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08.b Draft minutes 12-07-2021 Planning Commission December 7, 2021 The Scandia Planning Commission held their regular monthly meeting on the above date with modifications. The meeting was conducted in-person at the Scandia Community Center and over an electronic platform. All participants who joined the meeting remotely could hear each other and contribute to discussions. Kirsten Libby was appointed by the City Council on November 16, 2021 to fill an open term on the Planning Commission, expiring on February 1, 2025. Chair Travis Loeffler called the meeting to order at 6:09 p.m. The following were present: Commissioners Jon Engstrand, Kirsten Libby, Perry Rynders, and Chair Travis Loeffler. Absent: Commissioner Jan Hogle. Staff present: City Planner Evan Monson (virtual over Zoom), City Administrator Ken Cammilleri, and City Clerk Brenda Eklund. PUBLIC FORUM There were no public comments. APPROVAL OF AGENDA, MINUTES Chair Loeffler asked to re-order the agenda, to move public hearings for Nora and Rustic Roots ahead of the Bruggeman variance. Loeffler, second by Rynders, moved to approve the agenda as amended. Motion carried unanimously. Rynders, second by Engstrand, moved to approve the November 2, 2021 minutes as presented. Motion carried unanimously PUBLIC HEARING: VARIANCE FROM SIDE YARD SETBACK REQUIREMENTS TO REPLACE AN EXISTING DETACHED GARAGE AT 12140 LAKAMAGA TRAIL NORTH. MARTIN NORA AND PETER NORA, APPLICANTS ON BEHALF OF PROPERTY OWNERS NORA PROPERTIES, LLC. PC RESOLUTION NO. 2021-22 Property owners Peter Nora and Martin Nora are seeking to replace an existing detached structure on their property at 12140 Lakamaga Trail in a similar location of 8.8 feet from the north property line. The minimum setback is 20 feet, requiring a variance request of 11.2 feet from the side yard setback requirement. Planner Monson provided a summary of the request. The proposed garage would be 960 square feet, resulting in lot coverage of 23.7% on the 1.07-acre parcel. This is below the maximum impervious coverage of 25%. Monson reviewed the criteria for considering a variance request, and concluded with a recommendation to approve. The proposed structure would occupy a similar location as the existing, and encroach no further to the north property line. The practical difficulties are due to the narrow width of the lot, not caused by the landowner. The requested variance meets the minimum action required to eliminate the practical difficulty of the lot lacking space outside of required setbacks. A resolution with findings and five conditions was prepared, including that a grading permit be approved by the City Engineer to ensure that drainage is not directed to adjacent properties and proper erosion control measures are taken. December 7, 2021 Scandia Planning Commission Page 2 of 8 Chair Loeffler opened the public hearing at 6:15 p.m. There were no comments and the hearing was closed. Commissioner Rynders asked if it will be a bigger building than the existing. The survey was viewed showing the new garage overlaid onto the existing – the building is slightly larger to square off the dimensions and maintains the existing setback. Rynders, second by Engstrand, moved to adopt PC Resolution No. 2021-22, Approving a Variance for 12140 Lakamaga Trail as presented. Motion carried 4-0 by roll call vote. The recommendation to approve the variance will be presented to the City Council at their meeting on December 21, 2021. PUBLIC HEARING: AMENDMENT TO AN EXISTING CONDITIONAL USE PERMIT FOR A RURAL EVENT CENTER AT 20168 ST. CROIX TRAIL, RUSTIC ROOTS WINERY. GREG SANDAGER, APPLICANT. In April 2021, Rustic Roots Winery was approved for a Conditional Use Permit to operate a Rural Event Facility on the property at 20168 St. Croix Trail North. In his request to amend the CUP, owner Greg Sandager explained that due to construction challenges, they are seeking approval to utilize a temporary tent structure in the similar location for possibly up to five years, and then building the event center as proposed. Planner Monson explained that staff is recommending that discussion of the request be tabled to the next meeting to allow time to consult with the City Engineer and other agencies. The public hearing notice was advertised so that public comments can be gathered this evening. Chair Loeffler opened the public hearing at 6:19 p.m. Charles DeWolfe, 20294 St. Croix Trail, stated his objections to the winery operations, asking when will these requests end which ask for a little bit more every time. He stated that a future hotel is being proposed, with the business bringing in more traffic and impacts to the surrounding neighbors. The site is no longer operating as agriculture and is affecting the neighbors. There were no other comments and the Chair Loeffler closed the hearing at 6:23 p.m. Administrator Cammilleri explained that staff may consider an Interim Use Permit to be more suitable for this request for a temporary structure, as an IUP would have a defined expiration. Chair Loeffler noted that a public comment period will be allowed when this request returns for the next meeting on January 4, 2022. PUBLIC HEARING: VARIANCES FROM LOT SIZE AND ROAD FRONTAGE REQUIREMENTS FOR CONSTRUCTION OF A SINGLE-FAMILY DWELLING ON A NON-CONFORMING LOT, AND VARIANCES FOR AN ACCESSORY DWELLING UNIT LOCATED WITHIN REQUIRED SETBACKS FROM LOT LINES, WETLANDS, AND A LAKE. THE PROPERTY IS AT 19489 MANNING TRAIL NORTH. PAUL AND December 7, 2021 Scandia Planning Commission Page 3 of 8 DENISE BRUGGEMAN, APPLICANTS ON BEHALF OF PROPERTY OWNERS PAT AND BRENDA MELCHIOR. Applicants Paul and Denise Bruggeman are proposing to purchase two lots totaling 1.92 acres from owners Pat and Brenda Melchior and to build a new single-family home at 19489 Manning Trail North. Bruggemans’ plan to keep an existing cabin on the site for use as an Accessory Dwelling Unit. The property is located along Big Marine Lake and does not front a public road but is accessed by a 0.75-mile private driveway via a narrow easement to Manning Trail. There are wetlands to the west and along the lakeshore. Planner Monson provided a detailed summary of the request. There are five variances being requested: • Lot size – minimum size of a parcel within Shoreland is 2.5 acres • Public street frontage of 160’ – property does not meet frontage requirements • Setbacks for the existing cabin for use as an Accessory Dwelling Unit including being within 75’ from a wetland, 77.7’ from the OHWL and 14.8’ from the property line. A survey of the site was viewed showing the proposed improvements. The new dwelling location meets all applicable setbacks from the lake and property lines, with lot coverage of 14.7%. Given the property is not meeting the minimum size and frontage requirements, the parcels are defined as nonconforming. Planner Monson reviewed the variance criteria and process. The lack of a street to serve the property raises the issue of premature subdivision, meaning it is not consistent with the goals of the Comp Plan. The private access serving the lot could be requested to serve additional new year-round residences in the future, which would result in the development of an area that is not complying with the standards required of such developments, such as safe public access by an improved public street. Changing the use of the property from seasonal to a year-round residence is another factor that may not be in harmony with the Comp Plan, as it could lead to a premature demand for municipal infrastructure to serve this area of the city. Monson explained that allowing a nonconforming lot to be used when not having access onto a public street is not a reasonable use. Granting the variance would alter the essential character of the area; the sites along the lake have historically been used for seasonal use only. Monson concluded that not all criteria are met and recommended denial. A resolution with findings of denial was presented. Chair Loeffler opened the public hearing at 6:36 p.m. Paul Bruggeman, applicant, said that he is asking for a single-family home on a single-family lot that has an existing driveway which will be maintained according to the Fire Chief’s specifications. He has designed the house to meet all setbacks and requirements. Variances for the existing cabin are ones that he cannot control. Bruggeman said there isn’t any difference to properties being either seasonal or year-round; there is a history of cabins being converted to year-round living. John Dobbs, virtual participant, said he is working with Mr. Bruggeman to develop this property. He said that upgrading the driveway to city standards of width is not achievable because of the wetlands. The access has been used for 60 years, with some modifications in the early 2000’s. December 7, 2021 Scandia Planning Commission Page 4 of 8 There were no other comments and Chair Loeffler closed the hearing at 6:41 p.m. Chair Loeffler described this as a complicated variance request. Commissioner Rynders questioned the variances for the existing cabin. Administrator Cammilleri explained the nonconformity section of the ordinance, triggered due to the substantial alterations proposed for this property in developing it with a new home. Commissioners discussed the setback variances for the cabin and were in consensus that they are reasonable for the existing structure and can support approval. Chair Loeffler said his experience with the condition of this driveway is comparable to some others that serve homes to the river. Administrator Cammilleri asked the Commissioners to consider the future potential to turn the seasonal lots nearby to year-round residences. A problem arises when the city accepts this as a driveway assuming it will be for a single-home. The local jurisdiction could become responsible to develop a road when there is build-out in the future. He cautioned their decisions now could have impacts in the future. Mr. Dobbs questioned if the development code defines residential versus seasonal use, and how this request is changing the use of the property. How does the development of this lot affect the other nearby lots? This is a pre-existing lot that Mr. Bruggeman is trying to use, and not subdividing into other lots for future improvements. Administrator Cammilleri noted uses can exist and not be in an exhaustive list within the code, saying there is a clear change in use of the property. The real challenge is that is does not abut a public road. Allowing it today opens the door for other developments on nearby properties to use this driveway to potentially serve more properties. Commissioner Engstrand asked if future requests to build on the other properties would have to come to the City for approval. Cammilleri noted yes, but it may be hard to deny others after the first approval. This triggers the discussion if there should be improvements to these properties to make them year-round residences. If the lots are intended to be developed, the developer should be responsible to build the road to the required standards. Commissioner Libby asked if easements are in place for the existing driveway. Staff stated that a shared driveway is legally defined by an easement on the adjacent property. Commissioner Engstrand asked if the City can prevent future development by the lake. Chair Loeffler said yes, the City considers individual requests. Engstrand noted that this could potentially deny a property owner to build on lake property. Cammilleri said this first request provides an opportunity to consider this issue. Mr. Bruggeman said this is an existing lot with an existing cabin and driveway. In comparison, the nearby four small lots would have to be combined into one to be able to develop the land. Mr. Dobbs questioned the staff report which inferred that they can’t use the land without developing a 20’ asphalt road – this is not environmentally possible considering the wetlands. December 7, 2021 Scandia Planning Commission Page 5 of 8 Cammilleri stated that the existing seasonal use can continue, but developing a road through a wetland goes against the comprehensive plan. Commissioner Rynders said he supports the request and to deny it doesn’t make sense. Commissioner Engstrand said that although he understands the staff concerns, having visited the property he agrees with Rynders. Commissioner Libby said that if the existing shared driveway allows two property owners to have access, this is not a huge deal – requests for improvement to the other properties can be dealt with in the future. Commissioner Loeffler said that the new home meets all setbacks, and he could support the variances for the ADU and for the parcel. Commissioners reviewed the variance criteria for findings to support approval. Edits to the findings within the prepared resolution were made. They concluded that the request is in harmony with the Comp Plan to use the property in a reasonable manner, which has access to Manning Trail by a shared driveway. Conditions were added to ensure that grading and erosion control permits are obtained, the driveway is improved to the Fire Chief’s specifications, the applicant provides an egress at the end of the drive for public safety vehicles to turn around, and all other permits to develop the property are acquired. Rynders, second by Engstrand, moved to adopt PC Resolution No. 2021- 21 as amended, Approving Variances for 19489 Manning Trail. Motion carried 4-0 by roll call vote. The recommendation to approve the variance will be presented to the City Council at their meeting on December 21, 2021. PUBLIC HEARING: AMENDMENTS TO CITY OF SCANDIA DEVELOPMENT CODE, CHAPTER 2, SECTION 4.34(B) REGARDING DISTRIBUTION SCALE SOLAR ENERGY SYSTEMS, AND TO CITY OF SCANDIA DEVELOPMENT CODE, CHAPTER 5, SHORELAND MANAGEMENT REGULATIONS TO ALLOW DISTRIBUTION SOLAR ENERGY SYSTEMS WITHIN THE SHORELAND OVERLAY DISTRICT AS A CONDITIONAL USE. Over the past few months, the Commission has studied potential amendments to the solar ordinance as requested by Michael Lubke through an ordinance text amendment application. Lubke had proposed several changes to the requirements for large-scale solar distribution systems: • Permit distribution SES in areas within the Shoreland Management Overlay Districts if the site is able to meet certain criteria. • Revise the screening requirements to include a “scenic canvas” and other options to alleviate issues with visibility • Allow the growing of crops underneath solar panels. Planner Monson presented a red-lined version of the text amendments, including a change to the current Shoreland Management regulations to allow distribution solar in areas within shoreland overlay zoning. Staff sent copies of the proposed changes to the DNR to review. The DNR model ordinance does allow solar facilities as a principal use on lands within shoreland overlay through a conditional December 7, 2021 Scandia Planning Commission Page 6 of 8 use permit. The DNR recommended the amendment language clarify that the scenic canvas is a temporary/short-term option to use while vegetation is established, and to ensure parcels zoned AG Core around Falls Creek are not opened up to distribution solar. Planner Monson’s staff report provided maps to show areas that could be eligible for distribution solar if the amendments were approved. These parcels meet the criteria to be completely encapsulated by land within the AG C zoning district. Such a use would require approval by the City through a CUP, and have to follow applicable setbacks from wetlands and waterbodies. Chair Loeffler opened the public hearing at 7:56 p.m. Mike Lubke, 10929 Scandia Trail, asked for clarification that the proposed language allows for the use of perennial agriculture crops to be used for screening, such as an orchard or grape vines. Staff replied that this type of crop is allowed for screening. Lubke said there are benefits such as improved water quality and production of environmentally friendly energy, as well as screening improvements for future solar arrays. Lubke thanked the Commission for their consideration. There were no other comments and Chair Loeffler closed the hearing. Commissioners Rynders and Engstrand said the proposed amendments are consistent with prior discussions. Chair Loeffler said that the scenic canvas definition should be clarified that it is temporary, no more than four years, and must be maintained by the developer. Rynders, second by Engstrand, moved to recommend approval of the requested ordinance amendments to the Distribution Scale Solar Energy Systems ordinance with clarification to the definition of scenic canvas as determined by staff. Motion carried 4-0 by roll call vote. Rynders, second by Engstrand, moved to recommend approval of amendments to the Shoreland Management Regulations to allow Distribution Scale Solar Energy Systems in shoreland overlay districts as a conditional use. Motion carried 4-0 by roll call vote. The recommendations to approve the ordinance amendments will be presented to the City Council at their meeting on December 21, 2021. DISCUSSION ON THE CAPITAL IMPROVEMENT PLAN REPORT TO THE CITY COUNCIL – PC RESOLUTION NO. 2021-23 Administrator Cammilleri explained that the Planning Commission is responsible for reviewing the Capital Improvement Plan (CIP) and making a recommendation to the City Council as it relates to the 2040 Comprehensive Plan. State Statute requires the Commission to review all proposed capital improvements within the City and to prepare written findings to the City Council to support a recommendation for or against consistency with the Comprehensive Plan. A resolution was prepared in support of approval. Rynders, second by Engstrand, moved to adopt PC Resolution No. 2021-23, Review of the 2022-2026 Capital Improvement Plan. Motion carried 4-0 by roll call vote. December 7, 2021 Scandia Planning Commission Page 7 of 8 CONSIDER AMENDMENTS TO THE MINOR SUBDIVISION REGULATIONS REGARDING NEW ROAD PROHIBITION AND CONSIDER PUBLIC HEARING ON THE ORDINANCE AMENDMENTS Administrator Cammilleri introduced a concept for ordinance amendments to the Development Code to allow street and road dedication for minor subdivisions and to amend the minimum subdivision design standards to limit environmental impacts. Cammilleri explained that these are two areas the Planning Commission is suggested to consider in order to accommodate recent changes in the 2040 Comprehensive Plan. Cammilleri noted that the minor subdivision ordinance in its current form prevents the addition of new road and right-of-way within the minor subdivision process. The provision of the code in question states, “(SDC Ch.3 Section 6.2 (8)) No new public rights-of-way or streets shall be necessary for or created by the subdivision.” This limitation forces what would be possible through a minor subdivision to move to a major subdivision procedure, which is more intensive, costly and may prohibit infill development within the Rural Center. Cammilleri recommended that the provision be reworded as “No new public roads or streets shall be allowed for minor subdivisions created under this section that are proposed to be outside of rural center designated areas within the City’s Comprehensive Plan, or when dedicating right of way to existing prescriptive easement right-of-way.” Cammilleri explained the recommended changes to the minimum design standards that take into account environmental sensitivity. Currently requirements that mandate the widening of existing roads to wider standards in environmentally sensitive areas limit low density infill and encourage environmental impacts that could otherwise be avoided. Cammilleri proposed amended language as: “Exception to rural design standard road widths for Existing Roads – The City Council may approve the extension of road to service a minor subdivision with a minimum road width of 20 feet and maintaining existing shoulder widths, if such request is in areas of environmental sensitivity that include existing public roads adjacent within surface water, wetlands, slopes, woodlands, existing drainage ways, shorelands, wetlands, and flood areas. This exception may only be applied to one new minor subdivision.” Cul-du-sacs also present environmental impact in the form of impervious surface displacement of stormwater and limiting ground water recharge. Current cul-du-sacs are uniformly required to be 90 feet in diameter. However, the minimum standard is often 80 feet of diameter of roadway. Cammilleri suggested an additional change be made to allow 80 ft diameter road surfaces depending on the zoning classification of road. For example, Industrial Parks and commercial permitted areas, cul-du-sac widths should remain at 90 feet in diameter, but 80 feet diameters should be required as the minimum for residential areas. Cammilleri said he is working on preparing the draft legislation for this ordinance, and should have it available later in the week. He explained that the Commission could hold a public hearing at their next meeting to begin the ordinance amendment process. December 7, 2021 Scandia Planning Commission Page 8 of 8 Chair Loeffler said he does not want to rush a decision. Commissioners were in consensus to direct staff to prepare the ordinance amendments for a January 4, 2022 public hearing. CITY COUNCIL UPDATES FROM NOVEMBER 16, 2021 Planner Monson reported that the variance from the side yard setback for an addition at 12959 Mayberry Trail was denied by the City Council, as recommended by the Planning Commission. ITEMS FOR FUTURE AGENDAS The next meeting will be on January 4, 2022. Discussion on the Rustic Roots application will continue. The Unified Development Code project continues, with a joint meeting with the City Council planned for January. ADJOURNMENT Loeffler, second by Rynders, moved to adjourn the meeting. Motion carried 4-0. The meeting adjourned at 8:45 p.m. Respectfully submitted, Brenda Eklund City Clerk