan A Wetland Delineation Report was prepared by Kjolhaug Environmental Services Company, Inc. Wetlands are shown on the existing survey for the site. Comments: 1.Mark ‘AREA NOT TO BE DISTURBED DURING CONSTRUCTION’ for the wetland area west of the proposed seasonal parking. 2.The City typically requires a ten foot (10’) buffer around wetlands however, this area appears to be remaining as greenspace and may qualify towards the buffer size. •Landscaping Landscaping plans were not provided as part of the submittal. The City’s Environmental Coordinator to review landscaping and provide in-depth comments when provided •Floodplain RCWD will be reviewing the site for floodplain impacts. The base flood elevation (BFE) is unknown however, the proposed building is four feet (4’) above the apparent flood plain elevation •Drainage and Utility Easements The City is processing a minor subdivision for the lot adjacent to the south to accommodate the existing house. Note, that power lines are shown crossing the property at the southeast corner without any easement. •Development Agreement A Development Agreement will not be required with the site. •Grading Agreement A Grading agreement not required •Stormwater Maintenance Agreement A Stormwater Maintenance Agreement will not be required with the site. •Permits Required 1.NPDES General Construction Permit (verify) 2.City of Lino Lakes Zoning Permit for grading 3.Rice Creek Watershed Permit 4.Anoka County Right-of-Way Permit Ms. Katie Larsen 10/03/2023 Page 4 Kavan Family Christmas Tree Farm - Engineering Review If you or the applicant have any questions regarding these comments, please contact Kris Keller at (612) 419-3083 or kkeller@wsbeng.com. You may also contact Diane Hankee at (651) 982-2430 or dhankee@linolakes.us. Page 1 To: Katie Larsen From: Andy Nelson Date: 10/02/23 Re: Environmental Comments/9-27-23/Kavan Family Christmas Tree Farm Environmental Board had the following comments at the 9-27-23 EB meeting: 1.Blanding’s turtle (Emydoidea blandingii), a State Threatened speices, has been observed within a one-mile radius of the site. The MN DNR flyer and factsheet for this turtle must be provided to all contractors working on the site. Any sightings of this species must be reported to City staff so that the turtles can be safely relocated. 2. Category 2 wood fiber blanket is specified in the Grading, Drainage, and Erosion Control Plan. This must be updated to reflect the 2020 Mn DOT category number with a note that the City requires natural net erosion blanket. 3.Continue to work with City Engineer and Anoka County to develop a plan for safe access from Ash Street. Environmental Memo Attachment 9: Environmental Coordinator Memo dated September 5, 2023 October 3, 2023 Katie Larsen, In regards to the preliminary plan review of the Kavan Christmas Tree Farm, located at 1415 Ash Street; the Fire Department’s only concern is access to the building. The Minnesota State Fire Code requires fire apparatus roads to extend within 150’ of all portions of the building and to be 20’ wide. Section 503 of the Minnesota State Fire Code explains all the requirements for fire apparatus roads. Brian Finke Fire Lieutenant/Fire Inspector 651-982-2464 bfinke@linolakes.us Public Safety Director John Swenson 640 TownCenterParkway• Lino Lakes,Minnesota• 55014-1182 Public Administration/Records: 651-982-2300 www.ci.lino-lakes.mn.us Attachment 10: Fire Division Memo dated October 3, 2023 Attachment 11: Anoka County Highway Department letter dated September 27, 2023