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04.a Draft minutes 08-06-2024 Planning Commission August 6, 2024 The Scandia Planning Commission held their regular monthly meeting on the above date. The meeting was conducted in-person and virtually over an electronic platform. All participants who joined the meeting remotely could hear each other and contribute to discussions. Chair Travis Loeffler called the meeting to order at 7:00 p.m. The following were in attendance: Commissioners Laszlo Fodor, Jan Hogle, Kirsten Libby, Perry Rynders, and Travis Loeffler. Staff present: City Planner TJ Hofer, City Administrator Kyle Morell, and City Clerk Brenda Eklund. City Council member liaison Steve Kronmiller was also present. PUBLIC FORUM There were no public comments. APPROVAL OF AGENDA, MINUTES Chair Loeffler added a discussion under General Business for the Planning Commission meeting date which coincides with National Night Out. Libby, seconded by Hogle, moved to approve the agenda as amended. The motion carried unanimously. Hogle, seconded by Libby, moved to approve the July 2, 2024 minutes as presented. The motion carried unanimously. PUBLIC HEARING (CONTINUED FROM MAY 7, JUNE 4, AND JULY 2, 2024): ZONING MAP AMENDMENT TO REZONE 13952 205TH STREET NORTH FROM RURAL RESIDENTIAL GENERAL TO VILLAGE NEIGHBORHOOD, A SITE PLAN REVIEW FOR A MAJOR PROJECT, A PRELIMINARY PLAT, AND A WETLAND REVIEW TO DEVELOP THE PROPERTY AS LAUREL RIDGE DEVELOPMENT. APPLICANT DWAYNE SIKICH, CONTINUUM DEVELOPMENT GROUP, ON BEHALF OF PROPERTY OWNER MITCHELL JOHNSON The applicant is requesting approval for a zoning map amendment (rezoning), site plan review for a major project, preliminary plat, and wetland review to subdivide a single 39.47-acre parcel for single-family residential development to be known as Laurel Ridge. The proposed subdivision would create eight lots for development, ranging from 4.38 to 4.49 acres in size. Access to the lots would be via new individual driveways along 205th Street North. The Planning Commission held public hearings at their meetings on May 7, June 4, and July 2 2024, and moved to continue the hearing to August 6th to allow staff time to review an updated submittal from the developer. Information was provided on June 28th and July 2nd regarding stormwater management. The applicant submitted a waiver of their rights under Minnesota Statutes §15.99, extending the review deadline of the project until September 15, 2024. Planner Hofer provided a background of the application, and explained that density is being applied under the 2040 Comp Plan for this property that is guided Village Neighborhood in the future land use map at 1 dwelling unit per 2.5 acres. The land is currently zoned Rural Scandia Planning Commission August 6, 2024 Page 2 of 6 Residential General which allows density of 4 dwelling units per 40 acres. Hofer said there are no conflicts with the request to rezone to VN as a lot to the northeast is currently zoned VN so that there is no spot zoning here, and the request meets the intent of the Comp Plan. Hofer said the preliminary plat also shows that the lots meet the lot standards of the development code for VN. The applicant proposes eight separate basins on the site for stormwater management using natural low areas and the existing wetland. Hofer explained the City Engineer’s initial concerns regarding compliance with MPCA permitting, but a statement from the MPCA that the stormwater plan is consistent with the spirit of the rules has settled most of the concerns as noted in the Engineer’s memo. However, maintenance of and access to the basins must be addressed before a final plat can be approved. Planner Hofer noted the concerns previously identified during the public hearings regarding safety along 205th Street and whether a traffic study is needed. Hofer said that the Unified Development Code establishes criteria that one is needed for residential development at 50 dwelling units or greater. The City Attorney and City Engineer have reasoned that a traffic study is not needed for this proposal. Planner Hofer addressed the public comments about safety concerns that 205th Street is identified in the Parks Plan as a trail, and provided the description from the Comp Plan that the identified trails are “on-road trails” for bicyclists and pedestrians. Due to this, no expansion of the roadway or shoulder is expected in order for the trail to operate as expected. Planner Hofer explained the section of the UDC which lists findings for which the city could deny a preliminary plat. Language in paragraph 4 describes that the “design of the subdivision will be detrimental to the health, safety, or general welfare of the public” as a finding to deny; however staff has not found that the concerns which have been raised have a factual basis nor objective facts for denial of the proposal. To add conditions for improvements to the road would need to be reasonably related to the effects of the subdivision. Planner Hofer provided League of MN Cities guidance on subdivisions, noting that the city is required to act in a quasi-judicial manner, in that the city must follow the standards and requirements of the ordinance it has adopted. If an application meets the requirements, generally if must be granted. If an application is denied, the reasons must all relate to the applicant’s failure to meet standards established in the ordinance. Planner Hofer concluded that staff finds the application generally consistent with the Comprehensive Plan and the UDC standards, with conditions for approval of rezoning, site plan, preliminary plat and wetland review. Hofer noted that the decision ultimately falls to the City Council with the Planning Commission making a recommendation. Conditions of approval include payment of park fees, compliance with the City Engineer’s memo, an executed developer’s agreement, approved septic and well permits, financial guarantees for landscaping, and other conditions related to development of the property. Hofer stated that the final plat will go directly to the City Council, so this the Commission’s chance to identify any concerns. Scandia Planning Commission August 6, 2024 Page 3 of 6 Chair Loeffler announced that the public hearing is still open and called for any comments. Loeffler noted two written letters of opposition were submitted and included in the meeting packet. There were no public comments. Rynders, seconded by Fodor, moved to close the public hearing. Motion carried unanimously. Commissioner Rynders asked about turn lanes on 205th Street for the driveways. Planner Hofer said there will not be turn lanes but driveway aprons which will be extended as shown on Sheet C3.01. Hofer said the city will require an escrow for driveways to be installed as shown on the preliminary plat. Commissioner Rynders asked about streetlights. Planner Hofer said the language of condition #4 in the resolution addresses this, stating no streetlights are required based on 153.400.020 Subd. 3(g)VI of the development code; the UDC requires streetlights within the VN zoning but an exemption is allowed when approved by the City Engineer. Rynders recommended the language in condition #4 be amended to prohibit streetlights to make this clearer. Commissioner Rynders asked about the stormwater assessment: once the ponds are in place, will it be the city’s obligation to manage these? Administrator Morell said yes, four of the ponds that are within the right-of-way will be city owned. Rynders recommended there be some form of escrow from the developer for annual maintenance. Morell said this can be in a discussion of the final plat and developer’s agreement. Commissioner Libby questioned the Watershed’s comments on the proposal, saying the email in the staff report has nothing definitive, is based on assumptions and seems not complete. Planner Hofer explained that the email was from April but just today he received an update with comments to the developer that the Watershed has conditionally issued approval with minor items to complete. Hofer said the City and Watershed are working in tandem on the issues being addressed; the developer must meet the Watershed requirements, but these are not pertinent to the city’s application. Commissioner Rynders said that based on what he’s read and his general assessment, he supports this proposal. The identified bike trail also goes along county roads, and traffic concerns may be exceeded on these roads. Rynders said he appreciate these concerns from the neighbors, but the ordinance does allow the subdivision as long as the rules are followed. Rynders added that the developer’s agreement should consider stormwater management expenses be the responsibility of the developer. Commissioner Libby stated that county roads have shoulders, and she is not convinced that safety is not an issue on this road. Libby said that at the last meeting it was put on the neighbors to gather traffic data, noting one of the comments in the written letter received for this meeting is to allow them time to hire a traffic engineer. Libby said this should be a concern of the Commission; we need to pay attention to this. Libby said density is an issue; she would like to Scandia Planning Commission August 6, 2024 Page 4 of 6 have council input on the density discussion and approving this is premature. Libby said with the safety and stormwater issues, she has concerns. Libby noted that the application has been extended because the information asked for was not submitted by the developer in a timely manner. Commissioner Rynders said eight homes over 40 acres is not too dense; there could ultimately be even greater density. Rynders said this is a reasonable use to the land based on the city’s current UDC and Comp Plan. Commissioner Libby noted the conflict with the UDC and Comp Plan regarding density. Planner Hofer explained that the property is guided by the Comp Plan as Village Neighborhood, and the city is essentially required to adopt what the Met Council tells us. Hofer said density is decided when making the rules, not afterwards. Commissioner Hogle said safety of rural roads is an issue across the city. If the neighborhood is upset that you might lose rural character due to the traffic, most roads across the city are not improved for a level of safety for bicyclists and pedestrians. Hogle said the city cannot ask the developer to improve the road here; that should be the city’s responsibility, but all roads are rural in Scandia. Chair Loeffler said he’s driven some of these trails in the past month, and all are relatively dangerous to some extent. Loeffler noted that there is an opportunity to build on 2.5 acre lots with rezoning to VN, and initially this proposal had 13 lots, but the developer compromised to eight lots. This proposed density is not only allowable, but preferable compared to a higher density. Loeffler said the surrounding property is similarly developed just directly adjacent to this property, and the number of driveways is not unreasonable. Loeffler stated that all trails are a risk throughout the city, not just 205th Street. Regarding comments about density, Loeffler explained that there has been a long, concerted effort to address density in public meetings; that was the time for the public to provide input, not after. Loeffler concluded saying if the city recommends denial, the developer could file a lawsuit because they are allowed this; nothing shows this would be more unsafe than any other road. Commissioner Libby stated that if approved, the residents of 205th Street could file a lawsuit against the city. Commissioner Hogle said this is why we have criteria to follow. The Commission does follow criteria, the Planner carefully provides research, and they come to the most reasonable outcome to deny or not. Hogle said she hasn’t seen any findings that this development is a safety risk. Hogle said the neighbors in opposition can do an informal study, but she hasn’t seen this personally as evidence. Chair Loeffler said this is another valid point; if this is an unsafe road, where have these complaints been to the city ever? Loeffler clarified that at the last meeting he recommended a professional study be done by the neighbors for validity over an informal study. Scandia Planning Commission August 6, 2024 Page 5 of 6 Commissioner Libby said this is because we are talking about more traffic once the homes are built. Libby said the road should grow with more homes, with shoulders and safety mechanisms when given the opportunity to do this. Commissioner Fodor said he hasn’t heard anything new that wasn’t said before, and appreciated the reminder from the planner about using the criteria to vote on a recommendation. Rynders, seconded by Fodor, moved to recommend approval of the zoning map amendment, findings of fact for the rezone, and approval of the preliminary plat for Laurel Ridge with staff conditions and with additional comments on stormwater assessment, streetlight language, and to require driveway aprons as proposed. Roll call vote: Fodor – yes; Hogle – yes; Libby – no; Rynders – yes; Loeffler - yes. Motion carried 4-1. Commissioner Libby stated that she voted no because the application does not meet criteria #4 and #6 from the UDC. The recommendation will be presented to the City Council at their meeting on August 20, 2024. GENERAL BUSINESS UPDATE ON HILL VARIANCE – TABLED ON JULY 2, 2024 The Planning Commission held a public hearing at their meeting on July 2, 2024 for an After- the-Fact Variance from the ordinary high-water level setback of a recreational lake for an accessory structure and impervious surface (fire pit) for applicants Timoth and Amy Hill, 19200 Meadowridge Lane Circle North. The Commission tabled the application so that input from the Carnelian-Marine Watershed District could be reviewed. Planner Hofer explained that the applicants requested their application be continued to the September 3, 2024 Planning Commission meeting as they are working with a surveyor and the Watershed to address some of the issues at the site. Hofer said he anticipates the application being placed on the September 3rd agenda. ADDITION – AUGUST MEETING DATE Chair Loeffler noted that every August meeting of the Planning Commission coincides with National Night Out, and asked if the meeting can be scheduled for an alternate meeting date so that members can get involved with our community. Administrator Morell said he will look at the bylaws, check on some options, and report back at a future meeting. CITY COUNCIL UPDATES Council member Kronmiller reported he has suggested to the City Council that there be a common understanding of what the Comp Plan has for a trail system. What is our plan; where are the trails; what kind of roads are they? Kronmiller said he would like to have the Planning Commission, the Parks and Rec Committee, and the Council get more familiar with the trail system, and how to make them safe in a rural environment. Kronmiller said between the three groups, let’s figure this out. FUTURE ITEMS: Next meeting – September 3, 2024 The Hill variance will be brought back for additional review. Scandia Planning Commission August 6, 2024 Page 6 of 6 ADJOURNMENT Rynders, seconded by Libby, moved to adjourn the meeting. Motion carried unanimously. The meeting adjourned at 8:00 p.m. Respectfully submitted, Brenda Eklund, City Clerk