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01-23-2007 Meetng CITY OF SCANDIA CITY COUNCIL AGENDA JANUARY 23, Z006 7:00 P.M. 1. Call to Order and Pledge of Allegiance 2. Roll Call 3. Approval of the Agenda 4. General Business a) Advisory Committees b) Request to Reserve Lighted Ballfield c) Hay Ride for Community Sliding& Skating Party 5. Recommendations from the Planning Commission a) German Lake Ventures LLC. Preliminary Plat and Variances for German Lake Vistas (Resolution 01-23-07-01, 2007001) b) Amendments to Chapter 3, Section 5 of the Scandia Development Code regarding Public Hearing Requirements for Minor Subdivisions (Ordinance No. 96, 2007002) c) Amendments to the Scandia Development Code regarding Open Space and Conservation Subdivisions (Ordinance No. 97, 2007003) d) Amendments to the Scandia Development Code regarding Woodland and Tree Preservation(Ordinance No. 98, 2007004) e) Jon Rodgers. 23409 Lofton Avenue North. Variance for Septic System Design (Resolution 01-23-07-02) 0 Letter from Willowbrook Community Church 6. Adjournment Meeting Date: 1/23/2007 Agenda Item: /Y/ 4) City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Establish advisory committees by taking official actions on recommendations of the Council committee which were discussed at the January 16, 2007 meeting. Deadline/ Timeline: The Council could take action now or at some future meeting(s.) Background: • The Council discussed a number of recommendations made by the committee (Councilmembers Harnetty and Crum), but did adopt any motions to establish or abolish any committees. • The major recommendations, listed in the attached chart, were: o Eliminate the Road Committee, and incorporate its functions in the Capital Improvements Committee. o Eliminate the Architectural Review for Commercial Property Committee and the Landscape Committee. If, during the development review or enforcement process, a committee is needed to review a specific issue, appoint an ad-hoc committee at that time. o Eliminate the Rural Landscape Preservation Committee. Defining and developing policies for preserving the city's rural character will be a major focus of the Comprehensive Plan. Incorporate these issues into the Plan committee,possibly a sub-committee if needed. If, after completion of the plan, a separate group apart from the Planning Commission is needed to implement the plan, then the Council could consider re- constituting a separate committee. o The Employment Policy/ Salary Committee should change to a Human Resources Committee, to work with the Administrator on all personnel-related issues. Two Councilmembers should be appointed. o The subcommittee has provided recommendations on the number, type and duration of appointments for the Capital Improvements Committee, Ice Rink Committee, Comprehensive Plan Committee and the Commercial and Retail Development Committee. Page 1 of 2 01/19/07 Recommendation: The Council should make motions as appropriate for each committee. Attachments/ • Committee recommendations Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (committees) Page 2 of 2 01/19/07 Committee Recommendations City of Scandia January 16, 2007 Committee 2006 Members/ Status Recommendations Planning Commission • 5 (Ness, Malmquist, Nickelson, • Advertising for members; applications due Schwarz, Yehle), 5-year terms 2/15/07 for interviews tentatively scheduled for • 1 vacancy(Yehle, term expires 2007), 2/20/07 1 term expired 2005 (Ness) • Council could consider expanding number of members from 5 to 7 or more Park and Recreation • 9 (Campobasso, Couture, Kilgriff, • Advertising for members Skupien, Schik, Smith, Bildeaux, • Council should clarify roles and responsibilities Goeken, Rasmussen), 5-year terms • 1 term expires 2007 (Campobasso) • 1 vacancy(Kilgriff resigned) Incorporation Committee • Dupslaff, Hebert, Havener. Nickelson, • Council agreed 1/2/07 to sunset committee Olson, Sandager, Schwarz, Swenson Road Committee • Heinisch, Peterson, Yehle, Boesel • Eliminate committee. • Incorporate function into Capital Improvements Committee Employment Policy/ Salary • Board members; inactive • Change to "Human Resources Committee" and appoint 2 council members • Committee to work with administrator on personnel issues, salary, benefits issues, etc. 1 Committee 2006 Members/Status _ Recommendations Architectural Review for • Malmquist, Peterson, Sandager • Eliminate committee. Commercial Property • Appoint ad-hoc committee to review projects if needed during the development review process Rural Landscape Preservation • Hadland, Jensen, Vogen, White (9 • Eliminate committee. members?) • Incorporate into Comprehensive Plan Committee, possibly a sub-committee. • Evaluate whether or not a standing committee on this topic is needed after the update of the Comprehensive Plan. Landscape Committee • Eliminate committee. • Appoint ad-hoc committee to review projects if needed during the development review/ enforcement process Capital Improvements • Johnson, Nickelson, Schwarz, Spence, • Appoint committee consisting of: Committee Stromberg o 2 Council Members o 2 Planning Commissioners o 1 Parks Committee Member o 2 or more Citizens at Large o Administrator o Fire Chief o Treasurer o Public Works Supervisor • Appoint to 3-year terms 2 Committee 2006 Members/ Status Recommendations Ice Rink Committee • White, Malmquist, Rasmussen, • Appoint committee consisting of: Couture, Campobasso 0 1 Council Member (Harnetty) o 1 Staff(White) o 2 Parks Committee Members o 2 Citizens at Large (Malmquist) • Appointments for duration of project to rehabilitate ice rink. Comprehensive Plan Committee • Advertising for members • Appoint committee consisting of: o 2 Council Members o 2 Planning Commissioners o 1 Parks Committee Member o 1 Capital Improvements Committee Rep. o 1 Commercial/ Retail Development Committee Rep. o 3 to 5 Citizens at Large o Administrator o Attorney(?) • Appointments for duration of project to update the Comprehensive Plan (thorough 2008) Commercial and Retail • Advertising for members Development Committee • Appoint committee consisting of: o 2 Council Members o 2 Planning Commissioners o 3 to 5 Citizens at Large o Administrator • Appoint to 3-year terms 3 Meeting Date: 1/23/2007 Agenda Item: h,,e) , City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Consider a request from Jessica Griffith and Cole Herring to reserve the lighted ball field for a wedding ceremony on Saturday, August 25, 2007. Deadline/ Timeline: Background: • Ms. Griffin and Mr. Herring wish to be married on a baseball field. They have already scheduled their wedding reception at the Scandia Community Center and would like to reserve the lighted ball field for the ceremony. • There is no policy in place for reserving ball fields for non-athletic events. We have checked with those responsible for scheduling teams and found that they would not expect to be using the field for baseball on that date. • They have asked for an electrical hook-up for music; permission to set up small tents in the event of rain; and for the field to be raked and striped as if ready for a game. • Electricity is available on the site. City maintenance staff mow and rake the field; however, striping is the responsibility of the users. This has been explained to Ms. Griffin. • They are expecting 50-75 guests for the reception; some parking for the ceremony would occur at the ball field. • Neither the bride or groom, or their parents, are Scandia residents. Recommendation: I recommend that the Council discuss whether or not to allow reservation of the ball field for a wedding and whether or not there should be any rental fee charged. Attachments/ • E-mail from Jessica Griffith Materials provided: Contact(s): Jessica Griffith (651-208-0971) Prepared by: Anne Hurlburt, Administrator (Griffith herring wedding) Page 1 of 1 01/19/07 Page 1 of 1 Main Identity From: <Griffey013@aol.com> To: <b.eklund@ci.scandia.mn.us> Sent: Thursday, January 18, 2007 2:11 PM Subject: Griffith/Herring Wedding Hello Brenda, This is the e-mail regarding the Wedding on the softball field on Saturday August 25, 2007. Here are the important details that hopefully will get our vision in your hands and hopefully approved: My fiancee, Cole Herring is a member of the active Army at this time. He is going through the training course for special forces and is not going to be around to help with the planning but this is what we have talked about when he was here to check different things out. We have our reception hall booked there at the community center that day. We were looking at our ceremony on one of your softball fields (preferably the women's league one with the lights, etc.). The ceremony will be between 15-20 minutes long on the afternoon of Saturday August 25, 2007. As far as parking goes, we were thinking doing some what of a 'shuttle'service from the reception hall to the field and then the people like the grandparents and the parents and the cars with the wedding party in the little field that is typically used for parking can park in there. The number of guests we are expecting are approximately 50-75 for the reception. We can accommodate for more if necessary. If it rains, we do have the EZ UP tents that can be set up for those that will be there and then we are assuming that most people will just meet us at the reception if it does rain and then there is no worry about having to set up a big tent and wrecking the field. We will need electricity for the sound system for the ceremony that our DJ is providing. As far as maintenance/expectations of the field for that day, all we ask is if possible have the fields be drug and looking neat and chalk lines be put in place in the sand as if there was an actual game taking place. If these arrangements cannot be met, my family and I have been in the softball family since I was 5 and even before then, we can rake out the fields and get the chalk from the softball organization. We hope this will give you all the information you will need. If not please don't be afraid to call, you can reach me at 651-208-0971 (Jessica) and Cole will be unreachable through his training phase at this time. Thank you very much for your consideration and time, Jessica Griffith and Cole Herring 1/18/2007 Meeting Date: 1/23/2007 Agenda Item: c f City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Consider hiring Amador Clydesdales to operate a hay ride for the Community Sliding& Skating Party. Deadline/ Timeline: The event is scheduled for Sunday, January 28, 2007 Background: • At the January 16,meeting, the Council decided not to contract with Bunker Park Stables for the hayride due to their requirement that the City assume all risk for the event. • Parks Committee Chair Deb Campobasso has found another operator, Amador Clydesdales from Shafer, MN (www.amadorcl ydesdal es.com) • They are willing to provide the City with a certificate of insurance and name the City as an additional insured for the event. The cost would be $400 plus an additional charge for the insurance, which they estimate would be approximately$50. This is less expensive than the other operator(about $550.) Recommendation: I recommend that Amador Clydesdales be hired for the hay ride, with the condition that they provide a certificate of insurance naming the city as an additional insured prior to the event. Attachments/ None Materials provided: Contact(s): Debbie Campobasso, Park &Rce Committee Chair (651 433-5091) Prepared by: Anne Hurlburt, Administrator (hay ride) Page 1 of 1 01/19/07 Meeting Date: 1/23/2007 Agenda Item: DC 47IAJ CC 5a) Planning Commission/City Council Agenda Report City of Scandia 14727 209`h St. North, P.O. Box 128 Scandia, MN 55073 (651)433-2274 Action Requested: Hold a public hearing on the application of German Lake Ventures, LLC for a preliminary plat and variance for German Lake Vistas. Deadline/ Timeline: 60-day review expires 3/19/07 Background: • Ms. Farrington will present her attached report and recommendations at the hearing on January 23, 2006. • The hearing for this application was originally scheduled for January 9, 2007. When the newspaper failed to print the notice, the hearing was rescheduled and new notices were mailed to neighboring property owners. Recommendation: The planners recommended approval of the variances, with findings listed in the 1/19/07 report. They have also recommended approval of the preliminary plat with conditions. The findings and conditions have been incorporated into a draft resolution for use by the Commission and City Council. Attachments/ • TKDA Memorandum dated 1/19/2007 Materials provided: • Location map • Concept sketch of lands adjacent to German Lake Vistas • E-mails to and from Travis Germundson, Minnesota DNR • Letter from Juanita Voigt Minnesota Department of Transportation • Memo dated 1/19/07 from Emily Ressenger, BRA • Letter dated 1/18/07 and memo dated 1/19/07 from Dan Fabian, Carnelian-Marine Watershed District me,e � 3 ow4- o-I 0 4 er- • Draft resolution 01-23-07-01 • Application materials Page 1 of 2 01/19/07 Contact(s): Ned Froberg, Hult and Associates (651-464- 3130) Prepared by: Anne Hurlburt, Administrator (2007001 german lake vistas pp) Page 2 of 2 01/19/07 TKDA 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul,MN 55101-2140 ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400 (651)292-0083 Fax MEMORANDUM www.tkda.com To: City Council and Planning Reference: German Lake Vistas Preliminary Plat Commission City of Scandia, Minnesota Anne Hurlburt, Administrator Scandia File Number 2007001 Copies To: Robert Briggs Proj. No.: 13582.015 Ned Froberg, Hult &Associates From: Richard E. Thompson,AICP Routing: Berry Farrington Date: January 19, 2007 SUBJECT: German Lake Vistas Preliminary Plat MEETING DATE: January 23, 2007 LOCATION: Section 18: NE 1/4 of the SE 1/4, S 1/2 of the SE 1/4 Section 17: W 1/2 of the NW 1/4 of the SW 1/4 Township 32 North, Range 20 West 11262 Scandia Trail North Scandia, Minnesota APPLICANT: German Lake Ventures, LLC Robert Briggs 1809 Northwestern Avenue PO Box 262 Stillwater, Minnesota 55082 ZONING: Agriculture(AG) and Agriculture Preserves (AP), Shoreland Overlay District 60-DAY PERIOD ENDS: March 19, 2007 ITEMS REVIEWED: 1. Application received by City of Scandia December 1, 2006, 2. Preliminary Plat plan set - revision date January 9, 2007, 3. Ghost plat submitted by Applicant, 4. Washington Conservation District memo dated November 15, 2006, 5. Wetland Delineation Report submitted by Applicant, 6. Mn/DOT letter dated January 18, 2007, 7. Minnesota Department of Natural Resources email comments dated December 21, 2006, 8. Carnelian Marine Watershed District draft comments dated January 17, 2007. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity German Lake Vistas Page 2 January 19, 2007 City of Scandia BRIEF DESCRIPTION OF THE REQUEST: The Applicant proposes a major subdivision of approximately 88.5 acres to create 8 lots. The property is located North of Scandia Trail, west of Lofton Avenue North, and directly south of 218th Street on the eastern shore of German Lake. The proposed 8 lots range in size from 7.73 acres to 14.74 acres. The Applicant requests a variance to allow Lot 5 to have a lot width of 60 feet, and to allow Lot 7 to have a lot width of 120 feet. The Scandia Zoning Ordinance requires 300 feet in each case. BACKGROUND: The subject property is used for agricultural purposes. The majority of the property is zoned Agriculture (AG). A portion of the property is zoned Agriculture Preserves (AP), located south of the boundary between the NE 1/4 - SE 1/4 and the S 1/2 - SE 1/4 (Lot 8). The entire property is within the Shoreland Overlay District because of its location on German Lake. German Lake is classified as a Natural Environment Lake and has an Ordinary High Water(OHW) level of 955.5 feet. EVALUATION OF THE REQUEST: Density and Lot Size The Applicant requests 8 single-family lots, all first-tier lots on the lake shore. The Scandia Zoning Ordinance, Shoreland District, allows a minimum lot size of 5 acres for the first tier of lots on a Natural Environment Lake. The underlying zoning district would apply to the remainder of the land within the Shoreland District. In this case, all lots are within the first tier so the 5-acre minimum lot size standard applies for density calculation purposes. The land area above the OHW for each lot ranges from 5.0 to 9.1 acres. All of the proposed lots meet the minimum lot size requirement of 5.0 acres. Setbacks The required structure setback is 200 feet, and the required sewage treatment system setback is 150 feet, from the OHW. Front yard setback of 40 feet, side yard of 20 feet, and rear yard of 50 feet, are required. Wetland setbacks must be 75 feet from the wetland OHW or 20 feet from the wetland delineation, whichever is greater. All lots meet the German Lake OHW, front yard,rear yard, and side yard setback requirements. Wetlands are present in Lots 1, 2, 3, 5, 6, and 7; these lots meet the wetland setback requirements. Frontage and Lot Width The Scandia Shoreland District for Natural Environment lakes requires a minimum lot width of 300 feet. For lots on the cul-de-sac, the lot width is measured at the front setback line. In addition, lots on a cul de sac must have 60 feet of road frontage. German Lake Vistas Page 3 January 19, 2007 City of Scandia The Applicant requests variances for lot width for Lot 5 and Lot 7. Lot 5 is on the cul de sac and has a width of 60 feet measured at the front setback. Lot 5 does not meet the 300-foot lot width requirement. Lot 7 has a width of 120 feet and also does not meet the 300-foot lot width requirement. The Applicant states the lots are designed with lesser width in order to protect the wetlands, noting that no wetland impacts are proposed. In order to maintain lot widths that meet Ordinance standards, the cul-de-sac would need to be extended northward and through the wetlands. In reference to the variance request, the Zoning Ordinance considers hardship to mean: 1. That the property cannot be put to reasonable use under the conditions in the Ordinance. The hardship is that strict enforcement of the lot width requirement would prevent Lots 5 and 7 from gaining access to the cul-de-sac as designed. Redesigning the cul-de-sac for wider lots would not be possible without impacting wetlands. 2. That the hardship is not caused by the landowner,but is due to circumstances unique to the property. The unique circumstance is the wetlands and their location. 3. That the variance would not alter the essential character of the area. Proposed Lots 5 and 7 are unusual in shape but the Planners do not find the shape of the lots to be altering the essential character of the area. The variance allows for protection of wetlands, which contribute to the character of the area. Buildable Land One acre of contiguous buildable land is required on each lot. The Scandia Zoning Ordinance stipulates that on a Natural Environment lake, the buildable area is the lot area outside of setbacks,but measured from 150 feet from the OHW rather than from the 200 foot setback, and land outside of any floodway, drainageway, or drainage easement. The buildable area for each lot is reported on the site plan,ranging from 1.0 to 3.0 acres. The Blots meet the contiguous buildable land requirement. Lot Coverage/Impervious Surface The Ordinance allows a maximum impervious surface area of 25 percent for each lot. The plans report that each lot will have between .15 and .25 acres of impervious surface, or 3 to 5 percent,below the maximum impervious area allowed. Sewage Treatment System Locations The site plan shows proposed sewage treatment areas and boring locations. All proposed sewage treatment system locations are outside of the 150 foot setback from the OHW and outside of the wetland setbacks. In its letter dated November 15, 2006 the Washington Conservation District has noted areas of sensitive groundwater,particularly on the south portion of the site. The Planners recommend that additional soil borings be taken for sewage treatment systems of Lots 5 and 6, the number of borings to be determined by Washington County Department of Health and Environment through the sewage treatment system permitting process. German Lake Vistas Page 4 January 19, 2007 City of Scandia Streets The Applicant proposes a new City street, Leeward Court North, connecting to Scandia Trail North. Leeward Court North is a cul-de-sac 1,659 feet in length. The Scandia Development Code does not regulate the length of cul-de-sacs. Leeward Court North is located so that street connections from future development could cause the cul-de-sac to be shorter. The Applicant provided two ghost plats to illustrate options of how the surrounding property could be subdivided in the future. One option shows a possible future street off of Leeward Court North, while the second option uses Leeward Court North and Scandia Trail for access. Leeward Court North would be a new access point on State Highway 97. The Minnesota Department of Transportation provided comments in a letter dated January 18, 2007. The letter states Mn/DOT drainage and access permit requirements. The Planners recommend that approval of the preliminary plat be subject to the granting of any required Mn/DOT permits. Driveway Location Lots 1 through 4 have driveway access from 218th Street North. Lots 5 through 8 have access from the proposed cul-de-sac, Leeward Court North. The Planners find adequate site distances for proposed driveways on 218th Street North. Driveways are located as to avoid the wetlands. Low Floor Elevation The Shoreland Ordinance requires that the lowest floor elevation must be 2 feet above the 100 year flood elevation or 3 feet above the highest known water level, whichever is greater. The German Lake highest recorded water level is 957.13 feet. All low floor elevations are 3 feet above this level, 960.13. The Preliminary Plat does not report the 100 year flood elevation. The Carnelian Marine Watershed District comments dated January 17, 2007 identify the German Lake 100 year flood elevation at 958.9 feet. Therefore,the Preliminary Plat needs to be revised so that the lowest floor elevation is 960.9 feet. Park Dedication/Fee The subject property is not within the park search areas or contain the proposed trails designated in the Scandia Comprehensive Parks Plan. The park dedication fee, in lieu of land, is $1,500 per lot, with credit given for the first lot. The park fee due for the project is $10,500. Landscaping Plan The Landscaping Plan shows a mixture of 30 deciduous trees (Northwood Red Maple, River Birch, Common Hackberry,Northern Pine Oak, and Swamp White Oak) with 10 Red Pine. These tree species are listed in the recommended plant materials within the Zoning Ordinance. Five trees are required for each dwelling unit, the 40 trees planned meet the minimum requirement. The tree sizes and species proposed conform to ordinance requirements. Raingardens are proposed for each lot. The notes on the Landscaping Plan indicate that the construction and vegetation of the raingardens should be approved by the Carnelian Marine Watershed District. The Planners • German Lake Vistas Page 5 January 19, 2007 City of Scandia recommend that the Applicant provide background information and instructions for care and maintenance of the raingardens to the property owners. Wetlands and Waterbodies There are five wetlands on the subject property. Approval of the wetland delineation and wetland delineation report must be provided by Washington Conservation District. The Shoreland Ordinance requires that vegetative buffers 50 feet in width must be maintained around wetlands Type 3, 4, and 5. Wetlands 1, 2, and 3 are Type 3 (Lots 1 and 2 and east of Leeward Court North). The shoreline of German Lake also must have a 50 foot vegetative buffer, except each lot may have a lake access corridor of up to 50 feet wide. The Planners recommend that the buffer requirement and a map showing the wetland delineation, setbacks and vegetative buffers be included in the covenants. The Shoreland Ordinance regulates cutting of vegetation along the shore. The Planners recommend that the following vegetative cutting restrictions be included in the covenants. The Ordinance prohibits cutting or removal of trees over 6 inches in diameter,measured two feet above ground level, within the setback(200 feet from OHW). The Ordinance states that dead or diseased trees,or trees posing a documented safety hazard,may be removed. A certificate of compliance must be obtained prior to removal of any trees within the building setback. Carnelian Marine Watershed District Comments The Carnelian Marine Watershed District (CMWD) provided comments in a memo dated January 17, 2007. The comments outline additional information and modifications that need to be addressed relating to drainage, erosion control, wetlands and stormwater management. The Planners recommend that a condition of the Preliminary Plat approval be that a CMWD permit is obtained and comments in the letter from the CMWD dated January 17, 2007 are addressed. City of Scandia Engineer Comments The City Engineer provided comments in memos dated December 8, 2006 and December 18, 2006. The Applicant's engineer provided a written response to comments dated January 9, 2007 with the revised site plans. After reviewing the revised plans, the engineers provided comments on remaining issues to be addressed in a memo dated January 19, 2007. The Planners recommend that a condition of the Preliminary Plat approval be that the Engineer's review finds that the comments of the letter from BRA dated January 19, 2007 are fully addressed. Minnesota Department of Natural Resources Comments The Department of Natural Resources provided comments in an email dated December 21, 2006 and was responded to by the Applicant in an email dated December 22, 2006. One comment related to the buildable area calculation. For Natural Environment Lakes, the Scandia Ordinance uses a 150 foot distance from the OHW rather than using the setback for buildable area calculations. The second comment addressed the wetland between Lots 5 and 6 (Wetland 4). The Planners confirmed with the Washington Conservation District that Wetland 4 is above the German Lake OHW. German Lake Vistas Page 6 January 19, 2007 City of Scandia Both the DNR comments of December 21, 2006 and the Washington Conservation District comments of January 17, 2007 addressed Wetland 4. One concern is that the wetland separates Lot 6's home site from the high ground on the peninsula further west on the lot. The Planners recommend that the covenants include a note that for Lot 6, any proposed crossing of the wetland, such as a footbridge,must be approved by the Washington Conservation District. Xcel Electric Transmission Line Easement There is a power line easement crossing the subject property, Lots 1 thru 5. Xcel Energy uses the easement to access its power lines. No landscaping or structures are proposed within the easement. Lot 2 shows the sewage treatment system area partially within the easement. Xcel Energy's representative stated to the Planner that a septic drainfield in the easement may be damaged by Xcel activity within the easement, such as a truck driving over the drainfield. The Planners recommend that Lot 2's sewage treatment system be located outside of the Xcel easement. Covenants The draft covenants address land use,building type and size, fencing, and easements. The draft covenants indicate that a minimum square footage for homes will be stipulated,though is not defined in the draft. The Planners recommend that the covenants include the wetland buffer, shoreline buffer and vegetative cutting regulations discussed above. ACTION REQUESTED: The Planning Commission can recommend: 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request PLANNING STAFF RECOMMENDATIONS: The Planners recommend approval of the variance request for Lot 5 to have a width of 60 feet and for Lot 7 to have a width of 120 feet, as shown on the Preliminary Plat dated January 9, 2007. The Planners determine that the criteria for granting a variance have been met based on the following findings: 1. Strict enforcement of the lot width requirement would prevent Lots 5 and 7 from gaining access to the cul-de-sac. 2. Redesigning the cul-de-sac so that Lots 5 and 7 conform to the width requirement would cause impact on wetlands. There are no wetland impacts in the preliminary plat as proposed. 3. The unique circumstance is the wetlands and their location, and is not a condition created by the landowner. German Lake Vistas Page 7 January 19, 2007 City of Scandia 4. The proposed Lots 5 and 7 are unusual in shape,but do not alter the essential character of the area. The variance allows for protection of wetlands,which contribute to the character of the area. The Planners recommend approval of the German Lake Vistas preliminary plat dated January 9, 2007 received by the City of Scandia on January 11, 2007, with the following conditions: 1. That the Final Plat is consistent with the Preliminary Plat dated January 9, 2007. 2. That the City Engineer's review finds that the comments of the letter from BRA dated January 19, 2007 are fully addressed. 3. That additional soil borings be taken for the sewage treatment systems of Lots 5 and 6, the number of borings to be determined by Washington County Department of Health and Environment through the sewage treatment system permitting process. All sewage treatment systems must be approved by Washington County. 4. That Washington Conservation District approves the wetland delineation and wetland delineation report. 5. That all required permits from the Minnesota Department of Transportation are granted. 6. That the Carnelian Marine Watershed District permit is obtained and comments in the letter from the Carnelian Marine Watershed District dated January 17, 2007 are addressed. 7. That the lowest floor elevation is 960.9 feet. 8. That the park dedication fee, in lieu of land, of$10,500 is paid. 9. That the Applicant provides background information and instructions for care and maintenance of the raingardens to the buyers. 10. That the buffer requirement and a map showing the wetland delineation, setbacks and vegetative buffers be included in the covenants. The requirements are: vegetative buffers 50 feet in width must be maintained around Wetlands 1, 2, and 3; the shore of German Lake must have a 50 foot vegetative buffer, except for each lot may have a lake access corridor of up to 50 feet wide. 11. That the Shoreland Ordinance vegetative cutting restrictions be included in the covenants. Cutting or removal of trees over 6 inches in diameter, measured two feet above ground level, within the German Lake Ordinary High Water setback is prohibited. Dead or diseased trees or trees posing a documented safety hazard, may be removed. A Certificate of Compliance must be obtained prior to removal of any trees within the building setback. 12. That the covenants include a statement that for Lot 6, any proposed crossing of the wetland, such as a footbridge, must be approved by the Washington Conservation District. 13. That Lot 2's sewage treatment system be located outside of the Xcel easement. 14. That all fees for the attorney, engineer, and planner services are paid. I -- e• \ • r fs' • e ; • II• , L:--: 1, R21W nRLNln • I. _ T7`NI 1 ,Ti2N • I • T!INI i 1 PIN -1 tek.:.i I I i :11 `; / ::: I'll i _ 729N I 128N• • T?7Nfrf T27N • .. i� R22W R21W R2OW • , ` • 1l ' ' GERKE . • • •• Vicinity Map .- • i 1 ` I 1 • . •‘rr= GERMAN LAKE�� -- .- _ _ _ ! T • .\ • Scale in Feet 1000 • 40/5 hdea 'tlrai I '�t _1"Jll," _.Irk \e • • 1 ` I SS • ,-- ,,, • - ( • . 7 . German Lake Vistas cs- • ://. .. '''' /I . Preliminary Plat • yai — - BIG MARINE L • •�r '�j ij,, • • • i• •/ rta^ nM raaJid•�uyMM /` T}i eG9e✓ W:".7.! LnvY'"':" • Location Map . / � aw� a . 1 corr. a December s ism u HULT & ASSOCIATES, INC. SURVEYORS, ENGINEERS, & WETLAND SPECIALISTS FOREST LAKE, MN CONCEPT SKETCH OF LANDS ADJACENT DATE: 12/21/2006 TO GERMAN LAKE VISTAS x 0 GRAPHIC SCALE rt # [. 0 150 300 600 900 ` 'Si It! 1 INCH = 300 FEET 1% z g I •. A .% '`. � f at. i. � ter kip` ��r x..r..,„-- $s - Jb # � �, , A01 % . * 5° . t , ,, . V .i ..,4, ir'' '' *e ' .' -:17"14* -1f-4 * =• lea,..• _§ s:.x • ,. e _ iF . _ �", $a' • ' ' 23.0 ACRES F7 r :. iti!' 3.0 ACRES i' w` kfr- Fl 2. ACRES 7.5 ACRES F5 ii 2.0 ACRES F4 2.0 ACRES o fr F2 F3 2.0 ACRES 20.0 ACi ! a (F2.F2BrAi2C)r .:.. F9 'p M. ;+ F2B 20.0 ACRES - 20.0 ACRES ri ..‘,AL#• r 1 (F9,F9B) (F10,F10B) • g HULT & ASSOCIATES, INC. SURVEYORS, ENGINEERS, d WETLAND SPECIALISTS FOREST LAKE. MN CONCEPT SKETCH OF LANDS ADJACENT DATE: 12/21/2006 TO GERMAN LAKE VISTAS • `- --�-�r a .�• ". �y *e '. 0 0,4404. 44 41 h 3 ' "' GRAPHIC SCALE c ` ,,„',�' -? ,- 0 150 300p 0.1. a'"" 600 900 - R" n I .1111111111 I. at j .. - 1 INCH = 300 FEET x - t:- ;,tom z � ' .. #..�° :, r 4;', } :0 M ♦ , -�.£ try.' s y r+ 11 Y ai4. .*), It t ♦ ^ ;� Y'+'' 9 - '** 1 -• ~_♦ may► V� .41 ' ,' . wo '►' :... ,. `'e �` 52.i. °44CRES : • 3.0 ACRES ROB 7.5 ACRES 2 ri 2.6 ACRES .8 ACRES 2.3 ACRES ' F8F7 F6 POSSIBLE FUTURE STREET F2 P. "., F2—C 21 3.0 ACRES „ 3.0 ACRES ( 'I2.9 ACRES F3 r ' g 1 d 2 Berry E. Farrington From: Torry Kraftson [tkraftson@mfra.com] Sent: Friday, December 22, 2006 7:47 AM To: Berry E. Farrington Subject: RE: German Lake Vistas- DNR comments Berry/Travis, I have the following response to the comments. 1. The strucure setback is 200 feet from the OHW, but the ordinance requires an acre buildable and specifically allows that acre buildable to be measured to the septic setback of 150 feet from the OHW. The hatched area represents the buildable area per ordinance and demonstrates that it is greater than 1 acre on each lot. The method of determining this area has been confirmed by the County and the Township. The 200-foot building setback is also noted on the preliminary plat. 2. We have surveyed the elevation of the mouth of wetland 4 (between lots 5 and 6) and it is above the ordinary high elevation of the lake. 3. There will be no public utilities installed and no dewatering is anticipated. 4. There will be no impacts or construction below the ordinary high elevation of the lake. Additionally, there are no wetland impacts proposed. If you have any additional questions or comments or would like to discuss these issues further, please feel free to give me a call. Thanks. I will be on Vacation between Christmas and New's Years. Sincerely, Torry Kraftson Hult and Associates/MFRA P.O. Box 37 Forest Lake, MN 55003 phone 651.464.3130 fax 651.464.4822 email tkraftson@mfra.com Original Message From: Berry E. Farrington [mailto:berry.farrington@tkda.com] Sent: Thursday, December 21, 2006 2:53 PM To: Torry Kraftson Subject: FW: German Lake Vistas Torry, please find below comments from the DNR that need to be addressed. Thanks - Berry Original Message From: Travis Germundson [mailto:Travis.Germundson@dnr.state.mn.us] Sent: Thursday, December 21, 2006 2:34 PM • To: Berry E. Farrington Subject: Fwd: German Lake Vistas I have reviewed the materials on the German Lake Vista Preliminary Plat, received December 14, 2006, located within the shoreland district of German Lake (82-56P) . Based upon my review of the documents I have the following comments to offer: 1. The required structure setback for an unsewered lot on a Natural Environment Lake is 1 200' . This setback requirement should be factored into the area exclusive of setbacks as illustrated in a dotted pattern on the plat. 2. It appears that the OHWL extends into a shallow fringe wetland area between Lots 5 and 6. This could have impacts on the proposed building pads located on those lots along with the lot area. Therefore, I would recommend that a detail survey be conducted in that location to document the extend of that boundary. 3 . If construction involves dewatering in excess of 10,000 gallons per day or 1 million gallons per year, a DNR appropriation permit is needed. 4. Any activity, such as placing a stormwater outfall below the OHWL, which alters the course, current, or cross-section, is under the jurisdiction of the DNR and may require a DNR permit. Thank you for submitting the preliminary plat to the DNR for review. If you have any questions, please contact me at 651-772-7914. Travis Germundson Area Hydrologist DNR Waters 1200 Warner Rd. St. Paul, MN 55106 651-772-7914 2 •""ES0 4? Minnesota Department of Transportation 01 Metropolitan District °F,WP4' Waters Edge RECEIVED 1500 West County Road B-2 Roseville MN 55113-3174 JAN 16 2007 January 9, 2007 CITY OF SCANDIA Anne Hurlburt City Administrator P.O. Box 128 City of Scandia,MN 55073-0128 SUBJECT: German Lake Vistas,Mn/DOT Review#P06-128 North side of TH 97,East of Manning Trail, south of 218th Street City of Scandia,Washington Co. Control Section 8212 / Ref. Point: 007+00.600 Note: This letter is being re-issued as the previous letter, dated January 4, 2007, referred to a left turn lane that is no longer required.. Dear Ms. Peterson: The Minnesota Department of Transportation(Mn/DOT)had reviewed the above referenced plat in compliance with Minnesota Statute 505.03, subdivision 2,Plats. Before any further development,please address the following issues: ■ A westbound right turn lane is required. Please refer to Mn/DOT Road Design Manual (http://www.dot.state.mn.us/tecsup/rdm/), Figure 5-3.01C, for details. If you wish to coordinate with Mn/DOT's Mill and Overlay project, the construction of the turn lanes will need to be completed by 9/01/2007. That will allow Mn/DOT to overlay the entire section. The current cross section for TH 97 in this area includes 2— 12 foot lanes and 10 foot shoulders. The cross section for TH 97 with the necessary turn lane should include a 12 foot right-turn lane and a 12 foot through lane. The developer would be., responsible for the 12 foot right turn lane. Please contact Jerome Adams, of\` Mn/DOT's Metro Design Section, at 651-634-2162, if you have any questions regarding this issue. • According to the submitted plat, all stormwater run-off is directed away from Mn/DOT right of way. However, since the proposed project includes plans for turn lanes, a drainage permit is required, to ensure proper design of the new roadside ditch, etc. Additional right of way may be needed to construct the proper sized/shaped ditch. Please contact Rusty Nereng at 651-634-2111 with any questions regarding this issue. • Any use of or work within or affecting Mn/DOT right of way requires a permit. An access permit is required. The Permit application must include plans showing the required right turn lane and bypass lane,including signing and striping. As mentioned above, a drainage permit is also required. Permit forms are available from MnDOT's utility website at www.dot.state.mn.us/tecsup/utility . Please include one 11 x 17 plan set and one full size plan set with each permit application. An equal opportunity employer Please direct any questions regarding permit requirements to Buck Craig (651-582- 1447) of MnDOT's Metro Permits Section. ■ Please send a copy of the final plat for Mn/DOT review to the following address: Brad Canaday Mn/DOT—Metro East Surveys 3485 Hadley Ave. N. Oakdale, Minnesota 55128 Phone: (651) 779-5007 Thank you for your early coordination with our agency. We look forward to working with you on this development. If you have any questions please feel free to contact me at (651)634-2083. As a reminder, please address all initial future correspondence for development activity such as plats and site plans to: • Development Review Coordinator Mn/DOT-Metro Division Waters Edge 1500 West County Road B-2 Roseville, Minnesota 55113 Mn/DOT document submittal guidelines require three (3) complete copies of plats and two (2) copies of other review documents including site plans. Failure to provide three (3) copies of a plat and/or two (2) copies of other review documents will make a submittal incomplete and delay Mn/DOT's 30-day review and response process to development proposals. We appreciate your anticipated cooperation in providing the necessary number of copies, as this will prevent us from having to delay and/or return incomplete submittals. Si erely, T7a /� A uanita Voigt Transportation Planner Copy: Mike Welling/Washington County Surveyor LBonestroo Mem o Rosene Anderlik& As Engineers&Architects Project Name: German Lake Vistas Client: City of Scandia To: Tom Peterson File No: 568-06-134 From: Emily Resseger Date: 01-19-07 Re: Drainage Review Developer: German Lake Ventures, LLC Engineer: Hult & Associates, Inc., Forest Lake Submittal: Plans, Drainage Report Plan Sheets: Preliminary Plat, SWPPP, Plan & Profile, Details Date of Plans: 01-08-07 Date Received: 01-11-07 Summary of Recommendations Based on our review of the German Lake Vistas development, we offer the following comments. Details on each recommendation are included in the following section of this memo. For ease of reference, the numbers of the recommendations listed below match the numbers of their detailed explanations, listed in the following section. 1. The outlet from the infiltration basin should be riprapped. 2. A pipe outlet for Wetland 2 should be provided. 3. The pond and infiltration basin HWLs should be determined by assuming the infiltration basins fail to infiltrate. 4. The pond and infiltration basin should be rearranged so that the pond receives the majority of direct road runoff. 5. The pond should be enlarged so its mean depth is a minimum of 3 feet. 6. All drainage features should be located in drainage and utility easements. 7. A maintenance plan for the pond and infiltration basins should be discussed with the City. Bonestroo, Rosene,Anderlik and Associates, Inc. www.bonestroo.com St.Paul Office: Milwaukee Office: Rochester Office: Willmar Office: St.Cloud Office: Grayslake Office: 2335 West Highway 36 1516 West Mequon Road 112 7`h Street NE 205 5th Street SW 3721 23rd Street S 888 East Belvidere Road St.Paul,MN 55113 Mequon,WI 53092 Rochester,MN 55906 Willmar,MN 56201 St.Cloud,MN 56301 Grayslake,IL 60030 Phone:651-636-4600 Phone:262-241-4466 Phone:507-282-2100 Phone:320-214-9557 Phone:320-251-4553 Phone:847-548-6774 Fax:651-636-1311 Fax:262-241-4901 Fax:507-282-3100 Fax:320-214-9458 Fax:320-251-6252 Fax:847-548-6979 Bonestroo Memo 0 Rosene AA ssociatender &s Engineers&Architects Drainage Review Details As requested, the German Lake Vistas development has been reviewed for compliance with the requirements and standards of the City of Scandia. The plans were found to not meet the City's requirements and standards. Details regarding our findings and recommendations follow below. Background The development site is located north of State Highway 97 (Scandia Trail North) and south of 218th Street North, along the west side of German Lake. Currently the south portion of the site is agricultural and the north part of the site is grassland and woods. Runoff from the site drains to five on-site wetlands and to German Lake. The five wetlands ultimately drain to the lake. 4 rural residential lots are proposed along the south side of 218th Street North, and a new road, Leeward Court North is proposed off of Scandia Trail North to serve an additional 4 lots. The road extension and adjacent land are proposed to be treated by a storm water pond and two infiltration basins before discharging to German Lake. Drainage The submitted plan was reviewed for drainage. A summary of recommendations follows below. 1. A riprapped outlet should be provided for the infiltration basin. 2. A pipe should be provided under the Lot 1 driveway as an outlet for Wetland 2. 3. 2-ft of freeboard should be provided between the 100-yr HWL of ponds, wetlands, and infiltration basins and adjacent low home elevations. The 100-yr HWL of ponds, wetlands, and infiltration basins should be determined by the more conservative method of modeling them at their outlet elevations in case they fail to infiltrate. The 100-yr HWL of the pond and infiltration basins should be adjusted. Water Quantity The submitted hydraulic calculations and plans meet City requirements. Water Quality The submitted water quality calculations were reviewed. A summary of recommendations follows below. Bonestroo, Rosene,Anderlik and Associates, Inc. www.bonestroo.com St.Paul Office: Milwaukee Office: Rochester Office: Willmar Office: St.Cloud Office: Grayslake Office: 2335 West Highway 36 1516 West Mequon Road 112 7'h Street NE 205 5th Street SW 3721 23`d Street S 888 East Belvidere Road St.Paul,MN 55113 Mequon,WI 53092 Rochester,MN 55906 Willmar,MN 56201 St.Cloud,MN 56301 Grayslake,IL 60030 Phone:651-636-4600 Phone:262-241-4466 Phone:507-282-2100 Phone:320-214-9557 Phone:320-251-4553 Phone:847-548- 6774 Fax:651-636-1311 Fax:262-241-4901 Fax:507-282-3100 Fax:320-214-9458 Fax:320-251-6252 Fax:847-548-6979 Bonestroo Mem o �0 Rosene Anderlik Associates Engineers&Architects 4. The pond and infiltration basin should be rearranged so that the pond intercepts the majority of direct road runoff prior to discharge to the infiltration basin to prevent infiltration basin failure. 5. The City requires ponds have a mean depth (volume divided by surface area) greater than or equal to 4 feet in order to allow for proper water quality functioning. With such a small site, a mean depth of 3 feet for the pond is acceptable. Slopes below the 10:1 bench may be adjusted to a maximum of 3:1 (the City standard) to meet the 3 feet mean depth requirement. Other Concerns 6. All pond, wetland, and infiltration basin areas should be located in drainage and utility easements. The infiltration basin is not shown in an easement on the preliminary plat. 7. A maintenance plan for the pond and infiltration basins should be discussed with the City. Bonestroo, Rosene,Anderlik and Associates,Inc. www.bonestroo.com St.Paul Office: Milwaukee Office: Rochester Office: Willmar Office: St.Cloud Office: Grayslake Office: 2335 West Highway 36 1516 West Mequon Road 112 7th Street NE 205 5th Street SW 3721 23rd Street S 888 East Belvidere Road St.Paul,MN 55113 Mequon,WI 53092 Rochester,MN 55906 Willmar,MN 56201 St.Cloud,MN 56301 Grayslake,IL 60030 Phone:651-636-4600 Phone:262-241-4466 Phone:507-282-2100 Phone:320-214-9557 Phone:320-251-4553 Phone:847-548- 6774 Fax:651-636-1311 Fax:262-241-4901 Fax:507-282-3100 Fax:320-214-9458 Fax:320-251-6252 Fax:847-548-6979 Carnelian-Marine Watershed District Scandia Plaza II,21150 Ozark Ave.P.O. Box 188,Scandia,MN 55073 January 18, 2007 RECEIVED Mr. Torry Kraftson/Mr. Marc Dolezal Hult and Associates, Inc. JAN 1 9 2007 P.O. Box 37 Forest Lake, MN 55025 CITY OF SCANDIA Re: CMWD Permit Review Comments for German Lake Vistas—Major Subdivision German Lake Subwatershed Management Area CMWD Permit Application No. 07-002 Dear Mr. Kraftson: Please find enclosed the CMWD comments on the above referenced subdivision. In addition to these comments we noted that the County Atlas identifies the George Lindgren Trust as owner and gives a different property address. Please verify property owner's and address. Feel free to call me at (651) 292-4512. All future submittals to the CMWD should be sent directly to my office at EOR, Inc., 651 Hale Avenue North, Oakdale, MN 55128. Sincerely, it.?‘„ Daniel A. Fabian, P.E. CMWD Engineer Enclosure, C: John Bower, CMWD President Steve Kronmiller, CMWD Treasurer Jyneen Thatcher, WCD (City Wetlands Consultant) Anne Hurlburt, Scandia Administrator Bob Briggs, Applicant Berry Farrington, TKDA (City Planner) Managers John Bower Richard Bohrer Richard Caldecott Victoria Dupre Steve Kronmiller 430-2793 433-5461 439-7385 439-8266 433-4042 Carnelian-Marine Watershed District P.O. Box 188,Scandia,Minnesota 55073 Drainage Plan Review for: CMWD Permit Application No. 07-002 Date: January 17,2007 Plan Review By: EOR, Inc.—Dan Fabian,P.E. (CMWD Engineer) (651) 770-8448 (phone) Project Title: German Lake Vistas— Major Subdivision Applicant: Owner's German Lake Ventures, LLC Kevin and Suzanne Nickelson(Owner's) Bob Briggs 11262 Scandia Trail No. 1809 Northwestern Ave. Scandia, MN 55073 Stillwater, MN 55082 (651)433-5482 (651)351-2112 (phone) Site Plan by: Hult and Associates, Inc. Drainage Plan by: Hult and Associates, Inc. Marc Dolezal Tony Kraftson, P.E. P.O. Box 37 P.O. Box 37 Forest Lake, MN 55025 Forest Lake, MN 55025 (651)484-3130 (phone) (651)484-3130 Project Start Date: Spring 2007 Project Completion Date: Fall 2007 RECOMMENDATION: Withhold permit approval until the Buffer, Grading Drainage and Erosion Control Plans and Plat have been revised to address the following comments to the satisfaction of the CMWD board and Engineer. COMMENTS: A. General Comments and Drainage Plan Sheet: 1. Applicant has paid the $700.00 permit application fee but still needs to submit the $2,800.00 cash surety. The cash surety(less expense related to any non-compliance with permit) is refundable once the project is completed and approved by CMWD engineer. 2. This project is located adjacent to German Lake. German Lake is a high quality resource that is a landlocked basin. Proposed development is an 8-lot rural residential subdivision. Project will variances from the City subdivision ordinance for road frontage and lot width on some lots. 3. Drainage plan and plat sheets are incomplete and do not include all of the required submittal information. a. Plat will also need to identify 100-yr flood elevation for each storage basin (natural or manmade) and lowest allowable floor elevation for each building site. The 100-yr Flood Elevation for German Lake is 958.9 ft. Low floor elevations need to be a minimum of 3-ft above this elevation. b. The drainage easements also need to be shown and need to encompass the 100-yr flood elevations for all basins, including those that are typically dry. Managers John Bower Richard Bohrer Richard Caldecott Victoria Dupre Steve Kronmiller 430-2793 433-5461 439-7385 439-8266 433-4042 CMWD - (CMWD Permit Application No. 07-002) 01/17/2007 Page 3 B. Erosion Control Plan: 1. Erosion control plan shall be approved by the City Engineer and Washington Conservation District. 2. More detail is needed on protection of infiltration basin capacity during construction activities. 3. Developer's agreement with City should include requirement for home builders to implement erosion and sediment control plans for construction of individual homes and driveways. Protection of the open space area and infiltration capacity of the landlocked depression and wetlands needs to be a priority. Erosion Control Plans for individual lots, need to be approved by Washington Conservation District and/or City Engineer. 4. If applicant is proposing to use the proposed infiltration basin as a temporary sediment basin,then the erosion control plan must include grading of the temporary sediment basin which shall restrict grading to no closer that 2-ft above the proposed final grade of the infiltration basin until the site is stabilized with permanent vegetation. C. Wetlands: 1. The road and several driveways encroach on wetland buffers and possibly the wetland itself. D. Stormwater Management Facility Maintenance Agreements, and Recordation and Easement Declaration: When a developer proposes to construct a wet detention basin, outlet structure, culvert, outfall structure, or other stormwater management facilities (buffers, natural or constructed infiltration basins, stormwater ponds, treatment swales or other stormwater management BMP's) the developer must submit a maintenance agreement. The maintenance agreement shall specify the methods, schedule, and responsible parties for maintenance. The agreement must provide that the maintenance activities will be performed by either the property owner or the local government. The executed maintenance agreement must be recorded with the County within I0 days of the issuance date of the permit. CMWD - (CMWD Permit Application No. 07-002) 01/17/2007 Page 2 c. Native vegetation buffers in accordance with CMWD requirements need to be established around the existing wetlands and proposed basins. Buffers are measured from the delineated edge of wetland. d. Drainage Plan sheets need to be included with the rest of the construction plans and need to identify the subwatershed divides,the elevation, discharge and live storage information for each basin for the 2-yr, 10-yr and 100-yr storm events. Dead storage volumes provided to meet the CMWD's volume control requirement also needs to be identified on the drainage plan sheet. e. Provide on-going maintenance plans for the proposed, infiltration,treatment and storage basins and identify party responsible(and documentation)for implementation of plan. If it is the City provide a letter from City that they will be maintained as part of their road or other maintenance program and provide them with a copy of the maintenance plan. If a homeowners group will be responsible for the maintenance provide a review copy of the declarations/homeowners agreement that makes that responsibility legally binding on the homeowners for CMWD approval prior to filing with the County. f. A plan Sheet delineating the buffers is needed. Several of the proposed driveways,road and a couple structures appear to be located within the buffer areas. This needs to be corrected. Information on CMWD minimum buffer widths was previously provided to Developers Engineer. g. Strawbales should not be used for ditch checks. B. Drainage Computations: 1. Expand on the narrative provided describing methods and assumptions include supporting documentation. For example,what assumptions were used to determine the infiltration rates, siting of infiltration basins and raingardens? Lots should be assumed fully developed to the amount allowed by City and County zoning requirements. 2. Drainage computations need to include the entire property, including areas draining directly to German Lake and offsite areas draining to the property. 100-yr Flood Elevations for landlocked basins need to use the 100-yr 10-day Snowmelt event as the minimum design event for determining allowable low floor elevations for landlocked basins. If the landlocked basin is located in the easement area then it is acceptable to assume the positive overflow elevation of the basin as the 100- yr flood elevation for that basin. 3. The discharges to German Lake which is a landlocked basin. Therefore both rate and volume for the 2-yr, 10-yr, and 100-yr 24-hr storm events must be must be restricted to predevelopment conditions. More information on design of proposed infiltration basins and raingardens including supporting documentation, soil borings, separation from groundwater etc. The proposed infiltration at the end of the road appears to encroach on the wetland and probably doesn't meet the separation from groundwater requirement. 4. Determination of curve numbers for existing conditions must be based on the soil types for each subwatershed. Information submitted indicates that the site is a mix of type A,B, C, D soils as assumed in the drainage computations. Pre-development conditions need to assume a pre- agricultural land use. Assumption of ungrazed meadow is acceptable. For developed conditions lawns should be assumed as type B soils even if type A soils are existing, based upon the assumption that the owner will import black dirt to make a lawn. 5. A boring is needed for the proposed infiltration basin to prove soils are conducive to infiltration at the rates included in the design. CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 01-23-07-01 GERMAN LAKE VISTAS PRELIMINARY PLAT AND VARIANCE WHEREAS, German Lake Ventures LLC has made application for a major subdivision, preliminary plat for eight residential lots, and application for a variance to allow Lot 5 to have a lot width of 60 feet, and to allow Lot 7 to have a lot width of 120 feet, located at 11262 Scandia Trail North; and WHEREAS, the property is legally,destibead as follows: • The Southeast Quarter of the Northeast Quarter, Section 18, Township 32 North, Range 20 West, Washington County, Minnesota and those parts of the Northeast Quarter of the Southeast Quarter and the South Half of the Southeast Quarter of said section 18 and the West Half of the Northwest Quarter of the Southwest, Quarter of Section 17, Township 32 North, Range 20 West, Washington County Minnesota, described as follows: Beginning at the Southeast corner of said South Half of the Southeast Quarter; thence North 2 degrees 01 minute 44 seconds West, assumed bearing along the East line of said South Half of the Southeast Quarter, a distance of 1094.64 feet; thence.northerly 123.01 feet along a tangential curve, concave to the west, said curve having a radius of 333.00 feet and a central angle of 21 degrees 09 minutes 57 seconds; thence northerly 320.52 feet along a reverse curve, concave to the east, said curve having a radius of 267.00 feet and a central angle of 68 degrees 46 minutes 53 seconds; thence easterly, northeasterly, and northerly121.47 feet along a non-tangential curve, said curve having a radius of 60.00 feet, a central angle of 115 degrees 59 minutes 31 seconds, and a chord that bears North 49 degrees 27 minutes 02 seconds East; thence North 8 degrees 32 minutes 44 seconds West 233.92 feet; thence North 65 degrees 19 minutes 24 seconds West to the East line of said Northeast Quarter of the Southeast Quarter; thence northerly along said East line to the North line of said Northeast Quarter of the Southeast Quarter; thence westerly along said North line to the West line of said Northeast Quarter of the Southeast Quarter; thence southerly along said West line to the southwest corner of said Northeast Quarter of the Southeast Quarter; thence southeasterly to a point on the South line of the North 290 feet of said South Half of the Southeast Quarter, distant 747.33 feet westerly of the East line of said South Half of the Southeast Quarter (as measured along said South line); thence easterly along said South line to the West line of the East 66.00 feet of said South Half of the Southeast Quarter; thence southerly Resolution No.: 01-23-07-01 Page 2 of 4 along said West line to the South line of said South Half of the Southeast Quarter; thence easterly along said South line to the point of beginning; and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on January 23, 2007, and has recommended approval; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the request of German Lake Ventures LLC for a major subdivision preliminary plat and variance,based on the following findings: 1. Strict enforcement of the lot width requirement would prevent Lots 5 and 7 from gaining access to the cul-de-sac. 2. Redesigning the cul-de-sac so that Lots 5 and 7 conform to the width requirement would cause impact on wetlands. There are no wetland impacts in the preliminary plat as proposed. 3. The unique circumstance is the wetlands and their location, and is not a condition created by the landowner. 4. The proposed Lots 5 and 7 are unusual in shape,but do not alter the essential character of the area. The variance allows for protection of wetlands, which contribute to the character of the area. FURTHER BE IT RESOLVED,that the following conditions of approval shall be met: 1. That the Final Plat is consistent with the Preliminary Plat dated January 9, 2007. 2. That the City Engineer's review finds that that the comments of the letter from BRA dated January 19, 2007 are fully addressed. 3. That additional soil borings be taken for the sewage treatment systems of Lots 5 and 6, the number of borings to be determined by Washington County Department of Health and Environment through the sewage treatment system permitting process. All sewage treatment systems must be approved by Washington County. 4. That Washington Conservation District approves the wetland delineation and wetland delineation report. 5. That all required permits from the Minnesota Department of Transportation are granted. 6. That the Carnelian Marine Watershed District permit is obtained and comments in the letter from the Carnelian Marine Watershed District dated January 17, 2007 are addressed. • Resolution No.: 01-23-07-01 Page 3 of 4 7. That the lowest floor elevation is 960.9 feet. 8. That the park dedication fee, in lieu of land, of$10,500 is paid. 9. That the Applicant provides background information and instructions for care and maintenance of the raingardens to the buyers. 10. That the buffer requirement and a map showing the wetland delineation, setbacks and vegetative buffers be included in the covenants. The requirements are: vegetative buffers 50 feet in width must be maintained around Wetlands 1, 2, and 3;the shore of German Lake must have a 50 foot vegetative buffer, except for each lot may have a lake access corridor of up to 50 feet wide. 11. That the Shoreland Ordinance vegetative cutting restrictions be included in the covenants. Cutting or removal of trees over 6 inches in diameter,measured two feet above ground level, within the German Lake Ordinary High Water setback is prohibited.Dead or diseased trees or trees posing a documented safety hazard, may be removed. A Certificate of Compliance must be obtained prior to removal of any trees within the building setback. 12. That the covenants include a statement that for Lot 6, any proposed crossing of the wetland, such as a footbridge,must be approved by the Washington Conservation District. 13. That Lot 2's sewage treatment system be located outside of the Xcel easement. 14. That all fees for the attorney, engineer,and panner services are paid. Adopted by the Scandia City Council this 23rd day of January, 2007. Dennis D. Seefeldt, Mayor ATTEST: City Clerk Resolution No.: 01-23-07-01 Page 4 of 4 State of Minnesota ) ) ss. County of Washington ) I, the undersigned, being the duly qualified and appointed Clerk of the City of Scandia, Minnesota do hereby certify that I have carefully compared the foregoing resolution adopted at a meeting of the Scandia City Council on , 2007 with the original thereof on file in my office and the same is a full, true and complete transcript thereof. Witness my hand as such City Clerk and the corporate seal of the City of Scandia, Washington County, Minnesota this day of , 2007. Anne Hurlburt Administrator/Clerk City of Scandia consider the proposal being presented by German Lake Ventures and the harm that the condensed development will bring with their proposal. Granting variances for this project would be contrary to the State's policies on water protection. I will be attending the public hearing on this matter before the Scandia Council and Planning Commission and intend to provide further comments at that time to clarify what I believe are errors and omissions on the proposal being presented to Scandia Government. Thank you for your consideration. I � J 1 John Lindell P. C . La) • l� `a) RECEIVED January 19, 2007 JAN 2 l Z007 CITY OF SCANDIA Mayor and City Council of Scandia Scandia Planning Commission 14727 209th Street North P.O. Box 128 Scandia, MN 55073 This letter is in response to the proposal for development of property near German Lake that is being proposed by German Lake Ventures, LLC to be considered by the City of Scandia on January 23, 2007. In consideration of this proposal, the City of Scandia should be aware of the policies and guidance provided by the Governor and the Minnesota State Legislature. The Minnesota Legislature has long recognized the important value of the state's water resources and has taken action to preserve and protect these waters and their adjacent lands. The Legislature has adopted Statewide Standards for Management of Shoreland Areas which are codified in Minn. Rules Chapter 6120. The Minnesota DNR has also developed a Guide for Buying and Managing Shoreland which states that: Water is one of Minnesota's most valuable resources. Lakes, rivers, and wetlands are important assets to Minnesotans. The "Land of 10,000 Lakes" actually has 11,842 lakes over 10 acres in size and more than 63,000 miles of natural streams and rivers. An adequate supply of clear fresh water is vital to life, agriculture, commerce, and industry. Recreational use of waters provides enjoyment and contributes to the state's economy. Water provides many benefits to Minnesotans, and it is important to protect and manage it. High-quality water is essential for a healthy state economy. Managing public waters and adjacent shorelands helps maintain and improve water quality. Careful management also protects and improves visual and scenic values -- qualities not easily measured until they are lost. Water and near shore areas are critical to health and well being of fish, wildlife, and native plants. Fish and wildlife are highly dependent on vegetated shorelines to provide healthy spawning areas, as well as habitat for feeding, resting, and mating life stages. Fishing and hunting are benefits of good shoreline management practices. Wildlife observation is best along riparian areas with healthy vegetation. Education, legislation, and good environmental practices by Minnesotans are important to maintaining and improving water quality and scenic resources in Minnesota. In light of the State's policies on the protection of waters, Scandia Government should Meeting Date: 1/23/2007 Agenda Item: c b� Planning Commission/City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Hold a public hearing on proposed Ordinance No. 96, amending Section 5 of Chapter 3 of the Development Code to require a public hearing for minor subdivisions. Deadline/ Timeline: N/A Background: • While there has been a practice of holding public hearings for minor subdivisions, the Development Code does not technically require a hearing. • At a workshop meeting with the Town Board and Planning Commission on November 28, 2006,Attorney Hebert recommended that the ordinance be amended. The Board and Commission agreed that a hearing should be scheduled at the January Planning Commission meeting. • The draft ordinance, prepared by the City Attorney, would require a public hearing by the Planning Commission or Council, with a published notice and mailed notice to property owners within 500 feet, for all minor subdivisions. Recommendation: I recommend that the Planning Commission hold the public hearing and make a recommendation to the Council whether or not to adopt the ordinance. Attachments/ • Draft Ordinance No. 96 Materials provided: Contact(s): David Hebert, City Attorney (651 464-3397) Prepared by: Anne Hurlburt, Administrator (2007002 ord minor sub) Page 1 of 1 01/18/07 CITY OF SCANDIA ORDINANCE NO. 96 AN ORDINANCE AMENDING SECTION 5 OF CHAPTER 3 OF THE DEVELOPMENT CODE OF THE CITY OF SCANDIA AND REQUIRING A PUBLIC HEARING FOR MINOR SUBDIVISIONS The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 5 of Chapter 3 of the Development Code of the City of Scandia is hereby amended by adding a new subsection 5.5.5 as follows: 5.5.5 Approval of a minor subdivision by the City Council shall only be given after a public hearing is held by the Planning Commission or the City Council. Notice of the purpose, time and place of such public hearing shall be published in the official newspaper at least 10 days prior to the day of hearing. Mailed notice of the hearing shall be made to each of the owners of all property located within a minimum of 500 feet of the property being subdivided and such other persons as the City Council or Planning Commission may direct. The hearing shall be held within sixty (60) days of the date the request for subdivision is presented to the Clerk/Administrator unless approval of the Commissioner of Transportation and/or the County Highway Engineer is required, in which event final action on the subdivision request shall not be taken until after the comments and recommendations of the Commissioner of Transportation and/or County Highway Commissioner have been received or until the 60 day review period has elapsed. Passed and adopted by the City Council of the City of Scandia this 23rd day of January, 2007. Dennis D. Seefeldt, Mayor ATTEST: Anne Hurlburt, Clerk/Administrator 2007002 1 Meeting Date: 1/23/07 Agenda Item: )06 '7 1 c Planning Commission/City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Conduct a hearing and take comments from the public on the amendment to the Scandia Development Code regarding Open Space and Conservation Subdivisions. Following testimony and discussion, approve the amendment and adopt as part of the Scandia Development Code. Deadline/ Timeline: N/A Background: • Over the last few years, as Scandia has received more open space subdivision requests, it has become apparent that the ordinance was in need of revision. The major issue was the matter of density bonuses. As the ordinance is currently written, it is very easy to make an argument for 100 percent bonuses. Thus developers come in to the community with concept plans based upon 100 percent bonuses. (Often, the developers have either purchased or optioned land based upon maximum bonus density.) The community has found itself in the position of having to argue against the full bonus. • There are a number of factors that make a project eligible for bonuses, including historic preservation, affordable housing, community sewage and water systems, preservation of woodlands etc. The planning commission has revised the list of eligible bonus activities, assigned new values, and determined that the maximum bonus allowed is 100 percent. • A key difference in the new Open Space Conservation Ordinance is that a potential applicant must demonstrate that he or she is meeting one or a combination of eligible criteria in order to claim a bonus. Without demonstrating addressing criteria, an applicant will not receive the bonuses. • This ordinance amendment will change the name of these subdivisions from Open Space Development to Open Space Conservation Subdivision. Page 1 of 2 01/19/07 Recommendation: • That the Planning Commission and City Council hear and consider testimony from the public regarding the proposed changes in the ordinance. • That taking into account those comments, the Planning Commission and Council either modify the ordinance or adopt the changes to the Open Space Conservation Subdivisions Sections of the Scandia Development Code. Attachments/ • Scandia City--Ordinance No.97: An Ordinance Amending Certain Materials provided: Sections of Ordinance No. 74 Pertaining to Zoning and Subdivision Regulations Contact(s): Richard Thompson, 651/292-4474 Prepared by: Richard Thompson, Senior Planner (2007003 ord 97 open space cons sub) Page 2 of 2 01/19/07 CITY OF SCANDIA ORDINANCE NO. 97 AN ORDINANCE AMENDING CERTAIN SECTIONS OF ORDINANCE NO. 74 PERTAINING TO ZONING AND SUBDIVISION REGULATIONS The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1. All references within the Development Code to open space design, open space development, or open space design development are hereby changed to Open Space Conservation Subdivisions or OSCS, except within Chapter One, Section 2. Definitions as amended as follows. Section 2. Chapter One, Section 2. Definitions is hereby amended as follows: Cluster Development: see Open Space Conservation Subdivision. Historic Building and Structure: A structure which has been identified by the Washington County History Network Inventory or the State Historic Preservation Office and other undesignated structures such as residences and barns having public value due to the notable architectural or historic features relating to the cultural heritage of the County and the City. Open Space Conservation Subdivision: A grouping of residential structures on smaller lots than allowed in the specific zoning district, leaving some land dedicated as open,space. Major subdivisions where bonus lots are allowed providing for the maximum protection of agricultural lands, ecologically significant areas, natural landscapes, scenic attributes, open space, and cultural features. Open Space Development: see Open Space Conservation Subdivision. Section 3. Chapter Two. Section 12. is hereby renamed Open Space Conservation Subdivisions. Section 4. Section 12.1. Purpose and Scope (first paragraph only) is hereby amended as follows: Open Space Conservation Subdivisions (OSCS) are established to encourage rural housing clusters. All major subdivisions where bonus lots are requested shall be Open Space Conservation Subdivisions (OSCS), providing for the maximum protection of agricultural lands, ecologically significant areas, natural landscapes, scenic attributes, open space, and cultural features. OSCS must meet the following purposes: 1 Section 5. Section 12.2. Definitions (4) Historic Building and Structure and (8) Open Space Conservation Subdivision(OSCS) are hereby amended as follows: (4) Historic Building and Structure: A structure which has been identified by the Washington County History Network Inventory or the State Historic Preservation Office and other undesignated structures such as residences and barns having public value due to the notable architectural or historic features relating to the cultural heritage of the County and the City. (8) Open Space Conservation Subdivision: A grouping of residential structures on smaller lots than allowed in the specific zoning district, leaving some land dedicated as open space. Major subdivisions where bonus lots are allowed providing for the maximum possible protection of ecologically significant areas, natural landscapes, scenic attributes, open space, and cultural features. Section 6. Section 12.9(3) Bonus Density is hereby amended as follows: (3) Bonus Density. An open space conservation subdivision that provides the minimum open space for the zoning district and meets the other purposes of Chapter Two, 12.1 shall receive a 25% bonus. The number of bonus lots allowed is directly tied to the quantity and quality of preservation and protection afforded natural landscapes, open space,and cultural features. The maximum bonus permitted in the "AG" District is 100% and in the "SR" District is 25%. No bonus is permitted in the"SFE"District. The number of density units determined in (2) above may be increased by the percentage indicated if the development complies with one or a combination of the following standards. Determination of actual bonus densities shall be based upon findings of the Planning Commission and decision of the City Council. (A) Providing affordable housing, to include a minimum of 25 percent of all units that would be affordable to moderate- income households, as defined by the Metropolitan Council for the latest year in which the affordable housing threshold is established. 5 (B) Preservation of historic features and historic buildings and structures, identified as those sites inventoried by the Washington County History Network and the State Historic Preservation Office and other undesignated structures such as residences and barns having public value due to the notable architectural or historic features relating to the cultural heritage of the County and the City. 10 % 2 (C) Orientation of at least 75% of the lots around one clearly defined central focal point such as one or more of the following: 1. A central green or square. 2. A physical amenity such as a meadow, a stand of trees, a stream or other water body, or some other natural feature. 15 % (D) A street designed with boulevards planted with shade trees and with a central "parkway" or median, at least 25 feet wide. 5 % (E) Utilization of a community sewage disposal system. 10 % (F) Utilization of a community water system. 15 % (G) Preservation of or establishment of woodlands and forests as identified by the Minnesota Land Cover Classification System. 10 (H) Preservation of agricultural lands (areas currently used for agriculture) with prime soils as identified by the Metropolitan Council's Digital Atlas. 10 % (I) Protection of ecologically sensitive features. These areas are defined as those identified as such by the Minnesota DNR's Metro Area Ecological Assessment. 10 % (J) Preservation of native plants and animal habitat as identified by the Minnesota County Biological Survey and areas within the DNR-designated habitat corridors. 10 % (K) Preservation of priority scenic views as identified by the City, especially as viewed from public roads and property. 10 % (L) Creating open space that is contiguous to existing designated open space or part of potential open space defined as areas sharing a boundary with parks, public lands, planned parks and trails, and areas under conservation easement. 10 % (M) Preservation of natural drainage systems through the use of Best Management Practices for stormwater management including but not limited to raingardens, rainbarrels, swales, and infiltration trenches. 10 % 3 (N) Restoring native habitat appropriate to the site as recommended by the City's ecologist based on the ecologist's field analysis. 10 % (0) Implementing open space stewardship practices as recommended by the City's ecologist based on the ecologist's field analysis. 10 % Section 7. Section 12.10(2)(H) is hereby deleted. Section 8. The words in the left hand column adjacent to 12.10(2)(H) "The "focal point" insures that the central feature of the development is always either a natural feature or "designed"open space such as a green or parkway" are hereby deleted. Section 9. Section 13.4(2) is hereby amended as follows: (2) For Open Space Conservation Subdivisions, at least one "pre-concept" or "workshop" meeting shall be held before going to the Planning Commission for the formal concept review. The purpose of the pre-concept meeting is to obtain agreement on the general design and layout of the subdivision, the project focal point(s), and in particular, to identify environmentally sensitive areas, natural landscapes, natural and cultural features and open space that is to be preserved on the project. The Applicant shall provide an aerial photo with 2-foot contour lines for the"pre-concept"meeting. Passed and adopted by the City Council of the City of Scandia this 23rd day of January, 2007. ATTEST: Dennis D. Seefeldt, Mayor Anne Hurlburt,Clerk/Administrator 2007003 4 a Meeting Date: 1/23/2007 Agenda Item: 1 y Planning Commission/City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651)433-2274 Action Requested: Conduct a hearing and take comments from the public on Ordinance Number 98, Woodland and Tree Preservation. Following testimony and discussion, approve the amendment and adopt as part of the Scandia Development Code. Deadline/ Timeline: N/A Background: • Last spring the Town Board, Planning Commission and Rural Landscape Preservation Committee began discussion about the need for regulating tree removal as part of the subdivision review process. • In the fall of 2006 the Town Board and Planning Commission held several workshops to develop the draft Woodland and Tree Preservation regulations. • The Woodland and Tree Preservation regulations state that applicants must submit a Woodland Preservation Plan if requesting: 1. major subdivision, 2. minor subdivision, and 3. all requests that require a Landscaping Plan, when significant trees or significant woodlands exist in the proposed construction zone. • The Woodland Preservation Plan identifies existing significant trees and woodlands on the site, identifies those woods and trees proposed to be removed, and shows the proposed planting of the required replacement trees and woodlands. • The regulations define the required number and size of replacement trees, species requirements for replacement trees, and required and recommended tree protective measures. Required warranties and performance guarantees are also addressed. • The Woodland and Tree Preservation regulations would be inserted as Section 9.11 into the Development Standards, Chapter 2 of the Scandia Development Code. The portions of Section 9 which follow would be renumbered accordingly. Page 1 of 2 01/19/07 9 Recommendation: • That the Planning Commission and City Council hear and consider testimony from the public regarding the proposed changes to the ordinance. • That taking into account those comments, the Planning Commission and Council either modify the ordinance or adopt Ordinance No. 98. Attachments/ • Draft Ordinance No. 98, An Ordinance Amending Chapter 2 Of Materials provided: The Development Code Of The City Of Scandia And Pertaining To The Zoning And Subdivision Regulations Regarding Woodland and Tree Preservation Contact(s): Berry Farrington, 651/726-7904 Prepared by: Berry Farrington, Planner (2007004 ord 98 Woodland Preservation) Page 2 of 2 01/19/07 CITY OF SCANDIA ORDINANCE NO. 98 AN ORDINANCE AMENDING CHAPTER 2 OF THE DEVELOPMENT CODE OF THE CITY OF SCANDIA AND PERTAINING TO THE ZONING AND SUBDIVISION REGULATIONS REGARDING WOODLAND AND TREE PRESERVATION The City Council of the City of Scandia, Washington County, Minnesota hereby ordains that: Section 1. The following Woodland and Tree Preservation Ordinance is hereby added to Chapter Two of the New Scandia Development Code. Sections 9.11 through 9.14 are hereby renumbered and shall be referenced as follows: 9.11. Woodland and Tree Preservation 9.12. Screening and Landscaping 9.13. Signs 9.14. Building Type And Materials Section 2. As a result of Section 1, above, the following reference changes are hereby made to Chapter Two of the Development Code. In Section 9.10.Parking(3)(H),text in the left column referring to "Section 9.11(4)(H)" is hereby changed to "Section 9.12(4)(H)". In Section 9.13. Signs(5),reference within the paragraph to"Section 9.12(4)(L)"is hereby changed to"Section 9.13(4)(L)". In Section 9.13.Signs(6)(A),reference within the paragraph to"Section 9.12(4)(L)"is hereby changed to"Section 913(4)(L)". In Section 10.13.Horne Occupations(3)(C),reference within the paragraph to"Chapter Two, Section 9.12"is hereby changed to "Chapter Two, Section 9.13". In Section 10.17. Light Manufacturing(3)(D),reference within the paragraph to"Chapter Two, Section 9,11"is hereby changed to "Chapter Two, Section 9.12". In Section 10.19. Motor Vehicle Repair(3)(G),reference within the paragraph to "Chapter Two, Section 9.11"is hereby changed to "Chapter Two, Section 9.12". In Section 10.20. Motor Vehicle Service Station(3)(K),reference within the paragraph to "Section 9.11"is hereby changed to "Section 9.12". In Section 10.22. Place of Worship(3)(B),reference within the paragraph to"Section 9.11"is hereby changed to "Section 9.12". In Section 10.24. Public Recreational Facility(3)(F),reference within the paragraph to "Section 9.11"is hereby changed to "Section 9.12". 1 In Section 10.28. Schools(3)(B),reference within the paragraph to"Section 9.11"is hereby changed to "Section 9.12". In Section 10.35. Warehousing and Distribution(3)(D),reference within the paragraph to "Section 9.11"is hereby changed to "Section 9.12". In Section 10.37. Yard Waste Facilities (3)(C),reference within the paragraph to"Section 9.11"is hereby changed to "Section 9.12". In Section 12. Open Space Conservation Subdivision 12.10(5)(B)4.,reference within the paragraph to "Section 9.11(4)(B)"is hereby changed to "Section 9.12(4)(B)". Section 3. Chapter Two, Section 9.11, Woodland and Tree Preservation is hereby added as follows: (1) Purpose. The preservation and protection of trees and woodlands can significantly add to the quality of the physical environment of the community. The City recognizes the value of trees and woodlands for improving air quality, scenic beauty,protection against wind and water erosion, shade,natural insulation for energy conservation, wildlife habitat,and protecting the integrity of the natural environment. (2) Definitions. (A) Applicant: Any person or entity that is required to submit and implement an approved Woodland Preservation Plan under this section. The Applicant shall be the person proposing the minor or major subdivision or commercial development. (B) Caliper Inch: The diameter of a tree measured at 54 inches above ground level. (C) Coniferous Trees:A wood plant which,at maturity,is at least twelve(12) feet or more in height,is cone-bearing and has thin needlelike leaves. (D) Construction Zone: Any area in which movement of earth,alteration in topography, soil compaction,disruption of vegetation,change in soil chemistry,change in groundwater or surface water hydrology, or other change in the natural character of the land occurs as a result of the site preparation, grading, building construction,or any other construction activity. Examples include road rights-of-way,house and driveway construction areas and drainfields,ponding areas,etc. (E) Critical Root Zone(CRZ): An imaginary circle surrounding the tree trunk radius distance of one(1) foot per one(1) inch of tree diameter,(i.e., a twenty (20)inch diameter tree has a CRZ with a radius of twenty(20) feet). (F) Drip Line: The farthest distance away from the trunk that rain or dew will directly fall to the ground from the leaves or branches of the tree. 2 (G) Invasive tree species: a tree species that is non-native to the ecosystem and whose introduction causes economic or environmental harm. Invasive tree species include,but are not limited to Common Buckthorn(Rhamnus cathartica), Glossy Buckthorn(Rhamnus frangula),Tartarian Honeysuckle (Lonicera tatarica), Amur Maple(Acer ginnala), and Siberian Elm(Ulmus pumila). (H) Multi-trunk Tree. A multi-trunk tree is considered as one tree if the trunk forks at a height 54 inches above ground level. For multi-trunk trees that fork at or below 54 inches, each trunk is considered a separate tree. (I) Native Coniferous Tree: Includes,but not limited to,White Pine,Jack Pine, and Tamarack. (J) Primary Deciduous Tree: Native deciduous trees including,but not limited to American Mountain Ash (Sorbus americana), Black Ash(Fraxinus nigra), Showy Mountain Ash(Sorbus decora), White Ash(Fraxinus americana), American Basswood(Tilia americana), Paper Birch(Betula papyrifera), Yellow Birch(Betula alleghaniensis), Black Walnut (Juglans nigra),Blue Beech (Carpinus caroliniana),Butternut(Carpinus caroliniana), Black Cherry(Prunus serotina), Pin Cherry(Prunus pensylvanica), American Elm (Ulmus americana),Bitternut Hickory(Carya cordiformis), Shagbark Hickory(Carya ovata),Hackberry(Celtis occidentalis), Ironwood (Ostrya virginiana), Sugar Maple(Acer saccharum),Black Maple(Acer nigrum),Red Maple (Acer rubrum),Mountain Maple(Acer spicatum), Silver Maple (Acer saccharinum),Black Oak\(Quercus velutina),Bur Oak(Quercus macrocarpa),Chestnut Oak'(Quercus muehlenbergii),Northern Pin Oak (Quercus ellipsoidalis), Northern Red Oak(Quercus rubra), and White Oak (Quercus alba). (K) Secondary Deciduous Tree:Native deciduous trees that are Quaking Aspen (Populus tremuloides),Box Elder(Acer negundo),Green Ash (Fraxinus pennyyvvanica),and Eastern Cottonwood(Populus deltoides). (L) Significant Tree: A healthy tree measuring a minimum of six(6)caliper inches for all primary deciduous trees,a minimum of twenty(20)caliper inches for all secondary deciduous trees,or a minimum of twelve(12) feet in height for all native coniferous trees. (M) Significant Woodland: a treed area of at least 15,000 square feet or more which includes significant trees. (N) Woodland: a treed area of at least 15,000 square feet. (3) Applicability. (A) A Woodland Preservation Plan shall be required for: 1. Any Preliminary Plat when significant trees or significant woodlands exist in the proposed construction zone. 3 2. Any Minor Subdivision when significant trees or significant woodlands exist in the proposed construction zone. 3. Any Landscape Plan as required by Section 9.12 of this Chapter when significant trees or significant woodlands exist in the proposed construction zone. Dead, non-diseased (B) A Woodland Preservation Plan shall not be required for: trees that are not hazardous may be left 1. Removal of diseased trees. All diseased,hazardous,dead and dying standing to provide trees may be removed. wildlife habitat. 2. Removal of invasive tree species. Invasive tree species are encouraged to be removed and chemically treated with appropriate herbicides and application methods to discourage re-sprouting and minimize ecological impacts. (C) Woodland Preservation Plan Requirements.. 1. All Woodland Preservation Plans shall be certified by a forester, ecologist,landscape architect or other qualified professional retained by the Applicant. 2. The Woodland Preservation Plan shall include the following information: (a) Boundary lines of the property with accurate dimensions as established by a survey. (b) Location of existing and proposed buildings, structures,parking lots,roads,impervious surfaces and other improvements. (c) Proposed grading plan with two-foot contour intervals and limits of the construction zone. (d) Location of all significant woodlands, area in square feet and acres, and description of natural community type or predominant canopy,tree species,identified in both graphic and tabular form. (e) Location of all existing significant trees, size by caliper inch, scientific name, and common name for all areas of the site identified in both graphic and tabular form. (t)" Location of significant trees and significant woodlands proposed to be removed within the construction zone, identified in both graphic and tabular form. (g) Measures to protect significant trees and significant woodlands, as required by Section 9.11(7). (h) Size, scientific name,common name,and location of all replacement trees proposed to be planted on the property to replace significant trees and/or significant woodlands proposed to be removed. (i) The name(s), telephone number(s), and address(es)of Applicants, property owners,developers,and/or builders. (j) Signature and qualifications of the person preparing the plan. 4 (4) Replacement Provisions. All significant trees and significant woodlands removed shall be replaced. (A) Significant Tree Replacement. All significant trees removed must be replaced by the Applicant as determined by the tree replacement schedule. Option A,B or C, or some combination may be proposed by the Applicant. 1. Tree Replacement Schedule. Size of Tree Damaged or Number of Replacement Trees Destroyed A < B C Deciduous trees at Deciduous trees at Deciduous trees at least 4 caliper least 2.5 caliper least 1.5 caliper inches; inches; inches; Coniferous trees Coniferous trees Coniferous trees at least 12 feet in' at least 6 feet in\ at least 4 feet in height height height Coniferous, 12 to 24 feet high t 2 4 Coniferous,greater than 2 4 8 24 feet in height Primary Deciduous, 1 2 4 6 to 20 inches diameter Primary Deciduous,greater 2 4 8 than 20 inches in diameter Secondary Deciduous, 1 2 4 20 to 30 inches diameter Secondary Deciduous,greater 2 4 8 than 30 inches diameter 2. Tree Replacement Fund In the event that sufficient land area on the subdivision or commercial lot is not available to plant the replacement trees, as'determined by the City,the Applicant shall provide to the City payment for the planting of the required trees elsewhere at a rate of$100 per caliper inch. (B) Significant Woodland Replacement. All significant woodlands removed must be replaced by the Applicant.The number of replacement trees shall be determined by either of the following methods, whichever yields the greater number of replacement trees. 1. Replacement of significant trees within the significant woodland that are damaged or destroyed,per the Tree Replacement Schedule. 2. Replacement for every 125 square feet of significant woodland damaged or destroyed,or increment thereof,with: (a) One(1)deciduous tree of at least 4 caliper inches or one(1) coniferous tree at least 12 feet tall; or 5 (b) Two(2) deciduous trees of at least 2.5 caliper inches or two (2) coniferous trees at least 6 feet tall; or (c) Four(4)deciduous trees of at least 1.5 caliper inches or four(4) coniferous trees at least 4 feet tall. (C) Species Requirement. 1. The City may require that the replacement species is identical to the removed species. 2. Where ten(10) or more replacement trees are required,not more than fifty(50)percent of the replacement trees shall be of the same species of tree without the approval of the City. 3. Trees planted to replace significant woodland must be arranged in stands to provide a habitat similar to the damaged or destroyed habitat. (D) Warranty Requirement. Any replacement tree which is not alive or healthy, as determined by the City, or which subsequently dies due to construction activity within two(2)years of the tree's planting,,shall be removed by the Applicant and replaced with a new healthy tree meeting the same minimum size requirements within eight (8)months of removal. (E) Landscaping Requirements. The planting of trees for mitigation shall be in addition to any other landscape requirements of the City. (F) Shoreland Overlay District. Trees and woodlands within the Shoreland Overlay District are subject to the requirements stated in Section 11.2,in addition to the regulations of this Section. (5) Required Protective Measures. The following measures shall be utilized to protect significant trees and significant woodlands during any type of grading or construction: (A) Installation of snow fencing or polyethylene laminate safety netting placed at the drip line or at the perimeter of the critical root zone(CRZ),whichever is greater, of significant trees and significant woodlands to be preserved. No grade change,construction activity,or storage of materials shall occur within this fenced area. (B) Identification of any oak trees requiring pruning between April 15 and July 1 to avoid the spread of Oak Wilt. Any oak trees so pruned shall be required to have any cut areas sealed immediately with an appropriate non-toxic tree 6 wound sealant. The sealant shall be kept on site for the duration of pruning, grading and construction activities. (C) Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints. (6) Recommended Protective Measures The following tree protection measures are suggested to protect significant trees and/or significant woodland that are intended to be preserved: (A) Installation of retaining walls or tree wells to preserve trees. (B) Placement of utilities in common trenches outside of the drip line of significant trees,or use of tunneled installation. (C) Use of tree root aeration,fertilization, and/or irrigation systems. (D) Transplanting of significant trees into a protected area for later moving into permanent sites within the construction area. (E) Therapeutic pruning. (7) Review Process. The Woodland Preservation Plan shall be reviewed by the City to assess the best possible layout to preserve significant trees and significant woodland,and to enhance/the efforts to minimize damage to significant trees and woodland.The Applicant shall meet with the City Planner prior to submission of the Preliminary Plat or Planning Request Application to determine the most feasible and practical placement of buildings,parking,driveways, streets,storage,and other physical features in order that the fewest significant trees and significant woodlands are destroyed or damaged, (8) Compliance with the Plan. (A) Implementation of the Plan. The Applicant shall implement the Woodland Preservation Plan prior to and during any construction. The tree protection measures shall remain in place until all grading and construction activity is terminated,or until a request is made to and approved by the City. No significant trees or significant woodland shall be removed until a Woodland Preservation Plan is approved. (B) Performance Guarantee. The Applicant shall provide the required performance guarantee following preliminary approval of the Woodland Preservation Plan and prior to any construction and/or grading. 7 The amount of the performance guarantee to be submitted, specific to the Woodland preservation fulfillments, shall be calculated as follows: 1. An amount to guarantee preservation of all trees identified by the approved Woodland Preservation Plan to be preserved within the Construction Zone shall be deposited with the City. The amount shall be calculated by multiplying the total caliper inches of significant trees to be preserved by the rate of payment of$100.00 per caliper inch and the total square feet of significant woodland to be preserved at the rate of$1.50 per square foot. 2. Following written request by the Applicant for acceptance,the performance guarantee will be released upon verification by the City that the Woodland Preservation Plan was followed and that the tree replacement schedule was complied with where necessary; in no event shall the performance guarantee be released earlier than one(1)year after the date of the project closure. (C) Noncompliance. If a significant tree or significant woodland that was intended to be preserved is removed without permission of the City,or damaged so that it is in a state of decline within one(1)year from date of project closure,the cash performance guarantee, $100.00 per caliper inch of significant tree or $1.50 per square foot of significant woodland,shall be remitted to the City. The City shall have the right to inspect the development and building site in order to determine compliance with the approved Woodland Preservation Plan.The City shall determine whether compliance with the Woodland Preservation Plan has been met. Section 4. Chapter Two, Section 9.12, Screening and Landscaping, Article(4) Design Standards and Guidelines, is hereby amended to add(A) as follows: (A) Woodland Preservation Plan. A Woodland Preservation Plan shall be submitted as per Section 9.11 of this Chapter. Section 5. Chapter Two, Section 9.12, Screening and Landscaping, Article (4)(E) Existing Trees, and accompanying subparagraphs 1 and 2 are hereby deleted. Passed and adopted by the City Council of the City of Scandia this 23rd day of January, 2007. ATTEST: Dennis D. Seefeldt, Mayor Anne Hurlburt, Clerk/Administrator 2007004 8 • Meeting Date: 1/23/2007 Agenda Item: e (i 4 CC 6e) Planning Commission/ City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Consider the application of Jon Rodgers for a variance from setback requirements to construct a new septic system for an existing home located at 23409 Lofton Avenue North. Deadline/ Timeline: 60-day review period (extension) expires on March 19, 2007 Background: • The public hearing was held on December 5, 2006. The matter was tabled to the January meeting in order to obtain more information on the septic design,to clarify the lot lines and the Ordinary High Water line of Bone Lake. It was also suggested that the applicant look at acquiring property across the road. • Township Planner Berry Farrington will present her revised report and recommendations at the hearing. Recommendation: The planners recommended approval of the variances, with conditions listed in the report. The findings and recommendations have been incorporated into a draft resolution for use by the Commission and City Council. Attachments/ • Draft resolution 01-23-07-02 Materials provided: • TKDA Memorandum (Revised) January 16, 2007 • Application materials Contact(s): Berry Farrington, TKDA 651 292-4400 Prepared by: Anne Hurlburt, Administrator (rodgers) Page 1 of 1 01/18/07 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 01-23-07-02 RODGERS VARIANCE FOR SEWAGE TREATMENT SYSTEM SETBACKS WHEREAS, Jon Rodgers has made application for a variance to allow a setback of 33.5 feet from the sewage treatment system to Bone Lake Ordinary High Water level and a setback of 45 feet from the sewage treatment system to the well, located at 23409 North Lofton Avenue; and WHEREAS, the property is legally described as follows: The South 200 feet of the North '/2 of Government Lot 7, Section 5, Township 32, Range 20, lying East of the Public Highway 25 now out and traveled over and across said tract, Washington County,MN.; and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on December 5, 2006 and January 23, 2007, and has recommended approval; and NOW,THER EFOR;BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA,WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the request of Jon Rodgers for a variance,based on the following findings: 1. Strict enforcement of the setback requirements would prevent construction of the sewage treatment system, which is required in order for the applicant to sell the property for residential use. 2. Construction of a new sewage treatment system that meets Washington County Department of Public Health standards would better safeguard the environment than use of the current system. 3. The hardship is caused by the unique features of the lot, that it is an existing quarter acre lot created before the Ordinance standards were in place. 4. If the Washington County Department of Health and Environment finds that the proposed sewage treatment system can safely provide for long-term sewage disposal needs, and will not jeopardize the water quality of Bone Lake or groundwater quality, the variance Resolution No.: Page 2 of 3 would not alter the essential character of the area. The replacement sewage treatment system allows for use of the existing nonconforming structure. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. That the sewage treatment system is located as shown on the site plan dated November 10, 2006, and that the setback of 33.5feet from the OHW is verified. 2. That the title issue is satisfactorily resolved and has no impact upon location of the new septic system. 3. That Washington County Department of Public Health and Environment finds that the proposed sewage treatment system can safely provide for long-term sewage disposal needs, will not jeopardize the water quality of Bone Lake or groundwater quality, and that a permit is granted. 4. That the applicant understands that the granting of the setback variance applies only to replacement of the sewage treatment system, and does not imply the granting of any future variance requests, such as to construct a new home on the site or to make improvements to the existing structure worth more than 50%of the appraised value of the existing structure. 5. That the effluent is monitored and meets a strict standard for nitrate nitrogen and phosphorous content. The standard will be to/drinking water quality standards or as close to it as is feasible as determined by the Washington County Department of Public Health and Environment. Monitoring frequency will be determined by the Washington County Department of Public Health and Environment. 6. That the monitoring reports be prepared and certified by a licensed septic system designer experienced with the proposed system. 7. That all fees are paid. Adopted by the Scandia City Council twenty-third day of January, 2007. Dennis D. Seefeldt, Mayor ATTEST: City Clerk Resolution No.: Page 3 of 3 State of Minnesota ) ) ss. County of Washington ) I, the undersigned, being the duly qualified and appointed Clerk of the City of Scandia, Minnesota do hereby certify that I have carefully compared the foregoing resolution adopted at a meeting of the Scandia City Council on January 23, 2007 with the original thereof on file in my office and the same is a full, true and complete transcript thereof. Witness my hand as such City Clerk and the corporate seal of the City of Scandia, Washington County, Minnesota this day of , 2007. Anne Hurlburt Administrator/Clerk City of Scandia TKDA 444 Cedar Street,Suite 1500 Saint Paul,MN 55101-2140 ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400 (651)292-0083 Fax MEMORANDUM www.tkda.com To: Planning Commission, City Council, Reference: Rodgers Variance Request Anne Hurlburt, Administrator City of Scandia Copies To: Jon Rodgers Proj. No.: 13582.019 From: Richard E. Thompson, AICP Berry Farrington Routing: _ Date: November 30, 2006 REVISED January 16, 2007 SUBJECT: Rodgers Variance Request MEETING DATE: January 23, 2007 LOCATION: 23409 Lofton Avenue North New Scandia, Minnesota APPLICANT: Jon Rodgers ZONING: Agricultural District(AG), Shoreland District 60-DAY PERIOD: extended to March 19, 2007 ITEMS REVIEWED: Attachment 1. Application and Site Plan Attachment 2. Letter dated December 6, 2006, from Planner to Applicant Attachment 3. Letter dated December 20, 2006, from Applicant Attachment 4. Larson Plumbing and Heating sewage treatment system design Attachment 5. Letter dated December 20, 2006, from Washington County Attachment 6. Email from Department of Natural Resources. BRIEF DESCRIPTION OF THE REQUEST: The Applicant requests a variance to allow a new septic system that does not meet the New Scandia Development Code setback requirements. The variance would be to allow a setback of 33.5 feet from the sewage treatment system to the Bone Lake Ordinary High Water level and a setback of 45 feet from the sewage treatment system to the well. The property is at 23409 Lofton Avenue North on the west shore of Bone Lake (Attachment 1). It is approximately a quarter of an acre and is a nonconforming lot. There is an existing 1,076 square foot house on the property with an existing well and septic system. The Applicant is not proposing a new building on the site but repairs would be made to the existing structure. A new well is also proposed. The application states that the existing septic system is believed to be an open-bottomed wood tank. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Rodgers Variance Page 2 November 30, 2006 City of Scandia REVISED January 16, 2007 BACKGROUND: The Planning Commission tabled the request on December 5,2006 so that additional information could be obtained from the Applicant. The Planners sent a letter listing the information needed(Attachment 2). The subject property is zoned Agriculture District, Shoreland Overlay. The property is located on Bone Lake, a Recreational Development Lake. The Ordinary High Water(OHW) level of Bone Lake is 909.1 feet. The Scandia Development Code allows the issuance of a variance, "where it is determined that,by reason of exceptional circumstances, the strict enforcement of the Zoning Regulations would cause unnecessary hardship."The Zoning Ordinance considers hardship to mean; 1.)that the property cannot be put to reasonable use under the conditions in the Ordinance, 2.) that the hardship is not caused by the landowner, but is due to circumstances unique to the property, and 3.) that the variance would not alter the essential character of the area. EVALUATION OF THE REQUEST: Additional Information Provided by the Applicant The Applicant sent a letter in response to the request for additional information(Attachment 3). Below is a list of the comments from the Planners' letter with a description of the additional information provided by the Applicant. 1. Detailed septic system design, including dimensions of the proposed septic area and demonstration that this area is adequate for the sewage treatment system. The Applicant provided the system design by Larson Plumbing and Heating(Attachment 4). The system is a peat biofilter treatment system. The overall dimensions of the septic tanks, lift station and biofilter are 30 feet by 10 feet. The proposed septic area shown on the site plan is also 30 by 10 feet. 2. A letter from Washington County Department of Public Health and Environment indicating that the proposed sewage treatment system design is acceptable for this location. Pete Gan7e1,Washington County Department of Public Health and Environment provided a letter describing the system (Attachment 5). The letter states that the proposed treatment is appropriate for the requested reduced setback from Bone Lake. The letter also states that the system will be subject to an annually renewed monitoring and mitigation plan. Washington County continues to be the government body responsible for Individual Sewage Treatment System permitting and monitoring. 3. The area in square feet that is in question regarding the title issues described on the survey. The Applicant's letter(Attachment 3) states that the area in question cannot be determined based on the existing legal description. Washington County tax data report that the subject property is a quarter acre. Based on the configuration of the adjacent parcels,the road and the lake, the Planners expect that the area in question would not be so large as to alter the nature of the sewage treatment system design and location. Rodgers Variance Page 3 November 30, 2006 City of Scandia REVISED January 16,2007 4. Determination whether land maybe available for purchase or if an easement may be obtained from adjoining property owners,including across the street, for the sewage treatment system. The Applicant's letter(Attachment 3) states that the adjacent properties are not large enough to accommodate a septic system for the subject property. The Applicant states he has been unable to contact the property owner across Lofton Avenue, and has indicated to the Planner that he has tried to make contact. 5. Staking of the location of Bone Lake Ordinary High Water level. The Applicant's letter states that he requested that the surveyor stake the OHW. The Planners' site visit on January 5,2007 found that the OHW was not staked. The Planners measured 33.5 feet from the sewage treatment system location to the edge of the lake. Additional information: The Department of Natural Resources provided comment that the variance request appears reasonable given the site constraints(Attachment 6). Sewage Treatment System The Applicant proposes a septic tank and drainfield to replace the existing system on this nonconforming lot. The Applicant wishes to sell the property which necessitates an upgraded sewage treatment system. The type of the existing system is not known but thought to be an open-bottomed wood tank. There is not adequate space on the parcel for a secondary sewage treatment area. The Applicant is seeking an ISTS permit from the Washington County Department of Public Health and Environment. The Planners recommend that if the variance is granted,that a condition of approval be a determination from Washington County Department of Public Health that the proposed sewage treatment system can safely provide for long-term sewage disposal needs, will not jeopardize the water quality of Bone Lake or groundwater quality, and that a permit is granted. Setbacks The subject property is an existing nonconforming lot that is smaller than would be allowed in a standard subdivision today. Due to its small size of.25 acres, the parcel is not big enough to allow for the proposed septic system to meet setback requirements. The Shoreland Ordinance requires a 75-foot setback from the OHW for sewage treatment systems. A 100-foot separation between the well and drainfield are also required. The setback requirements are in place to provide for public health and safety by preventing contamination of surface water and groundwater. A variance to the OHW setback and the well setback would be required in order to replace the existing septic system. The Applicant requests a setback of 33.5 feet from the OHW and a setback of approximately 45 feet from the proposed replacement well. Strict enforcement of the setback requirements would prevent construction of the sewage treatment system, and therefore prevent the sale of the property for residential use. Construction of a new sewage treatment system that meets Washington County Department of Public Health standards would better safeguard the environment than use of the current system. Rodgers Variance Page 4 November 30, 2006 City of Scandia REVISED January 16,2007 Nonconforming Structure The New Scandia Zoning Ordinance, Section 12, addresses nonconformities. The existing house is a nonconforming structure. The Ordinance allows repairs costing up to 50%of the appraised value to be made to nonconforming structures without a variance. Improvements worth more than 50%of the home's appraised value would require multiple variances in this case, such as lot size,buildable area, OHW and front yard setbacks, and maximum impervious surface requirements. Construction of a new structure on the subject property would also require variances. Therefore, future improvements to the existing house may not exceed 50%of its appraised value. The Applicant should understand that if the variance is granted, that it applies only to replacement of the sewage treatment system. The granting of a variance for the sewage treatment system does not imply the granting of any future variance requests, such as to construct a new home on the site or to make improvements to the existing structure worth more than 50%of the appraised value of the existing structure. Potential Title Issues The survey notes that there are potential title issues. The surveyor indicated that because the legal description includes "half of a Government Lot"the southern property line is ambiguous. However, the ambiguity results in a potential gap between the subject property and the neighboring property to the south -not an overlap and property line dispute. Also, the legal description includes "East of the Public Highway"which could be interpreted as east of the centerline or east of the edge of the right-of-way. The Applicant's December 20, 2006 letter reports that the title issues will be resolved within 90 days. Because the variance request is for the sewage treatment system and not for changes close to the property line such as a fence, the planners find that consideration of the variance request would not need to wait for resolution of the potential title issues. ACTION REQUESTED: The Planning Commission can recommend: 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request PLANNING STAFF RECOMMENDATIONS: The Planners recommend approval, with conditions, of the variance at 23409 North Lofton Avenue to allow a setback of 33.5 feet from the sewage treatment system to Bone Lake Ordinary High Water level and a setback of 45 feet from the sewage treatment system to the well. The Planners determine that the criteria for granting a variance have been met based on the following findings: 1. Strict enforcement of the setback requirements would prevent construction of the sewage treatment system, which is required in order for the Applicant to sell the property for residential use. Rodgers Variance Page 5 November 30, 2006 City of Scandia REVISED January 16, 2007 2. Construction of a new sewage treatment system that meets Washington County Department of Public Health standards would better safeguard the environment than use of the current system. 3. The hardship is caused by the unique features of the lot, that it is an existing quarter acre lot created before the Ordinance standards were in place. 4. If the Washington County Department of Health and Environment finds that the proposed sewage treatment system can safely provide for long-term sewage disposal needs, and will not jeopardize the water quality of Bone Lake or groundwater quality(a recommended condition of approval), the variance would not alter the essential character of the area. The replacement sewage treatment system allows for use of the existing nonconforming structure. The Planners recommend approval with the following conditions: 1. That the sewage treatment system is located as shown on the site plan dated November 10, 2006, and that the setback of 33.5feet from the OHW is verified. 2. That the title issue is satisfactorily resolved and has no impact upon location of the new septic system. 3. That Washington County Department of Public Health and Environment finds that the proposed sewage treatment system can safely provide for longterm sewage disposal needs,will not jeopardize the water quality of Bone Lake or groundwater quality, and that a permit is granted. 4. That the applicant understands that the granting of the setback variance applies only to replacement of the sewage treatment system, and does not imply the granting of any future variance requests, such as to construct a new home on the site or to make improvements to the existing structure worth more than 50%of the appraised value of the existing structure. 5. That the effluent is monitored and meets a strict standard for nitrate nitrogen and phosphorous content. The standard will be to drinking water quality standards or as close to it as is feasible as determined by the Washington County Department of Public Health and Environment. Monitoring frequency will be determined by the Washington County Department of Public Health and Environment. 6. That the monitoring reports be prepared and certified by a licensed septic system designer experienced with the proposed system. 7. That all fees are paid. 11/12/2006 17:33 3606974755 JON RODGERS rHac vL!Vo 4d // t= Jon Rodgers Box 306, Port Gamble, WA 98364 (360) 697-4755 hm (775) 535-0970 fax Dear Sirs, Enclosed is a variance application, checklist, site plan(16 copies), and copy of certificate of survey(14 originals being mailed seperately) and a check for $150. I am applying for a variance for a new septic system to replace the existing system (believed to be an open-bottomed wood tank). The proposed area is the only suitable site on the property as the house, driveway and county easement occupy most of the lot. As the lot is only 85' wide, there is no location that meets the required 150' setback. Legal description of property The South 200 feet of the North orte-half of Government Lot 7, Section 5, Township 32, Range 20, lying East of the Public Highway 25 now out and traveled over and across said tract, Washington County, Minnesota Q 11113/cc 11/12/2006 17:33 3606974755 JON RODGERS PAGE W/bb OCT-16-2E05 15:36 FROM: TU:17f5�.s50970 F.2/:i NEW SCANDIA TOWNSHIP W NSHIP 14727 209"1 Street North,P.O.Brix 128,Seand,ia,MN SSo73 Tel:651-433-2274 FBx.`6f143�-5i12 APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Name: J ON RvD 6 i:.R S • Street Location of Property: .23`1O 9 L or;oAJ Ave_ .• Legal Description of Property: Sc e �t a�+ 4 • Parcel ID (GEO Code): OS a 3a.),o y 000 t r 'S E of ✓oSEPH RoOGEiLS, so) 4111-t 1 • JON 2oc KS1 Oci<cJo 0)(36o) all Addrus Box 306, _ PoA GAelfSLE JA `183 6y laws] JCOun1ZC.5 6c41. 1 etc*-ace c�, rrct r(715) 53S- oy-1 o A.•— • if differest..dunk psvper9,.o ): JPhoite . • /•'r,-;4Ei ^ •1 r47 N= f�z`� s=3n,..t.�•r •61 • •• •.+,y'•. , ,1 . , .`7 '1ij • ��, ,.Y•.w.• YS ' :k.4, 4 4. i;r *.Y+. awl.-�Sv -. • r - . DESCRIPTION OF REQUEST(That.attach letter): Sec • « � TXTE OF REQUEST: Q Prelimninary Plat Public Hearing a Conditional Use Permits for New Construction 0 Minot Subdivision • 13 Conditional Use Permits in Existing Bm 1ding Y VariAnce Public Hiring n Other Present Zoning Classification; Existing Use of l'roptiiy: t n*_ 1 •tit.Y.Lc- Ail requests for PIaaning Action must be accompanied by a completed Checklist Form and appropriate notations of compliance.Applicant understands that au fees incurred resulting from the review of this request will be the responsibility of the uncicrsig*cd andwill be paid in a timely manner. Signature of Applicant 2Se Date;, Ell,3 i O•(4. Accepted as complete on _ by • App,vwd Denied Pknnimt Daft Abprosd Denied Terv.&,an; Dais LAKO. BE..OX ARE57A 2SURVEYING, INC. EXISTING CONDITIONS & SITE PLAN N P. IJNDSTROM, MN 55045 PHONE: 651-213-1164 DATE: 11-10-06 SCALE: 1 inch = 40 feet FAX: 651-213-1165 {V'\ E SURVEY FOR: JOHN RODGERS ' ` s EXISTING PESCI:0910N:The South 200 feet of the North One-half of Government Lot 7, Section 5,township 32,Paige 20, REED Publi Highway 25 now out and traveled over and across said tract,Washingtai County, Minnesota NOV 14 2006 • DENOTES FOUND IRON MONUMENT ® DENOTES EXISTING SEPTIC TANK LOCATION N �����ANDIA TOWNSHIP GI DENOTES PROPOSED WELL LOCATION 1Nl:VC1'0: -i NOTES: I.This survey is intended for acquisition of a setback variance for a proposed new septic system. 2.The existing description for this parcel is ambiguous.The northerly and sotherly boundary lines of this parcel are shown according to farad mamaments on the southerly line.These monuments may not represent the true boundary line of the subject parcel. 3.The client,has been notified of'the potential title issue for the subject parcel.It is recommended that a title correction proceeding take place in order to clear title, 4.It is unknown if'the westerly line of the subject parcel extends to the west line of the Government Lot or to the right-of-way line of the road. Ico to (�,ck` ,s.�91 t t`? iP co `tit, .\\.. r' , \ lo I ► � I \\ , \\ �� O \ 1-. . .\i.i k 9 ci 1 use► N �l� a tIZo 1 _ al\ t'-e, \. \. p l'). )2s \ \ \ .\ - 1,....„.„. I Z Z g29 fi<n%r Istli \ \ .. t . ' } 5 z �i i , ` A Nz � ) O " � \ 0 1\ . . ,,\ , cfai • • \ I 60 I% \ �zs �4� 1 • N 28 uo^ 934 �a 159�9t 'o co i j 60 I ARE) SURVEYING PROJECT NO. 06-099 c=.4_ TKDA ENGINEERS•ARCHITECTS•PLANNERS 444 Cedar Street,Suite 1500 Saint Paul,MN 55101-2140 December 6,2006 (651)292-4400 (651)292-0083 Fax www.tkda.com Mr. Jon Rodgers Box 306 Port Gamble, Washington 98364 Re: 23409 Lofton Avenue North Variance Request Application New Scandia Township,Minnesota TKDA Project No. 13582.019 Dear Mr. Rodgers: This letter is to inform you that the New Scandia Planning Commission tabled your variance request at its December 5,2006,meeting. The Planning Commission has questions that require additional information. Please provide additional information to address the following: 1. Detailed septic system design, including dimensions of the proposed septic area and demonstration that this area is adequate for the sewage treatment system. 2. A letter from Washington County Department of Public Health and Environment indicating that the proposed sewage treatment system design is acceptable for this location. 3. The area in square feet that is in question regarding the title issues described on the survey. 4. Determination whether land may be available for purchase or if an easement may be obtained from adjoining property owners, including across the street, for the sewage treatment system. 5. Staking of the location of Bone Lake Ordinary High Water level. Please submit the additional information to New Scandia Township, attention Anne Hurlburt, 14727 209th Street North, PO Pox 128, Scandia,Minnesota 55073. This information will be needed by December 31,2006,to put your variance request on the January 9, 2007,agenda. Enclosed is the 60 day waiver form. Please sign it and return it with the additional information. Sincerely, Richard E. Thompson, AICP Town PIanner RET:cme cc: Ms. Anne Hurlburt, Administrator New Scandia Township David Hebert,Township Attorney An Employee Owned Company Promoting Affirmative Action and Equal Opportunity —^T2/26/2006 13:35 3606974755 JON RODGERS PAGE 04/05 Jon Rodgers PO Box 306 Port Gamble,WA 98364 (360)271-4539 New Scandia Township Attn: Anne Huriburt 14727 209th St N PO Box 128 Scandia, MN 55073 December 20,2006 To whom it may concern; I have the following information for you to review concerning the variance request for a septic system at 23409 N Lofton Ave,New Scaudia, 1 Complete septic design plan 2 Letter from Pete Ganzel, Washington County dept of Health 3 The margin of error of the current legal description cannot be determined. A new legal description, defining the lot lines shown in the survey,will be submitted at the torrance hearing, l;expect this to be settled in the next 90 days. 4 The adjacent properties to the north and south are not large enough to accommodate a septic system for this property. The property across Lofton Avenue is probably adequately sized, but I have been unable to contact the property owner to inquire if they would be willing to grant an easement or sell sufficient land for a septic system. 5 I have requested Paul Gibson to return to the site and stake the High Water level. I can be contacted at the number above for any further questions. Sincerely, 3 n Rodger '09/15/2006 FRI 10:42 FAX 703427944E Larsons Plumbing & heat]. (fl,+ / Is uuctull ",u Larson Plumbing & Heating 3095 162"d Lane NW Andover, MN 55304 763-427-7680 Fax 763-427-9448 JOHN RODGERS 23409 LOFTON AVE N NEW SCANDIA,MN 55073 OLD SYSTEM NON COMPLIANT-LACK OF SETBACK FROM SHALLOW WELL,OPEN BOTTOM TANK NEW SYSYTEM IS PERFORMANCE BASED,36"SEPARATION AFTER PRETREATMENT MODULE.DIG IN ROCK.PAD 8" ABANDON OLD SYSTEM PER 7080,UNHOOK OLD DRAINFIELD LINE AND CAP, INSTALL NEW DEEP WELL,DIG OUT COMPACTED FILLS,REPLACE WITH WASHED SANDS NEW SYSTEM,TYPE 1,2 BEDROOM HOUSE 150 GPD ACTUAL USE INSTALL 1500 GALLON 2 COMPARTMENT SEPTIC TANK,INSTALL 1000 GALLON LIFT TANK INSTALL TIMED DOSING PANEL WITH EVENT COUNTER,PRESSURE.FEED BIOFILTER INSTALL 150 SQUARE FOOT 10 X 15 PAD IN AREA B1-B2 AS DESIGNED 6"ROCK BELOW PEAT BIOFILTER AS PAD AREA,GRAVITY FLAW FROM BIOFILTER USE 2"SCHEDULE 40 THROUGHOUT FOR PRESSURE PIPING ROPE OFF NEW SEPTIC SITE AND KEEP ALL CONTRUCTION TRAFFIC OFF BEFORE AND AFTER CONSTRUCTION VERIFY ALL WELL SET BACKS USE EXCAVATION PIT FOR SEPTIC IC TANK AS SOIL OBSERVATION PIT TO VERIFY SOIL CONDITIONS BEFORE INSTALLING 7)'-'1L/— Michael ngbauer MPCA#2038 THE SEPTIC DOCTOR tm 09/15/2006 FRI 10:43 FAX 7634279448 Larsons Plumbing & IIeati 0003/011 Larson Plumbing & Heating 3095 162nd Lane NW Andover, MN 55304 763-427-7680 Fax 763-427-9448 JOHN RODGERS 23409 LOFTON AVE N NEW SCANDIA,MN 55073 SYSTEM REQUIRES MITIGATION AND MONITORING PLAN. MONITORING: A. OPERATION OF SYSTEM System operates like a standard system B. MAINTENANCE OF SYSTEM To be visually checked 2 times a year and tanks pumped once a year C. TYPE OF MONITORING Visual inspection of parts and drain field—check inspection ports of bio-filters for any unclean discharge to the rockbed—samples could be sent for analysis if signs of physical failure are present,monitor degradation of peat in biofilters D. FREQUENCY OF MONITORING Monthly timed dosing event counter readings,water samples drawn March and September,and annual visual at maintenance time,then every 7 years from install,open biofilters to check for peat material degradation E. FLOW MEASUREMENT—SYSTEM I-IAS A TIMED DOSING PANEL WITH EVENT COUNTER homeowner to record event counter data monthly Recorded at time of maintenance;logged on record card F. MONITORING RESULTS Must send written statement to permit authority,if any results do not meet conditions of the. permit or anything is tagged an imminent health threat • i G. NOTICE OF NON-COMPLIANCE Will be issued for violation of permit conditions or failure to monitor system at proper specified intervals - 1 - 09/15/2006 FRI 10:44 FAX 7634279448 Larsons Plumbing & Heati �004/011 1 � JT+`YYlf�,rp_ ,c - ). Larson Plumbing & Heating 3095 162"d Lane NW Andover, MN 55304 763-427-7680 Fax 763-427-9448 MITIGATION A. ACTION TAKEN IF SYSTEM FAILS 1. Replace failed components--pump,timer,electrical,distribution components 2. Replace treatment system—the peat in the biofilters can be inspected and replaced if necessary 3. Use tanks as holding tanks B. RESPONSIBLE PARTIES BASED ON THIS INFORMATION, THE PROPERTY OWNER ACCEPTS ALL RESPONSIBILITY FOR THE OPERATION OF THE SEWAGE TREATMENT SYSTEM AND RELEASES THE DESIGNER/COUNTY/CITY/INSTALLER FROM ANY AND ALL LIABLILITY FOR PROBLEMS THAT MAY ARISE OR AFFECT TI1E PERFORMANCE OF THIS SEWAGE TREATMENT SYSTEM. IN ADDITION,THE PRPERTY OWNER AGREES TO THE MONITORING PLAN AND WILL DISCLOSE ANY AND ALL INFORMATION REGARDING THIS SYSTEM AT TIME OF OFFERING PROPERTY FOR SALE AND AT POINT OF TRANSFER. C. TIMELINE FOR MITIGATION Any problem with the system shall be considered an imminent threat and shall be corrected within 10 months as required by 7080, or whatever the permitting authority rule is,using the more restrictive of the rules. LONG TERM PERFORMANCE • A) ESTIMATED COST FOR CONSTRUCTION $9500.00 B) ESTIMATED YEARLY OPERATION COST $38.00 for electricity C) ESTIMATED YEARLY MONITORING AND MAINTENCE COST $300.00 for monitoring $200.00 for pumping D) ESTIMATED COMPONENT REPLACEMENT COST pump'A hp$400.00 timed dosing panel$850.00 biofilter peat$1350.00 biofilter spray system$350.00 E) ANTICIPATED SYSTEM LIFE lifetime with proper maintenance/20 years on peat • 2 09/15/2006 FRI 10:45 FAX 7634Z79446 Larsons rimming & neai.i 4yvvo,oai 1 d ref gi`rr. ., t ' ) Larson Plumbing & Heating 3095 162na Lane NW Andover,MN 55304 763-427-7680 Fax 763-427-9448 F) HYDRAULIC AND ORGANIC LOADING RATES OF COMPONENTS Maximum design organic loading 0.0140 lbs/sq.ft./day Maximum design hydraulic loading 5.57 gpd/sq.ft. Maximum design organic loading per module 0.3755 lbs/day Maximum design hydraulic loading per module 150 gal/day MICHAEL J. GBAUER M.P.C.A.#2038 THE SEPTIC DOCTOR trn PROPERTY OWNERS/HOMEOWNERS PERMITTING AUTHORITY -3 - 09/15/2006 FRI 10:46 FAX 7634279448 Larsons Plumbing & Heatl g uuoiuli JOHN RODGERS 23409 LOFTON NEW SCANDIA,MN B] B2 0-36" 10YR313 FINE SANDY LOAM 0-32" 10YR313 FINE SANDY LOAM APPEARS TO BE FILLS APPEAR TO BE FILLS 36-48"10YR3/6 LOAMS 32-48" 10YR3/6 LOAMS ORIGINAL SOILS ORIGINAL SOILS REDUCTIONS START AT 40" REDUCTIONS START AT 38" RUST AND GREYING B3 B4 GRADE AT B1 -B2 12' ABOVE EXISTING WATER TABLE OF LAKE SETBACK OF SYSTEM 35-40'OFF NORMAL HIGH WATER MARK NO OTHER LOGICAL LOCATION EXCEPT ROAD EASMENT U9/15/ZUU6 I'RI j(10:46 FAA 7U34Z75448 Larsons rillmJ ning Sc&c Heatl IUU'1/U11 N. \ } \\ N 1 1 • • a 3 M b L 0 co ,,;,,,:it. Cji J o cwp u p e w LL • 0 1 7 5\ .30 4u 3 C N ; VI 1 I 1 I U L / 1 I i /L5 8 6 O uailoicuvo pm 1U:41 FAA /u34Z79448 Larsong Plumbing & Head Q 008/O11 k 6 1 , t4 . 0 H2 ' "1 L . t 41 -Au + . -tatt,, i E . ,4 I Z.,,, FI Ill 1 0 b IN- 14,. e',,- i4,,, co . ti.$ . 0 Q i (la N.e, .___:7x,_,.._ 144 g` ' i 1. 1 • N x '� f 1 va(sarcouo mu 1U:45 it& Yiia4Z7944a Lars otos Plumaing & Heati 1J009/01i PRETREATMENT WORK SHEET Al:Elmo tad sr oeno.16InGolottpC,WY -_ All boxed rectangles must be entered,the rest wt!be calculated. terrberof oom g bedroom Clc=l Oast II aoislil Can 1. FLOWN 7 YID 225 Ico w% 3 450 300 218 of the A.Estimated 150 gpd(see figure A-1) n Loa 37e c,t; vat e, measured x 1.5 safei factor 0s 7so an ne u the ( Y gpd r, � s7s 337 cas:t, B.SEPTIC TANK CAPACITY gallons(see figure C-1 7 I ago u,a al 9 ) e 1203 074 1 etw C . !. 2. SOILS(Site evaluation data , C.Depth to restrictin.la e 2 feet C.J Septic-Talk Cepairlleslin23l1°tni D.Texture learn Percolation rate MPi t,hnlri d Mi bmtm liquid I ryl54 npiah frith livid Laiecil}' Dttiraat lialy r dL< 1 alit tnst l E SSF 1.67 it/gpd(see downsizing or<311 figure) � �s � tau imid( F. Land Slope 2 % 2ielee so " un-s 3cr4 I O 1'X4 W "a 20 1,5K) ass 3. Pressure Distribution Trench Bottom Area 7 eo r7 3130 ag H.For trenches with 6"of rock below the pipe,Area=Flow(1A)divided by SSF(2p= ' '- 2) 150 gpd x 1.67 ft2/gpd= 250.5 Its I.For trenches with 12'of rock below the pipe,Area=Flow(1A)divided by SSF(2E)x 0.8 Downsizing Chart 150 gpd x 1.87 ft2/gpd x 0.8 = 200.4 ft2 Gail Chari<lra.lks and Rogairtd Am. for Pre rtr lcp scrooge Li'aepu.LLin.) Mal, ado,lb. STarcrm t�r atorni:krein5 4. ORGANIC LOADING "rip z sf". `""d"" 'i 7 *dtl J. 1. Organic loading=flow(A)x estimated BOD in mglL leaving the Ii410,1 50I' Ftttum u; P1112�s pretreatment unit x 8 3511,000,000 011.4 �ltµcaNu,rnr,ryy:°"e um awk: 150 gpd x I 5 mg1L x 8.35 f 1-000;1]00= 0.00626 Ols ROD Sraoy Loom oil) 161091 loan ant n mm 2. System loading=organic laading(J1)I area(H or I) 00111 i1 roaS 9i1 c III `� &n e, cry ri1CLl 1.10 AIM 0.0062625 lbs BCD 1 150.0 ft2 = 4E-05 550,03ra. 3. Check loading rate on chart. Should be less than value. aRtiei ii17 21 inn • S�l/a.n.eefm.nvaeconenml 5. ROCK VOLUME _ `'lr mcm-yn t It a°"F"' K.Rock depth below distribution pipe plus 0.5 foot times bottom area: =(Rock depth+0.5 foot x Area(H,I,J,K,L) ( ft+0.5 ft)x (L �1 ft2 = 0 ita Less Than 3 feet of Separation Chart L,Volume in cubic yards=volume in cubic feet divided by 27 K I27=cubic 0 / 27= 0 d3 D-i5:Sao Cllsractolistice and n.�}lati d fueap. yardsy tor Sccaj c Treatutcat kl.mr.otin* M.Weight of rock m tons=cubic yards limes 1.4 Me)lacw°rito �..�a I'o raf4taI-, nb duI!"Par h t �ar•s. drr r', Lx1A=tons 0 x1.4= 0 tons ifighte,pi f•tmIr (tit-toy iP-.^h14,1 fl0lrrlt,sno1. Cray-aerd 0 r e.rri 0:1-li.e ItJMrnsonl sr.: t.::, 6. SYSTEM LENGTH u,vnyynd OJ K.: ti ianr" 1:' e..f4 N.Select width= ft 41•r5 iandy Imo l r-'i Mt Sit O.Divide bottom area by width:(H,I)divided by N=lineal feet i1 l°'` ail tl n m of.{, 250.5 II I 0 ft = #DIV/0.I lineal feet +<.Ie.:� t•,re I,.;kl nys c,nrlp hay a67 day 7. LAYOUT tetecla/ I ..__ See deco r fGrcervr�It ontM: Select amappropdate scale;one inch= Feet yr..cp1kg fit or.J100:771-las. •IIhaA1xFIlls rmu an r r�pl+rw: hniwo4 ' Show pertinent property boundaries,rights-of-way,easements. •F i]rrlfvlll<-l1 ZW-i0 4e.ldatn i h�: ��tt•.�. Show location of house,garage,driveway,and all other Improvements,existing or proposed. °tassi'da g"'n��s„r Show location and layout of sewage treatment system,well and dimensions of all elevations,setbacks and separation distances. - 8. SYSTEM LLR P. Draw a One downhill though soil treatment system drawn in layout. How many trenches does It cross? Add their widths together. width 1 +width 2+width 3+ 0 ft + 0 ift + 0 ft + ft = 0 11 Q. Divide total trench width(P)by SSF(F)=gallons per fool 0 ft / 1.67 1121gpd : 0.0 galft(Should be<12 gallons perfect) I hereby certify that I have completed this work In accordance with all applicable ordinances,rules and laws /f (signature) a 3c1 (license II) 9'/3-0 G (date) 09/15/2006 FRI 10:49 FAX 7634279448 Larsons Plumbing & Heat]. el010/011 PUMP SELECTION PROCEDURE All boxed rectangles must be entered,the rest will be calculated. 1. Determine pump capacity: A. Gravity Distribution 1,Minimum required discharge is 10 gpm 2.Maximum suggested discharge Is 45 gpm For other establishments at least 10%greater than the water supply rate,but no faster than the rate at which effluent wilt slow out of the distribution device. B. Pressure Distribution-see pressure design worksheet cell twain-ten!6yslern 9 &pcinl of dlachulge Selected PUMP Capacity: 26 spin iengf Ipe 'IGuTiJT 2A.etevollcn Inlet u dtlrelence 2. Determine head requirements: pme v A. Elevation difference between pump and point of discharge. il I 5 Iteet I1m B. Special head requirement?(See Figure-Special Head Requirements) I 5 Ifeet Special Head Reglikements Gravity Distribution Ott C. Friction loss Pressure Distribution 5ft 1. Select pipe diameter y 2 tin 2. Enter Figure E-9 with gpm(1A or B)and pipe diameter(Cl) E-9:f r�cilonl oss In Plastic Pipe Read friction loss in feet,er 100 feet from Figure E-9 Per LOSS feel Friction loss= 1.55 HMO ft of pipe nominal ppipe cFameier 3.Determine total pipe length from pump discharge to soil system discharge point. llowrair; 1.5' 2` 3' .vt Estimate by adding 25 percent to pipe length for filling Loss. 20 2.47 0.73_ 0.11 ni d E.ivate .•length times 1.25=total pipe length 20 3 73 ,1 11 0.16- 25 It x 1.25= 31.25 feet 30 5,23 1.55 0.2.3 35 6,96 2.06 0.30 4.Calculate total friction loss by multiplying friction loss(C2) 40 41,- 2 64 0. 9; by the equivalent pipe length(C3)and divide by 100. A5 1191 3.2E 0.48 FL= 1_55 N10011 X 31.25 0 / 100 0.5 feet SO 13.46 3.99 0.58 55 �. •: . :'.476 0.70 D. Total head requirement is The sum of elevation difference(A),special 60 60 0,87. head requirements(B),and total friction toss(C4). 65 6.48 0.95 5 ft + 5 it 0.5 it 70 _ 7.44 1,09 Total Head: 10.5 feet 3. Pump Selection • I1.A pomp must be selected to deliver at least 26 gpm(1A or B) with at least 10.5 feet of total head(20). I hereby certify that I have completed this work in accordance with all applicable ordinances,rules and laws. • ii • ` e (signature) a .A (lice #) �� 0 t' (dale) 1 • i 09/15/2006 PRI 10:50 FAQ 7034Y79448 ',arsons ?lumping rx neat]. 1EJU11/011 DOSING CHAMBER SIZING A All boxed rectangles must be entered,the rest will be calculated. Width 1. Determine area A. Rectangle area=L x W >, l 8 I ft x 6.5 8 = 52 f12 41 Length 8. Circle area=3.14 x radius2 (----- 314 x 1 eft= 0.0 ft2 C. Get area fmm manufacture 62 \ Radiu 2. Calculate gallons per inch There are 7.5 gallons per cubic foot of volume,therefore multiply the area(1A,8 or C) limes the conversion factor and divide by 12 inches per foot to calculate gallon per Inch. Surface area x 7.5112= 52 112 x 7.5 1 12inlft = 32.5 gallon per Inch Legal Tank: 500 gallons or 3. Calculate total tank volume 100%the daily flow A. Depth from bottom of inlet pipe to tank bottom 46 In or Alternating Pumps B.Total tank volume depth from bottom of Inlet pipe to tank bottom(3A)x galfin(2) Ai:Esrmafea 5o.soce Hwn in Gallons Pm DaY = 46 In x 32,5 gal/in = 1495.0 gallons 6c rm o r to amcui cosy 4. Calculate gallons to cover pump(with 2-3 inches of water covering pump) a so 3 o ISO al u e (Pump and block hel,ht+2 inches)x gallon per Inch 4 600 375 256 veuez s no nso 274 e,tut ( 8 + 2 in) x 32.5 galfm = 325.0 gallons 6 900 525 as: a°`'`r. 7 1050 FD0 970 11,0r la 8 1200 675 408 co imt 5. Calculate total pumpout volume A. Select pump size for 4-5 doses l er day. Gallon per dose=gpd(see Figure A•i)1 doses per day= 1 150 (gpd I 4 doses/day= 37.5 gallons B. Calculate dralnback 1. Determine total pipe length 50.0 ft 2 Determine liquid volume of pipe, 0.17 gal/ft(see figure E-20) fir20 voi„mc of Ligrrid in pipe 3. Drainback quantity= 50.0 ft(5B1)x 0.17 gal8(5B2) 8.5 v Pipe Diameter Gallons per foot C. Total pump out volume=dose volume(5A)+dranback(5B3) incites 37.5 gallons+ 8.5 gallons= 46.0 1 0.045 125 0.078 1.5 0.11 6. Calculate float separation distance(using total pumpout volume) 2 0.17 Total pumpout volume(5C)l gatfinch(2) 2.5 0.25 3 . 0.38 46.0 gal ! 32.5 gaUn = 1.4 Inch 4 0.66 7. Calculate volume for alarm(typically 2-3 inches) Alarm depth(inch) x gallonfinch(2) = 2 in x 32.5 galfm = 65 gal 8. Calculate total gallons=gallons over pump(4)+gallons pumpout(6C)+gallons alarm(7) 325.0 gal + 46.0 gal + 65 gal = 436.0 gal 9. Total tank depth=total gallons(8)I gallonfin(2) a ar .f1 ii:€. freer ^"' i F 436.0 gallons 1 32.5 galfin = 13.4 iNr-ti; • �€ ;xrr,,..opn:, li aIo;rrlcr Recommended 1 (75%of the doll flow) PUnrciul y vun3 .f �n Calculate reserve capacity Y `' r P ii pomp.on f i€ vordrer Daily flow x 0.75 = 150 x 0.75= 112.5 gallons ,L cordre� ibsi%Brit ci}r "tt;rs^ ' I hereby certify that I have completed this work in accordance with all applicable ordinances,rules and lair a Q_ (signature) ra•O J o- (Iconse fl) i)-` r_ (date) Washington Department of Public Health and Enviornment co County --� Lowell Johnson W Director G] 4"1 Sue Hedlund Deputy Director December 20, 2006 0010-06-21 GEO: 05-032-20-42-0001 Berry Farrington TKDA 444Cedar St Suite 1500 St Paul, MN 55101-2140 RE: Review of Proposed Monitored Sewage System,23409 Lofton Ave N., Scandia The sewage system proposed for the above dwelling address consists of septic tanks, a lift station, a peat filter module and a 150 square foot pressurized bed. The peat filter module provides additional treatment for reduction of nutrients,pathogens and organic loading prior to discharge to the ground. This treatment is appropriate for the reduced setback distance to Bone Lake being requested. The system is also subject to an annually renewed monitoring and mitigation plan which will ensure treatment and protection of the lake. As a requirement of the permit,the old non compliant sewage system will be properly • abandoned. The old shallow well will be sealed and replaced with a new well that meets current well code requirements. If you have any questions call me at(651)430-6676 Sincerely, Pete Ganzel Senior Environmental Specialist Cc: John Rogers • Brenda Eklund, Clerk, New Scandia Government Center • 14949 62nd Street North—P.O. Box 6, Stillwater, Minnesota 55082-0006 Phone: 651-430-6655 • Fax: 651-430-6730 • TTY: 651-430-6246 www.co.washington.mn.us Equal Employment Opportunity/Affirmative Action 1 Berry E. Farrington ''` �� � From: Travis Germundson [Travis.Germundson@dnr.state.mn.us] Sent: Friday, January 05, 2007 1:10 PM To: Berry E. Farrington Subject: Rodgers Variance Request Typically we would encourage that the sewage treatment system be place outside the shore impact zone. However, since the individual is replacing a nonconforming system with added protection measures, the request appears reasonable based on the constraints of this substandard lot. Travis Germundson Area Hydrologist DNR Waters 1200 Warner Rd. St. Paul, MN 55106 651-772-7914 • Meeting Date: 1/23/2007 Agenda Item: /0(, (o C-) Planning Commission/City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Discuss letter from Willowbrook Community Church re: plans for a church on property on Highway 97 know as German Lake Estates. Church representatives are seeking feedback on whether to pursue an amendment to the city's shoreland regulations and other applications that would be needed for their project. Deadline/ Timeline: N/A Background: • Representatives of Willowbrook Community Church appeared at the 9/5/06 Planning Commission meeting and at the 9/19/06 Town Board meeting to discuss their plans. The main issue for this project is that the shoreland regulations would need to be amended to allow churches before a conditional use permit application, and any other permits needed to construct a church, could proceed. • Prior to the incorporation of the city, Washington County had jurisdiction over the shoreland regulations. The County was not willing to consider any amendment. The City of Scandia now has the authority to adopt and amend its own shoreland regulations, with review and approval by the DNR (Department of Natural Resources). • DNR Area Hydrologist Travis Germundson was contacted to determine whether or not the DNR would review a minor amendment to the shoreland regulations at this time, or if they would require a more complete update. He indicated that the DNR would review a"simple" amendment to add a "place of worship" as a conditional use in the shoreland district. • The DNR also indicated that Scandia should work on a complete update of the shoreland regulations in the next six months. As part of the update, the DNR will require that some previously unclassified wetlands be classified as Natural Environment lakes. (They will be sending a list of these basins.) Page 1 of 2 01/18/07 Recommendation: • I recommend that the Commission and Council discuss the church's proposal and give them feedback, recognizing that no comments would be binding or would commit the city to any future action. • If you wish to encourage the church to continue with their plans, the logical first step would be for them to apply to amendment the shoreland regulations. A hearing could be scheduled as early as the March 6 Planning Commission meeting, depending on how quickly the application is submitted. It is unknown how long the DNR review would take before the amendment could be put into effect. But if the amendment were passed at that time, the church could proceed (at their own risk) with preparing their conditional use permit application. Attachments/ • Letter dated 12/26/06 from Pastor Brad Reis, Willowbrook Materials provided: Community Church • Excerpt of 9/5/06 Planning Commission Minutes • Staff Report and Attachments for 9/19/06 Town Board Meeting • Excerpt of 9/19/06 Town Board Minutes • Memo dated 9/25/06 from Administrator Anne Hurlburt Contact(s): Brad Reis, Lead Pastor Willowbrook Community Church (651 210-1131) Prepared by: Anne Hurlburt, Administrator (willowbrook church) Page 2 of 2 01/18/07 WCC a great place for a fresh start AA `4, 12.26.06 To: Scandia City Council Members & Planning Commission From: Brad Reis—Pastor of Willowbrook Community Church Dear Scandia City Council and Planning Commission, I want to begin by congratulating you on becoming a new city (hurrah) and I'm very excited about the future of Scandia and for all of the citizens that you represent. I wanted to reconnect with you as we move into the new year (2007) and to let you know that we are still pursuing the opportunity to purchase and to build our new church on the sight formally known as, German Lake Estates. Just prior to the Scandia Elections, we had met with you to discuss the steps that are needed to make this purchase possible. We presented to the City Council and Planning Commission (on two occasions) our plans and followed the outline that you presented to us. We were advised to wait until the Township of Scandia became a City and to revisit this opportunity in the New Year. Now that the elections have been held, and that the new positions have been filled, I believe that the next important step is to file an amendment that would allow us to build on the German Lake Estates. We've made some preliminary steps by getting the approval from MN/DOT for gaining access to the property from highway 97. In addition, we received direction and legal advice from the local Watershed Council. We also hired a company to perform an environmental study on the 38 acres listed and the study concluded that the land is suitable for construction. And finally, we received a letter from a professional sanitation designer who demonstrated that the building of a church (that we submitted) would have far less environmental impact on the land than the construction of four homes built on the same property. We have met with the owners of German Lake Estates and are now trying to nail down a closing date (they have been waiting patiently). Our Church has completed a successful financial campaign and is now poised to purchase the land, pending on the outcome and timing of the amendment. We have hired an architect and builder that will oversee this project from start to finish and they, too, are anxiously awaiting direction from you in this matter. It goes without saying that we are very excited about advancing forward and eagerly are looking forward to working with you to build a strong and dynamic community in the new city of Scandia. Once again, congratulations on becoming a City and we will now wait to hear back from you. Serving Him with You in Mind, Brad Reis Pastor of Willowbrook Community Church P.O Box 864 Forest Lake MN 55025 651.982.6361 www.willowbrookchurch.org September 5, 2006 Planning Commission Page 3 Willowbrook Community Church—Concept of a Church Pastor Brad Reis and architect Chris Dorman presented a concept to build a church on the plat of German Lake Estates. MNDOT has granted access to Highway 97. County and Township Zoning does not allow for a church within a Shoreland Overlay District. Special zoning or a permit would be needed for a church in an AG/Shoreland District. Also,the Ordinance requires a 1,000-foot setback from the lake. Pastor Reis has proposed a 700-foot setback with the church and parking lot placed near Hwy. 97. They could meet the 1,000 foot setback, but would have to grade a lot of dirt and the proposed location is the best use of the land and further from Manning Ave. Mr. Nickelson asked the rationale for the 1,000 foot setback. Church size is proposed to be 25,000 square feet,plus the parking lot. All water runoff would drain away from the lake. Mr. Nickelson said this church being so far from the lake would have no more, if less, impact on the lake than four homes, as two would be on the lake. Other issues to consider will be traffic and impact on neighbors. The church currently has 380 adults with children bringing attendance to 500 using about 130 vehicles. According to Pastor Reis, the County is waiting for a township response and believes a variance or a zoning amendment would be required. The County also has a formula to address well and septic needs. The Planning Commission instructed Pastor Reis to obtain the planning information and minutes on the church in Cambridge, and to contact the Carnelian-Marine Watershed District(CMWD) as a permit may be needed and return with that information. Steve Lombritto—Variance Mr. Steve Lombritto, 18633 Langly Court, purchased a home on a peninsula three years ago. There is 940 square feet of living space, a two-car attached garage and a carport. There is a deck on the lakeside. Mr. Lombritto would like to add a second story to enlarge the three bedrooms. The home is on the 201 system. Many variances and a Watershed permit would be required. Donnette Yehle made a motion to adjourn and the meeting adjourned. Respectfully submitted, Colleen Firkus Planning Commission Secretary New Scandia Town Board September 19, 2006 Page 5 Winter Recreation Facilities Mike White was present to report on the status of the ice rink and equipment for the winter season. Mr. White is in the process of replacing five sheets of plastic along the rink wall and preparing the surface for flooding. Supervisor Harnetty observed that the use of plastic on the boards appears to be a problem. Mr. White was directed to gather proposals for the replacement of the boards,possibly with a plastic laminate. A suggestion was also made to install netting along the east edge of the rink to protect the free-skate rink from stray pucks. WILLOWBROOK COMMUNITY CHURCH Pastor Brad Reis,Willowbrook Community Church,was present to update the Board on the concept of constructing a church on the parcel known as German Lake Estates; forty acres on the south end of German Lake. This would require a variance, as the building lies within 1000 feet of the lake that Washington County has in place for Shoreland Overlay. Additionally,Washington County does not allow places of worship in any shoreland district. Pastor Reis had met with the Carnelian-Marine Watershed at their September 11,2006 Board meeting. Comments from the Watershed indicated that a permit from CMWD would be required. In addition,the Town should consider conditions in which the proposed church development has less environmental impact on the area than the already approved development known as German Lake Estates. Discussion among the Board considered the possibility of amending the land use code to list a church as an approved use within the shoreland overlay. A study of the current rationale of omitting a church from the shoreland overlay would need to be done. Administrator Hurlburt will address this issue with Washington County Land Management when Ms. Hurlburt meets with the department later in the week. Following Ms. Hurlburt's meeting,this issue will be further discussed with the Planning Commission. Nancy Madden made a motion to adjourn the meeting and the meeting adjourned at 9:15 p.m. Respectfully submitted, Brenda Eklund New Scandia Township Deputy Clerk Meeting Date: 9/19/2006 Agenda Item: 7 Town Board Agenda Report Town of New Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Receive update on concept of construction of the Willowbrook Community Church on the parcel known as German Lake Estates. Deadline/Timeline: N/A Background: • Representatives of the church appeared at the 9/5/2006 Planning Commission and Town Board meeting to present their concept. • The church was advised to obtain additional information, and to contact the Carnelian Marine Watershed District, and return with that information. • Addition information received since the 9/5/2006 meeting include a letter from the watershed, information comparing the potential impact of a septic system for a church with single family homes, and information on the builder that the church proposes to use for their project. • The site is in the Agricultural zoning district, which allows places of worship by conditional use permit. • Most of the site is also in the shoreland overlay district for German Lake (1,000 feet from the lake.) The Washington County shoreland regulations, adopted by reference by the Township, do not allow churches or places of worship in any shoreland district. • The shoreland regulations would need to be amended to allow churches before a conditional use permit application, and any other permits needed to construct a church, could proceed. Based on the church's contacts with County staff, it's not clear whether the County would be willing to amendla the ordinance. Another contact will be made prior to the Board meeting to clarify their position on this issue. Recommendation: I recommend that the Board review the additional information provided by Willowbrook Church, and provide feedback on: 1) whether you might support amending the shoreland regulations; and Page 1 of 2 09/15/06 on 2), the suitability of the site for the proposed use and any other comments to help them determine whether to pursue the project. Attachments/ • Letter dated 9/14/2006 from Willowbrook Community Church Materials provided: • Letter dated 9/15/2006 from Carnelian Marine Watershed District, with graphics • Letter dated 9/11/2006 from Frederick Weck, IV • Information from Anderson Builders • Sketch/site plan of New Hope Community Church, Cambridge • Letter dated 9/23/2006 from Willowbrook Community Church • Letter dated 7/24/2006 from STS Consultants • Letter dated 7/24/2006 from MnDOT Contact(s): Brad Reis, Lead Pastor Willowbrook Community Church (651 210-1131) Prepared by: Anne Hurlburt, Administrator (09192006_willowbrook church) Page 2 of 2 09/15/06 sy ,roX E.,Ta i, wCC K Willowbrook Community Church a great place for a fresh start 9.14.06 Re: Forum (9.14.06) From: Pastor Brad and Church Council Dear Council and Planning Commission, As we prepare for our meeting with you on September 19th, we have taken a number of important steps, based on your advisement, to move forward on the potential new construction of Willowbrook Community Church on what is known as German Lake Estates. First, on September 11th we met with the Watershed Committee and gave our proposal to each of the committee members. The Committee found our proposal favorable and made several comments and suggestions, one of them being that at the planning or development stage, just prior to construction, that we would meet with them to make sure that the Watershed Codes are all upheld. In addition, they commented that the location of the church building and parking lot on the blueprint (being over 700 feet from German Lake) would not, in their opinion, directly influence German Lake. A Committee Member did inquire about the comparison between several homes on the German Lake Estates and a church building. Fortunately, we were able to hand to them a letter prepared by Fredrick Weck, IV, Septic Inspector for the town of Wyoming. Upon the review of this letter, the Watershed Committee found his opinion helpful and insightful. Secondly, (as mentioned above) we met with Fredrick Weck, IV and he prepared the letter that you have before you. His summary (found in the fourth paragraph) states, "...it (the church) should have less of an impact than the three homes that could be built on the same parcel." As a Church Committee, we found his opinion informative. Fredrick was recently involved with Maranatha Church in Wyoming, a church of about one thousand attenders, setting up their present septic system. It is also interesting to note that a church septic system is constantly being monitored by the Minnesota Department of Health, whereas home wells would not be monitored as such. Result: Far safer management and protection for the land and community. Thirdly, I have been in contact with Larry Fredlund, the Chief Building Designer of New Hope Community Church in Cambridge Minnesota. As mentioned at our last meeting, New Hope Church will begin construction on a parcel of land that is located near Lake Skogman in Isanti County. Isanti County has given their approval of this plan and we are now anxiously waiting the minutes of their meetings with the County so that we can gain additional insight for Willowbrook's Special Use Permit for our location. Enclosed is a brochure of their plans and layout. You will notice on the bottom right picture that the lake is near the building (I was told 450 feet). And finally, our Willowbrook Council has narrowed our building search to the selection of Anderson Builders. Anderson Builders is a highly reputable builder that has built and designed many churches throughout the metro area. We have met with Greg Anderson, the President of Anderson Builders, and he has suggested joining us at our October meeting with you to get more insight as to what is needed to advance us forward. We believe that you will enjoy getting to know Greg and his expertise in church design. (A sample of his work/credentials has been included). Again, I'm personally looking forward to my time with you on the 19th and have no doubt that our time will be profitable. If there is anything you need from me prior to our meeting, please feel free to contact me at 651.210.1131. Warmly, Pastor Brad Carnelian-Marine Watershed District Scandia Plaza II,21150 Ozark Ave. P.O.Box 188,Scandia,MN 55073 September 15, 2006 Brenda Eklund, Clerk New Scandia Township 15727 209th Street No. P.O. Box 128 Scandia, Minnesota, 55073 Re: CMWD Comments on Willow Brook Church Requested Variance to Shoreland Ordinance German Lake Subwatershed Management Area CMWD Comment No. 06-015 Dear Ms. Eklund: The proposed variance is to construct a Church(a non-residential structure) within the 1000-ft Shoreland Zone of German Lake. Church Pastor Brad Reis presented the concept plan for the proposed development at the CMWD's Monday, September 11, regular board meeting. Detailed design documents have not been provided to date. The following Carnelian Marine Watershed District (CMWD) comments pertain to the referenced variance request and the concept presented by Pastor Reis. The CMWD's primary concern is for the protection of German Lake and potential for weakening protections provided by the shoreland ordinance. Please provide copies of CMWD comments to the Town board and Planning Commission for consideration at their next meeting. 1. The property in question involves the entire property of the German Lakes Estates major subdivision, which was approved and permitted (without variances) by CMWD this year. It is our understanding that this plat has not yet been filed. This should be clarified. Enclosed is the information on the CMWD's Natural Resource Inventory that was provided to the German Lakes Estates Developer. Additional information such as wetlands delineations and undeveloped conditions drainage models that were produced as part of the German Lakes Estates Development could be used for the church development. This information should also be reviewed during the concept phase when sighting proposed church facilities. 2. German Lake is Priority Lake 7.5 in the CMWD, with a water quality rating of"B", and an overall management of"Maintenance". The lake is landlocked and has some very high value resources associated with it. 3. Proposed project requires a permit from the CMWD as it is located in the Shoreland Zone of German Lake, and requires a variance from the shoreland ordinance. The project will need to meet or exceed CMWD requirements. The CMWD would expect a level of detail for the plans similar to the plans prepared for the German Lakes Estates Development. Please make a CMWD Permit a requirement of any variance you may grant for this property. Managers John Bower Richard Bohrer Richard Caldecott Victoria Dupre Steve Kronmiller 430-2791 433-5461 439-7385 439-8266 413-4(142 CMWD - (Comments on Willow Brook Church Variance) 9/15/06 Page 2 4. If the Township decides to allow the requested variance they should consider requiring the following stipulations to mitigate the variance, with the design goal that the proposed church development have less environmental impact than the already approved residential development: a. Set a minimum structure (including future buildings, parking lots and roads) of 725-ft+/- from the OHW of the lake and be clear that no future variances will be granted. b. Recommend the development to be a low impact/conservation type of development. Encourage innovative stormwater management techniques; refer to Minnesota Stormwater Manual for additional information. c. Require that the area included in the lake setback be covered by a conservation/ openspace easement with specific identified uses, and protection of the native vegetation lake buffer, similar to what is provided in a cluster development. d. No further subdivision of the land. e. Any future change in use of the property due to sale or transfer of ownership should be restricted to a church or other residential use. The CMWD Managers did raise a concern about the possibility of the property being converted to commercial or industrial use as a result of a future sale (This topic maybe best handled by the CUP). Please feel free to contact me at (651) 770-8448 if you have any questions on this letter. Sincerely, Daniel A. Fabian, P.E. 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It is my understanding that the proposed church is approximately 20,000 square feet in size and will be located on a thirty-eight acre parcel. It is also my understanding that if the parcel were to be subdivided under current zoning that three homes could be built on the subdivided land. In my experience septic systems for new homes are typically designed for a minimum of 4 bedrooms, or 600 gallons of septage per day (150 gallons per bedroom). With water use of 600 gallons per day, per home, the three homes septic systems would be designed to treat a total of 1,800 gallons of septage per day. The University of Minnesota's Onsite Sewage Treatment Program Professional Workshop Manual estimates that a church will use 0.14 gallons of water per day per member. The manual also estimates an additional 0.14 gallons of water per day per Sunday school student, and an additional 1-gallon of water per day for each kitchen meal served at the church. In order to reach 1,800 gallons per day the church would need to serve 1,000 meals, have 2,857 members, and 2,857 Sunday school students. It has also been my experience that the Manual tends to underestimate church water use. If the Manual's estimates were quadrupled it would result in 250 meals served, 714 members, and 714 Sunday school students per day. On a daily basis the church and the three homes will probably not reach the estimated design capacities. The design estimates do provide a valid comparison between the uses though. Although I do not know how large the Willowbrook Churches congregation is, nor how they intend to use the facility, until they begin to use the facility at its maximum daily septic system capacity it should have less of an impact then the three homes that could be built on the same parcel. Other considerations include the maintenance of one septic system versus three septic systems owned by three different individuals, and that the well for the church will be monitored by the Minnesota Department of Health as a public water supply,whereas the homes wells will not be monitored as such. If you have any questions I can be reached at (651) 462-4947 between the hours of 8:00 a.m. & 4:30 p.m., Monday through Friday. Sincerely, Frederick E. Week, IV Building Official #1825 Septic Inspector, MPCA#5199 Town of Wyoming About Anderson Builders nderson Builders was formed in July of 1999 as a commercial builder, general contractor, construction manager and development manager. Since the firm's inception, Anderson Builders has grown through a philosophy of providing exceptional service to its clients through excellent methods of planning and executing design-build construction and real estate development projects. We approach every project with our clients ultimate business objectives in mind, and form a specific plan of work and approach that best serves to help meet those objectives. : .x ,_" .;:ate :. Anderson Builders' project team is comprised of 18 industry i "w",.'.,.�. professionals including Project Managers, Project Assistants, Field " ift .5 " t Y Superintendents, Specialty Tradespeople, and Accounting Managers. '" i Anderson Builders' team members bring more than 125 years of industry experience constructing commercial development projects �l g Fnf across varying product types ranging in size from $50,000 to more than '.,„ -., � 44 , 4: $100 million in construction value. The experience and tenure of the ' ,i, -0:- Anderson Builders' team offers our clients a uniquely personal level of s �:' 4tma service combined with industry leading expertise. ititataMr 1 "Experience has proven to us' that a successful -'� -r. �� : 32 construction project is a collaborative effort which rile ` .,; x ,_ requires teamwork, fairness, honesty, and integrity - fttok - % ` Y-� by all team members to provide a cost effective � A , . L � s5 -a =' .„ I - ! :, Ilk ``��� 5 facility that exceeds our clients 'expectations. , k ANDERSON BUILDERS Comprehensive Project Management Services Development Services e realize that managing the development of a new facility can be overwhelming for those who are not familiar with the commercial design and construction industry. We have the necessary experience and knowledge to assist you with every component of your real estate venture. We can assist you with designing and renovating your existing space or relocating your entire operations. We welcome the opportunity to establish an early relationship with our clients during their facility renovation, expansion, or relocation projects. This gives us the ability to understand our client's specific needs and Alb Agt challenges and, in turn, assist them through the early stages of site _ selection, feasibility, land purchase, municipal approval negotiations, and facility design management. We will provide feasibility studies related to actual land purchase value as it relates to its development cost. We can assist with facilitating discussions and approvals with the respective municipality's staff members, planning commissions, and city councils.We will provide project design management services in order to balance improvement costs with long-term facility value. ANDERSON BUILDERS Comprehensive Project Management Services Greg Anderson. President Background Affiliations and Volunteer Activities Greg has over 21 years of experience coordinating a . Minnesota Construction Association(MCA) variety of design-build development and Better Business Bureau BBB construction projects. As Owner and President of (BBB) • Council of Growing Companies, Minnesota Chapter Anderson Builders, Greg is responsible for the overall operation of the business, including all design • Construction Specifications Institute(CSI) management and construction activities, and for the National Association of Industrial &Office Properties development of new business relationships. During his (NAIOP) career, Greg has been responsible for the design and A Better Chance(ABC)Foundation, Edina, Minnesota construction of approximately 8,000,000 square feet of Capital Improvement Committee Chairperson- construction projects spanning a wide variety of facility Colonial Church of Edina types with costs in excess of$500,000,000.00. Education Professional Experience Loyola College; Baltimore, MD MBA Studies-finance concentration • Anderson Builders, President/Owner • Iowa State University;Ames, IA St. Louis Park,Minnesota.8/99—Present Bachelor of Science in Construction Engineering • Welsh Construction Corp., President g• North Iowa Area CommunityCollege; Mason City, IA Bloomington, Minnesota. 1994-1999 Associate of Arts in Engineering • Ryan Companies, Inc., Project Manager Minneapolis, Minnesota. 1991-1994 Laukka Development, Vice President Select Projects Edina, Minnesota. 1990-1991 Siemens Electric Project Executive •• Cabot, Cabot,&Forbes, Project Manager i 136,00 S.F. Renovation of Class A Office Space < Boston,Massachusetts. 1987-1990 30,000 S.F. Lab/Testing Space HCB Contractors,Project Engineer Two Data Centers Y Baltimore, Maryland. 1984-1987 Extensive Mechanical and Electrical Build-out ?, s ,,t Minnetonka, Minnesota Accomplishments ti � trtt£ 2 may ❖ Anderson Builders placed 2nd in the Minneapolis/St Paul Nystrom Building Products Project Executive Business Joumars 50 Fastest Growing Private Companies 16,000 S.F. Design/Build Renovation for 2003; revenues for Anderson Builders increased at a Office and Manufacturing Plant Updates rate of 502%from 1999 through 2002. Mount Olive Lutheran Church -• While President of Welsh Construction,Welsh placed 8th in Project Executive the Minneapolis/St Paul Business Journal's 50 Fastest 35,000 S.F. Expansion Project Growing Private Companies for 1998; revenues for Welsh New Sanctuary Facility, Expandable to 800 Seats—Phase I Construction Corp.increased at the rate of 485%from 1996 New Adult and Youth Classrooms through 1998. NovaCare Rehabilitation Project Executive 3,500 S.F. Medical Tenant Improvement Osseo, Minnesota ANDERSON BUILDERS ComgrchcR ive Project thuAgecrent Srrvkrc Greg Anderson President Select Projects, cont. Oak Hill Office Building Brooklyn Park Interstate Center Project Executive Project Executive 16,500 S.F. Medical/Office Building 92,000 S.F. Industrial Project Redevelopment of a Federal Super-Fund Site Brooklyn Park, Minnesota Heritage Christian Academy Cub Foods Grocery Store Project Executive Project Executive 14 Acre Development 68,000 S.F. Grocery Store 76,000 S.F. Design Build Private Christian School Edina,Minnesota Maple Grove, Minnesota US Bank Operations Center Global North Project Manager Project Executive 360,000 S.F. Data Storage and Control Facility 92,000 S.F. Retail Showroom/Office/Distribution Center St. Paul,Minnesota Curved Walls Exterior/Interior Precast/Metal Panel Building with Structural Steel Frame Fox Hill Village Elaborate Finishes Throughout Project Manager Aggressive Winter Schedule 750,000 S.F.Continuing Care Retirement Community Westwood, Massachusetts Bethany Academy Project Executive 250 West Pratt 63,000 S.F.Design/Build Private Christian School Project Engineer Bloomington, Minnesota 425,000 S.F. Office Towers and Interiors Baltimore, Maryland 4 Rixmann Company Headquarters _ ,r , Project Executive US Automated Warehouse . -,-r 12,000 S.F. Corporate Headquarters Facility, Project Managerg# Burnsville,Minnesota 110,000 S.F.Automated Storage/Retrieval Facility `'1,.V New Brighton,Minnesota r`,, Church of the Open Door Development Manager Minneapolis Children's West ▪x• . ��° ' = 112,000 S.F.Worship/Community Center Project Manager Maple Grove,Minnesota 38,000 S.F. Outpatient Surgery Center 1 , , Lenexa Interstate Center Minnetonka, Minnesota L .�,SE. Project Executive k.',- 2 Building Industrial Developments, 177,753 S.F. Lenexa,Kansas Urbandale Business Center Project Executive 2a 115,000 S.F. Industrial Project ;per Urbandale, Iowa Manufacturer's Services Limited Project Executive 154,265 S.F. Computer Assembly Facility Arden Hills, Minnesota ANDERSON BUILDERS Comyrchcasivc Project lfaoagement Services ' t "�'• v;-,_`- •s r. L- .s -+. ,fir -�5"� .; . 4� `, r''sk ' ,,,,,e.x. r- r'' ., t `' 44-r" `;. . .��*fie?:_ da of a f ` # '' r _.___�' �. , a` •.' '.r ,s•:.:0� 111\F a till ad 3�. �� k �,- } F�11 ���, r `y ram' �..�,sr t 4,�.l. - [.+ t ; `fir��R a,a.r .-1- ,_ � - y��1Jlt %''.1-'11, i�� 81 !1 L 'lk i ' 1 ' 1 .1141, ! -'_'::::.?„,,,,i. ,:. , �_' ';�ti'.` r'` ; ' I \1, ,1 �,� y,' r PRASE 1 i} 4 r "-i �Iz-: ; ' - , ' A Drop off/Covered Walk !#! D ! ! 7'-' '-'6' ; Entry/Lobby 1 �' F> i' ■ ' ■ h C Fireside Cafe •, � ;1 j C W= .L .. ,„ _.ii 53,1. B �� '^i D Educational Wing Y ''( ttiswatira �sVyaar� _ _ 4f - 7�, -� 1 n_� .n �� ^� ,�/ � Courtyard �.A�+1 . f-� r�p- ``ri 1'1 �, . - A` 64 1.•�`� x F Admin/Library `, �� i , 1 _ _ .� f II .. 2 '�i ` ;°' i�` _ Kitchen/Support �„ i_ ,' --._- 1 Ni ) /�it�//.//✓, `� Pp ® ., iJ� �,,%� I ., ' `,N 700 Seat Multipurpose -',. ! ►a -,, I 11 ! Intl �� =l------ -- LL '�4, , L. t �w ) i. (Il 11MIl1U111i� .! �"' ' ! I Future Expansion -9 ) ,',f/ ill l 1 cif :� ,kr�\v'.',, , A Amphitheatre a `\fx,',-2." � '% t (� ! \ ,/ ! B Boardwalk/Dock 'i -y __ _ __ C Out-lot Options 1 i J to u D Existing lot L____—'-� _ - _-�, E FuturelotOpti¢�s ' -— i' auTua6 } F Fields 'k" G Gazebo 1{ H Trails . \ \ PHASE II `1 Drop off This 50 acres of land is located east of Cambridge on the Pj Entry/Narthex corner of Vickers Street and Hwy 95.This land allows us to 3 t 1,300(2,500 shown)seats grow into the future!There are 33 acres for building and I Building Support parking,with acreage for sports fields,playground,an 5 Plaza/OutdoorStage outdoor wedding facility,sledding hill, amphitheater, 6 Future Expansion camp sites and recreation on Lake Skogman.It's beautiful! -' a % � "i'" s j 'p« r ag' a r � ' , z a " ' > a�- a, � '��� w� s � g��� �a �- . Niiiowbrook Cornmunity Church a great place for a fresh start 8.23.06 From Pastor Brad Lead Pastor of Willowbrook Dear Members of the Council, On behalf of Willowbrook we appreciate the opportunity to appear before you on September 5th to present an exciting opportunity for our church, as well as New Scandia. I have written to you in order to debrief you on what has taken place over the past few months in hopes that it might help our time together. Enclosed is a preliminary drawing from Doehrmann Architect that lays out a potential plan for a church building on the current property of Kevin and Sue Nickelson. This parcel of land was brought to our attention several months ago by a member our Search Committee. Since this time we have completed several steps to advance our interest in this property. First, we completed a Phase I Environmental Study (enclosed) that turned up no issues with the land as it pertains to building. Secondly, MN/DOT has met with us to determine access to the property from 97. As noted in their letter ;enclosed), they have agreed access to the land and have even commented to us that in May of 07 Hwy 97 will De resurfaced from Forest Lake (35 W) into New Scandia. They spoke to us about coordinating our efforts at that :ime for a left hand turn lane. Thirdly, Willowbrook completed a successful Financial Campaign in which we raised enough money to fund he purchase of this land. Willowbrook started six years ago with a total of 27 adults. Today, over 500 people are calling Willowbrook their home, many who live in the Scandia - New Scandia area. Obviously, there is great excitement among those at Willowbrook and they are anxiously awaiting the results. \nd finally, we have been in contact with Washington County and have reviewed with them the Shoreland Management Codes to determine what is allowed or permitted on this particular piece of parcel since it borders 3erman Lake. In our discussions together, there has been no ruling on their end as of yet because of the leneral nature of how to classify a church. Namely, every church in Minnesota that has ever been built residential, commercial, agricultural, etc.), always builds under a "special use permit." In other words, the State )f Minnesota does not view a church as a commercial building - but instead they allow it to operate in residential, :ommercial, and agricultural surroundings. In fact, over 70 percent of all churches today are built in residential areas — with a special use permit. This is what makes this particular piece of property (Nickelson) interesting )ecause of the setback (1000 feet) code for all of those "outside" of residential, with several exceptions listed. -he case that we would be making is that our church would continue to pursue a special use permit toward this residential" piece of land because of the nature of how all churches in Minnesota are defined by the State. iteresting enough, lsanti County (which has the same 1000 foot setback) just allowed New Hope Church of ;ambridge to begin construction of their church 450 feet from Skogland Lake based on the same review of hurches and how they are defined and zoned. A special variance was given by the City and County and onstruction is soon to begin. ►ur meeting together on the 5th will be extremely helpful and insightful to all of us involved because it does :present some important landmarks as to how New Scandia defines churches — especially as it relates to a Decial use permit in a residential zone —which includes this parcel of land. r .�# ei "0-) T.'f�"7 � ^k:+6 zy a , k...rka,., do e x k�. '?,� ti; � a €`f . �z �. T. sF �, We have enclosed a preliminary drawing of a "potential" placement of the church based on the elevations and natural water flow levels. The distance from the lake to the back side of the building, which includes parking lot, is approximately 750 feet. It is our belief that such a distance would give adequate protection to the lake while affording a great sense of open space and aesthetic appeal to the community. As a church we are very excited about the potential opportunity to have our church reside in the New Scandia area. While naming our church, we intentionally placed the word, "community," into our title to convey to those around us that we desire nothing more than to partner a strong community together that we all can be proud of for years to come. Again, I want to personally thank you for your time in this matter. We are looking forward to meeting with you on the 5th and on hearing your thoughts or insights on this potential opportunity. Serving Him with You in Mind, Brad Reis Pastor of Willowbrook Community Church •r. STS CONSULTANTS STS Consultants,Ltd. 10900-73rd Ave.N.,Suite 150 Maple Grove, MN 55369-5547 763-315-6300 Phone 763-315-1836 Fax July 24, 2006 Pastor Brad Reis Willowbrook Church 5018 - 200th St. N. Forest Lake, MN 55025 Re: Phase I Environmental Site Assessment— Proposed Willowbrook Church in New Scandia Township, Minnesota; STS Project 200604835 Dear Pastor Reis: STS Consultants, Ltd. has completed the Phase I Environmental Site Assessment (ESA) for the above-referenced site. The purpose of the Phase I ESA was to evaluate the potential for contamination to have occurred on the site. The results of the Phase I ESA showed no evidence of recognized environmental conditions, as defined by ASTM, in connection with this property. In addition, no off-site environmental sites with potential to impact the project site were identified. We appreciate having the opportunity to be of assistance to you on this project. If you have any questions or require further assistance, please feel free to contact us at 763-315-6300. Sincerely, STS CONSULTANTS, LTD. (Anth y . Coryel sect M.•..ger Robe . D.' root, `G PE \J� Prin '.. 'nginee AJC/dn Enc. O R6200604835-1.DOC THE INFRASTRUCTURE IMPERATIVE it 0414ES0T4ZO Minnesota Department of Transportation a Metropolitan District ;4,„,�y¢o a Waters Edge 1500 West County Road B-2 Roseville MN 55113-3174 x _ / July 24, 2006 �� , ;a4 Brad Reis 5018 200th Street N Forest Lake, MN 55025 SUBJECT: German Lake Estates,Mn/DOT Review PRE06-009 N of TH 97, East of Manning Trail New Scandia Township, Washington County Control Section: 8212 Dear Mr. Reis: Wayne Lemaniak and I appreciated the opportunity to meet with you on July 13th to discuss access for the proposed church. Per our discussion, this letter is intended to document the comments made at the meeting. This letter is preliminary and does not constitute an official review from our agency. When this development progresses further though the planning process an official Mn/DOT review, which evaluates all aspects of the development from drainage to plat review, will be required. It is our understanding that the proposed roadway connection from Manning Trail to the German Lake Estates will not be constructed with the current proposal. Therefore, with no access options to the local roadway system, the access onto TH 97 (Scandia Trail) would be allowed. If the roadway connection from Manning Trail were to extend to this parcel in the future, then access for the church should be relocated to the local road. For safety reasons, both right and left turn lanes are required. As discussed, it makes sense to coordinate the construction of the turn lanes with our TH 97 mill and overlay project. The estimated letting date for the mill and overlay project is May, 2007. Thank you for your early involvement with our agency. Please feel free to contact me with any questions at (651) 582-1548. Sincerely, Tod Sherman, Planning Supervisor New Scandia Township Memo To: New Scandia Township Board New Scandia Planning Commission� si From: Anne Hurlburt, Administrator.;J' ' Date: 9/25/2006 Re: Willowbrook Community Church Concept Plan-- Update Representatives of Willowbrook Community Church appeared at the 9/5/2006 Planning Commission Meeting, and at the 9/19/2006 Town Board meeting, to discuss their plans for a church on property on Highway 97 known as German Lake Estates. The main issue for this project is that that the shoreland regulations would need to be amended to allow churches before a conditional use permit application, and any other permits needed to construct a church, could proceed. After the Board meeting, I met with Dennis O'Donnell, Washington County Staff, to discuss the County's position regarding such an amendment. Mr. O'Donnell indicated that the County will not entertain an amendment. A similar proposal to add a currently prohibited use had been brought forward in another community and rejected, so there appears to be a precedent for their position. Given the County's response, the Church has indicated that they will not be attending the upcoming Planning Commission and/or Board meeting. They will consider whether to look for another site, or wait to make a proposal next year. If and when the Township is incorporated, the new City could consider an amendment to allow places of worship in the shoreland overlay district. • Page 1