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
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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.
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• 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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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Legend
Address Labels
Parcels
October 3, 2023
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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