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8.b Draft minutes 05-03-2022 Planning Commission May 3, 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 7:04 p.m. The following were in attendance: Commissioners Jon Engstrand, Jan Hogle (remote), Kirsten Libby, Perry Rynders, and Chair Travis Loeffler. Staff participating: City Planner Evan Monson, City Administrator Ken Cammilleri, City Council member Jerry Cusick, and City Clerk Brenda Eklund. PUBLIC FORUM Shaun Holtgreve, 22739 Olgilvie Avenue, stated that he is opposed to a petition to vacate a public easement terminating at Goose Lake. This petition was presented to the City Council at their meeting on April 5, 2022. City Administrator Cammilleri explained that the City Council will hold the public hearing on the petition at their meeting on June 21, 2022. The Council will determine the next steps based on their decision to either deny the petition, vacate the easement, or authorize improvements. Cammilleri stated that no maintenance work is allowed in the city’s 20-foot pedestrian use easement by anyone not permitted and licensed by the city. Clearing being done by the Goose Lake Homeowners Association must cease immediately; the easement is strictly for pedestrian use and motorized vehicles, docks and structures are not allowed. Cammilleri explained that there is potential liability to the city when the easement is not used properly. The snowmobile traffic and other vehicles are putting the city at jeopardy. Cammilleri said this is a unique right- of-way for which the city does not hold underlying title to the land. There is trespassing by anyone going off the 20-foot-wide easement. Mr. Holtgreve asked if the city could mark the easement. Cammilleri said there has been no official authorization for any improvements on the easement, and staff will wait for the Council’s decision following the public hearing. Cammilleri noted that an amendment to the comprehensive plan would be needed to develop the easement for recreational use. Don Baber, president of the Goose Lake Homeowners Association, 22830 Olgilvie Avenue, said the Association is opposed to the vacation of the easement. Baber said when the lots were purchased, owners were given the easement information and the Association took it upon themselves to clean the trail using the necessary equipment. Cammilleri said that the city’s right- of-way ordinance trumps the language of the Association’s bylaws, making the clearing that is going on unacceptable. Mr. Baber said the trail cannot be vacated according to the Association terms of the conservation document. Cammilleri said the easement should have been titled to the Homeowners Association, but was not and is now in the city’s hands; it’s unknown why the easement dedication occurred after the final plat and developer’s agreement for the subdivision. Cammilleri said the conservation document would only be applicable if the legal description is defined in the document, but the easement was apparently created after final plat recording. Scandia Planning Commission May 3, 2022 Page 2 of 5 Mr. Baber concluded by saying he wants to convey to the Planning Commission that vacating the easement would be bad for the community. There were no other public comments and Chair Loeffler closed the public forum at 7:25 p.m. APPROVAL OF AGENDA, MINUTES Chair Loeffler announced an addition to the agenda: #7) Discuss a recommendation to the City Council regarding a petition to vacate an easement. Rynders, second by Engstrand, moved to approve the agenda as amended. Motion carried unanimously by roll call vote. Hogle, second by Rynders, moved to approve the April 5, 2022 minutes as presented. Motion carried unanimously by roll call vote. DISCUSSION ON THE DRAFT UNIFIED DEVELOPMENT CODE AND CALL FOR PUBLIC HEARING An open house on the Draft Unified Development Code was held on April 11, 2022 in preparation of a public hearing on the document and updated zoning map. Rynders, second by Engstrand, moved to schedule the public hearing on the Draft Unified Development Code for Monday, May 23, 2022 at 7:00 p.m. Motion carried unanimously by roll call vote. Commissioner Hogle shared comments and questions on the draft document. Commissioner Hogle explained that some of the acronyms used in the document should be clarified, and identified typographical errors to be corrected. The Commissioners were in consensus to accept the corrections and to forward these corrections to the consultant. Administrator Cammilleri noted the written comments from Brian and Janet Heller, property owners at 11090 190th Street, as provided in the meeting packet. The Commission discussed the comments provided by Brian and Janet Heller. • 153.200.030 Subd. 1. A. I. c. describes items that can encroach into setback areas. In all cases the Development Code states the allowed encroachment distance is 3 feet. We request the space be increased to at least 4 feet, in particular to accommodate accessible ramps. The Commissioners recommended the code allow encroachment up to 4 feet, and to direct the consultant to recommend an expanded list of acceptable items that can extend into the setback area. • Table 153.2002030-20 Accessory Building Dimensional Standards Table. Hellers wrote that large lots could support larger numbers and sizes of accessory structures. The Commissioners agreed that the table could be adjusted upward for properties 5 acres and greater, and directed the consultant to prepare an adjustment to the table for the public hearing. • 153.300.030 USE SPECIFIC REGULATIONS, Subd. 1, (II) Wind Energy Conversion Scandia Planning Commission May 3, 2022 Page 3 of 5 Systems (WECS). Wind energy conversion systems must comply with the following standards: II. Rotors may not exceed 26 feet in diameter and must have a clearance of 30 feet over any tree or structure within the parcel where it is located. Mr. Heller explained this is confusing; if only a clearance of 30’ is required and elevation is not important then perhaps the word “from” would be more appropriate than the word “over” in the section above in bold. The Commissioners agreed that the standard should be clarified. • 153.400.030 SITE AND BUILDING DESIGN, Subd. 3. Building Type and Materials. (A) General Standards, III. Finished Building Material for Principal Structures. For clarification: How does this section relate to exposed (above grade) foundation walls, primarily poured concrete or concrete block? Do exposed foundation walls need to be covered in a finish material? Administrator Cammilleri explained that the language applies to structures, not foundations and the interpretation as worded is correct. Chair Loeffler left for a fire call at 8:00 p.m. Vice Chair Hogle managed the remainder of the meeting. • 153.400.040 CHARACTER AREA STANDARDS, 153.400.040 Subd. 1. B. I. g. and II. d. Fences. Brian Heller said this seems too restrictive, and is interpreted that chain link fences are not allowed when they can be viewed from the right-of-way. The draft UDC was reviewed, and determined that language from the architectural guidelines was merged into the fence section, and shouldn’t be applicable to residential properties. Staff will work with the consultant on correcting this section. Cammilleri recommended lowering the allowed height of residential fences from a 12’ maximum to 6’ to 7’, but allowing an exception for agricultural fencing. • A few other items were reviewed for clarity, and no changes were needed. Staff will check on formatting the tables. Garbage corrals at the end of driveways could be defined as structures within a setback. Cammilleri stated that garbage corrals are not prohibited, but there are some inconsistencies with setbacks which could be addressed. • Hellers asked if language can be added to permit construction of an Accessory Structure prior to the Primary Structure. A proposal for this would be to allow an accessory structure to be built prior to the primary structure with the understanding that a primary structure must be constructed within 36 months of the accessory structure being approved. In their case, they would like to prepare their building site over the next two years and propose storing the equipment on the property inside a building. Cammilleri said this is not currently prohibited as long as there is an active building permit for the primary structure, but asked if flexibility should be added for certain conditions because the building process can be long. On a related topic, Cammilleri stated that other possible temporary dwelling units during construction be considered, and will have the consultant prepare a list of acceptable dwellings for the public hearing. • The Hellers concluded that they have been unable to find language in the newly proposed Unified Development Code that describes the current exception to allow Accessory Structures to be built closer to the right of way than the Primary Structure on properties greater than 5 acres. Scandia Planning Commission May 3, 2022 Page 4 of 5 Cammilleri said he is not sure why this exception is not in the draft, and could think of no reason it was eliminated. Cammilleri said it could be made a conditional use to keep accessory structures more flexible, and recommended moving away from variances. Staff recommended this language be drafted for the public hearing for consideration. STUDY OF DISTRIBUTION SCALE SOLAR ENERGY SYSTEMS (SOLAR FARM) ORDINANCE At their meeting on April 5th, the City Council adopted a temporary ordinance placing a moratorium on solar farms and directed the Planning Commission to study the current ordinance for potential changes. The moratorium outlines a scope of what to include in the study, such as: • The zoning districts in which distribution SES shall be permitted in • The density and concentration of distribution SES • Better addressing concerns with screening • Better understand the effect of distribution SES on other uses and environmental conditions in surrounding areas • Appropriate conditional use permit requirements • Other items, as needed Planner Monson said it is key to start identifying potential ideas and strategies that could address the items of study in the moratorium. Administrator Cammilleri added that the Council is concerned about having more solar farms, and what limitations are appropriate for solar farms. Commissioner Rynders said it appears there is a public concern about more solar farms; the wisest approach is to figure out what the public is objected to, and mitigate these concerns. Rynders said the Commission would benefit to better understand the public objections and mitigate those that the Council is hearing. Rynders noted that social media sites have complaints which could be gathered to try to solve these concerns. Administrator Cammilleri suggested a survey be conducted to understand the concerns. Commissioner Hogle said she had made a Facebook post on solar farms, and found the primary objection was the visual impact on the landscape, such as the electrical connections and the accessories to the panels themselves. Cammilleri said that the Commission may want to develop options for the council to consider along the way, such as screening improvements, restricted areas, and other factors to meet their expectations. Staff will begin outreach with a community survey, consult with other government agencies for comments, and compare solar ordinances from other communities. With assistance from Mike Lubke, the solar capacity map was explained. Staff announced that the Solar Operator of the Solar Farm at 23703 Oldfield Avenue has invited city officials to a site visit on May 17, 2022 at 5:30 p.m. Scandia Planning Commission May 3, 2022 Page 5 of 5 ADDITION: PETITION TO VACATE AN EASEMENT TERMINATING AT GOOSE LAKE Chair Loeffler added a discussion on a recommendation to the Council on the petition to vacate an easement, but had left the meeting for a fire call at 8:00 p.m. Staff advised that under the public forum policy, the Commission cannot take formal action on any item not on the agenda, but the item may be referred to a future meeting for further consideration. The Commissioners all stated that they are not familiar with the petition issues. Cammilleri explained that the petition to vacate a right-of-way goes to the City Council, and the Planning Commission could take action after the Council decision if needed. In this case they could be involved at the comprehensive plan level. Cammilleri recommended tabling discussion to a future meeting. Commissioner Rynders agreed, stating this was not on the published agenda and there may be others not present who would like to speak on the topic. Cammilleri explained that taking a position is not prohibited, but any recommendation should be supported by the principles of the comprehensive plan as a foundation. Commissioners were in consensus to table a discussion on the petition to vacate a right-of-way to a future meeting. FUTURE ITEMS There is a potential variance application for the meeting on June 7th. ADJOURNEMENT Engstrand, second by Libby, moved to adjourn the meeting. Motion carried 4-0 by roll call vote. The meeting adjourned at 9:07 p.m. Respectfully submitted, Brenda Eklund City Clerk