Planning and Zoning Commission Meeting

PLANNING AND ZONING COMMISSION MEETING MINUTES Tuesday, April 09, 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, Howie Oswald, Larry Kellerman and Council Liaison/Mayor Darrel Olson MEMBERS ABSENT: Chair Bob Kinzel STAFF PRESENT: CD Director Josh Doty and Planner Matthew Gindele OTHERS: Curtis Sanow, Sheila Haverkamp, Gene Haverkamp, Nick Haverkamp, and Troy Miller MINUTES 1. Approve the Planning & Zoning Commission Meeting Minutes from March 12, 2024 MOTION by Commissioner Kellerman seconded by Commissioner Oswald to approve the Planning and Zoning Minutes from the March 12, 2024. 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 April 16, 2024. COMMENTS AND QUESTIONS None OLD BUSINESS None NEW BUSINESS 2. PUBLIC HEARING. Rezoning from RS to R-1 and Preliminary and Final Plat of “Haverkamp Addition to Baxter” for property located west of Cedar Scenic Road and north of Moburg Lake (City file 24-11) Acting Chair Hiltner asked for the staff report. The applicants are requesting approval of a rezoning from RS to R-1 to allow development of one urban single-family lot and a preliminary and final plat to create one lot and one outlot to be known as “Haverkamp Addition to Baxter” for the 54.3-acre area. 4/9/2024 Planning and Zoning Commission Meeting Minutes Page 2 Specifically, the proposed plat would re-plat an 18 lot and two outlot CIC plat/development plan from 2003 that never moved forward into one outlot and one developable single-family lot. CD Director Doty reviewed the aerial of the subject site. He also reviewed the preliminary and final plat which would create one big outlot and one R-1 lot for a single-family home. He noted the previous plat from 2003 and will go away with the new plat. CD Director Doty reviewed the topography with the Commission. He also reviewed the RS District verses R-1 District. Staff finds that both the RS and R-1 Zoning Districts are appropriate zoning districts for properties guided as Low Density Residential in the Future Land Use Plan. The Utility Commission reviewed the application at their regular meeting on April 3, 2024, and recommends approval of the Preliminary and Final Plat for Haverkamp Addition to Baxter and Rezoning application. The applicants are requesting a rezoning to amend the City’s Zoning Map from R-S, Residential Staging to R-1, Low Density Residential for one lot within the 54.3-acre property. The remainder of the property would keep the R-S zoning and would be platted into an outlot. The proposed R-1 lot is on the east side of the site and would be designed to access existing utilities on Cedar Scenic Road, with private driveway access to Cedar Scenic Road. 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. The proposed plat would create one lot that is approximately 19,694 square feet and 109 feet wide along Cedar Scenic Road, which meets these requirements. The remaining property would be platted into one outlot, which is unbuildable until it is re-platted in the future. The subject plat includes the dedication of approximately 41 feet of Right-of-way along Cedar Scenic Road near the City’s Lift Station, south of the proposed urban single-family lot. Staff notes that an additional dedication of 7-feet of right-of-way is required for the frontage of the proposed single- family lot to allow future transition to an 80-foot right-of-way corridor. Staff has added a condition to the approving resolution requiring the right-of-way dedication. The plat includes dedication of right of way south of the proposed R-1 lot. The applicant also provided a road profile (attached) for future road access off Cedar Scenic. Due to the topography of the property, the road profile was to evaluate if a future street could be constructed in this location. Staff notes that no street construction or development using a public street is proposed with the subject plat. Therefore, a formal review of the street has not occurred with this application. However, given the plat signals a possible future street access, staff has added a condition to the resolution that if a public street is proposed from Cedar Scenic south of the single family lot, that a traffic study will be required to evaluate the slopes of the public street and to evaluate the design of proposing another street access in the location of a right angle street corner of Cedar Scenic Road. City records show that park dedication was previously paid for the subject property when it was initially platted. Therefore, no new park dedication fees are required. CD Director Doty noted that the DNR was contacted and no response was received to date. 4/9/2024 Planning and Zoning Commission Meeting Minutes Page 3 Staff recommends approval of the preliminary and final plat of “Haverkamp Addition to Baxter”, subject to the findings and conditions in the attached resolution. Commissioner Carleton noted that the sharp turn is going to be tricky, CD Director Doty noted that staff hasn’t seen plans for the house build yet, so there is not knowledge of where the driveway would be placed, more north would be better, if possible. Commissioner Carleton asked how close the house is to the north of the proposed house. CD Director Doty showed on an aerial where the house to the north is located and the lift station location. Acting Chair Hiltner asked if there was any impact or setback from Whipple Lake. CD Director Doty stated that there is an ordinary high-water distance from the lake. With the road in between, the lot will meet the setback and will only require a 40 foot setback. Acting Chair Hiltner opened the public hearing. Mr. Curtis Sanow with Widseth approached the podium. He spoke regarding the driveway, noting that is was going to be coming off of the south side of the lot and then head east through the ROW being platted for the future road extension to connect to Cedar Scenic Road. For future development the road will come off the north side of the lift station. The driveway will become a portion of the road, therefore the house will not come off of Cedar Scenic. CD Director Doty noted that at the time of plating staff does not know where the driveway will be place, at the building permit stage is when the driveway and grade will be looked at by staff. Commissioner Hiltner asked about utilities for the proposed home. CD Director Doty showed on the aerial where the utilities were located. Mrs. Shiela Haverkamp approached and indicated that the land is her son’s property. They have worked with Widseth and City staff to make sure all the ordinances and codes have been met. They have a vision for the property. She noted that the driveway will be the start of the new road. The road will not be up to city standards at first since it would function as a driveway for a single-family home, however in the future it would become a public street and would be constructed to the appropriate standard at that time. The applicant would like the City to maintain the road in the future once it is constructed and turned over to the City. She indicated at this time her son’s family would like to use the land for hunting and recreation. Once they are ready to start developing then the road would be expanded. Acting Chair Hiltner asked if staff has seen the road layout, CD Director Doty indicated that staff has seen the public road layout. He indicated the road will have an 80-foot- wide corridor with right of way standards. Mrs. Haverkamp shared that her son works for a national company and the technology of these days allow him to work from his home in Baxter, it amazes her. Troy Miller (4257 Cedar Scenic Road) approached the Commission. He just wanted to know what the owners of this property were proposing to do. He was fine with one house instead of 10 neighbors. Acting Chair Hiltner closed the public hearing MOTION by Commissioner Oswald, seconded by Commissioner Carleton to approve the rezoning from RS to R-1 and preliminary and final plat of “Haverkamp Addition to Baxter” for property located 4/9/2024 Planning and Zoning Commission Meeting Minutes Page 4 west of Cedar Scenic Road and north of Moburg Lake as presented by staff in the draft resolution. Motion unanimously approved. 3. PUBLIC HEARING. Preliminary and Final Plat of “Fiberhood” for property located on the north side of Maryland Road and Forestview Drive near the intersection with Medford Road (City file 24-12) 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 “Fiberhood” to create ten lots and four outlots for the 35.1-acre area. Specifically, the proposed plat would re-plat an existing lot and two existing outlots into ten buildable residential lots and four non-buildable outlots. The outlots are intended for future development of residential lots. The plat also dedicates rights-of-way for a future road network to provide public road access to the outlots. Planner Gindele reviewed the aerial, preliminary and final plat with the Commission. He reviewed the potential development plan and that there are no through lots involved. Outlots A, B, C, D are all potential development in the future. All subdivision regulations are being met. Planner Gindele gave background. The City is planning to extend water and sewer to the south Forestview neighborhood in 2024 which will bring water and sewer services to the subject property at which time it will be ready for development with city utilities. The applicant (CTC) is proposing to plat lots along the Forestview Road frontage that will be serviced with the city water and sewer after the extension is completed in 2024. No mass tree clearing or mass grading is proposed with this plat; only the proposed Fiber Drive ROW will be cleared and graded in conjunction with the city utility extension project to provide for the extension of water, sewer and street. Clearing and grading for the development will occur on a lot by lot basis at the time of building permit review/issuance for homes to be constructed. The subject property is 35.1 acres in size and has moderate topography that slopes slightly downward toward the south and east portions of the property. The site is not located in any shoreland overlay district and does not contain any wetlands or FEMA floodplain. The site is heavily wooded primarily with mature coniferous trees. Planner Gindele stated that the ordinance requires blocks to be so designated as to provide two (2) tiers of lots unless it adjoins a railroad, is along waterfront, is along an arterial as a backage road, or is along the boundary of the proposed plat, where it may have a single tier of lots. The purpose of this provision is so that lots are not created with a double road frontage where a lot would have road frontage on the front and the rear lot lines, known as through lots. The proposed plat creates blocks meeting this provision thus avoiding any through lot scenarios. 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. The proposed plat would reconfigure the two existing outlots and one lot into ten buildable lots and four outlots. The ten proposed buildable lots would all be greater than 20,000 square feet in area and all meet the minimum lot width requirement and have frontage on a public street. The outlots are not held to the same standard as they are non-buildable and are reserved for future development at which time they will be reviewed for compliance with these standards. The proposed plat dedicates right-of-way throughout the subject property setting up the proposed outlots for future development; although, only a portion of the proposed Fiber Drive right-of-way is proposed to be constructed at this time to provide access to proposed Lots 1 and 2, Block 1. The rest 4/9/2024 Planning and Zoning Commission Meeting Minutes Page 5 of the streets proposed in the plat would be constructed at time of future development of said Outlots. The subdivision ordinance requires that local streets have a dedicated right-of-way that is a minimum of 80 feet wide; the proposed rights-of-way on the plat are all set at 80 feet wide meeting this requirement. The Public Works Department in conjunction with the Utilities Commission have reviewed the street design against the standards of the ordinance and are recommending approval. Planner Gindele stated that the proposed plat includes the standard drainage & utility (D&U) easement inset which dedicates 5-foot wide D&U easements on interior lot line and 10-foot wide D&U easements along exterior lot lines fronting on a street, in compliance with city standards. The subdivision ordinance states that the natural drainage shall be used as far as is feasible for the storage and flow of stormwater runoff and that every lot shall be developed so that it retains the stormwater runoff of a 100- year rain event as determined in a 100-year stormwater elevation study if said lot is not served by storm sewer or some other city-maintained stormwater drainage system. If a lot is served by some city maintained stormwater drainage system it shall retain the stormwater runoff of a 5-year rain event. The proposed plat does not include any clear-cutting of trees or any mass grading for drainage and stormwater ponding. Rather, it uses the natural drainage of the land to direct stormwater to rural ditch conveyance system. City records indicate that park dedication has not been paid for the subject property when it was initially platted. Therefore, park dedication shall be required to be paid for each of the lots at the current rate identified in the fee schedule at the time of payment. A condition has been added to the draft resolution requiring park dedication to be paid prior to recording the plat. The Utility Commission reviewed the preliminary and final plat of “Fiberhood” at its regular meeting on April 3, 2024 and recommends approval of the plat application. Staff recommends approval of the preliminary and final plat of “Northdale Sixth Addition”, subject to the findings and conditions in the attached resolution. Commissioner Carleton asked who came up with the name “Fiberhood”. Planner Gindele indicated that CTC is the applicant, and they likely came up with the name. She questioned staff if the Commission has seen this property previously, Planner Gindele indicated the Commission has seen this property in the past. Acting Chair Hiltner asked about sewer and water being supplied to Forestview and asked if it was going to be extended to Maryland and the other proposed roads. Planner Gindele indicated that Maryland Rd. will not be part of the water and sewer expansion. The reason being, the owner has street frontage on an existing road and doesn’t want to plat all of the lots at once. He noted it is typical of developers to plat this way as it saves on park dedication fees. CD Director Doty added that the water and sewer design is for the existing lots, Developers are only required to bring utilities as far as they are developing when dealing with raw land. He noted that this is the first residential development that has been seen in some time, as there are a lot of vacant lots. He noted that moving forward the developer will have to pay for the future expansion of utilities when the outlots and roads are constructed. Acting Chair Hiltner asked if there was going to be room for fire trucks and school buses to turn around on a dead end. The Commission and staff reviewed the areas that could be used for turning around. The street pavement is full width as required. Staff and the Commission had conversation on the lay-out of the future roads. 4/9/2024 Planning and Zoning Commission Meeting Minutes Page 6 Acting Chair Hiltner opened the public hearing. Mr. Sanow was also involved in this plat. Acting Chair Hiltner asked if there were any questions. There were no concerns or questions. Commissioner Kellerman noted a clerical issue on page 24. Acting Chair Hiltner closed the public hearing MOTION by Commissioner Carleton, seconded by Commissioner Kellerman to approve preliminary and final Plat of “Fiberhood” for property located on the north side of Maryland Road and Forestview Drive near the intersection with Medford Road as presented by staff in the draft resolution. Motion unanimously approved. 4. PUBLIC HEARING. Zoning Ordinance Amendment to Title 10 of the Zoning Ordinance to amend the City’s Retail Parking Standards and requirements for fences atop retaining walls (City file no. 24-09) 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 zoning standards as they relate to retail parking and retaining wall fences. The intent of the proposed amendments is to reduce the amount of required parking for retail uses of a certain size and to require safety fencing or guardrails on top retaining walls of a certain height. The first part of the amendment is proposed to address safety concerns regarding retaining walls on private property. Currently, city ordinances do not require any kind of fence, guardrail, or other safety measure to be on the top of any retaining wall regardless of its height. Recently, a private developer constructed an approximately 10-foot-tall retaining wall as part of their development plan that was reviewed and approved by both the Planning Commission and the City Council. At the time of review and approval, the plans showed a fence on top of the retaining wall. However, during construction of the project, the developer requested not to build the fence. Since the fence was part of the plans that were approved by City Council the applicant was required to install the fence. However, had the fence not been a part of the approved plans, staff would have had no ability to require the fence which would have posed a significant safety concern. This ordinance is intended to ensure that retaining walls are constructed and maintained in a manner that supports the safety and wellbeing of the general public. Planner Gindele then explained the parking standards portion of the proposed amendment. This amendment is an effort to reduce the amount of built environment and preserve more green space. Upon review of the parking standards currently in ordinance, and an analysis of current uses in Baxter, staff determined that there could be sufficient reason to reduce the amount of required off- street parking for larger retail uses. Staff analyzed existing big-box retail uses in Baxter looking at the size of the principal structure and the size of the parking lots. Aerial imagery and local knowledge was used to determine how full big-box retailers’ parking lots are on an average basis. That information was then paired with the size of the corresponding retail building on each site to identify a threshold in the size of the building at which, in general, the parking demand for that use appears to diminish. Upon analysis of this information, it was determined that there appears to be a general reduction in the amount of parking needed for retail buildings that are above 50,000 square feet in area. The proposed amendment would allow for a reduction in the amount of required off-street 4/9/2024 Planning and Zoning Commission Meeting Minutes Page 7 parking by up to 10% without the need for a variance, provided the applicant can prove that it has the ability to construct the amount of reduced parking stalls with a proof-of-parking plan. The Utilities Commission reviewed the application at its regular meeting on April 3, 2024. Discussion was held regarding the proposed amendment to the parking standards where concern was expressed over the fact that the City is not designed for on-street parking. Therefore, if a retail use does not have enough parking on site based on the proposed ordinance amendment, then on-street parking would present a safety concern. The Utilities Commission recommended approval of the ordinance amendment with the requirement that a proof-of-parking plan be required to show how an applicant could construct the amount of reduced parking should a parking shortage be documented on site. Staff recommends approval of the draft zoning ordinance and findings of fact resolution. Commissioner Carleton asked if the developer has to request the 10% less or does staff determine the parking reduction. Planner Gindele stated that currently, without this ordinance amendment, if an applicant wants a reduction it would be a variance that would come through this Commission and City council for approval. However, with this amendment in place, a retail use over 50,000 sq. ft. could propose up to a 10% reduction in the amount of required parking without the need for a variance. Commissioner Carleton gave Costco as an example, they have a lot of unused parking. CD Director Doty stated that if Costco or any big box store came in with a different proposed use, the parking is again reevaluated. He added that they did look at several big box locations in Baxter and each location is different. This allows staff flexibility with parking standards and would allow the developer more green space with the option of adding more parking at a later date if needed. They reviewed Baxter locations and found that some of the places could have utilized the reduction by 10% and still have enough parking. Commissioner Carleton asked about the potential strip mall that was going to go in front of Costco, maybe that was why they had so much parking. CD Director Doty stated those development sites would have their own parking spaces. Council Liaison/Mayor Olson added that Costco is proposing an addition to their liquor store and that may require those extra spaces. CD Director Doty added that there are some locations that would not be eligible for the parking reduction, he used Menards as an example, they already have a variance for less parking stalls. Acting Chair Hiltner asked if a developer could not meet the landscaping ordinance would this reduction be allowed to assist them with the landscaping. CD Director Doty said they would ask them if they took advantage of the 10% reduction to help them meet code. He reiterated the Utilities Commissions concerns regarding off street parking, they were spot on with the city not being designed for on street parking. Planner Gindele added that currently the ordinance is proposed for gross floor area or basically the whole foot print of the building. Acting Chair Hiltner opened the public hearing. Acting Chair Hiltner closed the public hearing MOTION by Commissioner Oswald, seconded by Commissioner Carleton to approve Zoning Ordinance Amendment to Title 10 of the Zoning Ordinance to amend the City’s Retail Parking Standards and requirements for fences atop retaining walls as presented by staff in the draft resolution. Motion unanimously approved. 4/9/2024 Planning and Zoning Commission Meeting Minutes Page 8 UPDATES CD Director Doty informed the Commission the City Council has decided to disband the Long Range Planning Commission. That Commission had been around for a very long time assisting the Council with the Comprehensive Plan. CD Director Doty said that some of the duties of the Commission will fall to this Commission. If the city needs an amendment to the Comprehensive Plan it would come to this Commission. He reviewed items listed in the comp. plan and suggested a night to go through the plan to get an understanding of the plan. The Commission and staff held conversation regarding the comprehensive plan, noting that staff uses the comp. plan daily with development. Commissioner Carleton noted that this Commission hasn’t seen any architectural application as of yet. CD Director Doty stated that the Architectural Committee and Long Range Planning Commission did a great job writing the ordinances. ADJOURN MOTION by Commissioner Kellerman, seconded by Commissioner Oswald to adjourn the meeting at 7:10 p.m. Motion unanimously approved. Approved by: Submitted By: ___________________________ ______________________________ Chuck Hiltner Shanna Newman Acting Chair CD Administrative Assistant