Loading...
08.b Draft minutes 04-01-2025 Planning Commission April 1, 2025 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 Mary Cullen, Laszlo Fodor, Jan Hogle, Perry Rynders and Chair Travis Loeffler. Staff present: City Planner TJ Hofer, City Administrator Kyle Morell and City Clerk Brenda Eklund. City Council member Kirsten Libby was also in attendance. PUBLIC FORUM There were no public comments. APPROVAL OF AGENDA, MINUTES Chair Loeffler announced that Agenda Items 5.c and 5.d would be reordered to hold the public hearing for the Minor Subdivision at 18180 Manning Trail North before the hearing for the Minor Subdivision at 10830 180th Street North, as 10830 180th Street North is dependent on approval of the first minor subdivision. Hogle, seconded by Rynders, moved to approve the agenda as amended. The motion carried unanimously. Hogle, seconded by Rynders, moved to approve the March 4, 2025 minutes as presented. The motion carried unanimously. PUBLIC HEARING: VARIANCE FOR STRUCTURE SETBACK FROM THE OHWL OF A RECREATIONAL LAKE AT 23261 LOFTON COURT NORTH. RICK JOHNSON, APPLICANT Planner Hofer presented a request from Rick Johnson for a Variance to construct a deck on his existing home at 23261 Lofton Court. The single-family dwelling is a legal nonconforming structure with a 75’ setback from Bone Lake, approved in 1992. The required setback from the Ordinary High-Water Level of Bone Lake is 100 feet. With the addition of the proposed deck, the nonconformity into the lake setback would increase by 7.9 feet. Planner Hofer described the seven standards in the Unified Development Code to approve a variance and identified conflicts. The nonconformity would be increased – this is not reasonable and does not meet the Comp Plan goals of environmental stewardship. In 1992 the construction of the dwelling maximized the developable area of the lot. Hofer said the practical difficulties were addressed in 1992 with the same applicant; developable area was maximized and did not leave room for a deck. Hofer explained that staff identified an alternative location for a deck on the north side of the house which would not expand the nonconformity into the lake setback and could be approved with an administrative permit for a lateral expansion. Planner Hofer concluded that the practical difficulties of the lot were mitigated with the earlier variance approvals, and recommended denial based on findings in the staff report. A resolution for denial was prepared. Scandia Planning Commission April 1, 2025 Page 2 of 10 Chair Loeffler described the site visit to the property. The topography around the house is flat then drops to a steep slope to the lake. Rynders, seconded by Fodor, moved to open the public hearing at 7:14 p.m. Motion carried 5-0. Rick Johnson, applicant, was present on Zoom. There were no other comments from the public. Rynders, seconded by Fodor, moved to close the hearing at 7:15 p.m. Motion carried 5-0. Commissioner Hogle said the Commission has had a long history of prioritizing setbacks from the lake, and she is opposed to increasing a setback to the lake, especially when there is an alternative to place the deck. Hogle said approving this variance would be inconsistent with prior decisions. Commissioner Rynders said staff rationale is valid; there is an alternative and the city should not encourage setbacks into the lake. Chair Loeffler said he understands the request for a deck to enjoy the lake, but not one to encroach closer to the lake. Loeffler said staff has shown a larger deck on the side of the home which is acceptable. Planner Hofer said his report illustrated that there is room for an alternative deck which complies with zoning standards, but is not approving this situation within his review of the request. Commissioner Fodor said he shares in the staff recommendation for denial. At the site visit, they observed a small existing deck on the side which needs repair. Fodor said he supports denial. Hogle, seconded by Fodor, moved to recommend denial of the variance with findings listed in the staff report. Motion carried 5-0 by a roll call vote. The recommendation to deny the variance will be presented to the City Council at their meeting on April 15, 2025. PUBLIC HEARING: AMENDMENT TO THE UNIFIED DEVELOPMENT CODE REGARDING GOLF COURSES, AND AN AMENDMENT TO THE EXISTING CONDITIONAL USE PERMIT FOR IRONWOOD GOLF RANGE LOCATED AT 11480 SCANDIA TRAIL NORTH. KEVIN NICKELSON, APPLICANT Planner Hofer presented a request for an Amendment to the Unified Development Code regarding standards for golf courses, driving ranges and clubhouse uses, and a request to Amend the existing Conditional Use Permit for Ironwood Golf Range to reflect the standards requested for the UDC text amendment. Scandia Planning Commission April 1, 2025 Page 3 of 10 Applicant Kevin Nickelson owns and operates Ironwood Golf Range at 11480 Scandia Trail North, and was issued a CUP for this use by Washington County in 1999 with special conditions for the driving range. Many of the conditions seemed to be a basis for the standards that the City has currently established in the UDC for driving range uses. Planner Hofer noted that Condition #13, that a separate 35-acre parcel encompass the driving range, became nonconforming last year when staff inadvertently approved a lot line adjustment and consolidation to create three lots from four existing parcels. Due to errors on multiple parties, the County recorded a configuration of five lots due to separate school districts and the driving range acreage has been reduced to a separate parcel 20 acres in size. For this reason, Hofer presented an amendment to a standard in the UDC for golf driving ranges: IV. a The Minimum lot area for a driving range is 35 20 acres. Planner Hofer described Mr. Nickelson’s suggestions for changes to the existing standards for expanded uses for driving ranges, including more hitting stations, practice golf holes and simulators, netting, sale of food and alcohol, lighting, more than one building, and a residence. Planner Hofer incorporated some of these into a draft ordinance and asked the Commission to consider if the amendments meet the intent of policies of the Comp Plan. Hofer noted that some standards may be in conflict or could be mitigated. In the current standards, golf simulators are not prohibited but language could allow for them. Planner Hofer said there may be no impact on the intensity of the use, but could trigger more parking requirements. Regarding a request for a residence, a principal dwelling would require a PUD, or an accessory apartment to a commercial use; however, the zoning code would need to be amended for AG-- Core to allow an accessory use. Planner Hofer said this may not be a reasonable amendment, so it was eliminated from the proposed standards. Planner Hofer proposed language for allowing netting and poles but asked the Commission to consider a reasonable maximum height. Hofer’s research indicated that netting appears suitable for uses between 45 feet to 200 feet. Existing standards allow for security lighting only. Planner Hofer proposed a paragraph for outdoor lighting to reference the lighting section of the UDC, and to allow a maximum height of 18 feet for a light mounted on a pole. Another paragraph required lighting to be turned off one hour after the business closes except for approved security lighting. Planner Hofer said the applicant did not request a specific number of hitting tees, but estimated an increase from the current standard of 25 tees to 40 hitting tees be allowed. Hofer suggested the Commission discuss what is reasonable. Planner Hofer proposed language to allow up to 3 practice golf holes, and to permit miniature golf holes. Additional parking standards will be required based on the additional uses. Scandia Planning Commission April 1, 2025 Page 4 of 10 Regarding the request for multiple structures be allowed, Planner Hofer proposed language to permit accessory structures pertaining to use of the property as a golf driving range. Planner Hofer proposed removal of the prohibition for food preparation and a liquor license, as staff finds this use as not unreasonable. Planner Hofer explained that under the current CUP for the business, signs and yardage markers other than flags are prohibited; but signage could be allowed under existing code that is now less restrictive and the applicant is not required to meet the condition in the original CUP. Planner Hofer stated that new parking standards should be established. Staff is researching a reasonable observed standard for this use. Planner Hofer summarized that if the Commission finds the new standards proposed for the UDC as reasonable, the CUP for the business should be amended to be consistent with the new standards. Hofer noted that review criteria #3 from the UDC for granting a CUP be further discussed as it pertains to netting – should netting be limited to account for scenic views. Planner Hofer concluded that staff analysis has found the proposal to be consistent the Comp Plan, but there are aspects to be discussed by the Commissioners. Some conditions that the applicant is requesting may not meet the intent of the Ag Core zoning district, those being residences, more than one building, netting and lighting. Rynders, seconded by Hogle, moved to open the public hearing at 7:53 p.m. Motion carried 5-0. Applicant Kevin Nickelson, Scandia Trail: Asked for clarification of the lighting recommendation, and if there would be a change to operation hours. Planner Hofer explained the proposed lighting standards and the business would not be bound by hours of operation in the original CUP. Nickelson proposed netting of at least 30 feet in height, installed along the sides and the end of the driving range away from the road to keep the golf balls contained on the property. Brian Du Fresne, Forest Lake, said he is looking to partner in the business and invest in the property to keep it going, such as use of golf simulators for the off-season. Du Fresne said they are not asking for a full restaurant, but a bar to serve pizza and to have an inside area to gather. Currently this is not an option. There were no further public comments. Rynders, seconded by Fodor, moved to close the public hearing at 8:00 p.m. Motion carried 5-0. Chair Loeffler reported that the site visit was brief; the Commissioners observed the land, seeing swamp and woods beyond the power line. Scandia Planning Commission April 1, 2025 Page 5 of 10 Commissioner Rynders said practice holes were explained at the site visit. If the City is worried about the expanded use, maybe restrict the size of the practice holes. Chair Loeffler said he is in agreement to limit practice holes. Administrator Morell said the wetlands in the back acres would limit this as well. Staff explained that the property is comprised of two 20-acre lots, and the full acreage can be referenced for the CUP. Rynders suggested to limit the length so as not to become a golf course. Planner Hofer stated that the City could deny a permit if use as a golf course is asked for. Commissioner Hogle said a driving range is an appropriate use for the property, located along Highway 97. The Commissioners discussed lighting the golf range for evening use. Chair Loeffler said there could be 20-30 acres of illumination in the evening, which is too intense for the community and could be a concern. Commissioner Rynders agreed that there could be a significant amount of lighting. Mr. Du Fresne stated that it would be too expensive to light the entire driving range, and lighting would be restricted to a building and illumination for a parking lot. Chair Loeffler noted that security lighting be allowed within reason. Commissioner Rynders said it would be reasonable to light the tee box area, building, parking lot, and mini golf area only. Planner Hofer stated that improvements will require a lighting plan to ensure lighting meets code standards. Commissioner Cullen asked the applicant what hours of operation are being proposed. Mr. Nickelson explained that evening hours are not being considered at this point, but a future operator may want to extend hours into the evening. If only the tee area is lit, that’s okay. For now, the driving range will close at dusk, but he would like to have a future opportunity to be open late. Commissioner Rynders said he could support not lighting the mini golf course, only tee boxes. Chair Loeffler stated that the standard to allow 40 hitting tees seems arbitrary. Planner Hofer explained that this goes back to the discussion of lateral area. If netting is allowed, the site plan can expand to an assumption of 40. Hofer said this could be determined by the city on a case-by- case basis depending on the size of the property. Staff would need to review an appropriate number of tee boxes based on safety and netting. Hofer proposed having no limit in the language; the city shall establish a maximum number of tees based on the submittal. Mr. Du Fresne said driving ranges allow 10 feet of separation per box, and asked the standard not be limited to 30. Commissioner Rynders noted the standard for an open-air driving range, and asked if the tee boxes can be covered. Planner Hofer said the facility needs to be open-air, or to define the range area to be open-air, but a cover for the tee boxes shouldn’t be an issue. Hofer stated a definition for open-air can be not a covered area or a dome. Commissioner Rynders said the standard to permit limited retail is ill-defined. Planner Hofer said that limited retail would be that related to the driving range, or any retail as anticipated by a Scandia Planning Commission April 1, 2025 Page 6 of 10 driving range. Hofer said language for golf course accessories limits what retail and activities can be offered on the property. The Commissioners agreed on a limit to serving wine and beer, and not to operate a full-service bar. Administrator Morell explained that there is a kitchen requirement for an on-sale liquor license, and a strong beer and wine license is an option. Commissioner Cullen asked the applicant to clarify the request for a residence on the property. Mr. Nickelson said he does not care if this is allowed or not, and will drop this request. Chair Loeffler stated that installation of netting will be a huge issue for the community. The number of golf balls that go off the property a year seems minimal, making netting not necessary. Administrator Morell said to consider netting be allowed in order to separate the uses on the property for safety. Planner Hofer said if the Commission is tending to say no to netting, then the size of the property will limit the use. Hofer suggested that netting be reviewed by the Council as part of the CUP process; the city could deny if standards for a CUP are not met. Commissioner Rynders said he is okay with no netting; if a driving range cannot use the property without netting, it’s not the right property. Mr. Nickelson said the site originally had a 6’ fence, but was removed because it was useless. He was informed that fencing can be up to 8’ in height now. Commissioners were in agreement with no netting. Planner Hofer summarized the amendments. Exterior lighting allowed according to the UDC standards but prohibited in areas of the driving range for practice holes, mini golf and the driving range; no limit on number of tee boxes; hitting boxes internal to a principal building are allowed; retail accessory to a driving range is allowed; covered tee boxes not allowed; and to strike language for use of netting. Rynders, seconded by Hogle, moved to approve the amendments to the UDC for Golf Courses, Driving Ranges, Clubhouse Standards as stated by staff, and to approve an Amended CUP for Ironwood Golf Range to reflect the standards of the UDC text amendment. Motion carried 5-0 by a roll call vote. The recommendations to approve the UDC text amendments and the Amended CUP for Ironwood Golf Range will be presented to the City Council at their meeting on April 15, 2025. PUBLIC HEARING: MINOR SUBDIVISION TO SUBDIVIDE THE PROPERTY AT 18180 MANNING TRAIL NORTH. NORTHERN NATURAL GAS COMPANY, APPLICANT Northern Natural Gas has applied for a Minor Subdivision to subdivide a single 15.68-acre parcel to create 2 lots, one with the existing residence of 18180 Manning Trail being 12.30-acres in size, and a lot 2.93-acres in size for future development that would have access on 180th Street. Dedicated right-of-way on the plat known as Nelson Addition was shown as 0.45-acres. Scandia Planning Commission April 1, 2025 Page 7 of 10 Planner Hofer described the application. At a previous meeting, City Council approved a Variance to allow for a subdivision that would result in a nonconforming lot, shown as Lot 2, with 173.11 feet of lot frontage at 18180 Manning Trail where 300 feet is required. Lot 1 of the minor subdivision is conforming to the zoning standards of the UDC. Approval of subdivision of land triggers park dedication requirements of the UDC. Planner Hofer stated that park dedication will be reviewed by the City Council. Review by the Rice Creek Watershed District noted that approval requires an administrative process for their rules to be followed. Planner Hofer concluded that the minor subdivision plan is consistent with standards of Comp Plan and the UDC, and recommended approval with conditions presented in a draft resolution. Rynders, seconded by Fodor, moved to open the public hearing at 9:20 p.m. Motion carried 5-0. Steven Martinez, Northern Natural Gas, was present on Zoom and had no additional comments. Rynders, seconded by Fodor, moved to close the public hearing at 9:21 p.m. Motion carried 5-0. Commissioner Rynders said this is straightforward, nothing new has been presented. Rynders, seconded by Fodor, moved to approve a Minor Subdivision for Nelson Addition. Motion carried 5-0 by roll call vote. The recommendations to approve the Minor Subdivision for Nelson Addition will be presented to the City Council at their meeting on April 15, 2025. PUBLIC HEARING: MINOR SUBDIVISION TO SUBDIVIDE THE PROPERTY AT 10830 180TH STREET NORTH. NORTHERN NATURAL GAS COMPANY, APPLICANT Northern Natural Gas has applied for a Minor Subdivision to subdivide a single 7.61-acre parcel at 10830 180th Street to permit access for the parcel to the north at 18180 Manning Trail via the existing access, and to create a lot with the existing residence at 10830 180th Street. Planner Hofer explained that similar to the application just considered, the Council approved a Variance at an earlier meeting to allow for a subdivision that would result in Lot 1 having multiple nonconformities for size and lot frontage. Lot 1, being 0.005 acres in size, allows for access to 18180 Manning Trail and must be deeded to Lot 2 of Nelson Addition. Rynders, seconded by Fodor, moved to open the public hearing at 9:24 p.m. Motion carried 5-0. There were no comments. Scandia Planning Commission April 1, 2025 Page 8 of 10 Rynders, seconded by Fodor, moved to close the public hearing. Motion carried 5-0. Commissioner Hogle stated that there is nothing new since this was discussed last month. Rynders, seconded by Fodor, moved to approve a Minor Subdivision for Baker Addition. Motion carried 5-0 by roll call vote. The recommendations to approve the Minor Subdivision for Baker Addition will be presented to the City Council at their meeting on April 15, 2025. PUBLIC HEARING: UNIFIED DEVELOPMENT CODE HOUSEKEEPING ORDINANCE AMENDMENTS Planner Hofer presented a draft ordinance to fix errors and omissions of the Unified Development Code that have been identified since its adoption in 2022 where additional clarity is needed. The proposed ordinance covered 23 sections, most of which are simple changes or corrections. Planner Hofer noted the proposed amendments where input is needed to clarify intent. The Council provided direction on the amendments at their meeting on February 18, 2025. Some of the amendments Planner Hofer presented included: Section 3, Accessory structure standards in the Industrial Park district – The council suggested more flexibility be allowed. Section 4 – Rural use buildings. There is confusion and lack of clarity to what this should apply to. Council recommended rural use be defined. Staff recommended to allow for agricultural/ noncommercial buildings instead, or to remove the term rural use as the best solution. Section 7 – Lot averaging in subdivisions. The requirement for a Yield Plan is no longer applicable and can be taken out. Section 11 – Fences. Staff proposed a materials change for fences that abut public streets, to allow more types of fencing. Hofer explained the intent to open up options to reduce applicability of when fences must be a certain material for where they are. To reduce disputes between property owners, staff recommended an administrative permit is needed for any fence proposed within 6 feet of a property line. This will allow staff verification of where the property lines are. Planner Hofer concluded with a recommendation of approval of the ordinance amendments, with further discussion to follow the public hearing. Rynders, seconded by Fodor, moved to open the public hearing at 9:37 p.m. Motion carried 5-0. There were no public comments. Scandia Planning Commission April 1, 2025 Page 9 of 10 Rynders, seconded by Fodor, moved to close the public hearing. Motion carried 5-0. Commissioner Hogle questioned if the fencing standards will apply to temporary snow fencing. Planner Hofer said that depending on what are the character area standards are for the district, it would be reasonable to exempt temporary fences. Chair Loeffler clarified that under the current standards, if a fence is on a property line a permit is not needed. Because a resident should know where the property line is, he suggested striking VI.b, the requirement for an administrative permit for any fence proposed within six feet of a property line. Regarding a rural use definition, Chair Loeffler said this is more about design standards than use standards. The Commissioners discussed striking the terms for agricultural/rural use accessory structures. Commissioner Cullen recommended to retain no limit if the structures are ag buildings. Administrator Morell explained that an ag building must be on a property that meets the state definition. The Commission concluded that the term rural use be dropped. Regarding fencing, Planner Hofer said it would be beneficial for staff to have temporary fence defined. Commissioners concluded to reference snow fencing according to the dates used in the city’s snowplow policy Planner Hofer recapped the amendments: Revise Section 11 for an exemption for temporary snow fence based on the snowplow policy; Section 13 – Fences, strike the requirement for an Administrative Permit for a fence within 6 feet of a property line; Section 4 – strike rural use from the accessory structure table. Rynders, seconded by Fodor, moved to approve amendments to multiple sections of the UDC as recommended by staff and amended as described by Planner Hofer. Motion carried 5-0 by roll call vote. The ordinance amendments to the UDC will be presented to the City Council at their meeting on April 15, 2025. GENERAL BUSINESS Planner Hofer reported that the Hill Variance has been withdrawn. The applicant has worked out an approved plan to locate a shed outside of the setback. An application for a PUD from Bethany Center has been withdrawn and staff is working with the owner on a path forward. CITY COUNCIL UPDATES At their meeting on March 18, the City Council tabled the ordinance for subdivision design standards, and will workshop their concerns of stormwater designs and the impact the ordinance could have on rural development. Council member Libby announced that she has been appointed to the Met Council Task Force for Land Use and will start attending meetings in May. Scandia Planning Commission April 1, 2025 Page 10 of 10 FUTURE ITEMS: Next meeting – May 6, 2025 Planner Hofer reported that the May 6 meeting will have Rustic Roots CUP amendment, including a rezoning and site plan review. ADJOURNMENT Rynders, seconded by Fodor, moved to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 10:05 p.m. Respectfully submitted, Brenda Eklund City Clerk