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08.b Draft minutes 12-06-2022 Planning Commission December 6, 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 6:03 p.m. The following were in attendance: Commissioners Laszlo Fodor, Jan Hogle, Kirsten Libby, Mike Lubke, Perry Rynders. Staff present: City Planner Evan Monson, City Administrator Ken Cammilleri, Interim City Administrator Anne Hurlburt, and City Clerk Brenda Eklund. City Council member Jerry Cusick was also present. PUBLIC FORUM There were no public comments. APPROVAL OF AGENDA, MINUTES Chair Hogle added staff introductions to the agenda, to follow approval of the agenda. Rynders, second by Libby, moved to approve the agenda as amended. Motion carried unanimously. Administrator Cammilleri is ending employment with the city on December 31, 2022. Anne Hurlburt introduced herself as the interim city administrator until the next city administrator is hired. Hurlburt was the first Scandia City Administrator hired in 2006, and retired in 2012. In October 2022, the City Council voted to contract with Bolton & Menk for planning services. TJ Hofer, Bolton & Menk, introduced himself as the new city planner beginning in January 2023. Rynders, second by Lubke, moved to approve the November 1, 2022 minutes as presented. Motion carried unanimously. Staff briefed the Planning Commission about their discretionary authority in analyzing zoning matters and how applications must fit the goals of the city’s comprehensive plan. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A DETACHED ACCESSORY STRUCTURE AND ADMINISTRATIVE PERMIT FOR AN ACCESSORY DWELLING UNIT AT 23183 MEADOWBROOK AVENUE NORTH. MIRA AND MICHAEL NORCROSS, APPLICANTS. PC RESOLUTION NO. 2022-15 Mira and Michael Norcross are proposing to construct a detached accessory structure that would be 5,758 square feet in size on the southwest portion of their property at 23183 Meadowbrook Avenue. The property is 19.45 acres, which allows for up to three accessory structures totaling 5,000 square feet per Table 153.200.030-20 in the Unified Development Code. The code allows for an exception through a Conditional Use Permit to exceed the number and square footage thresholds of up to 25% of the total square footage. Scandia Planning Commission December 6, 2022 Page 2 of 11 Planner Monson presented an evaluation of the request. The middle portion of the parcel has a DNR identified natural environment lake which requires a 200-foot setback and defines the property to be within a shoreland management overlay. As part of the proposed structure, the applicants are also proposing to use portions of the building for an Accessory Dwelling Unit (ADU) for family members to stay while visiting. ADU’s are permitted within the Rural Residential-General (RR-G) district, and are a conditional use in the Shoreland zone. Planner Monson explained that the property has one detached shed, and the applicants are proposing to exceed the allowed 5,000 square feet threshold by 19%. Monson’s staff report included CUP criteria and findings that concluded with a recommendation to approve the request. Conditions of approval included that Watershed and grading permits are required, and the grading plan include a tree replacement plan. A resolution with findings and conditions was prepared. Chair Hogle opened the public hearing at 6:24 p.m. Applicant Mira Norcross stated that she had no comments to make but is available to answer any questions. There were no other comments and the hearing was closed. Commissioner Rynders asked for clarification that the recommendation is approving a building 5,758 square feet in size, and not extra square feet up to 25% of the threshold. Planner Monson confirmed this condition. Commissioner Rynders asked about the septic system for the proposed ADU. Monson stated that ordinance language requires an ADU to connect to an appropriately sized system, which can include a connection to an existing system. Washington County reviewed the existing septic system and determined that it is sized appropriately for the ADU to connect. Monson said that the request meets the ordinance regulations for an ADU. Commissioner Rynders said he supports the CUP. Chair Hogle referenced the condition to require a tree replacement plan, and said she doesn’t think this should be required. The property is heavily wooded, and removing trees for the structure will be promoting the health of the existing trees so that the woods are not so dense. Rynders, second by Libby, moved to adopt PC Resolution No. 2022-15, Approving a Conditional Use Permit for 23183 Meadowbrook Avenue, with an amendment to remove Condition 5a. requiring a tree replacement plan. Motion carried 5-0 by roll call vote. The recommendation to approve the CUP will be presented to the City Council at their meeting on December 20, 2022. PUBLIC HEARING: PRELIMINARY PLAT OF AN OPEN SPACE – PLANNED UNIT DEVELOPMENT TO SUBDIVIDE 61-ACRES INTO 7 LOTS AT PARCEL ID 30.032.20.22.0004 (NEAR KEYSTONE AVENUE AND 199TH STREET). GRANDEMOORE HOMES, APPLICANT. PC RESOLUTION NO. 2022-16 Scandia Planning Commission December 6, 2022 Page 3 of 11 Applicant Doug Schultz and owners Larry and Kim Reese are proposing to subdivide a 61-acre parcel into 7 lots for single family residential development, along with 2 outlots. The subdivision would be developed as an open space conservation subdivision named Rolling Acres 61. The Unified Development Code permits these developments within the newly created OS-PUD overlay zone. Planner Monson provided an evaluation of the request. The property is bordered by Keystone Avenue (County Road 50) on the west, to which a new access road would connect and be dedicated to the city. The land is currently agricultural farmland and undeveloped open space. As a result of the OS-PUD rezone, the northeast portions of the site will remain undeveloped and the southeast portions will be agricultural land. In exchange for the preservation of these lands, a density bonus of three additional lots is permitted, allowing a total of seven lots. The OS-PUD allows smaller lots than typically permitted in the base zoning districts. A table was provided in the staff report listing the proposed lots and sizes: Monson explained that Outlot B would have a treatment drainage pond on it and the applicant proposes the city would own it. City staff noted that they do not have the capacity to maintain the stormwater facility, and recommended a Homeowners Association be formed that would own and maintain the pond. The preliminary plat shows an access trail 30 feet in width from the cul-de-sac to Outlot A to the east. The County Highway Department wrote that they are interested in how the city plans to provide access to the parcels to the south and east of this property in the event they develop. Any access that is ultimately approved for this proposed development should be compatible with any future access to the south and east. Planner Monson recommended the easement be widened to 60 feet to accommodate a future road. Evaluation of the request using PUD criteria from the UDC were outlined in the staff report. Monson concluded with a recommendation to approve the preliminary plat with findings and Scandia Planning Commission December 6, 2022 Page 4 of 11 eight conditions, including that the new road adhere to city requirements and Outlot B be owned by an HOA. The findings and conditions were written into a resolution. Chair Hogle opened the public hearing at 6:38 p.m. Christopher Johnson, Scandia: Is this a local developer? Will the proposed homes be affordable homes? What is the vision for this development? Mr. Johnson was told that representatives of the application can answer the questions. What is the timeline to approve? Staff answered that the statutory timing is 60-120 days for zoning applications. The application was received on November 13, 2022. Robert Zuzek: What is the purpose of the retention pond? Staff answered to collect runoff. Is the 30-foot driveway meant for long-term? Planner Monson said it will serve a future road connection to access the outlot if it were to be subdivided in the future; this is a recommendation option. Who owns green space? Staff answered the applicant; it is proposed that the farmland use will continue. Commissioner Rynders asked if the outlot will be held in permanent conservancy? Administrator Cammilleri said it will be a conservation property subject to the City allowing ag use and open space. There will be no opportunity to construct buildings on the outlot, but regulations could change in the future. The final terms will be based on the nature of the conservation easement accepted by the city. Unknown man: Will each lot have well and septic? Staff answered yes. Are trails proposed in the development? Staff answered not at this time. Applicant Doug Schultz, Grandemoore Homes from Blaine, MN: Stated that single family homes will be built and is unsure of size or style. Stated the property owner will build on 3 of the lots for their family. Said the intention for Outlot A is to leave as is in conservancy, and farming the hayfield will continue. Affordability? Haven’t thought about a price range yet, but there will be no minimums or set values for the homes. Lots range in size of 1.51 to 3.55 acres. The new road will be paved and meet the city’s design specifications. Michelle Storvick: Said that her home has natural gas, the other side of the area has propane. Does the applicant know how the new homes will be served? Mr. Schultz answered that they are not at a point yet to have an answer. There were no further comments and Chair Hogle closed the hearing at 6:55 p.m. Commissioner Fodor asked what is the size of the ag parcel. Staff answered Outlot A is 40 acres, with the farmed portion approximately 10-15 acres. The owner will retain use of the ag land. Commissioner Lubke asked if the road will be maintained by the city. Staff answered yes, the road will be dedicated at project completion. The City Engineer will review the construction phase, including the drainage structure in Outlot B. Commissioner Rynders asked if the PUD agreement will specify lot sizes. Administrator Cammilleri said a PUD lays out conditions for the site and its elements resulting in a site plan, Scandia Planning Commission December 6, 2022 Page 5 of 11 with specifications on the final plat. Cammilleri said a PUD allows for greater density and deviation from regular setbacks. Commissioner Rynders asked if use of Outlot A is negotiated with the applicant; can development be prohibited in perpetuity? Cammilleri explained that the city’s comprehensive plan is the guiding document for land use, and typically prohibiting development on an outlot can be indefinite, but future councils could determine any future amendments to land use. Commissioner Rynders asked if the 30-foot-wide access to Outlot A belongs to the city or the development. Administrator Cammilleri said the recommendation from staff is a 60-foot width for future road expansion if many years in the future there is a second phase. Can the city own the access? Cammilleri said it should be defined under the easement, but the city does not need it for anything more than to inspect Outlot A. There was a correction noted that the city road right- of-way should be defined as 66 feet in width. Commissioner Rynders said the conditions should be clear to have Outlot A placed in a conservation easement agreement and the outlots be owned and maintained by an association. Administrator Cammilleri said the city cannot force an HOA; having the developer request the city accept the outlot is not an unusual request and is not unreasonable. Commissioner Rynders asked about a condition to have compliance with the City Engineer’s requirements. Administrator Cammilleri said this is adopted by reference under the code and does cover this. Chair Hogle asked the applicant if there is possible development of Outlot A in the future, does he have any thoughts on extending 199th Street. Hogle said she would like to ensure this development doesn’t create land locked property in the future, but noted there are access possibilities from other directions. Todd McLouth, Loucks Engineering: Stated that they do not own the land that 199th Street abuts to, and have no intention to connect 199th Street. Administrator Cammilleri explained that this was a request from the County Highway Department, but the developer does not have control of this land. Rynders moved to adopt PC Resolution 2022-16, Approving a Preliminary Plat for Rolling Acres 61, with amendments: 1) The access road to Outlot A be increased to 66 feet in width. 2) Amend language to Condition #1 to state “…create 7 lots and 2 outlots…” 3) Outlot A be subject to a conservation easement. 4) Amend Condition #5 to state “Outlot A and Outlot B be owned and maintained by an HOA”. Chair Hogle said she has concerns that increasing the width of the access to Outlot A will narrow Lots 1 and 4 that are adjacent to the access. Planner Monson said the developer would have to shift the lot lines to accommodate a 66-foot-wide road. Scandia Planning Commission December 6, 2022 Page 6 of 11 Administrator Cammilleri advised that the condition for an HOA not be included. The developer is not proposing an HOA and the city cannot force this as there is no ordinance to require establishment of an HOA. Commissioner Rynders said he wants to guarantee that the outlots do not become a burden to the city. Rynder’s motion failed for lack of a second. Libby, second by Lubke, moved to adopt PC Resolution No. 2022-16, Approving a Preliminary Plat for Rolling Acres 61, with amendments: 1) The access road to Outlot A be increased to 66 feet in width. 2) Amend language to Condition #1 to state “…create 7 lots and 2 outlots…” Motion carried 5-0 roll call vote. Hurlburt advised to clarify road standards. Staff pulled up the City’s Engineering Details and confirmed that subdivision road standards designate road width at 60 feet. The Commissioners were directed to reconsider the motion. Libby, second by Rynders, moved to reconsider the motion. Motion carried 5-0. The motion was back on the table for further discussion to amend the width of the access to 60- feet. Rynders, second by Libby, moved to approve an amendment to the motion. Motion carried 5-0. Rynders, second by Fodor, moved to adopt PC Resolution No. 2022-16, Approving a Preliminary Plat for Rolling Acres 61, with amendments: 1) The access road to Outlot A be increased to 60 feet in width. 2) Amend language to Condition #1 to state “…create 7 lots and 2 outlots…” 3) Outlot A be subject to a conservation easement. Motion carried 5-0. The recommendation to approve the Preliminary Plat for Rolling Acres 61 will be presented to the City Council at their meeting on December 20, 2022. PUBLIC HEARING: INTERIM USE PERMIT FOR ANIMAL DENSITY ABOVE THE ALLOWED NUMBER AT 16315 209TH STREET NORTH. CORREY AND MICHELLE LORENZ, APPLICANTS. PC RESOLUTION NO. 2022-17 Applicants Correy and Michelle Lorenz are proposing to have livestock above the density level allowed for their property at 16315 209th Street. The property consists of 2 parcels, totaling 6.15 acres, and permitted to have 3 animal units based on the Unified Development Code requirements for livestock operations allowing one animal unit per 2 acres (one beef cow equals one animal unit). The code allows for a higher density of livestock being permitted through an Interim Use Permit. The applicants are requesting up to 20 beef cattle. Scandia Planning Commission December 6, 2022 Page 7 of 11 Planner Monson provided an evaluation of the request. The applicants provided a site plan showing pasture area of approximately 3 acres, a portable shelter, fencing and a manure storage area of 100 square feet. Guidelines from the MPCA recommend a manure management plan as triggered by the applicant’s proposal to transfer the manure to another property owner to spread on their fields as fertilizer, or sell to interested buyers. Monson noted that 20 cattle equal a density of 3.25 animal units per acre. The cattle will be kept on rotational pasture areas; pastures are not considered animal feedlots in the UDC, nor in state statute. Planner Monson reviewed the request using criteria in the UDC general standards for a CUP or IUP, which was provided in the staff report. Monson concluded with a recommendation to approve the request for an IUP to allow up to 20 cattle on the property with finding and conditions presented in a resolution. Conditions included a manure management plan, proper fencing requirements, applicable watershed district permits be acquired, and termination of the IUP if the property is sold, use discontinues, or permit violations occur. Chair Hogle opened the public hearing at 7:30 p.m. Ann Redig, 209th Street: Stated her support for the request, saying the owners have made improvements to the property and maintain it well; she is confident the property will be kept up well. Nancy Kern, said she is the third property over from the Lorenz’s: How will they keep the smell down? Manure smells bad and attracts flies, saying this is her main concern. 20 is too many for this property. Will not enjoy sitting by their pool. If approved, make a requirement that they control the smell. Ann Redig: Said the Boesel farm to the north has cattle, and odor has never been a problem from this site. Applicants Correy and Michelle Lorenz: Said their goal is to produce organic meat for family, friends, and the community. They have researched and communicated with experts at the MPCA and Agriculture Extension Agents, and were told they are within their means for 20 cattle. They have proposed a manure management plan and have support from their neighbors. Concerns of manure runoff to the S. Croix River are not valid, saying they are 3000+ feet from the river, and there are no streams through the property. Addressed the concern of smell and flies – neighbors have cattle which are not producing smells or insects. From the written comments, Mr. Lorenz addressed the decrease in property value – how would values change if they had one cow versus 20? Infringing on rights – if current cattle being kept on neighboring properties do not, how would their cattle operation? Mr. Lorenz said the statements from the letters of opposition are not factual. Mr. Lorenz said their property is zoned General Rural that can have cattle and can have an IUP. Mr. Lorenz stated that they currently have 10 calves. Chair Hogle asked if their application is an attempt to correct their keeping of 10 cattle. Were they not aware they may be over the density limit for their property? Mr. Lorenz said they did read the animal units chart in the development code and are within the allowed density with the calves based on weight. Scandia Planning Commission December 6, 2022 Page 8 of 11 Administrator Cammilleri stated that the pasture size seems small for the number of cattle proposed. Will this be adequate for rotation? Mr. Lorenz said the cattle will be hay fed, and not grass dependent. They will rotate between three fenced pastures. Commissioner Fodor asked for a description of the permanent structure. Mr. Lorenz said the shelter will not be permanent, but on skids to move around the property when rotating pastures, providing shelter from the elements. Fodor said they should consider a larger structure for 20 head of cattle. Commissioner Lubke asked how it was determined this is not a feedlot. Planner Monson explained that this fits the state statute definition. A feedlot would trigger a CUP that runs with the land and would not allow for an end date. Mr. Lorenz said they will not have 20 animal units all at once, but will be rotating adults and calves out as they are raised. It’s proposed to operate initially with 10 adults and 10 calves. Nancy Kern: Said the Boesel farm is further from her house, so clearly cannot smell their livestock. This property is much closer. There were no further comments and Chair Hogle closed the hearing at 7:47 pm. Commissioner Libby said 20 cattle seems a lot on this property, and asked for clarification of animal units. Commissioner Lubke said he is concerned that 20 is more than the land can support, but based on the existing ordinance that does not designate maximum animals, there is not a basis to say no. City Administrator Cammilleri said the IUP has conditions they must adhere to, including a manure management plan. The IUP could be revoked if they are not adhering to the conditions and they fail to follow through on the integrity of their plan. Cammilleri suggested the city consider amending the ordinance in the future to designate maximum animal units. Commissioner Rynders said this is allowing 3 times more than the allowance, but is this allowance by right? Administrator Cammilleri said the existing ordinance does not specify a maximum number of livestock; overstocking is not clearly addressed. For example, the ordinance could indicate nothing over 10 animal units. Chair Hogle said she has a concern on whether the conditions meet the criteria of #2 and #3. (#2. The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. #3. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values or scenic views.) Commissioner Rynders said 20 cattle seems like an overuse of the land. Could there be a risk of contamination and enjoyment of property? Rynders said if the operation is not successful, the Scandia Planning Commission December 6, 2022 Page 9 of 11 permit can be terminated. Could they consider a lower number of cattle? Could they start with 10 cattle and amend the IUP in the future to 20 if conditions are being managed. Administrator Cammilleri said state guidance doesn’t specify, and there currently is no mechanism to set a limit, but they can encourage a manageable level. Cammilleri said he is hopeful the applicants will adjust to a number that they can manage as they run the operation. Chair Hogle stated that there is currently no basis to set a specific number, and the IUP can be revoked if they cannot meet the conditions. Administrator Cammilleri recommended they allow the IUP for 5 years maximum. Commissioner Libby asked Lorenz’s if they would consider fewer cattle. Mr. Lorenz said he has talked to experts and researched livestock density, and determined that 20 is a reasonable amount. The cattle will be in rotation of ages as they are raised to slaughter weight. Administrator Cammilleri said this plan may be extremely ambitious, and could turn into a feedlot, but hopefully it will work out and they will make appropriate changes to their operations as needed, including reducing the herd. Commissioner Rynders said the request doesn’t meet criteria #3, as there is a risk of excess manure and insects may in injurious to the use and enjoyment of other property in the immediate vicinity. Chair Hogle said they don’t know what number would meet this criterion, and they need a basis for a maximum number. Administrator Cammilleri said a future ordinance amendment could address a maximum number, but they cannot consider it for the timing of this application. Planner Monson recommended they set a sunset date for the IUP and in the meantime evaluate the ordinance. Administrator Cammilleri recommended they set the IUP for 2-3 years instead of a longer term. Commissioner Libby suggested 3 years, to give them a fair chance for the cattle to mature and go through growth cycles. Lubke, second by Libby, moved to adopt PC Resolution No.2022-17, Approving an Interim Use Permit for 16315 209th Street, with an amendment to Condition #5 to add language to terminate the IUP 3 years from approval. Motion carried 4-1 by roll call vote, with Rynders opposed. The recommendation to approve the Interim Use Permit will be presented to the City Council at their meeting on December 20, 2022. Scandia Planning Commission December 6, 2022 Page 10 of 11 DISCUSSION ON SOLAR FARM MORATORIUM AND STUDY Last month, it was determined that staff would draft a report outlining the findings on the solar farm study for the Commissioners to review prior to sending it to the City Council. Planner Monson presented the memo of findings based on the Commission’s review of other ordinances and results of a community survey. Chair Hogle suggested at some point the closing of Xcel’s coal-fired plant should be included, as the utility company will be relying more heavily on solar and wind energy in the near future. Hogle said this is pertinent information to consider for the report. Administrator Cammilleri said that state statute places expansion of transformers on the solar developers, and Xcel is seeking legislative change to this law. This issue is a challenge for the community. Staff asked if the Commissioners have any additional findings to add to the memo. Chair Hogle said it looks pretty complete based on our discussions. It was clarified that Commissioner Lubke’s suggestions to consider zoning near existing power lines and along shoreland that are unnamed bodies of water fits into finding #2 of the memo. Rynders, second by Libby, moved to submit the moratorium study to the City Council as presented. Motion carried 5-0 by roll call vote. Staff recommended the report go to a future Council Work Session. There was consensus by the Commissioners for this recommendation. DISCUSSION ON THE CAPITAL IMPROVEMENT PLAN REPORT TO THE CITY COUNCIL Administrator Cammilleri explained the requirement that the Planning Commission must determine if the 2023-2032 Capital Improvement Plan is consistent with the City’s current Comprehensive Plan. Staff recommended the Commission endorse the CIP. If found to be inconsistent, they would need findings to support the inconsistency. Commissioner Fodor asked how an inflation rate was applied to future projects. Cammilleri said inflation is forecast at 4% each year, and numbers are reworked as the year gets closer. This is the standard best practice used in capital budgets. Fodor noted how inflation can affect the entire scale. Cammilleri agreed, but said the Commission is not tasked with vetting the financial worthiness of the projections, but to evaluate the CIP in relation to the Comprehensive Plan. Rynders, second by Fodor, moved that the Capital Budget presented is consistent with the City’s Comprehensive Plan. Motion carried 5-0 by roll call vote. CITY COUNCIL UPDATES Planner Monson reported the following actions by the City Council at their meeting on November 15, 2022. Scandia Planning Commission December 6, 2022 Page 11 of 11 • The Paulsen Variance was tabled for additional information, then approved at the Council’s special meeting on November 22nd. FUTURE ITEMS: Next meeting – January 3, 2023 Staff recommended that if no applications are scheduled for public hearings on January 3, 2023, the meeting will be cancelled. ADJOURNMENT Lubke, second by Rynders, moved to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 8:57 p.m. Respectfully submitted, Brenda Eklund City Clerk