Loading...
09.b Draft minutes 10-07-2025 Planning Commission October 7, 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 7:04 p.m. The following were in attendance: Commissioners Mary Cullen, Laszlo Fodor, Jan Hogle, and Chair Travis Loeffler. Absent: Planning 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. Hogle. seconded by Fodor, moved to approve the September 2, 2025 minutes as presented. The motion carried unanimously. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A 5-MEGAWATT DISTRIBUTION SOLAR ENERGY SYSTEM AT 11522 MAYBERRY TRAIL NORTH. APPLICANT NEW ENERGY EQUITY, LLC Planner Hofer presented the request for a Conditional Use Permit for a Distribution Solar Energy System at 11522 Mayberry Trail, property owned by the Dean Barr Trust. Brian Keenan was present representing applicant New Energy Equity. The property is 72.4 acres in size and zoned Ag-Core, with a portion in the Shoreland Overlay of Big Marine Lake, and within the Solar Energy Overlay District. The project will be a 5 MW Community Solar Garden encompassing 38.36 acres of the property. Planner Hofer described the site plan. The applicant is proposing 6 poles with 2 of the poles within the 500’ setback from the street. Overhead wires will run from the street north to the solar panel site approximately 582’. The existing vegetation, windrows of blue spruce trees, will be cleared from the project area. Screening from Mayberry Trail is proposed with a fence of scenic canvas and two rows of coniferous trees along the southern boundary. Hofer noted that a recently revised landscape plan from the applicant meets the standards of the Unified Development Code. Planner Hofer concluded that the application is generally consistent with the Comp Plan and UDC, however aspects of the proposal are inconsistent with some requirements of the UDC. Hofer listed these inconsistencies as: 1. Location of poles within the setback area. 2. Proposed screening rendering shows a gap of an existing path with a view of the solar panels from the existing homesite. 3. Overhead wires within the setback area between the poles on the site. Scandia Planning Commission October 7, 2025 Page 2 of 9 4. The glare analysis shows a chance for glare to the north. Planner Hofer explained that the standard for pole placement has historically not counted poles within the right-of-way towards the total number of poles within the setback area. There is one existing pole in the right-of-way that will be replaced with this project, leaving the second pole as the one allowed pole in the 500’ setback area. Hofer recommended the Commissioners discuss this standard. Planner Hofer added that the glare analysis did not account for offsite screening to the north, and may not be a significant issue. If glare is reported, a condition of the CUP will mandate the applicant to address any glare. Planner Hofer recommended opening the public hearing to receive comments, but to table the request for further review due to the conflicts with the UDC. For these reasons, Hofer said he is unable to recommend approval. Hofer said if new information from the applicant addresses the conflicts and the Commission concurs with the applicant on how to apply the standards, the Commission may recommend approval and will need to establish findings to address the conflicts. Fodor, seconded by Hogle, moved to open the public hearing. Motion carried 4-0. The public hearing opened at 7:13 p.m. Brandon Wendorf, 11715 Scandia Trail, property to the north. Said he has concerns about maintenance on the solar farm that is directly to the north of this proposed solar farm. Wendorf said it was problematic to try and notify the operator that the panels were not rotating to follow the sun after a storm this summer. A call to city staff resolved the malfunctioning equipment by the city’s outreach to the operator. Chair Loeffler noted that this application is for a different project, but having current contact information posted at a solar project site should be mandatory. Jeff Holker, 13140 196th Street. Holker said this project site is close to Big Marine Lake; will any of the site including the poles be visible from the lake? How long is the city’s approval good for, as he is aware that Xcel Energy has a 24-month waiting period to even look at solar applications. Planner Hofer replied that CUPs allow for one year to start the project and can be extended up to two additional years as long as the applicant is making good efforts to move the project forward. Chair Loeffler stated that setbacks and views will be discussed by the Commission following the public hearing. Brent Keenan, applicant New Energy Equity: Keenan stated that his company is a MN based developer of solar farms. The solar installations are designed to be removed after a 25-year lifespan. Keenan described the benefits of solar as it helps the local grid and provides pollinator habitat. The panels will rotate for better production and have less glare issues. Regarding maintenance, having a motor not working to rotate the panels is not a safety issue; repairs are typically done on a quarterly basis. There were no additional comments. Scandia Planning Commission October 7, 2025 Page 3 of 9 Hogle, seconded by Fodor, moved to close the hearing. Motion carried 4-0. The public hearing closed at 7:27 p.m. Commissioner Cullen noted the staff report listed conflicts with Unified Development Code and asked Planner Hofer to explain. Planner Hofer said that pole placement for this application is not inconsistent with past approvals, but he’s bringing to the Commission’s attention the UDC standards to limit poles to one in the setback. This is the way the language is written in the UDC and past approvals have not counted a pole in the street right-of-way. Chair Loeffler asked the Commissioners if they are okay not counting the pole in the ROW but counting the one pole that is halfway back to the site. Loeffler listed the other items to discuss being the gap in screening based on the visual representation, the overhead lines, and the glare. Loeffler said it appears the glare issue has been resolved. Planner Hofer said the UDC requires that lines that serve the project must be buried unless exceptions are made for bedrock or topography, saying underground lines eliminate visual disruptions in the ROW. Hofer said the applicant explained that if lines can be buried up front, it may change the pole placement. Chair Loeffler asked if potential glare to the north gives the Commissioners any concerns. Commissioner Hogle said if there are issues of glare, this can be addressed in the future. Planner Hofer said yes, a condition to require off-site screening can address this if glare is an issue. Loeffler said this is not enough of a concern to hold up the application. Regarding the gap in screening based on a visual rendering, Chair Loeffler said they couldn’t locate this gap on the site visit. Commissioners agreed this is not an issue. Chair Loeffler addressed the question about views from Big Marine Lake, saying one cannot see the lake from this site. Existing utility lines are part of the landscape already, especially Xcel’s phase 3 lines. Loeffler said it would be good to bury the lines being shown on the plans as overhead lines. Mr. Keenan said they do prefer to bury lines, but this section in blue is outside of the solar panel area and is owned and operated by Xcel Energy, saying Xcel prefers overhead lines unless certain circumstances prohibit this. Chair Loeffler asked is this a circumstance of concern if Xcel cannot bury the lines? Planner Hofer stated that the city’s standards are difficult to meet, and the distance between poles is a factor. If the city requires lines to be buried, Xcel will use their standards to determine if this can be done. Hofer said it is difficult to get this information from the utility. Scandia Planning Commission October 7, 2025 Page 4 of 9 Commissioner Cullen stated that the issue is not what Xcel will or will not do with the lines but rather what the city will require or not require. Planner Hofer said this is a valid point and he recommends a condition of approval that the lines must be buried and to see if Xcel responds. Hofer said Xcel designs connections after local approval and this leaves an unknown for now. Mr. Keenan confirmed that the interconnection design begins after local approval. Keenan explained that they look at pole placement quite a bit. The existing ROW pole will be replaced and a second pole will be further back. The remaining poles will be located beyond the 500’ setback and placed to blend in with the line of trees. If lines are buried, it would necessitate another pole in the ROW. Keenan said they work with the utility to design the project to meet the intent of the ordinance to protect public viewshed. Chair Loeffler asked if the Commission requires below grade wires, are we okay with a second pole adjacent to the first pole. Commissioner Hogle said it’s better to have the plan as designed, being less conspicuous, than a second pole next to the first pole in the ROW. Hogle said she sees this as meeting the intent to protect the viewshed. Planner Hofer stated that the city is bound by the UDC standards as they are written as much as the applicant is. If Xcel is saying they cannot bury the lines, they need to come to a meeting with the city to explain. Hofer said the ordinance could be amended following a conversation with Xcel if needed. Chair Loeffler said he is ready to move forward with a recommendation. Loeffler said there is an application for another solar project in town which is going forward with below grade lines, with Xcel as the provider. Loeffler, seconded by Hogle, moved to approve the request for a CUP for a DSES with staff recommendations as amended with the gap screening and glare issues resolved, with the understanding that wires be underground, and up to one additional pole allowed outside of the existing pole that will be replaced. Planner Hofer said he has a concern about a having a response from Xcel on whether or not lines can be underground within the statutory 120 days for a decision by the city. Hofer said the Commission made the appropriate motions with conditions which are consistent with the UDC. If this doesn’t work, that is a problem for the future which cannot be identified at this time. Commissioner Cullen asked why non-native trees do not need to be replaced. Planner Hofer said the applicant submitted a tree inventory listing all blue spruce and one pine tree species on the site which he cannot make a statement against. The Woodland Preservation ordinance only addresses replacement of significant woodlands; blue spruce, a non-native conifer, is not considered a significant tree. Cullen said she is concerned about the loss of trees on the site. Chair Loeffler said the applicant made a broad statement backed up with a study by a certified arborist. There are deciduous trees on the outside of the wind rows; do we do our own study to Scandia Planning Commission October 7, 2025 Page 5 of 9 confirm? Is this relevant considering all the trees that will be planted for screening? Planner Hofer noted that the trees being planted for screening cannot be counted for replacement. Commissioner Cullen said the point of the woodland preservation plan is to preserve rural and natural landscape; tree removal on this level should require something. Cullen said this is a critical issue for the community. Administrator Morell provided the definition from the UDC of a significant tree. A non-native species is not considered valuable to protect. Morell said the Commission could consider adding non-native trees to the definition as an amendment to the ordinance in the future. Chair Loeffler called for a vote on the Loeffler/Hogle motion. The motion carried 4-0 by a roll call vote. The recommendation to approve a Conditional Use Permit for a DSES at 11522 Mayberry Trail will be presented to the City Council at their meeting on October 21, 2025. PUBLIC HEARING: AMENDMENT TO THE UNIFIED DEVELOPMENT CODE SECTION 153.400.100 SIGNS Planner Hofer presented a draft amendment to allow dynamic display signs, also known as animated signs, in certain parts of the city as directed by the City Council in response to a request from a local business. The Council directed staff to study an amendment and to hear comments from the public. Planner Hofer explained that the draft ordinance adds a section for dynamic display signs with standards that a Conditional Use Permit is required, only allowed along arterial streets, shall not exceed 24 square feet, have a minimum duration to display a message, have auto dimming devices and a cutoff, lighting limits, and not permitted as a window sign. Planner Hofer said this is also an opportunity to amend language in the sign ordinance for temporary sign limits and for monument signage based on the limit of eight feet in height. Planner Hofer recommended approval of the draft ordinance with any amendments the Commissioners deem necessary. Hogle, seconded by Fodor, moved to open the public hearing. Motion carried 4-0. The public hearing opened at 8:15 p.m. Administrator Morell explained that this request came from Federated Coop, and there have been similar requests from other groups. Planner Hofer clarified that the business is not an applicant for the UDC amendment but rather initiated by the City Council. There were no further comments. Hogle, seconded by Fodor, moved to close the hearing. Motion carried 4-0. Scandia Planning Commission October 7, 2025 Page 6 of 9 The public hearing closed at 8:17 p.m. Commissioner Cullen asked who did Federated Coop reach out to? Administrator Morell explained that Elim Church and the elementary school have also asked about this type of sign at the administrative level. Federated Coop submitted a Request for Action to the City Council, upon which Council asked staff to draft language to potentially allow signs likes this and see what Planning Commission and public input is. Morell said the Council made no suggestions or opinions. Commissioner Cullen said the city has the Comprehensive Plan to govern how the community develops; right now, there is a ban on these signs. Cullen asked should this be changed? Is it consistent with the Comp Plan? Cullen sated that there is much language in the Comp Plan that supports the ban, and provided a written memo which was entered into the record. Cullen said if it is an economic rationale, there is no basis in the Comp Plan to change the Unified Development Code. Cullen said this is not a land use issue, but a communication issue for the business. Cullen concluded saying the Comp Plan does not support this amendment, and it is inconsistent with the Comp Plan. Commissioner Fodor asked where did the standards for the amendment come from? Planner Hofer explained that the limit of 24 square feet was related to the request. The lighting and messaging standards are general standards for safe driving. Chair Loeffler said he agrees with the Comp Plan goals of preserving open spaces, promoting dark skies, and protecting rural design standards. Loeffler said digital displays do not align with that. Loeffler said the sign ordinance was talked about 10 years ago; the city has these existing sign standards and should preserve these which cannot be amended for economic reasons alone. Loeffler said putting up a dynamic sign is an economic tool; a business can use other ways to promote their business and pitch what you are saying. Loeffler said he doesn’t want to go down this road. Cullen, seconded by Fodor, moved to have the Planning Commission oppose the draft amendment to the sign ordinance and to not allow digital signs. Planner Hofer said there are many aspects of the Comp Plan that advocate for rural character and business support. An ordinance can have elements that support both. Commissioner Hogle said this amendment goes against the goal of dark skies, and is not so much a rural issue. The Comp Plan is addressing lighting standards to preserve dark skies. Hogle said communication is important for businesses, the church and school, and they can communicate with a sign but not a digital one. Chair Loeffler said he counted 21 businesses along these arterial roads that could have this type of sign. Loeffler said there is one business in town with this type of sign that did not get approval by the Planning Commission and should be addressed by the Council. Scandia Planning Commission October 7, 2025 Page 7 of 9 Chair Loeffler called for a vote on the Cullen/Fodor motion. By a roll call vote, the motion carried 4-0 to not recommend a change to the sign ordinance. The recommendation to oppose amendments to the sign ordinance will be presented to the City Council at their meeting on October 21, 2025. PUBLIC HEARING: AMENDMENT TO THE UNIFIED DEVELOPMENT CODE SECTION 153.400.060 LANDSCAPING, BUFFERING AND FENCES Planner Hofer introduced a draft amendment which would add standards for nonresidential fences. Staff prepared the amendment based on the new odorizer facility being constructed on 180th Street which requires security fencing with barbed wire. The existing fence standards have restrictions that would not allow for the fence needed for security purposes. Hofer explained that it is more appropriate to do a code amendment rather than a variance, as the purpose is related to security and not a practical difficulty with the UDC. Planner Hofer explained that the amendment language clarifies and reorganizes text, adds new language to allow a 6-foot nonresidential fence up to the right-of-way, and includes a standard for barbed wire to not count towards the height of the fence provided the wire is no taller than one foot six inches above the top of the fence. Hofer noted that nonresidential fences may only be located on lots with nonresidential uses, and said the Commission may want to consider further restricting to the IP district and for Essential Services as defined in the UDC. Planner Hofer recommended the Commission hold the public hearing, discuss the amendments and recommend approval with any amendments deemed necessary. Hogle, seconded by Fodor, moved to open the public hearing. Motion carried 4-0. The public hearing opened at 8:42 p.m. There were no public comments. Hogle, seconded by Fodor, moved to close the public hearing. Motion carried 4-0. Commissioner Hogle asked if agricultural property is allowed to put up an 8-foot deer fence, or would a variance be needed? Planner Hofer explained that if there is no principal structure, the property cannot have a fence over 8 feet in height. If there is a principal structure, a fence 8-feet in height must be located behind the principal structure. Chair Loeffler said it would be better to address fencing per each request rather than change the ordinance. Loeffler said he is concerned it will open up a can of worms. Commissioner Cullen said that trying to solve a problem may lead to other problems. Planner Hofer said the draft language addresses other standards in the ordinance to provide more clarity, considered housekeeping items. Scandia Planning Commission October 7, 2025 Page 8 of 9 Administrator Morell stated that staff recommends a change to the ordinance for an essential service as a simpler change rather than future variances, if this is an acceptable height. Allowing for a front yard fence height would eliminate future variances. Commissioner Cullen asked staff to simplify the language. Administrator Morell said a revision can be brought back to allow flexibility with a height allowance. Loeffler, seconded by Fodor, moved to table UDC amendments for fence standards. Motion carried 4-0 by a roll call vote. CONDITIONAL USE PERMIT EXTENSIONS FOR 10929 SCANDIA TRAIL NORTH – SUNVEST SOLAR AND GORDIAN ENERGY SYSTEMS Planner Hofer presented requests for extensions of Conditional Use Permits for two solar farms on the same parcel at 10929 Scandia Trail North, approved in 2023 with Resolution Nos. 10-17- 23-03 and 10-17-23-05. Last year, the CUPs were administratively approved for one additional year to October 2025. Hofer explained that an additional extension requires consideration by the Planning Commission and approval by the City Council. Planner Hofer said the applicants have showed good faith efforts to complete the use by continuing to work through design elements on the site that were required to be revised. Hofer recommended approval of a one-year extension to CUPs for Sunvest Solar and Gordian Energy Systems through October 2026. Commissioner Hogle stated that if the developers are proceeding in good faith, she sees no issues to extend for another year. Loeffler, seconded by Hogle, moved to approve extension of the CUPs for one additional year. Motion carried 4-0 by a roll call vote. The recommendation to approve a one-year extension to CUPs for solar farms at 10929 Scandia Trail North will be presented to the City Council at their meeting on October 21, 2025. MEMO ON EXPANSION OF NON-CONFORMING STRUCTURES Planner Hofer introduced a staff memo on expansion of non-conforming structures as requested by Commissioner Rynders. Due to Rynders absence, the Commission will discuss the memo next month. Administrator Morell asked the Commissioners to direct any questions to staff before the next meeting and communication will be provided at the meeting. CITY COUNCIL UPDATES Council member Libby reported that at the September 16th Council meeting they discussed the city’s ditch mowing policy and approved a preliminary budget levy of $3,223,111. Scandia Planning Commission October 7, 2025 Page 9 of 9 Council member Libby spoke to the sign issue, saying the Council is being respectful of what should come to the Planning Commission, with this issue leaning towards economic development for the city. Libby said she wants to be clear with what goes back and forth to the City Council and Planning Commission. Libby said there is a subjective way to look at Comp Plan goals, with this draft amendment for signs being sent to the Planning Commission without a recommendation from the City Council. FUTURE ITEMS: Next meeting – November 4, 2025 Planner Hofer reported that there are no scheduled applications at this time, ADJOURNMENT Hogle, seconded by Fodor, moved to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 9:08 p.m. Respectfully submitted, Brenda Eklund, City Clerk