Planning and Zoning Commission Meeting

PLANNING AND ZONING COMMISSION MEETING MINUTES Wednesday, August 09, 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 Chair Kinzel. ROLL CALL MEMBERS PRESENT: Chair Bob Kinzel, Commissioners Chuck Hiltner, Gwen Carleton, Howie Oswald and Council Liaison/Mayor Darrel Olson MEMBERS ABSENT: Commissioner Steve Lund STAFF PRESENT: City Planner Matthew Gindele OTHERS: Andy Pickar, Nathan Hill, Damian Unzueta, Pedro Unzueta MINUTES 1. Approve the Planning Commission Meeting Minutes from July 11, 2023 MOTION by Commissioner Hiltner, seconded by Commissioner Oswald to approve the Planning and Zoning Minutes from the July 11, 2023. Motion carried unanimously. Chair Kinzel stated that this Commission is a recommending body and that final approval/denial is taken with the City Council on August 15, 2023. COMMENTS AND QUESTIONS OLD BUSINESS NEW BUSINESS 2. PUBLIC HEARING. Variance to allow a deck and above-ground swimming pool within the required 30-foot setback from a bluff for property located at 12176 Camwood Trail. (City file 23-27) Chair Kinzel asked for the staff report. Planner Gindele stated the applicant is requesting a variance to allow a deck and an above-ground swimming pool to be located within the required 30-foot setback from a bluff on the Mississippi River. Specifically, the applicant is requesting the variances to allow the closest part of the pool to be 9.8 feet from the top of the bluff when the ordinance requires a minimum setback of 30 feet from the top of the bluff. The applicant is requesting the variance to allow the pool and the retaining wall to be located within the bluff setback. An expansion of the existing deck would also be within the bluff setback but would not be any closer to the bluff than the proposed pool. Currently, the existing deck is set at, or slightly 8/9/2023 Planning and Zoning Commission Meeting Minutes Page 2 over, the 30-foot bluff setback. Under the proposed plan, the applicant would extend the existing deck approximately 4 feet into the bluff setback and set the pool so that it is butted up against the edge of the deck so that the closest part of the pool would be 9.8 feet from the top of the bluff. The pool and expanded deck would meet all other setback requirements. The proposed location of the pool is relatively flat but does drop approximately .5-1 foot. Minimal dirt-work would be needed to create a flat surface for the pool to sit on. The pool contractor has stated that he would need to remove about 6 inches of dirt on the high end and spread across the low end to create a level surface. The overall grade is not changing and the amount of dirt being moved is under 10 cubic yard threshold so it does not need a CUP. Planner Gindele reviewed the aerial site map with the Commission. The DNR was provided a copy of the application but has not provided any comments to date. Staff recommends approval of the variance, subject to the findings and conditions in the draft resolution. Commissioner Hiltner asked where the water goes when the pool is drawn down in the fall for winter preparation and if there was any concern about erosion if the pool were to burst and release all the water at once. Planner Gindele stated that the pool is approximately 120 feet from the river and the ground around the pool is relatively flat but that there is a slight slope in the grade toward the bluff before it starts to slope down the bluff at a steeper grade. The water from drawing down the pool would likely end up down the hill but may not ever make it to the river if released slowly allowing it time to infiltrate the ground. Gindele stated that the bluff is heavily vegetated with an understory of brush and with mature trees creating a canopy. The existing vegetation may slow the flow of water allowing it to infiltrate before if reaches the river. If the pool were to burst, water may reach the river but the existing vegetation should be sufficient so that erosion isn’t a concern. Hiltner asked if there was any concern about the chemicals in the pool water reaching the river. Gindele stated that chemicals entering waterways are always a concern of the City but staff is comfortable that the distance between the pool and the river and the amount of vegetation on the bluff would minimize the amount of water entering the river barring a catastrophic failure of the pool in the event it bursts. Commissioner Carleton asked if the City had any kind of pool ordinance that required a safety gate of fence around the pool to help reduce the risk of a child falling into the pool unattended. Planner Gindele stated that the City is considering adopting a pool ordinance but does not currently have one in place. Gindele stated that often, pool ordinances in other city’s require a fence around the pool with a self-closing, self-latching gate but that those requirements often apply only to in-ground pools where a child could be playing in the yard and accidentally fall into the pool. The difference between an in-ground pool and an above-ground pool is that the above-ground pool walls act as the safety barrier. Chair Kinzel opened the public hearing. No one was present to speak. Chair Kinzel closed the public hearing. Chair Kinzel asked the applicant to come to the podium. Damian Unzueta, son of applicant Pedro Unzueta, approached the commission and introduced himself. Kinzel asked if he understood all the conditions (he did) and if he had any concerns with them (he did not). Kinzel asked if he could add to the conversation about how the pool gets winterized. Damian stated that they had not had that 8/9/2023 Planning and Zoning Commission Meeting Minutes Page 3 discussion yet with the pool contractor but would take their advice on what to do. Commissioner Hiltner asked if he knew what kind of chemicals would be used to treat the pool, chlorine, salt, etc. Damian was not sure what would be used but again stated that they would take the advice from the pool contractor if the variance is approved and they can move forward with their plans for the pool. MOTION by Commissioner Carleton, seconded by Commissioner Hiltner to approve the variance to allow a deck and above-ground swimming pool within the required 30-foot setback from a bluff for property located at 12176 Camwood Trail, as presented by staff in the draft resolution with the added condition that a locking gate be added included between the deck and the pool. Motion unanimously approved. 3. PUBLIC HEARING. Variance to allow a retaining wall within the required 35-foot front yard setback for property located at 7399 Garrison Road (City file 23-28) Chair Kinzel asked for the staff report. Planner Gindele stated the applicant is requesting a variance to allow a retaining wall to be located within the required 35-foot structure setback from the front property line. Specifically, the applicant is requesting the variance for the retaining wall to allow for the construction of a dining patio. The retaining wall is needed to create a level area for the patio as the existing grade slopes down toward a stormwater retention pond. The subject property is located in the northwest corner of HWY 371 and Glory Road and is flat except for a depression for stormwater ponding in the southeast corner of the property. The property is 1.58 acres in size meeting the minimum lot area for the C-2 district. It is developed with a restaurant and parking lot and is not located within any floodplain or shoreland district. Existing impervious surface is 68.33% which complies with ordinance requirements. Planner Gindele reviewed the aerial with the Commission. The applicant is proposing to construct a 2,514 sq. ft. patio at the existing El Tequila restaurant. The existing restaurant is in the corner of 371 and Glory Road and the patio would be located such that it would be between the building and both streets, right on the corner. There is currently a stormwater basin in the immediate vicinity of the proposed patio so the ground begins to slope down into the basin. For this reason, a retaining wall is needed to create a level surface for the patio that would overlook the stormwater basin. The outside edge of the retaining wall is proposed to be 19 feet from the front property line when the ordinance requires 35 feet. The applicant is requesting a variance to allow the retaining wall to have a 19-foot setback. If approved, the proposed patio would expand the impervious surface to 71.49% which complies with the maximum of 88% allowed. Nonenclosed Premises Liquor control standards of the City Code require certain improvements when considering a patio at an establishment that serves alcohol. Included in those standards, among others, is the requirement to have a landscape buffer around the perimeter of the patio. The Code also requires the property owner to amend the establishment’s liquor license to account for the patio area. Conditions have been added to the draft resolution requiring these standards to be met. Staff notes that the proposed plan appears to meet these standards. The Utility Commission reviewed the application on August 2, 2023 and recommended approval of the variance request with the following conditions:  Require a Stormwater Facilities Maintenance Agreement prior to issuing a building permit for the patio per city code. 8/9/2023 Planning and Zoning Commission Meeting Minutes Page 4  Require a 100-year stormwater design for all new impervious surface per city code.  Require a Sewer and Water Availability Charge redetermination on the entire site per city code. Staff notes that these conditions have been added to the draft resolution. Council Liaison also asked that the requested variance setback distance be added to the plans; updated plans are attached that show the setback distance. Staff recommends approval of the variance, subject to the findings and conditions in the draft resolution. Chair Kinzel asked if there were any concerns regarding erosion of the stormwater basin from added runoff from the proposed patio. Planner Gindele stated that the applicant is present to respond but that the stormwater basin is designed to take water so there should be no concern for erosion as long as there is sufficient vegetative ground coverage in the basin. Commissioner Carleton asked if the one exit from the patio to the parking lot was sufficient for emergency exiting. Planner Gindele stated that the City’s “Nonelclosed Premises” ordinance requires the primary access to the patio to be from the main building and does not allow any other ingress/egress except for those required as emergency exits. Gindele stated that the building official reviews all patios to ensure that there is proper emergency exists. Chair Kinzel opened the public hearing. No one was present to speak. Chair Kinzel closed the public hearing. Andy Pickar with Hy-Tec, the applicant, approached the Commission and introduced himself. He stated that the stormwater pond is sufficiently designed to withstand the added runoff from the proposed patio so that erosion due to it won’t be a concern. He was asked what type of fencing would be used and how tall the fence would be. Pickar stated that they are looking at using a square tubed black fence that looks like wrought iron and that they would continue to work with staff of the fencing through the building permit process. He stated that he thought the fence would be 36 inches tall. Planner Gindele stated that the “nonelclosed premises” ordinance requires either 36 inches or 42 inches of fence height and that it would be reviewed with the building permit review. Commissioner Hiltner stated that the staff report indicates ordinance requires 42 inches tall. MOTION by Commissioner Oswald, seconded by Commissioner Carleton to approve the variance to allow a retaining wall within the required 35-foot front yard setback for property located at 7399 Garrison Road, as presented by staff in the draft resolution. Motion unanimously approved. 4. PUBLIC HEARING. Zoning Text Amendment to allow “Motor vehicle detailing shops” as a permitted use in the C-2, Regional Commercial Zoning District. (City File number 2023-29) Chair Kinzel asked for the staff report. Planner Gindele stated the applicant is requesting approval of a Zoning Text Amendment to allow “Motor vehicle detailing shops” as a permitted use in the C-2, Regional Commercial Zoning District. Hills Detailing has signed a lease and moved into the back of the Finken Aqua Systems Building (behind Legacy Automotive) at 14370 Dellwood Drive. The business owner and the property owner were unaware that an automotive detailing use is not a permitted use in the C-2, Regional Commercial Zoning District. Upon learning this information from the City, the business owner immediately submitted a zoning ordinance text amendment to allow “Motor vehicle detailing shops” as a permitted use in the C-2 district to allow their business to become a conforming 8/9/2023 Planning and Zoning Commission Meeting Minutes Page 5 use. The city currently allows motor vehicle detailing shops as a permitted use in the I, Industry Office zoning district and the CI, Annexed Commercial/Industrial zoning district. The applicant is requesting approval of a Zoning Text Amendment to allow “Motor vehicle detailing shops” as a permitted use in the C-2, Regional Commercial Zoning District. The city currently allows motor vehicle detailing shops as a permitted use in the I, Industry Office zoning district and the CI, Annexed Commercial/Industrial zoning district. The applicant operates a detailing shop that works on three to five cars per day. The products they apply to the vehicles produces no waste down drains, except for car wash soap. They complete exterior paint buffing work and interior cleaning of vehicles. At essentially the same time that the applicant signed the lease, the property owner added a non- conforming crushed rock surface in the back of the property for parking. This surface is non- conforming to the City’s required surfacing standard of paving or concrete with storm water treatment for additional impervious surface. In addition, the property owner had previously re- striped parking on the site that is not in conformance with the zoning ordinance. Lastly, 10 additional striped stalls are required to meet the minimum parking requirement for the three businesses on the site. Staff has spoken with the owner about the violations and the need for additional parking. The property owner has provided commitment in writing to correct the violations in 2023. Staff is comfortable moving forward with this written commitment. Automotive Detailing Shops are currently a permitted use in the City’s industrial zoning districts. A likely reason why the city listed the subject use as permitted for the industrial districts is that detailing is a shop/garage-bay use that often has business to business work that doesn’t require a commercial location. The applicant completes both business and private work for their customers. The applicant also states in the narrative that they started as a mobile business. The City of Baxter has many different types of automotive uses in the C-2 district and detailing shops are the one auto use that are not presently allowed. Uses such as dealerships (and their related shops), automotive repair shops of all varieties, car washes, etc. Staff finds that some levels of automotive detailing is already occurring as an accessory use within dealership shops or automotive repair shops to regularly clean vehicles. Auto repair shops are a conditional use in C-2 to allow reasonable conditions related to the use for things like storage of vehicles in disrepair, keeping tools and tires inside or screened, and safety standards related to things like flammables, liquids, etc. Staff finds that there aren’t the same concerns with today’s detailing shops like there are with automotive repair. Community Development staff recommends approval of the Zoning Ordinance Amendment, subject to the attached ordinance and resolution. Chair Kinzel asked for confirmation that these nonconformities are not a result of the applicant; Planner Gindele confirmed. Kinzel asked what the timeline was to have the nonconformities corrected and what would the process be if the owner just kept putting off correcting them for a year, two years, etc. Gindele stated that the property owner has submitted a letter of commitment to have the nonconformities addressed in 2023 and that staff is comfortable moving the application forward with that commitment. Council Liaison Mayor Olson stated that back when these businesses along the 371 corridor north of 210 were constructed they were set back way back from the road which was just a two lane highway at the time, and they conformed to the setback standards. Then the highway turned to a four-lane divided highway, then frontage roads got put in, then center turn lanes on the highway got put in. All of a sudden these business were nearly on top of the road and 8/9/2023 Planning and Zoning Commission Meeting Minutes Page 6 didn’t conform with setbacks and many other standards through no fault of their own. The nonconformities discussed today don’t necessarily pertain to this situation but it does help paint a picture and getting any nonconformities cleaned up is a positive. Chair Kinzel opened the public hearing. No one was present to speak. Chair Kinzel closed the public hearing. Applicant Nathan Hill approached the Commission and introduced himself. He gave a history of his business operation from starting by doing home visits to detail customers’ to where he is now in Baxter. He stated that in just three years his business has really grown, to the point that he now has 5 employees working for him. Chair Kinzel asked if he understands the recommendation of staff and the conditions of approval. Hill stated that he understands and has no concerns. MOTION by Commissioner Carleton, seconded by Commissioner Oswald to approve the zoning text amendment to allow “Motor vehicle detailing shops” as a permitted use in the C-2, Regional Commercial Zoning District, as presented by staff in the draft resolution. Motion unanimously approved. UPDATES ADJOURN MOTION by Commissioner Hiltner, seconded by Commissioner Oswald to adjourn the meeting at 6:52 p.m. Motion unanimously approved. Approved by: Submitted By: ___________________________ ______________________________ Bob Kinzel Matthew Gindele Chair CD Administrative Assistant