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4.b) Draft Ordinance No. 122, Amendment to Scandia Development Code Chapters 1 & 2 Meeting Date: 10/5/2010 Agenda Item: Bi��" �C�!"�� . ��� c��.���� Planning Commission/City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Hold a public hearing on Draft Ordinance No. 122, an Amendment to the Scandia Development Code Chapter 1—Administration and Chapter 2—Zoning. Deadline/Timeline: N/A Background: • Scandia adopted its Comprehensive Plan on March 17, 2009. State law requires that the city's "official controls" (which include all of the codes and ordinances relating to the development of land) must be made consistent with the plan within 9 months. • This is also the first update since Scandia changed its form of government from Township to City. The Administration Chapter, in particular, was based on the county code and needed significant changes to reflect the change. • The Planning Commission, City Council, staff and consultants have been working on the update of the Development Code since before the first work session was held in December, 2009. • The ordinance currently under consideration will replace Chapters 1 and 2 of the current code in their entirety. A new Zoning Map will also be adopted. • Chapter 3 of the Development Code, the subdivision regulations, is currently being drafted by staff and consultants and should be ready for review by the Planning Commission and Council later this year. The other Chapters of the Development Code(Chapter 4, Mining and Related Activities (2007); Chapter 5, Shoreland Management (2007); and Chapter 6, Floodplain Management (2008)) will remain in place. The City will continue to adopt by reference two chapters of the county code: Subsurface Sewage Treatment System (SSTS) Regulations, and the Lower St. Croix River Bluffland and Shoreland Management Regulations. • The update process included an open house-format public meeting on September 14, was attended by about 20 residents. Several Page 1 of 2 09/29/10 comments were received from residents who attended the meeting and/or reviewed the draft ordinance, which was available on the city's web site. Their comments are summarized on the attached chart, and all written communications are attached. • Staff has also noted a number of non-substantive edits (such as typographical errors) that will be corrected in the final draft for adoption. Other substantive changes identified by staff are included on the chart. Recommendation: Staff recommends that the Planning Commission hold the public hearing. We suggest we begin with a brief presentation/overview by City Planner Sherri Buss and then take public comments. After the public comments, you may wish to review the comments summarized on the chart and give direction for changes to the code. We recommend that you continue the hearing to the November 3, 2010 meeting. The public should be encouraged to make any additional comments not later than one week prior to that meeting (Tuesday, October 26) so that we can review them before the November 3 meeting. At the November meeting, staff and consultants will provide you with a"final" draft of the Code based on direction received at the hearing, along with any additional suggestions for changes that may arise from any other comments that are received. Attachments/ • List of Comments Received through September 30, 2010 Materials provided: . Comment letters from Grant & Christine Erickson, Gary & Dawn Gillespie, Bill Clapp and Jim Simpson ContaCt(s): Sherri Buss, TKDA (651) 292-4582 Prepared by: Anne Hurlburt, Administrator (development code public hearing) Page 2 of 2 09/29/10 Scandia Development Code Updates: Chapter 1—Administration and Chapter 2—Zoning Comments on Draft for Public Hearing Through September 30, 2010 • • � . �- • • . •. • 1 Staff Chapter 1,Section 6.6, Under the new code, unless the city specifically approves The first sentence of Chapter 1,Section 6.6 should be page 1-38 a different timeline,variances will expire unless the revised as follows: (expiration of variances) applicant commences the authorized use or "Un/ess the variance was approved prior to the effective improvement within one year. Extensions of up to two date of this Chapter, or the Board specifically approves a years are allowed. Variances issued under the current different time when oction is officially taken on the code did not have any expiration date.Staff identified ten request..." (10)variances approved within the last 10 years which have not been used. It is possible that the owners have abandoned their plans in several of these cases. However,there are several cases where variances necessary for new homes on shoreland lots have been approved within the last several years. Given that the variances were issued with no expectation that they would expire,the city should consider clarifying its intent regarding expiration of variances issued prior to adoption of the new code. 2 Staff Chapter 2,Section 2.4 In the AG-C,AP and GR Districts, "Feed and Seed Sales The Commission and Council should clarify their intent. (3)(E), page 2-3 and Accessory to an Agricultural Business" is an allowed Should all types of farms(such as a farm that produces Chapter 2,Section 2.5 accessory use. The only types of"agricultural crops or a dairy)be allowed to sell feed and seed as an (3)(D),page 2-6 and businesses"defined in the code are"agricultural accessory use? If so,then the text should be changed to Chapter 2,Section 2.6 business,seasonal"and "agricultural direct market read "Feed and Seed Sales Accessory to an Agricultural (3)(G),page 2-9 business." Are these the only types of agricultural Use" (Feed and Seed Sales enterprises than can sell feed and seed? Accessory to an Agricultural business) 3 Staff Chapter 2,Section 2.5, The City Attorney has reviewed the list of uses allowed in Only land enrolled in the Ag Preserves program will be page 2-7(uses in the AP district and questioned whether several of them placed in the AP zoning district. Uses must follow the Agricultural Preserves are consistent with the state Agricultural Preserves Law: statute. The listed uses should be eliminated from the AP District) • Recreation,Outdoor Private zoning district. • Wireless Communication Antennas and Towers • Horse Training Facility,Commercial(10 or fewer horses) 1 • • � • �' • • �' • •. • 4 Greg&Christine Chapter 2,Section 2.6(7), The Erickson's submitted a letter suggesting that the 20- The Ericksons make a good argument for reducing the Erickson page 2-11 foot side yard setback in the GR district be reduced to 10 side yard setback for smaller lots. The Commission and (side yard setbacks in GR, feet for lots smaller than 2 acres in size. They detailed a Council should discuss whether a change should be made General Rural district) problem they have with relocating a garage on their to the GR district and whether it should also be narrow, 1.28-acre lakeshore lot. implemented for smaller lots in other districts. Currently,the Shoreland Overlay district allows a 10-foot Even if the exception is added,the 20-foot side yard side yard setback for lots less than 1 acre in size on setback would continue to apply in Shoreland districts on Recreational Development Lakes(Big Marine, Bone& Natural Environment Lakes and Tributary Streams,until Sylvan) and unless an amendment would also be made to the Shoreland Overlay District. 5 Gary& Dawn Various sections— The Gillespie's sent a letter(attached)asking if they could The Planning Commission and Council should discuss Gillespie (exception to subdivide their property using an exception in the current whether or not this exception is appropriate to include in requirement for lot code(Section 3.3(2), Minimum Frontage on a Public the new code,and if so, under what circumstances it frontage on a public road) Road),which is not in the draft code. It reads as follows: should be allowed. (C) Exception:A property owner,with the consent of the Making exceptions to the road frontage standard and Township,may subdivide one new lot of 20 acres or greater in allowing what may become permanent private roads size with no or minimum public road frontage,with the seems to violate some of the basic requirements of the following requirements: code. Staff understands that this was an exception i. The property from which the parcel is to be subdivided crafted for a specific property owner in the past. There shall have a minimum of 40 acres. appear to be good reasons not to do this in the future. 2. A concept subdivision plan for the entire property shall be submitted showing future public road access for all of the �ssuing a variance to allow this to oCcur would probably parcels,including the subdivided parcel.The concept not be possible,as the current definition of a hardsh'Ip subdivision shall be determined to be feasible by the may not be met. Township. 3. No further subdivision of any of the parcels shall be permitted without the required public road access. 4. A right-of-way easement for access to the newly subdivided parcel shall be conveyed to the Township. 5. The right-of-way may be used for driveway access to the subdivided parcel but shall be maintained by the owner of the property served by it. 6. Any driveway to the subdivided parcel shall be constructed to Township standards to accommodate emergency vehicles. 7. The Township may require that the right-of-way easement conveyed to it be upgraded to Township public road ' 2 • • � • �' • • �' • •. • standards when the property is further subdivided. 8. A development agreement between the property owner and the Township must be recorded with the property ' covering the restrictions and obligations of this subdivision. 6 Bill Clapp Chapter 2,2.11/pages 2- "In the Comprehensive Plan it says that the Rural No changes are recommended. The Comprehensive Plan 24 through 2-28 Commercial districts shali be kept sort of as they are, not does not state that the Rural Commercial districts are to (Rural Commercial R- getting out of character with their historic uses or be"kept sort of as they are." New or different uses than COMM zoning district) neighboring uses. I don't see any of that language in the those that are existing or have historically occurred are Development Code. Can I assume that the Plan language allowed,and the plan allows for expansion of the will guide decision making on CUP applications on the commercial area on Manning. The Comprehensive Plan Abrahamson and Trails End and Manning Avenue states that the Rural Commercial Nodes future land use properties? Or should the Comp Plan language be area is intended to support commercial development in written into the Code?" places of historic commercial activity,and allow commercial uses reflecting the historic nature of the commercial node and compatible with the surrounding rural character. The list of allowed uses in the R-COMM district was written to be consistent with the plan. Because compliance with the Comprehensive Plan is the first criteria for review of all Conditional Use Permit(CUP) applications(see Chapter 1,8.4/page 1-41)no additional Code language is needed. 7 Staff Chapter 2,3.1(3)(F)/ The Commission&Council previously gave direction to Section 3.1(3)(F)on Page 2-31 provides a general page 2-31 exempt agricultural buildings such as barns and silos from exemption from the height limit for church spires, (height of accessory the provision that"all accessory structures...shall be chimneys,flag poles up to 45 feet in height and wind structures) limited to one story in height except by approva/of a generators. Rather than waiving the height limit, conditional use permit"(see Section 3.2(3)(A), page 2-32.) agricultural buildings including barns and silos could be A question has arisen whether such buildings should also added to this list. Or,a specific height limit could be be exempted from the height limits of the zoning district specified in the ordinance. This would require some in which they are located(i.e. 35 feet in the AG-C and GR research into the likely maximum height of a silo. districts.) 8 Jim Simpson Chapter 2,3.2(3)(B)/ The table of permitted square footage and number of Clarify that for parcels more than 80 acres the limit is a page 2-33 accessory buildings for lot sizes of more than 80 acres is total of 8,000 square feet for non-agricultural buildings, (size and number of confusing. but unlimited for agricultural buildings. accessory structures on parcels of 80 acres or larger) 3 • • � • �' • • �' • •. • 9 Jim Simpson Chapter 2,3.2 (3)(B)/ The permitted square footage and number of accessory Consider adding the following language to section 3.2(3): page 2-33 structures is based on a "lot",which is defined as the tax "(G) For the purpose of determining the size,number and (size, number and parcel. It is common for large farms to consist of several /ocation of agricultural buildings on farms 40.00 acres or location of accessory tax parcels,and may be owned by multipie family greater, the lotshall include oll contiguous tax parcels structures on farms of inembers or other entities owned by the family for many farmed os a unit as evidenced by common ownership multiple lots/tax parcels) reasons, including estate planning.They should be within a family or other entity comprised of some or all of treated as a single parcel for the purposes of this section. the family members, or a combination thereof. " Buildings need to be located within a farm where it makes the most sense for a successful operation,which may be a different tax parcel than the one with the principal structure. (Mr.Simpson was issued a Certificate of Compliance to allow this interpretation of the current code. Under the proposed code, staff would not be able to issue an Administrative Permit if it is not in strict compliance with the code.) 10 Staff Chapter 2,Section 3.6(4) Some additional language should be added to these two The following changes should be made in the final draft and (4)(A), page 2-39 paragraphs to clarify submission requirements for of the ordinance: (permit applications for grading plans. • At the end of paragraph(4),add: 'The first sheet of grading permits) the plans sholl give the location of the work and the name and address of the owner and the person who prepared the plans." • At the end of paragraph(4)(Aj,add: "The grading plan shall c/early indicate the proposed land disturbing activities. Both existing and proposed topography shall be shown. Drainage patterns shall be clearly shown using arrows depicting the direction of flow. Other information shall be shown as required by the City based on specific project characteristics." il Staff Chapter 2,Section 3.6(7); This section was modeled on a process used in another Staff recommends that violations of this section be pages 2-41 and 2-42 community,where permit applicants may appeal a stop handled without the appeals process in the draft code. (enforcement of land work order and provide documentation of compliance to The city would simply issue stop work orders,and inspect alteration and grading the enforcement official in lieu of an inspection by the to determine compliance before allowing work to requirements) City. proceed. Paragraph (7)(D)should be deleted,and paragraph 7(F)should be revised to state that"If the applicant corrects the identified violations within the designated period, the applicant may immediotely commence further activity at the site. The City will inspect the site to verify correction of the violations." 4 • • ' • �- • • • �. • 12 Staff Chapter 2,Section 3.7 The draft code specifies that the lowest ground floor Staff recommends that the standard be changed to three (4)(G), page 2-44 elevation of a structure adjacent to a landlocked basin feet before the code is adopted,to be consistent with (stormwater shall be a minimum of five feet above the calculated high watershed district requirements. - management design water level. This is inconsistent with the requirements of criteria) the city's watershed districts,which require a minimum of three feet. 13 Staff Chapter 2,Section 3.7 This section prohibits illicit discharges to the storm sewer Even though it is unlikely that enforcement actions would (6)(A), page 2-44 system or a surface water body;exceptions are made for be taken for these activities, staff suggests an additional (stormwater non-stormwater discharges authorized by an MPCA exception be added to this section as follows: management,illicit permit or associated with firefighting or other public "3. Is associoted with normal household activities such os discharges and safety activities. car washing,lawn watering or draining a swimming connections) pool." 14 Jim Simpson Chapter 2,3.12(4)(G)/ Mr.Simpson questions whether it is appropriate to limit No change is recommended. The list of trees is an pages 2-61 through 2-62 or suggest"native only"trees. The push by some for update of the current code. It follows NR Policy 7.1 in (recommended list of "native only"trees is a marketing tactic.There are many the 2030 Comprehensive Plan,which states: Encourage native trees for wonderful trees that are proven,solid,low maintenance public and private development to landscape with landscaping and (low cost), long-term varieties that are not on the list. noninvasive, native species. The City's Design Guidelines screening) Suggested that instead of including the list that the city also encourage the use of native plants and native could reference materials from the University of landscapes to maintain the rural and historic character of Minnesota Extension Service that list trees recommended the City. Use of native species in landscape plans is not for Minnesota. Nurseries in Scandia are growing trees mandated in the revised ordinance, but rather the list of that are not on the list but are approved by the recommended plant materials includes native species, U of M for our growing zone. cultivars of native species,and non-invasive plant materials. If a tree not on the list would be proposed in a landscape plan,the City could review the species at that time to determine whether it is consistent with the plan, the code and the design guidelines. 15 Staff Chapter 2,Section 3.13 The current and draft codes contain the following: This section should be deleted. (4)(P), page 2-66 "Any sign for which no permit has been issued shall be (general standards for taken down and removed by the owner,agent or person signs) having the beneficial use of the building, or/and upon which the sign may be found within thirty(30)days after written notice from the Zoning Administrotor." This language is a problem for a couple of reasons. It is somewhat unclear what signs it applies to;not all signs require permits. And it appears to allow 30 days for a property owner to remove an illegal sign,restricting enforcement. S • • � • �' • • �' • •. • 16 Staff Chapter 2,Section 4.9, Other than requiring setbacks be met,the only This provision should be eliminated. There are other page 2-72 performance standard for government uses,buildings sections of the ordinance that cover exterior storage and (government uses, and storage is that "the site shall be landscoped to screen landscaping and screening,which such facilities would be buildings and storage) the facility from view from property lines and road." It is subject to. Since the only other requirement is that not practical to expect that the entire"facility" (including setbacks must be met,Section 4.9 can be deleted buildings)be screened completely from view. completely. 6 ��. sePtember 2�, 2010 RECEI\/ED �;_�� '> �rfli�� Grant& Christine Erickson 13090 182°`' Street N CITY OF SCANDIA Marine On St. Croi� MN 55047 Scandia City Council and Planning Commission 14727 209th St. N. Scandia, MN 55073 Re: Development Code Amendment Request Dear Scandia City Council Members, We are writing this letter to express concern regarding the proposed development code changes scheduled to be finalized and adopted at the November 3 City Council meeting. During this period of public comment, we would like to take the opportunity to request that the Council and Planning commission revisit the General Rural Setback requirements and add an additional classification for those property owners who do not meet the minimum 2 acre lot size that is currently in the zoning ordinances. Because of the recent Minnesota Supreme Court ruling on granting variances, we believe that if this component of the ordinances is not addressed now, this will cause undue hardship and unfair restrictions to those properiy owners that have smaller parcels of land than current restrictions. Our understanding is that in the past, property owners under the 2 acre lot size have routinely requested variances from the 20 foot side setback requirements, and in many cases, these variances were granted and justified. However, given the new case law that exists with the recent Minnetonka Supreme Court Ruling, going forward these variances will be e�remely difficult, if not impossible, to obtain. Because of this, we believe that now is the time to act in order to preserve our rights as t�payers, while still maintaining adequate controls over the City's development vision. In reading through the current zoning ordinances, we agree that any lot of a size of 2 acres and over should be able to easily fit any development requirements within the 20 foot side setbacks. However, on lots that are less than 2 acres, this may not always be possible due to the shape and size of the property. Because of this, we would like to propose that an additional classification be added to address the setback variances for lots under the two acre minimum. Specifically, we would like the City Council to update the Development code so that a 10 foot side variance is the standard allowed side setback on lots under 2 acres in the General Rural District. As to why we are requesting this change, we would like the City Council to consider our current circumstances as an example. It is our wish that the Council reflect on how not acting on this requested change will impact future Council members in their decision making, as well as other citizens who are in similar circumstances to our own in the future. We currently live in the Big Lake Addition on Big Marine Lake. These lots are a little over an acre in size and are long and nanow. Ours is 1.28 acres. The homes on them were built many years ago. Many of them, such as ours, started as cabins and then were added onto over time to become year round homes. Because of the age of the area, the neighborhood does not meet many of the City's current zoning ordinances, with many of the structures being "grandfathered in" on the properties in our neighborhood. One such requirement not met is the minimum lot size of two acres for our District. Our property has a detached garage that was built by the previous homeowner in 1998. This garage does meet the 20 foot setback requirements. However, to do so, the previous landowner needed to build the garage in almost the center of the property, which unfortunately is a low spot. We are including a diagram of our property so that the Council Members have a better idea of our lot layout. Since we have moved into our home, we have since deternuned that this garage is built on an area that contains springs. The low land behind the garage is perpetually wet, even in the driest of months. This is causing the garage to sink over time. In addition, due to the amount of moisture in the soil(which depends on the season), the garage shifts constantly. We have found that the worst season is the winter, as the garage apron actually becomes higher than the garage itself and the garage tilts backwards and fills with water and ice. During spring thaws our entire garage has been filled with 2 inches of water from the front of the garage doors to the back wall. Because of the repeated flooding, and standing water in it, the wood is now starting to rot. Over time, we fear that the garage will become structurally unsound. Needless to say, this is not what we would expect for a garage only 12 years old. However, because of how serious the situation has become, we do feel that we have no alternative but to remedy it by moving it to a better spot within our property. Not exactly a planned expenditure when we bought the properiy, and one we would prefer to avoid if there was any way of doing so. However, after talking with many contractors, this is the unfortunate conclusion that we have reached. As we consider our alternatives on where to move the garage given the current 20 foot side setback requirements, we have found we really have very limited options to do this without requesting a variance from the City. Hence our dilemma and the request in this letter, since our understanding that coming to the City Council to request a variance will no longer be an option for us (or any other property owner in our situation) going forward. If we were to follow the current restrictions that apply to the two acre lot size and larger, our only option is to move the garage to the right approximately 20 feet. This creates new challenges for us that we are not sure how to solve for it, i.e: 1. It would place the garage directly in front of our home blocking our main entry door. Not only would the aesthetics be extremely poor, but this could potentially cause a safety issue in the event of a fire or other emergency if our main door was not readily identifiable and accessible from the street. 2. It would obstruct our driveway, causing us to have to tear it up and re-route it to gain entry to the garage in its new location. Because of this, it may force us to cut down the majority of our oak trees in our front yard (thus running counter to a different ordinance) and also potentially add onto the impermeable surface coverage since the driveway would now be winding, rather than a straight shot into the property. However, our options increase with a ten foot side setback. If this were the standard setback, we would be able to move it to a similar location in front of aur house but 10 feet off of the property line on the eastern side of our properry. This would preserve the majority of the trees on our property, maintain a view of our main door facing the street, and preserve the majority of our current driveway, thus limiting any change in the impermeable surface on the property. We have included additional diagrams to show both of these options in order to give you a sense of the changes. Our conclusion is that the best way to solve for cases such as ours, where any future variance requests that would no longer be legally allowed, is to add the additional classification of property to the Zoning District and lesson the setback restrictions for properties under the two acre minimum lot size. In this way, the City and Property Owners will have more options to work with when dealing with the smaller lot sizes. We believe that the rnajority of property owners, including ourselves, can easily work within a ten foot side setback restriction, whereas a twenty foot setback may cause undue hardship on the smaller property sizes. In addition, as we look at Qur current neighborhood, we can't help but notice that in many cases, the current 20 foot setback is not honared due to the age of the neighborhood. By granting this additional classification, we believe that you would not be changing the character of a neighborhood because even a ten foot side setback restriction is in many cases more restrictive than what was in place many years ago with existing structures that are now grandfathered into the current code. Alternatively, by not granting this change, there may be unforeseen consequences if property owners are not allowed options through this lesser side setback, such as deforestation of lots and aesthetic impairment of a property that goes counter to what the development code is trying to accomplish. We respectfully request that the Council review our request for this change and have some thoughtful discussion on it. We believe this is the most cost effective solution for the people of the City, and a timely change given the phase that the development code proposal is currently in. If our request is not granted, we would like the Council Members and Planning Commission to help us understand what our options are as property owners going forward under a new legal reality of limited variance granting�, since we are in somewhat of a bind. We do plan on attending the public hearing at the October 5 planning meeting, and will be addressing the Council and Planning Commission at that time. We are open to dialog on this topic, and look forward to speaking with all of you about our proposed change at that time. Thanks for your time and consideration. Sincerely, � ,,��`.�' ' /� ^ �,� . �� ��.��.-�. ���u��� Grant Erickson Christine Erickson CURRENT LOT DIAGRAM Big Marine Lake Home Drive�vati- _ - - - , � � �� � � Spririgs � ; Garage ', Area � � ; � ; ; ; ; ; Heavily Treed Area Driveway Septic 182°`� Street 20 FT SETBACK DILEMMA Big Marine Lake Home - ---- - Drive�va}- �. ; Springs �; ', Area � Garage Heavily Treed Area Driveway Septic l 82na Street PROPOSED 10 FT SETBACK DRAWING Big Marine Lake Home Drivewa�- Springs Garage Area Heavily Treed Area Driveway Septic ]82n`� Street . . 10 a�. �-. � a f2 �j �Y �.' �/Iwni �iCL�=Sj�/ � + 7 , � C> 2 �iC� O ��rr�J� T�2. I"I �i2���� /'°?n� s�5 a `� 7 v.��- y.j 3 -�7��r s`�t � Z�` o RECEIVED `�:-� �►►�;'� S TC-uC-� T N��k�f CITY OF SCANDIA �3�: c �i, w� � ���� ,� L � �! 7Z 7 zd4fi� 5t, M� . 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The proposed zoning map shows them as a Rural Commercial zone. But it looks like the Riverway overlay district overlays that orange piece. If so, then I am okay, because the overlay district's stricter limits on uses would apply. The commercial uses there now would be treated as nonconforming uses. But if the riverway district does not overlay the orange piece, then I have a problem. Can you tell me whether it does or not? Thank you. Also, in the Comprehensive Plan it says that the Rural Commercial districts shall be kept sort of as they are, not getting out of character with their historic uses or neighboring uses. I don't see any of that language in the Development Code. Can I assume that the Plan language will guide decision making on CUP applications on the Abrahamson and Trails End and Manning Avenue properties? Or should the Comp Plan language be written into the Code? Bi11= i � � � /y �, �_,. , Anne Hurlburt From: Jim Simpson [jim@headnut.com] Sent: Tuesday, September 21, 2010 11:10 AM To: Anne Hurlburt Cc: Dennis Seefeldt Subject: Development code update comments City of Scandia As a resident of Scandia l would like to draw your attention to some concerns I have regarding the City of Scandia Development code update. 1.On page 2-33(B)of the draft document regarding allowed square footage of accessory buildings it states: "More than 80 acres=8,000 SF" Then directly below that it states: "Agricultural buildings on parcels 80.00 acres or greater+unlimited SF" So if I have 81 acres which is it-8,000 or unlimited? 2.If I read the development code draft it technically says accessory building size is dependent on the"lot size"the building is to be built on. According to the draft,a"IoY'is a parcel. This is a problem because many of the farms in Scandia are owned by multiple family members or entities owned by the family for many reasons including estate planning purposes etc,and most farms in Scandia are certainly more then one parcel.The way the draft is written is too limited. Buildings need to be located within a farm where it makes the most sense for a successful operation.When I worked on the new Green Acres program the state had the same issues totaling up acres within a family farm. In the end they wrote the statute in a way that makes more sense,I would suggest Scandia counts contiguous ownership within a family for building SF limits.I just spoke to Lynne Freezy,Senior Real Estate Technician from Washington County to confirm how they view it.She said they use"common sense"when counting acres on a given farm,they never look at individual parcels and look beyond entity ownership of given parcels within a family farm. Here is a link to the Green Acres ownership requirements found on page two of this document: htta�//washinqton minnesotaassessors com/areenacres fsheet 20090611 pdf 3.Trees While I appreciate the"recommended"list of trees in chapter two(G), I think it is a mistake to limit,or suggest"native only"trees in any way shape or form.The majority of trees on the list are natives.As a grower of both native and non-native trees for 25 years I completely understand the push by some for"native only"trees,but I view it as a marketing tactic.There are many wonderFul trees that are proven,solid,low maintenance(low cost),long- term varieties that are not on your list.Below is the link to U of M recommended tree lists for MN,which I suggest you point people to in the code book, they are a leading horticulture University and keep the list current.I think by even vaguely suggesting to limit planting to only natives the city is asking for trouble...unless you are willing to back it up with sound research and are willing to update the list every two years. I'm sure you don't have time for that. There are thousands and thousands of trees currently being grown at nurseries in Scandia that are not on your list but approved by the U of M for our growing zone. Heck the U of M created several of them! Please help support Scandia farmers. htto�//www extension.umn.edu/distribution/naturalresources/M1277.html Thank you. Jim Simpson iim(ilheadnut.com Jim Simpson 23393 Nolan Ave N Scandia,MN 55073 Cell 612-770-2222 Fax 651-433-8181 1