Planning and Zoning Commission Meeting

PLANNING AND ZONING COMMISSION MEETING MINUTES Tuesday, March 14, 2023 at 6:00 PM Baxter City Hall, 13190 Memorywood Drive, Baxter, MN “A Growing Community” CALL TO ORDER The regular meeting of the Baxter Planning and Zoning Commission was called to order at 6:00 pm by Acting Chair Hiltner at 6:14 pm. ROLL CALL MEMBERS PRESENT: Commissioners Steve Lund (6:27), Chuck Hiltner, Gwen Carleton, and Council Liaison/Mayor Darrel Olson MEMBERS ABSENT: Chair Bob Kinzel and Howie Oswald STAFF PRESENT: CD Director Josh Doty and Planner Matthew Gindele OTHERS: Russ & Jody Hale and Trevor & Jocelyn Tanner MINUTES 1. Approve the Planning & Zoning Commission Meeting Minutes from February 14, 2023 MOTION by Commissioner Carleton, seconded by Council Liaison/Mayor Darrel Olson to approve the Planning and Zoning Minutes from the February 14, 2023. Motion carried unanimously. Acting Chair Hiltner stated that this Commission is a recommending body and that final approval is taken with the City Council on March 21, 2023. COMMENTS AND QUESTIONS None OLD BUSINESS None NEW BUSINESS 2. PUBLIC HEARING. Preliminary and Final Plat of Cedar Scenic Second Addition To Baxter for property located on the north side of Clearwater Road between Oakwood Drive and Circle Pines Road (City file 23-07) The applicant is requesting approval of a preliminary and final plat to be known as “Cedar Scenic Second Addition to Baxter” for the 6.27-acre area. Specifically, the proposed plat would re-plat nine existing vacant buildable single-family lots and two non-buildable outlots into 8 buildable single- 3/14/2023 Planning and Zoning Commission Meeting Minutes Page 2 family lots and one non buildable outlot. The south 24 feet of the lot to the north would also be platted into the new lots. Additionally, the portion of Cedar Scenic Drive to the south of the subject property, which is currently provided for by a road easement, would be platted as road right-of-way. The subject property is being platted to adjust the north property line by moving it 24 feet to the north to make the lots larger/deeper so that they are more consistent with the surrounding neighborhood lot sizes. Additionally, the plat would replat one of the existing buildable lots into an outlot for a drainage ditch to be constructed on. Planner Gindele reviewed the aerial, preliminary and final plat with the Commission. He explained the need to turn a buildable lot into an outlot that is needed for stormwater management. He explained the few lots that were in the shoreland overlay district and that they were meeting the standards of that district. The Utility Commission reviewed the preliminary and final plat at its regular meeting on March 8, 2023 and recommends approval. Planner Gindele stated City records show that park dedication was paid for the subject property when it was initially platted. Therefore, park dedication will not be required to be paid for the proposed plat. The DNR was notified of this plat and has not returned any comments to date. Staff did put a condition in the draft resolution indicating that the city would comply with any conditions brought forward by the DNR. Planner Gindele stated staff recommends approval of the preliminary and final plat of “Cedar Scenic Second Addition To Baxter”, subject to the findings and conditions in the attached resolution. Acting Chair Hiltner asked if there was water/sewer stubs on these lots. Planner Gindele indicated that there were stubs to each lot including the outlot. The stub for the outlot will be removed. Commissioner Carleton asked if this plat is only for the road being improved. Planner Gindele indicated that there is a road project coming up and the need for stormwater in this area was another reason to plat. Commissioner Carleton asked if a trail was proposed for this plat, the answer was yes. Planner Gindele brought up the civil drawings showing the trail on the north side of Cedar Scenic Rd. Council Liaison/Mayor Darrel Olson informed the Commission that the County would be recording a deed to transfer the south 24 feet of the large vacant lot to the north to the City. This was necessary to move forward with the plat as the City only has a contract for deed with the County for the property to the north. The city can still use the land and create a stormwater pond. Acting Chair Hiltner asked if these were low laying areas where the stormwater ponds are going, or being dug out. Planner Gindele indicated the pond would be dug out. Acting Chair Hiltner opened and closed the public hearing, as those in the audience had left the cambers. MOTION by Commissioner Carleton, seconded by Commissioner Hiltner to approve the preliminary and final plat of Cedar Scenic Second Addition To Baxter for property located on the north side of 3/14/2023 Planning and Zoning Commission Meeting Minutes Page 3 Cedar Scenic Road between Oakwood Drive and Circle Pines Road, as presented by staff in the draft resolution. Motion unanimously approved. 3. PUBLIC HEARING. Preliminary and Final Plat of Northdale Sixth Addition for property located between Lynndale Drive and Kimberlee Drive. (City file 23-08) Acting Chair Hiltner asked for the staff report. Planner Gindele indicated the applicant is requesting approval of a preliminary and final plat to be known as “Northdale Sixth Addition” for the 6.13-acre area. Specifically, the proposed plat would re-plat seven existing vacant buildable single-family lots into 12 smaller buildable single-family lots. Planner Gindele reviewed the site plan, preliminary and file plat with the Commission. He reviewed the lots that were in the shoreland overlay district and noted those lots are meeting the required square footage. He noted the utility easement on the plat. The subject property was initially platted as well and septic lots previous to city water and sewer being available. At the time, well and septic lots required a minimum lot size of 40,000 sq. ft. When the City serviced the lots with water and sewer, service stubs were installed to allow for future subdivision of the lots since the minimum lot size for properties with city services is only 15,000 sq. ft. rather than 40,000 sq. ft. The existing lots were assessed for the improvements, most of which received two assessments per lot, assuming future subdivision. The owner of those lots at that time chose to sell the lots to the City rather than pay for the assessments. The City is now proposing to subdivide the existing lots to create additional buildable lots to sell for development. The Utility Commission reviewed the preliminary and final plat at its regular meeting on March 8, 2023 and recommends approval with the condition that the City waive the dedication requirement of an additional 7-feet of right-of-way as per City Ordinance No. 11-4-2. The additional right-of-way is not needed because there are no trails proposed along Lynndale Drive and Kimberlee Drive adjacent to the plat and the existing 66-foot right-ofway with the 10-foot drainage and utility easement is sufficient for private utilities to install their infrastructure. City records show that park dedication was not paid for the subject property when it was initially platted. Therefore, park dedication shall be required to be paid for each of the lots at the current rate identified in the fee schedule at the time of payment. A condition has been added to the draft resolution requiring park dedication to be paid prior to recording the plat. The DNR was notified of this plat and has not returned any comments to date. Staff did put a condition in the draft resolution indicating that the city would comply with any conditions brought forward by the DNR. Commissioner Lund asked how long the City (EDA) has own these lots, it was estimated at 18-20 years. Staff recommends approval of the preliminary and final plat of “Northdale Sixth Addition”, subject to the findings and conditions in the attached resolution. Council Liaison/Mayor Darrel Olson gave the history of the lawsuit between the City and the previous owners of the property. CD Director Doty stated that the proposed lots similar in size to the surrounding areas. 3/14/2023 Planning and Zoning Commission Meeting Minutes Page 4 Acting Chair Hiltner open the public hearing. Mr. Trevor Tanner 14476 Lynndale Dr. Asked if the water and sewer was available for the expansion of the lots. Staff indicated that there were stubs for each lot being created. Mr. tanner recapped his understanding of how the property was developed with too many stubs and the developer walked away from the cost and sold to the city. He asked why there were so many stubs put in at that time. Planner Gindele explained how the city does 100 feet per lot, therefore each lot received two assessments. Mr. Tanner voiced concern over there being smaller lots with smaller homes and the concern regarding his property value decreasing. He indicated what the houses have sold for around him in the past couple of years and is concerned that smaller homes will bring the cost down more. Mr. Tanner noted the house on the corner of Lynndale and Clearwater sold for $250,000.00 2-3 years ago. Council Liaison/Mayor Darrel Olson stated that was a really good price compared to what the home is valued at today. He added that in his neighborhood everyone’s value went up $100,000.00 and there haven’t been any updates to his home. (Question asked from the audience-could not hear on the recording) CD Director Doty stated the minimal lot size per code. Council Liaison/Mayor Darrel Olson gave the history of the 100 feet per frontage of the road. Mr. Tanner expressed concern regarding additional homes and his children and himself enjoying the wooded area and doesn’t want to see additional home built in that area. Commissioner Lund asked if the majority of the lots were going to be roughly 20,000 square feet if they were initially platted at 40,000 sq. ft. CD Director Doty reviewed each lot size with the Commission. Acting Chair Hiltner closed the public hearing. MOTION by Commissioner Carleton, seconded by Commissioner Lund to approve the preliminary and final plat of Northdale Sixth Addition To Baxter for property located on the north side of Clearwater Road between Oakwood Drive and Circle Pines Road, as presented by staff in the draft resolution. Motion unanimously approved. UPDATES None ADJOURN MOTION by Commissioner Carleton, seconded by Commissioner Lund to adjourn the meeting at 6:58 p.m. Motion unanimously approved. Approved by: Submitted By: ___________________________ ______________________________ Chuck Hiltner Shanna Newman Acting Chair CD Administrative Assistant