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08.b Draft minutes 11-12-2024 Planning Commission November 12, 2024 The Scandia Planning Commission held their regular monthly meeting on the above date. The meeting was conducted in-person and virtually over an electronic platform. All participants who joined the meeting remotely could hear each other and contribute to discussions. Chair Travis Loeffler called the meeting to order at 7:01 p.m. The following were in attendance: Commissioners Laszlo Fodor, Jan Hogle, Kirsten Libby, Perry Rynders and Chair 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 Hogle, seconded by Fodor, moved to approve the agenda as presented. The motion carried unanimously. Hogle, seconded by Libby, moved to approve the October 1, 2024 minutes as presented. The motion carried unanimously. PUBLIC HEARING: AMENDMENT TO THE CITY OF SCANDIA UNIFIED DEVELOPMENT CODE (UDC) CHAPTER 155, SHORELAND MANAGEMENT REGULATIONS, 7.0 PERFORMANCE STANDARDS FOR PUBLIC AND PRIVATE FACILITIES TO ALLOW FOR WATER ORIENTED ACCESSORY STRUCTURES AND FACILITIES IN THE SHORELAND DISTRICT Planner Hofer explained a proposed ordinance to amend the city’s shoreland regulations to allow water-oriented structures and facilities within the setback of the Ordinary High-Water Level, as well as addressing a number of violations of these types of structures that are illegally existing. Hofer described the city’s shoreland ordinance as being more restrictive than the DNR model ordinance, which does allow for certain structures within lake setbacks. Options for these water- oriented structures were taken out by Scandia when the shoreland regulations were adopted in 2018. At their meeting on September 17, 2024, the City Council indicated public input on this proposal will be needed, and directed the Planning Commission to gather input at the hearing being held this evening. Planner Hofer’s staff report provided an overview of DNR model language and standards for Water-Oriented Accessory Structures (WOAC). By definition, a small building which reasonably needs to be near water, such as watercraft equipment storage structures, gazebos, screen houses, patios, and detached decks. Performance standards listed size - no higher than 10 feet and cannot occupy an area greater than 250 square feet; and location – not in the bluff impact zone, at least 10 feet from the OHWL. Hofer noted that there are provisions to allow a roof as an open-air deck, and for larger buildings if certain metrics are met. Planner Hofer explained that staff wrote language for the proposed amendments to address what could be appropriate for Scandia, resulting in a stricter version than the DNR model ordinance. Scandia Planning Commission November 12, 2024 Page 2 of 7 Hofer said that based on public input, the Commission can consider if they want to propose an amendment and move forward on it. Hofer’s staff report offered feedback from the Carnelian- Marine Watershed District and public comments received up to November 8th. Written comments received after this date were added to the meeting packet. Planner Hofer reviewed the performance language and noted where changes could be made. The model ordinance does not require a permit to allow WOAC but staff advised that an administrative permit be mandated. As well, comments so far have been opposed to the 250 square feet maximum size as too large, and 10 feet from the OWHL as too close. Hofer said the Commission may consider lowering the size allowed and placement further from the water. Hofer provided four options for placement to consider, with a flat 50’ setback as potentially the most reasonable. Regarding screening, Planner Hofer advised that a landscaping plan be required for any permanent improvements to obscure the view of the structure from the lake. Section 7.37 of the model ordinance allows for open air decks on the roof of the structure. Planner Hofer said due to overwhelming negative comments about this standard, the amendment could prohibit roof-top and elevated decks. Planner Hofer described a chart in the staff report to calculate the 66%-dimensional lot size and width as addressed in the existing shoreland ordinance to allow for development of a property. Because most all lots around the recreational lakes are non-conforming, to meet the 66% requirement, a lot must be at least a ½ acre and 105 feet in width. Hofer said the city could choose to use this metric to allow for a WOAS on a property. Planner Hofer concluded with a recommendation to table the proposed amendment. Chair Loeffler announced that all written public comments have been read. Any new comments can be made in the public hearing. Loeffler noted that 13 written comments were received, all opposed to the proposed amendment. Rynders, second by Fodor, moved to open the public hearing. Motion carried 5-0. The hearing opened at 7:33 p.m. Tony Vavoulis, 196th Street, stated that he is the president of Big Marine Lake Association. Vavoulis said he is against this proposal. A view of the lake is highly valued on these properties. His lot being 50’ in width relies on a view that is across the neighbor’s property. The rule for all lake owners is that no one is allowed to build in the lake front yard; these are front yards as well as back yards. Doing this wouldn’t eliminate the enforcement issues and would open up Pandora’s box. Vavoulis said that he doesn’t understand why this is being proposed, as there is no motivation for it. Paula Johnson, Larkspur Avenue, asked why did this start, where did it come from. Scandia Planning Commission November 12, 2024 Page 3 of 7 Administrator Morell answered that the proposed amendments originated at staff level after reviewing numerous applications and requests from new residents asking for this type of structure. The model ordinance from the DNR allows for them, which led to a discussion of asking the City Council if they want to consider WOAC. The Council said it requires public consideration. Morell said this public hearing is the opportunity to gather public input if this type of structure is warranted. Planner Hofer added that generally, if a city is consistently granting variances, the ordinance should be changed and reconsider what the ordinance says. Chair Loeffler stated that the number of variances for nonconforming structures with decks and other structures is 50% of the Planning Commission’s work. Asking for variances for this type of structure is not uncommon. Jeff Dahlberg, Layton Avenue, asked how many variances per year per lake are requested. There may only be a small percentage who may want this, but the majority of property owners on the lakes do not want this. Dahlberg said he doesn’t understand the reason for it. Chair Loeffler said from my experience, this happens quite frequently – a patio, fire pit, chicken coop are examples. These exist around the lake. Jeff Holker, 196th Street, said the city needs to distinguish from new requests to after-the-fact requests which need to be rectified. How will violations of this ordinance be enforced? Holker said the County land use considers anything within 100’ as needing a variance. How will OHWL be determined? If there is no survey, it most likely will be wrong. Were any comments received from other Watersheds? Mike Isensee, Carnelian-Marine Watershed District Administrator, said his letter to the Planner pointed out shortcomings but also to think about other gaps that might be present. Isensee said that the Watershed will be conducting another round of shoreland evaluations next year to assist with your decision making. Tom Langer, CMWD staff on Zoom, said the evaluation report will provide a summary of what the structures near the water are. Rich Burton, 182nd Street, said he has lived on the lake since 1959. In 1970 he sold the adjacent 100’ lot, and the owners put in a structure within the watermark that blocks his view. The ability to view the lake is critical. Burton said language needs to be in the ordinance that a structure cannot restrict the lake view for the neighbor. Tony Vavoulis said there may be a lot of asks for variances, but how many are given? Just asking is not a reason to do this. Just have no as the answer. Administrator Morell relayed the questions on the Zoom chat room – how is building height determined; is this limited to lakes or will it apply to rivers, creeks, wetlands? If so, the ordinance should consider how it would apply here or if it should be applied differently. Would the structures count towards the limit allowed for the lot size? Scandia Planning Commission November 12, 2024 Page 4 of 7 Josie Holker, 196th Street, asked who would approve these structures. Administrator Morell said the administrative permit requests would be reviewed by staff – either myself or the city planner. Holker asked what will be submitted, a survey, landscaping plan? Chair Loeffler said the Commission will discuss this. There were no other comments. Rynders, seconded by Libby, moved to close hearing at 8:02 p.m. Motion carried 5-0. The Planning Commission discussed the proposed amendments. Planner Hofer said if a property has an existing illegal structure, they have to remove them. This amendment would allow a path forward to result in a conforming outcome rather than be removed. Regarding a site plan, Planner Hofer said every request needs to show the OHWL on a certificate of survey. Regarding County setbacks, these are the same in Scandia; no structures allowed within 100’ of the OHWL on recreational lakes. The amendments would make an exception to this rule for small structures. Hofer stated that Comfort Lake-Forest Lake Watershed received the proposal, but offered no comments. A phone call was received from staff with Rice Creek Watershed, who would work with the City to coordinate rules so that they are lined up correctly. Commissioner Hogle said that she was contacted by three residents who do not like this and consider it a bad idea. Commissioner Rynders said he has heard nothing but opposition, with comments that this will decrease the quality of the lake. Rynders said he would only be open to WOAC if there is a big enough lot, but generally concerned about the quality of the lake. Commissioner Libby said she agreed with Planner Hofer, that if there are numerous requests for variances, it’s time to look at the rules. The lake lots have legal nonconformities, and it’s good to generate this discussion even with no clear impetus to do this. Chair Loeffler wondered how much of lake property is in nonconformity, and he is curious to know what the Watershed survey report will look like next year. Commissioner Fodor said he has the same as Rynders’s feelings about the issue as they both live on the same lake. Fodor said he wouldn’t want to see new structures 10’ from shoreline and their damage, but can understand both sides. Fodor said he could entertain an idea if peeling off the 10’ structure height and rather consider patios, decks and firepits. Chair Loeffler questioned how the City could control what is stored there over time, such as lawnmowers. If we can control the size to be smaller, with a larger setback than 10’ it’s something he could consider, but no to open air decks. Loeffler said he is not opposed to the whole idea, but to control standards for size and setbacks. Scandia Planning Commission November 12, 2024 Page 5 of 7 Commissioner Hogle said if 50’ back and rather a facility and not a structure, she could think about an amendment. Chair Loeffler concluded that this is not a cut and dried no, but rather better to table the idea, collect data from the Watershed, and form a committee or roundtable for discussion with lake owners. Administrator Morell agreed that the Commission should reevaluate after more comprehensive information from the Watershed is available. How do we deal with existing nonconformities or encroachments? We don’t know how many existing nonconformities or encroachments exist, but worth looking at next fall when the report is completed. Planner Hofer said there may be a version of this that would be acceptable by the community. Staff now has a better understanding of a goal – patios versus structures. Hofer noted that he has had inquiries by 5 different property owners in the past 3 weeks for this type of use. Loeffler, seconded by Rynders, moved to suspend discussion and revisit this post Watershed survey, to create a subcommittee to review the notes from the Watershed including applying this to wetlands, creeks, streams, and other bodies of water, in order to make a recommendation to the Planning Commission. Motion carried 5-0 by roll call vote. PUBLIC HEARING: AMENDMENT TO THE UNIFIED DEVELOPMENT CODE 153.300 TO ESTABLISH PERMITTED AND CONDITIONAL DISTRICTS FOR CANNABIS USES AND ESTABLISH USE SPECIFIC REGULATIONS FOR CANNABIS USES AND 153.600 TO ADD DEFINITIONS RELATED TO CANNABIS USES Planner Hofer presented background on rules from the state regarding legalizing recreational cannabis use done in 2023. New statutes require considerable changes to the city code. The City Council reviewed initial statute rules with City Attorney guidance, and last week approved Ordinance No. 2024-07 for licensing. Requiring a buffer from schools was removed from the ordinance. Planner Hofer noted that there are 14 different types of businesses to regulate. These types of licenses will be available from the Office of Cannabis Management. Hofer provided a table in the staff report to define the licenses by use. The OCM standards allow for buffers around schools, daycares and playgrounds, but the City Council did not see a need to adopt these buffers. Hofer explained that the City cannot limit non-retailers under the state law. Planner Hofer presented standards for cultivation, manufacturing, and sales, calling out requirements for indoor cultivation which can look as an industrial use. Hofer proposed language to mirror character area standards of the area, and have the buildings look agricultural in nature. Planner Hofer proposed standards for odor control and lighting. In addition to being subject to MPCA requirements for odor nuisances, staff included conditions that odor control systems be installed for manufacturing facilities which will need a plan to control odor. Scandia Planning Commission November 12, 2024 Page 6 of 7 Planner Hofer noted that lighting for indoor cultivation will be noticeable in the winter seasons, and provided standards for time that lighting is allowed. Hofer said this should be open for discussion; requiring curtains may be proposed. Rynders, seconded by Libby, moved to open the public hearing. Motion carried 5-0. The public hearing opened at 9:02 p.m. There were no comments. Rynders, seconded by Libby, moved to close the public hearing. Motion carried 5-0. Commissioner Hogle said that hours for limiting light pollution will not be amenable to the growers; you cannot tell an ag business how to grow their crops. Hogle said the ordinance should allow for exceptions from the time limits. Chair Loeffler said that just like everything with lights, people don’t want to see it and they shouldn’t shine upwards to the sky. Loeffler said the language should be made consistent with city policy, including for odor. Commissioner Hogle said the language should get more specific with odor control. Planner Hofer explained that entirely transparent buildings for indoor cultivation are assumed, but the UDC has no requirements for indoor lighting. Commissioner Libby questioned the character standards – does the building have to look like a barn? Commissioner Hogle said she is not a fan of the architectural guidelines in place and also questioned if they should be required for this use. Libby said there should be consideration on where the structure will be. Planner Hofer reminded the Commission about the screening and setbacks for solar arrays; the impression that they are industrial looking and should be screened. Hofer advised that the Commission should consider how an industrial building would look in the middle of a field. Planner Hofer recommended continued discussion on lighting, odor, and character standards for the next meeting. Loeffler, seconded by Libby, moved to table cannabis ordinance discussion to the next meeting with a request for staff to bring back lighting consistent with the current ordinance, with odor control consistent with agricultural uses, and aesthetics consistent with the city’s architectural guideline plan. Motion carried 5-0 by roll call vote. GENERAL BUSINESS Staff had no reports of general business. CITY COUNCIL UPDATES There were no City Council updates. Scandia Planning Commission November 12, 2024 Page 7 of 7 FUTURE ITEMS: Next meeting – December 3, 2024 There will be a concept plan for a house on 182nd Street, and a housekeeping ordinance amendment to the Unified Development Code to address inconsistencies in the Comprehensive Plan. Paul Bruggeman’s variance request, tabled in October, will be back at the December meeting. ADJOURNMENT Rynders, seconded by Hogle, moved to adjourn the meeting. Motion carried unanimously. The meeting adjourned at 9:40 p.m. Respectfully submitted, Brenda Eklund, City Clerk