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01-03-2017 Planning Commission January 3, 2017 The Scandia Planning Commission held their regular monthly meeting on the above date. Chair Maefsky called the meeting to order at 7:00 p.m. The following were in attendance: Chair Christine Maefsky, Commissioners Walt Anderson, Travis Loeffler, Tom Noyes and Dan Squyres. Staff present: City Planner Sherri Buss, City Administrator Neil Soltis , Deputy Brandon Yetter and Deputy Clerk Brenda Eklund. APPROVAL OF AGENDA, MINUTES Commissioner Loeffler added Agenda Item 6)d, Discussion of fence at the Manning/Highway 97 solar panel installation. Loeffler, seconded by Noyes, moved to approve the agenda as amended. The motion carried 5-0. Squyres, seconded by Anderson, moved to approve the December 6, 2016 meeting minutes as presented. The motion carried 5-0. PUBLIC HEARINGS The following public hearings were held for gathering public comments, followed by the Planning Commission’s discussion on each ordinance. PUBLIC HEARING: AMENDMENTS TO DEVELOPMENT CODE REGARDING RURAL EVENT FACILITY REQUIREMENTS AND STANDARDS (CHAPTER 2, SECTION 4.32) Planner Buss presented the draft ordinance with amendments to the Rural Event Facility ordinance as discussed at the November and December Commission meetings. An IUP for a Rural Event Facility was recently approved, the first since the ordinance was adopted in 2013, and the Commissioners suggested parts of the ordinance needed clarification and oversight on the maximum number of events that are permitted. Buss explained the change in defining the Rural Event Site to Rural Event Activity Area throughout the ordinance, and to specifically state this includes the parking areas. Other changes included the Annual Operators Permit renewal date, reference to the City’s noise ordinance and clarify that outdoor sound amplification of the ceremony only is permitted, security staff be present when alcohol is served, maximum number of weekly or annual events may be regulated by the IUP or AOP, and reference to the City’s sign ordinance instead of descriptions of number, size and placement of signs. Chair Maefsky opened the public hearing at 7:09 p.m. There were no comments and the hearing was closed. PUBLIC HEARING: AMENDMENTS TO DEVELOPMENT CODE REGARDING LAND SPREADING OF SEPTAGE (CHAPTER 2, SECTIONS 2.4, 2.5, 2.6, AND 2.7) At its November and December meetings, the Commissioners discussed land spreading of solid waste (septage) as permitted by Washington County on agricultural properties, and recommended this use be limited to the Agriculture Core and Agriculture Preserves zoning districts, but not in the General Rural and Village Neighborhood districts where agricultural uses January 3, 2017 Scandia Planning Commission Page 2 of 4 are permitted, but lot sizes are smaller and spreading septage could have negative impacts on adjacent properties. Planner Buss presented the draft ordinance that adds the definition of land spreading to the development code, adds land spreading to the list of accessory uses in the AG Core and AG Preserves sections, and excludes land spreading in the GR and VN Districts. Planner Buss noted that the County does not allow this activity in Shoreland districts, and recommended this information should be added to the City’s Shoreland Management Ordinance along with other amendments that will be considered in the future. Chair Maefsky opened the public hearing at 7:12 p.m. There were no comments and the hearing was closed. PUBLIC HEARING: AMENDMENTS TO DEVELOPMENT CODE REGARDING ACCESSORY STRUCTURES (SECTION 3.2), ENVIRONMENTAL REGULATIONS (SECTION 3.3), EXTERIOR STORAGE (SECTION 3.4), AND PARKING (SECTION 3.10) The Planning Commission had been reviewing changes to several ordinances that govern accessory structures, exterior storage and parking to help address problems of enforcement which could benefit application of the rules consistently across the City. Planner Buss summarized the draft ordinance that defines motor vehicle and large recreational vehicle (LRV), redefined yard definitions, allowing placement of storage buildings between the principal structure and roadway on small parcels without the need of a variance which may be screened as determined by the Zoning Administrator, and to clarify the accessory structure table with language regarding the garage exception for properties that have no attached garage. Planner Buss noted the highlighted paragraphs in the draft ordinance regarding parking of vehicles in residential and agriculture areas for further discussion. Chair Maefsky opened the public hearing at 7:27 p.m. Bruce Swenson, 22161 Oldfield Avenue, asked for clarification on the 72 hour limit for vehicle parking. Commissioner Loeffler explained that this applies to guest parking of vehicles within the yard space of a property. Planner Buss further explained that parking on driveways can be for any length of time, but this limits parking along ditches or grassy areas to no more than 3 days. It was noted that sentence 2 must be removed from paragraph (B) on page 8 (no vehicles may be continuously parked or stored outside for more than 72 hours), as there is no reason to enforce this statement. There were no further comments and Chair Maefsky closed the hearing at 7:31 p.m. DISCUSSION: AMENDMENTS TO DEVELOPMENT CODE REGARDING RURAL EVENT FACILITY REQUIREMENTS AND STANDARDS (CHAPTER 2, SECTION 4.32) Chair Maefsky commented that the change to clarify the Rural Event Activity Area was good, and the amendment covered all the noted changes. January 3, 2017 Scandia Planning Commission Page 3 of 4 Anderson, seconded by Loeffler, moved to recommend approval of amendments to the Development Code regarding Rural Event Facility requirements and standards (Chapter 2, Section 4.32) as presented. The motion carried 5-0. The recommended ordinance will be on the City Council’s January 17, 2017 agenda. DISCUSSION: AMENDMENTS TO DEVELOPMENT CODE REGARDING LAND SPREADING OF SEPTAGE (CHAPTER 2, SECTIONS 2.4, 2.5, 2.6, AND 2.7) Noyes, seconded by Squyres, moved to approve the amendments to the Development Code regarding land spreading of septage (Chapter 2, Sections 2.4, 2.5, 2.6, and 2.7). The motion carried 5-0. The recommended ordinance will be on the City Council’s January 17, 2017 agenda. DISCUSSION: AMENDMENTS TO DEVELOPMENT CODE REGARDING ACCESSORY STRUCTURES (SECTION 3.2), ENVIRONMENTAL REGULATIONS (SECTION 3.3), EXTERIOR STORAGE (SECTION 3.4), AND PARKING (SECTION 3.10) Paragraph (C) on page 8 exempts the storage of personal property or equipment on vacant lots without a permanent structure. Administrator Soltis noted that there are many examples of properties that have contiguous lots under one ownership, especially around the lakes, and it is not reasonable to restrict the owners’ use of the adjacent lots for storage. It was recommended to add language “unless vacant lot and adjoining lot are under common ownership”. Commissioners were in agreement to add this language to paragraph (C), and to (3)(A)1 on page 10 of the ordinance. It was agreed to remove paragraph (E) on page 9, the restriction of parking commercial vehicles, as many residents may be driving a contractor’s vehicle and parking it at their residence. Squyres, seconded by Loeffler, moved to approve the amendments to the Development Code regarding Accessory Structures (Section 3.2), Environmental Regulations (Section 3.3), Exterior Storage (Section 3.4), and Parking (Section 3.10) with the agreed upon changes. The motion carried 5-0. The recommended ordinance will be on the City Council’s January 17, 2017 agenda. FENCE AT THE FOREST LAKE HOLDCO COMMUNITY SOLAR GARDEN AT MANNING AVENUE AND HIGHWAY 97 At the December meeting, the Commissioners asked staff to clarify the type of fence that was to be installed at the solar garden located at Manning Avenue and Highway 97, as a chain link fence with barbed wire was installed this fall. Chair Maefsky recalled the applicants describing an agriculture type fence that wildlife could pass through and they gave an example of this in their presentation. Administrator Soltis stated that the conditional use permit issued for the solar January 3, 2017 Scandia Planning Commission Page 4 of 4 garden did not specify the type of fence to be installed, only that the fence is in accordance with the development code, which it is. Administrator Soltis will view the video from the meeting to establish whether or not the applicants misrepresented the type of fence that would be installed around the perimeter. Commissioner Noyes stated that this is a non-issue, as the fence will hardly be noticeable over time. ADDITION TO AGENDA: DAVID AND TIA SCHLUNDT, 19107 LAYTON AVENUE David and Tia Schlundt asked to discuss the development of their newly purchased lot at 19107 Layton Avenue. Ms. Schlundt explained that they purchased a vacant property where a variance was granted to the previous owners, and the variance, which was extended administratively and again by the Council, will be expiring in March 2017. They plan to submit a building permit in the next few months based on the conditions of the variance, but were concerned about what needs to occur before the variance expires. Staff noted that the variance must be in use by its expiration date. Due to the narrow time frame, staff recommended they request a one-year extension of the variance in order to allow them time to finalize their building plans. The initial variance was approved in 2013, administratively extended to 2015, and extended again by the Council to March 2017. Commissioner Loeffler recommended the Commission make a decision this evening, and the request could be formally presented to the Council at their next meeting. Noyes, seconded by Anderson, moved to recommend to the City Council a one-year extension of the variance for 19107 Layton Avenue. The motion carried 5-0. ADJOURNMENT Loeffler, seconded by Squyres, moved to adjourn the meeting. The motion carried 5-0. The meeting adjourned at 8:05 p.m. Respectfully submitted, Brenda Eklund Deputy Clerk