Planning and Zoning Commission Meeting

PLANNING AND ZONING COMMISSION MEETING MINUTES Tuesday, February 13, 2024 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 6:00 pm. ROLL CALL MEMBERS PRESENT: Commissioners Chuck Hiltner, Gwen Carleton, Larry Kellerman and Council Liaison/Mayor Darrel Olson MEMBERS ABSENT: Chair Bob Kinzel and Commissioner Howie Oswald STAFF PRESENT: CD Director Josh Doty and Planner Matthew Gindele OTHERS: Scott Kvamme, Thomas Rients and Andy Hayes MINUTES 1. Approve the Planning & Zoning Commission Meeting Minutes from December 12, 2023 MOTION by Commissioner Carleton, seconded by Commissioner Kellerman to approve the Planning and Zoning Minutes from the December 12, 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 February 20, 2024. COMMENTS AND QUESTIONS None OLD BUSINESS None NEW BUSINESS 2. PUBLIC HEARING. Planned Unit Development Amendment to allow a second free-standing sign at the EkoMarkt located at 15616 Edgewood Drive (City file 24-04) Acting Chair Hiltner asked for the staff report. Planner Gindele stated the applicant is requesting approval of a PUD (Planned Unit Development) Amendment to allow for the placement of a second free-standing sign when the ordinance only allows for one free-standing sign, for property located at 15616 Edgewood Drive. 2/13/2024 Planning and Zoning Commission Meeting Minutes Page 2 Planner Gindele reviewed the aerial 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 application requests that a 7-foot-tall entrance monument sign be allowed to be placed in the northwest corner of the subject property just south of the entrance off Edgewood Drive. The sign is needed to help direct customer traffic into the site as there is currently no sign on Edgewood Drive indicating what the development is. The proposed sign is 18.42 sq. ft. in size and would meet the minimum 10-foot setback from the property line. The proposed sign design uses upgraded architecture that incorporates architectural features from the building to create a professional look that ties the proposed sign in with the rest of the existing development. Planner Gindele reviewed the proposed sign aesthetics, location and materials with the Commission. When the subject property was rezoned to PUD in 2019 a master sign plan was approved that allowed the property to have a single freestanding sign that is 33.5 feet tall and 565 sq. ft. in area along HWY 371. It should be noted that 565 sq. ft. area is a bit deceiving due to the nature of the sign. The ordinance states sign area shall only include one side of a double-faced sign only if the two faces are 24” apart or less. Since the existing sign is greater than 24” between the faces, both sides of the sign count toward the sign area, as well as the space between faces. So, the area of one face of the existing sign is 250 sq. ft., but since the faces are greater than 24” apart, both faces count toward the sign area, as well as the space between faces. With this application, the applicant is requesting 18.42 sq. ft. of additional freestanding sign area. This would be a new freestanding monument sign that would be placed on the Edgewood Drive access to the subject property. Planner Gindele stated staff recommends approval of the application subject to the conditions and findings in the draft ordinance and resolution. Acting Chair Hiltner asked the Commission if they had any questions, they did not at that point. Acting Chair Hiltner stated he had a little concern over the height and traffic being able to see around the sign. He asked if it was known the size/height of the other signs located north (Baxter Village) of the proposed sign, Planner Gindele was not sure of the size/height of those signs. Planner Gindele did note that the signs appear shorter. Acting Chair Hiltner stated that there is a stake out where it looks like the proposed sign is going, it looked kind of tight in that location. Planner Gindele noted that the plan set indicates that the sign is going to meet setbacks, this will also be confirmed at the time of building permit. CD Director Doty added that there is city right of way prior to the 10-foot setback, so vehicles will actually be forward of the sign as they turn onto Edgewood Drive. Acting Chair Hiltner opened the public hearing. Mr. Scott Kvamme of Indigo Signs, approached the podium. He indicated they were hired by Mrs. Jenni Foss to apply for the permit and construct the sign. He stated that he had measured the Baxter Village signs and they were roughly 5.5 feet tall versus the 7 feet that they are proposing. Those signs are a little wider than what they are proposing, however are similar in square footage. Acting Chair 2/13/2024 Planning and Zoning Commission Meeting Minutes Page 3 Hiltner asked about the lighting of the sign. Mr. Kvamme stated that currently the letters are internally lite, however Mrs. Foss has proposed the sign be lit from the ground. However, she hasn’t signed the proposed change yet. Acting Chair Hiltner stated that he doesn’t really care for exterior lighting, as once the snow falls the lighting is gone. Mr. Kvamme then explained how the sign is being built/constructed to the Commission. Acting Chair Hiltner noted that he used to work for the power company and stated that there is a 3 phase power line buried in the vicinity of the proposed sign. Mr. Kvamme explained how the sign company will drill the footing if utilities are found to be in the location of the sign. He also thanked the staff for their assistance. Acting Chair Hiltner closed the public hearing. MOTION by Commissioner Kellerman, seconded by Commissioner Carleton to approve a Planned Unit Development Amendment to allow a second free-standing sign at the EkoMarkt located at 15616 Edgewood Drive as presented by staff in the draft resolution. Motion unanimously approved. Acting Chair Hiltner stated the City Council will meet on February 20, 2024, at 7:00 pm. The applicant asked about the approval procedure with the City Council. CD Director Doty stated that if this Commission has no concerns with the application, then the item is placed on the consent agenda and is approved in the first 10-15 minutes of the meeting, if there are no concerns by the Council. 3. PUBLIC HEARING. Zoning Ordinance Text Amendment to amend the City’s Architectural Ordinance. (City file no. 24-07) Acting Chair Hiltner asked for the staff report. Planner Gindele stated the City of Baxter (applicant) is requesting a Zoning Ordinance Text Amendment to amend the City’s architectural ordinance to delete a provision that automatically adds new siding materials to the approved materials list in the architectural standards ordinance when said materials are proposed and approved for use on a case- by-case basis. Planner Gindele explained the different materials allowed in different districts. Currently horizontal lap-siding is not allowed in the commercial districts as it is considered more of a residential material. Planner Gindele reviewed the purpose of the Architectural Ordinance with the Commission. The ordinance currently states that materials not specifically listed for approved use in a particular zoning district may be reviewed and approved by the City if the proposed material meets the standards outlined in the Code. It then goes on to say that when such materials are approved by the City Council, those materials automatically become permitted materials within the district in which they were approved. The ordinance amendment is requested to eliminate the automatic addition of other materials to the permitted materials list when they’ve been reviewed and approved by the City Council. This clause was added to the architectural ordinance at a time when the City had an Architectural Review Committee and when the City was receiving a high amount of requests to use materials that were new to the market. Since then, the City has disbanded the Architectural Review Committee and amended the architectural standards ordinance to fundamentally change the way these types of materials are reviewed and approved. Additionally, the City has not been receiving the high volume of requests to use materials that are new to the market that the City had been receiving when this provision was adopted. 2/13/2024 Planning and Zoning Commission Meeting Minutes Page 4 In the past, materials not listed as permitted would not have required a variance if they met the standards set forth in the ordinance, and they would have automatically been added to the permitted materials list for that district once approved by the City Council. Since the Arch. Committee was disbanded and the ordinance was amended, this provision is no longer needed since other materials are now required to receive a variance or an ordinance amendment to allow them. If this provision were to remain in ordinance, materials that receive variances for use would automatically be added to the permitted materials list in that zoning district. Planner Gindele stated staff recommends approval of the draft zoning ordinance and findings of fact resolution. CD Director Doty added that when the Architectural Commission was active there were a lot of different materials that were new to the market and the Commission helped build a good list of materials, to the point that the Commission was no longer needed. At that point the verbiage should have been changed to a case-by-case basis. He noted the next application is a result of this change needing to be addressed in the code. Acting Chair Hiltner opened the public hearing, there was no one to speak regarding this item, Acting Chair Hiltner closed the public hearing. MOTION by Commissioner Carleton, seconded by Commissioner Kellerman to approve a Zoning Ordinance Text Amendment to amend the City’s Architectural Ordinance as presented by staff in the draft resolution. Motion unanimously approved. 4. PUBLIC HEARING. Variances to the City’s Architectural Design Standards and to the setback requirements for property located at 15244 State Highway 371 (City file 24-06) Acting Chair Hiltner asked for the staff report. Planner Gindele stated the applicant is requesting variances to allow metal LAP siding in the C-2, Regional Commercial zoning district and to allow a reduced setback from Dellwood Drive to a trash enclosure. Planner Gindele reviewed an aerial view of the location and surrounding areas. The subject property has little to no topography and is approximately .5 acres in size. The property has a mostly open yard around the principal structure with a presence of mature coniferous trees along the Dellwood street frontage. There are no wetlands or floodplains on the lot, and it is not within any shoreland district. The applicant states that the siding needs to be replaced due to vehicular damage to the siding on the structure. The structure is currently sided with vinyl lap siding which is not an allowed siding material in the C-2, Regional Commercial zoning district. Lap siding is not allowed in the C-2, Regional Commercial district because the City wanted to require upgraded commercial architectural siding materials for an enhanced look to the commercial district that stands out from the office and residential zoning districts. Lap siding is generally used on residential applications. The applicant is proposing to reside the entire structure with an upgraded steel lap siding that would be close in appearance to the siding currently on the building; the architectural ordinance does not allow for any lap siding in the C-2, Regional Commercial zoning district. The architectural ordinance states that “No more than one-third (1/3) of a non-conforming siding material on any existing facade may be replaced within any one-year period. If more than one-third (1/3) of a nonconforming siding material 2/13/2024 Planning and Zoning Commission Meeting Minutes Page 5 on any facade is replaced within any one-year period, then that facade shall no longer be exempt from this section. Any other facades that have not had such repair shall remain exempt as a nonconforming use.” The applicant has stated that they could just reside the portion of the wall that was damaged and stay under the 1/3 requirements but that the siding would not be an exact match to the existing siding and would look tacky. Instead, the applicant is proposing to reside the entire building along with a few other architectural alterations that are outside the purview of this application. The applicant is requesting a variance to be allowed to use 28-gauge steel lap siding in the C-2, Regional Commercial district. Planner Gindele stated the siding material proposed would be Earth-tone in compliance with the architectural ordinance and would be embossed with a wood grain pattern. Additionally, the contractor that the applicant is working with is able to install the steel lap siding without any seams that could compromise the appearance of the structure after the siding is installed. The surrounding area is commercial and uses commercial siding materials, however, the subject property is sided with lap siding and has been for many years. A condition of approval has been added to the draft resolution requiring that the color of the siding complies with the architectural ordinance. Staff finds that the existing structure was designed with residential architecture and therefore finds that the proposed material is appropriate and supports the use of residential lap siding on this structure. The proposed material is 28-gauge steel lap siding that is an upgrade from the vinyl siding currently on the building. The applicant is also requesting a variance to allow a trash enclosure to be within the required 35- foot setback from Dellwood Drive, approximately 5 feet from the property line along Dellwood Drive. The property currently has a dumpster in the location proposed for the trash enclosure that is unscreened and unsightly and the applicant would like to construct a trash enclosure to screen it. The applicant is proposing to construct the enclosure with a 6-foot-tall vinyl fence. Staff findings are due to the triangular shape of the property, and the fact that it is bordered by roads/rights-of-way on three sides, there is no reasonable location on the property to place the trash enclosure so that it meets setback requirements. For this reason, staff supports the setback variance request to allow the trash enclosure within the setback to Dellwood Drive. A condition of approval has been added to the draft resolution that the color of the trash enclosure match the color of the principal structure as required by ordinance. Staff recommends approval of the variances, subject to the findings and conditions in the draft resolution. Commissioner Kellerman asked if the trash enclosure was going to be 3 or 4 sided. Planner Gindele indicated that it will be 4 sided with a secure gate. There were questions regarding a culvert, a person was speaking from the audience. CD Director Doty pulled up the drainage system and the water does drain into a culvert that passes under Dellwood Drive, however, the culvert is in the right- of-way out of the way of the proposed trash enclosure. Acting Chair Hiltner opened the public hearing. Mr. Andy Hayes of Positive Realty explained the trailer accident and the damage to a vehicle in the parking lot and to the building. He noted the rough repair he made to get the damage covered up. Mr. Hayes believes that the building was a Dynamic Home that was moved to that location. It has been there for many years. He noted the building has been referred to as the “big white building on 371”. They plan on removing the pillars that are in need of replacement and updating the exterior 2/13/2024 Planning and Zoning Commission Meeting Minutes Page 6 with a more modern feel. The dumpster issue is on Monday morning when the dumpster is over following with garage from BIR and people camping. Positive Realty doesn’t use it very often, sometimes their customers need to use it. Mr. Hayes noted that the report called out a vinyl fence, it will actually be the same material as the building. Acting Chair Hiltner asked about the trash enclosure being locked, how would Waste Partners access the lock. Mr. Hayes indicated that Waste Partners has a master key for all of the dumpsters. Acting Chair Hiltner asked about the height of the enclosure, it was 6 ft. and is within the allowed code height. Acting Chair Hiltner closed the public hearing. MOTION by Commissioner Carleton, seconded by Commissioner Kellerman to approve variances to the City’s Architectural Design Standards and to the setback requirements for property located at 15244 State Highway 371 as presented by staff in the draft resolution. Motion unanimously approved. 5. Public Hearing. Conditional Use Permit for forestland conversion to allow tree clearing on property located at the southeast corner of Dellwood Drive and Novotny Road (City file 24-05) Acting Chair Hiltner asked for the staff report. CD Director Doty stated the applicant has requested approval of a conditional use permit for forestland conversion to allow tree clearing on property located at the southeast corner of Dellwood Drive and Novotny Road. The applicant is requesting the tree clearing to complete wetland fill, which was approved for the property. While there are no current active applications to develop the property, the wetland fill will prepare the site for future commercial development. CD Director Doty reviewed the aerial of the proposed forestland conversion and surrounding locations. He reviewed the wetland area being allowed to be filled, which was approved by Crow Wing County. He also reviewed the tree areas and the need to put a temporary access in to allow for fill and tree removal. This is being done to prepare the site for future development. The site has approximately four feet of elevation change across the entire 12-acre property. The middle portion of the property includes a large wetland. The owner has approval to fill the central and east portions of the wetland, leaving a wetland basin on the west portion of the site along State Highway 371. The site includes natural forest, except for some portions of the wetland. The site does not include any floodplain and the site is not located in a shoreland overlay district. CD Director Doty reviewed the definition of Forestland Conversion and the standards from the ordinance with the Commission. The Utility Commission reviewed the application on February 8, 2024, and recommended approval of the Forest Land Conversion Conditional Use Permit, subject to the following conditions: 1. The developer is required to submit a Grading Permit prior to filling the wetland. 2. The NPDES Construction Stormwater Permit must be in place prior to the City issuing a Grading Permit. CD Director Doty noted that the application was sent to MnDOT and to date staff has not heard anything regarding this application. There is a condition in the resolution regarding MnDOT and any conditions they may have. 2/13/2024 Planning and Zoning Commission Meeting Minutes Page 7 The applicant is proposing to clearcut the central and east portions of the property to allow the approved wetland fill for future commercial development. The applicant is proposing to leave approximately half of the property forested and is proposing to leave trees in areas adjacent to neighboring buildings, except for the frontage along Dellwood to be cleared to the right-of-way and an access strip of trees cut to State Highway 371. Staff recommends approval of the conditional use permit for forestland conversion to allow tree clearing on property located at the southeast corner of Dellwood Drive and Novotny Road, subject to the findings and conditions in the attached resolution. Commissioner Kellerman asked for some history of the wetland. CD Director Doty gave the history of how the detailed process takes place based on the wetland conservation act. Commissioner Kellerman asked where all of the wetland that is being removed will be replaced. Mr. Thomas Rients of Widseth approached the podium at CD Director Doty’s request. Mr. Rients replied there were wetland credits that were bought. Basically, the applicant is paying reconstruct the wetlands elsewhere. CD Director doty explained the credits and the replacement of a wetland elsewhere, he was unsure of the where the wetland would be replaced at, if it was in Baxter, Crow Wing County, or somewhere else in the State. Commissioner Carleton stated she thought it could be anywhere in the state. Acting Chair Hiltner asked about the silt fencing that is going up, who manages those fencing. CD Director Doty indicated that city staff will confirm the silt fence gets installed and is properly maintained throughout the project. He added that being an MS4 city, the city can be fined if sediment is leaving the location. Acting Chair Hiltner asked if more trees will need to be removed if and when it gets developed. CD Director Doty indicated that additional trees may come down at time of development with a building permit. Acting Chair Hiltner asked if there was a tree buffer zone from Hwy 371. CD Director Doty noted there was not a tree buffer along 371, however when development comes in city staff tries to work with applicants to save trees. Stumps will be removed as well. Commissioner Carleton asked how far down they will have to go to remove the silt from the wetland. Mr. Rients indicated there were borings done and it was roughly 1.5 feet down. The wetland delineator stated he was about a foot down when they hit sand. Commissioner Carleton asked about cutting the access drive in from SW corner of the property on 371; she asked if there really a service drive there currently. CD Director Doty indicated on the aerial photo that it is a service drive that is public. She remembers General Rental being upset about people using the service drive. He wasn’t sure if there were easements in place. Andy Hayes, speaking from audience, said that the access drive goes from and across the Positive Realty, across the General rental property, and into the subject Tanner property, all along Hwy 371 frontage before it accesses HWY 371 but wasn’t sure if there was an easement. There was discussion regarding how access would work from Dellwood and 371. CD Director Doty stated the property owners and MnDOT would have those discussions. Acting Chair Hiltner opened the public hearing. Acting Chair Hiltner closed the public hearing. MOTION by Commissioner Carleton, seconded by Commissioner Kellerman to approve a conditional use permit to allow a forestland conversion to allow tree clearing on property located at the 2/13/2024 Planning and Zoning Commission Meeting Minutes Page 8 southeast corner of Dellwood Drive and Novotny Road as presented by staff with findings and conditions in the draft resolution. Motion unanimously approved. UPDATES Acting Chair Hiltner asked staff if there were any projects that could be discussed. CD Directory Doty informed the Commission of the new tenants in the Grizzley Center, Nautical Bowls and Sugar Goddess Hair Removal. A nutrition store is going into the strip mall with Jersey Mike’s next to them. He also informed them of the second location of Coco Moon in the Westport Mall near Pizza Hut. Commissioner Kellerman noted that his wife said how busy the furniture store was and two days later the signs were down, he learned they moved over to the Jimmy John’s building, filling that strip mall. CD Director Doty indicated that there is a lot of proposed construction for this year, and it is going to be busy. Commissioner Kellerman asked about the former Gander Mountain site, CD Director Doty stated there are a lot of rumors out there, however no official meetings with the city have taken place or been requested. ADJOURN MOTION by Commissioner Hiltner, seconded by Commissioner Oswald to adjourn the meeting at 7:05 p.m. Motion unanimously approved. Approved by: Submitted By: ___________________________ ______________________________ Chuck Hiltner Shanna Newman Acting Chair CD Administrative Assistant