4.a Draft minutes 06-06-2023 Planning Commission
June 6, 2023
The Scandia Planning Commission held their regular monthly meeting on the above date. The
meeting was conducted in-person and virtually over an electronic platform. All participants who
joined the meeting remotely could hear each other and contribute to discussions.
Chair Travis Loeffler called the meeting to order at 7:00 p.m. The following were in attendance:
Commissioners Laszlo Fodor, Jan Hogle, Kirsten Libby, Travis Loeffler and Perry Rynders.
Staff present: City Planner TJ Hofer, City Administrator Kyle Morell, and City Clerk Brenda
Eklund. City Council member Steve Kronmiller was also present.
PUBLIC FORUM
There were no public comments.
APPROVAL OF AGENDA, MINUTES
Commissioner Hogle added a question about the solar ordinance, under General Business.
Rynders, second by Libby, moved to approve the agenda as amended. Motion carried
unanimously.
Hogle, second by Rynders, moved to approve the May 2, 2023 minutes as presented.
Motion carried unanimously.
PUBLIC HEARING: CONDITIONAL USE PERMIT AMENDMENT FOR RUSTIC
ROOTS WINERY, 20168 ST. CROIX TRAIL
Greg Sandager, owner of Rustic Roots Winery at 20168 Scandia Trail North, is requesting
approval for a Conditional Use Permit (CUP) Amendment to update the site plan for the existing
CUP that was approved with Resolution No. 2020-21. Staff recommended the applicant submit
additional materials to meet several outstanding conditions of the original CUP approval from
2020 that were not met at the time the certificate of occupancy for the winery was issued.
Planner Hofer presented the staff report with a detailed explanation of the request. In 2022, a
former staff person approved a request from the applicant to construct an agricultural building
(pavilion) based on a site plan sent to the City by the applicant. Building code states that
agricultural buildings do not require a building permit to be constructed, but also sets definitions
for what constitutes an agricultural building. The building was constructed in 2022. The building
is approximately 25 feet by 56 feet in size and contains a concession/bar area, coolers, a retail
space/ gift shop, and restrooms accessible to the public. These uses of the building are outside
the scope of what is allowed for an “agricultural building” in both the UDC, the previous zoning
code, and the building code. Staff has worked with the applicant to bring the winery into
compliance by the process of amending the winery’s CUP for the new building. During this time
staff reviewed past CUP and IUP approvals and found several conditions of approval that were
never addressed.
Planner Hofer reviewed the list of general standards in the City’s Unified Development Code to
grant a CUP and summarized his findings. Hofer concluded that addition of the pavilion building
to the site is generally consistent with the Comprehensive Plan and Zoning Ordinance. Where the
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June 6, 2023
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plan is not consistent, Hofer recommended conditions within a draft resolution to bring the
winery into compliance.
Hofer explained the concerns from the Watershed and MnDOT on outstanding issues yet to be
resolved by the applicant. The draft resolution to approve the amended CUP included conditions
that the Conditional Use Permit may be revoked if the improvements that are required by both
entities are not completed by 2024.
Chair Loeffler summarized the site visit held just prior to this meeting. The Commissioners
spoke with the applicant, viewed the building and the temporary structure being used for events.
The pavilion is closed to the public but proposed to be opened once approved by the City.
Rynders, second by Hogle, moved to open the public hearing at 7:27 p.m. Motion carried 5-
0.
Bob Anderson, Quality Trail: Said he lives in the neighborhood of the winery. Traffic is a
concern on Highway 95 and can be hazardous; he is glad to see staff has addressed this with
MnDOT. Because the Comprehensive Plan wants a rural community with businesses that serve
the community, the City needs to take seriously the development here. Allowing the winery is in
keeping the values of the Comp Plan, but the growing and evolving business can change the
character and nature of the neighborhood. As an event center now, the city needs to keep a close
eye on the business; a bar and entertainment center does not belong in a residential area. Mr.
Anderson said he is asking the city to think about these things; said he is not opposed to the
business, and he would like to see continued oversight by the city. One other concern – sound.
He can hear music at his residence depending on the conditions. What will limit sound in the
future? If hours and facilities are expanded, will have potential for impacts.
Applicant Greg Sandager said he is available to answer any questions.
There were no other public comments.
Rynders, second by Hogle, moved to close the hearing at 7:34 p.m. Motion carried 5-0.
Chair Loeffler noted an emailed comment from Judene Trotter, 199th Street, regarding sound
from events. She questioned the hours of operation and number of events. Said she is concerned
there will be increased events once the permanent event center is built.
Commissioner Hogle asked if the CUP addresses amplified sound and hours? Planner Hofer said
conditions of the winery CUP did not address this, nor in the conditions of the Rural Event
Center CUP. Staff noted that the city can enforce sound regulations through the noise ordinance.
Chair Loeffler said standards for rural event centers are in the development code, and the
standards need to be addressed equally for all rural event centers in town for consistency.
Loeffler noted the original CUP for the winery allowed 6 yearly events. Now that a rural event
center was approved in 2021, the development code allows up to 4 events per calendar day
which must end by 10pm. Planner Hofer stated that the winery and rural event center uses
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coexist but have different rules. Standards in the existing development code will apply to this
business.
Commissioner Rynders questioned the conditions to complete improvements for the Watershed
and MnDOT by 12/31/2024, and should be moved up a year based on MnDOT’s letter in the
meeting materials. Planner Hofer explained that MnDOT later provided more specific dates – the
engineering plan must be complete by end of 2023, and construction done by the end of 2024.
The Watershed expects improvements by the end of 2023, then will perform observations after
that into 2024. Rynders said the specific dates should be in the resolution.
Greg Sandager said plans for a turn lane on Highway 95 are in review with MnDOT, and cannot
be bid out yet; material availability is unknown to have the construction completed by the end of
this year. Sandager said the Watershed improvements for the retention basins are ready to be
built right away. Commissioner Rynders recommended to amend language in the resolution to
meet the agencies’ timing.
Planner Hofer stated that realistically if progress is being made, the city will have no need to
revoke the winery’s CUP, and MnDOT’s timeline can be amended as 12/31/2023 and retain the
Watershed’s timeline of 12/31/2024 for project completion. Hofer recommended adding “city
may extend” to give flexibility.
Chair Loeffler questioned the hours of operation as a condition of the original CUP: should the
city solidify business hours in the CUP? Planner Hofer said hours of operation are in the CUP for
informational points, but not regulatory at this point. Administrator Morell said hours are defined
by state licensing for bars to close at 1am, not by a local ordinance. Morell said they can require
the winery to abide by hours allowed for the rural event center, to serve until 10pm.
The Commission discussed the outdoor events held at the winery, and concluded that an event
area be identified on the site plan and remove the limit of 6 yearly events from the original CUP
for the winery; this limit was set before the rural event center was approved. As long as the
winery is abiding by the noise ordinance, it was also agreed to remove the hours of operation as a
condition.
Planner Hofer summarized the changes to the resolution of approval: correct language on page
one within the Now, therefore paragraph; amend Condition #2.a for completion of the Watershed
Permit by 12/31/2024; amend Condition #2.b for completion of MnDOT’s improvements by
12/31/2023 as indicated by the comments received on June 1, 2023; remove hours of operation
and limit of events from the original winery CUP Resolution No. 2021-21.
Rynders, second by Libby, moved to recommend to the City Council approval of the
resolution as amended. Motion carried 5-0 by roll call vote.
The recommendation to approve a CUP Amendment for Rustic Roots Winery will be presented
to the City Council at their meeting on June 7, 2023.
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PUBLIC HEARING: REZONE A PROPERTY FROM AGRICULTURAL PRESERVE
TO AGRICULTURAL CORE, AND A MINOR SUBDIVISION TO BE KNOWN AS
FROILAND ADDITION AT PROPERTY IDENTIFICATION NUMBER:
24.032.20.34.0008 (COUNTY ROAD 52/OAKHILL ROAD NORTH)
Daniel Froiland is requesting approval for a rezoning of three parcels and a minor subdivision to
subdivide off a single 4.99-acre parcel for a single-family residential development on PID
24.032.20.34.0008, along County Road 52/Oakhill Road North. The proposed subdivision would
create one lot for development and would leave a remaining 85.78-acre parcel which is proposed
to be subdivided through a Minnesota Statute exemption after the plat is recorded.
Planner Hofer presented the staff report with a detailed explanation of the request. The existing
site consists of three separate parcels all zoned Agricultural Preserve (A-P). The properties were
previously in the Agricultural Preserve program but expired from the program on June 1, 2023.
The certificate of survey that was submitted by the applicant shows the parcels being combined
and subdivided. A lot combination and subdivision are needed to meet conformities for the
process. All three parcels are guided as Agricultural Core by the 2040 Comprehensive Plan; a
rezone request is necessary to identify the expiration of the Ag Preserves status. The subdivision
would create a single lot of 4.99 acres identified as Parcel A (Lot 1, Block 1, Froiland Addition).
A future land subdivision will occur that meets criteria for State Statute 462.358 Subd. 4b(b)6:
parcels greater than 20 acres with minimum road frontage of 500 feet can be conveyed without
local regulations. Parcel B will be 57.127-acres with 1,475 feet of road frontage, and Parcel C
will be 28.640-acres with 500 feet road frontage.
Planner Hofer concluded that the proposal for the rezoning is generally in compliance with the
requirements outlined within the UDC. The rezoning is consistent with the future land use shown
in the 2040 Comprehensive Plan and the proposed use meets the definition of the AG-C zoning
district. Hofer presented a draft ordinance to amend the City’s zoning map to change the
designation of the properties from Agricultural Preserve (A-P) to Agricultural Core (AG-C). A
resolution approving the findings for the rezone was also prepared.
Planner Hofer said he reviewed the minor subdivision plan for consistency with the standards
outlined in the Comprehensive Plan, Zoning Ordinance, and Subdivision Ordinance and
recommended approval. Hofer noted in the staff report the outstanding issues for the subdivision
must be addressed and included conditions in a draft resolution to address these issues.
Conditions of approval include requirements that the applicant submit approvals for a septic
system and well to the City before the plat can be recorded, and recommended cash-in-lieu of
parkland for the dedication requirement for the buildable lot. The existing driveway must be
relocated outside of the wetland setback when the property is developed because it currently goes
through a wetland, but the Watershed indicated it is fine to remain for now.
Rynders, second by Hogle, moved to open the public hearing at 8:36 p.m. Motion carried 5-
0.
Bob Anderson, Quality Trail: Said he is a neighbor to this property. If approved and conditions
met, how many homes could be built on the parcels? Staff proposed that Parcel A would have
one, and Ag Core allows 4 lots per 40 acres. Parcel B, after parcel C is subdivided off, leaves 57
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acres with potential for 5 lots. Planner Hofer said however, the language of 4 per 40 in an
original quarter-quarter section can be inconsistent and unclear under the Comp Plan and UDC,
but this is an estimate.
There were no other public comments.
Rynders, second by Hogle, moved to close the public hearing at 8:43 p.m. Motion carried 5-
0.
Chair Loeffler summarized the site visit. The Commissioners roughly identified Parcel A,
observed the wetland area, and took note of the majestic oak trees on the property.
Commissioner Rynders asked to clarify staff report conditions related to septic and driveway
relocation. The driveway can be left as is until a building permit is triggered. Planner Hofer said
remediation of the wetland will be dictated by the Watershed requirements.
Commissioner Rynders asked about Condition 4.b: why care about septic and well for parcel B if
it is not planned for development at this time? Planner Hofer said the parcel could be developed
in the future, but before the quit claim deed is recorded, the lot must be defined as buildable.
This is necessary proof that a new lot can handle sewage and have water.
Commissioner Rynders questioned language in Condition #8 – should the plat be recorded in one
year or two? Planner Hofer said he would clarify this with the city attorney before it goes to the
Council.
Planner Hofer summarized the resolutions: no changes to approving findings of facts for
rezoning; amend Condition #3.b to add Lot 1, Block 1 Froiland Addition for certification of
septic requirements to the resolution approving the Minor Subdivision.
Libby, second by Hogle, moved to recommend approval of the resolutions to approve the
findings of fact for rezoning the 3 parcels, and approving the minor subdivision as
amended. Motion carried 5-0 by roll call vote.
Rynders, second by Hogle, moved to recommend approval of the ordinance amendment to
the City Council. Motion carried 5-0 by roll call vote.
The recommendation to approve the minor subdivision and ordinance amendment will be
presented to the City Council on June 20, 2023.
GENERAL BUSINESS
Commissioner Hogle said she has been reading about putting solar panels over parking lots so as
not to disturb natural land. Does the new ordinance allow this as a possibility? The current solar
ordinance has setbacks that are too large to allow solar panels on any existing parking lots in the
city. Council member Kronmiller said this prevalent in California for solar panels to be on the
top of covered parking lots. City Administrator Morell said staff can investigate and report back.
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CITY COUNCIL UPDATES
Nothing to report.
FUTURE ITEMS: Next meeting – July 11, 2023
Staff identified a potential minor subdivision and variances for public hearings at the next
meeting.
ADJOURNMENT
Rynders, second by Hogle, moved to adjourn the meeting. Motion carried 5-0.
The meeting adjourned at 9:05 p.m.
Respectfully submitted,
Brenda Eklund
City Clerk