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08.b Draft minutes 12-03-2024 Planning Commission December 3, 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 7:03 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 Rynders, moved to approve the agenda as presented. The motion carried unanimously. Hogle, seconded by Rynders, moved to approve the November 12, 2024 minutes as presented. The motion carried unanimously. CONTINUED FROM OCTOBER 1, 2024: VARIANCE FOR ENCROACHMENT OF IMPERVIOUS SURFACE (DRIVEWAY) WITHIN THE SETBACK FROM THE ORDINARY HIGH-WATER LEVEL OF A RECREATIONAL DEVELOPMENT LAKE AT 19489 MANNING TRAIL NORTH. APPLICANT PAUL BRUGGEMAN Paul Bruggeman has applied for an after the fact variance for impervious surface (a driveway) within the 100-foot setback from the ordinary high-water level (OHWL) of Big Marine Lake and from the setback for a wetland at 19489 Manning Trail North. The gravel driveway to an existing ADU was constructed without approval. The public hearing was held by the Planning Commission at their meeting on October 1st and tabled at the request of the applicant regarding his concerns for some of the conditions of approval. Planner Hofer explained that conditions have been amended to separate conditions recommended by City staff from those conditions recommended by the Carnelian-Marine-St. Croix Watershed District. Planner Hofer reported on staff analysis and summarized conditions to restore disturbed areas outside the original survey but within the bluff impact zone, to be consistent with the standards of Section 8.23 of the Shoreland Ordinance. The Watershed comments for conditions to be met are not consistent with the standards of the city’s ordinance, including restoration within the bluff setback to fully screen the boulder wall. Planner Hofer said that staff has drafted alternatives for the original conditions proposed in October; one being Condition #4, that a tree survey could be eliminated because this was not required at the time the variance was applied for. Hofer stated that there is no reasonable condition the city could impose here. Original conditions #5 and #6 were also amended with alternate conditions from Planner Hofer. Scandia Planning Commission December 3, 2024 Page 2 of 8 Based on the shoreland ordinance in effect at the time of the variance application, all intensive vegetation clearing should be restored under Section 8.23 which allows for a 50’ view corridor and to screen structures (including the boulder wall and shed) by at least 50% as viewed from the water. Planner Hofer concluded with a recommendation of approval with conditions as described in the staff report, noting the alternatives should be discussed by the Commission. John Dobbs, Roseville, stated that Mr. Bruggeman was unable to attend this evening, but he has worked with Paul Bruggeman for many decades and can assist with any questions. Mr. Dobbs stated that Mr. Bruggeman wants it known that he is not willing to prepare a tree survey, as this seems excessive and costly; there was some tree removal done on the property prior to his ownership. Commissioner Libby said the staff’s revised language for conditions is more reasonable. Commissioner Hogle agreed that a tree survey seems excessive. Chair Loeffler asked for clarification of amending original conditions #5 and #6. Planner Hofer explained that the standards in the ordinance requires some screening for the shed and boulder wall, whereas the original conditions referenced screening the structures in its entirety. If the revised language in the condition for a view corridor of 50’ is adopted, staff will document that this is done administratively. Hofer noted that the Watershed requirements for a view corridor do not align with the city’s ordinance. Regarding removal of a shed as noted by Watershed comments, Planner Hofer said that staff is working with the applicant on the shed within the OHWL which was initially to be removed with the variance approved in 2021. The applicant wishes to keep this shed, and there are complications due to it being placed on a shared property line. Hofer said that Bruggeman is trying to work on an agreement with the neighbor, and is expecting something to address the shed will come forward in the future. Hofer said staff is monitoring the shed situation, and the condition to remove it still stands within the original 2021 resolution in any case. Planner Hofer said the four conditions from the Watershed could be removed, as the shed removal is being tracked by staff and the others are somewhat conflicting with the city’s ordinance. Commissioner Fodor said the Watershed requirements are more restrictive. If removal of the shed is being monitored and mitigated, it shouldn’t be added to the list of conditions. Chair Loeffler asked for a timeline of the events for this variance. Planner Hoer provided a history of the property, noting the October staff report detailed a history of vegetative clearing as provided by the Watershed. Initially a variance was approved in 2021 for a single-family home on a nonconforming lot and to allow for an existing cabin that encroached into setbacks to be permitted as an ADU. Construction began in 2022. During grading activity, an existing path to the ADU was removed. As noticed by staff on a site visit in 2023, the path was re-established with gravel. This is why the applicant is requesting an after-the-fact variance. Early in 2024, the Scandia Planning Commission December 3, 2024 Page 3 of 8 city’s shoreland ordinance was updated. A legal review concluded that this be treated as a new variance with the new shoreland requirements to allow a view corridor. Hofer stated that the clearing happened between 2022 and 2023. Because the path being requested as a variance serves an approved ADU, staff recommends allowing it because access to the structure is necessary. Hofer said conditions of approval include reasonable conditions to bring the site into conformity. Mr. Dobbs addressed the Commission stating that historical aerial views show the path has been there for a long time to access the cabin. Chair Loeffler said yes, it’s agreed that the driveway is important but we are more concerned about replacing trees and establishing the view corridor. The Commissioners reviewed the staff’s recommended conditions of approval. Planner Hofer said a tree survey after the fact is almost impossible; what’s on the site now if more relevant. A tree survey could be considered unreasonable as a condition. Commissioners Libby and Fodor said they are in favor of striking this condition. Condition #5, to restore vegetation to screen the entire boulder wall and shed, was stricken. All Commissioners were in agreement to the revised language for Condition #6, to restore areas outside the view corridor. Chair Loeffler asked what is appropriate vegetation? Planner Hofer said there are reference standards for restoration in the shoreland ordinance section. Commissioners agreed the language in the condition should specifically reference the section. Rynders, seconded by Libby, moved to approve the variance request as recommended by staff’s conditions and by the Commission. Motion carried 5-0 by roll call vote. The recommendation of approval will be presented to the City Council at their meeting on December 17, 2024. CONTINUED FROM NOVEMBER 12, 2024: 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 A public hearing was held on November 12, 2024 for amendments to the Unified Development Code for cannabis uses in the city. Planner Hofer presented updated language to the draft ordinance for cannabis zoning standards based on the Commissioner’s recommendations from the November 12th meeting to address lighting, odor, and aesthetics. Direction was given to amend language so that lighting standards for cannabis uses were the same as other uses within the city. Planner Hofer explained that the draft ordinance being reviewed has the lighting standards removed from each use and consolidated under the section for Cannabis Businesses and Hemp Businesses, which references the Lighting standards and applicable Character Area Standards in the UDC Scandia Planning Commission December 3, 2024 Page 4 of 8 In the same manner, odor standards were removed from each use and consolidated. Planner Hofer noted that the city has no standards that regulate odor for agricultural uses. The draft language now references the Office of Cannabis Management (OCM) and the MN Pollution Control Agency regulations. Planner Hofer explained that standards for aesthetic controls are guided by Character Area Standards in the UDC and the Architectural Design Guidelines, now referenced in the draft ordinance. Hofer said the language is intended to ensure new buildings are consistent with the character of Scandia and that industrial-looking buildings are not located within rural areas. Commissioner Hogle asked what industrial-looking means, as it seems arbitrary and capricious. Administrator Morell said the Architectural Design Guidelines directs what the building should look like. Planner Hofer added that the document gives a list of exterior materials that can be used. Commissioner Hogle asked if there are regulations for cultivation of industrial hemp. Commissioner Libby said this is done at the state level. Planner Hofer concluded that staff is recommending the ordinance amendments move forward to the City Council for approval. Commissioner Hogle questioned Section 2, (D)4; outdoor storage of containers is prohibited. Where else in agriculture districts is this prohibited, saying pallets are being stored outdoors at a commercial business for years. What is the public interest here? Planner Hofer said the intent is to ensure sites are kept clean and free of refuse and accumulation of debris. The containers may have residual cannabis materials on them, a restricted substance with standards for its regulation. The State office requires contained storage of the materials. Commissioner Hogle asked if they can be screened instead. Hofer said the language can be changed to “outdoor storage must be screened” but ultimately the OCM would regulate the site. Chair Loeffler said this standard should be consistent across the city, and recommended the standard reference compliance with the OCM standard and items must be screened from view from the public right-of-way and adjacent properties. Rynders, seconded by Hogle, moved to approve the draft ordinance for amendments to the UDC regarding cannabis zoning standards, as amended with Section 2, (D)4. Motion carried 5-0 by roll call vote. The recommendation of approval will be presented to the City Council at their meeting on December 17, 2024. PUBLIC HEARING: AMENDMENT TO THE CITY OF SCANDIA UNIFIED DEVELOPMENT CODE (UDC) CHAPTER 153.200, TABLE 153.200.030-1, TABLE Scandia Planning Commission December 3, 2024 Page 5 of 8 153.200.030-10, TABLE 153.200.030-12, AND TABLE 153.200.030-14 REGARDING DENSITY IN THE VILLAGE DISTRICTS. Planner Hofer presented a draft ordinance to resolve conflict with density in the 2040 Comprehensive Plan not reflected in the UDC. Hofer noted that this topic has been discussed at multiple meetings, most recently by the City Council on November 19th at which direction was given to hold a public hearing on the recommended amendments to the UDC. An amendment to the Comp Plan as recommended by the Council on May 21, 2024 was determined to be incomplete by the Met Council, and not compatible with the Thrive 2040 statements. Planner Hofer explained the changes to UDC Sections 1 and 2 for maximum density in the Village Districts to be set at 1 dwelling unit per 2.5 acres. Tables have been amended to reflect the changes and subscripts removed. Hofer concluded that staff is recommending approval for the UDC amendments as presented. Rynders, seconded by Hogle, moved to open the public hearing at 8:04 p.m. Motion carried 5-0. There were no speakers. Hogle, seconded by Fodor, moved to close the public hearing. Motion carried 5-0. Commissioner Libby reflected on the Met Council’s direction to not allow flexibility for the city, saying it’s not a good process. Libby asked if there is a process to work with the Met Council to understand the needs of the city? Planner Hofer said the Met Council acknowledges that Comp Plans can change as needed by the city, but reducing density in the manner first recommended conflicted with compatibility to the community designation. Hofer said if rural center designation were removed, it might be a different conversation with the Met Council. But changing the Comp Plan as presented in the first request didn’t reflect the change the city was looking for. Staff presented the current zoning map and future land use map for the Commission to view the areas to be affected by the amendment. Chair Loeffler stated his support of the amendments to the UDC, saying this results in 16 units per 40 acres but only applies to the center area of town. The changes may not allow for growth outside of this. Rynders, seconded by Hogle, moved to approve the ordinance amendments as recommended. Motion carried 5-0 by roll call vote. The recommendation of approval for the ordinance amendments will be presented to the City Council at their meeting on December 17, 2024. PUBLIC HEARING: AMENDMENT TO THE CITY OF SCANDIA UNIFIED DEVELOPMENT CODE (UDC) CHAPTER 153.400.020 SUBDIVISION STANDARDS, Scandia Planning Commission December 3, 2024 Page 6 of 8 REGARDING DESIGN STANDARDS FOR SUBDIVISION IN THE VILLAGE DISTRICTS Planner Hofer explained that staff has drafted amendments to the UDC to address concerns around higher density developments in the Village Area. Staff presented the draft standards to the City Council on November 19th, at which they directed a public hearing be held with the Planning Commission. Hofer stated that the UDC can apply development and design standards to subdivisions that would develop density at the maximum of 1 dwelling unit per 2.5 acres. Design standards include the use of buffers (no-build zones) from streets and adjacent properties, septic design, preferred building locations, stormwater management, and screening. Planner Hofer recommended the standard of buffer areas be discussed; should homes be further away from major streets and nearer to local streets, or the inverse. Planner Hofer reported that after the November meeting with the City Council, staff is proposing an alternative methodology that may be a more effective way to adopt standards within the major subdivision standards. Hofer recommended the Commission open the public hearing, but table the amendments to allow the Council to consider incorporating the standards into those for major subdivisions. Rynders, seconded by Hogle, moved to open the public hearing at 8:33 p.m. The motion carried 5-0. There were no speakers. Rynders, seconded by Hogle, moved to close the public hearing. The motion carried 5-0. Administrator Morell advised that the alternative language to move the standards into the major subdivision requirements is the better approach to avoid any work arounds a developer may have. Planner Hofer explained that the language presented to the Council isn’t reflected with this alternative approach, and Council should be allowed to reconsider how it is adopted into a different section of the city code. Hofer said if the Commission agrees that this approach is correct, they should direct staff to prepare the amendments for the Council, and then have another public hearing. Hofer said having these in a correct spot in the UDC will make them most effective, rather than in the design standards as presented to the Council. Administrator Morell explained that the Natures Walk development sparked the idea for these standards; small lots off a major highway with a buffer of undeveloped land. Chair Loeffler addressed the distance from roads standard, saying it looks natural outside of town, but closer to town, it may not fit. Planner Hofer asked the Commission to consider that to preserve the character of the city, do the lots need to be set back a distance from the road, or be closer to the road to protect existing Scandia Planning Commission December 3, 2024 Page 7 of 8 property owners. Chair Loeffler said if trying to link sidewalks, this would be dis-contiguous, with the idea to be near the city center with no setbacks from the road. Commissioner Rynders said the 300’ setbacks are not unreasonable. Rynders suggested to consult with developers to see if this approach is workable or not. Rynders questioned how do we want to envision development in the future? Chair Loeffler stated that it’s okay to table the proposed amendments and to also adjust buffers for less setbacks within the zoning districts that are closer to the city. Loeffler, seconded by Rynders, moved to table the proposed ordinance for design standards and recommend staff prepare an amendment that sets standards for major subdivisions for requirements related to streets, access, and stormwater management, and to consider less buffers in the Village Center. Motion carried 5-0 by roll call vote. GENERAL BUSINESS: PRE-APPLICATION SITE PLAN REVIEW FOR 13460 182ND STREET NORTH. APPLICANT PHILLIP BOLEA Planner Hofer introduced a concept plan to add an addition to an existing dwelling, to realign the existing driveway, to add a walkway to access the lake, and bluff alterations on a nonconforming lot with a nonconforming setback from the lake and bluff at 13460 182nd Street North. Applicant Phillip Bolea is interested in purchasing the property and is looking for feedback on the feasibility of his proposed improvements. The property is approximately 0.6 acres in size. Planner Hofer stated that there is no way to alter this lot without a variance, as the entire property is deemed a bluff. Hofer said a survey has not yet been completed to determine the exact nonconformities, but any expansion would be considered an expansion of a nonconformity by expanding a structure on a bluff. Staff finds that the septic system in non-compliant and will need to be replaced. The applicant provided a narrative of issues on the lot and addressed the Commission. Mr. Bolea described the complexities of the lot and his intentions to preserve and be minimally impactful to the property in correcting the issues. The garage is deteriorating, the house needs an improved access, and corrections are needed to the steep, failing driveway. Bolea proposed rerouting the driveway to decrease the slope and improve runoff. Bolea said he is working with the Watershed to ensure compliance with District requirements. Planner Hofer noted that access to the lake is allowed for riparian lots by state statute. Chair Loeffler said he is familiar with the driveway and entry issues, and supports a covered, contiguous access to the house, with improvements to make it livable and safe. Loeffler said it appears the addition for an entry way would not affect the lake. Commissioner Rynders agreed, and stressed the importance to protect the lake and bluff from impacts. Rynders noted that removal of trees for a realigned driveway could negatively impact the property, as the tree roots are providing soil stability. Scandia Planning Commission December 3, 2024 Page 8 of 8 Planner Hofer relayed the City Engineer and Fire Chief concerns of the proposed S-curve driveway, and other drainage issues of the proposed driveway realignment. Bolea said the impervious surface coverage is currently 26.9% and he has a plan to reduce and make it better than it is. Commissioner Hogle said this is a reasonable approach to improve the situation. Chair Loeffler encouraged Mr. Bolea to go ahead with his proposal for improvements. CITY COUNCIL UPDATES Council member Kronmiller reported that the Council supported staff’s recommendations for UDC amendments to align density issues with the Comp Plan. The Council heard the results of the City Center Study which addresses pedestrian safety in the center of town. FUTURE ITEMS: Next meeting – January 7, 2025 Staff noted one potential variance application for January, but if the only item, the meeting will be cancelled. ADJOURNMENT Rynders, seconded by Hogle, moved to adjourn the meeting. Motion carried unanimously. The meeting adjourned at 9:26 p.m. Respectfully submitted, Brenda Eklund, City Clerk