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03-01-2022 Planning CommissionMarch 1, 2022 The Scandia Planning Commission held their regular monthly meeting on the above date with modifications. The meeting was conducted in-person and 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 7:07 p.m. The following were in attendance: Commissioners Jon Engstrand, Kirsten Libby, Perry Rynders, and Chair Travis Loeffler. Remote participation by Commissioner Jan Hogle. Staff participating: City Planner Evan Monson, City Administrator Ken Cammilleri, City Attorney Chris Nelson, City Clerk Brenda Eklund, and City Council member Jerry Cusick. PUBLIC FORUM There were no public comments. APPROVAL OF AGENDA, MINUTES Chair Loeffler announced that Agenda Items #5 and #6 would be reordered, to hold the public hearing for Better Place Forests ahead of the hearing for Bethany Center. Rynders, second by Engstrand, moved to approve the agenda as amended. Motion carried unanimously by roll call vote. Rynders, second by Engstrand, moved to approve the February 8, 2022 minutes as presented. Motion carried unanimously by roll call vote. PUBLIC HEARING: AMENDMENT TO AN EXISTING CONDITIONAL USE PERMIT FOR A CONSERVATION MEMORIAL FOREST AT 12630 LAKAMAGA TRAIL NORTH, AND AN INTERIM USE PERMIT FOR TEMPORARY STRUCTURES AT THE SITE. APPLICANT BETTER PLACE FORESTS. PC RESOLUTION NO. 2022-03 (AMENDMENT TO CUP) AND PC RESOLUTION NO. 2022-04 (INTERIM USE PERMIT). Planner Monson presented the staff report for a request by Better Place Forests for an amendment to the existing Conditional Use Permit for a conservation memorial forest at 12630 Lakamaga Trail, and a request for an Interim Use Permit for temporary structures on the site. The CUP was approved in July 2020, shortly after the beginning of the pandemic. The project has moved forward with a new driveway and signage, though the business is looking to make some changes to the previously approved plans. The applicants are proposing a temporary tent for a gathering area and a temporary compost restroom facility due to material supply issues for construction of the permanent facility. Monson explained that temporary structures could be permitted with an IUP for up to 5 years; an amendment to the CUP timeline is also necessary so as not to expire until the IUP has ended. The amended CUP would also adopt an updated site plan reflecting the locations of the proposed temporary structures, revised parking area, and added driveway details based on a 2021 site visit with staff. Combining the requested IUP with a revised timeline for the CUP will allow the applicant to carry out the interim use (the temporary Scandia Planning Commission March 1, 2022 Page 2 of 9 structures), and then proceed with the long-term goal of constructing the proposed building on the site without having to restart the CUP process all over. Planner Monson reviewed the criteria from the City's Development Code, Chapter One, Section 8.4 to consider the CUP amendment and from Section 9.2, the specific standards for an IUP. Monson concluded with approval of the request based on findings and conditions prepared in two resolutions. Monson explained that the temporary use time allowance was left blank in the resolution conditions for consideration by the Commission of a timeframe less than the requested 5 years. Chair Loeffler opened the public hearing at 7:16 p.m. Better Place Forests representative Gia deBartolo was on Zoom and stated she was available to answer any questions. There were no public comments and Chair Loeffler closed the hearing. Commissioner Rynders said he has no issues with the proposal. He asked how long does the building permit run once it is issued. Administrator Cammilleri said the IUP is structured to expire when the building permit is issued, then the applicants have 6 months to start the work. Rynders recommended the IUP be allowed for the requested 5 years. Commissioners Hogle and Loeffler stated their agreement. Rynders, second by Hogle, moved to adopt PC Resolution No. 2022-04, Approving an Interim Use Permit for Parcels located at 12630 Lakamaga Trail, for a timeframe up to 5 years. Motion carried 5-0 by roll call vote. Rynders, second by Hogle, moved to adopt PC Resolution No. 2022-03, Approving an Amendment for a Conditional Use Permit for Parcels located at 12630 Lakamaga Trail, for a timeframe of up to 5 years. Motion carried 5-0 by roll call vote. The recommendations to approve the Amended CUP and IUP will be presented to the City Council on March 15, 2022. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A PLACE OF WORSHIP AT 23393 NOLAN AVENUE NORTH. APPLICANT ROGER TOMTEN ON BEHALF OF BETHANY CENTER FOR PRAYER AND RENEWAL. Sheryl Moran, representative of Bethany Center for Prayer and Renewal, and site designer Roger Tomten, have applied for a Conditional Use Permit to redevelop property at 23393 Nolan Avenue into a Place of Worship land use, an allowed use on the property zoned Ag Core and General Rural within Shoreland Overlay of Sea Lake. The subject property is made up of multiple parcels totaling 110 acres in size. Two parcels zoned GR have access off of 13519 240th Street (15.1 acres). The remaining four parcels are addressed as 23393 Nolan Avenue (95 acres), with a house, barn, granary and former tree farm occupying the site. The owner is proposing to operate a silent retreat for prayer and religious study using the existing house as the hospitality center, to remodel the granary into a chapel, and repurpose the existing barn into a storage Scandia Planning Commission March 1, 2022 Page 3 of 9 facility and on-site parking area. The chapel would be designed for 20 users. The parcel to the north end of the project would house a director/groundskeeper and a priest, ensuring that there is an in-person presence at the site at all times. The project is planned to be developed in phases, with the initial phase to remodel the buildings and operate the place of worship use being considered at this meeting. Twelve proposed hermitages, 650 square feet in size, would be built out in a future phase and require an amendment to the CUP when they are ready to begin building the small cabins. Initially up to 8 persons could be on-site at one time, with future maximum capacity of up to 20 — each hermitage would house one guest. Parking requirements are based on the 20 -person capacity of the chapel, requiring 7 stalls. The applicant is proposing up to 20 spaces using the existing garage and barn for interior parking, and to use the existing area around the house and barn for exterior parking. A detailed parking plan will need to be reviewed by the City Engineer to determine adequate surfacing. Planner Monson presented the staff report with details of the request. The development code permits multiple structures on the site to be used as part of the requested use. The current phase would not be adding any structures, only repurposing the existing buildings. A wetland delineation will be completed in the spring, to allow the applicant to site the hermitages and other future improvements outside of the wetland setbacks for the next phase requiring an amended CUP. The County must review and determine compliance of the existing septic system. A lot combination is recommended - the four Ag Core parcels combined into one, and the two GR combined into one. This would turn the site from six separate parcels to two, and clear up future zoning requirements applicable to accessory structures on each parcel. Planner Monson reviewed the criteria in Chapter One, Section 8.4 of the Development Code needed to be met to grant a CUP, and concluded with a recommendation of approval with findings and conditions written into a resolution. Findings included that the proposed reuse of the site is meant to preserve the existing buildings and allow the site to blend in with the current rural character of the area, would not have a negative effect on the Comp Plan or impacts to the use and enjoyment of properties in the vicinity. The proposed use is low intensity, and the initial phase is not adding structures or changing locations so existing views will not be impacted. The site has ample space to provide required parking and has access to required public facilities and services. Nine conditions of approval included lot combination, wetland delineation, final site plan, and County septic compliance. Chair Loeffler opened the public hearing at 7:42 p.m. Roger Tomten, site designer and applicant, Stillwater, stated that this is a unique land use application and he is available to answer questions. Sheryl Moran, applicant with Bethany Center for Prayer and Renewal, provided a description of the project, to operate silent directed retreats and to retain the natural beauty of the property. She thanked the neighbors who are expressing their concerns and support, saying she wants to be a great neighbor to them as well. There will be no changes to the existing buildings other than making them handicapped accessible and potentially adding a covered entryway on the Scandia Planning Commission March 1, 2022 Page 4 of 9 granary/chapel. Future additions of 12 individual cabins of 650 square feet would not be visible from the road and tucked into the existing setting. The only trees being removed are those which the former owner planted and will move to his new tree farm over the next two years. Nearby hunting activities will not be a concern — the use will be quiet and peaceful and the Center is not asking neighbors to shut down their lives. Ms. Moran said she will answer any specific questions. Tom Boynton, 23383 Nolan Avenue, said he feels in the dark about the plans and needs more detailed plans showing the cabins. Staff offered to provide him with printed copies of the proposed site plans. Mr. Boynton said he will welcome the new neighbors and offered to be a gatekeeper. Steve Schmitt, 23277 Nolan Avenue, said his concerns are for the waterways as there are lots of ponds in this area. Past construction on this property had water flowing to his property and he had to build a swale. There are issues whenever anyone around him builds. Bob Crain, 23265 Nolan Avenue, said the area is not always quiet, but this doesn't seem to be a concern. He asked if there will be any sounds such as bells calling guests to worship. Ms. Moran said no, there will be no bells or chimes. Mr. Crain asked if use of the Center will be extended to others besides use by priests. Chair Loeffler stated that all questions from the public will be asked of the applicant towards the end of the hearing. Scott Johnson, 23334 Nolan Avenue, said he lives across the street and asked if there will be any kind of screening? Will there be background checks for the guests? Amy Ryan, 13624 240th Street, addressed the criteria and findings #3 and #4 in the staff report — objecting that the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity, diminish property values, and will not impede the normal and orderly development and improvement of surrounding property. Ms. Ryan said there is a reason that people choose to live here. What truly is the benefit of this Center? Surrounding landowners do not see the criteria being satisfied. She has questions about who will be visiting. Ms. Ryan said this is a multi -phase development with the application talking about relying on charity donations — is this even possible? Because of the late submission of this information, she recommended tabling a decision if the Commission is not comfortable until all information is received. Because there is a short building season, this should not impact a decision. Lori Lavin, 12850 236th Street, referenced objection to criteria #2 in the staff report — the conditional use will enhance public welfare and will not be detrimental to the character of the area. She said this is a rural area, she values the community and country living here, and is a taxpayer. This organization will not be contributing to the taxes in Scandia. The City should look at the long-term use of this property, to maintain the rural community into the future. There will be congestion of public streets, and an effect on property values. Ms. Lavin said it is not comforting when you do not know the impact. Having many guests in the cabins is not being a good neighbor. A short season for building does not mean the City needs to make a quick decision. Scandia Planning Commission March 1, 2022 Page 5 of 9 Thomas Neary, 13624 240th Street asked if the cabins are meant for one person and how many months of the year will they be utilized? Will they be used to house illegal immigrants? Are any state funds helping with this project? Is licensing needed to operate the kitchen? Is it a tax exempt organization? Mr. Neary said this Center is not bringing anything into the city. If they are looking for beauty and quiet, will neighbors' hunting affect the quiet and lead to complaints for something that has been done for years? Mr. Neary said he is opposed to this project. Ms. Moran was asked to address lighting concerns. She said she wants to preserve the beauty and see the stars with no distractions; only minimal lighting, which may be solar footpath lights. Administrator Cammilleri said that a lighting plan would be needed if the applicant is making any changes to the existing. Addressing the number of guests, Moran said three will be one person to a hermitage, staying for various lengths of time — 3,5, 8, or up to 30 days. A priest will be on the property full-time and will have a background check. Addressing traffic, Moran said this will be minimal. Cars will be parked during their retreat and then drive home. Who will attend? People on retreat — priests, faith members, but not for harboring refugees, only if in the country legally. The Center would like to be used year-round. There are 3 bedrooms inside the home, and the maximum guests on the grounds initially would be 12-15. They have filed for 5016 non-profit status. Is a commercial license needed for cooking using the existing kitchen? Moran said she will check with the county health department to determine if the kitchen needs licensing. Ms. Moran was asked to describe the Hermitage design. They will not be excavated underneath (slab on grade or frost footing), consist of a bedroom, chapel/prayer area, small sitting area, screen porch, and a bathroom. They will be designed to look like a small farmhouse, and sited within the natural topography and existing vegetation. The farm has existing trails that will remain to be utilized as much as they can. The site will be kept very natural with no mass tree clearing or grading. She said she appreciated the comment to control water flow, and plans will make sure this will not happen to adjacent lands. Parking was discussed. As many as 76 spots were noted on the site plan for the purpose of showing the amount of room available to park vehicles, but 20 guests will be the maximum number on site. Mr. Tomten explained that there can be up to 6 stalls available inside the existing structures (garage and barn). There is existing asphalt around the house for the majority of the parking. A few parking areas could be on class 5 surface, but there will be no expansion of the existing asphalt. Planner Monson explained that the City Engineer will determine final surfacing requirements; the site plan shows what is existing. Moran said the chapel will be used by people on retreat at the site. In a silent directed retreat, guests are assigned 4 hours of prayer a day, and the chapel will be the primary building for praying for those on retreat. There may be alternative prayer locations added on the property, like small gazebos, not foundational structures. The chapel will not be used for outside events like weddings or funerals. Moran explained the project phases. They would like to first start renovating the main house to install an elevator and remodel bathrooms to make it handicapped accessible, and prepare a Scandia Planning Commission March 1, 2022 Page 6 of 9 butler's kitchen away from the main space. The house would be repurposed as the Hospitality Center and will provide meals and three bedrooms for housing visiting spiritual directors and retreatants. The granary will be renovated as a chapel, followed by the hermitages, a future home for the pastor, and a rebuild of the director's house at 13519 2401h Street. Administrator Cammilleri reminded the Commission that the CUP being considered this evening is for the initial improvements only — the Center, chapel, and parking area which needs an evaluation by the City Engineer. Another site plan must be submitted for the proposed future improvements, needing a CUP amendment. Grading and landscaping plans are required for the parking area improvements. Cammilleri said there are ordinance procedures to review the use and site plan; even though the future hermitages and priest's house are a later phase, it is still relevant to discuss them. To answer a question about number of employees, Moran explained the priest will be fundraising for his own salary, perhaps an endowment, and will be full-time on the site. At this point, Bethany Center is run by volunteers. It's intended to hire a cook, and cleaning and landscaping crews. The retreatants will pay a fee to attend, or to donate what they can reasonably afford, similar to Demontreville Retreat House in Lake Elmo. The Center has not yet started fundraising. Chad Anderson, 13940 230th Street, said he wants to be good neighbors with hunting activity to continue. How many units of 600 sq ft can be put on the site? What will this look like? Is the applicant getting special approval because it's a church? Does this change zoning for the area? If the property is not generating tax revenue, this is a problem long-term. Amy Ryan said it's not clear who is coming. The priests have background screening, but who else? Because of the non-profit status, she urged the Commission to review the impact and contributions and implications for Scandia. Ryan said it feels like transients coming into the site for a bed and breakfast. What is the connection this Center will have to the community? There is no commitment to hire local people, and said she is concerned it's moving forward too fast. There are various numbers of parking spaces; a lot of information with a lack of clarity. Moran responded that she knows there is hunting on neighboring properties and is not concerned. They will work out the parking situation with whatever they are asked to do — asking for 20 is understood, but they are showing the space is there without having to adjust the land. Guests are making a personal investment to attend a retreat, with Moran directing the retreats. She understands it's a broken world and a retreat offers a place of prayer and healing in a safe environment. The guests will be adults and priests, and not assigned from a recovery facility. There were no more public comments and Chair Loeffler closed hearing at 8:40 p.m. The Commissioners clarified with staff the conditional use of the organization on this property and the initial phase. Rynders asked if there are any changes not in accordance with the CUP would they need to amend the CUP? Cammilleri replied yes, the use being recommended for approval is for the described use only. Can the combined parcels be sold off in the future separately if the use is approved for entire site? Cammilleri said they would need to come back for a CUP amendment unless you clarify in the resolution to make it extremely clear. Attorney Scandia Planning Commission March 1, 2022 Page 7 of 9 Nelson explained that a CUP does not prevent a lot from being sold, but could leave to revocation of the CUP. The CUP will be recorded on each lot. Rynders noted that a historical survey confirmed the setback of the house — is a current survey needed? Staff answered that a wetland delineation is forthcoming. Rynders - why is a wetland map needed if there will be no exterior building in phase one? Cammilleri — the use of the property is changing, triggering a requirement for a wetland survey. The Commissioners discussed conditions related to restrictions on hours and noise. An attendant will be on-site 24 hours a day, so they concluded hours of operation would not be reasonable. Because there is a noise ordinance, and the use is a silent retreat, the Commissioners concluded setting noise limits would not be relevant. A condition exists for maximum capacity for no more than 20 people at a time. The Commissioners reviewed the criteria for granting a CUP as outlined in the staff report. 1. Compliance with the comprehensive plan — do not see negative effect. 2. Not be a detriment to health, safety, morals, comfort — possible depending on who the guests are; to require background checks of all guests could be overreaching. It's not a restriction in other permits, and may not be reasonable here at a silent retreat. Morals, comfort not an issue. 3. Not injurious to property in immediate vicinity, nor impair property values — The city assessor made a statement that unrestricted capacity, visibility of buildings, certain hours of operation, increased road use, loss of tax base could impact property values. The Commissioners noted the maximum capacity is at 20. 4. Development not impede normal development of surrounding property — okay, no issues. 5. Adequate facilities available — There is a condition to verify septic capacity with the county. Traffic will not be an issue on the roadways in a detrimental way. 6. CUP will conform with applicable regulations — no issues. Setbacks are met. 7. Complies with specific performance standards — see no issues. Chair Loeffler said if they consider denial, they need to come up with findings. Administrator Cammilleri said there are performance standards listed in the Development Code, Section 8.5 in Chapter 1. Wastewater has been addressed; parking and screening are also standards to consider. Rynders said the parking lot should be screened from neighboring properties. Applicant Tomten said there is an existing crushed rock surface for a parking area. Administrator Cammilleri said the required surfacing is not yet determined by the City Engineer. Twenty parking spaces have been designated in the CUP for maximum parking at peak use. The Commissioners discussed adding screening language as a condition, and referenced screening requirements found in the solar ordinance, to screen a certain percentage using approved plantings. A plan would need to be approved by staff. The Planner read through the recommended conditions, and screening language was added to Condition #3d. "Plans for any signage, landscaping, and outdoor lighting on the site. Scandia Planning Commission March 1, 2022 Page 8 of 9 Landscaping= plans shall show screening of parking at 90% as viewed from nei hg boring dwellin sem." There was consensus to strike minimum in Condition #3f. "Detailed plans for the on-site parking on the site, with a mini 20 stalls on-site. Said parking shall be of asphalt, concrete, or another surface as approved by the City Engineer, and adhere to applicable requirements of the Development Code." Rynders, second by Hogle, moved to adopt PC Resolution No. 2022-05, Approving A Conditional Use Permit for Parcels Located at 23393 Nolan Avenue North & 13519 240th Street North, as amended with changes to Conditions 3d and 3f. Motion carried 5-0 by roll call vote. The recommendation to approve the CUP will be presented to the City Council on March 15, 2022. CONTINUED: 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; AND DISCUSS CORRECTION OF CONFLICTING PROVISIONS RELATED TO PLANNED UNIT DEVELOPMENTS, CONSERVATION SUBDIVISIONS AND LOT AVERAGING. Staff recommended tabling discussion on proposed amendments to the development code, and will send out additional information to supplement this discussion for the next meeting. PROPOSED MORATORIUM ON DISTRIBUTION SCALE SOLAR ENERGY SYSTEMS — CALL FOR PUBLIC HEARING At their meeting on February 15a', the City Council reviewed a draft ordinance placing a temporary moratorium on new development of distribution scale solar energy system facilities in the city and directing a study to be conducted, to address concerns related to the effectiveness of the current distribution solar ordinance. The Council approved the draft and directed the Planning Commission to hold a public hearing on the interim ordinance. Loeffler, second by Engstrand, moved to direct staff to schedule a public hearing on a proposed interim ordinance placing a moratorium on distribution scale solar energy systems for the April 5, 2022 meeting. Motion carried 5-0 by roll call vote. CITY COUNCIL UPDATES Planner Monson reported that the City Council approved the variance for Susan Rodsjo as recommended by the Commission. FUTURE ITEMS There will be a public hearing on a solar moratorium, and discussion on development code amendments. Scandia Planning Commission March 1, 2022 Page 9 of 9 ADJOURNEMENT Engstrand, second by Libby, moved to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 9:55 p.m. Respectfully submitted, Brenda Eklund City Clerk