The URL can be used to link to this page

Planning Commission Meeting Packet 11 14 2006NEW SCANDIA TOWNSHIP PLANNING COMMISSION AGENDA NOVEMBER 14, 2006 7:30 P.M. 1. Call to order by Chairman Chris Ness 2. Public Hearings a) Dave and Amy Hume, 14939 Old Marine Trail. Variance to Construct Third Accessory Structure b) Eugene and Bonnie Thielbar, 19471 Manning Trail N. Lot Size and Setback Variances for Development of Lot on Big Marine Lake c) Amendment to Section 11.2 (2) of Chapter 2 of the Development Code re: Cluster Developments/ Open Space Design Subdivision in the Shoreland Overlay District d) Amendment to Section 9.13 (1) of Chapter 2 of the Development Code re: Design of Accessory Structures 3. New Business a) Request of Pamela Huberty for Amendment to Development Code Section 10.31 (2)(I) concerning Swimming Pools b) Presentation from Tiller Corporation re: proposed Zavoral Property Mining and Reclamation Project c) Steve May. Review Concept Sketch for Revisions to Emerald Acres Subdivision d) Consider Rescheduling the January 2, 2007 Planning Commission Meeting 4. Old Business a) Review of Conditional Use Permits 1) Keith's Landscaping, 15169 Scandia Trail 2) Am -Tech Design, Hawkinson Business Park 5. Additions to the Agenda 6. Adjournment Meeting Date: Agenda Item: 11 /14/2006 Planning Commission/ Town Board Agenda Report Town of New Scandia 14727 209" St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Consider the application of Dave and Amy Hume, 14939 Old Marine Trail for a variance to construct a third accessory structure, proposed to be barn -red in color. Deadline/ Timeline: The complete application was received on October 5, 2006 and the 60- day review period will expire on December 4, 2006. Background: • Ms. Farrington will present her report and recommendations at the hearing on November 14, 2006. • Also at the November 14 meeting, the Commission will hold a public hearing on a proposed amendment to Section 9.13 (1) of Chapter 2 of the Development Code re: the design of accessory structures. If this amendment is adopted, the variance regarding the color of the proposed accessory structure will not be needed. Recommendation: The planners recommended approval of the variance, with conditions listed in the 10/31/06 report. The findings and recommendations have been incorporated into a draft resolution for use by the Commission and Town Board. Attachments/ . Draft resolution Materials provided: . TKDA Memorandum dated 10/31/2006 • Applications materials Contact(s): Berry Farrington, TKDA 651 292-4400 Prepared by: Anne Hurlburt, Administrator (hume variance) Page 1 of 1 11/02/06 NEW SCANDIA TOWNSHIP RESOLUTION NO. HUME VARIANCE FOR A THIRD ACCESSORY STRUCTURE, BARN -RED IN COLOR WHEREAS, Dave and Amy Hume has made application for a variance to allow a third accessory structure that is barn -red in color, located at 14939 Old Marine Trail North; and WHEREAS, the property is legally described as follows: THAT PART OF Sect-26 Twp-032 Range-020 PT SW1/4-SE1/4 263220 PT OF BEG THIS DES IS S 1/4 CORN SD SEC THEN NELY BY DEFLECT ANG TO LEFT 24DEG02' BEAR N65DEG 58'E 1222.0 FT TO INTER WITH C/L OF EXIST TWP RD AS NOW LOCAT & TRAV. THEN N48DEG.5I W ALONG SD CEN LINE TN RD 302 FT THEN NWLY 264.0 FT ON TAN CURVE CONCAVE TO S HAVING CENT ANG 66DEG.26' & RADIUS OF 227.69FT THEN S 64DEG.43'W 323.OFT THEN WLY 282.21FT ON TANG CURV CONCAVE TO N HAVING CENT ANG OF 48DEG.37' & RADIUS 332.60FT THEN N66DEG.40'W 94.OFT TO ITS INTERS WITH W LINE SWIA SETA SEC 26 THEN S ALONG W LINE OF SW1/4 SEIA SEC 26 625.7 FT TO POB -SUBJ TO R/W TWP RD AND:THAT PT SW 1/4-SE1A S26T32 R20 WASH CO MN DESC AS FOIL: BEG @SW CORN SDI/4-1/4 THN ON AZIM FROM N66DEG05'29"(THE S LN OF SDI/4-1/4 HAV AZIM OF 90 DEG07'29" ORIENT TO WASH CO CO ORDINATE SYS NAD 83) ON A LN DEFLECT 24DEG02' NWLY FROM THE S LN SDI/4-1/4 DIS 1222.OFT THN ON AZIM OF 131DEG16'29" A DIS 17.26FT THN ON AN AZIM OF 246DEG33'21" A DIST 1142.70FT TO PT ON SD S LN OF SWl/4-SE1/ 4 DIST 14.26FT E OF THE POB THN ON AN AZIM OF 270DEG07'29" ALG SD S LN DIST 14.26FT TO POB. ALSO DESCRIBED AS PARCEL NUMBER 2603220430008. WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on November 14, 2006, and has recommended approval; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE TOWN BOARD OF NEW SCANDIA TOWNSHIP, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the request of Dave and Amy Hume for a variance. The criteria for granting a variance have been met based on the following findings: 1. The addition of a garage is a reasonable use for the subject property. Attaching the garage to the historic home is not a reasonable option because it would detract from the historic Resolution No.: Page 2 of 3 character of the property. Tearing down either the chicken coop or the barn are not reasonable options because this would also damage the historic nature of the farmstead. 2. Preserving the historic, rural character of the property is in keeping with the spirit of the Ordinance and is consistent with the Comprehensive Plan. 3. The color and design of the proposed garage complements the existing historic accessory structures. The proposed design protects the area's essential character. In addition, there is a proposed amendment to the Zoning Ordinance that would allow this type of design without a variance. 4. The hardship is present due to the unique circumstances of the property — its historic rural quality - not caused by the landowner. 5. The total square footage of the three accessory structures will not exceed the maximum established in the Ordinance. 6. The proposed accessory structure conforms to all setback requirements and other design requirements. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. That the accessory structure not exceed 960 square feet and is located as shown on the General Site Plan dated October 14, 2006. 2. That the accessory structure's design conforms to the. Hume Garage elevations dated September 12, 2006 and that the exterior is barn red in color. 3. That all fees are paid. Adopted by the Town Board of New Scandia Township this fourteenth day of November, 2006. Dennis D. Seefeldt, Chairman Resolution No.: Page 3 of 3 State of Minnesota ) ) ss. County of Washington ) I, the undersigned, being the duly qualified and appointed Clerk of New Scandia Township, Minnesota do hereby certify that I have carefully compared the foregoing resolution adopted at a meeting of the New Scandia Town Board on November 14, 2006 with the original thereof on file in my office and the same is a full, true and complete transcript thereof. Witness my hand officially as such Town Clerk and the corporate seal of the Town of New Scandia, Washington County, Minnesota this day of 2006. Anne Hurlburt Administrator/ Town Clerk New Scandia Township ATTEST: Town Clerk TKDA ENGINEERS - ARCHITECTS - PLANNERS MEMORANDUM 444 Cedar Street, Suite 1500 Saint Paul, MN 55101-2140 (651)292-4400 (651)292-0083 Fax www.tkda.com To: Planning Commission, Town Board, Reference: Hume Accessory Building Variance Anne Hurlburt, Town Administrator Request New Scandia Township Copies To: Dave and Amy Hume Proj. No.: 13582.014 From: Richard E. Thompson, AICP New Scandia Township, Minnesota Berry Farrington Routing: Date: October 31, 2006 SUBJECT: Hume Accessory Building Variance Request MEETING DATE: November 14, 2006 LOCATION: 14939 Old Marine Trail North Southwest Quarter of the Southeast Quarter, Section 26, Township 32 North, Range 20 West New Scandia, Minnesota APPLICANT: Dave and Amy Hume ZONING: Agricultural District (AG), Shoreland District ITEMS REVIEWED: Application, Site Plan, Letter, Historic Documentation, Site Photos, and Proposed Accessory Structure Elevations. BRIEF DESCRIPTION OF THE REQUEST: The Applicant requests a variance to allow a third accessory structure that would be barn -red in color. The subject property is a 10.29-acre parcel located at 14939 Old Marine Trail North. It is zoned Agricultural (AG) and is within the Shoreland District for Sand Lake, a Natural Environment Lake. The property is the Applicant's residence and hobby farm. The proposed accessory structure is 960 square feet and would be used as a garage and workshop. For a parcel of this size, the Ordinance allows a maximum of two accessory structures, and so a variance is required for a third accessory structure. The Ordinance requires that the accessory structure resemble the principle structure, and so a variance is also required for the proposed accessory structure to be barn -red. BACKGROUND: The New Scandia Township 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 An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Hume Accessory Building Page 2 October 31, 2006 New Scandia Township 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: Number of Accessory Structures For parcels that are 3 to 20 acres in size, The Ordinance permits two accessory structures. The request is for three accessory structures on a 10.29-acre parcel. The Applicant describes the hardship specific to the request in a letter dated, October 4, 2006. The two existing accessory structures, a 1,800-square foot barn and a 288-square foot chicken coop, are used to house chickens and llamas. The Applicant indicates that the barn is not suitable for storing vehicles, and so the proposed garage is needed. In this climate, it is reasonable to have a place (garage) to store vehicles. For this reason, we believe Condition 1 is met. A variance would not be required to attach the proposed garage to the house, but the Applicant indicates that doing so would harm the historic character of the property. The Applicant's research finds that the house was built in the 1850s, the barn in 1929, and the chicken coop was likely built before 1929. Together these buildings form the historic farmstead. To remove one building in order to meet the limit on the number of buildings would harm the historic farmstead. In addition, the circumstance unique to the property in this case is that the house is an historic structure, and there is not a way to attach the garage to the house without harming the house's historic character. This hardship is not created by the landowner but is due to the circumstances of the property. The_Planners find that the addition of a garage is a reasonable use of the property. and that removing one of these building would adversely affect their historic nature of the farmstead and the garage cannot be attached to the house without detracting from the house's historic character. The Planners find that in the case of the number of accessory structures strict enforcement of the Ordinance would cause unnecessary hardship Size of Accessory Structures Parcels between 10 and 20 acres in size may have accessory structures with a maximum total of 3,500 square feet. The square footage of the existing barn and chicken coop is 2,080 square feet. The proposed garage would be 960 square feet. The total area of the three structures would be 3,336 square feet within the Ordinance requirement. Building Design and Materials The Applicant requests a variance to build an accessory structure that does not resemble the principle structure as required by Ordinance. The proposed accessory structure would be barn -red. In addition, the Applicant proposes to paint the existing barn barn -red, thus creating an integrated farmstead. The granting of the variance for appearance of the structure would not alter the essential character of the area because it is consistent with the historic outbuildings on the property. In addition the Township is considering an Hume Accessory,Building Page 3 October 31, 2006 New Scandia Township amendment to the Zoning Ordinance to allow for cases where the accessory structure does not need to resemble the principle structure Accessory structures on parcels less than 20 acres in size must have a minimum overhang of 1 foot with finished soffits. The proposed structure has an overhang of 1.5 to 2 feet and finished soffits meeting Ordinance standards. Setbacks The proposed structure has a front setback of approximately 225 feet measured from the centerline of Old Marine Trail. The New Scandia Zoning Ordinance requires a setback of 100 feet from the centerline of a Township Collector. The proposed accessory structure is not closer to the road than the house. The proposed site for the structure is outside of the rear side and front ,ard setbacks. 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 to allow the third accessory structure as proposed and to allow the proposed garage and other outbuildings to be painted barn -red, to be located at 14939 Old Marine Trail North. The Planners determine that the criteria for granting a variance have been met based on the following findings: 1. The addition of a garage is a reasonable use for the subject property. Attaching the garage to the historic home is not a reasonable option because it would detract from the historic character of the property. Tearing down either the chicken coop or the barn are not reasonable options because this would also damage the historic nature of the farmstead. 2. Preserving the historic, rural character of the property is in keeping with the spirit of the Ordinance and is consistent with the Comprehensive Plan. 3. The color and design of the proposed garage complements the existing historic accessory structures. The proposed design protects the area's essential character. In addition, there is a proposed amendment to the Zoning Ordinance that would allow this type of design without a variance. 4. The hardship is present due to the unique circumstances of the property — its historic rural quality - not caused by the landowner. 5. The total square footage of the three accessory structures will not exceed the maximum established in the Ordinance. Hume Accessory Building Page 4 October 31, 2006 New Scandia Township 6. The proposed accessory structure conforms to all setback requirements and other design requirements. The Planners recommend approval with the following conditions: 1. That the accessory structure not exceed 960 square feet and is located as shown on the General Site Plan dated October 14, 2006. 2. That the accessory structure's design conforms to the Hume Garage elevations dated September 12, 2006 and that the exterior is barn red in color. 3. That all fees are paid. NEW SCANDIA TOWNSHIP 14727 209771 Street North, P.O. Box 128, Scandia, MN 55073 Tel.651-433-2274 Fax:651-433-5112 AP—P-LICATION FOR CONSIDERATION OF PLANNING REQUEST Name: Street Location, of Property: J. Lkg3C1 O t d i&CIV Legal Description of Property: S w ` 1(4 S F- 114 SW— f'1`�Ju�J- Parcel ID (GEO Code): 0 ?C) ©c-� 0 g Property Owner(s): Phon VIA 3 SZ� �13 -�Zs3 Address b NAT-�1 Otd iVlO.vt� ��ai� email: fax: do.�ce, l�vw� Q vHv�. C©V64- cos 'k9b - a o ApGcant (if different than Property Owner): Phone �� DESCRIPTION OF REQUEST (Please attach letter): ZL'PE OF REQUEST: 0 Preliminary Plat Public Hearing 0 Conditional Use Permits for New Construction 0 Minor Subdivision 0 Conditional Use Permits in Existing Building Variance Public Hearing 0 Other Present Zoning Classification: Existing Use of Property:- '� 00 All requests for Planning Action must be accompanied by a completed Chec RECEIVED OCT — 5 2006 TOWNSHIP appropriate notations of compliance. Applicant understands that all fees incurred resulting from the review of this request will be the responsibility of the undersigned and will be paid in a timely manner. Signature of Applicant: 1 Date: Accepted as complete on by. Approved Denied Planning Cominiirion Date Approved Denied Town Board Date LEGGETTE, BRASHEARS & GRAHAM, INC. PROFESSIONAL GROUND -WATER AND ENVIRONMENTAL ENGINEERING SERVICES 8 PINE TREE DRIVE SUITE 250 ST. PAUL, MN 55112 (651)490-1405 FAX (651) 490-1006 October 4, 2006 Ms. Anne Hurlburt New Scandia Township Administrator 14727 209'h St North P.O. Box 128 Scandia, MN 55073 Re: Variance Request 14939 Old Marine Trail N. Dear Ms. Hurlburt: Thank you for meeting with me recently to discuss the New Scandia Township (Township) development code as it relates to a garage that for the above referenced property. The purpose of this letter to provide Township with the information necessary to consider two variances of the Township's Development Code related to accessory structures. My wife Amy and I are proposing a one-story structure be built on our 10.1 acre property located at 14939 Old Marine Trail. The structure will be utilized as a garage and workshop. In general, the variances were are asking the Township to consider are as follows: The Code allows for two accessory structures on parcels between 10 and 20 acres. We currently have two existing structures (barn and chicken coop). The garage, if built, would be a third. • The Code also states that accessory structure be built to conform to the primary structure or dwelling on the property (i.e. the house). Our proposed garage will be built as an outbuilding in such a way that it conforms to the barn and coop and preserves the historic characteristics and integrity of our farm. First, a little history of our farm... LOUISIANA • MISSOURI • ILLINOIS • SOUTH DAKOTA • FLORIDA • OHIO • NEW JERSEY . PENNSYLVANIA • TEXAS MASSACHUSETTS • WISCONSIN • NEW YORK • CONNECTICUT Ms. Anne Hurlburt -2- October 4, 2006 From the information we have gathered, we understand our house was built and homesteaded in the mid-1850's for a local lumber miller, Frederick von Lammers. Lammers settled in the area from Germany. Prior to moving into the house, he married Helena Nilson while living in Taylor Falls. Nilson was the daughter of Daniel Nilson who was one of the first Swedish settlers in Scandia, and is considered the "Founder of the Scandia Community" as stated in Scandia Then and Now by Anna Engquist (see attached pages 12-13 from Engquist). Lammers was asked to move to the Scandia area to operate a mill in Marine. According to the tax record, Lammers was given 100 acres and the house located on the south side of Sand Lake. Lammers eventually sold the property to the Erickson family in the late 1800s. Although the 100-acre property was partially sold off over the years, the Erickson family owned the property until we purchased it in 1994. Past 12 years... My wife and I purchased the property and house because we were looking for an "old house" in a rural area that we could preserve the historical character. We have spent more than 10 years renovating the house being careful to keep this historical look and feel. We have attached pictures of the property with this letter. The barn is 30'x 60' and was built in 1929; the chicken coop or hog barn probably earlier. We currently have livestock (2 lamas and chickens) that occupy these structures. In addition to using the barn for livestock, the barn is built in such a way that using it as a garage for multiple vehicles is not practical and would require modifications that would destroy the historical integrity of the structure. We understand that if we were to attach the proposed garage to our house, we would not have to file for this accessory structure variance. We have consulted with local architects and have considered attaching the garage to the house. At this time, we have not found a suitable location or design where an attached garage would work without severely disrupting the views from our house in addition to destroying the historical integrity and look. In keeping with the agricultural feel for which our property is zoned, we have designed a garage that will "fit" this character and match the other outbuildings on our property as well as others in the area. As shown by the plans the garage will be single story, saltbox style and finished with barn -like siding and painted barn red to match our other outbuildings. Please note that the existing barn will be painted barn red in 2007. Thank you for your consideration regarding the variances. Sincerely, Dave and Amy Hume 14939 Old Marine Trail Marine on St. Croix, MN 55047 (615) 433-4254 dave. humet�lbgmn.com CADSMGarage\Variance letter - New Scandia Township.doe First Swedish Settlers Sandahl moved farther west in the summer of 1851, and he later returned to Sweden where he died a few years later. Fernstrom stayed on in Scandia until the spring of 1852 when he left on a log raft for New Orleans. Subsequently he paid several visits to the Scandia area: in 1865, after a visit to Sweden, he called on his old friend and companion, Oscar Roos, in Taylors Falls. He visited him again in 1898 shortly before Roos died. Pastor Theodore Kjellgren of the Scandia church reported that Fernstrom stopped by for a pleasant visit in 1903 when he came to see the monument erected at Hay Lake. At that time he was a resident of Lone Tree, Iowa, where he was engaged in farming and banking. Daniel Nilson, who bought the property of the original three settlers, was accompanied by his wife, Margareta Elisabeth, and three children, Helena, Kristina and Peter. Helena Nilson became the first Swedish bride in Minnesota when she married Fredrick Lammers on September 18, 1852. Martin Forsell has told the further story of this first Swedish bride in Minnesota: When Helena Nilson married Fredrick von Lammers, a German nobleman whom she had met at Taylors Falls, the marriage was performed by Rev. Gustav Unonius, a Swedish Episcopal mission- ary clergyman. The wedding dress had been made by Mrs. Martha Rosengren, a neighbor whose name appears on the charter list of the Elim Lutheran Church of Scandia. The young bride moved with her husband: to Taylors Falls where he had built a house, whipsawed from butternut logs. There they lived until about 1865 and there were born eight of their children. One of the last battles of the Chippewa and Sioux Indians was fought in a valley, apparently on the Lammers' farm. It caught Helena and the children on one hillside, and Fredrick across on the other. A great number of arrow and spear heads, as well as battle axes have been found on this land, and some of those killed were buried in a pasture on the Lammers farm. For a long time afterward the older boys kept watch with a gun while the family worked in the fields. Mr. Lammers was a man of considerable business acumen and was soon operating his own logging camp at Vasa (Copas.) He also served as assessor for the county. A Mr. Sabin, a lumber operator at Marine, offered Lammers a free farm if he would move 12 Mr. and Mrs. Frederick Lammers (first Swedish T bride in Minnesota) K to the Marine settlement. This brought the family to the south en o an on y a mile from Helena's girlhood home. In this home were born. seven more children, making a total of fifteen in all. Sand Lake (now the Merrywood development) was rated as a jewel even in the early days. Mother Helena carried water from the lake to the church so that her children would be baptized in the clear, pure water. Possibly the happiest occasion at Sand Lake was the visit of Jenny Lind, the famous Swedish singer, who was a friend of the Daniel Nilsons (Helena's parents) from their former home in Sweden. Her concert tour to America brought her to Stillwater in 1880. The enterprising Fredrick Lammers bought the first rubber - tired buggy in the whole countryside in order to convey "The Swedish Nightingale" to their home. There she visited for a week, and she, too, enjoyed swimming in Sand Lake. When the family was grown, the Lammers' moved to Stillwater where Mr. Lammers hoped to retire, or at least take life easier, but on the day they moved to this new home Mr. Lammers died on the doorstep, February 12, 1896. Helena spent the rest of her days in the new home he had provided. So ends the story of the first Swedish bride in Minnesota. The beautiful girl's adventuresome life is typical of the life story of early settlers in Minnesota. They left a heritage of industry, honesty, fear of God and love of country. 13 �la�' d QR i f d First Swedish Settlers Ell .__ V. - - �- ---- {I t t I r_ • InlrAf 1 �• / , 1 ' 1 -•� •'� { � -r- •7 �' Ifs• - ••J. �'p�t:. *' : _ � �•, f � � � ..w •• ` - l it - • _ � � � _ __ - � III - � �• Y , � Y � f" ••r'y- I' rrr., v �, .r 3 r Y d „�3- ; I�. } �,:5 �' � j;(�• 11 ' ini i I 'J � • v � rt ). µ s if � J• -t E� 3 L 1 qV- rotl- Tr�ICAT;' SlR1/EYCERAm P,SIW&4ET ST11-4WAT,9 My, ed 1s4'64r No: 705 No. B-601 W-y4;,io* e L5cc Z. Zdz, , /7 - ..Y.72.40ah, :0 iL. rx CD X 66 ors Be SURVEY MADE '' rou "e, Mr. r*j-d"*Nridkec'%I R7D j X#i-jus 4A St. Oral -DESCRIiTION-. Tiw tracts:-Sf land of 13. no r @a. &ad*,- am Sw :of SEJ of Sec.132 t the -P 17 &mKm*s e so Twpo' wishi.pg to Hian amd, iorroct plot �4- LEGGETTE,BRASHEARS & GRAHAM, INC. 8 PINE TREE DRIVE SUITE 250 ST. PAUL, MN 55112 (651) 490-1405 • FAX (651) 490-1006 www.lbgweb.com JOB 14 NM E cn N"TE SHEET NO. CALCULATED BY CHECKED BY . SCALE I (r — I OC r OF__ ` / 1 DATE 16 14 f o k DATE MEN on WE mi mm OZ--KZ (916 - 9 (e) v 1,8, v (e) -g�l N, n OOim V-109"')so .L,TWISN" dVo'ci '19 LO -ram 7W AV-W.J IS(H vAgoo v '5awN 'sws 'swsta4cl Tw AAgm ism X24W 19 �!Qd� '4`- - LL! tLI cz. Gt pa Meeting Date: Agenda Item: Planning Commission Agenda Report Town of New Scandia 14727 209a' St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 11 /14/2006 a_'6) Pc, Action Requested: Open and continue the public hearing on the request by Eugene and Bonnie Thielbar, for lot size and setback variances for development of a lot on Big Marine Lake, located at 19471 Manning Trail N. Deadline/ Timeline: The complete application was received on October 19, 2006 and the 60-day review period will expire on December 18, 2006. We have requested that the applicant waive the review deadline. Background: • After the application was scheduled for hearing, it was found that there is doubt about the elevation of the Ordinary High Water (OHW). The DNR is currently reviewing the survey and will determine the accurate OHW. • Without this information, it is not possible to review the application. Recommendation: The planners recommended that the Planning Commission continue the hearing, to a date to be determined after the DNR has ruled on the OHW. Attachments/ • TKDA Memorandum dated 10/31/2006. Materials provided: e January 17, 2006 letter from Washington Conservation District • Survey Contact(s): Berry Farrington, TKDA 651 292-4400 Prepared by: Anne Hurlburt, Administrator (theilbar variance continuance) Page 1 of 1 11 /03/06 TKDA ENGINEERS • ARCHITECTS - PLANNERS MEMORANDUM To: Planning Commission, Town Board, Anne Hurlburt, Town Administrator New Scandia Township Copies To: Eugene and Bonnie Thielbar From: Richard E. Thompson, AICP Berry Farrington Date: November 3, 2006 SUBJECT: MEETING DATE: LOCATION: APPLICANT: BACKGROUND: 444 Cedar Street, Suite 1500 Saint Paul, MN 55101-2140 (651)292-4400 (651) 292-0063 Fax www.tkda.com Reference: Thielbar Variance Request Proj. No.: 13582.017 New Scandia Township, Minnesota Routing: Thielbar Variance Request — Department of Natural Resources determination of Ordinary High Water level needed November 14, 2006 19471 Manning Trail North New Scandia, Minnesota Eugene and Bonnie Thielbar The Applicant requests a variance for lot size and setbacks to allow a single family home and accessory structure to be built on the subject property. The property is located at 19471 Manning Trail North, on the northwest shore of Big Marine Lake. (See the attached Certificate of Survey.) From a site visit in January 2006, the Washington Conservation District found that wetlands located ndar the lake's edge may be under the Department of Natural Resources' jurisdiction. The January 17, 2006 letter from the Conservation District states that the Applicant should contact the hydrologist from the Department of Natural Resources to identify the location of the Ordinary High Water level (OHW). The OHW for Big Marine Lake is 942.2 feet. The wetland is behind an ice ridge, but is at a similar elevation to the OHW. Therefore, the wetland may actually be part of the lake. (See the Washington Conservation District letter dated January 17, 2006.) The Department of Natural Resources is currently reviewing the Certificate of Survey and will determine if the wetland is part of the lake. PLANNING STAFF RECOMMENDATIONS: The Planners recommend that the Planning Commission continue the hearing so that the request may be fully reviewed after the DNR makes a determination. The location of the OHW may affect the variance request in terms of setbacks and buildable area. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity s 3u= L€ i<C< 9 _fin ih�-v e �' � c O❑ t r3 R V is s 5 = si �• V IS all e z.F� 8�j�� O • i � mO �O a � � 6�l/ � w4t,�.y'. F� ED 3 ; �' � cJ�H y c i? e� a e =F.£ Z �Y a � _ _ -. F`i:♦ �y�Q' � � � c2==_ - €fo -sE 3y'ts a •F s z c � i_' � F e£� �oE ia� p a s' ;1_ '. __//1n w 1 ... a 40 i� / !o \\ 8 r a£j'ivE�eG V1 s = 5 24 $ Es'e 3'i'� E 1p i' Its �►>«+n.�rw ice- _, s C NCL If's C us iD �- E 8 �sa• y'i I 0 'd5f la �� • M 4 � a @ ss 1 o L � � I p 8� CCF C J.6 [� a 1 3 v 3 -Y i; • I 3 rt or aoclwwH , R -K-S w 1 i� e1o7l-oqto'.gp.Mfig - 1'\ . IP'1WOgaya•3.. �a F -s n$pe £a�z Sp �EI�n 5-o�"sSjilx" g� er y 1- Ll i t Washington 1380 W. Frontage Rd; Hwy 36 Stillwater, Minnesota 55082 •�= Conservation District (651) 275-1136 (651) 275-1254 Fax January 17, 2006 Bonnie and Eugene Thielbar PO Box 233 Hugo, Minnesota 55038 RE: 19477 Manning Trail, New Scandia Dear Mr. and Mrs. Thielbar: It was a pleasure to talk with you last fall, and visit your parcel on Big Marine Lake. As I recall, you plan to replace the cabin with a year-round residence, and are beginning the planning environmental concerns with process for the improvements. In particular, we looked at setback distances and ithe access road. From the survey map you showed us, it appears that the wetland line identified generally follows the transition between wetland and upland vegetation. I do not know if a professional wetland consultant delineated that line, but it appears to be a reasonable line for preliminary planning purposes. The primary concern I have is whether the small bay (vegetated with cattails) that starts to the north of your dock and extends to the south of your parcel is under the jurisdiction of the Department of Natural Resources. This wetland zone is behind an ice ridge, but at a similar elevation as the lake's ordinary high water level. Setback distances will differ depending on whether it is part of the lake, or a separate wetland. You will need to contact the DNR Hydrologist for that determination. You indicated that no changes will be made to the wetland area, that you will continue to use a dock to access the lake. I fully support that idea. If the access road to this parcel needs to be widened. I do not believe there will be any wetland issues as the existing driveway appears to go through all upland areas (unlike the north fork of the private drive which heads to your neighbor's parcel through an extensive wetland complex). Erosion control may be a more significant concern, especially during construction of the road. Feel free to contact me if you have additional questions about this site. As your project progresses, our office may be involved in review of the erosion control or drainage plans, at the request of either the County or the Township. Sincerely, -- . - Jyneen Thatcher Wetland Specialist Cc: Dennis O'Donnell, Washington County Zoning (via e-mail) Dolores Peterson, New Scandia Township Meeting Date: 11/14/2006 Agenda Item: 0.• G, jO, C . 8. Planning Commission/ Town Board Agenda Report Town of New Scandia 14727 209`h St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Conduct a public hearing on the proposed amendment to Section 11.2 (2) of Chapter 2 of the Development Code re: Cluster Developments/ Open Space Design Subdivision in the Shoreland Overlay District Deadline/ Timeline: The notice of public hearing was published for November 14, 2006. Background: • The proposed ordinance would allow cluster/ open space developments in the shoreland overlay district only if part of a planned unit development (PUD.) • It was discussed at the joint workshop meetings of the Planning Commission and Town Board on September 13 and October 11, 2006. Recommendation: The Commission should conduct the public hearing and recommend to the Town Board whether or not to adopt the amendment. If approved by the Board, the amendment would be effective upon its publication according to law. Attachments/ . Draft ordinance No. 89. Materials provided: Contact(s): Dave Hebert, Township Attorney Prepared by: Anne Hurlburt, Administrator (ord9shoreland) Page 1 of 1 11 /01/06 NEW SCANDIA TOWNSHIP ORDINANCE NO.89 AN ORDINANCE AMENDING SECTION 11.2 OF CHAPTER 2 OF THE DEVELOPMENT CODE OF NEW SCANDIA TOWNSHIP AND PERTAINING TO THE SHORELAND OVERLAY DISTRICT The Town Board of New Scandia Township, Washington County, Minnesota hereby ordains: Section 11.2 (2) of Chapter 2 of the Development Code of New Scandia Township is hereby amended as follows: 11.2 (2) Cluster Developments / Open, Space Design Subdivisions. Cluster Developments/Open Space Design Subdivisions are not permitted within the Shoreland Overlay District except with a Planned Unit Development Permit. Passed and adopted by the Town Board of New Scandia Township this 14th day of November, 2006. ATTEST: Anne Hurlburt, Clerk Dennis D. Seefeldt, Chairman 1 CERTIFICATION STATE OF MINNESOTA ) SS. COUNTY OF WASHINGTON I, the undersigned, being the duly qualified and acting Clerk of New Scandia Township, do hereby certify that I have carefully compared the foregoing attached Ordinance No. of the Town of New Scandia with the original on file in my office and the same is a full, true and complete transcript thereof. Witness my hand as such Town Clerk and ;the corporate seal of the Town of New Scandia, Washington County, Minnesota this day of , 2006. Dolores Peterson Town Clerk New Scandia Township Meeting Date: Agenda Item: 19I14/2006 '� • C T. B . Planning Commission/ Town Board Agenda Report Town of New Scandia 14727 209' St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Conduct a public hearing on the proposed Amendment to Section 9.13 (1) of Chapter 2 of the Development Code re: Design of Accessory Structures Deadline/ Timeline: The notice of public hearing was published for November 14, 2006. Background: • The proposed ordinance would allow metal sided buildings on parcels larger than 4 acres, rather than 5 acres, and apply the requirement that the accessory building resemble the principal building only on parcels less than 4 acres in size. • It was discussed at the joint workshop meetings of the Planning Commission and Town Board on September 13 and October 11, 2006. Recommendation: The Commission should conduct the public hearing and recommend to the Town Board whether or not to adopt the amendment. If approved by the Board, the amendment would be effective upon its publication according to law. Attachments/ Draft ordinance No. 90. Materials provided: Contact(s): Dave Hebert, Township Attorney Prepared by: Anne Hurlburt, Administrator (ord90accb1dgs) Page 1 of 1 11/01/06 NEW SCANDIA TOWNSHIP ORDINANCE NO.90 AN ORDINANCE AMENDING SECTION 9.13 (1) OF CHAPTER 2 OF THE DEVELOPMENT CODE OF NEW SCANDIA TOWNSHIP AND PERTAINING TO THE DESIGN OF ACCESSORY STRUCTURES The Town Board of New Scandia Township, Washington County, Minnesota hereby ordains: Section 9.13 (1) of Chapter 2 of the Development Code of New Scandia Township is hereby amended as follows: 9.13 (1) No building exterior shall be constructed of sheet steel, sheet iron, sheet aluminum, corrugated aluminum or plain, flat, unpainted concrete block (walls or roofs), except on parcels greater than four (4) acres, excluding road right-of-way. Accessory buildings on parcels less than 20.0 acres in size must provide a minimum one -foot overhang on all sides of the building with finished soffits, except when the building is accessory to a principal residential home constructed with no or minimal overhang in which case the overhang of the accessory building may match the overhang of the residential building. All accessory buildings on parcels of four (4) acres or less, excluding road right-of-way, shall resemble, in style, materials, color, roofline, and siding type, the principal building on the lot, except the following building types may vary from this standard: (A) Accessory buildings 120 sq. ft. or less in size; (B) Greenhouses; (C) Gazebos and decorative shelters; (D) Historic buildings; (E) Buildings, constructed as part of a Planned Unit Development, which are subject to an overall site plan prepared by a registered architect. 1 Meeting Date: 11/14/2006 Agenda Item: a Planning Commission Agenda Report Town of New Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Consider request of Pamela Huberty to schedule a public hearing to amend the Development Code concerning the performance standards for swimming pools (Section 10.31 (2) (I)). Deadline/ Timeline: A hearing could be scheduled for the December 5 Planning Commission meeting. Background: • The development code requires a 6-foot safety fence around swimming pools (see code section, attached.) • The Hubertys, who live at 22899 Mallard Ave. N., have an existing swimming pool that does not have a fence. This came to light after the recent, unrelated approval of variances for an accessory building on their property. • Instead of a fence, the Hubertys have installed an "Aquamatic Safety Pool Cover." The cover completely encloses the surface of the pool when not in use. Information about the cover is attached. • Some communities accept such covers as an alternative to a fence. For example, Stillwater's code requires pools to be secured with a "cover, fencing, screening, or other enclosure or any combination thereof of sufficient density and strength as to be impenetrable." The Scandia Township code does not have this flexibility. • The Hubertys have submitted a letter from their insurance company indicating they accept this cover as an alternative to a fence. They also submitted testing data for the pool cover which indicates it would meet a standard such as that written into Stillwater's ordinance. • An amendment to the Scandia Township Development Code would be needed to allow this pool cover to substitute for a fence. If the ordinance is not amended, the Huberty's will need to install a fence to comply with the current code. Page 1 of 2 10/30/06 Recommendation: If the Planning Commission believes there is merit in considering this ordinance amendment, you may schedule the public hearing. Staff would draft the ordinance for your consideration at that time. Attachments/ • Excerpt of Development Code, section 10.31, Swimming Pools Materials provided: . Letter from Pam Huberty dated 9/25/06 • Excerpt of Stillwater Code • Letter from State Farm Insurance • ASTM Testing Data • Aquamatic Safety Pool Cover brochure Contact(s): Pam Huberty, 433-4095 Prepared by: Anne Hurlburt, Administrator (10032006_poolamendment) Page 2 of 2 10/30/06 )ter Two ❖ Zoning Regulations Effective 6/1/99 (A) The development plan for the shopping center sr " include a minimum of two (2) acres. There is nc, minimum lot size for individual structures located on lots within a shopping center. (B) Shopping Centers shall have direct access to an arterial or collector street as designated in the Comprehensive Plan. (C) The Shopping Center must comply with the use requirements and dimensional standards of the underlying zoning district. 10.31. SwimnrinQ Pools (1) Required Permits. A building permit shall be required for any swimming pool with a capacity of over three thousand (3,000) gallons or with a depth of over three and one-half (3.5) feet of water. An application for a building permit shall include a site plan showing: The type and size of pool, location of pool, location of house, garage, fencing and other improvements on the lot, location of structures on all adjacent lots, location of filter unit, pump and writing indicating the type of such units, location of back -flush and drainage outlets, grading pla finished elevations and final treatment (decking, landscaping, etc.) around the pool, location of existing overhead and underground wiring, utility easements, trees and similar features, and location of any water heating units. (2) Performance Standards. (A) Pools shall not be located within twenty (20) feet of any septic tank/drainfield nor within six (6) feet of any principal structure or frost footing. Pools shall not be located within any required front or side yard setbacks. (B) Pools shall not be located beneath overhead utility lines nor over underground utility lines of any types. (C) Pools shall not be located within any private or public utility, walkway, drainage or other easement. 4 New Scandia Township Development Code Effective 6/l/99 Chapter Two ❖ Zoning Regulations This section enables temporary dwelling units to be used by the present or potential occupant of a single-family residence during the construction, reconstruction or alteration of said residency by the present or potential ccupant. (D) In the case of in -ground pools, necessary precautions shall be taken during the construction to avoid damage, hazards or inconvenience to adjacent or nearby property and assure that proper care shall be taken in stockpiling excavated material to avoid erosion, dust or other infringements upon adjacent property. (E) All access for construction shall be over the owner's land and due care shall be taken to avoid damage to public streets and adjacent private or public property. (F) To the extent feasible, back -flush water or water from pool drainage shall be directed onto the owner's property or into approved public drainageways. Water shall not drain onto adjacent or nearby private land. (G) The filter unit, pump, heating unit and any other noise -making mechanical equipment shall be located at least fifty (50) feet from any adjacent or nearby residential structure and not closer than ten (10) feet to any lot line. (IT) Lighting for the pool shall be directed toward the pool and not toward adjacent property. (1) A structure or safety fence of a non -climbable type at least six (6) feet in height shall completely enclose the pool, but shall not be located within any required yard areas. (J) Water in the pool shall be maintained in a suitable manner to avoid health hazards of any type. Such water shall be subject to periodic inspection by the local health officer. (K) All wiring, installation of heating units, grading, installation of pipes and all other. installations and construction shall be subject to inspection. (L) Any proposed deviation from these standards and requirements shall require a variance. 10.32. Temporarl, Dwelling Unit Durinm Construction (1) Required Permits. Temporary dwelling units during construction are allowed in the Agricultural (AP, AG) districts, Semi -Rural (SR), and Single Family Estate District (SFE) with a certificate of compliance. New Scandia Township Development Code 85 9/25/06 Dear Anne Hurlburt, Several weeks ago, I spoke to you about amending the township ordinance regarding the acceptance of the Aquamatic Safety Pool Covers. Enclosed you will find the certification from the ASTM(American Society for Testing and Material Standard). This states that the safety pool cover had been tested independently by two testing agencies, and exceeds the ASTM requirements. You will find a copy of the City of Stillwater's ordinance allowing the covers instead of a fence. I also spoke with Sheryl, from the city of Oakdale, regarding their ordinances. She said they would be allowed if the safety issues could be proved. She asked me to fax the ASTM certification so she could have it on file for future reference. Also enclosed is a letter from my State Farm insurance agent allowing the cover to be used instead of a fence. I hope you will consider amending this pool ordinance. We have five children, and safety is our priority. I would encourage you to come to our house, and view how safe the cover is. Sincerely, I \, Pam Huberty FILE No.536 09/19 '06 08:39 IMITY OF STILLWATER FAX:6514308809 PAGE 2i 2 § SV2 ST1ll..WATER CODE and the liquid capacity of the pool. flans must be drawn to a scale of not smaller than one-fourth of an inch to one foot. (6) Additional information may be requested by the building official. Subd. 5. Permit fees. permit fees will be set by resolution adopted by the city council from time to time. Subd. 6. Pool piping. Pool piping systems must be constructed of materials prescribed in the state plumbing code. installation of the piping includ- ing the pool water supply line must be done by a licensed plumber and must be inspected by the city plumbing inspector prior to covering the piping. Subd. 11. Pressure relief values. pool contrac- tors must certify that they have examined the construction site with respect to the water table level and potential soil saturation. if it is deter- mined to be necessary, in the opinion of the building official, pools must be designed and con- structed with undardrain systems and pressure relief valves to prevent pool flotation. Subd. 12. Shielding lights. Fights used to illu- minate swimming pools must be arranged and shielded to reflect light away from adjoining prop- erties. Subd. 13, Location. All swimming pools or appurtenances must be located in the rear yard at a distance of at least ten feet from any property Subd. 7. Main outlets. pools must be equipped line. with facilities for completely emptying the pool Subd. 14. Fences. All swimming pools must be and effecting surface drainage (by gravity if ele- provided with safeguards to prevent children from vations permit). The drainage system must be gaining uncontrolled access. This may be accom- constructed in conformance with the provisions of plished with a cover, fencing, screening, or other the state plumbing code and under the supervi- enclosure or any combination thereof of sufficient sion of a licensed plumber, and shall not discharge density and strength as to be impenetrable. directly on the land of an adjoining neighhor or in a manner that threatens or endangers fish or wildlife. Subd. S. Water supply. Water supplies serving all swimming pools must be safe, sanitary and be acceptable to the public health authority. The installation of the pool water supply piping and connection to the source of supply must be under the supervision of a licensed plumber. Subd. 9. Electrical requirements. All electrical installations provided for, installed and used in conjunction with residential swimming pools must conform to the state electrical code and must be inspected and approved by the state electrical inspector. No current -carrying electrical conduc- tors must cross residential swimming pools, ei- ther overhead or underground, or within 15 feet of a pool, except as necessary for pool lighting or pool accessories. Subd. 10. Heating requirements. Permits are required for all heating units used in conjunction with swimming pools. Installation must be made by installers licensed by the city and in accor- dance with any lawful code in effect at the time of inatallation. If fencing is used, all fence openings or points of entry into the pool area must be equipped with gates. The fence and gates must be at least four feet in height and constructed of a minimum No. 11 gauge, woven -wire mesh, corrosion -resistant material or other material approved by the build- ing official. All gates must be equipped with self -closing and self-latobing devices placed at the top of the gate or otherwise be inaccessible to small children. All fence posts must be decay or corrosion -resistant and set in concrete bases or other suitable protection. The openings between the bottom of the fence and the ground or other surface may not be more than four inches. Note —The regulatious etatablished in this Subd. 14 apply only to fences built or replaced after the affective date of Ord. No, 961, Subd_ 15. Safety equipment. Every swimming pool must be equipped with one or more throwing ring buoys not more than 15 inches in diameter and having 60 feet of 36a of an inch manila line, or its equivalent, attached. Subd. 16. Aboveground swimming pools. Lad- ders or stairs which are attached to or placed against the outside of abov®ground tank type Supp. No. 23 CD88:6 Sep-22-2006 02:06pm From-ZWEBER STATE FARM INSURANCE 952 894 5030 T-198 State Farm Insurance Companies@ September 21, 2006 Huberty, Kenneth P. & Pamela J. 22899 Mallard Ave N Scandle, MN 55073 Dear Mr. & Mrs. Huberty; P.OD2 F-643 L rARJIu+�e Lincoln Qpaetions Center, North 222 south Both street P.O.9a7c tl2342 Lino* Nebraska SM-2542 It has been our pleasure to handle your homeowner's insurance policy. During our normal course of underwriting, we observed a pool located on premises without a fence. After looking Into this, we were notified that the pool Is covered by the Aquamatic Cover System. This measure helps to decrease the liability exposure that a pool presents, At this time, we are not requiring a fence in order for State Farm Insurance to stay In force. We certainly appreciate the opportunity to provide you with your insurance and financial services needs. Please contact your State Farm agent If you have questions. Sincerely, Carrie Alexander Underwriter State Farm Fire and Casualty Company Cc: Emmett Zweber, 3132/F729 b'J/ 11/ •Lgt7b VV; JZ 14G0040II04Y SUnderwriters Laboratories Inc. AQUAMATIC COVER SYSTEMS 200 MAYOCK RD GILROY CA 95MO Norl &Wk, WA ,J •• (847) 272-W Mehie, New York- (616) 271-M 801aCaro,Coor* 4W) na5-24o0 Research Triangle Park, Nord► Car M • (919) W-1400 Camas, wasWglon • (36d) 81746M ' TT/� a aeMan► N IVo public solid esL 1894 Your most recent listing is shown below. Please review this information and report• 1y jnac=acles to the UL Engineeriing staff linember who handled Your UL project. WBAN iul 14, 1998 Covers For Swimming Pools And Spas AQUAMATIC COVER SYSTEMS E113958 (S) 200 MAYOCK RO, GILROY CA 95020 Power Safety Covers, Models 400, 400-U, 550, 550-U, Soo, and SW-U Classlfied in Auprdance with A5T14 F 1345-91. _ LOOK FOR CLASSIFICATION MARKING ON PRODULT 189553W1 Underwriters Laboratories Inc.m W/034tr " 93 For information on placing an order for UL Listing Cards in a 3 x 5 inch card format, please refer to the enclosed ordering information. UNAF.1LW3tt'i E S LA,RORAIMB-109INC. 41 ,►, A nWor-profd organization dedicated to public ealety and conwi►led to quakly service 09I 1112E)UB 80: 32 14088468544 A 4LhW4A I IUUUVt b t'A[-k- nz Q-1 - Exclusive Mat'ufccturer of the HypRAMA77C '-1yd,"1i, 5n ," n8,pool Je ty COJW RE. ASTM F 1346-91 CERnMCATzpN To Whom It May Concern, The pool cover fabric used by Aquamatic Cover Systems for all the safety cover systems consists of a 16 oz. sq. yd. solid vinyl, including a polyester substrata scrim reinforcing layer to enhance tear strength and prevent tear propagation. The material used substantially exceeds ASTM requirements set forth for safety covers of the type manufactured and distributed by this company. ASTM F-1346-91 requirements areas follows, The cover and fabric installed on the swinuxxing pool fulled to its normal water level shall be capable of supporting the weight of 485 lbs. This total weight shall be composed of one 210 lb., one 225 lb., and one 50lb_ weight, each distributed over a one square foot area and all three contained within a three foot radius. The test weights shall be placed at the center of the cover system (or at least 4 ft., but not to exceed 6 ft.) from the edge of the swimming pool. The above test shall not cause damage to allow any of the test objects or the persons to pass through the cover. The Aquarnatic Cover Systems have, in fact, been independently tested by two testing agencies including Underwriters Laboratozaes to exceed the above listed standard_ Sincerely, Harry J. Last, BSME, MBA President dm:hjl corpotate GWices: 200 Mayock Road, GATcy, CA 95020 • 800-267-4044 - Pax soa500-7087 OW1112BUb IJU:31 14VBb4bU044 rw1lukluvr-M' rwUC ua (Pg. 3 of 4) ECS® File: #059T3030* 7 OUM.ENT5 Volt ALL COYF'RS B. M,xNIMUM LAa3EL+ RLQ Unit complies with requirements - TM METIJODS FOR SAFM COBS 9. sun used 9.1 Static Load Test. o a 1�� VMS d subjected lBU- b9 weight) sPghtlY of one 150-1b, exceeding load required per Standard. Test objects were applied at two different points (the center point of the Cover, and, between attachntcnt points at a distance of 4.5 feet)• and remained in each test position for a period of 5. minutes or deflection was observed, no passage greater. Although, normal ossible. Test Unit complies with through the cover was p requiremett. 9.2 perimeter Deflection Test. Applied 50-1b weight at a•distance of four -and -one-half feet from side of pool, Applied 36.6-lb. ellipsoidal shaped test object. Test Unit did not allow the lest object to pass tluouglt, gain access to, or. be subject to entrapment betweeft the cover and titre side of the pool. Test Unit complies with requirements. 9.3 Surfgc:e Drainage Test. Applied a 36.64b. torso shaped test object ill a supine position, faceup, at a distance of two -and - one -half feet parallel with edge of pool. An even water spray was applied at a rate of 10 gallons per minute. After 3 minutes, minimal water collection was observed around test object. Continued applying water with no unsafe water pooling. After 30 minutes drain time, re -applied 36.6-lb test object with no unsafe amount of water pooling. Test Unit complies with requirements. 9.4 Openings Test. Applied solid faced spherical test object with a breadth of 4.5 in. at a force rate of 40-lbs., steadily, to the top surface of the pool. No allowable passage. -was observable. Test Unit complies with requirements. 10. OPERATING CONTROLS, SAFM COVERS 10.1 Unit complies with requirements. 09/ 11120Ub db J2 14UU84bUO44 AUU41R41 1ULuvcRa F"Ir- VI (I'g, I (if 4) Ixv"-I b� vY ID 40812474937 FAX 408/247-7540 v, AUTOAIALIC: s%jrtnlA1lNG POK COVER UR 71FICATION ECS6 File: #059T3030-2 Date Tested: May 200 1993 Date Reported: May 21, 1993 Specification: ASTM Designation: F 1346-91 Tested Unit: Built -In, Under -Deck -Track, Automatic Swimming Pool Cover JyS10111 Source: malluracturer: AqualWatic Cover Systems Address: 441 Aldo Avenue, Santa Clara, CA * LABORAWRY &NALYSIS * REFERENCE Standard Performance Specification and Labeling Requirements for Surely Covers for ' Swimming Pools, Spas and Hot Tubs (ASTA'I Designation: Tr 1346-91). 1. SCOPE Requirements for safety per ASTM F 1346-91. Z. As stated in referenced standard. 3. As stated in referenced standard. 4. CLASSIFICATIONS & AIINIMUM CRITERIA 4.1 Power Safety Cover (PSC): Provides a high level of safety for children under the age of five by inhibiting their access to the water. 4.1.1 As stated in referenced standard. 5. AIATERIALS AND MANUFACTURE Test unit complies wills the 5.1, 5.2 and 5.3 requirements. w� N Rr b_1to >0� a� < � U 0 t7 � OR( al E�+ Gn r`7 "W .w 410 Gi v z s 0� � 4 li? u .0 z �' ea z W U'J/ 11 / ZUUb 00". JL i4VU gbG749 64L,4- ldl'R I lt-A UMM-J ra u7 A11T0jNATIf SWIMDIINC I'OQU COVLR CrTl7'IFl TION (Page 2 of 4) RCS6 File: l#05VD030-1 6, GENERAL REQUMF,MEM'S FOR SAFETY COVERS 6.1 Installation/Use of safety covers. Unit complies with requirement. 6.2 Label attached to the cover meets, and/or exceeds the general requiremenis as required by the 8.5.1, 8.8, 8.8.1 and 8.8.2 guidelines. 6.3 Markings for safety covers. 6.3.1 Unit Bsts manufacturers name, Unit complies with guideline. 6.32 Unit lists date manufactured. Uall complies with.gufdeline. 6.3.3 Manufacturer provides instructions to consumers to inspect the comer for premature wear in consumer packaging. Unit therefore complies. 6.3.4 label attached to unit meets the general -requirement- described in 8.4-1, V. 8.7.1, 8.7.2., 8.7.3, 8.9, 8.8.1 and 8.9: Unit complies with guideline. 6.4. Fastening Mechanisms or Devices. Fastening devices remained in their intended, secured positions when the test unit was subjected to the loud and perimeter deflection tests performed as called for under the 9.1 and 9.2 guidelines. Unit complies with all requirements. 6.5, Openings. No openings were allowed, when tested by the test method described in 9.4. Test object did not gain access to the water, nor was It subject to entrapment. Therefore, unit complies with this guideline. 6.6. Scams, ties or welds in the cover showed no signs of damage when tested by the methods described in 9.1, 9.2, 9.3 and 9.4. Unit met Rll requirements under this guideline. 7. PERrWMANCE REQUIRDIENIS FOR SA.FL!"fY COVERS - Refer to Test Methcxls as described in the 9.1, 92, 9.3 and 9.4 guidelines. ECSO File: #05M030-1 10.2 Unit complies with requirements. 10.3 .Unit complies with requirements. 10.4 Pool cover operating controls. 10.4.1 Controls comply with requirements. Unit complies with requirements. 10A.2 Unit complies with requirements. CONCLUS19L4: Tested unit has met aU requiremtnts or this Standard. ).;VIE COMPLIES WITH AST I F 1346-91 REQUIRLMENTS. nNIC SERVICGSO 93,05.20CKK N • ,,:c yy�� l ;',lift'>,.,i3':�a. i'i:�• r Safety Pool HYDRAMATICTM WE, ehode a HYDRAMAIIC•autnrrtatic pool cover? On the surface, most pool covers look similar bur the most imponont and costly pan of any pool cover is the mechanism. And the patented mechanism of the HYDRAMATIC"' represents the best value for your durable investment Designed to last the lifetime of your pool, the HYDRAMATIC" is maintenance free, and the most reliable cover sys- tem manufactured with the most extensive warranty in the industry today: • Uniquefhriddrive dual motor isfull7'submersible • No electric near the pool pouerpack (pump) can be placed tip to 150 feet aua), • Quick and easy to open - rake Just 30 seconds on average • Trouble free slider s)5tem - the cover close square every tittle • Installation on most pool lopes and shape • leaves and debris are collected wben the cover is opened to remove rainwater • Saves money on cbemicals, energy and water loss from evaporation • Pressure relief vahesgenlly stop the cover at end of travel • 20 year limited warranty on the mechanism ;� � '� /. "•era? �k%N!- :+. 4 EZ A New Concept in Easy -to -Use Manual Safety Covers mow,, Id', only mono.[ ..rely oo.er Wu un be Opened Ofid dowel a ily from one por[rlon . Many cbolces offabrlc colors pw� Tel s e Light Blue 7 run r .. yuu can nave all me safety and cost savings of an automatic Pool cover at a cost effective price EZ Cover" looks and mrn...e uc_ the hydraulic mechanism, at about half the price The effonless opera_ Lion takes only about 70 seconds to easy you'll use it daily to keep your Pool safely covered anytime it is not in use EZ Cover' comes complete with a five year fabric warranty and life. time mechanism warranty. Elba y Chaoal Gny�- .y u All Caen wndnd m HydnmatkTM Gabe —uA -h • mndnd o• rl Cover^' AQUAMATIC pool raven ve rwwabk rot till pool ahapea 1pvm�� r mru,r Wr pooh I.�nt N. L"nMaon Yrur�lee b a I,wlhmn.hrrn•rno Ira Inaatln,on u4rrra�.n In roenqu rtlett 7fAO[S IR+pG TMaxt Technicid Speclnotlow tw.o air s w •dw w vx t>voatttuct w a., a atP•..a rate w•,u -� p Meeting Date: 11/14/2006 Agenda Item: 3. -6) P, C Planning Commission Agenda Report Town of New Scandia 14727 209' St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Receive a presentation from Tiller Corporation regarding their proposal to conduct a mining and reclamation project on an approximately 60+ acre site located west of St. Croix Trail (Highway 95) at Scandia Trail (Highway 97.) Deadline/ Timeline: The proposal will require preparation of a mandatory Environmental Assessment Worksheet (EAW) before a mining permit and any permits required by other agencies could be approved. Tiller has indicated that they intend to time submission of the EAW so that the new City of Scandia will be the RGU (responsible governmental unit) for the EAW. Background: • The site, owned by the Zavoral family, was mined a number of years ago but never reclaimed. In recent years, permits have allowed the removal of material from existing stockpiles, but no mining. • Part of the site is in the St. Croix Riverway zoning district, where mining is not an allowed use. They propose to mine the portion of the site outside the river corridor (about 42 acres) and reclaim the formerly mined area within the river corridor (about 20.6 acres.) • As RGU, the City will be responsible to certify the accuracy and completeness of the EAW. To that end, staff will recommend that the company deposit at least $15,000 in escrow to cover the costs of our consultants to review the EAW and advise us during the review of the project. • Access to the site would be at the intersection of Highways 95 and 97, where the current driveway is at a skew to the intersection. The safety of this entrance, and the traffic impacts of the proposed operation, will be a major issue for the EAW. • Upon incorporation, Washington County's mining ordinance will no longer be in force, and mining permits will be governed by the township/ city Ordinance Nos. 28, 36, 38 & 56. Most of the Page 1 of 2 11 /01/06 regulations for mining were adopted in 1989. Our planning consultants are currently reviewing the mining regulations and will make some recommendations as to revisions that should be considered before mining permits must be issued or renewed for this or any of the other mining operations in the township. Discussion of mining regulations will be on the agenda for the November 28, 2006 workshop meeting of the Planning Commission and Town Board. The current mining permits expire on February 28, 2007. Recommendation: I recommend that the Commission hear the presentation, ask questions and give informal feedback to the representatives of the company and/or landowner that you deem appropriate. No action is required at this time. Attachments/ • Draft EAW Materials provided: . Map of Existing Conditions • Map of Proposed Minimum Restoration Grades Contact(s): Mike Caron, Tiller Corp. 763 315-6004 Prepared by: Anne Hurlburt, Administrator (tiller presentation zavoral property) Page 2 of 2 11 /01/06 revised 2/99 ENVIRONMENTAL ASSESSMENT WORKSHEET Note to preparers: This form is available at www.mnplan.state.mn.us. EAW Guidelines will be available in Spring 1999 at the web site. The Environmental Assessment Worksheet provides information about a project that may have the potential for significant environmental effects. The EAW is prepared by the Responsible Governmental Unit or its agents to determine whether an Environmental Impact Statement should be prepared. The project proposer must supply any reasonably accessible data for — but should not complete — the final worksheet. If a complete answer does not fit in the space allotted, attach additional sheets as necessary. The complete question as well as the answer must be included if the EAW is prepared electronically. Note to reviewers: Comments must be submitted to the RGU during the 30-day comment period following notice of the EAW in the EQB Monitor. Comments should address the accuracy and completeness of information, potential impacts that warrant further investigation and the need for an EIS. 1. Project title Zavoral Property Mining and Reclamation Project 2. Proposer Tiller Corporation Contact person Mike Caron Title Director of Land Use Affairs Address PO Box 1480 3. RGU Scandia Township Contact person Ann Hurlburt Title Administrator Address 14727 209th Street City, state, ZIP Maple Grove, MN 55311-6480 City, state, ZIP Scandia, MN 55073 Phone (763) 425-4191 Phone (651) 433-2274 Fax (763) 425-7153 Fax (651) 433-5112 E-mail mikec@tillercorp.com E-mail 4. Reason for EAW preparation (check one) EIS scoping X Mandatory EAW _ Citizen petition RGU discretion _ Proposer volunteered If EAW or EIS is mandatory give EQB rule category subpart number 4410.4300 Subp. 12B and subpart name: Non Metallic Mineral Mining 5. Project location County Washington County City/Township New Scandia Twp SWI/4 of Section 18, and the N1/2 of the NW1/4 of Section 19, both in Township 32 N, Range 19 W Attach each of the following to the EAW: • County map showing the general location of the project; See Figure 1. • U.S. Geological Survey 7.5 minute, 1:24,000 scale map indicating project boundaries (photocopy acceptable); See Figure 2. Site plan showing all significant project and natural features. See Figure 3. 6. Description a. Provide a project summary of 50 words or less to be published in the EQB Monitor. The project involves mining aggregates from approximately 42 acres of an approximately 60 plus acre dormant un-reclaimed gravel mine. The operation will include extraction, crushing, washing, stockpiling and hauling operations. Upon conclusion of mining activity, reclamation will be conducted on the permitted mining area. An additional 20.6 acres that were involved in past mining activity will be reclaimed during the project as part of mine reclamation. Reclamation of the property will enable the site to be reused in compliance with adopted comprehensive land -use plans and regulations. b. Give a complete description of the proposed project and related new construction. Attach additional sheets as necessary. Emphasize construction, operation methods and features that will cause physical manipulation of the environment or will produce wastes. Include modifications to existing equipment or industrial processes and significant demolition, removal or remodeling of existing structures. Indicate the timing and duration of construction activities. The proposed project involves the completion of a 60 acre mining operation that was taken out of production without reclamation in the 1980's. Material has been produced at the property from existing stockpiles. Much of material in the stockpiles from the previous activity has been removed over the last eight to ten years, leaving irregular landforms. The entire property contains nearly 127 acres, of which approximately 60 acres have been disturbed due to previous mining activity. The project involves mining and restoration of 42 acres located predominantly on disturbed portions of the site. The active mining area will include mining an additional depth of about 15 feet and expanding the limits of mining by about 10 acres. In addition, 20.6 acres of previously mined area, which is not included in the current mining proposal, will be restored during the final phase of restoration of the active mining site. The restoration of this portion of the project will be completed within 1 nnnstnictinn spason. The remainder of the site, which is situated between the St. Croix River and State Highway 95, is heavily wooded and will remain untouched as buffer area. The mining operation will not be visible from the St. Croix River. Railroad tracks run through the very eastern portion of the property. There is one home located on the portion of property lying east of the railroad tracks which will remain. The site was actively mined in the early to mid seventies through the eighties. Mining operations included stripping, extraction, crushing, washing, stockpiling and hauling from the site. All processing equipment has been removed from the site however the site has not been reclaimed. Most recently the site has been operated a source of aggregate from stockpiles located throughout the site. A portion of the project lies within the St. Croix Riverway zoning district and the St. Croix River is a federally designated scenic riverway. Sand and gravel operations are not proposed, nor are they currently allowed, within the riverway district. Historically mining activities did occur within a portion of the St. Croix Riverway zoning district. Approximately 20.6 acres of the site have been disturbed prior to County permitting and restoration requirements. This area will be included in the final restoration activities of the overall operations, but will not be included in the active mining operation. Slopes will be graded and shaped to those indicated on the final restoration plan, topsoil will be applied and vegetation established to allow uniform topography throughout the mined area and leave the site totally restored. Mining activities will include the extraction, crushing, washing, recycling concrete and asphalt, stockpiling and hauling of aggregate materials. There will be no asphalt or ready -mix production occurring at this site. Mining operations are conducted on a seasonal basis, typically from April through mid November. The site will be worked in phases with the duration of the project expected to be no more than 10 years. As with most mining operations, overburden will initially be removed from new areas to be mined. The overburden is stockpiled on site and later used for reclamation on site. However, since the majority of mining will take place on previously disturbed areas, there is very little additional stripping work to be performed as part of the project. Once an area has been stripped, aggregate is excavated using front-end loaders and is then crushed, screened, washed and stockpiled for sale and distribution from the site. The site will typically operate from 7 am —7 pm Monday through Friday. Portable processing equipment will be brought to the site as needed. The equipment will operate until a sufficient volume of material has been processed and stockpiled and then the processing equipment will be removed from the site. When the stockpiled aggregates are nearing depletion, the portable equipment will be brought back to the site to replenish them. 3 Reclamation activity will proceed as areas of mining are completed. Perimeter areas will be sloped and the interior areas backfilled and graded to restoration grades. Topsoil will be applied and vegetation established to reduce erosion. The site will be left in a condition suitable for ultimate site development. The Mining and Restoration Plan, Figure 4, illustrates the proposed activities. c. Explain the project purpose; if the project will be carried out by a governmental unit, explain the need for the project and identify its beneficiaries. The purpose of the project is two fold. It will provide local aggregates to surrounding communities. The aggregate produced at this site will be utilized in State, County and local public improvement projects as well as for private construction projects. It will also complete restoration on the proposed active area as well as in previously mined areas. d. Are future stages of this development including development on any outlots planned or likely to happen? Yes X_ No If yes, briefly describe future stages, relationship to present project, timeline and plans for environmental review. e. Is this project a subsequent stage of an earlier project? X Yes _ No If yes, briefly describe the past development, timeline and any past environmental review. Previous mining activity predated reclamation requirements, as it was not part of the previous regulatory framework. This project will allow that next step to occur. Currently the site is permitted for hauling of aggregates from existing on -site stockpiles. However, the site has not undergone any type of environmental review and the project proposer proposing to mine portions of the site and restore the proposed mining area and all prior disturbed areas. 7. Project magnitude data Total project acreage: 127 acres Number of residential units: unattached attached maximum units per building Commercial, industrial or institutional building area (gross floor space): Linda square iect Indicate areas of specific uses (in square feet): Office 0 Manufacturing 0 Retail 0 Other industrial Warehouse 0 Institutional 0 Light industrial 0 Agricultural 0 4 Other commercial (specify) 0 Other: Mining and Restoration: 47 Acres Building height Restoration Only: 22.5 Acres Setbacks and buffer: 57.5 Acres If over 2 stories, compare to heights of nearby buildings Processing equipment will reach 25 feet in height. Stockpiles may extend to 50 feet in height. The equipment and stockpiles will be placed in lower areas of the mining operation, reducing their visibility. Because of the recessed nature of the processing and stockpile areas, the height of the equipment and stockpiles will generally be lower than any surrounding structures. 8. Permits and approvals required. List all known local, state and federal permits, approvals and financial assistance for the project. Include modifications of any existing permits, governmental review of plans and all direct and indirect forms of public financial assistance including bond guarantees, Tax Increment Financing and infrastructure. Unit of Lrovernment Washington County New Scandia Township MN Pollution Control Agency MN Dept. of Natural Resources MN Pollution Control Agency MN Dept. of Transportation Type of annlication Status Conditional Use Permit to be obtained Mining Permit to be obtained NPDES Storm Water add to multiple site permit Water Appropriations to be obtained Air Emissions Permit add to multiple site permit Access permit to be obtained 9. Land use. Describe current and recent past land use and development on the site and on adjacent lands. Discuss project compatibility with adjacent and nearby land uses. Indicate whether any potential conflicts involve environmental matters. Identify any potential environmental hazards due to past site uses, such as soil contamination or abandoned storage tanks, or proximity to nearby hazardous liquid or gas pipelines. Current and recent past land use of the site itself includes mining and stockpiling aggregates, agricultural, rural residential and open space. Surrounding the site is rural residential, agricultural and scenic riverway. 10. Cover types. Estimate the acreage of the site with each of the following cover types before and after development: Before After Before After Types 1-8 wetlands Lawn/landscaping Wooded/forest 57.2 50.2 Impervious surfaces Brush/Grassland 2.1 69.1 * Other (describe) Cropland 7.2 7.2 unreclaimed disturbed area from past mining TOTAL If Before and After totals are not equal, explain why: .5 .5 60 0 127 127 *Upon conclusion of the operation, restoration will leave the disturbed area as brush and grassland with an option to add trees. In the interim, during the mining operation, there will be 42 acres mined. 20.6 acres of previously disturbed area located within the St Croix Riverway Zoning District will be restored as a final phase of activity. 11. Fish, wildlife and ecologically sensitive resources a. Identify fish and wildlife resources and habitats on or near the site and describe how they would be affected by the project. Describe any measures to be taken to minimize or avoid impacts. The portion of the site proposed for mining provides a limited habitat for wildlife, primarily due to past mining activity that left disturbed portions of the site unreclaimed. Active mining will alter a small area of woods and cropland which may result in the temporary reduction of wildlife habitat. Upon completion of the mining activity and the restoration of all previously disturbed areas, the site will have greater habitat continuity and wildlife habitat will be improved. The area outside of the mining area and previously disturbed areas will remain as undisturbed buffer area, and continue to provide a variety of wildlife habitats. b. Are any state -listed (endangered, threatened or special concern) species, rare plant communities or other sensitive ecological resources such as native prairie habitat, colonial waterbird nesting colonies or regionally rare plant communities on or near the site? X Yes _ No If yes, describe the resource and how it would be affected by the project. Indicate if a site survey of the resources has been conducted and describe the results. If the DNR Natural Heritage and Nongame Research program has been contacted give the correspondence reference number: ERDB 20040092. Describe measures to minimize or avoid adverse impacts. The DNR was requested to provide natural heritage information for the project area and the vicinity within approximately 1 mile of the site. The DNR's Natural Heritage and Non -game report for the site and the area within about a 1-mile radius of the site indicates that there are 55 known occurrences of rare species or animal aggregates within the area. The majority of these occurrences are in or immediately adjacent to the St. Croix River. The DNR indicates that the only elements that may be impacted by Li lc ill Ui]l L iGi is ill I l]Ii iJti 1 iy, a JLdL IIJLt U zzycLICJ UI :ipcUc1i Lui II.Ci 11, Red Shouldered Hawks, also a state listed species of Special Concern as well as a number of rare freshwater mussel species within the St. Croix River. American Ginseng: American Ginseng is found in mature hardwood forests providing 75% shade. The plant grows best on moist, well -drained slopes. 11 The proposed project is located almost entirely within an area that has previously been disturbed by mining. As a result, there will be very little tree removal associated with this project. There is a small area of woods, approximately 7 acres in size, located in the southern portion of the project which will be cleared. The remaining wooded portion of the property encompassing approximately 50 acres of mature hardwood forest located on the bluffs of the St. Croix will remain undisturbed and continue to provided habitat for American Ginseng. Red -Shouldered Hawk: According to the DNR report, this hawk has been documented in the wooded areas along the St. Croix River in the vicinity of the proposed project. The report states, "this species requires large, contiguous forest tracts interspersed with wetlands and prefers lowland woods and river bottoms." As previously mentioned, the forest areas located on the site will remain largely undisturbed. The forested bluff area will remain lending to the contiguous habitat preferred by the Red Shouldered Hawk. Mussels: The DNR states that "the mining project should not be allowed to affect the water quality of the river in any way, as mussels are particularly vulnerable to deterioration in water quality, especially increased siltation." The mining project will have no effect on the water quality of the St. Croix River as washwater will be contained entirely on -site. The majority of stormwater within the active mining area will be contained on site. Any stormwater contacting disturbed mining areas that is discharged off -site will first be treated using best management practices. In addition, standard erosion and sedimentation practices will be implemented at the site and maintained throughout mining and restoration activity to protect water quality. It is expected that the project will have no impact on any mussel species. The DNR states that other rare feature occurrences listed in the report are not anticipated to be effected by the proposed project. A summary of the report and the DNR letter is contained in Appendix 1. 12. Physical impacts on water resources. Will the project involve the physical or hydrologic alteration — dredging, filling, stream diversion, outfall structure, diking, and impoundment — of any surface waters such as a lake, pond, wetland, stream or drainage ditch? _Yes X No If yes, identify water resource affected and give the DNR Protected Waters Inventory number(s) if the water resources affected are on the PWI: . Describe alternatives considered and proposed mitigation measures to minimize impacts. Because the New Scandia NWI map indicates the potential for a small PUBGx (palustrine/unconsolidated bottom/intermittently exposed/excavated) wetland within the mining area, the site has been evaluated by wetland specialists with Earth Tech. Their field investigation determined that there are no jurisdictional wetlands on site. Only upland vegetation and hydrology were noted and the Soil Survey for Washington County indicates that the site soils are silty loams, loamy sands and gravelly loamy coarse sand. A copy of the report is included as Appendix 2. 13. Water use. Will the project involve installation or abandonment of any water wells, connection to or changes in any public water supply or appropriation of any ground or surface water (including dewatering)? _ Yes _X No If yes, as applicable, give location and purpose of any new wells; public supply affected, changes to be made, and water quantities to be used; the source, duration, quantity and purpose of any appropriations; and unique well numbers and DNR appropriation permit numbers, if known. Identify any existing and new wells on the site map. If there are no wells known on site, explain methodology used to determine. There is one existing domestic well located on the site. This well supplies water to the residence located east of the railroad tracks. 14. Water -related land use management district. Does any part of the project involve a shoreland zoning district, a delineated 100-year flood plain, or a state or federally designated wild or scenic river land use district? X Yes _ No If yes, identify the district and discuss project compatibility with district land use restrictions. The site is located adjacent to the St. Croix River, a federally designated National Scenic Riverway. A portion of the site is located in the St. Croix Riverway zoning district. The extent of the Riverway land use overlay district is illustrated on Figure 5. The area proposed for sand and gravel mining is located outside of the limits of the Riverway district. Activity proposed within the Riverway district is limited to final restoration activities of previously disturbed portions of the site only. The final reclamation activity will occur as the final phase of restoration and will be conducted entirely within one construction season. Reclamation will involve final grading to blend into adjacent grades, backfilling to a maximum slope of 4:1 as may be needed to stabilize existing steep slopes, application of topsoil and establishment of vegetation to N+ vi i iOW Oil H iLCi II i i LU1 iU1Li'Ul i UI .7LUU16Ly. vdi Ucr i iv L.1c: i li Ic, UI stripping of topsoil or any activity in previously undisturbed portions of the site within the St. Croix Riverway Zoning District. The reclamation activity will be setback from the St. Croix River 1,000 feet or more. Existing topography and the heavily wooded bluff will prevent any of the proposed operations from being visible from the river. Cross sections, Figures 6 and 7, illustrate the proposed activity with respect to the River. The eastern portion of the site lies within the 100 year floodplain of the St. Croix River. The proposed mining and restoration activity is located outside of the floodplain. 15. Water surface use. Will the project change the number or type of watercraft on any water body? _Yes X No If yes, indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other uses. 16. Erosion and sedimentation. Give the acreage to be graded or excavated and the cubic yards of soil to be moved: acres 62 ; cubic yards 1.2 mcy. Describe any steep slopes or highly erodible soils and identify them on the site map. Describe any erosion and sedimentation control measures to be used during and after project construction. As a result of the previous mining, a variety'of soil types have been exposed. Some of the site soils pose a severe erosion hazard, particularly the Emmert soils. However, most of the areas occupied by this soil type will remain undisturbed, with the exception of very small areas in the extreme north and south portions of the site. Erosion of the Antigo silt loam is severe when disturbed. The surface layer of the Santiago silt loam is easily erodeable on steeper slopes, however this soil tends to seal during rains and crust on drying. The Gotham loamy sand blows easily and erosion can be a problem if no vegetated cover is present. Control measures include establishing vegetation over topsoil on finished elevations after mining operations in the area has ceased. Restoration measures will help stabilize slopes formed during reclamation. Vegetation and stabilization of slopes will decrease surface runoff and sedimentation. Where needed, the property boundary areas will be planted with trees to help contain fugitive dust emissions and protect the soils from eroding during active operations. Runoff is directed to onsite low areas established throughout the active mining area as mining progresses. This prevents runoff containing a high sediment load from leaving the site during active mining operations. 17. Water quality: surface water runoff a. Compare the quantity and quality of site runoff before and after the project. Describe permanent controls to manage or treat runoff. Describe any storrnwater pollution prevention plans. The general direction of stormwater runoff is to the east towards the bluffs of the St. Croix River. Prior mining has altered storm water runoff patterns, quantity and quality at the site. Stormwater runoff patterns will continue to be modified with the progression of mining. The Restoration Plan contemplates establishing grades that will provide for collection of stormwater runoff at two locations within the interior of the site prior to discharge from the mining area. These collection points can later be developed to serve as stormwater management ponds upon final development of the site. The previous mining activity has artificially increased infiltration rates, thereby decreasing the volume of runoff in areas where vegetation has been removed and topsoil has been stripped. At this location, reclamation was not required after the cessation of past mining activity. Topsoil has not been respread over the site, therefore infiltration rates are high throughout the previously disturbed portions of the site. When this property is put to any active land use, this effect will be reduced as reclamation proceeds and topsoil and vegetation are replaced. A pollution prevention plan will be implemented for this site in conjunction with the MPCA NPDES permit. The plan will utilize best management practices to minimize or prevent discharge of storm water runoff from becoming contaminated or for sediment laden storm water from being discharged off site. b. Identify routes and receiving water bodies for runoff from the site; include major downstream water bodies as well as the immediate receiving waters. Estimate impact runoff on the quality of receiving waters. The site generally drains east towards the St. Croix River. However, the majority (not all?) of runoff generated on -site from active mining activities will be contained within the mining area of the site, draining to low areas created during the extraction processes. Surface water runoff will infiltrate into the underlying granular soils and ultimately enter into the ground water system, which eventually discharges into the St. Croix River as well. 18. Water quality: wastewaters a. Describe sources, composition and quantities of all sanitary, municipal and i•� l�t�tt-�nl t�in�tP�z..,f,^t-��rr.•�i��.ra r.rit•nnt�r7 a4 4�,� �;4r. Sanitary or municipal wastewater will not be generated at the site. Industrial wastewater will be limited to that reused in the portable washplant, which will operate periodically at the site. The water in the washplant will not contain chemical additives. Washwater will be managed in an on -site recycle basin where washwater and fines will be recycled. 10 Washwater will not be discharged from the site. b. Describe waste treatment methods or pollution prevention efforts and give estimates of composition after treatment. Identify receiving waters, including major downstream water bodies, and estimate the discharge impact on the quality of receiving waters. If the project involves on -site sewage systems, discuss the suitability of site conditions for such systems. On -site treatment of washwater will be sedimentation. Chemicals will not be added to the wash water or the wash water. After passing through a series of sedimentation ponds to treat the high suspended sediment load, the water will be returned to the washplant. All of the washwater will be recycled and it will not be discharged off site. c. If wastes will be discharged into a publicly owned treatment facility, identify the facility, describe any pretreatment provisions and discuss the facility's ability to handle the volume and composition of wastes, identifying any improvements necessary. Not applicable d. If the project requires disposal of liquid animal manure, describe disposal technique and location and discuss capacity to handle the volume and composition of manure. Identify any improvements necessary. Describe any required setbacks for land disposal systems. Not applicable 19. Geologic hazards and soil conditions a. Approximate depth (in feet) to ground water: whole site: Oft minimum 55 ft average active mining areas: 50 ft minimum 70 ft average b. to bedrock: whole site: 0 ft minimum 50 ft average active mining areas: 10 ft minimum 60 ft average Describe any of the following geologic site hazards to ground water and also identify them on the site map: sinkholes, shallow limestone formations or karst conditions. Describe measures to avoid or minimize envirornnental problems due to any of these hazards. Although much of the surrounding region displays minor karst characteristics, the site itself does not contain sinkholes, shallow limestone formations, or other such karst-related features. 11 The site is located adjacent to the St. Croix River. The river has a significant affect on the ground water flow regime and it is a surface expression of the groundwater table. Surficial aquifer ground water flow is to the east, towards the St. Croix River Valley. The Washington County Geologic Atlas indicates that the ground water table elevation at the site varies from approximately 840 feet above mean sea level (MSL) on the western portion of the site to approximately 690 feet above MSL adjacent to the river. In the underlying bedrock aquifer (the Prairie du Chien -Jordon Aquifer) ground water flow is also to the east discharging into the St. Croix River. The bedrock subcrop beneath the northernmost portion of the site consists of the Ordovician Prairie du Chien. In the southern portion of the site, the Cambrian Jordan Sandstone forms the subcrop. Moving east through the valley, the river has cut through the St. Lawrence, Franconia and the Ironton -Galesville Formations. Depth to bedrock ranges from 0 to over 100 feet, with bedrock elevations of about 750 to 880 feet above MSL. b. Describe the soils on the site, giving NRCS (SCS) classifications, if known. Discuss soil granularity and potential for groundwater contamination from wastes or chemicals spread or spilled onto the soils. Discuss any mitigation measures to prevent such contamination. According to the Washington County Soil Survey, the site area consists of silt loams, loamy sands, gravelly loamy coarse sand, a rock outcrop complex, and areas of past and active gravel pits. The gravel pit areas comprise the most predominant soil classification and cover about 42.8% of the site. The Emmert gravelly loamy coarse sand and the Emmert loamy coarse sand cover 23.9% and 2.2%, respectively, of the site. Other soil types found on the site are the Gotham loamy sand (12.8%), Antigo silt loams (11.3%), Santiago silt loams (5.0%), and the Mahtomedi Variant -Rock outcrop complex (2.0%). The Emmert soils are excessively drained, with very rapid permeability that formed on outwash plains in noncalcareous sand and gravelly sand outwash. The Gotham soil is a well -drained, rapidly permeable soil that formed on outwash plains in loamy sand or sand of 4' or greater thickness. The Antigo soils are well drained with moderate permeability in the upper silty mantle and very rapid permeability in the underlying material. The Antigo soils c^r-y.n.-� �n ._-„-1n�1}n�i; r-�..•-.gyp ^i!�n^ -:�In ^�.. .d, �,;,�,,, �1� C'�,.,�; ,. soils are well -drained, moderately slowly permeable soils on loess -mantled glacial uplands. These soils formed in 15-30 inches of loess and the underlying loamy glacial till. The Mahtomedi Variant is comprised of excessively drained, rapidly permeable soils on bedrock -controlled uplands that formed in a dominantly sandy mantle of erosional sediments and residuum weathered from sandstone bedrock. 12 Because of the poor filtering capability of granular soils, removal of high permeability soils will not significantly increase susceptibility of the ground water to contamination. Measures will be taken to reduce the potential for ground water contamination, including secondary containment of fuel and petroleum product storage tanks, prohibiting additives in washplant operations, and conducting limited truck maintenance, oil changes, fueling etc. over impermeable surfaces. In addition, upon conclusion of mining, reclamation, using lower permeable materials as backfill and reapplication of topsoil will provide some filtering and attenuation capacity. 20. Solid wastes, hazardous wastes, storage tanks a. Describe types, amounts and compositions of solid or hazardous wastes, including solid animal manure, sludge and ash, produced during construction and operation. Identify method and location of disposal. For projects generating municipal solid waste, indicate if there is a source separation plan; describe how the project will be modified for recycling. If hazardous waste is generated, indicate if there is a hazardous waste minimization plan and routine hazardous waste reduction assessments. Solid wastes will not be produced at this site. b. Identify any toxic or hazardous materials to be used or present at the site and identify measures to be used to prevent them from contaminating groundwater. If the use of toxic or hazardous materials will lead to a regulated waste, discharge or emission, discuss any alternatives considered to minimize or eliminate the waste, discharge or emission. The site generates very small quantities of hazardous waste when performing routine. maintenance (oil changes, etc.) on on -site equipment. A service truck comes to the site to perform routine maintenance. The service truck takes all used fluids from the site where they are properly disposed of at the proposer's main shop. The service truck carries a spill containment kit. Diesel fuel and very small quantities of oil, anti -freeze, grease, hydraulic fluid, etc. are stored on the site. Fuel storage is described below. The other products are all stored in an enclosed van. Use of the service truck described above minimizes the amount of hazardous materials stored on -site. A spill containment kit is kept in the van. c. Indicate the number, location, size and use of any above or below ground tanks to store petroleum products or other materials, except water. Describe any emergency response containment plans. Diesel fuel will be used to operate on -site equipment including generators. 13 One or two above ground tanks with double walls or secondary containment in accordance with MPCA rules will be used, or alternatively, equipment will be fueled using a fueling service. 21. Traffic. Parking spaces added 0 . Existing spaces (if project involves expansion). Estimated total average daily traffic generated. Estimated maximum peak hour traffic generated (if known) and time of occurrence. Provide an estimate of the impact on traffic congestion on affected roads and describe any traffic improvements necessary. If the project is within the Twin Cities metropolitan area, discuss its impact on the regional transportation system. The site will operate seasonally. Estimated total average daily traffic generated will be 60 truck loads per day, (120 truck trips) during the mining season. This is based on removal of 150,000 cy/year. Maximum peak hour traffic is anticipated to be 20 trucks per hour, occurring between 7:00 a.m. and 8:00 a.m. MnDOT's 2002 Trunk Highway traffic volumes indicate the following traffic counts: Hwy 97, west of site Hwy 95, north of 97 Hwy 95, south of 97 AADT HCADT 5,700 360 7,400 650 4,250 240 AADT: Average Annual Daily Traffic HCADT: Heavy Commercial Average Daily Traffic. The site is served by State Highway 95 (Hwy 95) and State Highway 97 (Hwy 97). There is a current site access at the intersection of Hwy 95 and Hwy 97. The vast majority of truck traffic, approximately 95%, will travel from the site west on Hwy 97. The proposer has met with MnDOT and determined that the existing site access needs to be realigned to provide a safer intersection. The realignment will require a new access permit from MnDOT. A bike trail is located along Hwy 95, south of the intersection of Hwys 95/97, ending at the site's current access road. The very northern -most portion of the bike trail may need to be removed as part of the realignment. The proposed realignment is illustrated on Figure 4. 22. Vehicle -related air emissions. Estimate the effect of the project's traffic generation on air quality, including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. Note: If the project involves 500 or more parking spaces, consult EA Guidelines about whether a detailed air quality analysis is needed. 14 Vehicle related air emissions include carbon monoxide, hydrocarbons, Wx, Particulate Matter and Sulfur Dioxide from employee automobiles, trucks, and excavation equipment such as loaders and back hoes. The metropolitan area is designated as a maintenance area with no violations in the CO standards. The site is expected to have a small but not significant or adverse impact on air quality. 23. Stationary source air emissions. Describe the type, sources, quantities and compositions of any emissions from stationary sources of air emissions such as boilers, exhaust stacks or fugitive dust sources. Include any hazardous air pollutants (consult EA Guidelines for a listing) and any greenhouse gases (such as carbon dioxide, methane, nitrous oxide) and ozone -depleting chemicals (chloro- fluorocarbons, hydrofluorocarbons, perfluorocarbons or sulfur hexafluoride). Also describe any proposed pollution prevention techniques and proposed air pollution control devices. Describe the impacts on air quality. Crushing equipment will create air emissions. The site will generate fugitive dust primarily from haul roads, and to a lesser extent, extraction and processing equipment. Fugitive emissions will be controlled by watering haul roads. The natural moisture content of in -place materials also helps to reduce fugitive dust generated during the extraction process. Crushing equipment is equipped with spray bars to minimize generation of dust during processing. Many of the stockpiles will have sufficient moisture content from the washing process to keep fugitive dust levels low during loading operations. 24. Odors, noise and dust. Will the project generate odors, noise or dust during construction or during operation? X Yes No If yes, describe sources, characteristics, duration, quantities or intensity and any proposed measures to mitigate adverse impacts. Also identify locations of nearby sensitive receptors and estimate impacts on them. Discuss potential impacts on human health or quality of life. (Note: fugitive dust generated by operations may be discussed at item 23 instead of here.) Haul trucks and excavation equipment used at the site for mining processes generate dust and noise. The site will operate under a MPCA air emissions permit. This permit will require opacity testing of all processing equipment as well as measures to control dust. These measures will include paving the first 100 feet of the site entrance, watering internal haul roads as necessary and operating spray bars on processing equipment. In addition, loading and processing operations will be established at recessed portions of the site, reducing dust emissions from the site. The site must also operate under the noise limits established by the MPCA. Processing activities will be located in the lower portion of the site to reduce 15 noise levels, and equipment will be fitted with standard noise reduction equipment such mufflers, and hours of operation will be controlled. Vegetative screening around the perimeter of the site will also reduce dust and noise. 25. Nearby resources. Are any of the following resources on or in proximity to the site? Archaeological, historical or architectural resources? _Yes X No Prime or unique farmlands or land within an agricultural preserve? X Yes _ No Designated parks, recreation areas or trails? X Yes _ No Scenic views and vistas? X Yes _ No Other unique resources? X Yes _ No If yes, describe the resource and identify any project -related impacts on the resource. Describe any measures to minimize or avoid adverse impacts. The Minnesota Historical Society was contacted regarding the potential for nearby archeological, historical or architectural resources. The results of their review indicate that there are no properties listed on the National or State Registers of Historic Places and that there are no known or suspected archeological properties in the area that would be affected by this project. A copy of the letter is included as Attachment C. There are some very small areas of Antigo Silt loam 2-6 percent slopes, which are prime farmlands within Washington County that will be impacted as a result of this project. The total area of prime farmland to be impacted is approximately 4.3 acres. Figure 7 illustrates the location of the farmlands with respect to the proposed mining limits. There is a bike path that runs along the east side of Hwy 95 along the southern portion of the property up to Hwy 97. A berm is located on a portion of the western property boundary which will screen the bike path and Hwy. 95 from the operations. The St. Croix River valley contains numerous scenic views and vistas all along the river. The project will not be visible from the river. The site contains the unique resource of sand and gravel aggregates, an essential component of the metropolitan area's roads and infrastructure. The project allows for the utilization of the resource and complete restoration of 26. Visual impacts. Will the project create adverse visual impacts during construction or operation? Such as glare from intense lights, lights visible in wilderness areas and large visible plumes from cooling towers or exhaust stacks? Yes X No If yes, explain. 16 The site will not be visible from the river. Screening berms will be placed along the western portion of the site, processing equipment and loading activity will be performed at lower elevations within the site, minimizing any visual impacts from Hwy 95. 27. Compatibility with plans and land use regulations. Is the project subject to an adopted local comprehensive plan, land use plan or regulation, or other applicable land use, water, or resource management plan of a local, regional, state or federal agency? X Yes _ No. If yes, describe the plan, discuss its compatibility with the project and explain how any conflicts will be resolved. If no, explain. The project is subject to New Scandia Township and Washington County Zoning and Land Use regulations. The site is zoned Agriculture, with portions of the site lying in the St. Croix Riverway Zoning District. The zoning code allows mining as a conditional use for areas outside of the Riverway District. Within the Riverway District, mining is not allowed. The only activity proposed within the portion of the Site overlain by the Riverway District is final reclamation of the area previously disturbed by past mining activity and never reclaimed. Grading is a permitted use in the Riverway district. Proposed restoration activities include grading to obtain grades that are a suitable for final site development and stormwater management, placement of topsoil and seeding to establish vegetation. Stabilization of the previously disturbed areas of the site will provide an overall benefit to the environmental by minimizing erosion, sedimentation and discharge of stormwater runoff with high sediment loads. Mining and reclamation activities will be consistent with current regulations and will operate under the appropriate permits from both the Township and the County. 28. Impact on infrastructure and public services. Will new or expanded utilities, roads, other infrastructure or public services be required to serve the project? _Yes X No. If yes, describe the new or additional infrastructure or services needed. (Note: any infrastructure that is a connected action with respect to the project must be assessed in the EAW; see EA Guidelines for details.) The existing site access on to Hwy 95 does not form a right angle with the highway. The proposer has met with MnDOT and determined that the current access will need to be realigned to provide a 90 degree intersection. The proposed realignment is indicated in Figure 4 of this document. 29. Cumulative impacts. Minnesota Rule part 4410.1700, subpart 7, item B requires that the RGU consider the "cumulative potential effects of related or anticipated future projects" when determining the need for an environmental impact statement. Identify 17 any past, present or reasonably foreseeable future projects that may interact with the project described in this EAW in such a way as to cause cumulative impacts. Describe the nature of the cumulative impacts and summarize any other available information relevant to determining whether there is potential for significant environmental effects due to cumulative impacts (or discuss each cumulative impact under appropriate item(s) elsewhere on this form). The project is a continuation of an existing gravel mining operation. The project will include restoration of newly mined areas of the site. Incorporating the reclamation and stabilization of previously mined areas into the Project will have the cumulative effect of facilitating reuse of the entire site and will provide for long term stability of the entire site. There are no future projects, planned or foreseeable, which would involve mining at this site. The reclamation will leave the site in a condition ready for ultimate development. However, the parameters of the development have not been established and are not included for consideration in this EAW. 30. Other potential environmental impacts. If the project may cause any adverse environmental impacts not addressed by items 1 to 28, identify and discuss them here, along with any proposed mitigation. There are no other known potential environmental impacts. 31. Summary of issues. Do not complete this section if the EAW is being done for EIS scoping; instead, address relevant issues in the draft Scoping Decision document, which must accompany the EAW. List any impacts and issues identified above that may require further investigation before the project is begun. Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and issues, including those that have been or may be ordered as permit conditions. #11: State Listed Species: There are various species of concern that are located in the vicinity of the project area. This is expected due to the proximity of the St. Croix River and the diverse habitat that the river valley provides. Of particular concern are American Ginseng and the Red -Shouldered Hawk as well as a variety of mussel species. Both Ginseng and the Red Shouldered Hawk are found in a wooded habitat. The project will mitigate the impact to these plants and animals by I iil Ill l� Ni cJ La:Ji I iii iC71 7Li y' II i �..il L. 'Y iiJU�l� l,i::UI i:U u�:UJ 61 U KC .ii Lam:. i I k� JLU; iU of trees forming a continuous corridor along the bluffs of the St. Croix River will not be removed. The mussels are found within the River itself. A number of measures will be adopted to minimize any potential for sedimentation into the W. river to occur as a result of this project. The majority of storm water will be handled internally. Restoration grades allow for the retention of stormwater, allowing sedimentation to occur prior to discharge off site. In addition, reclamation will provide backfilled, slopes that will be stabilized with vegetation to minimize the potential for erosion and sedimentation. As a result of these practices, there should be no adverse impact to the river or its mussel population. #24 Odors, Noise and Dust: The project will generate noise and dust. All equipment has standard noise reduction features such as mufflers. Processing and loading equipment will be operated at lower elevations within the pit to minimize the amount of noise around the perimeter of the site. The site must operate within the noise standards set forth by the Minnesota Pollution Control Agency. Water will be applied to haul roads as needed to reduce fugitive dust. Processing equipment will be fitted with spray bars to reduce dust generation. The site will operate under a MPCA air Emissions Permit. Under this permit, the site must comply with air quality standards set forth by the Minnesota Pollution Control Agency. Permit conditions include opacity testing of processing equipment as well as control of fugitive dust emissions. The site will not exceed noise standards set forth by the Minnesota Pollution Control Agency. #25 Portions of the mining area include prime farmlands. The size of the area containing prime farmlands is small, less than 5 acres in a acre field. Mining the area will remove these lands from agricultural production. #27 Mining is not an allowed use in the Riverway Overlay district. The project is designed to buffer the Riverway portion of the site from the mining activities during operation. The Project will also allow reclamation of the previously mined areas within the Riverway portion of the site 19 RGU CERTIFICATION. The Environmental Quality Board will only accept SIGNED Environmental Assessment Worksheets for public notice in the EQB Monitor. I hereby certify that: • The information contained in this document is accurate and complete to the best of my knowledge. • The EAW describes the complete project; there are no other projects, stages or components other than those described in this document, which are related to the project as connected actions or phased actions, as defined at Minnesota Rules, parts 4410.0200, subparts 9b and 60, respectively. • Copies of this EAW are being sent to the entire EQB distribution list. Signature Title Date Environmental Assessment Worksheet was prepared by the staff of the Environmental Quality Board at Minnesota Planning. For additional information, worksheets or for EAW Guidelines, contact: Environmental Quality Board, 658 Cedar St., St. Paul, MN 55155, 651-296-8253, or www.mnplan.state.mn.us 20 W.S.E. 661.9 SINGLE FAMILY ESTATE (SFE) WITH ST CROIX RIVER MANAGEMENT DISTRICT OVERLAY _ i I NOTES: 1. TOPOGRAPHIC AND PARCEL INFORMATION FROM WASHINGTON COUNTY LAND SURVEY DIVISION. DATE OF AERIAL PHOTOGRAPHY: APRIL 2000. N 200 0 200 ,al SCALE IN FEET ©[UNDE UI© NGiNEERING NC. CONSULTING CIVIL ENGINEERS .200 WEST OLD SHAKOPEE ROADSURE 230 BLOOMINGTON, MINNESOTA 55437 E81-J3N TELEPHONE f952)141 1913 FAX MwwsuMAeMI mm TILLER CORPORATION ZAVORAL PROPERTY NEW SCANDIA TWP. WASHINGTON COUNTY, MN DATE REVISION mm ADODOIANOINFOR1wm I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA GeoM M. Su1We DATE REG NO: 0734 INFORMATION: PROJECT NO: u4n DRAWN BY: SJR CHECKED BY: APPROVED BY: I,PR SCALE: DATE: 3ft5'02 DESCRIPTION: EXISITING CONDITIONS SHEET NO: 1 © FUNDE .8; W.S.E. 6, " 661.9 lm DINGINEERING WBE. NC. A,6BI,3 CONSULTING CIVIL ENGINEERS 4200 WEST OLD SHAKOPEE ROADSURE 2W 1,v\`��•3 BLOOMINGTON, MINNESOTA 55477 (952) B81-lWTELEPHONE (952) Ul-101] FAX Www—Koc Ican TILLER CORPORATION ZAVORAL PROPERTY D aQ SINGLE FAMILY ESTATE (SFE) WITH ST CROIX RIVER MANAGEMENT DISTRICT OVERLAY i 260 200 400 SCALE IN FEET NEW SCANDIA TWP. WASHINGTON COUNTY, MN DATE REVISION 5(!]92 ADD204INGINFORAIATION I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA- Gerek M. Smn DATE: REG. NO.: B734 INFORMATION: PROJECT NO.: 02626 DRAWN BY: SJR CHECKED BY: APPROVED BY: KPR SCALE: DATE: W25M2 DESCRIPTION: PROPOSED MINIMUM RESTORATION GRADES SHEETNO 1 0 T. , R. • S. DRAWING: F:\DWGS\TIkl — All\Tll" Zavoral\b llmop d.g LAYOUT: Loyoull XREF: XREF Meeting Date: 11/14/2006 Agenda Item: 3, C ) P, if, 41 Planning Commission/ Town Board Agenda Report Town of New Scandia 14727 209' St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Review concept sketch for revisions to Emerald Acres development plan and provide comments to the developer. Deadline/ Timeline: N/A Background: • A preliminary plat, variance and conditional use permits for an open space design subdivision were approved by the Township and Washington County for Emerald Acres earlier this year. • The project includes 25 lots, one short of the maximum 26 lots that could have been approved for the site. • The developer has requested that the Commission and Board comment on his proposal to revise the plans to add one more lot by reconfiguring lot lines on the proposed Morgan Circle cul-de- sac. They state that the development will not be financially feasible unless they are permitted an additional lot. • Aapproval of this request would require, at a minimum, amendment of the conditional use permit Recommendation: The Commission and Town Board should make comments as you deem appropriate. This number of lots in this subdivision was the subject of much discussion during the original approval process, so you might consider whether a new public hearing on a revised preliminary plat might also be necessary if a formal application goes forward. Attachments/ 0 October 18, 2006 letter form Steve May, Scandia Development Materials provided: a Approved Preliminary Plat (steve may) Page 1 of 1 11 /02/06 Contact(s): Steve May, Scandia Development 430-0909 Prepared by: Anne Hurlburt, Administrator Scandia DeveCa ment LLC ' ' T. OCT 2 4 j0i)fi G October 18, 2006 Dear Town Board Members: In the past you have given preliminary plat approval for our Emerald Acres Subdivision which is 25 lots (1 lot short of a 100% bonus density). We agreed to install a community well system and plant 150 plus trees to replace trees we are removing. You asked us to negotiate with our neighbors to the south to try and curve the connecting road to eliminate the stop sign and the 90 degree turn. We believe we have solved this problem, and our neighbors to the north complained about the road going through their property, we believe we have softened their position by allowing them to farm the approximately 30 plus acres of our open space indefinitely for free. The problem we are experiencing however is that all three of our banks turned us down for financing because of very marginal profit margins the lots would bring. Therefore we are respectfully requesting that the Township allow us 1 more lot for a total of 26 with a 100% density bonus to make this more attractive to our banks. I would like to remind you that shortly before our development was approved Diamond Homes received 100% density bonus without being required to install a community well system or plant 150 plus trees. We feel that given the fact we have a good past relationship with the Township, we think we significantly helped solve the issues with the neighbors north and south, and Diamond Homes was given a 100% bonus without extra requirements it would only be fair to give us the same. Economically we will not be able to develop this property with out your assistance. I have included a concept that shows 1 extra lot. If you feel you can work with us we will direct our engineering firm to make all necessary changes. We believe requesting a change on our plat does not require a whole new application since we are basically dealing with minor changes to the same plat. Greg Johnson or Steve May will attend your November 10 meeting to answer any questions. We appreciate your cooperation and consideration Sincerely Steve May Scandia Development, LLC. Cn con 0> �bCD UO CD n (D (D r tnr CD ( CCD CD ':sCD cn ►D �! En . o D o ON CD �Q �-t- D o o O CD A 0 ►.. a � O o� 1 N � �C C p 0 °o CD 0 �, rD W O O O r �. E5 ►� O � CD CD Zv O y N O n � 0 �. m CD CD CD ry r-+ �' P1 CDEn -- O CD n CD M CD En CD C CD tno�n� nCD CD CD ►r O CD CD O r� 00 a a N z - a d CD CD r W Fm- 'i ;m om y o m DDa m D 17; Ccontro-I Bank Cann RepWa 35M 1245h Ave. NW Coon ROW MN 55433 (7a3) 78ae1e4 FSX peg 783-1883 Eden Prairie SM Shelly 01k FbW Edw PAW^ MN SSW Fa PM e44� Gokien Valley e45 W4lrwka A� N 6okhn %ft M H 55W crest 6464 o5 Bc IWdheel 758 CWAMI Menus NW SL Machsd, MN 35M (7" 497.3114 Am pea) 815-095e stlWater 2M Fi= Road West Pa ent 225 (S51) 43a,M Fa (551) 351.15W While Bear Lake 3578 Ead Csunq lira N WNIe Bear WoS MN MIG (60) 4250H FAX (551) 42 -SW Websfte "'corvamrkeom 2 FADER Member F.D.ILC. October 19, 2006 Scandia Development Corp. Attn; Steven May. 6750 Stillwater Blvd. North Stillwater, MN. 55082 RE: Emerald Acres Dear Steve: Central Bank appreciates the opportunity to review your proposed Emerald Acres development in Scandia. Based on our required payouts on percentages per lot, Central Bank is unable to provide the financing needed. Central Bank would revisit the project under different terms. Your business is appreciated. Should you have any questions please do not hesitate to call the undersigned at 651-351-1517. Sincerely Jcott Branch President Central Bank Stillwater OR NOZ* f 9 24 Ate' ' \ f323.74 ----` Ito wpm IV11 I dro CS CID 55 f \ 11 0 L ( \ I zF,��gW� � ,n 1 �, L Ir MIN �F` R��°+� � ..r ,rat';• .:.�pr! glwl �::_:'..:. --' '- �F ��3i Q�7 �Iw - f ..ir � 1 _ �Y.- •� -• .. .. l/ � 1, �. • {'R J'�~ -1� 'tip. ! � i q; i " IF i I gL. a 0.-- i S Al-- -•--' 1' 1. 1 � \ !U • `. � � , is i a t � fir' �.; 1 �N,111'_!U:•1\ 1 ,••:� . 1 - - - �\ 1 ''1\ �• ,\\\its \ ` '\\\ • ` -�� u RtSAvemewnTH r Fir JL- Meeting Date: Agenda Item: 11 /14/2006 3- d) e- C Planning Commission Agenda Report Town of New Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Consider rescheduling the January 2, 2007 Planning Commission Meeting to January 16 or January 23, 2007. Deadline/ Timeline: Staff is already receiving inquiries about upcoming meeting dates and deadlines for scheduling hearings. Background: • The newly elected Scandia City Council will hold their first meeting on January 2, 2007. Certain organizational tasks must be completed, including determining their meeting schedule and whether they want to continuing holding concurrent Council and Planning Commission meetings. • While the meeting schedule may not change, it would be desirable for the Council to have at least one meeting prior to a scheduled Planning Commission meeting. • Postponing the January Commission meeting to the third Tuesday of the month (January 16) would allow time for the new Council to meet at least once prior to the meeting, but not before hearing notices would need to be submitted to the newspaper. • Postponing the January Commission meeting to the fourth Tuesday of the month (January 23) would allow time for the Council to meet at least once before we must publish notices for any hearings, allowing more flexibility for setting meeting dates. Recommendation: I recommend that the Commission choose either January 16 or January 23, 2007 for the first Planning Commission meeting of the new year. Attachments/ None Materials provided: Contact(s): (January meeting date) Prepared by: Anne Hurlburt, Administrator Page 1 of 1 11 /02/06 Meeting Date: 11/14/2006 Agenda Item: Yl f J j /)/2) od Planning Commission/ Town Board 1, e,) 7-,6- Agenda Report Town of New Scandia 14727 209" St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Review Conditional Use Permits (CUPs) for: 1) Keith's Landscaping, 15169 Scandia Trail 2) Am -Tech Design, Hawkinson Business Park Deadline/ Timeline: Review of these two CUPs was postponed from the October 3, 2006 meeting. Background: • It has been the practice of the Planning Commission to periodically review the status of CUPs approved by the Township to determine whether they are in compliance with the conditions of approval. • Staff was asked to investigate the status of sewer and water facilities at Keith's Landscaping. The CUP includes a condition that the permit was subject to approval of the individual septic treatment system by the Building Inspector and that a portable toilet be available for use by employees inside the building until a bathroom is installed. • Staff s investigation found that, based on the occupancy and physical characteristics of the building (a storage building with a dirt floor, no water supply and no office or employees working on site) that no sewage system is required by the Building Code or Washington County sanitation regulations. Recommendation: I recommend that the Commission review the status of these CUPs, and make recommendations to whether any actions are necessary on the part of the Township. If any conditions are not being met, I would suggest that the owner be given a reasonable time period to bring their property into compliance. If that is not successful, the remedy would be to commence an action to revoke the permit, in accordance with the procedures in Chapter 1, Section 7.8 of the Development Code. Page 1 of 2 11 /02/06 Attachments/ • Status report on CUPS for Keith's Landscaping and Am -Tech Materials provided: Design • Excerpt of Development Code-- Chapter 1, Section 7.8, Conditional Uses Contact(s): Prepared by: Anne Hurlburt, Administrator (Wplanning commission/reports/2006/CUPS nov14 agenda) Page 2 of 2 11 /02/06 CUP RENEWALS — BI-ANNUAL REVIEWS Date: Business Name: Keith's Landscanin2 Owner Name: Keith Greenwaldt Address: P.O. Box 451, Hugo 55038 (15169 Scandia "frail) Tel: 651-433-3352 Business Type: Landscaping & Excavating, Issue Date: Jan. 5, 1999 Exp. Date: Jan. 2009 Last Visit Date: Oct. 2006 Original Conditions: Jan. 5,1999 - Keith Greenwaldt, P.O. Box 451, Hugo, MN 55038, and Owners Ellen & Barry Farver, 15169 Scandia Trail, requested a Conditional Use Permit (CUP) to operate Keith's Landscaping and Excavating in the Hawkinson Business Park on Ozark Ave. Legal: Lot 3, Block 2, Hawkinson Business Park. GEO: 14-032-20-44-0005. The letter from Marc Weigle, Town Planner and a memo from Tom Peterson, Town Engineer were read into the record. Chair Mary Lanz opened the floor to public comment. Mike Peterson, 21090 Ozark Ct N, one of the original developers for Hawkinson Business Park, stated all buildings in the park are required to have an overhang and soffits, that bathroom and septic will be needed with two to three employees and the outside of the building is a concern. Nancy Peterson, Architectural Committee member stated three members of the committee reviewed the plans and there needs to be some revision such as windows, 18" overhang, soffits, and the color to be earth -tone. There needs to be a professional landscaping plan as required by other buildings in the business park. Nancy Madden made a motion to table the CUP request of Keith Greenwaldt until he has a landscaping plan, lighting plan, and a new site plan. February 2,1999 Mr. Keith Greenwaldt presented a revised site plan including landscaping and lighting. Color of building was confirmed as grey with white trim. A four -foot berm with trees is planned to screen storage material and mature trees already border on south side of proposed storage area. The site has been perced for septic. Nancy Madden made a motion to recommend to the Town Board that they approve the Conditional Use Permit request of Keith Greenwaldt for Keith's Landscaping and Excavation on the grounds it is a suitable use of the property. Conditions are: 1) The storage area is screened with landscaping materials, berms and fencing in compliance with the Ordinance and with Architecture Committee approval; 2) The stockpile materials do not exceed ten (10) feet in height; 3) Only "clean" materials shall be stored on site, such as sand, rock, and gravel. Construction debris and other materials not used in landscaping shall not be stored on site; 4) A minimum of three paved parking spaces are provided as shown on the revised site plan; 5) The roof and building siding be neutral or earth tone in color as required by the Hawkinson Business Park Architectural Standards — sample colors presented are acceptable; 6) The sign shall be at least ten feet from the property line; 7) All lighting shall be directed on the site and the source shall not be visible from the public right-of-way; 8) Subject to the Town Engineer's review and approval of grading and utility plans; 9) Subject to approval of the individual septic treatment system by the Building Inspector; 10) A portable toilet be available for use by employees inside the building until a bathroom is installed; and 11) Overhead door is not to be used as a loading dock. The permit is issued for one year. October 3, 2006 - Owner, Keith Greenwaldt, was present. The outside storage area was clean and orderly. The inside of the building was not inspected. Previous conditions indicated three spots should be paved in front, but he has no drive up business. Owner should be given a date by which the paving should be completed or, alternatively, given a variance that paving is not required. There is a portable toilet on site. Original conditions stated a satellite would be available until a bathroom is installed. County doesn't allow pump -only facilities for new places. A recommendation for continuation of the permit was tabled until the Administrator can check into the Township and County codes applicable to this business. CUP RENEWALS — BI-ANNUAL REVIEWS Date: Business Name: Am -Tech Design Owner Name: Michele Carlson Address: Box 236,Scandia, Hawkinson Bus. Park Tel: Business Type: N•lanufacturing Issue Date: Exp. Date: Last Visit Date: 9/07/04 Original Conditions: 10/07/97 Michele Carlson, 12147 205th Street, Marine, requested an amendment to her Conditional Use Permit for a 48' x 40' addition to the existing building on Ozark Avenue. Legally described as Lot 6, Block 1, Hawkinson Business Park. All setbacks would be met, there is sufficient parking and there would be no increase in outside storage. The letter from Dennis O'Donnell was read. There was no public comment. The Planning Commission discussed with Ms. Carlson the blacktopping condition from the original permit issued May 1995. Ms. Carlson indicated she could not afford to blacktop and as wel as put up the addition. She also couldn't give a date for blacktopping due to financial reasons. Mr. Booren made a motion to recommend to the Town Board that they grant the amended Conditional Use Permit, for two years, to build a 48' x 43' addition on the grounds it is a reasonable use of the property. Conditions are: 1) submit a site plan showing area to be paved and parking slots by December 1, 1997; and 2) the drive and parking area on the north side of the building be blacktopped by October 1, 1999. 9/07/04 Am -Tech Design, Hawkinson Business Park. Premises are reasonably well maintained. Recommendation: Send a letter suggesting clean up behind (south of) the facility. Planning Commission Recommendations: Violations: Action Taken: Remedy Deadline: Complaints: Effective 6/1/99 Chapter One :• Administration Some uses in zoning districts require a conditional use permit. Make Application for a Conditional Use Permit to the Zoning Administrator. SECTION 7. CONDITIONAL USES Certain uses, while generally not suitable in a particular zoning district, may under some circumstances be suitable if conditions are attached. When such circumstances exist, a conditional use permit may be granted. Conditions may be applied to issuance of the permit and a periodic review of the permit may be required. The permit shall be granted for a particular use and not for a particular person or firm. 7.1. Application (1) Whenever this Development Code requires a conditional use permit, an application therefore in writing shall be filed with the Zoning Administrator. (2) The application shall be accompanied by development plans of the proposed use showing such information as may be deemed necessary by the Zoning Administrator or by the Planning Commission. (A) The scale of maps submitted shall be at least 1-inch to 200-feet. Maps for sites less than fifty (50) acres shall be at least 1-inch to 100-feet. The number of maps and reports to be submitted shall be specified by the Planning Commission, but shall not exceed twenty-five (25). All maps shall be reduced and included in the applicable reports. One (1) transparent mylar copy of the final general development plans, should they be approved, shall be filed with the Planning Commission within sixty (60) days of such approval. (B) Certificate of Survey (C) Site plan drawn to scale showing the following information: Existing Conditions. Property lines and dimensions, building location and setbacks, dimensions of building, curb cuts, driveways, access roads, parking, off-street loading areas, septic system, and well. 2. Proposed Conditions. Property lines and dimensions, building location and setbacks, building dimensions, curb cuts, driveways, access roads, parking, off-street loading areas and any other proposed improvements New Scandia Township Development Code 41 Ciiahtcr One •3 Administration Effective 6/1/99 Applications for a Conditional Use Permit heard by the Planning Commission require a formal public hearing. The hearing date is set once the Zoning Administrator has received complete application. The Township has sixty (60) days to make a decision once the Zoning Administrator receives a complete application. This time frame can be extended an additional sixty (60) days if necessary to gather additional information. There are criteria that the Planning Commission must consider before recommending a Conditional Use Permit to the Town Board. (D) Landscape Plan with the following information: Existing vegetation, proposed plantings, plant schedule including information about the plant size, quantity, type and root condition and ground cover. (E) Grading and Drainage Plan (F) Soil Conditions (G) Building Floor Plan (H) Building Elevations (I) General Location Map (J) Principal land uses within 200 feet of the property. (K) Proof of ownership in the form of Abstract of Title, Certificate of Title, Attorney's Title Opinion, unrecorded documents where petitioner will acquire legal or equitable ownership. (L) Type of business or activity and proposed number of employees. (M) Sanitary sewer and water plan (areas without public sewer or water). 7.2. Notice and Hearing Procedure (1) Upon receipt of an application that contains all required information, the Zoning Administrator shall refer the matter to the Planning Commission and establish a time for hearing on the application. From the date the Zoning Administrator receives the application containing all required information, the Township has sixty (60) days to take action on the request or the request shall be deemed approved, provided, however, that the Zoning Administrator may extend this time line by providing written notice of the extension to the applicant before the end of the initial sixty (60) day period. This notification must state the reasons for the extension and its anticipated length, which may not exceed sixty (60) days. The deadline may also be extended as indicated in Minnesota Statute 15.99 Subd. 3. (2) Notice of the time, place and purpose of all public hearings shall be given by publication in the Township's Official Newspaper at least 10 days before the hearing. The notice shall state the purpose, time and place of the public hearing. (3) Written notice shall also be given to the affected Board of 42 New Scandia Township Development Code Effective 6/1/99 Chapter One ❖ Administration The Planning Commission uses criteria to evaluate the request for a conditional use permit. Town Supervisors and the Municipal Council of any municipality within two (2) miles of the affected property. (4) Notice shall also be mailed to each of the owners of all property located within one -quarter ('/a) mile of the affected property or to the ten (10) properties nearest to the affected property whichever would provide notice to the greatest number of owners. (5) Where required, no less than twenty (20) days prior to the public hearing, the Zoning Administrator shall send notice and copies of the applicants' information to the Minnesota Department of Natural Resources for review and comment. (6) Defects in the notice shall not invalidate the proceedings provided a bona fide attempt to comply with the provisions of this Section has been made. A copy of the notice and a list of property owners and addresses to which the notice was sent shall be made a part of the record. 7.3. Criteria for Granting Conditional Use Permit (1) The Planning Commission may recommend to the Town Board a conditional use permit in any district, provided the proposed use is listed as a conditional use for the district and upon a showing that the standards and criteria stated in this Development Code will be satisfied and that the use is in harmony with the general purposes and intent of this Development Code and the Comprehensive Plan. In determining whether the proposed use is in harmony with the general purpose and intent of this Development Code and the Comprehensive Plan, the Planning Commission shall consider: (A) The impact of the proposed use on the health, safety and general welfare of the occupants of the surrounding lands. (B) Existing and anticipated traffic conditions, including parking facilities on adjacent streets and lands. (C) The effect of the proposed use on utility and school capacities. (D) The effect of the proposed use on property values and scenic views in the surrounding area. (E) The effect of the proposed use on the Comprehensive Plan. (F) The ability of the proposed use to meet the standards of the Development Code. New Scandia Township Development Code 43 Chapter One ❖ Administration Effective 6/1/99 The Planning Commission can impose conditions when it grants a conditional use permit. Costs of monitoring compliance with the permit can be imposed by the Planning Commission. (G) The results of a market feasibility study, if requested by the Zoning Administrator, when the purpose for which the conditional use is being requested relies on a business market for its success. (H) The effects of the proposed use on groundwater, surface water and air quality. (I) That the proposed use is allowed with a conditional use permit in the designated zoning district in which it is proposed. (2) In connection with the issuance of Conditional Use Permits to nonconforming situations, the Planning Commission may require nonconformities to conform to the regulations contained in the zoning regulations and may impose such additional restrictions or conditions as it deems necessary to protect the public interest. When appropriate, restrictive covenants may be entered into regarding such matters. (3) The Planning Commission may impose and the applicant shall pay costs incurred by the Zoning Administrator for monitoring compliance with the conditions of the Conditional Use Permit. 7.4. Referral to Town Board Upon receipt of the Planning Commission report and recommendation, or within 60 days of the opening of the public hearing by the Planning Commission, the Zoning Administrator shall place the request and any revert and recommendation on the agenda of the next regularly scheduled meeting of the Town Board. v Upon receiving the request and any report and recommendations of the Planning Commission and Staff, the Town Board shall make a recorded finding of fact. (1) Approval of CUP request requires passage by a simple majority vote of the Town Board. (2) The Town Board may impose additional conditions as it considers necessary to protect the public health, safety and welfare. 7.5. Compliance The use shall conform with the applicable sections of this Development Code. 7.6. Length of Conditional Use Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity to the terms of such 44 New Scandia Township Development Code Effective 6/1/99 Chapter One ❖ Administration permit and of any conditions designated in connection therewith. Conditional Use Permits shall remain in effect for so long as the conditions agreed upon are observed, provided that nothing in this section shall prevent the Town Board or the Planning Commission from acting or amending Official Controls to change the status of conditional uses. 7.7. Expiration of Conditional Use Permit A conditional use permit shall expire and be considered null and void one (1) year after it has been issued if no constriction has begun or if use has not been established or, once having been established, has not been actively maintained for more than one year. Violations of conditions imposed by 7.8. Revocation the Planning Commission can cause the conditional use permit to be A violation of any condition set forth in a conditional use permit revoked. shall be a violation of this Development Code. If within thirty (30) days of written notice from the Zoning Administrator the violation has not been corrected, the Township may pursue the following procedure to terminate the permit. (1) Written notice of revocation shall be served upon the permittee at least ten (10) Township working days prior to the CUP being revoked. (2) Notice to the permittee shall be served personally or by registered or certified mail at the address designated in the permit application. Such written notice of revocation shall contain the effective date of the revocation, the nature of the violation or violations constituting the basis of the revocation, the facts which support the conclusions that a violation or violations have occurred and a statement that if the permittee desires to appeal, he must, within ten (10) working days, exclusive of the day of service, file a request for a hearing. (3) The hearing request shall be in writing, stating the grounds for appeal and served personally or by registered or certified mail on the Town Clerk at the Town Hall by midnight of the tenth Township working day following service. (4) Following the receipt of a request for hearing, the Town Board shall set a time and place for the hearing. Records of Conditional Uses are 7.9. Records of Conditional Uses maintained by the Zoning Administrator and filed with the (1) A certified copy of any conditional use shall be filed with the County Recorder. County Recorder or Registrar of Titles. (2) The Zoning Administrator shall maintain a record of all conditional use permits issued including information on the use, location, conditions imposed by the Planning Commission, time limits, review dates and such other New Scandia Township Development Code 45 One ❖ Administration Effective 6/l/99 information as may be appropriate. (3) A copy of the filed permit, bearing a notation of the filing date shall be mailed to the applicant. 7.10. Amended Conditional Use Permits Amended conditional use permits shall be requests for changes in conditions of the existing permit. An amended conditional use permit application shall be administered in a manner similar to that required for a new conditional use permit. 7.11. Reapplication No application for a conditional use permit for a particular use on a particular parcel of land shall be resubmitted for a period of twelve (12) months from the date of the denial of the previous application. 7.12. Phased Developments In order to preserve an appropriate flexibility in the development plans for a large project that is to be developed over a number of years, a preliminary plan may be approved after a public hearing. The developer would then seek approval of the final plan in stages as he progresses with development. No additional public hearings need be held unless the developer proposes to make a substantial change from the plans or conditions included in the conditional use permit when it was granted approving the..preliminary plan. Enlargement, intensification of use or similar changes not specifically permitted by the conditional use permit issued, shall be considered substantial changes. 7.13. Existin,- Uses. All uses existing at the time of adoption of this Development Code that now require a conditional use permit may continue in the same manner of operation as the use did upon the effective date of this Development Code. Any enlargement, structural alteration or intensification of use shall require a conditional use permit as provided for above. The Planning Commission may impose additional, reasonable conditions for the continuation of such use in accordance with the hearing provisions as set forth in Section 7.2. SECTION 8. INTERIM USES The purpose and intent of allowing interim uses is (1) to allow a use for a limited period of time that reasonably utilizes the property where it is not reasonable to utilize it in the manner provided in the Comprehensive Plan; and (2) to allow a use that is presently acceptable but that, with anticipated development, will not be acceptable in the future. 46 New Scandia Township Development Code New Scandia Township Memo To: Planning Commission & Town Board Members From: Anne Hurlburt, Administrator Date: 10/30/2006 Re: Draft Resolutions for Planning and Zoning Approvals Starting with the November 14, 2006 meeting, a draft of the findings and conditions in the form of a resolution will be provided as part of your packets. State law (Section 462.36) requires certified copies of resolutions for variances, subdivisions and conditional use permits to be filed with the county recorder. As a township, Washington County took the final action, so we have not been recording our approvals. That will change with the incorporation. There are several items on the November 14 agenda which may not go through the County approval process by the end of 2006. Because the Township's decisions may be final, it seems like a good time to begin documenting actions in a convenient format for recording. Staff and/ or the planning consultants will provide a draft resolution as part of their reports. At the meeting, the Planning Commission can work from the draft resolution to add or amend findings or conditions as necessary to reflect your recommendations. The motion could be simply to recommend that the Board adopt the resolution as drafted, with appropriate amendments. The Board then would work from the draft resolution as amended to take their action. If the amendments become too complicated or confusing, it may be necessary to bring the final version back to the Board for action at a later date. Those times will probably be rare. Please let me know if you have any questions. 0 Page 1 Meeting Date: Agenda Item: 11/14/2006 Planning Commission Agenda Report Town of New Scandia 14727 209' St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Consider rescheduling the January 2, 2007 Planning Commission Meeting to January 16 or January 23, 2007. Deadline/ Timeline: Staff is already receiving inquiries about upcoming meeting dates and deadlines for scheduling hearings. Background: • The newly elected Scandia City Council will hold their first meeting on January 2, 2007. Certain organizational tasks must be completed, including determining their meeting schedule and whether they want to continuing holding concurrent Council and Planning Commission meetings. • While the meeting schedule may not change, it would be desirable for the Council to have at least one meeting prior to a scheduled Planning Commission meeting. • Postponing the January Commission meeting to the third Tuesday of the month (January 16) would allow time for the new Council to meet at least once prior to the meeting, but not before hearing notices would need to be submitted to the newspaper. • Postponing the January Commission meeting to the fourth Tuesday of the month (January 23) would allow time for the Council to meet at least once before we must publish notices for any hearings, allowing more flexibility for setting meeting dates. Recommendation: I recommend that the Commission choose either January 16 or January 23, 2007 for the first Planning Commission meeting of the new year. Attachments/ None Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (January meeting date) Page 1 of 1 11/02/06