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5.b Staff report SHA Variance PUD 2021.10.05 TKDA ® | 444 Cedar Street Suite 1500 | Saint Paul, MN 55101 651.292.4400 • tkda.com An employee -owned company promoting affirmative action and equal opportunity. Memorandum To: Scandia Planning Commission Reference: Scandia Heritage Center Variance & PUD Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Susan Rodsjo, Scandia Heritage Alliance Project No.: 18108.000 Scandia Heritage Center Variance & PUD From: Evan Monson, Planner Routing: Date: September 29, 2021 SUBJECT: Planned Unit Development and variances to minimum setbacks from wetlands for the Scandia Arts and Heritage Center MEETING DATE: October 5, 2021 LOCATION: 14727 209th Street North (PID 2303220210002) & 14849 Oakhill Road North (PID 2303220120022) APPLICANTS: Scandia Heritage Alliance, City of Scandia OWNERS: City of Scandia ZONING: Village Mixed Use B (VMU B) REVIEW PERIOD: 60-day ends November 7, 2021, (30 day DNR review period ended September 8th) ITEMS REVIEWED: Application and plans received August 9, 2021 DESCRIPTION OF THE REQUEST The Scandia Heritage Alliance (SHA) is proposing to rebuild the historic Water Tower Barn on the same parcel as the City Hall and Community/Senior Center. The Water Tower Barn would serve as the focal point of a new Arts and Heritage Center that would celebrate the history, arts, and cultural heritage of Scandia through museum exhibits, art shows, music concerts, theater productions, arts and environmental classes, and cultural events. The proposal would also include an indoor stage, an outdoor amphitheater, a splash pad play area, wetland overlook and walking trails, and a summer café featuring traditional Swedish fare. In terms of regulatory review, the project would require variances as well as a conditional use permit (CUP). The proposed site for the Arts and Heritage Center development would be the current location of the softball field to the southwest of City Hall. There are wetlands that flank the east and west of the field currently, and would also flank the proposed Arts and Heritage Center. The wetlands on the site both have setback requirements that would need to be met by structures and trails/sidewalks. Portions of the Scandia Heritage Center Project Staff Report October 5, 2021 Scandia Planning Commission Page 2 development would encroach into these setbacks , as well as the setback from Olinda Trail, so variances from the setback requirements would need to be approved. The development would reside on the same parcel as the City Hall, as the SHA will lease the southwest 6.28 acres of the parcel from the city. The Development Code limits a parcel to one principal structure; in order to have more than one principal structure the development would need to be reviewed and approved as a Planned Unit Development (PUD). PUDs follow the same process as a CUP, so the request would need to meet the criteria of both a PUD and CUP. As a result of the PUD encompassing the entire property, future and current use/development of municipal items, such as a new playgr ound, are also included in the future phases identified in the PUD. PROPERTY INFORMATION Parcel description: 14727 209th Street North & 14849 Oakhill Road North is located near the center of town. 14727 is bounded to the west by Olinda Trail, and 209th Street to the North. 14849 is adjacent to the east, and has frontage onto Oakhill Road. The two parcels total approximately 20.87 acres. Two wetlands are located on the 14727 parcel, and enclose most of the proposed location of the Arts & Heritage Center site. The boundaries of the wetlands were delineated in 2020. 14727 also is home to the ice rink, Community/Senior Center and parking, a playground, and tennis courts, while the 14849 parcel has a ball field. Land use(s): Government Buildings, Storage and Uses; Public Parks and Recreation Facilities, Institutional Use Figure 1: Aerial of site from City GIS (ROW in gray) Scandia Heritage Center Project Staff Report October 5, 2021 Scandia Planning Commission Page 3 EVALUATION OF VARIANCE REQUEST Applicant’s Explanation of the Plan and Variance Request See attached narrative from Scandia Heritage Alliance outlining the project. Staff Comments on the Variance Request Engineer The City Engineer had not yet provided comments at the time of this staff report. Watershed The Carnelian Marine St Croix W atershed District was still reviewing the project plans and had not submitted comments at the time of this staff report. Washington County Given that Olinda Trail is a county state aid highway (CSAH), the county was notified of the project and provided the following comments: 1. The change in use from the ball field to the Art and Heritage Center would require a new access permit. 2. On-street parking would need to be prohibited within a certain distance of the access onto Olinda in order to preserve sight lines for vehicles exiting the site. 3. Stormwater ponds will need to be outside of the right-of-way (ROW). DNR The East Metro Area Hydrologist did not provide comments at the time of this staff report. Development Code Setbacks The proposed Arts and Heritage Center project would lease approximately 6.28 acres of the Community/Senior Center parcel. The buildable area of the site, though, is less than an acre, due to the required setbacks from Olinda Trail (an arterial road), and the two wetlands that flank the site to the east and west. Both wetlands are Manage I wetlands, which have a minimum 75 foot setback per the Shoreland Management requirements of the Development Code. Per Chapter 2, Section 2.9(7), the minimum setback from Olinda Trail is 150 feet from the centerline since it is classified as an arterial roadway. Portions of the Water Tower Barn would be within 150 feet of the road centerline, with the building being 129.7 feet from the road centerline at its nearest point. While this would be an encroachment of just over 20 feet into the required setback, the building would still be further from the road than the fencing of the existing ball field on the site. The proposed on-site parking is located within the setback from the road, occupying a similar location as the existing gravel parking. Portions of the proposed on-site parking would also be within the 75 foot setback from the wetland to the west. Given the curve of the wetland as it comes up towards the roadway, the parking at its nearest point is 38 feet from the wetland boundary. Figure 2 shows a zoomed in shot of the site plan, which is included in the project plans submitted with the application. Scandia Heritage Center Project Staff Report October 5, 2021 Scandia Planning Commission Page 4 Impervious Surfaces The parcel itself is 20.86 acres in size. The existing impervious surface coverage of the parcel is 13.5% (16.8% if including portions of Olinda Trail and 209th Street North that are within the parcel boundaries). The proposed Arts and Heritage Center site would have 1.03 acres of impervious surfaces, which would bring the parcel as a whole to 18.34%, well below the maximum allowed for the parcel. On-site Parking The current property already has 118 stalls of existing parking split between the large parking lot near the Community/Senior Center and the small gravel parking area near the ice rink. The proposed Arts and Heritage Center would have 31 stalls, with two of the stalls meeting ADA requirements. Chapter 2, Section 3.10 of the Development Code covers the requirements for parking. Section 3.10(4) notes the minimum required on-site parking for specific uses. Uses that are not in this list are to have their minimum required parking determined by the Zoning Administrator. The most similar type of use to the Arts and Heritage Center that is listed in Section 3.10(4) is ‘Place of Worship and Other Places of Assembly’, which requires 1 parking stall per 3 seats. Other communities also have parking requirements for public assembly uses, and typically require 1 stall per 3 seats or 1 stall per 4 seats. Based off the Water Tower Barn being able to hold up to 64 seats for patrons, this would equate to a required minimum of 21 parking stalls. The 31 provided would exceed this minimum. The site is also proposed to be connected to the rest of the site via a new walking path, which would allow the Arts and Heritage Center to utilize the existing parking on the site for larger events. Along with the Water Tower Barn, the Center would also have an amphitheater, which would have a maximum capacity to seat 264 patrons. If applying the standard of 1 stall per 3 seats, then the minimum parking required would be 88 stalls. If the Center is at maximum capacity at the amphitheater and the Barn, there would be 109 stalls needed total. The proposed parking of 31 stalls, plus the existing parking on -site would be able to provide the necessary parking to meet zoning requirements. The SHA worked with a Professional Traffic Operations Engineer (PTOE) to determine the parking demand that would be generated by the Arts and Heritage Center and the needed parking the demand would warrant. The calculations determined the average occupancy per vehicle would be 2.1 people. With 31 stalls proposed, the Center could accommodate up to 65 people at any given time. The projected demand for the site during ‘high season’ and ‘off season’ times would be able to be accommodated by the proposed parking. Large events at the Water Tower Barn could have up to 60-70 attending, which would be accommodated by the proposed parking and existing parking on the site. The amphitheater, having a maximum capacity of 264 patrons, would require use of both proposed and existing parking on the site , though the attendance is expected to be in the 150-200 patron range. Occupancy Minimum parking stalls required (if 1 stall required per 3 seats) Minimum parking stalls needed (if demand is based on 2.1 people per vehicle) Water Tower Barn 64 21 31 Amphitheater 264 88 126 Total 328 109 157 Proposed future Arts Center (estimated) 112 37 53 Total (estimated) 440 147 210 Table 1: Parking Needs and Minimum Stalls required Scandia Heritage Center Project Staff Report October 5, 2021 Scandia Planning Commission Page 5 Number of parking stalls Proposed Arts and Heritage Center Parking 31 Existing Community/Senior Center Parking 118 Total (on-site) 149 Elim Church overflow lot 34 Gammelgarden lot 31 Total (off-site) 65 Total (on-site + off-site) 214 Table 2: Parking provided While it is unlikely that it would occur, if used simultaneously at their highest capacities, the amphitheater and W ater Tower Barn would demand more parking than is permitted on the site. The applicant notes potentially working with the Gammelgarden Museum and Elim Church to share parking for large events. The Arts and Heritage Center project would also include an Arts Center building, which would be built in a future phase of the project. The submitted renderings and plans for the Arts Center building are conceptual, and are not final designs. If built to the conceptual design, though, the building could hold at a maximum 112 people. This would require a minimum of 37 stalls, based on providing 1 stall per 3 seats, or 53 stalls based on 2.1 people per vehicle. If, in the unlikely scenario the amphitheater, Barn, and Arts Center are all three at capacity, then 210 stalls would be needed at most. The parking on-site, plus parking off-site, would be able to accommodate up to 214 vehicles. While maximum capacities and events are unlikely to occur simultaneously, it would be important to consider conditions of approval addressing the highest possible demand. A condition of approval would be to have the applicant work on acquiring agreements with both entities to have shared parking agreements established. The applicant would also need to coordinate scheduling with the City, Church, and Museum to ensure that high volume events would not be occurring simultaneously, as spreading out events would ensure that there is ample parking available for any user. It should be noted that the Arts Center design is not final, and that the attendance at any such event at the Arts and Heritage Center is not guaranteed to be at capacity. Scheduling events at different times would cut down on the parking needed. There is also the assumed 2.1 people per vehicle estimate by the applicant’s engineer, which the engineer notes could be higher; if families and groups are traveling together in a vehicle that would cut down on the num ber of vehicles and reduce the demand for parking. Another item to consider is that the new parking for the Arts and Heritage Center would also provide an on-site parking option for city events taking place on the property, such as Taco Daze, National Night Out, or even election night. Landscaping Chapter 2, Section 3.12 of the Development Code outlines landscaping requirements for new development within the city. Commercial/Industrial uses require either 1 tree per 1,000 SF of gross building floor area, or 10 trees, whichever total is greater. Based off the size of the W ater Tower Barn, bathrooms, and future Arts Center building having less than 10,000 square feet of gross floor area, 10 trees would be the greater total. The proposed landscaping plan would have over 10 trees installed, so this requirement would be met. Parking lots also trigger landscaping requirements; one over-story or shade tree is required for every 15 parking stalls put in. Since the proposed parking totals 31 stalls, two trees would be required. The proposed landscaping plan would meet this requirement. Screening is typically required along property lines abutting conflicting uses. The parcel has existing woods and vegetation along the southern property line, which screens the property from adjacent residential parcels. Scandia Heritage Center Project Staff Report October 5, 2021 Scandia Planning Commission Page 6 Planned Unit Developments Planned Unit Developments (PUDs) are developments that have a creative or unique design that may not be in accordance with the typical standards of the underlying zoning district and the Development Code. If the proposed development is found to meet certain criteria, it can be approved as a PUD via a Conditional Use Permit (CUP). Chapter 2, Section 7.0 of the Development Code outlines PUDs. The proposed Arts and Heritage Center would be sharing the parcel with the current occupant and owner, the city. The Community/Senior Center building is a principal structure or building; as noted earlier in the staff report only one principal structure is permitted on a parcel. A PUD would allow for additional principal structures or uses, such as the Arts and Heritage Center, on this parcel. A PUD would also allow for certain structures and improvements to have setbacks less than what is typically required. Multiple items on the property already are located within setbacks, along with the parking and W ater Tower Barn for the Arts and Heritage Center. Given the proposed and current uses would be for the public , the existing development of the site, and that the two users would share parking facilities, encompassing the entire parcel in a PUD makes sense. Splitting the area being leased to the SHA into a new, separate parcel would create a number of issues with the Development Code. The initial phase for the PUD would include the amphitheater, splash pad, the parking, the restroom/bathroom building, and the reconstruction of the W ater Tower Barn. This phase would begin no earlier than spring of 2023, with a goal of being complete by the start of summer 2024. A future second phase of the PUD would include the Arts Center Building, as well as a new playground near the tennis courts. The start dates for these are not finalized yet, though they would occur af ter the completion of phase I. List of items for the Development varying from current requirements:  Multiple principal structures on a single parcel of land  Multiple principal uses on a single parcel of land  Setbacks from an arterial road (Olinda Trail) of less than 150 feet – Arts and Heritage Center parking, portions of W ater Tower Barn, Ice rink, portions of Warming House and warming house gravel parking  Setbacks from a local road (209th Street N) of less than 40 feet – Ice rink, Warming House,  Warming House gravel parking  Setback from side property lines less than 20 feet - portion of Community Center parking,  City playground by the tennis courts  Setback from a collector road (Oakhill Road) less than 100 feet - Ballfield gravel parking Variances from wetland setbacks While the PUD process would alleviate issues with most setbacks, required setbacks from wetlands would require a variance to be issued. As noted previously, the two wetlands on the property are Manage I wetlands, which require a 75 foot setback . Portions of the proposed Arts and Heritage Center would require variances to be closer than 75 feet to these wetlands. The W ater Tower Barn, the bathroom building, and the sidewalks/walking paths would encroach into the setback for the east wetland, while the wetland to the west would have the parking lot and the amphitheater encroach into its setback. The sidewalks and pathways would allow for connection of the site to the rest of the parcel via the sidewalk along Olinda Trail, and would provide ADA-standard accessibility to users of the site. The limited buildable area, due to the boundaries of the wetlands, greatly limits where things can be placed. The current occupant of this space, the softball field, encroaches much further into each setback than the proposed Arts and Heritage Center. Scandia Heritage Center Project Staff Report October 5, 2021 Scandia Planning Commission Page 7 Variances requested from Manage I wetland (75 feet required):  Parking Lot – 38 foot setback, 37 foot variance  Amphitheater – 51.8 foot setback, 23.2 foot variance  Water Tower Barn – 64.3 foot setback, 10.7 foot variance  Bathroom Building – 68.3 foot setback, 6.7 foot variance  Sidewalks/pathways along east side of site – setback varies Figure 2: Zoom-in of site plan with existing and proposed shown. Buildable area is highlighted in yellow. PUD Criteria and Findings Chapter 2, Section 7.0 of the Development Code covers PUDs. Per Section 7.2, PUDs are approved via a Conditional Use Permit (CUP). The CUP review process is found in Chapter 1, Section 8.0 of the Development Code. Below are both the criteria for a CUP and a PUD in italics, with the Planner’s findings for each following. CUP Criteria 1. The conditional use will be in compliance with and shall not have a negative effect upon the Comprehensive Plan, including public facilities and capital improvement plans. The proposed use is consistent with the Future Land Use Map, as well as the goals of the Comprehensive Plan. Given the proposed use’s proximity to existing development, it can utilize Scandia Heritage Center Project Staff Report October 5, 2021 Scandia Planning Commission Page 8 existing infrastructure. The site will provide parking for the users of the Arts & Heritage Center by utilizing existing parking on the site, though the Center will have to coordinate scheduling with City Hall to ensure large events at both sites are not occurring at the same time. It will not negatively impact public facilities, or impact the City’s capital improvement plan. 2. The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. The proposed use would not endanger the public welfare. If the applicant meets the conditions included with this CUP and obtains all required permits, the use will not create adverse impacts on the public health safety, morals, comfort or general welfare of the public. 3. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values or scenic views. The proposed PUD will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted. Nearby properties are also used for public or semi-public uses. Parcels to the south that are used for residential use are screened by existing woods and vegetation. The proposed PUD is not expected to negatively impact adjacent property values or scenic views. 4. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. Given the property is used for public uses, the site is not planned to be a part of any future residential or commercial redevelopment. Much of the parcels bordering the site are already developed; parcels to the south that are bordering the site could still redevelop without issue if the PUD is approved. The proposed PUD would not impact development or improvements of surrounding properties. 5. Adequate public facilities and services are available or can be reasonably provided to accommodate the use which is proposed. The existing site already has water and electric, as well as access onto existing public roadways. The City would not have to provide new services to serve or access the proposed uses in the PUD. 6. The conditional use shall conform to the applicable regulations of the district in which it is located and all other applicable standards of this Chapter. As a PUD, the site would be deviating from some of the normal requirements of the Development Code. The proposed deviations would include existing developments of the site, along with portions of the proposed Arts and Heritage Center. By meeting the criteria for a PUD, the use would be conforming to the Development Code. 7. The conditional use complies with the general and specific performance standards as specified by this Section and this Chapter. The proposed uses of the PUD would follow applicable general performance standards of the Development Code. The Arts and Heritage Center use does not have any use-specific performance standards to adhere to. The current government and institutional uses on the site currently meet applicable performance standards. Scandia Heritage Center Project Staff Report October 5, 2021 Scandia Planning Commission Page 9 Evaluation of PUD findings 1. The PUD is not in conflict with the Comprehensive Plan. The proposed PUD is consistent with the Future Land Use Map of the Comprehensive Plan. The property is designated in the future land use map as ‘Recreation Area Protected’, which is guided for publicly owned recreation or open space. The proposed Arts & Heritage Center development will provide public use of the property while maintaining the existing wetlands to the east and west of the site on the property. The proposed development would be less intrusive to the wetlands than the current ball field on the site. The development would also help maintain and promote the City’s cultural character and history, maintain and promote the rural character by highlighting the agricultural heritage of the community, and helping to preserve and protect the city’s natural resources. Permitting this use through a PUD would not be in conflict with the 2040 Comprehensive Plan. 2. The PUD meets the Purpose of a Planned Unit Development as stated in this Chapter. The purpose of a PUD is stated in Chapter 2, Section 7 of the Development Code as being used to allow for: a mix of land uses; a mix of housing types; creative site design; coordinated plans for landscaping, buildings, s idewalks or trails, and parking; preservation and enhancement of the natural environment; enhancement of community character through design consistent with historical development patterns; and efficient use of land. While the proposed PUD doesn’t include housing, it does allow for a use that is an efficient use of land. The proposed development would be part of a coordinated design for the City Hall property, including shared parking and utilizing of existing infrastructure for services. The development, while varying from the typical standards of the Development Code, would be designed so as to highlight the historic Water Tower Barn, with additional site improvements building off of its design. The proposed development would be harmony with the architectural design guidelines of the city. Given the compact design integrating the proposed Arts and Heritage Center site with the existing City Hall and Community Center, this PUD would meet the purpose of a Planned Unit Development. 3. The PUD or phase of development thereof is of sufficient size, composition, and arrangement that its construction, marketing, and/or operation is feasible as a complete un it without dependence upon any other subsequent phase of development. The proposed development would require variances to setback requirements, which are a part of this request. The proposed project would not though be dependent on other subsequent phase(s) of development, as much of the site is already developed, and the proposed new and existing developments can function and operate independent of any future phases as identified in the PUD application. The PUD is feasible as a complete unit without depend ence upon any other subsequent phase of development. 4. The PUD will not create an excessive burden on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the planned development. The proposed PUD will not create an excessive burden on parks or schools. The site is already served by utilities and public facilities, and will not require new roads or infrastructure to serve the site. 5. The PUD will not have an adverse impact on the reasonable enjoyment of the ne ighboring property. The properties to the west and south are wooded lots that are vacant or occupied with single - family homes. The city center is nearby, with Elim Church, the Gammelgarden Museum, and the downtown in close proximity to the property. The current uses of the property, along with the Scandia Heritage Center Project Staff Report October 5, 2021 Scandia Planning Commission Page 10 proposed uses of the PUD, would complement the neighboring uses. The site would share parking spaces, so as to keep parking off of Olinda Trail. If an agreement is made with the church, the SHA could utilize shared parking of the parking lot along 209th Street for larger events. 6. The quality of the building and site design shall substantially enhance the aesthetics of the site. Part of the PUD would include the rebuilt Water Tower Barn, an iconic historical struct ure in the community. Additional improvements proposed as part of the PUD would only enhance the site, as they would meet or exceed the design guidelines of the city. The proposed development on the site would be in harmony with the architectural design guidelines of the city, which would enhance the aesthetics of the current site. 7. The PUD will create a public benefit that is greater than what would be achieved through the strict application of the zoning and subdivision regulations. A strict application of the zoning regulations would not allow for this development as proposed. The Development Code prevents multiple principal structures on one parcel; by granting a PUD the proposed development would allow for multiple principal structures on one parcel. The Arts and Heritage Center development is designed to work with the existing site; splitting it off into a separate parcel would create more issues that would likely trigger additional variances. The proposed use would be a public space for citizens and visitors alike. Sharing the City Hall parcel with the Arts and Heritage Center create a public benefit that is greater than what would be achieved through the strict application of the zoning ordinance. Variance Criteria and Findings Chapter One, Section 6.0 of the Development Code includes the criteria and required process for considering variance requests. Each item to be considered for a variance is identified below in italics, followed by the Planner’s findings regarding the requested variances.  Variances shall only be permitted when they are in harmony with the Comprehensive Plan and general purposes and intent of the official control. The Comprehensive Plan has an overarching goal to “maintain and promote the City’s cultural character and history”, which the Arts & Heritage Center would certainly do. The proposed layout, while having areas located in the minimum setbacks from the roadway as well as the wetlands to the east and west, would be less intrusive to the wetlands than the current ball field. The request appears to be in general harmony with the Comprehensive Plan and Development Code.  The property owner proposes to use the property in a reasonable manner under the conditions allowed by official control(s). The current use of the property is Government Buildings, Storage and Uses; Institutional Use; and Public Parks and Recreation Facilities. The proposed new use, Arts and Heritage Center, is a permitted use in the VMU B zoning district. Proposing to use the property for uses permitted in the VMU B zoning district is a reasonable use.  The practical difficulties are not caused by the landowner and are unique to the property. The practical difficulties are due to the locations of two existing wetlands, and the right-of-way for Olinda Trail. The site for the Arts and Heritage Center is bounded by these three items that were not created by the landowner. The portion of the parcel being used for the Arts and Heritage Center is 6.28 acres, with less than 10% of that being buildable area. The buildable area is also Scandia Heritage Center Project Staff Report October 5, 2021 Scandia Planning Commission Page 11 an irregular shape, forcing the proposed improvements into a limited amount of space. The practical difficulties were not caused by the current landowner and are unique to the property.  The variances would not alter the essential character of the area. While the new additions would add new uses to the property, the current uses and function of the rest of the city property would continue . The area is already home to institutional and public uses, such as the Gammelgarden Museum, that would be compatible with the proposed Arts & Heritage Center. The proposed PUD would also introduce new rain gardens on the site, an improvement to the environmental impact of the site from the existing ballfield. Granting the variances for the proposed layout of the Arts and Heritage Center development would not alter the essential character of the area.  Economic conditions alone shall not constitute practical difficulties. The practical difficulties are related to the limited amount of land located outside of required setbacks. The practical difficulties are not only economic in nature.  The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. Granting the requested variance for the Arts and Heritage Center development would not result in limiting light or air to neighboring properties. The land use will change, though the use will use the same site and access. By sharing parking facilities with existing lots, traffic is spread out to other access and cuts down on increases to congestion. The proposed development would not increase the danger of fire or the public safety. The property values of neighboring values should not be negatively impacted, either, if the request is granted. The requested variances will not impair the supply of light or air to adjacent properties, increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood.  The requested variance is the minimum action required to eliminate the practical difficulty. Most of the site being leased for the Arts and Heritage Center is located within the required setbacks from the wetlands and the road. The proposed layout of the Water Tower Barn is within the extent of the current ballfield, as is most of the proposed walking paths/sidewalks on the east side of the site. The Water Tower Barn encroaches less into required setbacks than the ballfield currently does. The walking path as it heads up to connect to the Community Center appears to be as far from the wetland as possible without being placed within the county righ t-of-way. Portions of the amphitheater are within the required setback, though the seating would be separated by impervious surfaces, so it would be less intensive to the site than a building or structure. The requested variance appears to be the minimum action required to eliminate the practical difficulty of the lot lacking space outside of required setbacks. Conditions can be added to ensure it is the minimum action required.  Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The variance is not related to a need for direct sunlight for solar energy systems. The findings support granting the requested variances to setback requirements. Scandia Heritage Center Project Staff Report October 5, 2021 Scandia Planning Commission Page 12 ACTION REQUESTED The Planning Commission can recommend to the Scandia City Council that it do one of the following: 1. Approve 2. Approve with conditions 3. Deny with findings 4. Table the request RECOMMENDATION CUP for PUD The Planner recommends that the Planning Commission recommend approval of a CUP for the proposed Planned Unit Development at 14727 209th Street North. The following conditions for the CUP are recommended: 1. The proposed PUD shall follow the site plan submitted to the city and reviewed with this request. Minor changes to the site plan may be permitted, as per Chapter 2, Section 7.6 of the Development Code. 2. The applicant shall secure any applicable permits from the Watershed District, and comply with their requirements. 3. Details on outdoor lighting shall be submitted to the city for review prior to installation. 4. A grading plan and erosion control plan shall be submitted to the City for review prior to issuance of a building permit, showing any areas of soil disruption and locations of any trees to be removed and added, in order to ensure that drainage is not directed to adjacent properties and proper erosion control measures are taken. 5. The users of the site are permitted to share on-site parking facilities. No off-street parking on Olinda Trail is permitted. 6. The Arts and Heritage Center shall acquire agreements with the Gammelgarden Museum and Elim Church for the shared use of parking facilities off-site. 7. The Arts and Heritage Center shall work closely with the City, the Gammelgarden Museum, and Elim Church on the scheduling of events, so as to prevent issues with parking and traffic. 8. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. 9. The applicant shall pay all fees and escrows associated with this application. Variances The Planner recommends that the Planning Commission recommend approval of the requested variances from the 75 setback from a Manage I wetland at 14727 209th Street North. The following conditions for the variances are recommended: 1. The proposed sidewalks and pathways along the east side of the Arts and Heritage Center site shall follow the locations as shown on the site plans submitted to the city and reviewed with this request. Scandia Heritage Center Project Staff Report October 5, 2021 Scandia Planning Commission Page 13 2. The variances for the parking lot, amphitheater, W ater Tower Barn, and Bathroom Building shall be as follows: a. Parking Lot – 38 foot setback, 37 foot variance b. Amphitheater – 51.8 foot setback, 23.2 foot variance c. Water Tower Barn – 64.3 foot setback, 10.7 foot variance d. Bathroom Building – 68.3 foot setback, 6.7 foot variance 3. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. 4. The applicant shall pay all fees and escrows associated with this application.