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08.b Draft minutes 11-07-2023 Planning Commission November 7, 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, Kirsten Libby, Travis Loeffler and Perry Rynders. Absent: Commissioner Jan Hogle. Staff present: City Planner TJ Hofer (remote), City Administrator Kyle Morell, and City Clerk Brenda Eklund. City Council member liaison Steve Kronmiller was also present. PUBLIC FORUM Rynders, second by Fodor, moved to open the public forum. Motion carried unanimously. There were no public comments. Rynders, second by Fodor, moved to close the public forum. Motion carried unanimously. APPROVAL OF AGENDA, MINUTES Commissioner Rynders asked about a staff response to the issue of variance approvals as discussed under General Business at the October 3, 2023 meeting. City Administrator Morell responded that staff is still investigating and will report back at a future meeting. Rynders, second by Libby, moved to approve the agenda as presented. Motion carried unanimously. A correction to page 3 of the minutes was recommended in a written note from Commissioner Hogle, to change Loeffler’s comment to state minimal action is “subjective”. Rynders, second by Fodor, moved to approve the October 3, 2023 minutes as amended. Motion carried unanimously. PUBLIC HEARING: MINOR SUBDIVISION AT 13261 OAKHILL ROAD NORTH (PID 09.032.20.44.0002). DANIEL JACKSON, APPLICANT Planner Hofer described the application for a minor subdivision known as Jackson Farm to subdivide a single 35.09-acre parcel at 13961 Oakhill Road into 2 lots, a 29.86-acre parcel (Lot 1) and a 4.73-acre parcel (Lot 2). The land is within Agricultural Core zoning and currently used for farming, with an accessory structure located on proposed Lot 2 to serve the ag use. Hofer explained that the existing property is within 3 separate quarter-quarter sections. Soil testing was done on both lots and approved by Washington County to support private septic. A wetland delineation identified four wetlands on the site. Wetland typing will be needed before building permits are approved in order to verify wetland setbacks. The new lots will have frontage along Oakhill Road, and the plat will be dedicating 33’ of right- of-way along the road which the city currently does not have. Scandia Planning Commission November 7, 2023 Page 2 of 8 Staff noted that compliance with engineering standards will require that the existing driveway on Lot 2 be adjusted at the time a building permit is proposed to allow a 50-foot setback from the Oakhill Road/Nolan Avenue intersection. Planner Hofer explained that the City’s zoning code requires a woodland preservation plan be provided when significant trees exist in any proposed construction zone. Hofer confirmed the treed area on the site is approximately 98,000 square feet, meeting the definition of significant woodlands. Staff included a condition that a woodland preservation plan be submitted before a building permit is issued for either lot. Planner Hofer described methods of park dedication as provided by the UDC, and recommended cash in lieu of land at the rate of $3,000 per lot. Planner Hofer concluded that the minor subdivision proposal is consistent with the City’s Comprehensive Plan and zoning code and recommended approval of the minor subdivision. A draft resolution was presented with recommended conditions to address those outstanding issues yet to be done. Rynders, second by Fodor, moved to open the public hearing at 7:14 p.m. Motion carried unanimously. Dawn Carlson, Oakhill Road, said they are at the property to the east. Asked to clarify the number of lots being created, and asked why the owners plan to subdivide the property. Staff projected the plat of Jackson Farm to show the two lots. Chair Loeffler explained that the overall density is 4 dwelling units per 40-acre quarter-quarter section and this density requirement is met. Applicant Dan Jackson participated on Zoom; said that he owns the property with his sister and will sell a portion of the farm and wanted to keep 5 acres for a potential future home. Jackson said he has no intentions of changing anything on the property now. There were no further public comments. Rynders, second by Fodor, moved to close the public hearing at 7:18 p.m. Motion carried unanimously. Commissioner Rynders said this is straightforward, it meets the code, and he supports it. Chair Loeffler said this is in line with the Comp Plan. Commissioner Libby asked if the new 4.73-acre lot is buildable. Planner Hofer answered yes; the minimum lot sizes in Ag Core can be 2.0 to 5.0 acres or 20 acres or greater, making the lots conforming. Chair Loeffler relayed Commissioner Hogle’s written notes which corrected the park fees in the staff report to be $3,000 per lot. Scandia Planning Commission November 7, 2023 Page 3 of 8 Rynders, second by Fodor, moved to recommend to the City Council to approve a minor subdivision for Jackson Farm located at PID 09.032.20.44.0002 as recommended by staff. Motion carried 4-0 by roll call vote. The recommendation to approve a minor subdivision at 13261 Oakhill Road will be presented to the City Council at their meeting on November 21st. PUBLIC HEARING: INTERIM USE PERMIT FOR MULTIPLE USES AT 18180 OLINDA TRAIL NORTH. CHARLES MANN, APPLICANT Planner Hofer described the application for an Interim Use Permit to allow for multiple uses on property at 18180 Olinda Trail. The property, owned by Charles and Sherri Mann, is 8.69 acres zoned Rural Residential-General and in Shoreland Management Overlay of Big Marine Lake. The property has an existing single-family home, and has historically been used for outdoor commercial recreation in the form of a summer camp that features circus activities using trapeze equipment and equestrian acts. The trapeze was originally for personal use, then expanded to a summer circus camp without the required approvals as a conditional use on the property, making it a nonconforming use. Hofer explained that staff is working with the applicant to bring the site into compliance. Planner Hofer explained that the applicant anticipates relocating the circus camp in the next few years, so that an interim use permit is an appropriate way to allow multiple uses on the site for a limited time. Planner Hofer described that the circus camp is active between June to August, with typically 25 to 35 students and between 5 to 9 coaches. The structures used for the camp are temporary and not counted towards the total accessory structures for the site. As well, the Watershed does not count these towards the impervious surface amount on the site. Hofer noted that the site has multiple structures, with two structures having no record of being permitted. Planner Hofer described the parking needs which vary depending on the class. An area of a field is currently being used that accommodates approximately 45 vehicles, estimated to be sufficient to meet the use. Because the use is seasonal and temporary, Hofer said staff recommends flexibility from the code to allow parking on an unimproved vegetation surface with conditions that it be kept durable and dust free. Planner Hofer said his staff report incorporates comments from other agencies and staff, with Washington County requiring a Commercial Driveway Access Permit, and to manage traffic to ensure it does not queue onto County Road 3 (Olinda Trail). Planner Hofer reviewed the standards from the UDC to meet approval of an IUP, and concluded with a recommendation to approve the request with conditions to meet the non-conforming issues. Hofer recommended the interim use terminate after four years. The applicant could reapply if they wished to continue the use and another site is not found. Scandia Planning Commission November 7, 2023 Page 4 of 8 Commissioner Fodor asked to clarify the parking. Planner Hofer explained that Condition #4 addresses this; if the intended use continues beyond 4 years, then improvements must be made. The applicant may continue to use what is there but ensure that it does not produce dust. Rynders, second by Fodor, moved to open the public hearing at 7:30 p.m. Motion carried unanimously. Quinn Weidall, Olinda Trail, neighbor directly north. Said he supports what they are doing for kids and the community. Asked if staff housing is being addressed? Said there are temporary campers and horse trailers brought in where the staff is staying onsite during camp. Said he would not want to see this increase in intensity. Asked if the private septic system is adequate based on your review? Said the camp uses the lake, which is good to give the kids lake access, but suggested they put a restroom down at the lake. Asked about where the livestock can and cannot be on the property, and he has seen the horses being brought into the lake. Referenced the staff report which stated no negative impacts to property values - how was this reached? Said they listed their property for sale 13 months ago with no buyers; the summer camp next door was highlighted due to the uncertainty of what it could become. Said the city should give consideration that there is a property value impact with this use. Concluded that he wished to reiterate that we support the use at the current scale. Chuck Mann, applicant: Said Weidall brought up reasonable concerns. Mann stated that his property is valued at $1.3 million which helps neighboring property values. Mann said he gets many good comments from participating families; this camp is his wife’s way to give back, not a money generating business. Said their goals are to recruit coaches from around the area so as to eliminate the temporary campers to house staff. Explained that the septic system is oversized, not a traditional residential system and is not being overwhelmed; he tracks the usage very closely. When campers are down by the lake, a neighbor to the south has given permission to use their bathroom. Mann said the septic concerns are non-issues. Mann said he is asking for an interim permit because they foresee moving the camp or ending it in the next few years. Said the area for the circus activities was a horse field before and will be again after the use ends. An instructor brings her own horse trailer, and pastures her horses to the farm just south of the circus location. Mann said he is unsure on regulations for livestock by the lake. Mann said most campers are dropped off and parking is really only used when there is a show for the families. The area does not generate dust, and he does not want to put down pavers. Mann said he wants to make sure neighbors are not impacted. They plan to keep doing the camp until too old to continue it. There were no further public comments. Rynders, second by Fodor, moved to close the hearing at 7:44 p.m. Motion carried unanimously. Scandia Planning Commission November 7, 2023 Page 5 of 8 Chair Loeffler asked to clarify that the circus tent and trapeze are not considered to be impervious surface. Planner Hofer answered yes, the tent and trapeze are temporary so not considered as impervious surface area. Loeffler said there are significant other structures such as hoop barns that may appear temporary but should be considered impervious surface. Chair Loeffler asked if the 4-year term for the IUP is a limit from the zoning code or is the limit provided by the owner? Planner Hofer said the term came from discussion with the owner; some uses have specific time periods but this is not one of them. Hofer said if not specified within the code, there is no maximum time limit, but IUPs always have an expiration. Chair Loeffler said the staff report of the parking area being able to accommodate 45 vehicles seems somewhat arbitrary. Where did 9 staff, the time of class, and number of participants come from? Planner Hofer said this is the description from the applicant; however, Hofer said he has added some flexibility to the time of the class, so as not to put them in violation of the IUP. Loeffler said he wants to make sure this use does have actual limits the owners are going to use, and not be arbitrary. Planner Hofer said the outdoor recreation use is difficult to apply a standard that is consistent across another outdoor recreation use in the city. Each use can be specific and it’s important to be consistent in what they are operating within. The City can allow for flexibility above what is normally allowed. Each use is looked at on a case-by-case basis but the City must be consistent in applying the reasoning. Commissioner Rynders asked why limit to 9 staff? The coaches are staying on the property as Weidall noted. Rynders said there are some evening exhibitions and training outside the hours of the kids being there. Should they make conditions outside of those recommended to accommodate this? Commissioner Fodor said he has observed cars parked along Olinda Trail, but this did not create traffic issues. Commissioner Libby said she has driven by several times a day during the camps and hasn’t experienced traffic impacts. Planner Hofer said if there are known issues of parking along Olinda Tail, this should be addressed in the IUP to ensure all parking is onsite only as part of this approval. Chair Loeffler asked what are the standards for the staff housing comment? Loffler said the code allows temporary housing for some situations such as farmhands. Planner Hofer said staff is unaware of the temporary housing as this was not stated in the application. Hofer said the temporary dwellings in the UDC doesn’t apply here, however there are limits to how many recreational vehicles can be stored on property. If these are lived in during the use, then this is an issue because the code allows only 30 total days in the year. Hofer said that if this is happening, it needs to be dealt with in the IUP because the use as described in the public comments is not allowed. Scandia Planning Commission November 7, 2023 Page 6 of 8 Chair Loeffler said they should incorporate conditions to address housing and parking but allow flexibility. Commissioner Rynders said he is in favor of making an exception; perhaps limit the number and allow for 90 days as this is the nature of the business. Commissioners Fodor and Libby stated their agreement with an exception for the season. Mr. Mann explained that catchers are needed for the camp, who are cycling in for a week or two. They are training a local catcher but still in need of one additional. Mann said this creates the need for the campers. Mann said he agrees that all parking remain on the site and not on the road. Mann said the circus camp operates for 11 weeks, and he could agree to 2 campers being used for housing during the camp. Mann said the horse trailer will not return. Mann said they have a small camper for personal use on the property. Mann said last year they housed 3 people in the camper trailers. Chair Loeffler said he takes issue with temporary housing, and they should stay in the house. The septic is sized for the house and most appropriate. Loeffler said if the Commissioners wish to exceed the 30 days of camper use, he’s okay with that too. Commissioner Libby noted that campers have septic units. Chair Loeffler said he is not sure they are being emptied properly, or maybe they are not using these facilities. Commissioner Rynders said the nature of the circus camp is having temporary workers, and allowing an exception for housing should be fine. Mr. Mann stated that there are two septic systems on the property, with gray water going to the old system. Planner Hofer said this has no bearing and is irrelevant for the recreational vehicles, but the code requires a self-contained unit. Hofer said there are definitions in the UDC to define dwelling unit, and the workers staying in the house would not meet the family definition which would lead to more complications. Planner Hofer recommended tabling the application to the December meeting in order to elaborate on conditions to address septic and housing, and allow more time to prepare the conditions rather than amending conditions at this meeting. Chair Loeffler said consideration be given for up to 50 people being on the property daily for 11 weeks. Chair Loeffler asked about the horses being in the lake, as he is unaware of any regulations. Planner Hofer said he knows of no restrictions on bringing livestock to the lake and this is not addressed in the shoreland ordinance. Hofer said the horses may be kept where they are now at 700 feet from the OHWL, but just cannot reside at the lakeshore. Chair Loeffler agreed that the use could have property value impacts, but not a factor to consider here. Planner Hofer said the review will extend to 120-days and highlight topics of parking, housing and septic language for portable units. Scandia Planning Commission November 7, 2023 Page 7 of 8 Council member Kronmiller said that impervious surface under the circus tent should be looked at, as there is gravel and soil modification under the tent. Rynders, second by Fodor, moved to table the application for an IUP to the December 5th meeting. Motion carried 4-0 by roll call vote. PUBLIC HEARING: PROPOSED ORDINANCE AMENDING THE CITY OF SCANDIA UNIFIED DEVELOPMENT CODE (UDC) 153.400 REGARDING DETERMINATION OF DENSITY UNITS Planner Hofer explained that language in the Unified Development Code adopted in October 2022 is in conflict with the intention of the city’s determination of density units, and introduced an ordinance amendment to correct the language. The current code language determines density based on a single lot rather than looking at quarter-quarter sections. Hofer said the new language is more in line with how the city has been defining density. Rynders, second by Fodor, moved to open the public hearing at 8:31 p.m. Motion carried unanimously. There were no public comments. Rynders, second by Fodor, moved to close the public hearing. Motion carried unanimously. The Commissioners discussed that the new language is clarifying the intention of the city’s historical determination of density units. Commissioner Rynders said the average person doesn’t understand the 4 per 40 density as different than one per 10. The language is difficult to understand and confusing to the public. Administrator Morell said it’s the city’s desire to retain and preserve open space by varying lot sizes. Staff is recommending how to convey this as best done with illustrations in the zoning code. Planner Hofer provided some examples of determining 4 buildable units in a 40-acre quarter- quarter section. For areas that are currently developed at a higher density, the lots are considered legally non-conforming with protected use because they were created before the code language was adopted. Rynders, second by Fodor, moved to recommend the City Council adopt the draft ordinance for a UDC text amendment as recommended by staff, with additional illustrations for clarity. Motion carried 4-0 by roll call vote. The recommendation to approve the ordinance amendment will be presented to the City Council at their meeting on November 21st. Scandia Planning Commission November 7, 2023 Page 8 of 8 GENERAL BUSINESS No general business topics were discussed. CITY COUNCIL UPDATES At their October 19th meeting, the City Council approved the recommendations as made by the Commission at their October 3rd meeting for a variance, a local solar energy system, and for distribution solar energy systems. FUTURE ITEMS: Next meeting – December 5, 2023 A variance will be on the December 5th meeting agenda. ADJOURNMENT Rynders, second by Fodor, moved to adjourn the meeting. Motion carried unanimously. The meeting adjourned at 8:50 p.m. Respectfully submitted, Brenda Eklund, City Clerk