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
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August 6, 2024
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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.
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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
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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.
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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.
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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