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5.b Froiland Rezoning and MS- PC Packet1 | P a g e Date of Meeting: June 6, 2023 To: Chair Loeffler and Members of the Planning Commission From: T.J. Hofer, Consultant City Planner Re: Rezoning (AG-C) and Minor Subdivision for Froiland Addition Applicant: Daniel A. Froiland Zoning: A-P Owner: Daniel A. Froiland Future Land Use: Agricultural Core Location: PID 24.032.20.34.0008, 24.032.20.43.0001, 24.032.20.42.0001 Review Deadline July 8, 2023 The applicant is requesting approval for a rezoning of three parcels and minor subdivision to subdivide a single 4.99-acre parcel for a single-family residential development. The proposed subdivision would create one lot for development and would leave a remaining 77.127-acre parcel which is proposed to be subdivided through a Minnesota Statute exemption after the plat is recorded. Access to the lot would be via an existing driveway along CSAH 97/Oakhill Road North. The Unified Development Code (UDC) permits subdivision that results in three or fewer parcels through the minor subdivision process. The minor subdivision procedure requires approval of a Preliminary and Final Plat, however, both documents are reviewed concurrently. To approve the subdivision the rezoning and minor subdivision must be approved concurrently. 2 | P a g e BACKGROUND The existing site consists of three separate parcels all zoned Agricultural Preserve (A-P). The properties were previously in the Agricultural Preserve program but exited the program this year. The three parcels are distinguished as follows: Parcel Parcel A Parcel B Parcel C PID 24.032.20.34.0008 24.032.20.43.0001 24.032.20.42.0001 Lot Area (acres) 17.89 33.29 39.59 Zoning A-P A-P A-P All of the existing lots are legally nonconforming as the existing zoning, A-P requires a minimum lot size of 40 acres. In addition to this Parcel C does not have frontage along a public or private road to meet the lot frontage standard. Within Parcel A is a parcel owned by another landowner that is referred to on the survey as “Parcel 2.” The applicant met with staff before the application was submitted to discuss the process. Staff noted that a lot combination through the Washington County Property Records was required before the subdivision could be completed. As proposed the remainder of Parcel A will be nonconforming if subdivided. Combining all three parcels allow for the lots to conform after the proposed. The certificate of survey that was submitted by the applicant shows the parcels being combined and subdivided. The arrangement of the lots is further discussed in the evaluation of the request. All three parcels are currently guided Agricultural Core on the 2040 Future Land Use map. The entirety of the site is used for agricultural purposes, with larger areas near the center still being undisturbed wooded areas. There are several wetlands located on the site and the applicant has submitted a wetland delineation for the proposed subdivision. Due to the size of the site, the topography has large changes with low and high points located throughout each parcel. Parcels to the west, north, and the existing Parcel 2 are zoned Agricultural Core (AG-C) and are either vacant or used for single family dwellings. Parcels to the north and south are zoned Rural Residential General (RR-G) which are either single family dwellings or vacant. Parcels to the east are zoned Rural Commercial (R-C) and are occupied by a winery and vineyard. 3 | P a g e EVALUATION OF REQUEST Rezoning The subdivision would create a single lot with a lot size of 4.99 acres and would result in proposed Parcel B. Parcel C would be separated from Parcel B through Minnesota Statute 462.358, detailed later in this staff report. The current zoning of this land is Agricultural Preserve (A-P) and the rezoning request is to rezone the newly created lot to AG-C. The existing parcels were previously in the Agricultural Preserve program, however this expired on June 1, 2023. The proposed lot areas would be allowable within the AG-C Zoning district. The UDC states that a zoning map amendment should be judged based, but not limited to: a. The specific policies and provisions of the City’s adopted Comprehensive Plan, including public facilities and capital improvement plans. b. Whether the proposed action meets the purpose and intent of this Chapter or in the case of a map amendment, it meets the purpose and intent of the individual Base Zoning District. All three parcels are guided as Agricultural Core by the 2040 Comprehensive Plan. The Agricultural Core (AG-C) Base Zoning District is described as: Lands zoned Agricultural Core support, protect and preserve land for agricultural production. The parcels and lots generally contain principal homestead or farmstead uses with a mix of hobby farms, commercial production farms and other agricultural uses. The lands zoned AG-Care guided Agricultural Core in the Comprehensive Plan. The proposed rezoning is for a single-family dwelling and agricultural land. This meets the purpose and intent of the Base Zoning District. Minor Subdivision: Preliminary and Final Plat Lot Standards Based on a meeting with staff before the application was received, the applicant was advised to combine the existing lots through the lot combination available from Washington County Property Records to allow for the lots to conform after the proposed subdivision and to allow for the sale of land on the east side of the site area. Staff has included a condition that the lots be combined before the plat can be recorded. 4 | P a g e The dimensions of the proposed lot compared to the AG-C dimensional standards are as follows: Table 1: Zoning District Standards AG-C Lot 1, Block 1 Density 4 units / 40 ac. or quarter/quarter section 4 units / 40 ac. or quarter/quarter section Minimum Lot Size (ac.) 2.0-5.0, or 20 or more acres 4.99 Minimum Lot Width (ft.) 300 300.57 Buildable Area One acre Two acres Setbacks (ft.) Front 40 40 Side 20 20 Rear 50 50 Maximum Lot Coverage 25% 25% The proposed subdivision is not currently proposing for a structure to be constructed on the lot, however, the applicant has stated that the intent is to have the lot used for the single-family dwelling in the future. Any future development will be required to meet setbacks. This will also require a Minnesota Routine Assessment Method (MnRAM) wetland decision through the Washington Conservation District to determine wetland classifications. Subdividing Lot 1, Block 1, will create a remaining parcel (Parcel B) that is 57.127 acres with a lot width of approximately 1,475 ft. The remainder of the existing parcel will comply with the zoning dimensional standards. Concurrently with the recording of the final plat, the applicant intends to subdivided Parcel C from Parcel B through a state statute exemption.. The subdivision of a parcel of this size is allowed under state statute. 462.358 Subd. 4b (a) 5 | P a g e states that land cannot be conveyed which local regulations would apply, unless it meets certain criteria. 462.358 Subd. 4b (b) 6 One of these criteria is: (6) is a single parcel of residential or agricultural land of not less than 20 acres and having a width of not less than 500 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width. This allows for proposed Parcel C to be subdivided as proposed after or concurrently with the plat recording. Proposed Parcel C is shown as a 28.640-acre parcel with a lot width of 500 ft. This size lot would meet the standards of the AG-C zoning district. Utilities The lot would be served by a septic system and well. The applicant is currently working with Washington County and the Minnesota Department of Health to locate where these can be located. Staff has included conditions that require that the applicant submit these approvals to the City before the plat can be recorded. The applicant has not expressed an intent to develop proposed Parcel B and no activities have been taken to establish if the parcel is developable. Staff has included a condition in the approval that requires a septic determination and well location to be performed before proposed Parcel B can be developed. Streets, Access, and Parking Lot 1, Block 1, is located along CSAH 52. The County requires 60 ft. of right-of-way where there is currently 50 ft. The plat will dedicate an additional 10 ft. of right-of-way to the County. Washington County has provided comments that confirm the requirement of the 60 ft. right-of- way. The lot would maintain access that currently exists for the existing Parcel A. This access would be located off of CSAH 52. Driveways must be setback 5 ft. from the side lot line. The existing driveway also goes through a wetland that has been delineated on the site. The existing driveway is nonconforming and could be allowed to remain as a legal nonconformity if the driveway is not altered. Staff has included a condition that the driveway be relocated to meet side setbacks and wetland setbacks. This will also require a MnRAM decision through the Washington Conservation District to determine wetland classifications. Washington County has noted that due to the change of use an access permit will be required. Staff has included a condition that the access permit be issued before a building permit can be issued. Washington County has provided a comment that access to Parcel B is proposed just east of the southeastern lot line of the existing Parcel 2. The County will support this access on the condition that the existing field access off of County Highway 52 is removed. Staff has included 6 | P a g e a condition of approval that the application complies with the comments provided by Washington County. Parking is required to be provided at a rate of 2 spaces per single family dwelling (UDC, Table 153.400.080-1). Parking will be required when the lot is developed. Landscaping Table 153.400.060-1 of the UDC establishes landscaping requirements for single-family residential uses and requires five trees per dwelling unit. Existing vegetation on the site can meet this requirement. Wetlands and Natural Resources A wetland delineation has been submitted for Parcel A. Multiple wetlands exist on the northwest, southwest, and around the midpoint on the east side of the site. A MnRAM determination is required before the site can be developed to determine setbacks on the site. A wetland delineation was not completed for the entirety of the site, however, the National Wetland Inventory shows multiple wetlands on the site that are spread throughout the parcel. Staff has included a condition that Parcel B cannot be developed without a wetland delineation. Wetland replacement plan through Council, City is LGU. Application. Deminimus threshold 1,000 ft. of fill, replacement acts. WCA drainage, filling, and excavation. Watershed has permits, City has wetland setbacks. Easements The applicant has provided 10 ft. drainage and utility easements along all lot lines and over the wetlands that have been delineated on the site. Signs No sign has been proposed. Any signs, proposed in the future will be subject to 153.400.100 of the UDC. Architectural Design Standards. The proposed subdivision will fall within the Character Area: Agricultural Districts (A-P and AG-C). While no architectural or building plans were proposed as part of the application, structures constructed in the subdivision will be subject to the standards established within the Design Guidelines. 7 | P a g e Parks and Trails The Scandia Comprehensive Trails Master Plan Report (Trails Master Plan) and Comprehensive Plan show the Scandia/Marine Trail along CSAH 52. This trail will be located within the right-of-way of CSAH 52 and extends north along CSAH 52 and south into other property. Parkland Dedication Creation of new lots through the subdivision process triggers the park land dedication requirements of the UDC (153.500.090 Subd. 5). This requirement calls for either 5% of the land in the subdivision be dedicated to the city for parks, or a cash payment in lieu of land be paid to the city. The amount of cash to be paid in lieu of land dedication shall be based on the fair market value of the land to be subdivided at the time of final plat approval, multiplied by the percentage of land required to be dedicated. If cash in lieu is pursued, the following options are listed in the UDC: 1. The City and the developer may agree as to the fair market value; or 2. The fair market value may be based upon a current appraisal submitted to the City by the subdivider at the subdivider’s expense. The appraisal shall be made by appraisers who are approved members of the SREA or MAI, or equivalent real estate appraisal societies. 3. If the City disputes such appraisal the City may, at the subdivider’s expense, obtain an appraisal of the property by a qualified real estate appraiser, which appraisal shall be conclusive evidence of the fair market value of the land. 4. The developer may pay a cash fee of $3,000 for each residential unit created as the presumptive fair market value of the land for which cash is paid. 5. Cash and Land Combination. The City, upon consideration of a particular development, may require that a lesser parcel of land should be dedicated due to particular features of the development. In such cases, a cash contribution shall be required in addition to or in lieu of the land dedication in order to ensure that the development contributes to the park system in rough proportion to its impact. Staff recommends that the City require cash-in-lieu of land at the rate of $3,000 for each residential unit. 8 | P a g e ANALYSIS Review Comments The submittal was sent to city staff and other regulatory agencies for review and comment. Carnelian-Marine-St. Croix Watershed District The Carnelian-Marine-St. Croix Watershed District has provided comments and the comments are attached. The Watershed has concerns related to the driveway placement and the potential presence of wetlands on proposed Parcel B. The driveway currently is within the buffer area of a wetland and can remain there, but no improvements to the portion of the driveway in the buffer would be allowed. The Watershed also notes that as part of their rules, whenever property is subdivided the Watershed looks at both the original parcel and the parcel resulting in the subdivision. The Watershed required that the proposed Parcel B receive Wetland Conservation Act (WCA) determination to identify if any wetlands are present on Parcel B. If wetlands are found, a survey that shows the boundaries of the wetlands and buffers will be required. Staff has included a condition that this process be completed before the plat can be recorded. Washington Conservation District The Washington Conservation District noted: The Wetland Conservation Act (WCA) Technical Evaluation Panel (TEP) reviewed the site on May 25th. The TEP did not make any changes to the delineation. The minimum 15-day WCA comment period ends June 2nd and the WCA Notice of Decision will likely be processed on or around June 6th. Washington County The County has provided comment on the right-of-way dedication for Lot 1 Block 1, the access for Lot 1, Block 1, and the access for proposed Parcel B. The County’s comments have been incorporated into the staff report and staff has included conditions that project plans be revised to be consistent with the County’s comments before the plat can be released for recording. Engineering Department The City Engineer had no comment. Fire Department The Fire Chief had no comment. 9 | P a g e Public Works Department The Public Works Director had no comment. Department of Natural Resources At the time of writing this staff report, the DNR Area Hydrologist had not provided comments. Staff Analysis Staff finds that the proposed plan is generally consistent with the Comprehensive Plan and Zoning Ordinance. Where the plan is not consistent, staff has included conditions to bring the proposal into compliance. Staff believes that the proposal for the rezoning is generally in compliance with the requirements outlined within the UDC. The rezoning is consistent with the future land use shown in the 2040 Comprehensive Plan and the proposed use meets the definition of the AG-C zoning district. Staff has reviewed the plan for consistency with the applicant standards outlined in the Comprehensive Plan, Zoning Ordinance, and Subdivision Ordinance. Staff noted in the staff report the outstanding issues that must be addressed and has included conditions in the attached draft resolutions to address these issues. The Planning Commission may recommend modifications to these conditions. COMMISSION ACTION The Planning Commission can do one of the following: 1. Recommend approval, with or without conditions, of the attached ordinance and resolutions. 2. Recommend denial, with findings, of the attached ordinance and resolutions. 3. Table the request for further review/study. Staff recommends that the Planning Commission recommend approval of the request for rezoning for “Froiland Addition.” Approval includes an ordinance and resolution. The following findings and conditions of approval are recommended: 1. The site is identified as Agricultural Core in the future land use map, which corresponds to the AG-C zoning district. The future land use section of the comprehensive plan notes that the areas within this designation are meant to preserve and protect farmlands in the city. The rezoning is not in conflict with the Comprehensive Plan. 2. The proposed development is for one lot that will be developed with a single family dwelling. Remaining parcels will be used for agricultural uses. 10 | P a g e 3. The proposed rezoning is for a single family dwelling and agricultural uses. This meets the purpose and intent of the Base Zoning District. 4. Approval is subject to the approval of Resolution 06-20-23-XX approving a Minor Subdivision for “Froiland Addition” and all conditions included within. Staff recommends that the Planning Commission recommend approval of the request for a minor subdivision for “Froiland Addition.” The following conditions of approval are recommended: 1. Approval is subject to the approval of Ordinance 2023-XX (Rezoning to AG-C). 2. The minor subdivision shall be in substantial compliance with the Preliminary Plat and Final Plat reviewed with this application, subject to conditions. 3. Prior to the release of the final plat for recording with Washington County, the following shall occur: a. The parcels shall be combined before the subdivision can occur, so as to prevent a nonconforming lot from being created as a by-product of the plat. b. The applicant shall submit certification from Washington County that the site is capable of supporting a sewage treatment system that meets the requirements of the County. c. Proposed Parcel B shall receive a Wetland Conservation Act determination. If wetlands are found on the site, a survey shall be prepared that shows the wetlands and buffers as required by Carnelian-Marine-St. Croix Watershed District and the buffers shall be recorded as required by the Watershed District. d. Access to Parcel B shall be revised to show meet compliance with the memo dated May 31, 2023, from Washington County. e. Park dedication in the form of cash-in-lieu of land shall be paid. 4. Proposed Parcel B shall not be developed for any other use aside from agricultural until: a. The City is provided certification that the parcel is capable of supporting a sewage treatment system. b. The City is provided certification that the parcel is capable of providing water to the site. c. A wetland delineation and Technical Evaluation Panel (TEP) has been completed. 5. Prior to a building permit being issued for Lot 1, Block 1: a. Proof of recording must be provided for all relevant documents. 11 | P a g e b. Lot monuments shall be installed as required by the Subdivision Ordinance and certified by a registered land surveyor. c. A site plan that shows the driveway relocated to comply with all required setbacks, including side yard setback and wetland setback shall be submitted. d. An access permit must be issued by Washington County. 6. The applicant shall acquire any required permits from the Carnelian-Marine-St. Croix Watershed District and comply with their requirements. 7. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. 8. The applicant must file the final plat at Washington County within 2 years of the date of approval or the approval shall expire. 9. The applicant shall, immediately upon receipt of recorded document(s) from the County Recorder, furnish the City Clerk with a copy of the document(s) showing evidence of the recording. No building permits shall be issued for construction of any structure on any lot in the minor subdivision until the City has received evidence of the document(s) being recorded and that all conditions of approval have been met. 10. The applicant shall pay all fees and escrows associated with this application. RECOMMENDATION Staff recommends the Planning Commission recommend approval of the attached ordinance and resolutions, with conditions as described above. Attachments A. Ordinance 2023-XX Amending the Official Zoning Map B. Resolution 06-20-23-XX Approving Findings of Fact for Rezoning C. Resolution 06-20-23-XX Approving Minor Subdivision for “Froiland Addition” D. Location Map of the Subject Property E. Zoning Map of the Subject Property F. 2040 Future Land Use Map G. Application H. Certificate of Survey (Proposed Conditions) I. Preliminary Plat J. Final Plat K. Figure 5 Delineation Map, Delineation Report L. Watershed Comments M. Washington Conservation District Comments N. Washington County Comments CITY OF SCANDIA ORDINANCE NO. 2023-XX AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP TO REZONE LOT 1, BLOCK 1, FROILAND ADDITION. FROM AGRICULTURAL PRESERVE (A-P) TO AGRICULTURAL CORE (AG-C) The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1. Amendment. The official Zoning Map, as adopted in 153.200.020 Subd. 1 of the Unified Development Code of the City of Scandia is hereby amended to change the designation of the following described property from Agricultural Preserve (A-P) to Agricultural Core (AG-C): Lot 1, Block 1, Froiland Addition Section 2: Effective Date. This ordinance shall be effective upon its passage and summary publication according to law. Passed and adopted by the City Council of the City of Scandia this 20th day of June, 2023. ____________________________________ Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator ATTACHMENT A Lot 1, Block 1, Froiland Addition. CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 06-20-23-XX APPROVING FINDINGS OF FACT FOR REZONING FOR PARCEL ID 24.032.20.34.0008, 24.032.20.43.0001, AND 24.032.20.42.0001 WHEREAS, Daniel Froiland (the “applicant”), has requested approval to rezone 90.763 acres legally described as follows: See Attachment A; and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on June 6, 2023, and recommended that the City Council approve the request with conditions; WHEREAS, the City Council has adopted an Ordinance 2023-XX rezoning the affected parcels from Agricultural Preserve (A-P) to Agricultural Core (AG-C); S NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does support the request for the reclassification of the property, based on the following findings and conditions: 1. The site is identified as Agricultural Core in the future land use map, which corresponds to the AG-C zoning district. The future land use section of the comprehensive plan notes that the areas within this designation are meant to preserve and protect farmlands in the city. The rezoning is not in conflict with the Comprehensive Plan. 2. The proposed development is for one lot that will be developed with a single-family dwelling. Remaining parcels will be used for agricultural uses. 3. The proposed rezoning is for a single family dwelling and agricultural uses. This meets the purpose and intent of the Base Zoning District. 4. Approval is subject to the approval of Resolution 06-20-23-XX approving a Minor Subdivision for “Froiland Addition” and all conditions included within. Whereupon, said Resolution is hereby declared adopted on this 20th day of June 2023. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator ATTACHMENT A PID: 24.032.20.34.0008 PT OF SE1/4-SW1/4 LYING NLY OF CO RD 52 SUBJ TO EASE EXC PRCLS 1-3 WACO HWY R/W PLAT #103 AND EXC THAT PT OF SD SE1/4-SW1/4 DESC AS FOLL: COM @ SW COR OF SD1/4-1/4 THN ON AZ FROM N 00DEG29'06" ORIENTED TO WACO COORDINATE SYST NAD83 ALG W LN OF SD SE1/4-SW1/4 DIST 781.90FT TO PT SD PT BEING ON C/L OAKHILL RD N (CO RD#52) AS TRAVELED THN SELY ALG SD C/L DIST OF 39.02FT SD C/L BEING A CRV NOT TANG WITH LAST DESC LN CONC TO N HAVING RAD 3819.83FT CENT ANG 00DEG35'07" & CHORD AZ OF 117DEG41'38" THN ON AZ OF 117DEG24'05" ALG SD C/L TANG TO SD CRV DIST 159.98FT THN SELY ALG SD C/L DIST 82.93FT SD C/L BEING TCRV CONC TO N HAVING RAD 2292.01FT CENT ANG 02DEG04'23" TO POB PRCL TO BE SECTION 24 TOWNSHIP 032 RANGE 020 DESC THN ON AZ 19DEG29'00" NOT TANG TO SD CRV DIST 472.21FT THN ON AZ 108DEG05'43" DIST 443.62FT THN ON AZ 197DEG41'29 " DIST 489.18FT TO PT SD PT BEING ON SD C/L OF OAKHILL RD N THN ON AZ 287DEG41'29" ALG SD C/L DIST 153.79FT THN NWLY ALG SD C/L DIST 305.50FT SD C/L BEING TCRV CONC TO N HAVIN G RAD 2292.01FT & CENT ANG OF 07DEG38'12" TO POB SUBJ TO AG PRES AG PRES EXPIRES 6-1-2023` PID: 24.032.20.43.0001 SECTION 24 TOWNSHIP 032 RANGE 020 THAT PT OF SW1/4-SE1/4 LYING NLY OF CO RD 52 EXC PRCL #4 OF WACO HWY R/W PLAT #103 SUBJ TO AG PRES AG PRES EXPIRES 06-01-2023 PID: 24.032.20.42.0001 SECTION 24 TOWNSHIP 032 RANGE 020 NW1/4-SE1/4 SUBJ TO AG PRES AG PRES EXPIRES 06-01-2023 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 06-20-23-XX APPROVING A MINOR SUBDIVISION FOR “FROILAND ADDITION” LOCATED AT PARCEL ID 24.032.20.34.0008 WHEREAS, Daniel Froiland (the “applicant”), has requested approval for a Minor Subdivision to be known as “Froiland Addition”, to create Lot 1 of 4.99 acres, located at Parcel ID 24.032.20.34.0008 and legally described as follows: See Attachment A; and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on June 6, 2023, and recommended that the City Council approve the request with conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that the Scandia City Council hereby approves the request for preliminary plat, subject to the following conditions: 1. Approval is subject to the approval of Ordinance 2023-XX (Rezoning to AG-C). 2. The minor subdivision shall be in substantial compliance with the Preliminary Plat and Final Plat reviewed with this application, subject to conditions. 3. Prior to the release of the final plat for recording with Washington County, the following shall occur: a. The parcels must be combined before the subdivision can occur, so as to prevent a nonconforming lot from being created as a by-product of the plat. b. The applicant shall submit certification from Washington County that the site is capable of supporting a sewage treatment system that meets the requirements of the County. c. Proposed Parcel B shall receive a Wetland Conservation Act determination. If wetlands are found on the site, a survey shall be prepared that shows the wetlands and buffers as required by Carnelian-Marine-St. Croix Watershed District and the buffers shall be recorded as required by the Watershed District. d. Access to Parcel B shall be revised to show meet compliance with the memo dated May 31, 2023, from Washington County. e. Park dedication in the form of cash-in-lieu of land shall be paid. 4. Parcel B shall not be developed for any other use aside from agricultural until: a. The City is provided certification that the parcel is capable of supporting a sewage treatment system. b. The City is provided certification that the parcel is capable of providing water to the site. c. A wetland delineation and Technical Evaluation Panel (TEP) has been completed. 5. Prior to a building permit being issued for Lot 1, Block 1: a. Proof of recording must be provided for all relevant documents. b. Lot monuments shall be installed as required by the Subdivision Ordinance and certified by a registered land surveyor. c. A site plan that shows the driveway relocated to comply with all required setbacks, including side yard setback and wetland setback shall be submitted. d. An access permit must be issued by Washington County. 6. The applicant shall acquire any required permits from the Carnelian-Marine-St. Croix Watershed District and comply with their requirements. 7. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. 8. The applicant must file the preliminary and final plat at Washington County within 1 years of the date of approval or the approval shall expire. 9. The applicant shall, immediately upon receipt of recorded document(s) from the County Recorder, furnish the City Clerk with a copy of the document(s) showing evidence of the recording. No building permits shall be issued for construction of any structure on any lot in the minor subdivision until the City has received evidence of the document(s) being recorded and that all conditions of approval have been met. 10. The applicant shall pay all fees and escrows associated with this application. Whereupon, said Resolution is hereby declared adopted on this 20th day of June 2023. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator Attachment A PID: 24.032.20.34.0008 PT OF SE1/4-SW1/4 LYING NLY OF CO RD 52 SUBJ TO EASE EXC PRCLS 1-3 WACO HWY R/W PLAT #103 AND EXC THAT PT OF SD SE1/4-SW1/4 DESC AS FOLL: COM @ SW COR OF SD1/4-1/4 THN ON AZ FROM N 00DEG29'06" ORIENTED TO WACO COORDINATE SYST NAD83 ALG W LN OF SD SE1/4-SW1/4 DIST 781.90FT TO PT SD PT BEING ON C/L OAKHILL RD N (CO RD#52) AS TRAVELED THN SELY ALG SD C/L DIST OF 39.02FT SD C/L BEING A CRV NOT TANG WITH LAST DESC LN CONC TO N HAVING RAD 3819.83FT CENT ANG 00DEG35'07" & CHORD AZ OF 117DEG41'38" THN ON AZ OF 117DEG24'05" ALG SD C/L TANG TO SD CRV DIST 159.98FT THN SELY ALG SD C/L DIST 82.93FT SD C/L BEING TCRV CONC TO N HAVING RAD 2292.01FT CENT ANG 02DEG04'23" TO POB PRCL TO BE SECTION 24 TOWNSHIP 032 RANGE 020 DESC THN ON AZ 19DEG29'00" NOT TANG TO SD CRV DIST 472.21FT THN ON AZ 108DEG05'43" DIST 443.62FT THN ON AZ 197DEG41'29 " DIST 489.18FT TO PT SD PT BEING ON SD C/L OF OAKHILL RD N THN ON AZ 287DEG41'29" ALG SD C/L DIST 153.79FT THN NWLY ALG SD C/L DIST 305.50FT SD C/L BEING TCRV CONC TO N HAVIN G RAD 2292.01FT & CENT ANG OF 07DEG38'12" TO POB SUBJ TO AG PRES AG PRES EXPIRES 6-1-2023` GVWX15 GVWX4 GVWX3 ?@A@95 ?@A@97 ST91 ST52ST50 Map Document: \\arcserver1\GIS\SCANDVAL_TW_MN\ESRI\Pro\Scandia_MN_Aerial\Scandia_MN_Aerial.aprx | Username: jenibr | Date Saved: 1/12/2023 2:29 PMSource: Washington County, MNDot 0 3,700 Feet City Limits Parcels !ILegend Aerial Map City of Scandia, Minnesota January 2023 75 2.3 Legend 0 527 Feet This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Scandia is not responsible for any inaccuracies herein contained. Disclaimer: © Bolton & Menk, Inc - Web GIS 6/2/2023 11:15 AM City Limits Parcels (4/1/2023) Lot Lines Parks Shoreland Overlay PUD Overlay Lakes Mining Overlay Saint Croix River District Zoning Agricultural Core Agricultural Preserves Rural Residential General Village Neighborhood Rural Commercial Rural Residential Neighborhood Village Historic Core Village Center Industrial Park Scandia_2022.sid Red: Band_1 Green: Band_2 Blue: Band_3 Zoning Map Froiland Addition m i n n e s o t a RL Ate' m 1IqmIp E: y n _ 95 4 kz/1 Mfg i i / Z"] / iii - 1 _ Subject Property 1 TJ Hofer From:Tom Langer <tom.langer@cmscwd.org> Sent:Thursday, June 1, 2023 10:56 AM To:TJ Hofer Subject:RE: Froiland Addition - Rezoning and Minor Subdivision (PID 2403220340008) Hi TJ, Apologies I didn’t send this over yesterday. These would be the watershed’s applicable rules to the project. Let me know if I can provide a different summary or in an alternative format. Thanks, Rule 2 Stormwater Management – This rule may be applicable if the non-conforming driveway is required by Scandia to be relocated in part or full, and said relocation results in total impervious surface exceeding 5% of Lot 1, Block 1 (10,672- Square Feet). If applicable, compliance with the District’s Small Residential Stormwater Worksheet would be required. Onsite soils are HSG C, so filtration is the most suitable method of stormwater management. Identification of proposed stormwater features, design details, and details for routing of stormwater runoff from impervious surfaces would be required. A planting plan for BMPs would also be required. Finally, a declaration for maintenance of stormwater management facilities would also be required. Rule 3 Erosion & Sediment Control – An erosion and sediment control plan may be required if Rule 2 is applicable. If applicable, minimum requirements include perimeter control downgradient of disturbed areas, protection of stormwater BMPs during construction or staging of BMPs after stabilization of disturbed areas, revegetation specifications, and a construction entrance to minimize tracking of sediment from the site. Rule 4 Buffers – This rule is applicable given the presence of wetlands and subdivision activity. There are three wetlands delineated on Lot 1, Block 1. It does not appear a wetland delineation was completed for the east portion of the existing parcel that will be conveyed to Froiland as part of Parcel B. If wetland(s) exist on this portion of Parcel B, buffer establishment will also be required. The three wetlands on Lot 1, Block 1 are not mapped as part of the District’s Comprehensive Wetland Protection and Management Plan inventory, therefore completion of MnRAM analysis for these wetlands (and any others on said portion of the existing lot to be conveyed to Parcel B) is required for the District to assign a District Wetland Management Category and prescribe buffer requirements for each wetland. Buffer requirements for District Wetland Management Categories are outlined in the below table. WCA LGU NOD of boundary and type determination approval is also required to establish wetland buffer boundaries. Recording of a Buffer Declaration will be required for establishment of all buffers. Monumentation of wetland buffers will be required. A planting plan to establish native vegetation for any areas of the buffer area that will be disturbed will be required. Summary of Minimum Buffer Standards Wetland Management Category Average Buffer Width (feet) Minimum Buffer Width (feet) 1 100 100 2 75 50 3 50 25 4 50 25 2 Rule 8 Wetland Management – This rule may be applicable if it is determined by the TEP that wetland filling has occurred and is subject to WCA regulations. If this is determined to be the case, further comment on Wetland Management requirements will be provided. Tom Langer Riparian Permit Specialist | Carnelian Marine St. Croix Watershed District 11660 Myeron Rd North | Stillwater, MN 55082 Phone:  (651) 275-7452 | Cell: 507-276-8056  www.cmscwd.org 1 TJ Hofer From:Jay Riggs <JRiggs@mnwcd.org> Sent:Tuesday, May 30, 2023 7:38 AM To:TJ Hofer Cc:Kyle Morell; Ryan Goodman; Charles Fischer (c.fischer@ci.scandia.mn.us); b.eklund; Tom Langer; Daniel Elder; Ronald Alwin; Wayne Sandberg Subject:RE: Froiland Addition - Rezoning and Minor Subdivision (PID 2403220340008) Follow Up Flag:Follow up Flag Status:Flagged TJ, The Wetland Conservation Act (WCA) Technical Evaluation Panel (TEP) reviewed the site on May 25th. The TEP did not make any changes to the delineation. The minimum 15-day WCA comment period ends June 2nd and the WCA Notice of Decision will likely be processed on or around June 6th. I have no further comments from a WCA perspective. Best, Jay Jay Riggs, District Manager Washington Conservation District 455 Hayward Avenue North, Oakdale, MN 55128 Office: 651-330-8220 Ext. 2229 NEW Direct Line: 651-796-2229 Email: jriggs@mnwcd.org Web: www.mnwcd.org From: TJ Hofer <tj.hofer@bolton-menk.com> Sent: Friday, May 26, 2023 1:43 PM To: TJ Hofer <tj.hofer@bolton-menk.com> Cc: Kyle Morell <k.morell@ci.scandia.mn.us>; Ryan Goodman <Ryan.Goodman@bolton-menk.com>; Charles Fischer (c.fischer@ci.scandia.mn.us) <c.fischer@ci.scandia.mn.us>; b.eklund <b.eklund@ci.scandia.mn.us>; Tom Langer <tom.langer@cmscwd.org>; Daniel Elder <Daniel.Elder@co.washington.mn.us>; Jay Riggs <JRiggs@mnwcd.org>; Ronald Alwin <Ron.Alwin@bolton-menk.com>; Wayne Sandberg <Wayne.Sandberg@co.washington.mn.us> Subject: RE: Froiland Addition - Rezoning and Minor Subdivision (PID 2403220340008) All, This is a reminder that comments regarding the Rezoning and Minor Subdivision for the Froiland Addition in Scandia must be provided by May 31, 2023. No formal comments have been received at this point. Enjoy your Memorial Day weekend. Thank you, 2 T.J. Hofer Planner Bolton & Menk, Inc. Mobile: 612-271-6984 Bolton-Menk.com From: TJ Hofer Sent: Tuesday, May 16, 2023 11:06 AM To: TJ Hofer <tj.hofer@bolton-menk.com> Cc: Kyle Morell <k.morell@ci.scandia.mn.us>; Ryan Goodman <Ryan.Goodman@bolton-menk.com>; Charles Fischer (c.fischer@ci.scandia.mn.us) <c.fischer@ci.scandia.mn.us>; b.eklund <b.eklund@ci.scandia.mn.us>; Tom Langer <tom.langer@cmscwd.org>; Daniel Elder <Daniel.Elder@co.washington.mn.us>; Jay Riggs <JRiggs@mnwcd.org>; Scollan, Daniel (DNR) <daniel.scollan@state.mn.us>; Ronald Alwin <Ron.Alwin@bolton-menk.com>; 'Wayne Sandberg' <Wayne.Sandberg@co.washington.mn.us> Subject: Froiland Addition - Rezoning and Minor Subdivision (PID 2403220340008) All, Please find attached the submittal materials for a Rezoning and Minor Subdivision for PID 2403220340008 in Scandia, MN. The proposed project will rezone and subdivide a parcel to create a buildable lot along County Road 52/Oakhill Road North. Revisions to the plans for clarity have been requested at this point and I will share them as they are submitted to the City. If you have any issues accessing the attachments, please let me know. Please provide any comments by May 31, 2023, to be included in the staff report for the Planning Commission. Thank you, T.J. Hofer he/him Planner Bolton & Menk, Inc. 3507 High Point Drive North Bldg. 1 Suite E130 Oakdale, MN 55128 Phone: 651-704-9970 ext. 3189 Mobile: 612-271-6984 Bolton-Menk.com PUBLIC WORKS Wayne Sandberg, P.E., Director, County Engineer Frank D. Ticknor, P.E., Deputy Director May 31, 2023 T.J. Hofer Planner City of Scandia 14727 209th St N Scandia, MN 55073 Comments on Froiland Addition – Rezoning and Minor Subdivision Dear Mr. Hofer, Thank you for the opportunity to review and comment on the rezoning and minor subdivision application for the Froiland Addition site located along County Road 52. Our development review team has reviewed the application and offers the following comments. County Road 52 is currently classified as a “Minor Collector” roadway. The Washington County 2040 Comprehensive Plan contains access criteria for county roads related to spacing, sight lines, and availability of local road connections. County Road 52 requires preserving 120 feet of right-of-way as a minor collector road. The site plan indicates the dedication of 60 feet of right-of-way along “Parcel A,” which meets the requirements. As “Parcel B” develops, additional right-of-way will be required to meet the County’s right-of-way requirements. The site plan indicates a proposed driveway located on the eastern side of “Parcel 2.” The County has visited the property and reviewed the proposed accesses and the three inplace accesses. Based on the review, the County would approve the proposed driveway access for future Parcel B at the location indicated in the plans provided that the inplace field access to future Parcel B, just east of the intersection of Oakhill Rd and 199th St N, is removed. Additionally, Parcel A will require an Access Permit (due to change-in-use from agricultural to residential). The County will likely require relocation of the driveway to the west, as the sight distance is currently marginal. Thank you again for the opportunity to provide comments on the minor subdivision application for the Froiland Addition. We look forward to continuing to work with the City of Scandia to ensure that development in this area is successful and well-served by the transportation network. If you have any questions, please get in touch with me at 651-430-4307 or daniel.elder@co.washington.mn.us Sincerely, Daniel Elder Planner II Cc (email only): Wayne Sandberg, Public Works Director/County Engineer A great place to live, work and play…today and tomorrow Government Center | 14949 62nd Street North | P. O. Box 6 | Stillwater, MN 55082-0006 P: 651-430-6001 | F: 651-430-6017 | TTY: 651-430-6246 www.co.washington.mn.us Washington County is an equal opportunity organization and employer Frank Ticknor, Deputy Director Public Works Lyssa Leitner, Public Works Planning Director Joe Gustafson, Traffic Engineer Kevin Peterson, Design Engineer