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08.b Draft minutes 06-07-2022 Planning Commission June 7, 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 7:02 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 and City Clerk Brenda Eklund. City Council member Jerry Cusick was also present. PUBLIC FORUM No public comments were made. APPROVAL OF AGENDA, MINUTES Chair Loeffler added discussion of a petition to vacate an easement to Goose Lake as Agenda Item # 7.a. Hogle, second by Rynders, moved to approve the agenda as amended. Motion carried unanimously. Hogle, second by Rynders, moved to approve the May 3, 2022 minutes as presented. Motion carried unanimously. Hogle, second by Rynders, moved to approve the May 23, 2022 minutes as presented. Motion carried unanimously. PUBLIC HEARING: VARIANCES TO BUILD AN ACCESSORY STRUCTURE WITHIN THE REQUIRED 75-FOOT SETBACK FROM A MANAGE 1 WETLAND AT 23820 LOFTON AVENUE NORTH. APPLICANT GARY MARKGRAF. PC RESOLUTION NO. 2022-06 Gary Markgraf has applied for variances from wetland setback and road setback to construct an accessory structure on his property at 23820 Lofton Avenue North. The property has a wetland occupying the western half of the 3.26-acre site. The wetland was identified by the Washington Conservation District as a Manage 1 wetland which requires a 75-foot minimum setback. District staff measured a distance of 36 feet from the edge of the wetland to the proposed structure. Due to the placement of the structure at a distance of 42 feet from the right-of-way, a variance is needed from the 50-foot setback from a major collector road. Planner Monson presented the staff report with a detailed evaluation of the request. The existing septic system and well, along with other required setbacks, limit options elsewhere on the site for the structure. Review by the City Engineer and Watershed noted that grading and erosion control permits will be necessary for construction of the pole barn. Monson reviewed the variance criteria and recommended approval of the request based on findings of support. The lot lacks buildable area outside required setbacks, the variance would not alter the character of the area, Scandia Planning Commission June 7, 2022 Page 2 of 6 and the practical difficulties are not caused by the landowner and are unique to the property. A resolution with findings and conditions of approval was prepared. Chair Loeffler opened the public hearing at 7:13 pm. Applicant Gary Markgraf said he is available to answer any questions. There were no other comments and Chair Loeffler closed the hearing at 7:14 p.m. Commissioner Rynders said that he did not see markings to delineate the wetland while on the site visit prior to the meeting. Administrator Cammilleri explained that Jay Riggs, the City’s consultant for wetlands, measured the edge of the wetland and recommended that a formal delineation would not be required. Cammilleri confirmed that the applicant has gone through the proper procedures with staff. Chair Loeffler asked if the existing fill material on the site had triggered any permits up to now. Cammilleri stated that Mr. Riggs provides the expert advice of the Conservation District and has found no violations. Loeffler said that nothing was staked out for the proposed structure, only a marker for the closest edge so that it’s not clear where the barn is going. Cammilleri said that the Commission can ask the applicant for more details, but more was not required by staff. Cammilleri explained that staff is allowed to have discretion for site plan submittals, and Mr. Riggs has been consulted and confirmed the plan with the applicant. Requiring a wetland delineation is an onerous process that was not needed in this case, but the Commission could request it. Commissioner Rynders said he is not comfortable not knowing exact locations of the wetlands and structure. Commissioner Libby said there are not many places on the site where the building can go, and she is not as concerned as Commissioner Rynders. Mr. Markgraf stated he showed Mr. Riggs the closest point of the barn as measured by Mr. Riggs to be 36 feet, and said he will guarantee the barn will not be any closer and they can have his work on that. Cammilleri said that staff can verify the location before issuing the building permit. Loeffler said that typically on the Commission’s site visits the locations are staked out and edges of wetlands are marked. Cammilleri said staff does verify site plans when issuing permits; they are not issued without verification. Commissioner Hogle said she is going on Cammilleri’s word that the site plan will be verified and is good with that. Commissioner Rynders said he doesn’t know where the measurements are accurate, and is not comfortable with the site plan, Scandia Planning Commission June 7, 2022 Page 3 of 6 Libby, second by Hogle, moved to adopt PC Resolution 2022-06, Approving Variances for 23820 Lofton Avenue North. Motion carried 4-1 with Rynders opposed. The recommendation to approve the variances will be presented to the City Council at their meeting on June 21, 2022. PUBLIC HEARING: DRAFT UNIFIED DEVELOPMENT CODE AND ZONING MAP FOR THE CITY OF SCANDIA The first public hearing on the Draft Unified Development Code and Zoning Map was held by the Commission at a special meeting on May 23, 2022. The Commission determined that a second public hearing be scheduled for June 7th. SHC Consultant Jennifer Haskamp provided a summary of the key outcomes to consider following the first hearing. In addition, Haskamp explained that the zoning map was prepared with PUD overlays to existing subdivisions and the underlying zoning for properties within the River District overlay was reverted to Ag Core. It was confirmed that a change to the zoning map will not require amendments to the City’s Comprehensive Plan map. The May 23rd hearing outcomes were summarized: • Accessory Building standards regarding the number of permitted buildings • Permitted encroachments • Adjustments to Local Solar Energy Systems (SES) Chair Loeffler opened the public hearing at 7:43 p.m. for anyone addressing the carryover issues. There were no comments and the hearing was closed. Commissioner Rynders said he is in favor of increasing the number and size of accessory structures on larger lots. Commissioners Libby and Hogle stated their agreement. Because most requests for more buildings are found with properties between 5-10 acres, it was suggested to add an additional building/shed to each category in the table starting with 5 acres, incrementally increasing to allow 5 total accessory buildings on properties larger than 80 acres. Staff noted there remains the flexibility of a CUP to go beyond the allowed number. Hogle said this does not sound like overkill and it’s better to have items stored inside. Discussion continued on allowing more square footage for accessory structures for personal storage. Commissioner Libby suggested incremental increases to total square footage beginning with 1,000 square feet on parcels less than an acre, up to 12,000 square feet for properties 80 acres and larger. Staff explained that maximum lot coverage can limit the size on smaller lots. There was consensus to edit the accessory structure table for allowed number of buildings and total square footage used for personal storage. Ag buildings remain unlimited for properties over 20 acres. The Commissioners said they approved the listing of encroachments into setbacks up to 48”, and recommended that mechanical equipment such as air conditioning units be added. Staff recommended adjusting Local SES code language to “Listed” (eliminate UL-Listed) to be consistent with industry standards. The Planner recommended to keep the allowed square footage of ground mounted solar arrays to a maximum size of 800 square feet, with flexibility to Scandia Planning Commission June 7, 2022 Page 4 of 6 go larger needing a CUP. Administrator Cammilleri explained that the predetermined size of the solar arrays comes from the utility company, sized to meet the needs of the home’s usage; the current ordinance language may not be applicable. Chair Loeffler said he would hate to see residents’ solar needs be limited. Commissioner Libby said the ordinance should accommodate solar needs as much as it can. Commissioner Rynders said there is an aesthetic reason for the size limit, and they should consider how a large solar array may affect a neighborhood. Cammilleri said that he will research the common size of residential solar installations needed to meet the industry standards, saying it may not be a dramatic increase but it shouldn’t be overly onerous for a property owner to install the necessary sized solar system. The Commissioners agreed on a staff recommendation based on research for maximum size, and to adjust code language to “Listed”. Chair Loeffler opened the hearing at 8:22 pm for other comments. Nick and Emily Earl, 16901 St. Croix Trail, said they operate a home-based pottery trade, and propose to host an open house twice a year over 3 days. Earl said he asked staff about the process for approval of this type of event and it appears it is not addressed in the home occupation ordinance. Staff recommended he speak at the hearing to address language to permit his proposal. Administrator Cammilleri explained that the development code language for home occupation requirements is simple, but Mr. Earl’s concept doesn’t allow flexibility for the productivity of his business to host an open house situation. Cammilleri recommended language similar to that of May Township, to allow a maximum number of events per year in a CUP structure. Chair Loeffler said yes, the City should have this in the ordinance. The Commission directed staff to research this language for potential addition. Brian Heller, 11090 190th Street, asked about his written comments regarding accessory structures for a garbage corral within the front yard setback, and are there any reservations by staff. Administrator Cammilleri said no, as long as it is not in the right-of-way. Commissioners agreed the structure could be up to 120 square feet, not to exceed 8’ in height, allowed within the front setback but outside of the ROW. Mr. Heller asked about restrictions on a chain-link fence; proposed language says a chain-link fence cannot be visible from the ROW, so not allowed on a corner lot. He asked why was chain- link singled out? Haskamp explained this fence language being referenced is found in character area standards for non-residential uses like rural event centers. It would not apply to residential properties. Regarding fences for agricultural uses, Administrator Cammilleri recommended language to allow ag fences to be up to 12’ in height. The draft language limits residential fences to 8’. Administrator Cammilleri recommended the Commissioners consider increasing the allowed 1,000 square feet of living space for accessory dwelling units. Haskamp offered language to allow a loft situation up to 50% of the main floor footprint, allowing up to 1,500 square feet of Scandia Planning Commission June 7, 2022 Page 5 of 6 living space. Commissioners were in favor to direct staff to draft this language into the unified development code. There were no other public comments to address changes to the draft zoning code. Rynders, second by Libby, moved to recommend approval of the Draft Unified Development Code and Zoning Map to the City Council with the recommendations as approved tonight. Motion carried 5-0. Administrator Cammilleri clarified that a resolution will be prepared for the City Council’s consideration of approval based on the Commission’s recommendations for the Council meeting on June 21, 2022. CONTINUED: STUDY OF DISTRIBUTION SCALE SOLAR ENERGY SYSTEMS (SOLAR FARM) ORDINANCE Planner Monson prepared a draft of survey questions as discussed last month – to conduct a community survey on solar farm issues. Mike Lubke provided additional recommendations on the questions. Commissioners agreed that the survey should be short and concise. Staff will bring back a revised survey for more discussion at the July 5th meeting. DISCUSSION ON PETITION TO VACATE A PEDESTRIAN WAY TO GOOSE LAKE In April, the City Council received a petition to vacate a public easement which terminates at Goose Lake. The Council will conduct the public hearing on this issue at their meeting on June 21st. Chair Loeffler stated that it is within the Comprehensive Plan to maintain opportunities for people to use public easements, rights-of-way, and parks, and that the City should maintain the easement in question. Loeffler recommended the City retain this easement for the community. Commissioner Hogle noted that the item was tabled last month because the Commission did not know what this was about. Administrator Cammilleri stated that this is a complicated issue. The segment is legally defined as a pedestrian easement that should have been dedicated to the homeowner’s association, but was added and dedicated to the Township after the development was created. The neighborhood seemed unaware of it until the petition came up. Now members of the subdivision have illegally built out the easement, causing instances of trespassing and done illegally without proper permits. The easement is not a city trail until formally adopted as a trail and used in accordance with the permitted uses. Cammilleri explained that the underlying landowner has brought forward the petition to vacate the easement. The easement would need to be improved to offer the entire community the benefit of an access to the lake – there are two substantial wetlands that hinder movement across the easement, making improvements problematic and complex. Cammilleri stated that at this point in the process, it is not the obligation of the Commission to review the petition. The Council will make a determination on the petition, and then it will make sense for the Commission to be involved. Because the Comp Plan says nothing about this easement as a trail, an amendment to the Comp Plan would be required. Cammilleri explained Scandia Planning Commission June 7, 2022 Page 6 of 6 that if the Commission were to weigh in at this point, they should look at the petition and supporting documents. Chair Loeffler said he is making a recommendation to retain the current easement. The neighbors who attended last month’s public forum did not know their work was illegal, and have asked for a footpath to the lake. Cammilleri asked the Commission to consider if the easement benefits the entire community. There are wetlands to cross, making use as a walking path deeply challenging. Only the association can access it now, and broader access to the entire community is not there. Cammilleri questioned how it would be maintained and funded. If not maintained, the City has a liability to users’ personal safety. Cammilleri advised that the Commission can make a motion for this issue. Loeffler, second by Libby, moved to recommend the Council retain the easement to Goose Lake based on the Comprehensive Plan to maintain parks and public space for this easement that has potential to be a trail. Motion carried 5-0. FUTURE ITEMS Staff announced that there are five applications for zoning reviews in queue for the July 5th meeting. ADJOURNMENT Loeffler, second by Rynders, moved to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 9:53 p.m. Respectfully submitted, Brenda Eklund City Clerk