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08.b Draft minutes 07-02-2024 Planning CommissionJuly 2, 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 7:01 p.m. The following were in attendance: Commissioners Laszlo Fodor, Jan Hogle, Kirsten Libby, and Travis Loeffler. Absent Perry Rynders. Staff present: City Planner TJ Hofer and City Administrator Kyle Morell. City Council member liaison Steve Kronmiller was absent. PUBLIC FORUM There were no public comments. APPROVAL OF AGENDA, MINUTES Libby, seconded by Fodor, moved to approve the agenda as presented. The motion carried unanimously. Hogle, seconded by Fodor, moved to approve the June 4, 2024 minutes as presented. The motion carried unanimously. PUBLIC HEARING: AFTER-THE-FACT VARIANCE AT 19200 MEADOWRIDGE LANE CIRCLE TO ALLOW IMPERVIOUS SURFACE (PATIO) AND STRUCTURE (SHED) WITHIN THE SETBACK FROM THE ORDINARY HIGH-WATER LEVEL OF A RECREATIONAL DEVELOPMENT LAKE. City Planner Hofer described an application proposed by Tim and Amy Hill requesting an after- the-fact variance for impervious surface and structure setback from the ordinary high-water level (OHWL) setback of Big Marine Lake, a recreational development lake. The existing accessary structure encroaches into the OWHL setback by approximately 39.19 ft., and the existing firepit encroaches into the OWHL setback by approximately 53.00 ft. The property is in the Tii Gavo neighborhood and is subject to the neighborhood’s Homeowners Association (HOA). Planner Hofer reviewed the criteria related to the approval of a variance, found the request inconsistent with the Unified Development Code, and recommended that the variance be denied. The plight of the landowner is due to the property owner’s actions. Hofer noted that if the variance is denied, the shed would either need to be removed or relocated outside the OHWL setback. The fire pit would either need to be removed, or the impervious surfaces would need to be replaced with a pervious surface, such as sand. Hofer provided two alternatives, one being a resolution to approve with findings and conditions. Comments related to the variance request were received. The Carnelian Marine Watershed District does not support the variance request, as variance from lake setbacks impacts the lake's long-term health. Scandia Planning Commission July 2, 2024 Page 2 of 5 Libby, second by Hogle, moved to open the public hearing at 7:10 p.m. Motion carried 4-0. Property owners Tim and Amy Hill addressed the Commission. They stated their house was built in 2017 and the shed was built one year later. They spoke with the City at that time about the correct location for the shed and were not made aware of the OHWL setback needed to be considered. The shed is in the only location their HOA would allow, based on its rules. Their fire pit was installed by a contractor who contacted the City and was told no permits or restrictions applied. Hogle, seconded by Fodor, moved to close the public hearing at 7:13 p.m. Motion carried 4- 0. Commissioner Libby stated the shed and fire pit were installed around the same time and asked if the City’s rules were different. Planner Hofer stated the rules have not changed, and given the size of the respective projects, they would not necessarily require permits. Commissioner Hogle believes the issue was created by the HOA and does not blame the property owners. The Commission explored alternative locations for the shed during their site visit, but the homeowner would need HOA approval to move the shed. Commissioner Libby believes it may be advisable to table the request until the homeowner meets again with the Watershed District next week. Planner Hofer noted the review deadline allows for further discussion at the August Planning Commission meeting. Staff will ask the Watershed for a report on their visit with the homeowner and will provide it to the Commission in August. Libby, second by Fodor, moved to table this variance request until August. Motion carried 4-0 by roll call vote. PUBLIC HEARING (CONTINUED FROM MAY 7 AND JUNE 4, 2024): ZONING MAP AMENDMENT TO REZONE 13952 205TH STREET NORTH FROM RURAL RESIDENTIAL GENERAL TO VILLAGE NEIGHBORHOOD, A SITE PLAN REVIEW FOR A MAJOR PROJECT, A PRELIMINARY PLAT, AND A WETLAND REVIEW TO DEVELOP THE PROPERTY AS LAUREL RIDGE DEVELOPMENT. APPLICANT DWAYNE SIKICH, CONTINUUM DEVELOPMENT GROUP, ON BEHALF OF PROPERTY OWNER MITCHELL JOHNSON The applicant is requesting approval for a zoning map amendment (rezoning), site plan review for a major project, preliminary plat, and wetland review to subdivide a single 39.47-acre parcel for single-family residential development to be known as Laurel Ridge. The proposed subdivision would create eight lots for development. Access to the lots would be via new individual driveways along 205th Street North. The Planning Commission held a public hearing at their meeting on May 7 and June 4, 2024, and moved to continue the hearing to July 2nd to allow the applicant time to address the City Engineer’s concerns regarding stormwater management and to address safety concerns. Planner Hofer reported that staff did receive an updated submittal but not in time to review it for this Scandia Planning Commission July 2, 2024 Page 3 of 5 meeting and recommended tabling the application to the August 6, 2024 Planning Commission meeting. The applicant submitted a waiver of their rights under Minnesota Statutes §15.99, extending the review deadline of the project until September 15, 2024 Hogle, second by Fodor, moved to open the public hearing at 7:32 p.m. Motion carried 4-0. Dwayne Sikich of Continuum Development addressed the Planning Commission, explaining the Carnelian Marine Watershed District gave preliminary approval to this project in April. Yet, the City has required three preliminary plat submittals and two meetings with staff to discuss stormwater management. He believes the City is subjecting the project to stormwater standards that are not applicable to a project of this size. The City was presented with a letter from the Minnesota Pollution Control Agency exempting them from the state stormwater requirements because their modeling meets the spirit of the MPCA stormwater rules without meeting the specific rules. Commissioner Libby asked whether any further discussions have been had about alleviating the safety concerns voiced at earlier public meetings. Dwayne gave no comment. Planner Hofer stated that the City does not have data to back up concerns and may not be able to require anything to address them. Mitchel Johnson, the property owner, asked the Commission to consider preliminary approval at tonight's meeting and not to push the approvals back to August. Libby, seconded by Fodor, moved to close the public hearing at 7:39 p.m. Motion carried 4- 0. Commissioner Libby asked whether the public hearing should stay open so that further comments may be offered based on new submittal information and future staff reports. Chair Loeffler believes residents have had three months to offer in-person and written comments. He is not sure another round of public input will provide the Commission with anything new. Libby motioned to re-open the public hearing. Motion failed for lack of a second. Commissioner Libby stated her focus is on what is needed for approval, specifically the health, safety, and wellness requirement, which, in her eyes, the development does not meet. No work has been done to alleviate any of the concerns of the adjacent homeowner. Planner Hofer stated the City does not require a traffic study unless more than 50 homes are proposed. Commissioner Hogle stated for the City to come to findings regarding safety, there needs to be something measurable to support the concerns. Planner Hofer read through the conditions for denying a preliminary play application in Chapter 153.500.080 in the City’s Unified Development Code. Chair Loeffler believes the only hangup could be the development could be detrimental to the health, safety, and wellness of the public, but he believes the comments that have been received may be grasping to find excuses or defend something that is hard to defend. He believes the Scandia Planning Commission July 2, 2024 Page 4 of 5 development is being done in a responsible manner. His biggest concern is the marked trail along 205th St N, where there is no trail for people to use, and he wonders if the City has liability for having a named trail without a safe and separate trail for people to use. Traffic concerns may be overblown as only 5 new driveway entrances are proposed since they will be aligned when possible, and people are not constantly entering and leaving their driveways. Loeffler seconded Libby’s motion to keep the public hearing open. The motion passed 3-1 by roll call vote, with Hogle voting against. Loeffler motioned to table the Laurel Ridge application until August. The motion passed unanimously. GENERAL BUSINESS: SITE PLAN REVIEW FOR A MAJOR PROJECT – SCANDIA PLAZA EXPANSION, 21190 OZARK AVENUE NORTH (PID 1403220430008 AND 1403220430010). APPLICANT JAMB ARCHITECTS ON BEHALF OF PROPERTY OWNER STEV STEGNER This application was initially submitted to the Commission at their June meeting. The applicant is requesting approval of a site plan review for a major project located at 21190 Ozark Avenue North to expand the Scandia Plaza with an addition on the west end of the building. The proposed use of the expansion is for a clinic, which is permitted in the Village- Core District. The Unified Development Code (UDC) classifies the proposed project as a major project for the city to verify that the project is consistent with the standards of the UDC, including Character Area Standards for the Village Districts. The applicant has continued to work with the City to provide all the needed information. A public hearing has been scheduled for July 16, 2024, to discuss the vacation of drainage and utility easements on the property, which is required due to the building expansion. The applicant will combine two lots, which will resolve the dimensional lot standard concerns. Utility approvals from Washington County, watershed approval, stormwater, and landscape plans are all in progress. Character Area Standards within the UDC are also being considered in the design. Planner Hofer is recommending approval of the proposed site plan with conditions. The Commission expressed support for the project and believe the conditions outlined are appropriate. Libby motioned, seconded by Fodor, to recommend that the City Council approve Resolution 07-16-24-XX Approving a Site Plan for the Scandia Plaza Expansion. The motion was approved unanimously. CITY COUNCIL UPDATES Staff informed the Commission that the Metropolitan Council had rejected the City's Comprehensive Plan Amendment application. The newly proposed density limits do not meet the requirements of the Council’s rural designation for the City. The Council will discuss this at their July meeting and decide how to proceed. Scandia Planning Commission July 2, 2024 Page 5 of 5 FUTURE ITEMS: Next meeting – August 6, 2024 The Hill variance will be brought back for additional review, and the public hearing for the Laurel Ridge development will continue. ADJOURNMENT Hogle, second by Libby, moved to adjourn the meeting. Motion carried unanimously. The meeting adjourned at 8:23 p.m. Respectfully submitted, Kyle Morell, City Administrator