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08.b Draft minutes 11-01-2022 Planning Commission November 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 Jan Hogle called the meeting to order at 7:06 p.m. The following were in attendance: Commissioners Laszlo Fodor, Jan Hogle, Kirsten Libby, Mike Lubke, Perry Rynders. Staff present: City Planner Evan Monson (virtual), City Administrator Ken Cammilleri, and City Clerk Brenda Eklund. City Council member Jerry Cusick was also present. PUBLIC FORUM There were no public comments. APPROVAL OF AGENDA, MINUTES Rynders, second by Libby, moved to approve the agenda as presented. Motion carried unanimously. Rynders, second by Fodor, moved to approve the October 4, 2022 minutes as presented. Motion carried unanimously. PUBLIC HEARING: VARIANCES TO CONSTRUCT A SINGLE-FAMILY DWELLING ON A NONCONFORMING LOT, WITH PORTIONS OF THE HOUSE AND SEPTIC TANKS LOCATED WITHIN WETLAND SETBACKS AT 18558 LANGLY AVENUE NORTH. RICHARD PAULSEN, APPLICANT. PC RESOLUTION NO. 2022-14 Planner Monson described the variance application from Richard Paulsen to construct a single- family residence at 18558 Langly Avenue North, located within the Shoreland Overlay of Big Marine Lake. The 1.04-acre lot is currently vacant, with a Manage 2 wetland at the northeast corner. The property is defined as legal non-conforming and requires variances to develop the lot. The house will be built on the south half of the parcel; portions of the house, deck, and driveway would be located within the required 50’ structure setback from the wetland, and within the required 75’ setback for the septic tanks. Planner Monson provided a table describing the proposed variances. Wetland Setback Required Proposed Setback from wetland Variance (Required – Proposed) House 50’ 29’ 21’ Deck (attached to house) 50’ 25’6” 25’6” Concrete Driveway 50’ 44’6” 5’6” Septic Tanks 75’ 26’6” 48’6 Scandia Planning Commission November 1, 2022 Page 2 of 5 Comments from the Watershed and City Engineer were documented in the staff report. Planner Monson explained that the request is being evaluated under the previous development code due to the timing of the application. Differences were noted, including that a 20’ setback from side property lines is required under the prior zoning code, now changed in the Unified Development Code to a 10’ side yard setback. Planner Monson concluded with a recommendation to approve the variances to develop the lot with a new residence, with findings and conditions presented in a resolution. Conditions included that the contiguous parcels under the same ownership be combined into one lot, the applicant involve the city’s public works staff with plans for the driveway, trench, and culvert work, obtain applicable Watershed and wetland permits, and require a tree replacement plan and grading permit. Chair Hogle summarized the site visit, at which the Commissioners observed the proposed location of the house and parcel features. Chair Hogle opened the public hearing at 7:20 p.m. Richard Paulsen, applicant, addressed the 20’ side setback on the south end of the lot, proposing if he were to apply under the new UDC to shift the house and meet a 10’ setback, the variances would be lessened. Paulsen explained that the neighbor’s utilities and shared septic tank are on this property line with utility lines going around the tanks, making it problematic to be any closer than 20’ from the property line. As well, drainage would be affected if shifting the house to the south. Paulsen said there are too many obstacles to overcome in moving the house location closer to the lot line. Three were no further comments and Chair Hogle closed the public hearing at 7:24 p.m. Commissioner Rynders asked what is the Washington Conservation District? Administrator Cammilleri explained that this agency is responsible for wetland regulations. It is a contracted agency to advise compliance with wetland issues and enforce the Wetland Conservation Act. Wetland Specialist Jay Riggs advises on wetland issues for building proposals in Scandia. Commissioner Rynders said that the lot across the street is also owned by the applicant; does this have to be combined with the lot being built on? Administrator Cammilleri said no, it is not contiguous. Planner Monson explained that the lot directly to the north, Lot 9 of the Bliss Plat, is under the same ownership and will be required to be combined with the parcel being developed. Commissioner Lubke asked Mr. Paulsen if he has talked with the Washington Conservation District? Mr. Paulsen said yes, he has the wetland delineation report and TEP panel findings. Commissioner Hogle said she understands that moving the house to the south is not reasonable after hearing the remarks about utilities and drainage. Commissioner Fodor asked for clarification about combining the lots. Planner Monson explained that the ordinance requires that contiguous properties under the same ownership are required to Scandia Planning Commission November 1, 2022 Page 3 of 5 be combined to make the lots more conforming. Administrator Cammilleri added that the goal is to reduce other nonconformities and get as close as possible as to what the ordinance requires. Cammilleri stated that Lot 9 has significant sloping and is not buildable; but adding the lots together could be a benefit in lot area for any future accessory structures such as a small shed. Mr. Paulsen said it has been frustrating work over the past two years to get to a plan that satisfies the city and Watershed, saying the green area on the survey is a buffer area required by the Watershed. Knowing that the lots need to be combined, there could be rearranging of the buffer area. Commissioner Libby asked what if the buffer area is driven through? Mr. Paulsen said service trucks can drive in this natural vegetation area, and repairs would be done if damaged. Commissioner Fodor asked about the temporary driveway. Mr. Paulsen said it’s shown on the survey to the back of the house for construction purposes and to service the well in the future. Mr. Paulsen said he is not planning for it to be removed. Administrator Cammilleri said the driveway will be addressed with the driveway permit with a condition to work with the city’s public works department who have recognized the need to keep the culvert which should be fine. Commissioner Rynders said evaluating the variance request for minimum action gives him concern, saying this is a 2,400 square foot home with a driveway and deck. Rynders said this lot already has issues with wetlands, and he is concerned the house is too large for the lot. Administrator Cammilleri pointed out that the impervious lot coverage is at 9.4%, well under the maximum of 25%. Commissioner Rynders said the point is the number of variances being requested. If Mr. Paulsen reduces the size of the structure, it will lessen the variances. Mr. Paulsen said the square footage is 2,100 square feet because the survey calculation includes the overhang, saying he has already shaved off 14’. Commissioner Libby stated that the home will be multigenerational, with family caring for elderly parents; a 3-bedroom home is not out of line for how she is analyzing it. Commissioner Rynders said that adding Lot 9 makes it larger, and so he is alright with the house size as presented. Chair Hogle said variance criteria review has a certain subjectivity. Because the purpose of the home is to be multigenerational, some leeway may be needed. Hogle said this variance request does meet criteria with staff findings and she is okay with moving forward with approval of the request for variances. Administrator Cammilleri said the applicant has downsized the design from the initial request. Commissioner Rynders asked about the condition that the culvert be removed after completion of the work. Administrator Cammilleri advised that it would be okay to remove this condition. Scandia Planning Commission November 1, 2022 Page 4 of 5 Commissioner Libby asked about Condition #6 to require a tree replacement plan, as the lot appears heavily wooded in the back. Administrator Cammilleri said the applicant will submit a landscape plan along with the grading plan to show trees being removed, and their replacement. Mr. Paulsen said only necessary tree removal will be done for the driveway and building area. Rynders, second by Libby, moved to adopt PC Resolution No. 2022-14, Approving Variances for 18558 Langly Avenue, with an amendment to remove the requirement from Condition #4 that requires removal of the culvert servicing the temporary driveway. Motion carried 5-0 by roll call vote. The recommendation to approve the variance request will be presented to the City Council at their meeting on November 16, 2022. DISCUSSION ON SOLAR FARM MORATORIUM AND STUDY At the last meeting, it was reported that the community survey results on commercial solar farms was inconclusive in giving direction on regulating solar farms. Administrator Cammilleri advised the Commission to not waste time working on an ordinance that the council may not support, but rather provide research on the criteria laid out in the moratorium in a report to the Council. The Commission should evaluate whether the current regulations are adequate for the city’s goals in regulating solar farms, with a focus on the nuisance visibility component. Cammilleri noted an example from Section 3.1 of the moratorium – are appropriate CUP requirements in place to screen the facilities, and how could screening be improved. Administrator Cammilleri explained the goal is to produce a report with findings and recommendations in terms of regulating solar farms. The Commission can recommend what should be done based on rationale within the report, but needs to make sure all rationale is set out appropriately. Cammilleri said the report can give information, then let the Council decide which direction to go. The Commission reviewed the City of Wyoming’s zoning map showing a commercial solar overlay primarily along certain corridors within the city. Commissioner Lubke said this could be a way to map Scandia viewsheds and where solar could be allowed or not allowed. Commissioner Rynders said the survey results showed that some of the public would like to see better screening and better enforcement by the city, and that solar arrays be only allowed in specific designated areas. Administrator Cammilleri said they had hoped the survey would give a clear mandate on direction, but this didn’t happen. Chair Hogle said the survey had a low response rate with divided opinions both for and against solar farms. Commissioner Lubke said two recommendations could be that 1) require a ground box transformer versus poles, for a goal to minimize poles; 2) require screening, including screening canvas, to be completed before the arrays are installed. Administrator Cammilleri said that vegetation takes time to grow, and the city needs to provide a developer with a realistic time Scandia Planning Commission November 1, 2022 Page 5 of 5 frame to establish screening, and there could be challenges to doing this. Staff will consult with the city attorney on the ability to withhold a building permit until landscaping is established. The Commission asked staff to draft a report for discussion at the next meeting, including goals to amend the ordinance for better screening with flexibility, better enforcement action and corrective action capabilities, specific designations of areas where solar farms can be built, minimizing poles, and requiring screening to be in place prior to installation of arrays. CITY COUNCIL UPDATES Planner Monson reported the following actions by the City Council at their meeting on October 18, 2022. • Approved Variances to add onto an existing cabin and construct a detached garage, located at 16940 197th Street North with the conditions as recommended by the Commission. • Approved an extension of a previously approved variance, located at 19235 Larkspur Avenue North to June 20, 2024 as recommended by the Planning Commission. • Approved the Final Plat for Tii Gavo 2nd Addition. The Planning Commission in August recommended approval of the Preliminary Plat, also approved by the Council at their August 16th meeting. • The City Council elected to move forward with a new consultant for planning services, starting in 2023. FUTURE ITEMS: Next meeting – December 6, 2022 There is a proposed conditional use permit, a review of a draft solar report, and a potential subdivision. ADJOURNMENT Rynders, second by Lubke, moved to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 8:57 p.m. Respectfully submitted, Brenda Eklund City Clerk