7.b 1 Draft minutes of the August 7, 2018 Planning Commission meetingAugust 7, 2018
The Scandia Planning Commission held their regular monthly meeting on the above date.
The following were in attendance: Commissioners Jan Hogle, Perry Rynders, Travis Loeffler and
Chair Dan Squyres. Absent: Commissioner Greg Amundson. Staff present: City Planner Sherri
Buss, City Administrator Neil Soltis and Treasurer Colleen Firkus. Council member Chris Ness
was present also.
Chair Squyres called the meeting to order at 7:00 p.m.
APPROVAL OF AGENDA, MINUTES
Introduction of newly appointed Planning Commissioner Perry Rynders was added as Agenda
Item 3.b). Hogle, seconded by Loeffler, moved to approve the agenda. The motion carried 4-
0.
Loeffler, seconded by Rynders, moved to approve the June 5, 2018 meeting minutes as
presented. The motion carried 4-0.
PUBLIC HEARING: VARIANCE FOR SEPTIC SYSTEM AT 23209 ST CROIX Trail,
NATIONAL PARK SERVICE, APPLICANT. (PCRESOLUTIONNO. 08-07-18-01)
The National Park Service (NPS) submitted a Sewage Treatment System Permit application to
Washington County to replace an existing subsurface septic treatment system (SSTS). The
County is willing to approve the design of the system, but noted that the proposed location does
not meet the City's 40 -foot setback from the bluff line. Planner Buss reported that the existing
system includes one tank and a cistern on the edge of the bluff. The new system will include 2
tanks further from the bluff and then a forced line to a drain field. There is no location on the
property that would allow installation of the proposed system on suitable soils where it would
meet the bluff setback requirement. Planner Buss reviewed the criteria for approving a variance
noting that these would be met. Buss recommended approval of a variance to permit the
replacement of the existing subsurface septic treatment system with conditions. The City
Engineer commented that the applicant needs to obtain a Grading/Land Alteration Permit for
drainage issues and best management practices for erosion and sediment control. Comments
submitted by MnDNR and the Carnelian Marine Watershed District supported the approval of
the variance.
Squyres call for public comments. There were no public comments.
A site visit indicates the existing cistern is right on the edge of the bluff, and the new tank is
approximately 5 feet from the bluff. Commission members asked for clarification on the amount
of the setback. Since Buss did not have a survey, and estimated the variance as 20 feet. It was
suggested the tank could be placed in the driveway circle to achieve the 20 feet setback. Since
there is a real need to replace the system and the site is very limited due to the driveway, the
Commission recommended the language be modified to maximize the distance from the bluff.
Loeffler, seconded by Rynders, moved to recommend approval of a PC Resolution 08-07-
18-01 as amended to clarify the setback to a minimum of 5 feet from the bluff and to
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maximize the distance from the bluff as feasible for a variance at 23209 St. Croix Trail N.
The motion carried 4 — 0.
PUBLIC HEARING: ORDINACE AMENDING DEVELOPMENT CODE CHAPTER 3,
SECTION 4.15 REGULATING LIVESTOCK AND SECTION 3.2 ACCESSORY
STRUCTURES
Planner Buss presented a draft of an amended ordinance that would allow for domestic fowl on
smaller lots as the current ordinance requires a 5 -acre minimum lot size for fowl. Highlights of
the ordinance include:
• No permits required for 5 domestic fowl or less.
• An Administrative Permit required for more than 5 domestic fowl in order to verify
setbacks.
• The maximum number of fowls permitted would be 5 chickens per acre on smaller
parcels figured as a ratio.
• Roosters, guinea and peacocks are prohibited.
• Structure setbacks for coops and pens would be 20 -feet from residential buildings on
adjacent parcels.
• Coop structures larger than 200 sq. ft. require a building permit.
• A permit may be removed if the animals become a nuisance, or the nuisance ordinance
enforced to abate the nuisance where no permit is required.
• In the Shoreland District, only area above the OHWL will be considered for size.
Squyres call for public comments. There were no public comments.
Loeffler, seconded by Rynders, moved to recommend approval of amending Ordinance
122, Chapter 2, Section 4.15 regarding Livestock and Livestock Operations, and Section 3.2
regarding Accessory Structures. The motion carried 4 — 0.
PUBLIC HEARING: ORDINANCE AMENDING DEVELOPMENT CODE, CHAPTER
3, SECTOIN 3.6 REGULATING LAND ALTERATION AND GRADING
Planner Buss presented a draft of an amendment to the Grading and Land Alteration Ordinance
for review as requested by the City Council. The issues that the Council identified include:
• The Code exempts projects that need a building permit from a requirement to submit a
separate grading and land alteration permit. The Building Inspector reviews these permit
applications, rather than the City Engineer.
• There have been other projects that did not require a permit that have affected stormwater
run-off and sediment onto other parcels or onto city rights-of-way.
• The current standard says that allows for filling 50 cubic yards or disturbance of 1,000
square feet of area without a permit.
• The City recently adopted a lower threshold for requiring grading permits in the
Shoreland Ordinance.
The proposed amendment includes these changes:
• Reduces the threshold for when a permit is needed from 50 to 10 cubic yards of land
alteration and grading (adding or removing material or excavation within the site), or 600
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square feet or more of land area (down from 1,000 sq. ft.) which is consistent with the
updated Shoreland Ordinance.
• Adds a requirement that the City can require a permit for any land alteration or
development activity, regardless of size if it is likely to cause an adverse impact to an
environmentally sensitive area or to a public property or a City right-of-way.
• Removes the permit exemption for projects that need a building permit.
• Changes the threshold for driveway permits to the same threshold proposed for other
grading and land alteration permits.
Soltis pointed out that the City's driveway permit is really an access permit to a public right-of-
way and this change will allow review of long driveways under a grading permit.
Squyres call for public comments. There were no public comments.
Commissioner Loeffler questioned the necessity for and the scope of the changes along with the
added cost particularly on larger lots where land alteration would not affect anyone or watershed.
Squyres and Buss suggested it was best to have a standard applied to everyone and provide the
opportunity for the Engineer to review the potential impacts. Soltis pointed out that the cost for
the review would be is placed on the applicant rather the city and would not be significant if
there were no or minimal impacts.
Squyres, seconded by Rynders, moved to recommend approval as written to amend the
Scandia Development Code Ordinance 122, Chapter 2, Section 3.6 regarding Land
Alteration and Grading with the condition that staff gather data on the impact of this
ordinance change on permits through December 2019. The motion carried 3 —1 with
Squyres, Rynders and Hogle voting yes and Loeffler voting no.
DISCUSSION ON REQUEST TO TRANSFER OUTLOT A OF BIG MARINE LAKE
ESTATES TO WASHINGTON COUNTY FOR BIG MARINE PARK RESERVE
Soltis reported that Outlot A of Big Marine Lake Estates is a 2.42 acres parcel with roughly 1.4
acres above the OHW Level, and is bordered on three sides by the County owned land within the
Big Marine Park Reserve. The Planning Commission's role is to review the disposition of the
property for consistency with the Comprehensive Plan.
Loeffler, seconded by Hogle, moved to recommend the transfer of Outlot A of Big Marine
Lake Estates to Washington County for Big Marine Park Reserve as the transfer of the
property is consistent with the City's Comprehensive Plan. The motion carried 4 — 0.
DISCUSSION ON REQUEST FROM U.S. SOLAR TO RECONSIDER SOLAR
ORDINANCE
Jane Qualey, a project development analyst of U.S. Solar, requested the Commission either
consider the reinstatement of a solar ordinance with a text amendment application that addresses
previous issue related to community solar, or b) a use permit application for a specific site. Buss
pointed out since the ordinance has been repealed, a solar farm or garden is not an allowed use
and a use permit could not be issued. The City would have to adopt a new ordinance with all the
performance standards. Soltis pointed out the Planning Commission would need to decide if it
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would like to recommend to the Council they relook at solar gardens with different performance
standards. Qualey reviewed the citations from the ordinance supporting the repeal and noted that
study in Chisago County that showed property values were not affected by the North Star solar
garden which has no landscape screening. To address previous concerns U.S. Solar
recommended that the ordinance limit the maximum height to 10 feet and the number of
interconnect pole to one. The Commission biggest concern expressed about the ability to regulate
the facilities that are owned by Xcel Energy and not subject to a CUP or development agreement.
The Commission indicated they would be willing to consider a solar ordinance based on the
study of no impact to property values, strong landscape screening language, equipment height
restrictions and a requirement of oscillating panels, specify fencing, and if the number of poles
could be limited. Qualey will bring back information on the ability to permanently limit the
number of poles for further discussion at the next meeting.
ADJOURNMENT
Loffler, seconded by Rynders, moved to adjourn the meeting. The motion carried 4-0.
The meeting adjourned at 9:30 p.m.
Respectfully submitted,
Colleen Firkus
Treasurer