08.b Draft minutes 03-07-2023 Planning Commission
March 7, 2023
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 7:00 p.m. The following were in attendance:
Commissioners Jan Hogle, Kirsten Libby, Travis Loeffler, Absent: Commissioners Laszlo Fodor
and Perry Rynders. Staff present: City Planner TJ Hofer, Interim City Administrator Anne
Hurlburt, and City Clerk Brenda Eklund. City Council member Steve Kronmiller was also
present.
PUBLIC FORUM
There were no public comments.
APPROVAL OF AGENDA, MINUTES
Hogle, second by Libby, moved to approve the agenda as presented. Motion carried
unanimously.
Hogle, second by Libby, moved to approve the February 7, 2023 minutes as presented.
Motion carried unanimously.
PUBLIC HEARINGS
There were no public hearings.
CONDITIONAL USE PERMIT AND VARIANCE EXTENSIONS, PROPOSED ARTS
AND HERITAGE CENTER
On October 21, 2021 the Scandia City Council approved a Conditional Use Permit for a Planned
Unit Development, and variances to wetland setback requirements, for the proposed Arts and
Heritage Center development to be constructed adjacent to the Scandia Community Center. The
City’s Unified Development Code provides that the applicant must commence the use or
improvement within one year of the date on which a conditional use permit is issued. A request
for an extension not exceeding one year may be approved by the Zoning Administrator. A
second extension or a time longer than one year shall be presented to the Planning Commission
and City Council for a decision. The same language applies for approved variances.
Interim Administrator Hurlburt reported that staff administratively extended the CUP and
Variance to end on October 21, 2023.
On April 21, 2020, the Scandia Heritage Alliance (SHA) and the City of Scandia entered into a
Redevelopment Agreement for this project. The agreement gave the SHA an exclusive six-year
right to re-erect and rehabilitate the Scandia Water Tower Barn on city-owned property as an arts
and cultural center. It was understood that securing funding for this project would take several
years. SHA is making progress in that effort and expects to meet that goal but not before the
permits expire in the fall of 2023.
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Hurlburt explained that the Planning Commission can recommend that the City Council approve
an additional extension for both permits, to run concurrently with the Redevelopment
Agreement. Additional extensions should be not required, unless there are no permits issued for
commencement of the project consistent within the term of the Redevelopment Agreement,
however it may be amended or extended. Hurlburt provided a draft resolution to be presented to
the City Council at their March 21st meeting to approve the extensions.
Scandia Heritage Alliance representatives Susan Rodsjo, Sarah Porubcansky, and architect Peter
Hilger were virtually present on Zoom.
Ms. Rodsjo provided an update on the project. There is a pending bonding bill at the state
legislature that will be considered in the later part of their session that could award grant funds to
the project. Rodsjo said she is hopeful the project will be approved for state funding, as this
project was on the Governor’s list for recommended funding. The SHA has plans for capital
fundraising to begin soon.
Hogle, second by Libby, moved to recommend that the City Council approve an additional
extension for the CUP and Variances to develop the Arts and Heritage Center, to run
concurrently with the Redevelopment Agreement. Motion carried 3-0.
The City Council will act on the recommendation of approval at their meeting on March 21,
2023.
SOLAR FARM MORATORIUM AND STUDY -- DRAFT ORDINANCE
At their meeting on February 7, 2023 the Planning Commission reviewed a Draft Zoning
Amendment for changes to the city’s distribution scale solar energy systems ordinance. Staff
incorporated the Commission’s recommendations into a revised draft for further review. The
City implemented a moratorium on solar farms on April 6, 2022 that will expire on April 13,
2023, the date of publication. Interim Administrator Hurlburt explained that the moratorium is
not eligible for an extension under state statute.
Planner Hofer presented the draft ordinance for a zoning amendment that would create a Solar
Energy Systems Overlay District to allow solar energy systems - distribution scale (Distribution
SES) in specific areas of the City. The map showed a 1,000 ft. setback from minor arterials and a
500 ft. setback from all other public roads which form the basis of where distribution SES are
allowed and where the SES-Overlay would be applied. The map also shows the AG-C, R-C, and
I-P districts where distribution SES can be permitted by a CUP. As the Commission directed at
their last meeting, Distribution SES would be prohibited in shoreland around Recreational
Development Lakes, and allowed only in Natural Environment Lake shoreland. In addition, the
parcels allowing solar farms in shoreland must be fully surrounded by Ag Core zoning,
The Commission requested that staff work with landscape architects from Bolton & Menk to
gather input on the vegetative screening requirements, recommended to be fully screened during
leaf-on and leaf-off conditions. Planner Hofer reported that given the maturation rate of the
vegetation and the amount of vegetation that would potentially need to be replaced, Landscape
Architect Josh Shields estimated that screening requirements would more realistically be reached
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March 7, 2023
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within six to eight years. Also, language was incorporated that at least eighty percent of the area
of the vegetative buffer, as measured in square feet, be composed of coniferous plantings
interspersed throughout the screen. Shields noted that there are inherent dangers of using a low
number of species for screening due to problem diseases or pests. Staff has advised that
screening be regulated by depth to look more natural. To establish screening, the developer will
need to use older or more mature trees, or the ordinance should extend the screening requirement
to allow additional growing time.
Planner Hofer provided images of native, deciduous vegetation to illustrate how species can be
layered to provide a natural looking appearance for screening, including use of tall grasses,
native plum trees, viburnum, and sumac. Hofer asked the Commission to discuss this topic, as
there is only so much vegetative screening can provide; there will be some gaps, and 100%
screening will be difficult and costly to accomplish.
Chair Loeffler led the Commissioners through the text of the draft ordinance.
Commissioner Hogle questioned how the City can prevent land clearing on a property before a
developer applies for permits? Hogle said Scandia is trying to preserve open space – the rules
should not restrict solar to the point that only a few areas are allowed and trees must be removed
for a solar farm to be developed. Hogle questioned why a 1,000 feet setback is required if the
panels must be fully screened as well. Hogle asked where did this number come from?
Planner Hofer explained that vegetative clearing is defined in the shoreland ordinance and can be
copied over to page 5 of the draft ordinance, where standards are listed for distribution SES in
the Shoreland Management Overlay District. Interim Administrator Hurlburt advised that a CUP
would require a landscape plan showing removal of trees, and there would be oversight before a
CUP is issued; conditions for clearing would be provided in the permit.
Commissioner Hogle said that due to changing climate conditions, the DNR has a list of
recommended trees to prevent loss related to climate change. Hogle said the current species in
use may not be the best ones to use for long-term growth, as conifers are more sensitive to
temperature and humidity changes. Hogle advised that staff consider narrowing down the list of
approved species. Planner Hofer stated that tall trees such as white pines would be prohibitive for
solar farms.
Page 8 of the draft ordinance on Performance Standards, paragraph 5 regarding setbacks was
discussed. Chair Loeffler said the setback distances came up in the first discussions on revisions
to the ordinance. Visibility is a huge concern and 1,000 feet from a minor arterial road, 500 feet
from a public road was chosen to address this concern, along with increased screening.
Mike Lubke, Scandia Trail, agreed that this was based on City Council direction to use a large
setback.
Commissioner Hogle asked if the panels are totally screened, why is the setback distance so
great? Hogle said there could be legal backlash from the state for trying to limit solar
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installations in communities. Solar is considered an ag commodity, and the Ag Commissioner
perceives strict ordinances as restricting ag trade.
Interim Administrator Hurlburt explained that the state can set a maximum setback that must be
adhered to, and would need to pass a law to override local zoning if local ordinances are
hampering state policy direction.
Planner Hofer said that findings to support the proposed setbacks are the existing solar farms.
Some solar facilities are clearly visible and objectionable to the community.
Interim Administrator Hurlburt said that based on the draft map showing the solar farm overlay,
there are enough areas for solar farms to be located; much of the city is open to solar farms and
not so prohibited. There exists a fairly large land area eligible for solar farms using these
setbacks. Hurlburt said the distance is not totally arbitrary; there has been enough discussion and
evidence to justify the distances.
Chair Loeffler said he is fine keeping it at 1,000 feet on minor arterial roads.
Performance Standards, Paragraph 11, screening: Staff will add language for depth of screening.
Commissioner Hogle recommended staff consult with the DNR and the landscape architect on
the list of recommended species.
Discussion on scenic canvas for screening resulted in combining paragraphs 12 and 17 as the
language was duplicative.
Commissioners noted the critical condition to establish and maintain financial guarantees to
ensure vegetation is established and maintained. Staff advised that an escrow account is the most
secure, but a bond or letter of credit must be tracked and renewed or drawn upon before
expiration.
Commissioner Hogle stated that is appears that four growing seasons to establish screening is too
short, but rather a maximum and minimum time frame should be established. Chair Loeffler
stated that the language should be altered as staff sees fit to fix the gaps.
Commissioners agreed to strike Paragraph 19, removing the standards for limiting tree removal
to the maximum extent possible.
Paragraph 20 added language for allowing agricultural pasture plantings under the solar arrays.
Edits were recommended to require plantings be established within one year of completion of the
arrays.
Interim Administrator Hurlburt said the next step will be for the City Attorney to review this
final draft, and have the ordinance scheduled for a public hearing with the Planning Commission
on April 4, 2023.
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DISCUSS SITE VISIT GUIDELINES
At their meeting on February 7, 2023 the Commission asked for a review of the Site Visit
Guidelines, adopted in 2011 and last amended in 2016.
Amendments were recommended, including:
• Replace the list of seven types of decisions with “any zoning matter that comes before the
city”.
• Remove the scheduled site visit time of 5:30 p.m. – site visits should have flexibility to
begin as needed.
• Remove statement #5 that site visits begin at the Community Center – the practice has
been that Commissioners are providing their own transportation to the sites.
• Reword statement #6 that participants meet at the site at the scheduled time and location.
Add that accessibility may be limited but accommodations will be given as much as
possible. Statement that the site visit will begin at the posted time, no earlier.
• Statement #8 – if a Commissioner is individually visiting a site outside of the meeting,
they are advised to contact the applicant.
Staff will make the recommended edits and bring back a redlined version for the next meeting.
CITY COUNCIL UPDATES
There was no report on City Council updates.
FUTURE ITEMS: Next meeting – April 4, 2023
There will be a public hearing on the distribution scale solar energy systems ordinance, and
further review of the revised site visit guidelines.
ADJOURNMENT
Hogle, second by Libby, moved to adjourn the meeting. Motion carried unanimously.
The meeting adjourned at 9:10 p.m.
Respectfully submitted,
Brenda Eklund
City Clerk