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08.b Draft minutes 01-04-2022 Planning Commission January 4, 2022 The Scandia Planning Commission held their regular monthly meeting on the above date with modifications. The meeting was conducted virtually over an electronic platform. All participants who joined the meeting remotely could hear each other and contribute to discussions. Chair Travis Loeffler called the meeting to order at 7:05 p.m. The following were participants: Commissioners Jon Engstrand, Jan Hogle, Kirsten Libby, Perry Rynders, and Chair Travis Loeffler. Staff participating: City Planner Evan Monson, City Administrator Ken Cammilleri, and City Clerk Brenda Eklund, and Council member Jerry Cusick. PUBLIC FORUM There were no public comments. APPROVAL OF AGENDA, MINUTES Hogle, second by Rynders, moved to approve the agenda as presented. Motion carried unanimously by roll call vote. Rynders, second by Engstrand, moved to approve the December 7, 2021 minutes as presented. Motion carried unanimously by roll call vote. CONTINUED FROM DECEMBER 7, 2021: AMENDMENT TO AN EXISTING CONDITIONAL USE PERMIT FOR A RURAL EVENT CENTER AT 20168 ST. CROIX TRAIL, RUSTIC ROOTS WINERY. GREG SANDAGER, APPLICANT. PC RESOLUTION NO. 2022-01 Planner Monson presented the request from Rustic Roots Winery business owners Greg and Andrea Sandager who are looking to amend their existing CUP for a Rural Event Center (approved in April 2021) with plans to use a temporary tent in lieu of a permanent building due to construction supply shortages. Sandagers plan to utilize this short-term structure for gatherings for no more than 5 years. The public hearing was held at the December 7, 2021 Planning Commission meeting, but discussion was tabled to allow staff time to gather input from other consultants. Planner Monson reviewed the comments from the City Engineer, Watershed, County Public Works, and MnDOT. Required watershed permits would need to be obtained. The DOT requires an access permit to utilize the Highway 95 entrance to the site and to meet specifications to install turn lanes to accommodate additional traffic. Planner Monson explained that the proposed changes to the original CUP would be better analyzed as an Interim Use Permit, which allows for a time limit as a condition to allow the tent structure as a short-term temporary use. The staff report outlined criteria for approving an IUP and found that these were met. A resolution was prepared with findings and conditions of approval, one of which allows the Commission to set the expiration of the IUP. Chair Loeffler opened the public hearing at 7:13 p.m. January 4, 2022 Scandia Planning Commission Page 2 of 6 Loeffler noted that at the December meeting there was one speaker in opposition to the request. . Applicant Greg Sandager stated that Planner Monson explained the proposal quite well, and he was available to answer any questions. There were no other comments and Chair Loeffler closed the hearing at 7:14. Staff advised the Commission to start with an evaluation of the criteria for an interim use permit as outlined in the development code. Planner Monson explained staff findings for each of the criteria. The proposal would not have a negative effect upon the Comprehensive Plan, as there would be no differences in the use of a temporary tent as compared to a permanent building. The proposal would not be detrimental to public health. There is existing parking on the site and a plan for portable bathroom facilities. Monson stated that a rural event center would complement the existing use of the property, and advised that conditions could be added to mitigate any potential impacts to adjoining properties. Staff expected no issues as the property is quite large. Commissioner Hogle asked if any complaints about the winery have been taken in. Administrator Cammilleri said none have been made to office staff, but is unsure if any complaints were directed to the County. Chair Loeffler said they would need sound evidence of any complaints, as the City has already granted approval for an event center and winery. Commissioner Rynders noted that the original structure had a kitchen, and asked if the tent will have food preparation. Sandager replied no, food will be served but prepared by outside caterers; the Department of Ag will oversee food service. Staff explained that the existing access on Highway 95 will need approval from MnDOT to accommodate the event center. There is an existing access on Oakhill Road, but Washington County determined that this entrance does not meet their standards to be acceptable by the County and advised the entrance remain on Highway 95. Chair Loeffler stated that expectations of restrooms should be the same as that of the CUP regarding the occupancy ratio. Planner Monson stated that the CUP did not have a numerical requirement but could be added as a condition to the IUP, to utilize the existing restrooms plus temporary facilities. Administrator Cammilleri noted that the County septic requirements would apply, and that a tent can utilize temporary facilities as an option. Mr. Sandager explained their business purchased a restroom trailer that has 4 women’s units and 2 men’s units, and this has been more than adequate. Loeffler said that this trailer may be appropriate for the current winery, but may not be enough for the event center, and it may be necessary to supplement with additional portable units. Loeffler asked staff to research occupancy ratios and add this as a condition. Discussion on criteria #6, conformance to regulations of the AG Core District and other applicable standards of rural event centers continued, with staff concluding that these criteria are met. The applicants propose the average number of guests to be 150; the ordinance allows up to 300 per day. Commissioner Rynders asked how guest count is defined, for purposes of putting January 4, 2022 Scandia Planning Commission Page 3 of 6 limitations on an upper capacity. Planner Monson referred to the development code definition as someone attending an event at a rural event center. The Commissioners concluded that this should be better defined in the ordinance, as event attendees and staff employees working at the event needs clarification. Commissioner Libby stated that it’s reasonable to make guest count an all-inclusive number for the purpose of determining adequate parking and restrooms. Commissioner Rynders said total counts could also have an effect on traffic and impacts to neighbors. Discussion began on the termination of the IUP, which is allowable for up to five years. Commissioners were in consensus to set Condition #1 for use of the tent for up to five years, given the supply chain issues. Staff explained that the business will then operate under the approved CUP upon expiration of the IUP. Because a CUP expires at one year after approval if the work has not commenced on the permanent event center, staff was directed to work out the specifics of both the IUP and CUP to avoid having the applicants pursue another CUP for the permanent rural event facility in case the zoning permit expires in April 2022. Administrator Cammilleri explained that upon expiration of the IUP, the Sandagers must have an issued building permit for the permanent rural event structure. Rynders, second by Engstrand, moved to adopt PC Resolution No. 2022-01, Approving an Interim Use Permit for Parcel 24.032.20.41.0001 located at 20168 St. Croix Trail North as amended, with a condition that restroom occupancy must meet requirements for number of guests, and to permit use of the tent as a temporary rural event facility for up to five years. Motion carried 5-0 by roll call vote. PUBLIC HEARING: VARIANCE FROM THE 200 FOOT RIGHT-OF-WAY SETBACK TO CONSTRUCT AN ACCESSORY DWELLING UNIT AT 21450 POMROY AVENUE NORTH. SUSAN RODSJO, APPLICANT. PC RESOLUTION NO. 2022-02. (REQUESTED TO TABLE UNTIL FEBRUARY 1, 2022 MEETING.) The applicant requested the variance to construct an accessory dwelling unit within the 200-foot setback be postponed to the next meeting to allow time to submit additional information regarding the request. Staff had published and mailed notices of the scheduled public hearing for this date. Chair Loeffler opened the at 8:07 p.m. There were no comments and the hearing was closed. Chair Loeffler announced that the application will be tabled to the February 1, 2022 meeting, but public comments will also be taken at the next meeting. PUBLIC HEARING: AMENDMENTS TO CITY OF SCANDIA DEVELOPMENT CODE, CHAPTER 3, SECTION 6.2 (8) REGARDING MINOR SUBDIVISION REGULATIONS FOR NEW ROADS, AND TO CITY OF SCANDIA DEVELOPMENT CODE, CHAPTER 3, SECTION 13, REGARDING MINIMUM DESIGN STANDARDS FOR STREETS. Administrator Cammilleri explained that the City’s 2040 Comprehensive Plan, adopted in December of 2019, suggests that future growth should be concentrated within the designated Rural Center (Village Center), with the idea to preserve agricultural and open spaces while January 4, 2022 Scandia Planning Commission Page 4 of 6 maintaining an opportunity to support residential and commercial growth opportunities. Given that a significant amount of the area intended for higher density is within the Village Center’s existing developed area, it is reasonable to expect that “in fill” opportunities will likely be needed to accomplish this goal over the long term. The minor subdivision ordinance, in current form, limits the opportunity for infill by preventing the addition of new road and right-of-way within the minor subdivision process. To meet future densities identified under the Comprehensive Plan additional lots will be required. 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 process to move to a major subdivision procedure, which is more intensive and costly, and potentially discouraging infill opportunities. Cammilleri said the prohibition of new right-of-way or streets in the minor subdivision process is unusual and not found in many other communities, and recommended that the provision be reworded to allow right-of-way and street dedication, at least within the rural center areas identified in the Comprehensive Plan. Cammilleri stated that subdivisions should always require the dedication of rights-of-way abutting existing prescriptive easement held streets and roadways that meet minimum design standards as required by City Code. The existing language suggests that this is not possible, which is extremely problematic. Cammilleri also introduced proposed changes to the minimum design standards for roads found in the Scandia Development Code, Chapter 3 Section 13. The urban design standards are quite extensive and may not be needed in sensitive areas, such as 4 feet of shoulders. As well, cul de sac radiuses may be too large, adding impervious surface and greater runoff. Cammilleri noted that Scandia takes environmental standards more seriously and should look to protect water resources. Variances from road criteria cannot be granted. Administrator Cammilleri presented a red-lined version of the proposed ordinance amendments, saying the changes are consistent with what the Comp Plan wishes to accomplish, and critical to make sure developments are done to proper zoning standards having road access. The current language is a barrier to development in the Village Center. Cammilleri stressed that costs for new roads are always paid for by the developer. Chair Loeffler asked how many properties do not have road access now and could be affected with this change to minor subdivisions. Administrator Cammilleri said the end result is how many lots are developed – at least a half dozen, but there could be numerous variations of combining and dividing potential properties. Chair Loeffler recommended the draft ordinance be reworded to use the current zoning map, not future land use map, and to list the eligible zoning district affected. Discussion continued on the proposed changes to the minimum road standards of urban and rural designs for cul de sacs. Cammilleri reiterated that current sizing is beyond the need and creates more impervious surface and runoff. The draft ordinance reflected residential size of 80 feet (40 feet radius). January 4, 2022 Scandia Planning Commission Page 5 of 6 Chair Loeffler asked if there were any comments from the fire chief or engineer on the lessened radiuses, saying he would like to see it go as small as possible for a minimum radius to accommodate emergency vehicles. Cammilleri said that he had not gotten feedback from staff, but will pursue this. The intention here is introducing concepts for reasonable consideration, with a goal to refine what will serve the community best. Administrator Cammilleri explained Sect 2(10), the added paragraph addressing environmental sensitivity. The principal idea is to keep the road smaller in environmentally sensitive areas, with a minimum width of 20 feet. Commissioner Rynders asked how sensitive areas are determined, and shouldn’t the engineer tell us the adequate amount of shoulder. Commissioner Engstrand asked if the standards for each new roadway are reviewed by staff or automatically applied. Cammilleri stated that new road designs are always reviewed by staff, with stabilization determined by the engineer. Environmentally sensitive areas are any area within an OHWL setback or wetland, and should be allowed some flexibility so as not to overbuild where it isn’t necessary. Commissioner Hogle said this discussion reminds her of the controversy of improving the road to the Log House Landing. There was difference of opinions on road width because of the type of area and how roads are handled. Cammilleri said there may be some parallel, but the proposed amendments are for new minor subdivision, not for existing roads, with focus on new development. Administrator Cammilleri explained that Section 3 of the draft ordinance pertains to road alignment requirements. The new language attempts to achieve some flexibility in the ordinance to accommodate certain situations. Commissioner Rynders said he agrees on the concept but the language may not be conveying this. Chair Loeffler opened hearing at 9:34 pm. There were no speakers and the hearing was closed. Staff recommended tabling the ordinance amendments to refine language suggestions, and receive feedback from the fire chief and city engineer. Chair Loeffler asked to define environmental sensitivity with clear criteria, call out the applicable zoning districts, and provide examples of where this would apply within the city. CITY COUNCIL UPDATES FROM DECMBER 21, 2021 Planner Monson reported that both the Nora variance and Bruggeman variance were approved as recommended by the Planning Commission. The amendments to the solar ordinance were tabled to the January 18, 2022 City Council meeting. Staff explained there was hesitancy by some of the council to see more solar development, and asked for more in-depth information on parcels being affected by the amendments. ITEMS FOR FUTURE AGENDAS The next meeting will be on February 1, 2022. The Rodsjo variance will continue. Administrator Cammilleri said work sessions will be scheduled for continued review of the Unified Development Code project. January 4, 2022 Scandia Planning Commission Page 6 of 6 ADJOURNMENT Loeffler announced that the meeting be adjourned. The meeting adjourned at 9:47 p.m. Respectfully submitted, Brenda Eklund City Clerk