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08.b Draft minutes 06-03-2025 Planning Commission June 3, 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, and Chair Travis Loeffler. Absent: Commissioner Perry Rynders. 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 Hogle, seconded by Fodor, moved to approve the agenda as presented. The motion carried unanimously. Cullen, seconded by Hogle, moved to approve the May 6, 2025 minutes as presented. The motion carried unanimously. PUBLIC HEARING: AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE REGARDING GRADING AND LAND ALTERATION City Administrator Morell introduced a draft ordinance which staff prepared based on the City Council’s direction to alter when a grading permit is required. Staff advised that in addition to amending the grading permit form, additional amendments are needed in the city’s adopted ordinances to reflect the changes. The City Council reviewed the amendments at several meetings and recommended the Commission hold a public hearing on a draft ordinance. Page 2 of staff report summarized the amendments. All new construction projects will require a grading permit, and more specific criteria added to clearly identify when a grading permit is triggered based on the size of the property impacted and proximity to other lots. Lesser standards were established for shoreland properties but higher standards were reflected in language for more sensitive areas in shoreland for steep slopes and bluff impact zones. Language from the DNR model ordinance for retaining walls was incorporated into the draft as an option to consider. Placement of retaining walls is allowed within lake setbacks if used only to correct an existing erosion problem and must be screened from the waterbody. Comments were received from area Watersheds and included in the staff report with responses. Hogle, seconded by Fodor, moved to open the public hearing at 7:09 p.m. Motion carried 4- 0. No comments were received. Scandia Planning Commission June 3, 2025 Page 2 of 5 Hogle, seconded by Fodor, moved to close the hearing. Motion carried 4-0. Commissioner Hogle asked how would erosion be documented to allow placement of retaining walls. Planner Hofer stated that this language is from the DNR model ordinance. Watersheds and the Washington Conservation District can evaluate, identify, and document erosion problems and recommend a solution that is best for the property. Chair Loeffler said it is a great idea to lessen the standard to require a grading permit. Loeffler asked about tree clearing in an area larger than 20,000 square feet – what would this look like when removing small underbrush. Planner Hofer explained that clearing means full removal of under and overstory trees. In response to Loeffler’s questions on retaining walls, Planner Hofer clarified that the draft language would discourage decorative walls and this language allows staff to enforce the standard that only allows retaining walls to control erosion. Hogle, seconded by Fodor, moved to recommend the City Council approve ordinances to amend the UDC and Shoreland Management Regulations regarding grading and land alteration as presented. Motion carried 4-0 by roll call vote. The recommendation to approve ordinance amendments will be presented to the City Council on June 17, 2025. CONTINUED FROM MAY 6, 2025: 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. City Administrator Morell summarized the request to consolidate four existing CUPs and IUP into one CUP that is consistent with an updated site plan. A Design Review Exception is needed for the event center to allow a seasonal tent in place of a permanent building. The applicant is requesting Parcel C (approximately 6.5 acres in size) be rezoned from Agricultural Core to Rural Commercial, in line with zoning of the adjacent property for the winery. A public hearing was held hearing at the May 6th meeting and tabled for concerns regarding noise amplification and for more information regarding the rezoning. The Commissioners asked the applicant for a noise mitigation plan, found in the staff report. A single large speaker will be replaced with 8 smaller speakers oriented downward. A new tent will be used for events as an improved sound barrier. Trees will be planted for further sound mitigation. All events will be subject to the city’s noise ordinance. The staff report outlined permitted uses in the Rural Commercial zoning district; generally, retail, service, or office uses. Any conditional use would need to meet the standards established in the UDC, as well as the general CUP criteria. Scandia Planning Commission June 3, 2025 Page 3 of 5 Conditions of approval for the Comp Plan Amendment, Zoning Map Amendment and CUP were presented within resolutions for approval as recommended by staff. Planner Hofer noted that if a seasonal tent is not the best structure, the Commission could consider denying with findings. If there are concerns of the noise ordinance, the Commission should ask the City Council to direct changes. Planner Hofer explained that the evaluation be considered for noise generated by the rural event center, not the winery. Chair Loeffler asked for any comments from the public. Bob Anderson, 15825 Quality Trail. Stated that the draft presented for approval does not adequately address noise concerns. Anderson asked the Commission to table a decision so that a less complex proposal can be studied. Anderson said he is not asking for denial, but rather to consider 3 major issues. The scale of the entire request, saying this is a complex request with potential for expansion, with a great increase in size of the buildings, and a rezone without a clear proposal of future uses. Scale could be a much greater issue when not clear on the future use. Anderson said the greater scale will create greater noise and more traffic on the roads, and more people making noise at Rustic Roots. Anderson said there have been thoughtful but modest proposals for noise control by the applicant. Anderson noted that staff believes sounds from winery use are not part of this application, but amplified noise on the site should be controlled. This is an issue larger than just the event center. The report which states no documented history of noise is misleading – noise complaints have been reported to the city. Anderson said there have been many changes in five years on this site and noise has resulted. Residents are skeptical, as there is no real enforcement of the noise ordinance, with the code language saying it’s up to the property owner to monitor noise. Changes should be made for better enforcement. Regarding Rural Commercial land use, the Comp Plan states this zoning is intended as historic commercial nodes, not for restaurants and event centers. A rezone brings anticipation of more commercial activities, and restaurant activities are not anticipated in the 2040 Comp Plan. Anderson concluded saying that 5 years ago this was a quiet residence. Step by step this is becoming something else. This is a complex, very large-scale request that threatens the Comp Plan and surrounding areas. Greg Sandager, applicant. Sandager said the information submitted sums up what we are doing. In his reply to comments made, Sandager said he appreciates where Mr. Anderson is coming from, he wants to be a good neighbor, and his intent is to work with neighbors and not upset anyone. Sandager noted that of all the adjoining property owners, Mr. Anderson is the only one here tonight. Sandager said we do want to comply with a noise ordinance that can be measured. Sandager said the rezoning is getting blown out of proportion. This one small piece is disjointed and he would like to work with the lot configurations in order to use the entire property. There are no Walmart plans for this small land. Planner Hofer addressed the request from Mr. Anderson to table the application. The Planning Commission must act on this application to meet statutory review deadline. Also, the city is Scandia Planning Commission June 3, 2025 Page 4 of 5 required to review applications under the current ordinance, not something proposed. Amending the noise ordinance will not affect the conditions recommended for the CUP. Planner Hofer noted that zoning standards being reviewed must be applicable to the rural event center. Commissioner Hogle stated that there was a restaurant in Copas at one time, and is not unexpected for that corner property proposed to be rezoned to Rural Commercial. This is not out of the realm of what was expected. Commissioner Cullen stated she appreciates comments made on behalf of the neighbors, offered congratulations to Sandager on the fantastic business, and thanked staff for their extra work on this report in order to understand it one step at a time. Cullen said she can support this recommendation to rezone and approve a CUP with conditions as recommended by staff. Under the UDC and rules which the city operates, this request fits within the framework. Cullen said she believes the owners will work with the community to address their concerns. Cullen noted there are consequences if there are violations of the noise ordinance, but they shouldn’t tinker with these rules right now. Chair Loeffler asked if rezoning Parcel C to Rural Commercial brings any concerns? Commissioner Hogle said no, the reasoning is legitimate. Loeffler said he agrees, it’s contiguous to existing Rural Commercial and an extension to a lot they already own. The Commission discussed the request to replace the Interim Use Permit for the seasonal tent, expiring in 2027, with a Conditional Use Permit for a Rural Event Center which utilizes a tent and not a permanent structure. Planner Hofer explained that a tent structure does not meet building requirements in the UDC for an event center and requires an exemption from design standards for the exterior materials. If the design exception is approved, the CUP standards will replace the old CUP and IUP. Hofer stated that IUPs can be renewed but events can be scheduled several years out and this can result in uncertainty for the operator on whether or not the city will renew their IUP. Chair Loeffler asked about conditions in a CUP, and if there is an opportunity to change conditions once a CUP is granted. Planner Hofer explained that conditions must be approved at the time of issuing a CUP, but if a condition is being violated or a nuisance is occurring, the city can revoke a CUP or use means to gain compliance. For instance, the condition that events must comply with the noise ordinance is being recommended by staff. Commissioner Hogle said that since there is a way to address noise issues with conditions, then she sees no problem with approving the event center as a CUP. But there is a noise ordinance that is difficult to enforce, which is another issue that the city should come back to. Planner Hofer explained that this new CUP is combining four existing permits into one so that there is one consistent site plan for the property. Chair Loeffler stated that he is okay with this recommendation. Scandia Planning Commission June 3, 2025 Page 5 of 5 Regarding noise, Chair Loeffler said he is asking the community to raise their concerns in order for noise to be documented every time there is a concern so that it can be addressed. Cullen, seconded by Hogle, moved to recommend approval of a Comprehensive Plan Amendment, a Zoning Map Amendment, and a Conditional Use Permit Amendment for Rustic Roots as recommended by staff with resolutions. Motion carried 4-0 by roll call vote. The recommendation for approval will be presented to the City Council on June 17, 2025. REPORT ON DENSITY AND SUBDIVISION DESIGN STANDARDS Administrator Morell described a report from Planner Hofer which was presented to the City Council at their May 7th Work Session. The report is the first of a multi-part discussion for necessary amendments to the Comprehensive Plan and Unified Development Code to address density. The report explains that bonus density is not defined by the Met Council as was being interpreted in Scandia for subdivisions. INFORMATIONAL: DRIVEWAY AND FIRE APPARATUS ACCESS ROAD REQUIREMENT POLICY, ADOPTED MAY 20, 2025 City Administrator Morell explained the Driveway and Fire Apparatus Access Road Requirement Policy adopted last month by the City Council on advice from the Fire Chief for long driveways due to the concern that these are not being built to standards that allow fire and rescue access. The policy establishes maximum slope, pullouts, and turnarounds within a certain distance from the principal structure. The policy applies to new residential construction or additions that exceed 50% of the structure value. Commissioner Cullen questioned if costs to the property owner for these improvements was considered. Council member Libby said the Council discussed their biggest concern of economic burdens, but balanced a decision with public safety concerns. CITY COUNCIL UPDATES At their meeting on May 20th, the City Council adopted a Fire Access Policy which was discussed over several meetings. FUTURE ITEMS: Next meeting – July 1, 2025 Planner Hofer reported that the July 1st meeting may have Conditional Use Permits for a pending Northern Natural Gas odorizer station, a Distribution Solar Energy System on Mayberry Trail, and a CUP for an over-sized accessory structure. ADJOURNMENT Cullen, seconded by Fodor, moved to adjourn the meeting. Motion carried 4-0. The meeting adjourned at 8:20 p.m. Respectfully submitted, Brenda Eklund, City Clerk