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8.b Draft 03-02-2021 Planning Commission minutes March 2, 2021 The Scandia Planning Commission held their regular monthly meeting on the above date with modifications. Due to the health advisory issued by the State regarding the COVID-19 outbreak, to avoid public gatherings and limit social contact, the meeting was conducted over an electronic platform. All Planning Commissioners, staff, and participants who joined the meeting remotely could hear each other and contribute to discussions. City Administrator Cammilleri and City Clerk Eklund were present at City Hall. Cammilleri was the presenter and displayed the meeting materials for participants to view on their remote screens. Chair Dan Squyres called the meeting to order at 7:05 p.m. The following were participants to the meeting: Commissioners Greg Amundson, Jan Hogle, Travis Loeffler, Perry Rynders and Chair Dan Squyres. Staff present: City Planner Evan Monson, City Administrator Ken Cammilleri, City Clerk Brenda Eklund. Council member Jerry Cusick was also present. PUBLIC FORUM No public comments were made. APPROVAL OF AGENDA, MINUTES Hogle, second by Rynders, moved to approve the agenda as presented. Motion unanimously carried by roll call vote. Hogle, second by Rynders, moved to approve the February 2, 2021 minutes as presented. Motion unanimously carried by roll call vote. ELECTION OF PLANNING COMMISSION CHAIR AND VICE-CHAIR The election of a Planning Commission Chair and Vice-Chair was tabled in February until all members were in attendance. Squyres, second by Hogle, moved to elect Travis Loeffler as Chair of the Planning Commission. Motion carried 4-1 by roll call vote, with Loeffler opposed. Rynders, second by Squyres, moved to elect Jan Hogle as Vice-Chair of the Planning Commission. Motion carried unanimously by roll call vote. The recommendations will be presented to the City Council at their March 16, 2021 meeting for final approval. PUBLIC HEARING: VARIANCE TO ALTER AN EXISTING NON-CONFORMING STRUCTURE AT 12970 236TH STREET NORTH. MICHAEL WESTBERG, APPLICANT. Applicant Mike Westberg is proposing to remodel and add onto an existing house at 12970 236th Street that is within the 200’ setback of Sea Lake. A survey showed the house to be 142’ from the Ordinary High Water Level. Planner Monson explained the development code language that a nonconforming structure that is remodeled or altered to the extent that the cost of repair or March 2, 2021 Scandia Planning Commission Page 2 of 6 replacement would exceed 50% of the appraised value, and a replacement structure cannot be placed on the lot meeting all current zoning standards, the variance procedure must be followed. The existing house is over 100 years old and the applicant’s project exceeds the 50% value threshold. The proposed addition and attached garage would not encroach any closer to Sea Lake than the existing 142’ setback. The property is 16.18 acres in size. Planner Monson summarized the staff report. The City Engineer will require a grading permit; site improvements must be in compliance with the Comfort Lake Forest Lake Watershed for erosion control and lake buffer requirements. The DNR had no issues with the request. The Washington Conservation District identified a possible wetland extending just behind the existing garage on the parcel, and recommended a verification in the spring to determine the appropriate setback. Planner Monson recommended the variance be tabled until the extent of the wetland is determined. Chair Loeffler opened the public hearing at 7:21 p.m. Chair Squyres explained that at the site visit on February 28th, Mr. Westberg described the project as a total teardown and rebuild. Due to its condition, nothing of the house could be saved. Mike Westberg, applicant, stated that the existing foundation is worse off than first estimated, and he would prefer not to reuse the foundation. There were no further comments, and Chair Loeffler closed the hearing at 7:26 p.m. Commissioner Squyres questioned if there were alternate locations on the property to build the house which would meet all setbacks. Commissioner Rynders agreed that they need to see a building envelope to better understand the site, including the wetlands. Mr. Westberg indicated that he is working to have a winter wetland delineation completed soon with an updated survey. Rynders, second by Amundson, moved to table the variance request to allow the applicant time to provide a survey showing a buildable area and delineated wetland as determined by the Washington Conservation District. Motion carried 5-0. PUBLIC HEARING: AMENDMENTS TO THE CITY OF SCANDIA DEVELOPMENT CODE, CHAPTER 2, SECTION 4.28 TEMPORARY FARM DWELLING, STANDARDS FOR USES Planner Monson described the proposed amendments to the temporary farm dwelling ordinance as discussed at the February meeting. The land use is defined in Chapter 1 and permitted through an Interim Use Permit in the Ag Core, Ag Preserve, General Rural Village Neighborhood and Rural Commercial Districts. It currently has a number of land use specific standards that must be met in order to be permitted. The Commissioners directed staff to prepare amendments that could improve housing options in regards to farm workers, such as lowering the required size of the parcel from the current 75 acres in size. Planner Monson provided a redlined version of the ordinance found in Chapter 2, Section 4.28 of the development code with proposed amendments for the Commissioners to consider, including March 2, 2021 Scandia Planning Commission Page 3 of 6 lowering the minimum size of the farm, changing the limitations of who can occupy the dwelling and termination of the permit. Monson provided a comparison of different requirements from other communities which have similar temporary or accessory housing land uses for farm workers. Chair Loeffler opened the public hearing at 7:47 p.m. A letter from Pam Arnold, Salt and Pepper Farms, was read into the record by Chair Loeffler. Ms. Arnold expressed support for improvements to the temporary farm dwelling ordinance. Ms. Arnold wrote that she operates a farm using 5 acres of her 80-acre property, and that productive farming can be supported on as small as one-acre plots. Improving housing for farm workers backs up the intentions of Scandia’s vision to support agriculture and rural values, and would bring young farm residents to town. Commissioner Hogle said she is in complete agreement with these statements; adding that farming can occur year around, giving the example of her family business that operates heated greenhouses. Gary Hogle, 21509 Lofton Avenue, stated that a farm can successfully operate on 5 acres. High intensity farming is redefining what a farm is. The proposed amendments will support and allow access to farm employment in Scandia. Marie DuCharme, 4626 Wyngate Boulevard, Forest Lake, stated her support for the ordinance changes. The face of farming is changing, with small acreages productively providing locally grown food. The improved housing options will provide more opportunity to grow the rural characteristics of Scandia and brighten the future for those making a living in farming. Jon Engstrand, 16141 Scandia Trail, said his goal is to farm poultry and a few swine on his 7 acres. He supports the changes, and noted that small-scale farming is growing (regenerative agriculture) and teaching farms that house students are gaining. There were no further comments and Chair Loeffler closed the hearing at 8:05 p.m. The Commissioners began their discussion by going over the redlined version and reviewing each paragraph. They recommended the definition of a temporary farm dwelling replace “manufactured home” with a term that allows for a fifth wheel trailer or tiny home. Planner Monson recommended language to read “a dwelling, manufactured home, or trailer certified for living and not intended to be a single-family dwelling”. To allow temporary farm dwellings in more zoning districts, the language “located in an agricultural district” was removed from the definition. Changes to Chapter 2, Section 4.28, Standards for Temporary Farm Dwellings were determined: (1) The temporary farm dwelling is an accessory use to the principal dwelling, and may only be located on a parcel that is: a. At least 5 acres in size in the General Rural, Ag Core and Ag Preserves District; at least 7.5 acres in the Village Neighborhood District. b. Used for farm purposes. March 2, 2021 Scandia Planning Commission Page 4 of 6 (2) A parcel is limited to no more than 1 Temporary Farm Dwelling. A density unit is not attributed to a Temporary Farm Dwelling when calculating density. Commissioners discussed the number allowed should be based on the scale of the property, to be adjusted later. (3) The Temporary Farm Dwelling is subject to the same zoning dimensional setbacks as the principal dwelling unit. The Temporary Farm Dwelling shall not be located closer to the road right of way than the principal building. The structure shall be located to the side or rear of the principal building, and shall be screened from view of road right of way. (4) The Temporary Farm Dwelling must meet the definition of a Temporary Farm Dwelling. (5) The Temporary Farm Dwelling shall use the existing road access drive of the principal dwelling unit, but may require a new driveway if necessary. (6) The Temporary Farm Dwelling shall be connected to an approved on-site waste disposal system. (7) The property owner shall submit a financial guarantee to the City to ensure that the structure will be removed upon termination of the interim use permit. The amount of the guarantee shall be determined by the Zoning Administrator. Staff will research an appropriate amount to be used as a financial guarantee. (8) Termination of Permit. At the termination of the interim use permit, the temporary farm dwelling shall be removed from the premises within 30 days. Failure to comply with the conditions of the interim use permit may result in termination of the permit. Regarding paragraph (8), Commissioners concluded that an IUP be a requirement of approval. Staff explained that the city has no powers to revoke an administrative permit, and the property owners can extend the five-year term of an IUP if needed. Commissioners were in consensus to review the amended ordinance at their next meeting before recommending it to the City Council. Squyres, second by Amundson, moved to table a recommendation of the Temporary Farm Dwelling amendments to the next meeting. The motion carried unanimously by roll call vote. DISCUSSION ON AMENDMENTS TO THE ACCESSORY STRUCTURE ORDINANCE Administrator Cammilleri presented a scaled down amendment to the accessory structure ordinance that has been discussed by the Commissioners over the past few meetings. Cammilleri recommended to revise language in the exception to structural size and number limits in the chart found in Chapter 2, Section 3.2 (3) (b): * For residential accessory structures, the total allowed number of accessory structures in the table above is in addition to one garage up to 864 square feet, whether attached or detached. For March 2, 2021 Scandia Planning Commission Page 5 of 6 lots on which one garage already exists, whether attached or detached, the placement of a second garage shall count toward the accessory structure limit in the table above. The total area of structures including the garage shall meet the lot coverage requirements. The property owner must demonstrate that there is adequate space available on the parcel for a primary and secondary septic system that meet Washington County SSTS ordinance requirements outside the area proposed for the garage. Cammilleri explained this clarification change is made to make the ordinance text consistent with the original legislative intent. He recommended that the Planning Commission address accessory buildings on adjacent lots as part of the code update process, due the complexity of applicability based on neighborhood and zoning district. Hogle, second by Rynders, moved to direct staff to prepare the accessory structure ordinance amendment for a public hearing on April 6, 2021. Motion carried unanimously by roll call vote. POTENTIAL ORDINANCE AMENDMENT FOR AMENDING GOVERNMENT LAND USES Planner Monson prepared a staff report to explain the need to make changes to the current development code that would create a defined land use for the future Arts and Heritage Center, a use that has been left out of the code, to be allowed in the VMU A and VMU B zoning districts. A definition of Arts and Heritage Center would be added to Chapter 1. Language would be added to the definition of Government Uses, Buildings and Storage to include non -government activities such as renting the Community Center for private events. Amundson, seconded by Squyres, moved to direct staff to prepare the ordinance amendments for government land uses for a public hearing on April 6, 2021. Motion carried unanimously by roll call vote. DISCUSSION ON AMENDMENTS TO BUILDING MATERIALS IN THE DEVELOPMENT CODE CH. 2, SECTION 3.14 BUILDING TYPES AND MATERIALS TO REMOVE CONFLICTING REQUIREMENTS WITH THE ARCHITECTURAL GUIDELINES; AND DISCUSSION ON AMENDMENTS TO THE DEVELOPMENT CODE, CHAPTER 2, SECTION 3.13 SIGNS Administrator Cammilleri presented amendments to Section 3.14, Building Types and Materials that would remove conflicting requirements with the Architectural Guidelines. Amendments to Section 3.13, Signs, was also addressed to allow institutional use signs up to 25 square feet in the VMU Districts. As the code is now, signs are not allowed in parks and cemeteries because size is dependent on building frontage, whereas parks and cemeteries do not have buildings. Hogle, second by Amundson, moved to direct staff to prepare the ordinance amendments for Building Types and Materials, and Signs for public hearings on April 6, 2021. Motion carried unanimously by roll call vote. March 2, 2021 Scandia Planning Commission Page 6 of 6 ITEMS FOR FUTURE AGENDAS – NEXT MEETING APRIL 6, 2021 Along with the public hearings on ordinance amendments, there are two potential variance applications on April 6, 2021. ADJOURNMENT Squyres, second by Hogle, moved to adjourn the meeting. Motion carried unanimously by roll call vote. The meeting adjourned at 10:15 p.m. Respectfully submitted, Brenda Eklund City Clerk