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8.b Draft minutes 04-06-2021 Planning Commission April 6, 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 Travis Loeffler called the meeting to order at 6:07 p.m. The following were participants to the meeting: Commissioners Greg Amundson, Jan Hogle, Perry Rynders, Dan Squyres and Chair Travis Loeffler. Staff present: City Planner Evan Monson, City Administrator Ken Cammilleri, City Clerk Brenda Eklund. Council member Jerry Cusick was also present. PUBLIC FORUM Nancy Frank, 14662 197th Street Court, stated that she would like to educate the community on the negative effects lighting can have on the environment, and to raise awareness for making better lighting choices based on this knowledge, leading to the enjoyment of the beauty of Scandia. Ms. Frank said she would volunteer her efforts on this topic, and also provided a link to the International Dark Skies Association policy measures which she believed the Planning Commission could be effective in addressing. Chair Loeffler asked staff to invite Ms. Frank to future discussions on this topic when applicable. Chris Johnson, Scandia, also spoke on the importance of dark skies policies, and how light pollution impairs migrating birds and nocturnal animals. Mr. Johnson said there are ordinances available to guide policies on best practices for the benefit of the environment. APPROVAL OF AGENDA, MINUTES Rynders, second by Amundson, moved to approve the agenda as presented. Motion unanimously carried by roll call vote. Rynders, second by Amundson, moved to approve the March 2, 2021 minutes as presented. Motion unanimously carried by roll call vote. PUBLIC HEARING: VARIANCE TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENTIAL STRUCTURE AT 13160 182ND STREET NORTH. TIM BONCHER, APPLICANT ON BEHALF OF PROPERTY OWNERS JAMES AND DANA TONREY. PC RESOLUTION NO. 2021-02 Tim Boncher has applied for a variance to construct a single-family home on a vacant 1.48-acre parcel at 13160 182nd Street located on the south shore of Big Marine Lake. A variance from the minimum lot size of 2.5 acres is needed for this property within the Shoreland Overlay District. The proposed house and septic system will be built within all the buildable setbacks of the property. April 6, 2021 Scandia Planning Commission Page 2 of 10 Planner Monson summarized the staff report which noted that the portions of the proposed house will be built on a slope of 12% or greater. This requires additional review by the City Engineer to ensure adequate measures are taken to prevent soil erosion, sedimentation, and potential structural damage. City Engineer Goodman’s comments were provided in the staff report, including the requirements of Watershed, grading, and driveway permits. The site must be graded to discharge water towards the lake. Planner Monson concluded with a recommendation of approval with findings that meet the criteria of approving a variance, as written into a resolution with six conditions. Chair Loeffler opened the public hearing at 6:22 p.m. Tim Boncher, applicant, said he had nothing to add and would answer any questions. There were no further comments and Chair Loeffler closed the hearing at 6:24 p.m. Commissioner Rynders questioned if the house is being built too close to the bluff. Staff explained that the grade of the slope does not trigger the definition of a bluff, and there will be no infringement into a bluff impact zone. Administrator Cammilleri explained that the City Engineer completed a diligent review of the survey to confirm compliance with the development code’s definition of slopes and bluffs. Amundson, second by Rynders, moved to adopt PC Resolution No. 2021-02, Approving a Variance for 13160 182nd Street North. The motion carried 5-0 by roll call vote. The recommendation to approve the variance will be presented to the City Council at their meeting on April 20, 2021. PUBLIC HEARING: VARIANCES TO ALTER AN EXISTING NON-CONFORMING STRUCTURE AT 20033 QUINNELL AVENUE NORTH. CRAIG SMITH AND MERRITT CLAPP-SMITH, APPLICANTS. PC RESOLUTION NO. 2021-03 Craig Smith and Merritt Clapp-Smith are proposing to fix up and add a loft to an existing cabin on their property at 20033 Quinnell Avenue North, located along the St. Croix River. The cabin is fully located on a bluff, built before adoption of the current rules, and is a nonconforming structure. The proposed project would raise the roofline of the cabin and needs a variance based on adopted Chapter 5 of the Washington County Development Code, the Lower St. Croix River Bluffland and Shoreland Management Regulations. Since the cabin is nonconforming to the bluffline setback and is permitted as an accessory dwelling unit (a primary house exists on the property), the project also triggers a variance from the City’s development code. Planner Monson explained details of the request as provided in the staff report, and noted that the National Park Service did not have any issues with the request. The Watershed District will require conformance with rules for erosion control and buffers. Monson concluded with a recommendation of approval based on findings of meeting criteria for variance requests. The request will allow the owners to use the cabin in the winter and would not be out of character of April 6, 2021 Scandia Planning Commission Page 3 of 10 the area; the raised roofline would not impact scenic views from the river. A resolution based on these findings and six conditions of approval was prepared. Chair Loeffler opened the public hearing at 6:41 p.m. Merritt Clapp-Smith, applicant, explained that they will be adding 8’ to the side of the cabin where the ground is level, adding loft space and making it occupiable for the winter. The primary house on the property is not heated. The improvements will allow them to stay on the property over the winter season. Benjamin Lewis, neighbor, said he is totally supportive of the request. There were no further comments and Chair Loeffler closed the hearing at 6:43 p.m. Commissioner Rynders said it is a reasonable approach to make improvements to the cabin and had no concerns. Commissioner Amundson agreed, saying the plans are simple and straightforward. Commissioner Hogle noted that they must ensure that the existing foundation is solid. Clapp- Smith said that their intention is to change the foundation as little as possible to minimize soil disturbance, but will make improvements as needed. An informal review with the Building Official last year found no immediate concerns. Administrator Cammilleri explained that the foundation will be reviewed before releasing the building permit. Amundson, second by Rynders, moved to adopt PC Resolution No. 2021-03, Approving Variances for 20033 Quinnell Avenue North. The motion carried 5-0 by roll call vote. The recommendation to approve the variances will be presented to the City Council at their meeting on April 20, 2021. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A RURAL EVENT CENTER AT 20168 ST. CROIX TRAIL NORTH; AN AMENDMENT TO THE FUTURE LAND USE MAP OF THE 2040 COMPREHENSIVE PLAN; AND AN AMENDMENT TO THE DEVELOPMENT CODE TO ALLOW ‘RURAL EVENT FACILITY’ LAND USES IN THE RURAL COMMERCIAL ZONING DISTRICT. GREG AND ANDREA SANDAGER, APPLICANTS. PC RESOLUTION NO. 2021-04 Greg and Andrea Sandager have applied for a Conditional Use Permit to operate a Rural Event Facility at their existing winery location at 20168 St. Croix Trail, a permitted use on the property which is zoned Agriculture Core (AG C). The winery operates on three separate parcels totaling approximately 80 acres. Planner Monson provided details of the request. The applicants propose to build a wedding venue/event space to the west of the current tasting room, to accommodate up to 290 guests, with the average event size expected to be 150 guests. They plan on hosting between 70 to 100 events per year. The Sandagers also applied for a request to rezone the property to the Rural Commercial zoning district as that classification better fits the current needs and use of the April 6, 2021 Scandia Planning Commission Page 4 of 10 winery business, with future plans to add a microbrewery use to the property. It was noted that the adjoining land at Abrahamson’s Nursery is already zoned Rural Commercial (R COMM). Planner Monson explained that there is a process to rezone property, the first being to amend the future land use map in the 2040 Comp Plan, also needing approval by the Met Council. As well, the development code would need to be amended to allow Rural Event Facilities in the R Comm zoning district. Monson explained that the Rural Event Center use is appropriate in R Comm districts, as it is a commercial use that is intended to support the rural and historic character of the City and is compatible with Scandia’s rural character. The 2040 Comprehensive Plan supports expansion of local businesses and agricultural operations. There is a limited amount of land zoned R Comm, so adding this use to it would not open up much more of the city to be used for Rural Event Facilities. Staff recommended the use be permitted through a CUP in the R Comm District. Monson concluded with approval for a CUP for an event center at this property with findings and conditions prepared in a resolution. Chair Loeffler opened the public hearing at 6:58 p.m. Debra Pribyl, 20286 St. Croix Trail, said she was shocked to hear of the request, and strongly opposed to expansion of the winery, saying it does not fit the 2040 Comp Plan and is not keeping with the rural character of Scandia. The winery is fine, but adding an event center is operating a high traffic commercial business that will contribute problems with lighting, noise and traffic. Ms. Pribyl said that Redeemed Farm causes problems with the neighbors, and an event center will impact surrounding property values. She said the City should work for the residents and not for one business. It seems an improper practice to provide a decision to approve a CUP before the Commissioners discuss it; approval should not exist before a vote. Chair Loeffler explained that resolutions are provided by staff’s recommendation. Greg and Andrea Sandager, applicants, said they acknowledge the concerns of the neighbors and do not wish to cause any harm, and will do their best to make the proposed event center work with the least impacts. There were no further comments and Chair Loeffler closed the hearing at 7:04 p.m. Chair Loeffler read written comments from: 1) Roger Harvieux, 20258 St. Croix Trail, who objects to the increase in traffic and noise, and that an event center is in conflict with the Comp Plan. 2) John Moszer, 15995 Quality Trail, who wrote he is absolutely opposed, and the use will generate noise. 3) Debra and Joe Pribyl, 20286 St. Croix Trail, who wrote in opposition and made verbal comments during the public hearing. The Commissioners began discussion on the Rural Event Facility proposal. Commissioner Squyres stated his view that it’s incorrect to say a rural event facility is against the comp plan, as the plan encourages ag based businesses to operate, and it’s actually in alignment April 6, 2021 Scandia Planning Commission Page 5 of 10 with the comp plan. Planner Monson noted that the comp plan does promote this type of commercial activity to showcase rural character, and an appropriate use of the property as opposed to a gas station or big box store. Squyres said that the winery is an ag business endeavor, and adding an event center to an existing farm is an extension of the ag use of the land. Regarding traffic, Squyres said that State Highway 95 can handle this, and it is MnDOT’s responsibility to make any traffic recommendations. The staff report indicated that MnDOT had been notified of the proposal without a response. Commissioner Hogle stated that rural event facilities do seem to fit into RComm zoning, and is completely consistent with discussion on event facilities that have taken place over the past years. Commissioner Amundson said that this proposal for an event center fits into Scandia’s vision of rural businesses. Chair Loeffler asked if the CUP for this event center will have the same expectations as Redeemed Farm. Planner Monson said yes, the existing standards from the ordinance on rural event facilities concerning number of guests and events, time, lighting, noise, ceasing by 10 pm, and other requirements from the ordinance are all conditions of the CUP. Loeffler stated that the City worked hard to create expectations for Rural Event Facilities to minimize impacts, and he is confident that the applicants are doing all they can to have as little impact as possible. Commissioner Rynders noted that the concerns of the neighbors should be acknowledged, and he empathizes with them in their disappointment. Chair Loeffler agreed, and said the operators are held to the conditions of the CUP; the neighbors should bring any concerns to the City to be addressed. Planner Monson noted that it is a balancing act to consider the neighbors and the allowed uses for property owners. Additional conditions can be added to the permit to mitigate any issues that arise. Commissioner Amundson said he lives near the winery and has not noticed any significant increases to traffic since the opening. Squyres, second by Amundson, moved to approve a Conditional Use Permit to operate a Rural Event Facility for Rustic Roots Winery at 20168 St. Croix Trail, with conditions as recommended by the Planner (findings and conditions of Resolution No. 2021-04). The recommendation to approve the CUP will be presented to the City Council at their meeting on April 20, 2021. The Commissioners went into discussion of amending the development code to allow Rural Event Facilities as a permitted use in Rural Commercial zoning districts. Planner Monson directed the Commission to page 3 of the staff report which described the purpose of the RComm district, which uses reflect the historic nature of the community and to be compatible with the surrounding rural character. Monson recommended this be used as a guide to the appropriateness to rezone the property as requested by the Sandagers. Commissioner Rynders stated that the use of an event center does fit a RComm district and is consistent with these criteria. Commissioners Amundson and Squyres agreed, with Squyres stating that a rural April 6, 2021 Scandia Planning Commission Page 6 of 10 event facility would fit into existing properties zoned as RComm (Big Marine Store, Hwy 95/97 corner, Crabtrees and Abrahamsons). Amundson, second by Squyres, moved to recommend that Rural Event Facilities be added as a permitted use with a Conditional Use Permit to the Rural Commercial zoning district. Motion carried 5-0 by a roll call vote. A draft ordinance to amend the development code to add Rural Event Facilities as a permitted use in the Rural Commercial zoning district was provided in the meeting packet. The recommendation will be presented to the City Council on April 20, 2021. The discussion moved into the applicant’s request to re-zone their property from Ag Core to Rural Commercial. Administrator Cammilleri explained that first the City must first change the future land use map in the 2040 Comp Plan, then consider an acceptable rezoning text amendment. Commissioner Squyres said he is strongly hesitant to change the zoning of the 80-acre property, which is outside the downtown area where the Comp Plan focuses growth to. A rezone would completely change what is allowed here should there be a future sale of the property. A decision on zoning shouldn’t be based on the current owner, but consideration of future uses. Squyres said the land use map and Comp Plan was discussed at length before adoption, and was established as the guiding document. Why should the City decide to change it already? Commissioner Rynders said he echoes these concerns – the three parcels owned by the Sandagers total a large 80-acre property. The existing allowed uses in the RComm district were described – retail stores, restaurant, service station, hotel, were some of the permitted uses. Commissioner Squyres said the RComm District was applied to historic businesses outside the Village Center in order to zone the existing businesses correctly, such as the Big Marine General Store on Manning Trail. Administrator Cammilleri noted that “Rural” makes it different from only a commercial district, and suggested there could be enhanced language to clarify the intensity of business which the Commissioners would be comfortable with. Rural character language provides for the ability to interpret the comp plan and deny what is not desired in this zoning district. Chair Loeffler said that the Commission should offer rationale to the Council regarding a decision to not change zoning, suggesting a better description of the RComm district is needed. Commissioner Squyres agreed the RComm district should be revamped with a clearer definition and more detail. He also reasoned that people consider zoning when choosing where to live, and it would be a big change to the neighborhood to change a zoning district of a nearby property. Planner Monson stated that the applicant’s future intention to operate a craft brewery would not be a permitted use in the current Ag Core zoning of the property. Squyres, second by Rynders, moved to not change zoning in the 2040 Comp Plan Future Land Use Map with findings that the current R COMM allowed uses are not strict enough and could cause potential problems in the surrounding neighborhood; the addition of more April 6, 2021 Scandia Planning Commission Page 7 of 10 R COMM zoned areas is not in keeping with the principles of R COMM zoning. By roll call vote, the motion carried 4-0, with Amundson abstaining. Greg Sandager questioned how to correct the zoning of their property that is attached to Abrahamson’s business which crosses west of Highway 95 onto the winery property. Part is zoned R Comm and part zoned General Rural on the west side of the highway. Administrator Cammilleri stated that it is not common or proper to have one property in two different zoning districts. This past error/oversight on the zoning map can only be corrected by the Planning Commission and City Council. Rynders, second by Amundson, moved to call for a public hearing to amend the future land use map to correct a 10-acre area mis-zoned on the west side of Highway 95 (Parcel ID Number 19.032.19.33.0005) from General Rural to Rural Commercial. By roll call vote, the motion carried 4-1 with Loeffler opposed. A public hearing to amend the zoning map will be scheduled for May 4, 2021. PUBLIC HEARING: VARIANCE TO ALTER AN EXISTING NON-CONFORMING STRUCTURE AT 16970 197TH STREET NORTH. MARK HOLLOWAY, APPLICANT ON BEHALF OF PROPERTY OWNER NANCY STAUB. PC RESOLUTION NO. 2021- 05 Mark Holloway, contractor on behalf of property owner Nancy Staub, is seeking to remodel an existing house at 16970 197th Street North, located along the St. Croix River. The house was built before existing zoning rules and does not meet current setbacks making it a non-conforming structure. The scope of the work will all be interior within the structure, with the project costs exceeding 50% of the value of the current house, triggering the ordinance requirement that a variance is necessary. Planner Monson summarized the staff report. The Watershed, DNR and National Park Service had no concerns with the request. The request is reasonable and in harmony with the Comp Plan. Monson recommended approval with findings and two conditions written into a resolution. Chair Loeffler opened the public hearing at 8:17 p.m. Nancy Staub, owner, thanked the Commission for their site visit and dedication. Mark Holloway, contractor, stated that Ms. Staub is a good steward of the St. Croix community, and this simple project will improve her house and provide long-term sustainability of the home along the river. There were no other comments and Chair Loeffler closed the hearing at 8:19 p.m. Chair Loeffler said that the 50% threshold to require a variance is not always reasonable. In this case the improvements are all inside the home and the owner is burdened with the extra time and costs of a variance. Commissioner Amundson agreed. Administrator Cammilleri explained the that the ordinance is vague on renovations and remodeling; there are practical reasons to make April 6, 2021 Scandia Planning Commission Page 8 of 10 existing structures more habitable and the ordinance does serve a purpose in most cases. Commissioner Rynders recommended a change to the criteria for minor improvements such as those being done at this cabin. Commissioner Squyres asked if other surrounding parcels are owned by Ms. Staub. Ms. Staub said there are four contiguous parcels that she would combine into one parcel, which would total close to 2-acres. Squyres recommended a condition be added to the resolution that the four separate parcels will be combined into one. Amundson, second by Squyres, moved to adopt PC Resolution No. 2021-05, Approving a Variance for 16970 197th Street North. Motion carried 5-0 by roll call vote. The recommendation to approve the variance will be presented to the City Council at their meeting on April 20, 2021. PUBLIC HEARING: AMENDMENTS TO THE CITY OF SCANDIA DEVELOPMENT CODE Based on discussion at the March 2nd meeting, Planner Monson prepared a draft ordinance to amend the following sections of the City’s Development Code: a) Accessory Structures. Chapter 2, Section 3.2 b) Government Land Uses. Chapter 1, Section 4.2 Definitions; and Chapter 2, Allowed Uses in the VMU A and VMU B zoning districts c) Building Types and Materials. Chapter 2, Section 3.14 d) Signs. Chapter 2, Section 3.13 a) Administrator Cammilleri clarified that the only change being made to the accessory structure ordinance is to revise the exception to structural size and number limits of the chart (Ch. 2. Sec. 3.2. (3) b.). The new text would read: * If the property has no attached garage, one detached garage up to 24’x 36’ in size is permitted in addition to the number of accessory structures listed in Section (C) above. This exception is intended to permit a garage only, and the square footage of the garage may not be added to the number or square footage of accessory structures that are permitted on the property by the table above. 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 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 that it’s a universal standard to define garages as accessory structures, whether attached or detached. This language would prevent a huge attached garage being built beyond the limits of the property’s size. Commissioner Rynders said he doesn’t care how big a garage is if it’s attached to the house. Commissioner Squyres said without this limit, it could become problematic especially on smaller lots. Cammilleri stated that the development conde April 6, 2021 Scandia Planning Commission Page 9 of 10 really needs an accessory ordinance based on zoning districts, something being considered for the development code rewrite project. b) Regarding amendments to Government Land Uses, the Community Center’s use was not permitted as the existing code is written. This amendment will make the use of the Community Center conforming, and the future Arts & Heritage Center an allowable, permissible use as well. c) Amendments to the Building Types and Materials section will correct inconsistencies and help bolster the language that unfinished sheet metal buildings are not allowed on small, residential lots; and also reference the Architectural Design Guidelines. d) Amendments to the Sign ordinance will allow parks and cemeteries to be eligible for sign permits. Institutional Use will be an added definition in Chapter 1. Chair Loeffler opened the public hearing at 9:00 p.m. There were no comments and the hearing was closed. Amundson, second by Squyres, moved to recommend approval of the amendments to the Development Code, as amended by staff regarding accessory structures. By roll call vote, the motion carried 3-1, with Rynders opposed. Hogle did not vote due to a dropped internet connection due to weather. UPDATE ON VARIANCE TO ALTER AN EXISTING NON-CONFORMING STRUCTURE AT 12970 236TH STREET NORTH. MICHAEL WESTBERG, APPLICANT. CONTINUED FROM THE MARCH 2, 2021 MEETING Planner Monson explained that applicant Michael Westberg has withdrawn his variance request. A suitable building site that meets all applicable setbacks within the buildable area was determined for his new single-family dwelling. DISCUSSION ON AMENDMENTS TO THE DEVELOPMENT CODE CH. 2, SECTION 4.28, TEMPORARY FARM DWELLINGS, STANDARDS FOR USES. CONTINUED FROM THE MARCH 2, 2021 MEETING. A public hearing was held on March 2nd for amendments to the Temporary Farm Dwelling ordinance. Planner Monson presented a draft ordinance based on the Commission’s discussion. Commissioner Squyres recommended a sentence that a Temporary Farm Dwelling use requires an Interim Use Permit. Squyres, second by Rynders, moved to recommend approval of the Temporary Farm Dwelling as amended with language to clarify that an Interim Use Permit is required. The motion carried 4-0 by roll call vote. Hogle abstained due to missing the discussion when her internet connection dropped. ITEMS FOR FUTURE AGENDAS – NEXT MEETING MAY 4, 2021 Chair Loeffler recommended a change to the requirement for a variance when a non-conforming structure is repaired or renovated at greater than 50% valuation. Staff advised this April 6, 2021 Scandia Planning Commission Page 10 of 10 recommendation could be made to the consultants working on the zoning and development code update. ADJOURNMENT Amundson, second by Rynders, moved to adjourn the meeting. Motion carried unanimously by roll call vote. The meeting adjourned at 9:27 p.m. Respectfully submitted, Brenda Eklund City Clerk