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03-12-2024 Planning CommissionMarch 12, 2024 The Scandia Planning Commission held their regular monthly meeting on the above date. The meeting was conducted in -person and virtually over an electronic platform. All participants who joined the meeting remotely could hear each other and contribute to discussions. Chair Travis Loeffler called the meeting to order at 7:00 p.m. The following were in attendance: Commissioners Laszlo Fodor, Jan Hogle, Kirsten Libby, Travis Loeffler and Perry Rynders. Staff present: City Planner TJ Hofer, City Administrator Kyle Morell and City Clerk Brenda Eklund. City Council member liaison Steve Kronmiller was also present. PUBLIC FORUM There were no public comments. APPROVAL OF AGENDA, MINUTES Rynders, second by Fodor, moved to approve the agenda as presented. Motion carried unanimously. Hogle, second by Libby, moved to approve the February 6, 2024 minutes as presented. Motion carried unanimously. PUBLIC HEARING: COMPREHENSIVE PLAN MAP AMENDMENT AND ZONING MAP AMENDMENT TO REZONE FROM AGRICULTURAL CORE TO RURAL RESIDENTIAL GENERAL AT PID 24.032.20.42.0003. GREG SANDAGER, APPLICANT Applicant Greg Sandager, on behalf of property owner Riverview Estates LLC, is requesting approval to change the future land use guidance and zoning for part of Parcel ID 24.032.20.42.0003. This parcel is 28.64 acres in size and adjacent to property operating as Rustic Roots Winery. The landowner intends to eventually expand the winery to the subject parcel, and has also applied for an administrative lot line adjustment in order to sell 5.6 acres of the property to 15995 Quality Trail. This is a forested area on the northern part of the parcel that does not serve the winery use. City Planner Hofer explained that in order to process the lot line adjustment and result in a conforming lot at 15995 Quality Trail, a Comprehensive Map Amendment is required to change the guidance of the transferred area from Agricultural Core to General Rural on the Future Land Use map. Additionally, the transferred area will be rezoned from Ag Core to Rural Residential General. Planner Hofer described the standards of the UDC for which a zoning map amendment and Comprehensive Map amendment are evaluated, and found that the standards for this request are met. The transferred property will remain undeveloped as a recreational use for the property owner of 15995 Quality Trail. Planner Hofer noted the comments from the Carnelian -Marine -St Croix Watershed District which described the transferred area to have a large wetland, a protected creek and a bluff line Scandia Planning Commission March 12, 2024 Page 2 of 5 that would make development non -compliant. Hofer said this is a condition put on the findings for approval of the CPA. Resolutions and an ordinance for approval were presented within the Planner Hofer's staff report. Rynders, second by Fodor, moved to open the public hearing at 7:07 p.m. Motion carried unanimously. There were no public comments. Rynders, second by Hogle, moved to close the public hearing. Motion carried unanimously. Commissioner Rynders said he finds the request logical, rational and reasonable and supports this recommendation of approval. Commissioner Hogle stated her agreement. Chair Loeffler asked to clarify that once the 5.6 acres are rezoned and transferred to 15995 Quality Trail, that the remaining acreage will retain Ag Core zoning for use by the winery. Planner Hofer stated yes, a winery and a rural event center are an allowed use in the Ag Core, and the applicant is aware of additional procedures in order to extend the winery use to this land. Rynders, second by Fodor, moved to recommend to the City Council approval of a Comprehensive Plan Amendment and Zoning Map Amendment to rezone part of PID 24.032.20.42.0003 from Agricultural Core to General Rural with findings and conditions as described by staff. Motion carried 5-0 by roll call vote. The recommendation of approval will be presented to the City Council at their meeting on March 19, 2024. PUBLIC HEARING: PROPOSED ORDINANCE AMENDING THE CITY OF SCANDIA SHORELAND MANAGEMENT REGULATIONS, REGARDING THE SUBMITTAL REQUIREMENTS FOR VARIANCES, LOT SIZES, AND VEGETATIVE MANAGEMENT STANDARDS Planner Hofer presented ordinance amendments for changes to definitions, submittal requirements for variances, lot sizes and vegetative management standards as proposed by staff based on the Planning Commission's discussion on certain aspects of the Shoreland Management Regulations that could be improved. The City adopted the current shoreland ordinance in 2018; the DNR model ordinance was most recently revised in April 2022. Hofer said there are parts of the city's ordinance that are not consistent with the DNR model ordinance, as well as areas where the city could create greater standards than the model ordinance. Planner Hofer explained that the proposed amendments will further protect shoreland and preserve vegetation in critical areas within the shoreland impact zone. Hofer said there will be opportunities for future amendments to the ordinance to better align with the Carnelian -Marine - St. Croix Watershed rules when they are updated within the coming year. Scandia Planning Commission March 12, 2024 Page 3 of 5 Planner Hofer reviewed each amended section of the proposed ordinance. • "View corridor" will be added to the definitions. • A variance application for a water resource setback or impervious surface limit will require a tree survey. • The table for lot sizes in Section 6.25 was updated to be consistent with the DNR model and the Unified Development Code. • Vegetation management standards in Section 8.23 improve screening and prohibit certain uses in the bluff impact zone, to be consistent with the DNR model ordinance. • Section 8.26 is new and establishes standards for violations of Section 8.2. vegetation management. Planner Hofer described the review comments received from CMSCWD who advocate for including additional standards for replacement of dead and dying trees when they are removed, a standard not found in the DNR model ordinance. Other standards were recommended for retention of vegetation along the shoreline. Hofer recommended the Commission discuss the Watershed letter. Hofer reported that the DNR issued conditional approval on March 4th, and noted excellent higher standards for some of the proposed amendments. Commissioner Libby questioned language in Section 8.26(B): must all three agencies make findings on a restoration order? Planner Hofer recommended this be changed to "either, or" to lessen time and additional bureaucracy. Commissioner Libby said the Watershed will never warrant or recommend a variance. Because the city relies on Watershed comments when issuing a variance, how do their more restrictive measures fit in here? Planner Hofer said the review criteria for city standards are different from the Watershed; however, staff takes recommendations from the Watershed when writing conditions. Rynders, second by Libby, moved to open the public hearing at 7:36 p.m. Motion carried unanimously. Tom Langer, Carnelian -Marine -St. Croix Watershed District Permit Specialist: Stated the concern of tree and vegetation loss in shoreland resulting in impaired water, and recommended standards to help protect water resources. Offered recommendations to limit the amount of removal or mitigate tree loss. When developing or redeveloping lake property, this is an opportunity to apply standards to protect the lake but not in a way that the owner cannot utilize the lake. Said protecting the critical shore impact zone is a Watershed priority. There were no further comments from the public. Rynders, second by Fodor, moved to close the hearing at 7:43 p.m. Motion carried unanimously. The Commission discussed the Watershed's letter recommending replacement of dead and dying trees by requiring the planting of replacement trees for all trees removed within the shoreland zone. Mr. Langer stated that this provides a mechanism to re-establish lost habitat on riparian Scandia Planning Commission March 12, 2024 Page 4 of 5 lots. Planner Hofer provided draft language in the staff report if the Commission wanted to insert this in Section 8.24. After further discussion, City Administrator Morell explained that this ordinance language as proposed accomplishes a goal of protecting vegetation in critical areas and is a step in the right direction. Once the Watershed updates their rules, the city can have a continued discussion on the ordinance to be more in line with the Watershed and less burdensome for landowners to deal with differing rules between the agencies. Commissioner Fodor stated that most of us here support these changes, but he has an issue with requiring replacement for removal of dead trees; this may be too strict. Administrator Morell said replacement can be encouraged to meet screening standards of Section 8.23. Mr. Langer said the goal is education to protect vegetation in the shoreland. Staff suggested altering the language in the Planner's recommended Section 8.24(A) that removal of trees, limbs, or branches that are dead, diseased, dying, or pose safety hazards is allowed without a permit, provided the standards within 8.23 are maintained. Rynders, second by Hogle, moved to recommend to the City Council approval of the shoreland management ordinance with two amendments: 1) Add "or" to Section 8.26(B); and 2) Add new Section 8.24(A) as recommended by staff. Motion carried 5-0 by roll call vote. GENERAL BUSINESS: DISCUSSION ON EXPANSION OF NONCONFORMING USES At previous meetings, the Commissioners discussed the process in the Unified Development Code that allows for the expansion of nonconformities through an Administrative Permit, and their concerns that there should be limits on the ability to expand after approval of a variance. Planner Hofer said he consulted with City Attorney Larson on the standards of the UDC nonconformity section, who summarized that the process permits a property owner the right to upgrade a legal, nonconforming structure administratively as long as the expansion does not expand a structural nonconformity. Staff suggested that if there are concerns, to add a condition to a variance approval that would limit the ability to expand in the future. Staff proposed "The building/structure cannot be expanded through the procedure outlined in 153.500.100, Subd. 3(D)." Planner Hofer said each variance should be looked at uniquely rather than to make a blanket change to language in the UDC, as this could increase the number of variance requests substantially in the long run. Chair Loeffler recommended that staff make this a default condition in every variance which can potentially be removed by the Commission if needed. Scandia Planning Commission March 12, 2024 Page 5 of 5 Planner Hofer said he will consult with Attorney Larson to clarify the term "structural nonconformity" and report back. Hofer added that this recommended condition will be evaluated for the next few variance applications, but not necessarily every variance needs this condition. CITY COUNCIL UPDATES Council member Kronmiller reported on the City Council's agreement with the Commission's Chair and Vice Chair appointments at their February 20th meeting. The Council also adopted changes to its Administrative Citations and Civil Penalties ordinance. FUTURE ITEMS: Next meeting —April 2, 2024 Planner Hofer reported that Council directed staff to consider density updates to the comprehensive plan. There will be a public hearing at the April meeting on the proposed amendments. ADJOURNMENT Rynders, second by Libby, moved to adjourn the meeting. Motion carried unanimously. The meeting adjourned at 9:00 p.m. Respectfully submitted, Brenda Eklund, City Clerk