Planning and Zoning Commission Meeting

PLANNING AND ZONING COMMISSION MEETING MINUTES Tuesday, December 12, 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. ROLL CALL MEMBERS PRESENT: Commissioners Chuck Hiltner, Gwen Carleton, Howie Oswald and Council Liaison/Mayor Darrel Olson MEMBERS ABSENT: Chair Bob Kinzel and Commissioners Steve Lund STAFF PRESENT: CD Director Josh Doty and Planner Matthew Gindele OTHERS: Craig Vogl, Bella Vu and Larry Kellerman MINUTES 1. Approve the Planning & Zoning Commission Meeting Minutes from November 14, 2023. MOTION by Commissioner Oswald, seconded by Commissioner Carleton to approve the Planning and Zoning Minutes from the November 14, 2023. Motion carried unanimously. Acting Chair Hiltner stated that this Commission is a recommending body, and that final approval/denial is taken with the City Council on December 19, 2023. COMMENTS AND QUESTIONS None OLD BUSINESS NEW BUSINESS 2. PUBLIC HEARING. Conditional Use Permit and a Variance to develop a single-family home on a legally non-conforming riparian shoreland lot that is less than 70 percent of the lot area requirement for property located at 13239 Mile Lake Drive (City File 2023-18). Acting Chair Hiltner asked for the staff report. CD Director Doty stated the applicant is requesting the variance to allow a nonconforming lot that is less than 70% of the minimum lot size to be considered a buildable lot, and a conditional use permit (CUP) develop a single-family home on a legally nonconforming shoreland lot for property located in the RS, Residential Staging district at 13239 Mile Lake Drive. 12/12/2023 Planning and Zoning Commission Meeting Minutes Page 2 CD Director Doty reviewed the site plan with an aerial. He also reviewed the house plans and the driveway access plan. The subject property is zoned RS, Residential Staging and is 3.63 acres in size when the minimum lot size in the RS district is 10 acres making the lot legally non-conforming due to lot area. The property is heavily wooded and is situated on the west east shore of Mile Lake. The property is longer north to south than it is east to west which creates somewhat of a narrow building envelope after all setbacks are accounted for, but still wide enough to situate a home. The property has fair topography as it slopes approximately 15 feet down to the lake but does contain a flat area on top of the slope near the private road providing access to the property. As stated, the property is on Mile Lake and is therefore within the shoreland overlay district. Mile Lake also acts as a FEMA floodplain and a small area of the subject property near the lake is within the floodplain. There does not appear to be any wetlands on the property. The applicant has purchased the subject property with the intent to construct a single-family home on it; single-family homes are a permitted use in the RS, Residential Staging zoning district. The subject property is a nonconforming riparian lot within the shoreland overlay district. The subject property is a lot of record as of the date of the application. The applicant has submitted a survey site plan demonstrating the ability to construct the home so that it will meet all setback requirements including lake setbacks. The lot is only 3.63 acres in size when the minimum lot size is 10 acres (less than 70% of the minimum required lot size); a variance to this requirement is discussed later in this report. All other applicable requirements of this chapter (Chapter 1 of the Zoning Ordinance) can be met provided the conditions in the draft resolution. The lot has adequate access provided to it by a 20-foot-wide private road easement centered on Mile Lake Drive. A condition of approval has been added to the draft resolution requiring that the road access, up to the driveway of the subject property, be maintained with a graded surface at least 20-feet wide, cleared 16-feet high, for emergency vehicle access. Conditions have also been added to the draft resolution relating to ground coverage and erosion control to protect the lake during and after construction, as well as conditions regulating the vegetative coverage between the lake and the proposed home location to mitigate visual impacts from the lake caused by the construction of the home. One of the requirements of the CUP standards is that the lot be a minimum of 70% of the required lot size of the zoning district in which it is located. Seeing as how the subject property is less than 70% of the minimum required lot size in the RS district, the applicant has also requested a variance to this standard. Findings The subject property requires a minimum lot area of 10 acres since it is in the RS zoning district, however, the shoreland overlay district only requires lot area to be a minimum of 20,000 square feet (less than half an acre). If the subject property were zoned R-1 Low Density Residential, which the future land use map guides it as, the minimum lot size would be 20,000 square feet and this variance would not be necessary. For this reason, staff is supportive of the variance request. The Utility Commission reviewed the request at its regular meeting on December 6, 2023, and recommended approval with the condition that the private access drive be graded to have a minimum 20-foot-wide graded surface cleared 16 feet high; this condition has been added to the draft resolution. 12/12/2023 Planning and Zoning Commission Meeting Minutes Page 3 A copy of the application and staff report was sent to the DNR on December 8, 2023. A condition of approval has added to the draft resolution that the applicant consider all DNR recommendations. Staff recommends approval of the conditional use permit and variance, subject to the findings and conditions in the attached resolution. Council Liaison/Mayor Olson asked if the DNR had responded to staff. CD Director Doty indicated that they have not, however in fairness to the DNR the application was sent to them late. CD Director Doty noted staff has been receiving responses lately from them and that there is a condition in the draft resolution ensuring that any DNR recommendations are considered by the applicant. Acting Chair Hiltner asked if the 20 ft. drive surface was for the applicant’s driveway or for the road; CD Director Doty stated that it was for the road. He explained that the applicant has to maintain the road at 20 ft. wide and 16 ft. high to allow for emergency service vehicles. At the time of building permit staff will inspect the road to ensure compliance. CD Director Doty stated that the applicant had to obtain an easement from a property owner to access his property being the road (private road) cuts through the neighbor’s property. Acting Chair Hiltner asked who maintains the private road. CD Director Doty indicated that he was not sure and asked the applicant to approach. Acting Chair Hiltner opened the public hearing. Mr. Craig Vogl 5526 165th Ave. Becker, MN approached the podium, he is the owner/applicant of the property. He stated that the neighbors plow it in the winter and grade it in the summer. There is no official agreement, there are several people with plows. Acting Chair Hiltner asked if there is a setback from the property line to the driveway. CD Director Doty stated that the City has a 5 ft. setback from side and rear property lines to driveways and parking surfaces in low density residential districts. Driveways typically come off of a street perpendicular to it, this is more of a parallel situation, which makes it a unique situation. He added that staff reviewed the site plan to ensure that the driveway meets the required setback from the private road. Commissioner Carleton stated it was a beautiful spot. Mr. Vogl agreed and stated they are excited about this project. Acting Chair Hiltner closed the public hearing. MOTION by Commissioner Carleton, seconded by Commissioner Oswald to approve the conditional use permit and a variance to develop a single-family home on a legally non-conforming riparian shoreland lot that is less than 70 percent of the lot area requirement for property located at 13239 Mile Lake Drive as presented in the draft resolution. Motion unanimously approved. 3. PUBLIC HEARING. Preliminary and Final Plat of Vu Acres for property located at 14941 Inglewood Drive (City file 23-40) Acting Chair Hiltner asked for the staff report. Planner Gindele stated the applicant is requesting approval of a preliminary and final plat to be known as “Vu Acres” for the 2.05-acre property. Specifically, the proposed plat would split the existing lot into two lots. The lot to the north would contain the existing home and the lot to the south would be vacant until a home is constructed. Property ownership has stated the intent to construct a new home on the vacant southerly lot. 12/12/2023 Planning and Zoning Commission Meeting Minutes Page 4 Planner Gindele reviewed the aerial map and preliminary plat with the Commission. The subject property is 2.05 acres in size and is primarily flat with a low depression in the southwest corner that contains a small wetland. The property is wooded with a mix of deciduous and coniferous trees and is not in any shoreland overlay district or in a FEMA flood zone. The existing lot is currently developed with a house and a few small sheds. The proposed plat would create a northerly lot that would contain the house, the driveway, and a shed; while the southerly lot would be vacant except for an existing shed and a portion of the existing driveway. The City does not allow accessory structures on vacant lots and requires a minimum of a 10-foot side yard setback to all structures and a 5-foot setback to driveways. A condition of approval has been added to the draft resolution that the shed on the proposed southerly lot be removed or for a permit to be pulled to construct a home on the southerly lot, and the driveway be cut off to meet a 5-foot setback from the new side lot line prior to recording the plat. The Utility Commission reviewed the application at its regular meeting on December 6, 2023 as follows: The proposed lots will each have a sewer and water service adjacent to their property. The property has experienced issues with high ground water in the past, a condition included in the staff recommendation includes reference to City Code “9-1-5: Elevation:” requiring a structure to meet the 3-foot separation requirements to periodically saturated soils and 100-year storm elevation. The vacant lot will likely require fill to meet the separation requirements as outlined in section 9-1-5 of City Code. When adding fill to the lot, they will not be allowed to drain stormwater to adjacent properties, this is listed in state statute. The plat includes the additional 7 feet of right of way that is required by City Code “11-4-2: STREETS:”, this is consistent with the adjacent properties to the north and south. The Utility Commission recommended approval of the preliminary and final plat with the following conditions: 1) Future building structures will be required to meet the 3-foot separation to periodically saturated soils and 100-year storm elevation per City Code 9-1-5. 2) As Lot 2 develops, no increase in stormwater drainage is allowed to drain onto adjacent property. The subject property is zoned R-1, Low Density Residential. The R-1, Low Density Residential zoning district requires a minimum lot area of 15,000 sq. ft., a minimum lot width of 100 feet for interior lots and 120 feet for corner lots, and that all lots abut on a public street. Staff finds that the proposed plat would create two conforming lots that are greater than 15,000 sq. ft., greater than 100 feet wide and abut a public street, meeting the minimum requirements of the R-1, Low Density Residential district. Staff finds that both of the proposed lots are accessible from the existing road network (Inglewood Drive). Inglewood Drive is classified as a Major Collector street in the Comprehensive Plan which requires a minimum road right-of-way width of 80 feet. The applicant is proposing to dedicate an additional 7 feet of right-of-way on the west side of Inglewood Drive to bring the total width up to 80 feet wide. 12/12/2023 Planning and Zoning Commission Meeting Minutes Page 5 The subject property has not been previously platted meaning park dedication has never been paid on it. However, the property already has an existing home on it and the City does not charge park dedication for property that has already been developed. The plat creates one additional vacant lot on which park dedication will be required. A condition of approval has been added to the draft resolution requiring that park dedication be paid for one new lot prior to recording the plat. Staff recommends approval of the preliminary and final plat of “Vu Acres”, subject to the findings and conditions in the attached draft resolution. Acting Chair Hiltner asked about the wetland setback. Planner Gindele stated Baxter does not have a setback from wetlands. He asked for clarification on the 3 ft. separation, Planner Gindele explained the process of testing for mottled soil. CD Director Doty added that the proposed house would most likely be a slab on grade and that additional fill may need to be brought in to meet the 3 ft. separation requirement. Acting Chair Hiltner noted that there is high water in that area, he witnessed 6 inches of water in the basement of the corner house and that house is a split. Commission and staff agreed it would most likely have to be a slab on grade home. Acting Chair Hiltner had some concern with raising the lot 3ft. as it may have impact on the neighbors. Planner Gindele reminded the Commission that there is a condition in the resolution stating that no increase in stormwater drainage is allowed to drain onto adjacent property. Acting Chair Hiltner asked if it was allowed to drain into the wetland; Planner Gindele stated that it is. Acting Chair Hiltner opened and closed the public hearing as no one in the audience wanting to speak. MOTION by Commissioner Oswald, seconded by Commissioner Carleton to approve the preliminary and final plat of Vu Acres for property located at 14941 Inglewood Drive as presented in the draft resolution. Motion unanimously approved. 4. PUBLIC HEARING. Preliminary and Final Plat of Twelfth Addition to Forestview on the River for property located at 11809 River Vista Drive and the vacant lot to the east (City file 23-42) Acting Chair Hiltner asked for the staff report. Planner Gindele stated the applicant (City of Baxter) is requesting approval of a preliminary and final plat to be known as “Twelfth Addition to Forestview on the River”. Specifically, the proposed plat would reconfigure the two involved lots into one lot- and-block lot with a home and one vacant outlot. The vacant outlot is needed by the City for a sanitary sewer lift station associated with the second phase of the Forestview water/sewer extension project scheduled for 2024. Planner Gindele reviewed an aerial of the property with the Commission. He reviewed the preliminary and final plat. The subject property is 1.46 acres in size and is primarily flat but does slope upward slightly to a high spot in the middle of the property where the house is. The property is wooded with a mix of deciduous and coniferous trees and is not in any shoreland overlay district or in a FEMA flood zone. The Utility Commission reviewed the plat at its regular meeting and recommends approval according to the following: The plat ties in with the 2024 South Forestview Area Improvements Project. This Plat includes two existing lots owned by Jon and April Slipy. The Slipy’s have a parcel with a home and a second vacant 12/12/2023 Planning and Zoning Commission Meeting Minutes Page 6 parcel that is adjacent to the home. The City of Baxter, as part of the 2024 South Forestview Area Improvements project, was seeking property for a lift station. The Slipy’s have agreed to sell a portion of this property to the city. As part of the transaction, the property is being platted to split off a portion of the property to be an outlot in a corner of the secondary parcel. The remainder of this parcel will be tied to the existing parcel with the home and become a single lot. The plat vacates all existing drainage and utility easements and rededicates a 15-foot drainage and utility easement adjacent to roadways and 5-foot along rear and side lot lines on the new lot lines. This is consistent with the existing plat. The plat does not dedicate the additional 7 feet of road right- of-way per City Code “11-4-2: STREETS:” for Local Streets. There are no trails proposed in this area and the large drainage and utility easement provides adequate room for private utility companies to install their infrastructure, Public Works Director/City Engineer Walter is recommending to not require the additional 7 feet of right-of-way as per City Code: 11-4-2: STREETS:. The subject property is zoned R-1, Low Density Residential. The R-1, Low Density Residential zoning district requires a minimum lot area of 15,000 sq. ft., a minimum lot width of 100 feet for interior lots and 120 feet for corner lots, and that all lots abut on a public street. Staff finds that the proposed plat would create one lot & block lot with the existing home that conforms to the design and area standards. The outlot conforms to the width standards but not to the lot area standard. Staff finds that the outlot size and width are not required to conform to the strict letter of the ordinance since outlots are inherently non-buildable and it is owned and controlled by the city and serves an essential services function for a city water and sewer extension project. Staff finds that both of the proposed lots are accessible from the existing road network (River Vista Drive). River Vista Drive is classified as a local street in the Comprehensive Plan which requires a minimum road right-of-way width of 80 feet. The Utility Commission has recommended additional right-of-way is not needed in this area and that the plat be approved without the additional 7 feet of right-of-way being dedicated to widen the existing right-of-way toward the 80 feet required. The two resulting lots either contain a home or are platted as an outlot; therefore, no park dedication is required with this plat. Staff recommends approval of the preliminary and final plat of “Twelfth Addition to Forestview on the River”, subject to the findings and conditions in the attached resolution. Commissioner Oswald asked if this is going to be city property; Planner Gindele indicated that the City will purchase the outlot. Commissioner Carleton asked if the owners of the home will retain the balance of the property less the outlot; Planner Gindele indicated that is correct. Council Liaison/Mayor Olson gave the background on the reasoning for the location of the outlot. Acting Chair Hiltner asked if there was going to be grading on the outlot and how it would affect the other lot. CD Director Doty indicated that staff would ensure the grading will not affect the other lot. Acting Chair Hiltner asked if the hoop shed was addressed. CD Director Doty stated the hoop shed was addressed with city council and it will eventually go away. Acting Chair opened and closed the public hearing with no one in the audience to speak. MOTION by Commissioner Carleton, seconded by Commissioner Oswald to approve the preliminary and final plat of Twelfth Addition to Forestview on the River for property located at 11809 River Vista 12/12/2023 Planning and Zoning Commission Meeting Minutes Page 7 Drive and the vacant lot to the east as presented in the draft resolution. Motion unanimously approved. UPDATES None ADJOURN MOTION by Commissioner Oswald, seconded by Commissioner Carleton to adjourn the meeting at 6:35 p.m. Motion unanimously approved. Approved by: Submitted By: ___________________________ ______________________________ Chuck Hiltner Shanna Newman Acting Chair CD Administrative Assistant