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12-05-2023 Planning Commission December 5, 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. Vice-Chair Jan Hogle called the meeting to order at 7:00 p.m. The following were in attendance: Commissioners Laszlo Fodor, Jan Hogle, Kirsten Libby and Perry Rynders. Absent: Commission Chair Travis Loeffler. Staff present: City Planner TJ Hofer, City Administrator Kyle Morell, and City Clerk Brenda Eklund. City Council member liaison Steve Kronmiller was also present. PUBLIC FORUM There were no public comments. APPROVAL OF AGENDA, MINUTES Fodor, second by Hogle, moved to approve the agenda as presented. Motion carried unanimously. Rynders, second by Libby, moved to approve the November 7, 2023 minutes as presented. Motion carried unanimously. The public hearing for a variance at 19489 Manning Trail has been withdrawn by applicant Paul Bruggeman. The notice of withdrawal was made after the public hearing notice was published and mailed to surrounding property owners. PUBLIC HEARING: PROPOSED ORDINANCE AMENDING THE CITY OF SCANDIA UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.300.020 SUBD.1 (B) REGARDING THE OPERATING SQUARE FEET OF PERMITTED RETAIL OPERATIONS WITHIN THE R-C ZONING DISTRICT AND THE CLASSIFICATION OF THE USE Planner Hofer explained that at their meeting on November 21st, the City Council directed staff to research and evaluate standards for retail sales as provided in Section 153.300.020 Subd 1.B of the Unified Development Code. Currently, retail uses with an operational square footage of 12,000 square feet or less within the Rural Commercial (RC) zoning district are a permitted use while retail uses larger than 12,000 sq. ft. require a conditional use permit. Planner Hofer noted that this is worth evaluating, and proposed reducing the square footage for retail being permitted at a size of 7,500 sq. ft. and less. Hofer said this will better match the Council’s intention and allow for greater input on potential commercial establishments in the City. The Planner’s staff report provided the recommended changes in a draft ordinance. Planner Hofer described an evaluation of different uses and measurements of existing retail buildings in the city, and found that all uses of this type measure less than 7,500 sq. ft., with the largest size measuring 6,200 sq ft. Hofer said staff is looking for comments tonight on the proposed ordinance. Scandia Planning Commission December 5, 2023 Page 2 of 5 Commissioner Hogle asked if this will affect retail sales in Ag Core zoning for the sale of agricultural products? Planner Hofer said that as proposed in this ordinance, a use meeting the definition of retail sales is not allowed in Ag Core; the selling of ag products wouldn’t fall under the UDC’s retail use definition but rather a different use that would not be affected by this amendment. Commissioner Libby asked how the measurement of square feet of retail space was taken; would a basement storage area count? Planner Hofer explained that retail sales and services is defined as the entire premises of the sales area where customers are allowed. The separate use of storage is a technicality which may or may not be included in a measurement of retail sales area. Rynders, second by Libby, moved to open the public hearing at 7:11 p.m. Motion carried unanimously. There were no public comments. Rynders, second by Libby, moved to close the public hearing. Motion carried unanimously. Commissioner Rynders said the amendment makes sense; 12,000 square feet of retail is quite large for Scandia, especially as most all other businesses in town are under 7,500 sq ft. Rynders asked how staff settled on 7,500 sq. ft. as a recommendation? Planner Hofer said this was determined after looking at what currently exists, and what size is reasonable. Commissioner Hogle said she agreed that the lowering of retail size permitted is a good idea. Rynders, second by Fodor, moved to recommend to the City Council approval of the draft ordinance for a UDC text amendment to amend the retail standards and use classification as recommended by staff. Motion carried 4-0. The recommendation to approve the ordinance amendment will be presented to the City Council at their meeting on December 19th. OLD BUSINESS: INTERIM USE PERMIT FOR MULTIPLE USES AT 18180 OLINDA TRAIL NORTH. CHARLES MANN, APPLICANT. CONTINUED FROM NOVEMBER 7, 2023 At the November 7, 2023 meeting, the application for an Interim Use Permit for multiple uses at 18180 Olinda Trail North was tabled to allow the applicant and staff time to address concerns regarding parking, the septic system, impervious surface and staff housing. Planner Hofer provided an update after gathering information from the applicant. A revised site plan shows a larger parking area to accommodate up to 60 vehicles in a vegetated area. There are multiple buildings on-site to serve the circus camp, such as the horse shelter, and most would be removed after the IUP ends in four years. Coaching staff resides in recreation camping vehicles (RCVs) during the camp. Additional class 5 material was brought in for the proposed 2,500 sq. ft. circus tent, which triggered the Watershed’s requirement for a permit. Scandia Planning Commission December 5, 2023 Page 3 of 5 Planner Hofer said the concerns have been addressed in the conditions of approval as prepared in a draft resolution that was part of the staff report. Hofer said there is flexibility from the UDC’s standards in the IUP to allow up to 3 RCVs to house staff for up to 90 days of the circus camp operations, provided the campers are placed on the site to maximize screening from the right-of- way and adjacent properties. Planner Hofer said that staff identified more accessory structures than allowed on a property of this size. Conditions to address this by June 1, 2024 were written into the resolution. The applicant must obtain a Conditional Use Permit to allow for up to 25% more number and size of structures permitted by the deadline, or the nonconforming structures must be removed. Washington County SSTS commented on the existing septic system. The septic facility meets the standards for residential use, but stated that it should be evaluated before continued use by the camp and staff. Hofer said this was added as a condition. Commissioner Hogle asked for the septic issues to be clarified. Planner Hofer said that staff settled on Condition #6, that use of sanitary facilities in the house by campers and staff be prohibited until approval is granted by Washington County SSTS. A licensed septic designer will need to report to the County that the system capacity is adequate. As part of permitting the restroom accessory structure, connected to the residential septic system without proper permitting, this septic connection will also need to be reviewed and approved by County staff. Commissioner Libby questioned the added conditions since the November meeting’s draft resolution of approval. Planner Hofer explained that conditions have been added due to issues identified after the November meeting. This use falls under outdoor commercial recreation, of which no specific use standards exist in the UDC. Hofer said staff included important allowances to set reasonable conditions to preserve the site and limit impacts. Libby said she wants the conditions to be reasonable and not an impossibility. Commissioner Rynders asked why the number of staff is limited to 9? Rynders said he wants to give flexibility for staffing without a limit. Planner Hofer said it’s not uncommon to impose restrictions and to allow for some control of intensity of the use. The site is used as a single- family residence. The limit of staff is intended to set a limit as taken from the applicant’s description, and Hofer said he used the high end of 9; family members working as staff are not counted. Rynders said because the IUP is limiting participants to 40, there shouldn’t be a reason to limit the staff. Hofer explained that if not limiting staff by a condition, then the maximum of 3 RCVs allowed can control the number. Commissioner Hogle said she agreed with Rynders, that by limiting the number of campers the staff limit should be removed. Commissioner Rynders addressed the sanitary facilities, saying there have been no issues as the camp has been using this over the past years. Mr. Mann said this has been frustrating, with layers and hassles. Mann said this is an expensive sewer built to overcapacity and he is not willing to wreck it with overuse. Any overfill will cause an alarm to sound, a situation not encountered with the camp use. Mann said it will cost many thousands to evaluate it for capacity. He said he will follow the rules, and plans to not use the Scandia Planning Commission December 5, 2023 Page 4 of 5 restroom structure but rather bring in portable toilets, even though they are hot and cramped for the kids. Mann said that staff has been fair and reasonable to work with. Commissioner Rynders said he is in favor of eliminating condition #6, use of sanitary facilities in the house by campers and staff be prohibited until approval is granted by Washington County SSTS, as his recommendation. Commissioner Libby said she supports this. Libby said the septic system is not being burdened for 10 weeks of the camp, saying there is not excessive use by the campers by showering or washing clothes, only flushing a toilet during camp hours. Planner Hofer reiterated that the restroom building was constructed without approvals or permits, making it a nonconforming building that should not be used by the public until inspected. Hofer said staff discussed solutions with the applicant. The additional buildings may remain if Mr. Mann applies for a CUP for 25% excess of accessory structures on the property. In order to have public use of the restroom building, there needs building and septic approval by the Building Official and the County. Hofer said the city can approve use of the building by recommending the applicant apply for an after-the-fact building permit and septic approval, saying he strongly recommends this. If the building collapses, it is hazardous to the city by allowing it to be there. Commissioner Libby said she thinks this goes too far for a 12’ by 16’ building. Mr. Mann said he has no objections to having it inspected as it’s overbuilt, but will disconnect the septic stub and use portable toilets. Planner Hofer added that if the applicant meets the conditions as listed in Condition #5, then the building can be used. Commissioner Libby questioned if this is reasonable, saying it seems overreaching if he has been doing this for a few years with no complications. Commissioner Fodor said he understands the purpose of condition #6, but what would be the County response once given a capacity report? Planner Hofer said the County did not make a recommendation, but would evaluate one once a design is submitted. It’s possible that what needs to be dug up for inspection is the septic connection to the shed. Commissioner Rynders said he would recommend to have the structure inspected but allow use as a building if approved for occupancy. Planner Hofer explained that Condition #5 sets the framework to make this possible. Rynders asked that if the structure is approved by the Building Official, is staff still saying it should have no use as a bathroom? Planner Hofer said yes, with no permit for the septic connection, the system is illegal. Mr. Mann said he has no septic design plans for the stub-out to supply to the County, and said the best solution is to shut off the septic, bring in portables, and have the building inspected. Rynders, second by Libby, moved to recommend to the City Council approval of the draft resolution to approve an Interim Use Permit with striking Condition #3.a and #6. Motion carried 4-0. Scandia Planning Commission December 5, 2023 Page 5 of 5 The recommendation to approve the draft resolution for an IUP as amended will be presented to the City Council at their meeting on December 19th. GENERAL BUSINESS: CARNELIAN MARINE ST. CROIX WATERSHED DISTRICT – LAKESHORE MONITORING UPDATE Carnelian Marine St. Croix Watershed District staff Mike Isensee and Tom Langer presented an overview of work being done with lakeshore monitoring in efforts to reverse the trend of natural shorelines being diminished, saying lakes are at risk as this contributes to lowered water quality. Langer said Big Marine Lake is on the verge of being impaired; the primary stressor is development. There is a Watershed District goal to have 75% of the parcels having 50% or greater natural vegetation shoreline. Communication and engagement efforts were explained in efforts to educate landowners. There are technical assistance and cost share programs available for improvements to lakeshore properties. Isensee explained the District’s comments on variances. The first is to recommend denial for any requests over impervious surface limits or within established lake setbacks; but if approved, the District will provide conditions to mitigate the impacts. Isensee provided an example of a Watershed variance recently granted with conditions for 1:1 tree replacement and for establishing a view corridor to the lake. Administrator Morell explained a plan to update the city’s shoreland ordinance, last updated in 2018, to coincide with the Watershed’s completion of their regulation updates to better align the rules. The Watershed has plans to adopt new rules in 2024. CITY COUNCIL UPDATES At their November 21st meeting, the City Council approved the recommendation for a minor subdivision, and tabled the UDC ordinance amendment regarding density standards. FUTURE ITEMS: Next meeting – January 2, 2024 if necessary Staff announced that the January 2, 2024 meeting will be cancelled if the Commission has no pending business to conduct. It was determined that the meeting will be cancelled. ADJOURNMENT Rynders, second by Libby, moved to adjourn the meeting. Motion carried unanimously. The meeting adjourned at 8:58 p.m. Respectfully submitted, Brenda Eklund, City Clerk