Planning and Zoning Commission Meeting

PLANNING AND ZONING COMMISSION MEETING MINUTES Tuesday, October 10, 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: Commissioners Steve Lund STAFF PRESENT: CD Director Josh Doty and Planner Matthew Gindele OTHERS: Nick & Justine Oehrlein, Theresa Rardin, Jesse Jons, Scott Adkisson, Steve & Debbie Vitale, Travis Kuepers, Scott Bender, Bill Brokk, Paul Skogen and Lisa Paxton MINUTES 1. Approve the Planning & Zoning Commission Meeting Minutes from August 9, 2023. MOTION by Commissioner Hiltner, seconded by Commissioner Oswald to approve the Planning and Zoning Minutes from the August 9, 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 October 17, 2023. COMMENTS AND QUESTIONS OLD BUSINESS NEW BUSINESS 2. PUBLIC HEARING. Variance to a front yard setback for property located at 6141 Donald Street (City file 23-32). Chair Kinzel asked for the staff report. Planner Gindele stated the applicant is requesting a variance to allow a front entry way home addition to extend into the front yard setback for property located at 6141 Donald Street. The entryway is being proposed to allow entry into the home from the outside elements before entering the main part of the home. Currently, the front door of the house opens directly into the living room. The entryway would allow a sheltered entry into the home with a closet for coats, hats, etc. without cluttering the living space of the home. The proposed addition would extend four feet into the 40-foot front yard setback. 10/10/2023 Planning and Zoning Commission Meeting Minutes Page 2 Planner Gindele reviewed the aerial location with the Commission. He also reviewed the proposed drawings as well. Staff recommends approval of the variance, subject to the findings and conditions in the draft resolution. Chair Kinzel asked if the addition is on stilts, Planner Gindele indicated it will be code compliant with a pier type foundation and will be elevated to match the first floor level of the house. The code requires a continuous footing, the house does have the continuous footing, however the addition will be on pier footings. Commissioner Hiltner asked what the additional brick is going to be attached to if the porch is elevated. Planner Gindele indicated that the applicant could answer that question. CD Director Doty indicated this is more like a porch, staff has granted these types of additions in the past with diamond pier footings. Commissioner Hiltner asked if the variance request was to the road or the property line. Staff indicated from the property line. Chair Kinzel opened the public hearing. Mr. Nick Oehrlein-6141 Donald Street (owner) stated he recently purchased the home after renting it for four years. Regarding how he is planning on building it is post construction with green treated wood wrapped around it then place lath on it and place stone on the lath around the foundation. Chair Kinzel closed the public hearing. MOTION by Commissioner Carleton, seconded by Commissioner Oswald to approve the variance to a front yard setback for property located at 6141 Donald Street, as presented by staff in the draft resolution. Motion unanimously approved. 3. PUBLIC HEARING. Interim Use Permit to allow an accessory building as a principal use on vacant property located east of the applicant’s home at 13831 Kenwood Court. (City File # 23-34) Chair Kinzel asked for the staff report. CD Director Doty stated the applicant is requesting approval of an interim use permit to allow an accessory building as a principal use on vacant property located east of the applicant’s home at 13831 Kenwood Court. The applicant is proposing to construct a 1,500-square foot garage on the vacant lot. The zoning ordinance allows an interim use permit for the construction of an accessory building as a principal use subject to standards. An analysis of the request and the zoning standards is provided later in this report. CD Director Doty reviewed the aerial, plans, site plan and code regulation with the Commission. He explained the continuous footing that would allow for a future home to be attached to the garage. The garage has been designed for the future addition of a home. The garage materials will match the existing home and the garage meets all accessory building standards. The applicants site plan shows how a future home could be built to connect to the garage in the future. Lastly, the applicant has shown that the garage would have full frost depth footings to allow the garage to be connected to a future home as an attached garage in the future. 10/10/2023 Planning and Zoning Commission Meeting Minutes Page 3 This interim use permit shall terminate upon sale of either lot or when a new home is constructed on the vacant lot. CD Director Doty added that prior to the meeting the applicant noted some concern with item number ten in the resolution. It was noted that number nine covers the intention. He suggested the Commission strike number ten from the resolution. Staff recommends approval of the Interim Use Permit, subject to the findings and conditions in the attached resolutions. Commissioner Carleton asked why condition number ten was put into the resolution originally. CD Director Doty stated he was trying to make sure the lots don’t get sold separately. He added that it was an unintended consequence. Chair Kinzel opened the public hearing. Mr. Travis Kuepers 13831 Kenwood Court (owner) approached the podium. Chair Kinzel asked him if he understood all of the conditions. Mr. Kuepers understood the conditions. Commissioner Hiltner asked if he was able to sell the lots separately or if they had to be sold together. CD Director Doty reiterated that the properties have to be sold together or if they were sold separately the new owner would have to build a house within six months or the garage would need to be demolished. CD Director Doty explained that this resolution will be recorded on both parcels and that is how it would be tracked in the future. Mr. Steve Vitale 13047 Parkwood Dr. if one owner purchases both properties do they have to come back in for a new interim use permit, CD Director Doty stated that they would not, as it runs with the land. (Person speaking from the audience could not be understood) Chair Kinzel closed the public hearing. MOTION by Commissioner Oswald, seconded by Commissioner Hiltner to approve the Interim Use Permit to allow an accessory building as a principal use on vacant property located east of the applicant’s home at 13831 Kenwood Court, as presented by staff in the draft resolution, adding that condition number ten be struck from the resolution. Motion unanimously approved. 4. PUBLIC HEARING. PUD Amendment to allow a bank with a drive-through for property located at 15616 Edgewood Drive (city file 23-36). Chair Kinzel asked for the staff report. Planner Gindele stated the applicant is requesting approval of a PUD (Planned Unit Development) Amendment to allow a bank with a drive-through to be located in the existing building at 15616 Edgewood Drive. He referenced the location with an aerial. The site is fully developed and has no topography with the exception of a stormwater pond in the NE corner and a ditch along Edgewood drive to the west of the site. The only trees on site are landscaping trees that were planted with the initial development of the site. The property is not located in a shoreland overlay district and there is no floodplain on the property. 10/10/2023 Planning and Zoning Commission Meeting Minutes Page 4 Planner Gindele reviewed the drive through standards with the Commission. He reviewed the proposed site plan, parking location, drive through location, floor plan, trellis and storm water with the Commission. Staff notes that site plan review occurs at the time of building permit review; however, it is necessary at this time to understand how the proposed alterations affect the site plan. The bank is proposed to go in the southeast end of the building with the drive-through to be located on the south side of the building. The area from the start of the stacking lanes wrapping around the east side of the building will change from two-way traffic to one-way traffic. There are currently eight parking stalls and a trash enclosure in the proposed area of the drive-through lanes. The trash enclosure will be moved to the east to occupy two current parking stalls. The eight stalls in the area of the drive-through will be lost in addition to the two where the trash enclosure is being moved to. Additionally, there are currently 11 parking stalls facing HWY 371 between the sign and the south end of the parking lot, the southern three of which are EV charging stalls. The three charging stalls will remain as is at 90- degree parking. The other eight stalls will switch from 90-degree parking to angled 45-degree parking to accommodate the one-way traffic where the drive-through is. These eight stalls will be reduced to six stalls to allow space for the angled parking. Parking Analysis-Based on the existing floor plans of current tenants the site requires a total of 50.16 parking stalls. Add the bank use which requires an additional 7.38 stalls, and the total parking demand for the entire site is 57.54 stalls (58 stalls). After the alterations are made to the site there will be a total of 63 stalls on site. Staff finds that the proposed development plan meets the drive-through standards as follows: The proposed development plan includes two drive-through bank teller lanes and a third drive-through ATM lane that are each a minimum of 10 feet wide. The plan also includes a bypass lane that is 14 feet wide. The drive-through lanes are in a side yard not between the building and the front lot line and are not adjacent to any residential. The drivethrough use has direct access to Edgewood Drive which is a local service road. The applicant has proposed planting additional trees along the curb-line paralleling HWY 371 to provide screening of the headlights as they come through the drive-through. The level of service was reviewed with the original development and staff notes that the additional use can be accommodated with acceptable levels of traffic. Staff has added a condition that any electronic speaker devices comply with the ordinance standards regulating such. The proposed development includes a total of nine (9) stacking spaces when the ordinance requires four per lane for a total of 12. Staff notes that if only one drive-through lane were proposed only six stacking stalls would be required by ordinance which is three less stacking spaces than are proposed. Additionally, the third lane is not a teller lane but an ATM lane which generally has a faster turnover rate thus requiring fewer stacking spaces. Staff supports the proposed stacking arrangement with the condition that if stacking proves to be problematic and backs up blocking the parking that the trash enclosure shall be relocated, and the stacking lanes shall be extended to accommodate a minimum of four stacking spaces in each drive-through lane. Staff recommends approval of the application subject to the ordinance and conditions and findings in the attached resolutions. Chair Kinzel indicated that there was considerable time spent covering the stacking and parking. He asked about landscaping, Planner Gindele indicated that there will be four new spruce trees added to block the headlights from the drive through. Commissioner Carleton asked where the entrance to 10/10/2023 Planning and Zoning Commission Meeting Minutes Page 5 the bank is located. Planner Gindele indicated there are two suites that will be converted into one suite and one door will be removed. Chair Kinzel opened the public hearing. Mr. Paul Skogen-Hy-Tec Construction 13347 Norway Dr. approached the podium. Chair Kinzel asked if he had any concerns or questions about what was heard at the meeting. Mr. Skogen stated he has worked with staff closely to get everything worked out. Chair Kinzel closed the public hearing. MOTION by Commissioner Carleton, seconded by Commissioner Hiltner to approve the PUD amendment to allow a bank with a drive-through for property located at 15616 Edgewood Drive, as presented by staff in the draft resolution. Motion unanimously approved. 5. PUBLIC HEARING. Zoning Text Amendment and Conditional Use Permit to allow a “Homeless and Recovery Resource Center” to be located at 8055 Industrial Park Road. (City File 23-37). Chair Kinzel asked for the staff report. CD Director Doty stated the applicant has requested approval of a zoning ordinance text amendment and conditional use permit (CUP) to allow a “Homeless and Recovery Resource Center” to be located at 8055 Industrial Park Road. Specifically, the zoning ordinance text amendment would allow Homeless and Recovery Resource Centers as a conditional use in the I, Industry Office zoning district. The Conditional Use Permit would allow a Homeless and Recovery Resource Center at 8055 Industrial Park Road. The subject site has two industrial buildings on one property the proposed use would be located in the southerly building on the site. Open Arms is a Homeless and Recovery Resource Center that would provide a “supportive, sober, safe environment that will assist individuals with putting their life back together and to provide the resources needed to do that.” The applicant is requesting approval of a Zoning Text Amendment to allow Homeless and Recovery Resource Centers as a conditional use in the I, Industry Office zoning district. The proposal to list the proposed use as a conditional use offers the City the ability to establish reasonable conditions associated with the use. CD Director Doty reviewed the proposed use with conditions listed. ARTICLE I. I INDUSTRY OFFICE DISTRICT 10-3I-3: CONDITIONAL USES: Homeless and Recovery Resource Centers, provided: A. The facility shall comply with all applicable state building, fire, plumbing, mechanical and electrical codes. B. Professional staff shall be present in the facility at all times during open hours. C. Professional staff shall be present in numbers reflective of the number of people using the center. D. The facility shall provide or have access to appropriate support services for the employees and clints using the center. E. Hours of operation shall not be later than 8:00 p.m. and shall not be earlier than 7:00 a.m. F. No overnight occupancy is permitted. G. No loitering shall be allowed outside the facility or in any nearby areas. H. The facility shall not be used as a detox facility. I. If the site becomes a location having an inordinate number of police response calls that are criminal in nature, the city may revoke the conditional use permit. 10/10/2023 Planning and Zoning Commission Meeting Minutes Page 6 J. Violations of the above conditions shall be grounds for revocation of the conditional use permit. The applicant is requesting a conditional use permit (CUP) to allow a Homeless and Recovery Resource Center. The business would be a tenant in an existing industrial building. The tenant space is currently built out with existing office and warehouse space. The applicant intends to complete cosmetic improvements to allow the proposed use. The resource center facility would provide people with support services during daytime hours. The applicant’s narrative indicates that the specific services that would be offered includes items such as: peer support, housing resources, connections to mental health services, substance use resources, employment resources, transportation resources, insurance/financial assistance, sober activities, volunteer opportunities, educational classes. Transportation services are planned to the soup kitchen and to the shelter located in the City of Brainerd. Staff has reviewed the proposed use for 8055 Industrial Park Road based on the ordinance conditions and finds that the use would meet the conditions of the ordinance. CD Director Doty reviewed the floor plan with the Commission. Staff has also reviewed the use based on the City’s parking requirements and finds that the use would have sufficient parking for the use. Staff has also reviewed the request against the general CUP standards. Section 10-7-4 of the Zoning Ordinance defines the criteria for reviewing and processing a conditional use permit. Staff recommends approval of the Zoning Ordinance Amendment and Conditional Use Permit to allow a Homeless and Recovery Resource Center located at 8055 Industrial Park Road, subject to the finding and conditions in the draft ordinance and resolutions, as may be amended by the Commission. Chair Kinzel opened the public hearing. Mr. Jesse Jones 609 5th Ave Ironton, MN, approached the podium. He indicated that this is a resource center. Diversion Solutions is in part of the building. It was founded by Scott Adkinsson, who was present in the audience, he has 26 years of helping people coming out of addiction and criminal system. That business has been there for about a year. He is also the founder of the Lighthouse Beginnings. Lighthouse Beginnings was created for those that fall through the cracks. The program took two years to come together before offering assistance. They currently have three homes in Brainerd and a transitional home in Little Falls. A lot of people don’t know they exist, as there isn’t a lot of trouble with their homes. Mr. Jones gave his background of being a Teen Challenge graduate and a credentialed minister. He noted that people coming out of addiction don’t have resources to move forward with things like filling out an application, helping them to get a job and they have manufacturing company that believes in giving a second chance. The center would help them with these activities. They are very big on accountability, individuals aren’t allowed in the program if they can’t pass a UA (urine analysis) first and agree to taking a UA upon request at any time, they will not tolerate or take the time for those that can’t pass one. His feeling is that if he has to work and pay taxes, then the people they are helping should as well. Chair Kinzel asked about the level of staffing. Mr. Jones indicated that they have licensed social workers and peer support people that are licensed through the state to work with those with criminal backgrounds. He handed additional information to the Commission on the credentials their 10/10/2023 Planning and Zoning Commission Meeting Minutes Page 7 employees hold. Commissioner Carleton asked if he was going to be working with Teen Challenge. Mr. Jones indicated that most of his homes have graduates of Teen Challenge, due to his repour with them. There are also people from Bridges of Hope that they assist being they don’t have the support. There will be some that come from law enforcement that don’t want to slip through the cracks and become criminal. CD Director Doty asked how many people a day would be utilizing the center. Mr. Jones estimated around 12-15 a day. This number is based off of numbers they have seen in the County and Brainerd. He noted some of them may need to be taken to the doctor’s appointments and job interviews. Commissioner Carleton asked if most of these people will be coming from the homeless shelter, he indicated some will be. He spoke to Ann at the shelter, and she also indicated about 12 people. He added that there are some people that will not reach out to the center because they might already have a job or don’t want the help being offered. Chair Kinzel asked if they have other center locations, Mr. Jones indicated this is the first one that they have done, however there are other recovery centers. He noted one in Mankato that they are meeting with on Monday just to see how they run their operation. He has been in contact with several people that work in this field to see what their policies are. Chair Kinzel asked how do these people come to you, by appointment or walk-ins? Mr. Jones indicated that they come to them via a referral either through the police department, Teen Challenge, After Care Consultant or treatment courts. Commissioner Hiltner asked where the funding comes from and if they are a non-profit, if so where does the funding come from. Mr. Jones indicated board members and several donors and Diversion Solutions, Scott and his wife are very gracious donors. They are a non-profit. Chair Kinzel asked Mr. Scott Adkisson to approach. Mr. Adkisson 4203 Parkway Dr. Nisswa, MN, he indicated that he is the owner of Diversion Solutions. He indicated that he has been in business for 26 years working with these individuals and has helped manage the lives of about 3,000 people a year. They have an office in Minneapolis, and they have been very successful working with the Hennepin County Attorney’s Office, his company is their “Go To” to work with for all of their drug people, they take the bad of the bad, because they believe that there is good in everyone. He explained that Lighthouse was needed to bridge the gap between getting people licensed through the state to help these people. His Diversion Solution business, prior to covid, the recidivism rate was 2.4%, during covid it was 14%. Commissioner Carleton stated that 2.4% was good, Mr. Adkisson indicated it was fantastic, indicating the national average is 26%. During covid everything went automated and a zoom meeting was not the way to help them, they need to be face to face having someone stand next to them. That is why he started Lighthouse Beginnings because these people need one on one care. Regarding staffing, licensed/credential persons and volunteers they would be opening the doors with roughly 15 staff personnel and each one would be able to manage a one-on-one interaction. Each person can handle three people a day. Chair Kinzel stated that he had called Chief Exsted and asked if he had any concerns regarding this application, the Chief did not and supported the application. Mr. Jones replied that Diversion Solutions has been operating for over a year with people coming in and out and there haven’t been any calls. Mr. Adkisson added that they have had an office in the area for five years and nobody has heard of them because they know how to handle behavioral management. He added that most people can cause conflict, they learn how to deescalate the situation. He asked that staff put the floor plan on the screen, he noted a room used for music therapy to help an agitated person calm down for 30 minutes before his staff will work with that individual, and it works. He referred to his Minneapolis office and stated they have about 200 people a day going into that office and only once, in 12 years, have they had to call the police and it was 30 days ago. It was a mental health issue, and they got the person the help they needed so they could continue to work with that individual in the future. Commissioner Hiltner spoke of the homeless population nationwide, where are these people going after 8:00pm. Mr. Jones stated that at 7:45 pm, a bus will pick the people up and take them to the 10/10/2023 Planning and Zoning Commission Meeting Minutes Page 8 homeless shelter. Commissioner Carleton asked who owns the bus, Mr. Jones indicated that the homeless shelter is working with a local Lutheran church which has graciously donated a bus. Commissioner Carleton asked if they would have their own transportation, Mr. Jones indicated that they do have their own transportation, a car and SUV to transport people to where they need to be. Commissioner Hiltner asked about the number of homelessness in this area. Mr. Adkisson indicated that they have been trying to get those numbers and have been unable to get them. He did state that a national survey was done and in Crow Wing County 3 out of 5 people have either been on hard drugs or are currently on hard drugs. It’s a high number for this area and drugs are getting just as cheap as the cities. Mr. Steve Vitale, owner of the property to the east of this location approached the podium. He noted that he has not had any problems with their business. His question is about the text amendment to the Industrial District. His question was about the parking possibly flowing onto his property and how it’s going to be handled. CD Director Doty stated that with any business someone might get the wrong address, however he thinks the loitering condition covers Mr. Vitale’s concerns, as loitering can be in a car as well. He also indicated that posting signs indicating parking for his business only and then those vehicles can be towed. Mr. Vitale indicated that it can be quite a task, especially if the tow truck shows up and they hurry out and move the vehicle, the tow trucks will quit showing up. CD Director Doty asked if he was requesting a no off site parking being placed in the text amendment. Mr. Vitale indicated that would be nice if it could be done. The Commission and staff held conversations regarding people walking and parking and how to manage/police an individual’s property with a fence and signage. Mr. Vitale ultimately asked that no off-site parking be included in the text amendment. It was decided that staff would work on the off-site parking verbiage. Ms. Lisa Paxton, 8022 Greenwood Rd. owns property to the south of the proposed use. She stated her daughter and grand child live in one of the four-plex and the rest are elderly people. They are one of the only homeowners, the remaining are apartment buildings. She indicated she understands addiction and recovery and supports these types of programs, her concern is controlling the individuals coming and going to this location. She understands the applicants have zero tolerance, but what is going to keep them from cutting through the Vitale woods to get to the trail. She stated that the facility should be put next to the shelter and not in Baxter. Chair Kinzel asked about transportation. Ms. Theresa Rardin, social worker indicated peer support is a new concept, similar to having a social worker with you at all times. This will assist with the loitering. Ms. Rardin also has a daughter and grandchild that lives in that area and she is very comfortable with this application. Ms. Paxton indicated that her daughter has had a history of issues, and any triggers could happen. Chair Kinzel stated that staff has conditions in the amendment that will revoke the use if there are issues. Ms. Paxton stated she is still concerned with the supervised transportation. Council Liaison/Mayor Olson agreed with Ms. Paxton as this location is a logistical nightmare, noting where the soup kitchen and homeless shelter are located, there will be a lot of transportation involved. Ms. Paxton asked that a condition be added that there is supervised transportation, that would alleviate her concerns. She asked where are the “teeth” that will prevent them from leaving on their own. Commissioner Carleton asked how they can guarantee people won’t take off on their own. Mr. Jones indicated that if a person is there and not cooperating with staff, they will be taken back to where they came from. He added regarding the logistical nightmare, the soup kitchen will be bringing over food, so it is one trip over and one trip back. He noted that half of the homeless people have jobs and go to work every day, a quarter don’t want help, therefore it leaves a quarter of the people being helped. He understands the concerns however, he guaranteed that these people coming over want help, want to get back on their feet, they aren’t going to want to be there if they don’t want to better themselves. Ms. Paxton stated that she understands the dedication and networking to make this work, but this is also going to allow anyone else that may want to do this, however what if they 10/10/2023 Planning and Zoning Commission Meeting Minutes Page 9 aren’t as dedicated. What if the next one goes in by Tee-Hive and they don’t have supervised managed transportation, she would like it placed in the ordinance. Mr. Adkisson stated when they were at 101 Laural Street, across from the jail and courthouse they had maybe five walk-ins, they are brought to us by people that were in charge of the situation. Commissioner Carleton asked Mr. Adkisson how this project is being funded. Mr. Adkisson stated that his wife and he committed to spending $50,000.00 a year towards Lighthouse Beginnings for the 3-4 years to get it up and running, as well as they get PRRS bill insurance through the government and last year an anonymous donor gave $70,000.00. He indicated this year they are at roughly $150,000.00 in donations, with receiving just last week a $10,000.00 check. He indicated that they help a lot of people throughout Minnesota and up north there aren’t enough services, Commissioner Carleton agreed. A lot of the people they help have been tossed aside because they don’t have insurance or a car, they are considered a “problem child” that people don’t want to deal with them. He invited staff and the Commission to come to the grand opening and stop in and check to make sure they are doing their job. He stated their company is a people organization that he has been working on for 26 years. Commissioner Hiltner asked what was in the building to the north, on the same property, CD Director Doty stated it’s a training center. Don Booth is the overall property owner, and he has signed off the application. Chair Kinzel indicated that there are two concerns, the loitering/parking and managed transportation. Commissioner Hiltner clarified that this was to bring them there and then pick them up daily. Mr. Jones indicated there are two different groups, the homeless shelter gets the one-on- one support and the other peer group is brought there by the person handling their situation. Chair Kinzel stated that it really is supervisor travel and that is what should be added to the ordinance. Chair Kinzel closed the public hearing. MOTION by Commissioner Carleton, seconded by Commissioner Hiltner to approve the zoning text amendment and conditional use permit to allow a “Homeless and Recovery Resource Center”, to be located at 8055 Industrial Park Road with the Conditions A-J and K being added “no off site parking permitted or trespassing associated with this use” and L that “transportation is to be supervised and managed”, as presented by staff in the draft resolution. Motion unanimously approved. 6. PUBLIC HEARING. Zoning Ordinance Text Amendment to update the Zoning regulations of the City Code. (City File No. 23-33). Chair Kinzel asked for the staff report. Planner Gindel stated a comprehensive ordinance amendment to address several issues within Title 10 Zoning Regulations of the City Code. These updates resulted in revisions to “High Density Residential District” in section 10-3E3; “Neighborhood Commercial District” in section 10-3F-3; “Office Service District” in section 10-3H-1; “Industry Office District” in section 10-3I-1; “PUD Requirements” in section 10-3M-1; “Landscaping Standards” in section 10-4-8, D “Architectural Design Standards” in section 10-4-10; “Off Street Parking” in section 10-5-2, E; and Conditional Use Permit” in section 10-7-4 of the zoning ordinance The primary purpose of the changes is to provide greater flexibility in some areas of the city code, add substantive requirements in other areas and to provide increased clarity of the intent of existing areas of the zoning code. 10/10/2023 Planning and Zoning Commission Meeting Minutes Page 10 Zoning District Amendments Amendments are proposed to the R-3, C-1, OS, and I Districts to remove uses from districts that more appropriately fit in other districts. Changes are proposed to allow manufacturing, assembly, warehouse, and showroom uses as accessory uses in the OS district but not as permitted uses. These uses are a better fit for the city’s industrial districts when principal uses. After evaluating the application OS and R-3 property in the city, Nursing homes and Assisted Living facilities more appropriately fit in the R-3 zoning district with more opportunities for these uses. PUD and CUP Standards Amendments are proposed to the PUD and CUP standards to allow minor amendments administratively, while still requiring the current approval process for amendments that are not considered minor. Renewable Energy Standards City staff is planning to develop a comprehensive renewable energy ordinance. However, in the meantime staff would like to make it clear in the ordinance that the city permits rooftop solar, and e- charging stations in all zoning districts. CD Director added that there are other renewable energy sources such as geothermal that are underground and handled at the time of permitting. In the future staff would like to make a more comprehensive energy amendment to the ordinance. He noted that they have permitted solar and e- charging stations through the building permit process. Commissioner Hiltner asked about wind energy, CD Director Doty stated not at this time, but yes, in the future. He added it will make it easier for staff and to work with the community. Chair Kinzel opened the public hearing. Chair Kinzel closed the public hearing. MOTION by Commissioner Hiltner, seconded by Commissioner Oswald to approve the zoning ordinance text amendment to update the zoning regulations of the City Code as presented by staff in the draft resolution. Motion unanimously approved. UPDATES 7. Demographics Review CD Director Doty stated that he gave a full presentation at Long Range Planning Commission meeting. He reviewed the majority of the review, touched on population. Commissioner Carleton mentioned that she thought the census was off, being it was during Covid. She was going to be a Census taker and decided not to because of Covid. He spoke about the age bracket, income increase, rental/homeownership since the last Census. Commissioner Updates Commissioner Hiltner received a concern from his former employer regarding upcoming projects coming into town on the co-op system. The larger projects require larger transformers, they are not getting the supplies that are needed. They are ordering for 2025 and have only received a third of the 2023 order. He understands the confidentiality of these projects, however they may not get power and it is a big concern and can be a problem. There is only one main person at Crow Wing 10/10/2023 Planning and Zoning Commission Meeting Minutes Page 11 Power they would need to talk to and he is willing to sign a confidentiality agreement. He noted that the prices have also sky skyrocketed right now. CD Director Doty stated that he appreciates this information. He will add this information to the items staff discusses with potential developers. ADJOURN MOTION by Commissioner Carleton, seconded by Commissioner Hiltner to adjourn the meeting at 8:00 p.m. Motion unanimously approved. Approved by: Submitted By: ___________________________ ______________________________ Bob Kinzel Shanna Newman Chair CD Administrative Assistant