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08.b Draft minutes 05-06-2025 Planning Commission May 6, 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 7:05 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 Rynders, seconded by Fodor, moved to approve the agenda as presented. The motion carried unanimously. Hogle, seconded by Fodor, moved to approve the April 1, 2025 minutes as presented. The motion carried unanimously. PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT, ZONING MAP AMENDMENT, CONDITIONAL USE PERMIT AMENDMENT, AND SITE PLAN REVIEW FOR RUSTIC ROOTS WINERY, 20168 ST. CROIX TRAIL NORTH. GREG SANDAGER, APPLICANT Greg Sandager, owner of Rustic Roots Winery at 20168 St. Croix Trail North, has applied for a Conditional Use Permit Amendment for the winery and rural event center, a Comprehensive Plan Amendment and a Zoning Map Amendment. A lot line adjustment was also requested, which will be done administratively. Planner Hofer presented the staff report with details of the request. The applicant is proposing an expansion to increase the production facility and connect the tasting room to the pavilion for the winery use and as a future restaurant use. The property has been granted multiple types of approvals since 2020 for the vineyard, winery and event center. Staff recommended a new CUP be written to consolidate the approvals into one resolution and to be consistent with the new proposed site plan. Planner Hofer explained that the applicant requested a design review exception for the seasonal event center tent for exterior materials. Approving the exception will replace the interim use of the tent and allow for its long-term use. The winery is made up of three parcels. Two of the parcels are zoned Rural Commercial. Parcel C (PID 24.032.20.44.0001) is undeveloped and zoned Agriculture Core. The applicant is requesting a Comprehensive Plan Amendment to the Future Land Use Map and a Zoning Map Amendment to rezone Parcel C from Ag-Core to Rural Commercial. Scandia Planning Commission May 6, 2025 Page 2 of 8 Planner Hofer reviewed the criteria of the UDC to grant a CUP and approve Comp Plan and Zoning Map amendments. Hofer concluded with a recommendation to approve the rezoning of Parcel C with findings that the rezoning is consistent with Rural Commercial guidance in the 2040 Comp Plan. Extensive deforestation would need to occur for the property to have agricultural use. The Met Council has 60 days to respond to the rezoning request to grant final approval. Planner Hofer presented findings for approval of the request for a Conditional Use Permit Amendment with conditions. Conditions include that adequate utilities exist to support the expanded use, parking must meet the UDC requirements, the rural event center use abide by the hours of operation in the standards, and approval from appropriate entities be granted prior to issuing a building permit. MnDOT provided a comment letter that a traffic impact study be recommended by the city and a left turn lane be required on Highway 95. Rynders, seconded by Fodor, moved to open the hearing at 7:26 p.m. Motion carried 5-0. Bob Anderson, 15825 Quality Trail. Said he has noise, traffic and safety concerns. Said he is not negative to slow or stop the project, but this property has grown from a single residence to a winery, a tasting room, and now looking to expand to a restaurant which is increasing impervious surface on the property. The growth brings concerns such as noise – the owner is making a good faith effort to control noise, but more can be done. Anderson said he can hear sounds on Quality Trail. The condition to limit amplified sounds to ceremonies only will help. There are technology improvements which should be memorialized for the solution. Anderson said most concerning is sound in open areas and the direction of sounds. The material of the tent is important. Anderson recommended the concerns be revisited before this goes to Council. Regarding traffic, Anderson said a new turn lane has been good, but there is a need for further control on Highway 95, Brian Trotter, 15890 199th Street. Said he has noise and traffic concerns. The number of events per day is going drastically up; four events a day is too much. Said he can hear sounds very clearly which means the events are too loud. Trotter said the traffic on Oakhill Road is getting to be too much, and the expansion brings safety concerns. Trotter said to keep the neighbors in mind as this goes forward. There were no further public comments. Rynders, seconded by Hogle, moved to close the hearing at 7:37 p.m. Motion carried 5-0. Commissioner Hogle said directional speakers were talked about on the site visit to better control sound. Using vegetation for screening and a buffer could also make a difference in controlling the sounds. Commissioner Rynders asked for some items in the staff report regarding hours of operation, public utilities and site access to be clarified. Rynders asked if other rural event centers in Scandia have consistent standards. Planner Hofer explained that Redeemed Farm was approved Scandia Planning Commission May 6, 2025 Page 3 of 8 as a Planned Unit Development and conditions for the rural event center follow the same ordinance standards. Commissioner Fodor asked how the rezoning request for Parcel C ties into this expansion project. Planner Hofer said the existing Conditional Use Permit for the business has been recorded on this property as well, and the owner has received inquiries on this separate property. Staff review has found rezoning to Rural Commercial to be consistent with Comprehensive Plan guidance. In the site plan for where activities and uses are, this Parcel C is not included. Future use can be any use identified as a Rural Commercial use. Commissioner Fodor asked what if Parcel C remains Ag Core zoning. Planner Hofer said the parcel could support vineyards as an agriculture use. Any R-C use would need a tree removal plan; therefore tree coverage can be managed with this rezoning to R-C. Chair Loeffler stated that they need to make sure what we are approving is consistent with the other rural event centers in Scandia, noting the current CUP limits the number of events to six per year. Planner Hofer explained that the agreement for conditions does not necessarily apply when new standards in the ordinance are adopted, and contrary standards have been adopted since the original CUP for Rustic Roots event center was approved. Code changes now allow for up to 4 events per day. The number of events for Rustic Roots are held to six per year, but is this actually enforceable? Hofer said that is a question for the City Attorney. Planner Hofer stated that if potential nuisances need to be mitigated, reasonable conditions can be put on the business. Commissioner Rynders said four events a day seems like a lot and leads to noise and traffic issues. But if they can control the noise and not be disruptive to the neighbors, this should be okay. Chair Loeffler agreed, saying he is okay with the existing standard as long as they are managing the noise. Chair Loeffler asked about the MNDOT letter that is requiring a left turn lane on Highway 95; how does the city enforce this? Planner Hofer said MNDOT has standards for their road. Condition #6.a requires that the business must have appropriate permits from all entities before a building permit is issued. Commissioner Cullen questioned MNDOT’s comment for a traffic impact study; what is the purpose if a turn lane is being required. Planner Hofer said this is a typical recommendation from state and county engineers but staff is not making a traffic study on a state highway a condition of approval. The state will need to require this if they want to solidify traffic numbers. Chair Loeffler said the city never intended for the event center to be a permanent tent, but rather allowed an Interim Use Permit for the temporary tent with the intention that a permanent building would be built within 5 years. Sounds are more easily heard coming from a fabric party tent. Planner Hofer noted a condition that events must comply with the city’s noise ordinance. Scandia Planning Commission May 6, 2025 Page 4 of 8 Administrator Morell said the city does not own a decibel meter to monitor noise, and the subjective language of the ordinance is difficult to enforce. Hofer stated that a CUP can be revoked if a condition is not being met, and referenced the nuisance ordinance. Commissioner Cullen recommended they ask the applicant for a plan on how they can manage sounds on the property. Chair Loeffler agreed, and added that he would like to see a confirmed study that the plan works to lessen noise. Administrator Morell stated that the request for a permanent tent does not have to be approved. The existing IUP approved in 2022 for the seasonal tent allowed for the tent to be used for 5 years. Planner Hofer said the application would need to be revised if removing the rural event center from the CUP Amendment request. Chair Loeffler said this is a very layered request with business expansion, tent use, and land rezoning. Loeffler said he disagreed that Parcel C would have deforestation as an ag use; there are ag uses that can be accomplished on the site without deforestation. Loeffler said he is concerned about changing to a commercial use to allow anything commercial to go in here, including a gas station. Loeffler said he considers this spot zoning, as it is adjoining to something that is spot zoned. Commissioner Fodor said they owe it to the community to have a noise study, saying he would like to reconsider the application at a later meeting and recommended tabling the application. Commissioner Rynders said they are working with a responsible owner; if noise is the only issue, and there is a condition for a noise plan why worry about a restaurant expansion? Commissioner Fodor said he needs more clarity about the R-C rezone. Chair Loeffler said the request seems unfinished; there is a future plan but it’s not definitive in the parameters. Commissioner Hogle reasoned that rezoning Parcel C to R-C will be needed if they want to combine lots or adjust lot lines in the future. Commissioner Rynders said he is comfortable with the staff’s conditions, and the recommendation to add a noise plan condition. Commissioner Cullen said she is in agreement to move forward with approval. Cullen said it is challenge to control noise from a tent, but to allow the applicant to develop a plan on how to manage noise. Chair Loeffler said he could move forward if conditions are consistent with other rural event centers in town. Rynders, seconded by Loeffler, moved to approve the draft resolution for a CUP Amendment and a resolution and ordinance to amend the Comp Plan and Zoning Map with a condition that the applicant submit a sound management plan and an outside sound study by a professional to show compliance with city code. Scandia Planning Commission May 6, 2025 Page 5 of 8 The Commissioners moved into discussion. Commissioner Cullen agreed the applicant submit a sound management plan but not to hire an expert to conduct a study. Commissioner Hogle agreed that a paid study should not be required; they have been done in the past for other projects and she didn’t think one done for the Tiller mine was a legitimate study. Administrator Morell stated that weather conditions can affect sound during a study, not giving consistent results. It was noted that the language of the nuisance ordinance is not clear on an acceptable sound level. Morell said it is reasonable to ask for a sound plan and to get approval for staff to go onsite to observe. Commissioner Rynders withdrew his motion. Applicant Greg Sandager addressed the Commissioners, stating he understands the noise concerns and wants a solution. He recommended a condition to abide by the sound ordinance to meet the concern, but the city must have the ability to enforce the sound ordinance, with the understanding there are variables to sound travel. Sandager recommended the ordinance language be better defined, then he can move forward and will comply with the noise ordinance, whatever that will be. Chair Loeffler stated a problem is that the city cannot verify our own noise ordinance. Cullen, seconded by Fodor, moved to table the application and ask the applicant to return with a sound mitigation plan, and request the city review its sound ordinance. Chair Loeffler called for a roll call vote. Rynders – no; Loeffler – yes; Fodor – yes; Cullen – yes; Hogle – no. Motion carried 3-2. PUBLIC HEARING: AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE REGARDING EXTERIOR STORAGE Planner Hofer introduced a draft ordinance that would amend a section of the Unified Development Code to address concerns around exterior storage of vehicles. The City Council held a listening session on April 2, 2025 from residents on lake properties zoned Rural Residential Neighborhood (RR-N) who had concerns about storage and parking of vehicles. The City Council directed staff to make amendments and hold a public hearing to address the comments and concerns identified by the residents. Planner Hofer described changes to the ordinance made for clarity and to address concerns. Hofer described Subd 2(A) for the ordinance rules on storage of items that are only visible from the roadway. Specific standards for properties zoned RR-N, mostly small lots near waterbodies in the city, were explained. Hofer said these are unique sites for storage, with additional standards being defined, one being that items can be stored on pervious surfaces. The number of vehicles parked allow up to one Recreation Camping Vehicle (RCV) and up to five Large Recreational Vehicles Scandia Planning Commission May 6, 2025 Page 6 of 8 (LRV) on the lot. The number of motor vehicles parked may be up to four vehicles, or the number of licensed drivers in the household, whichever is greater. Planner Hofer reviewed the revised definitions for RVC and LRV. Small vehicles such as golf carts, go-carts, and dirt bikes are typically not defined as recreational in most communities, and staff did not include a separate definition for these. Generally, they are considered motor vehicles and are subject to the storage standards in the ordinance. Planner Hofer provided a diagram on page 8 of the staff report to give a visual image of where items are allowed on riparian and non-riparian lots. Planner Hofer concluded that staff recommends approval with any amendments the Commission determines are necessary. Rynders, seconded by Fodor, moved to open the public hearing at 9:27 p.m. Motion carried 5-0. Steve Koutek, 12300 228th Street. Said the Council changed the number of vehicles allowed from four to six at their April meeting, and the numbers reported tonight are not right. Administrator Morell clarified that up to six recreational vehicles are allowed, but up to four motor vehicles can be stored on a property. Jeff Holker, 12140 196th Street. Said the City was asked to provide stricter enforcement, but by who? Said this is loosening the ordinance. If it’s difficult to enforce the current rules, would this make it easier? Said that several property owners were not reached in the RR-N district for the notice of the April 2nd City Council meeting. Most of the lake lots on Big Marine Lake are under 0.5 acres. If passed, the RR-N is the only zoning district to have more vehicles, and this would be increasing impervious coverage and cause more runoff to the lake which affects water quality. Holker said the intent should not be to create parking lots around the lakes; residents should use off-site storage. Holker said given the notification issues, give this considerate thought and not create a big rush to make the amendments. Administrator Morell explained this came about based on a discussion of how to enforce the city’s code. The Council heard from residents that the ordinance for exterior storage is too restrictive for lake properties that have lake toys. A meeting was held on April 2nd to ask residents for ideas. Letters with the meeting date were sent to addresses pulled from property tax statements. Administrator Morell said the intention is to find ordinance language to meet the needs of the residents, and the Council heard less restrictive zoning for exterior storage is needed. The focus is on RR-N zoning district. By allowing storage on front and side yards at the maximum allowed, it can be a crowded lot. Planner Hofer said there is no statutory requirement that letters for ordinance amendments be sent to property owners, nor is there a deadline for action on the draft ordinance. Scandia Planning Commission May 6, 2025 Page 7 of 8 There were no other public comments. Rynders, seconded by Fodor, moved to close the public hearing at 9:40 p.m. Motion carried 5-0. Commissioner Rynders said he is concerned of expanding the number of vehicles on small lots, which could damage lakes and rivers. Chair Loeffler said his concern is that the ordinance changes match the residents wishes without regard to the impact to lakes and water quality. They should consider the potential storage as impervious surface. Commissioner Rynders stated they need to consider the aesthetics and condition of the lakes by allowing all these additional vehicles. Commissioner Hogle recommended the diagram in the staff report be included in the ordinance. Rynders, seconded by Loeffler, moved to table the ordinance amendments to allow more time for discussion. Council member Libby said the Council’s rationale for revisions was if everyone is in violation of the ordinance, then it’s time to revise the ordinance. The City Council had lots of discussion on April 2nd, saying it was a good meeting of the community to look for solutions. Commissioner Fodor said he is opposed to tabling and is ready to vote on the amendments as presented. Chair Loeffler said he is more comfortable knowing the proposed ordinance is based on the Council’s direction. Rynders withdrew his motion. Fodor, seconded by Hogle, moved to approve the draft ordinance to amend standards for exterior storage as proposed. 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 May 20, 2025. CITY COUNCIL UPDATES At their meeting on April 15, the City Council approved a variance for Bruggeman, denied the Johnson variance for a deck within the OHWL, approved UDC amendments to golf courses, and a CUP for Ironwood Driving Range with amendments to allow netting, approved the minor subdivisions for Northern Natural Gas, and adopted the housekeeping amendments for the UDC. Scandia Planning Commission May 6, 2025 Page 8 of 8 FUTURE ITEMS: Next meeting – June 3, 2025 Planner Hofer reported that the June 3rd meeting may have ordinance amendments for grading standards. ADJOURNMENT Rynders, seconded by Hogle, moved to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 10:05 p.m. Respectfully submitted, Brenda Eklund City Clerk