Planning and Zoning Commission Meeting

PLANNING AND ZONING COMMISSION MEETING MINUTES Tuesday, May 14, 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 Chair Kinzel. ROLL CALL MEMBERS PRESENT: Chair Bob Kinzel, Commissioners Chuck Hiltner, Gwen Carleton, Howie Oswald, Larry Kellerman and Council Liaison/Mayor Darrel Olson MEMBERS ABSENT: None STAFF PRESENT: CD Director Josh Doty and Planner Matthew Gindele OTHERS: Amy Dirkes, Judith Andersen, Dennis & Frances Flaherty, Sally Ward, Krissy & Tom Andrew, Jordan Chouanard, Lisa Wadsen, Brent Dusek, Derrick Taylor and Jim Kramer MINUTES 1. Approve the Planning & Zoning Commission Meeting Minutes from April 9, 2024 MOTION by Commissioner Carleton, seconded by Commissioner Kellerman to approve the Planning and Zoning Minutes from the April 9, 2024. 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 May 21, 2024. COMMENTS AND QUESTIONS None OLD BUSINESS None NEW BUSINESS 2. PUBLIC HEARING. Preliminary and Final Plat of “Perk Place” and Conditional Use Permits for a motor fuel station and drive-through carwash and a variance to the drive-through stacking standards for property located on the southwest corner of Novotny Road and Edgewood Drive (city file 24-10 and 24-13) Chair Kinzel asked for the staff report. Planner Gindele indicated the applicant is requesting approval of the following items for the roughly 32.5-acre site: 5/14/2024 Planning and Zoning Commission Meeting Minutes Page 2  Preliminary and Final Plat to allow “Perk Place”;  Conditional Use Permits (CUP) to allow a motor fuel sales and a drive-through carwash  Variance to the amount of required drive-through stacking The applicant is proposing to subdivide an existing 32.5-acre out lot to create a 3.88-acre buildable lot for a Kwik Trip convenience store with a motor fuel station and drive-through carwash, and an outlot. Planner Gindele reviewed the site plan, aerial, conservation easement, preliminary and final plat. He noted that all of the standards of platting have been met. Planner Gindele noted the traffic study that was completed and there are no additional needs for improvements to the road network as the existing system supports the traffic counts. One access does line up with the Lofts at Novonty. Novotny road is currently platted with an 80-foot-wide right- of-way and includes a trail on the north side of the road. Therefore, no additional right-of-way is required with this plat. Park dedication will be required to be paid prior to recording the plat, according to the most recent fee schedule at that time. This has been added as a condition of the draft resolution. Planner Gindele reviewed the site plan review with the Commission. This site plan review is completed at the time of building permit review, however staff likes to provide this information with the Commission and Council to show how the site plan could meet ordinance requirements. Planner Gindele reviewed the following items from the site plan analysis: Sidewalk Connections The proposed development includes internal sidewalks in the front and on the sides of the proposed building; no sidewalk connections are proposed to adjacent streets or trails. Staff has added a condition to the approving resolution that the applicant provides a sidewalk connection to Novotny Road. Landscaping The applicant has proposed a landscape plan that does not meet the size requirements for minimum number of trees or shrubs and does not meet the minimum percentage of total trees being coniferous. Specifically, the landscape plan proposes a total of 18.5 trees when a minimum of 20 trees are required, and a total of 30 shrubs when a minimum of 35 shrubs are required. Additionally, the ordinance requires that a minimum of 30% of the total trees be coniferous; the landscape plan shows less than 30% of the trees are coniferous. The plan also indicates a proposed shrub size of 1 gallon when the code requires a minimum size of 3 gallons. Staff has added a condition to the draft resolution requiring code-compliant revisions to the landscape plan prior to issuance of a building permit. Parking Lot Islands The parking ordinance requires one landscaped parking lot island for every 10 stalls of interior rows of parking placed consecutively in a row. The proposed site plan includes an interior row of parking with 11 stalls and no landscaped island. Conservation Easement The subject property contains a 30-foot-wide conservation easement bordering a wetland on the far east side of the lot. The intent of the conservation easement is to preserve a buffer between 5/14/2024 Planning and Zoning Commission Meeting Minutes Page 3 development and the wetland; the area within the easement is not allowed to be disturbed in any way. The plans currently indicate that the underground fuel storage tanks would be located partially within this conservation easement area which would impact the easement. A condition has been added to the draft resolution requiring the plans to be revised to remove the fuel tanks from the conservation easement so that there is no impact to the easement area. Vacuum Stalls The site plan indicates a single vacuum stall where patrons can park their vehicle and vacuum clean it. The vacuum stall is in the outer row of parking facing Novotny Road between the access points to the road. A condition has been added to the draft resolution requiring submittal of the vacuum, and related mechanical equipment, specifications and that the vacuum, and related mechanical equipment, be painted/coated with a mat, nonreflective/non-shiny finish and fully screened from street rights-of-way and adjacent properties. Planner Gindele then reviewed the requested conditional use permits with the Commission as follows: Motor Fuel Sales The zoning ordinance calls out motor fuel sales as a conditional use in the C-2 district and contains specific standards for them. These standards are found in two separate sections of the Zoning Code. Specifically, section 10-3-4, Article G and section 10-5-8 contain specific conditions of this use. Staff finds that the application meets the standards of motor fuel sales with the conditions in the draft revised resolution, as identified in the staff report. Carwashes The zoning ordinance calls out carwashes as a conditional use in the C-2 district and contains specific standards for them. These standards are found section 10-3-4, Article G. Staff finds that the application meets the standards of carwashes with the conditions in the draft revised resolution, as identified in the staff report. Drive-throughs The zoning ordinance calls out drive-throughs as a conditional use in the C-2 district and contains specific standards for them. These standards are found in two separate sections of the Zoning Code. Specifically, section 10-3-4, Article G and section 10-5-5 contain specific conditions of this use. Staff finds that the application meets the standards for drive-throughs with the conditions in the draft revised resolution, as identified in the staff report. Regarding the variance, staff findings that due to the awkward shape of the lot and the fact that it is a corner lot with road frontage on two sides, and due to the fact that the principal structure is not large enough to fit the full 10 stacking stalls behind the building, practical difficulties exist in complying with the zoning ordinance requirements. The building would need to be a minimum of 200 feet long to fit the full 10 stacking stalls behind the building. Planner Gindele reviewed the requested variance with the Commission as follows: Drive-through Stacking The ordinance requires a minimum of 10 stacking stalls in the drive-through stacking lane which may not be located between the structure and the street. The proposed site plan indicates drive-through stacking behind the primary structure, not between the building and street, but only has space for 8 stacking stalls before the stacking would extend out in front of the building between the building and 5/14/2024 Planning and Zoning Commission Meeting Minutes Page 4 the street. The applicant is requesting a variance to allow 2 stacking stalls to be between the building and the street, for a total of 10 stacking stalls. Staff finds that the requested variance meets the standards for approving a variance as identified in the staff report. Specifically, due to the awkward shape of the lot, the fact that it is a corner lot with road frontage on two sides, and the fact that the principal structure is not large enough to fit the full 10 stacking stalls behind the building, practical difficulties exist in complying with the zoning ordinance requirements. Additionally, the 2 stacking stalls needing the variance are interior to the site, pushed toward the rear of the site, are located between the accessory gas pump canopy, are over 150 feet from any right-of-way, and do not interfere with traffic circulation or parking. Planner Gindele stated that The Utility Commission reviewed the application for preliminary and final plat and for the requested CUPs and variance and recommends approval subject to the following conditions: 1. Enter into an Escrow Agreement prior to issuing a building permit. 2. Enter into a Stormwater Facilities Maintenance Agreement prior to issuing a building permit. 3. Enter into a Limited Use Agreement prior to issuing a building permit. 4. No chemicals with Phosphorus or PFAS will be permitted. Planner Gindele reviewed the elevations of the building/renderings and signage with the Commission stating that the building uses brick as its primary siding material and the overall architectural theme appears to comply with the standards of the architectural ordinance. He stated that the architecture would be reviewed again at time of building permit review. Planner Gindele stated the Department of Transportation was sent a copy of the application and plans; however, no comments have been received to date. Staff recommends approval of resolution 2024-046 and resolution 2024-047 approving the preliminary and final plat of “Perk Place” and of the conditional use permits and variance, subject to the findings and conditions in the draft resolutions. Chair Kinzel stated that it was interesting how much work goes into reviewing a gas station and making sure that the minimum standards are met. He noted there is a lot of work that goes into developing a property. He indicated that he didn’t have any questions of staff and asked the Commission for their comments. Commissioner Hiltner stated the floor plan doesn’t match the elevations, Planner Gindele had the same question to the Kwik Trip representative. It was noted that the floor plan gets reviewed at the time of building permit. Commissioner Hiltner asked about the loading area verses the car wash staking area, was there a curb there for separation. Planner Gindele indicated there wasn’t a curb but potentially stripping, the applicant would have to answer that question. Commissioner Hiltner referred to the traffic study and asked if the corner where Toyota is located, was part of the study, as he felt it is a busy corner. CD Director Doty stated the study include the surrounding road network and believes that area was included in the traffic study. Chair Kinzel opened the public hearing. 5/14/2024 Planning and Zoning Commission Meeting Minutes Page 5 Mr. Brent Dusek with Kwik Trip Engineering from Plymouth, MN approached the podium. He stated Kwik Trip is based out of LaCrosse, WI. He answered Commissioner Hiltner questions regarding deliveries, the delivery lane will be stripped and deliveries are early in the morning before the gas station is allowed to open at 7 a.m. There are circulation plans for semi trucks delivering at the store, they weren’t provided here tonight. There will be no impact to the car wash stacking as it relates to the loading zone. Chair Kinzel stated that he would imagine that if a person sees 7-8 cars waiting for a car wash they would most likely come back at a later date/time when it’s not so busy. Mr. Dusek agreed. Commissioner Carleton asked if the car wash was a touch-less one. Mr. Dusek stated that the kiosk for the car wash allows the customer to choose between touch-less and non-touch-less. Chair Kinzel asked Mr. Dusek if he had any questions or concerns over what was presented tonight. Mr. Dusek said he had no concerns and that staff was easy to work with. Commissioner Hiltner stated that Baxter gets a lot of boat traffic, he didn’t see a lot of space for parking for vehicles with trailers, other than taking up the single stalls. Mr. Dursek indicated that the rear of the building is wider and could parallel park. Commissioner Hiltner asked if there was going to be any on-street parking, CD Director Doty stated there is no on street parking planned for Novotny. Planner Gindele added that the drive isles are wider than required on this site. Mr. Jim Jacobson, just moved to Baxter from Texas in December. His question was does the car wash have a grease/oil trap that catches any leakage. Mr. Dusek indicated that they do have grease/oil separators on site. He noted they are very aware of the environment with the wetlands. Commissioner Hiltner asked where the gas tanks will be located. Planner Gindele pointed out on the site plan where the tanks are proposed to be located which is partially within the conservation easement. Mr. Brent Dusek stated that the underground tanks will be moved out of the easement area and rotate them 90 degrees to fit in the area north of the gas pump canopy. Chair Kinzel closed the public hearing. MOTION by Commissioner Carleton, seconded by Commissioner Hiltner to approve the Preliminary and Final Plat of “Perk Place” and Conditional Use Permits for a motor fuel station and drive-through carwash and a variance to the drive-through stacking standards for property located on the southwest corner of Novotny Road and Edgewood Drive as presented by staff in the draft resolution. Motion unanimously approved. 3. PUBLIC HEARING. Rezoning from R-1 to R-1A and Preliminary and Final Plat of “Forestview Acres” to allow 25 single-family lots for property located on the west side of Forestview Drive between Parkview Circle and Maryland Road (City file 24-14). Chair Kinzel asked for the staff report. CD Director Doty stated the applicant is requesting approval of the following for the 11.42-acre site on the west side of Forestview Drive between Parkview Circle and Maryland Road:  Rezoning from R-1, Low Density Residential to R-1A, Medium Density Single Family Residential; and  Preliminary and Final Plat to allow “Forestview Acres” to create 25 single-family lots. 5/14/2024 Planning and Zoning Commission Meeting Minutes Page 6 Specifically, the subject 11.42-acre site is presently platted as one elongated property along the west side of Forestview Drive. The applicant is proposing the rezoning to allow the R-1A lots, which allows lots that are a minimum of 80-feet wide and 12,500-square feet in lot area. No outlots or phasing is proposed with the subject development. The City is completing a street reconstruction improvement project this year, which will bring utilities to the subject property along Forestview Drive. CD Director Doty reviewed the aerial, site location, preliminary and final plat with the Commission. He reviewed the elevations and proposed housing plan. The homes would all face Forestview Dr. and have a double car garage. CD Director Doty gave the background of this location. The City is extending 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 is proposing to plat lots along the Forestview Drive frontage that will be serviced with the city water and sewer after the extension is completed in 2024. Clearing of lots will occur at about 5 lots at a time. The applicant will attempt to save as many trees as possible but most of the site will be cleared over time to allow grading for the lots and homes. The site complies with the stated purpose of the R-1A district. Staff finds that the proposed R-1A zoning would provide for slightly more density than would be allowed with R-1 zoning but still within the density range of three units per acre (2.2 units per acre proposed). Specifically, with R-1 zoning, the property could have 20 lots and the developer is proposing 25 lots. The smallest lot width proposed is 80 feet and the smallest lot area proposed is 19,805 square feet. The property has frontage on Forestview Drive for all of the lots and a city-owned open space/trail property in the neighboring property along the back and south side of the properties. There is only one other adjacent lot on the north side, which is a vacant single-family property. Therefore, the development will transition with the existing R-1 neighborhood. Staff recommends approval of the rezoning based on the following findings: a. The rezoning meets the purpose and intent of the Zoning Ordinance and, specifically, the R-1A zoning district. b. The proposed use of single-family homes is not in conflict with applicable provisions of the zoning ordinance. c. There is adequate infrastructure available to serve the existing properties. The properties are located in an area where municipal sewer and water is available and adequate public streets exist to provide access the property. d. There is an adequate buffer or transition provided between potentially incompatible districts. e. The proposed zoning is consistent with the City’s Comprehensive Plan. CD Director Doty reviewed the lots sizes, that right-of-way is not needed, the drainage and utility easement, drainage and the need for park dedication fees for the new lots, that where included in the packet. The Utility Commission reviewed the preliminary and final plat of “Forestview Acres” at its regular meeting on May 9, 2024 and recommends approval of the application. CD Director Doty noted that the applicant plans on having these homes be rental properties but that has no legal bearing on the requested applications. He stated it’s no different than someone buying a home, or 100 homes, and renting them out. Commissioner Carleton asked if these were going to be VRBO homes; CD Director Doty indicated that he did not believe that was the intent. 5/14/2024 Planning and Zoning Commission Meeting Minutes Page 7 Staff recommends approval of the rezoning and preliminary and final plat of “Forestview Acres”, subject to the ordinance and findings and conditions in the attached resolutions. Commissioner Hiltner asked if there were any other R-1A in the neighborhood, staff indicated there were not. Chair Kinzel asked if this is new to Baxter. CD Director Doty it is the first time R-1A has been requested. He added that staff was exploring options to add variety in the housing stock for the R-1 district and the outcome was the R-1A district. Commissioner Hiltner asked about the water and sewer project in that area, how does it work with this project. CD Director Doty stated that project doesn’t really have a lot to do with the platting of the land, as that piece was already assessed as well. Chair Kinzel indicated that his concern was with the houses being rentals. What are the requirements for rentals in Baxter. CD Director Doty stated that there is a rental program in place, it is a very robust program. The rentals are required to be registered yearly and are inspected every other year for life-safety issues. Chair Kinzel stated we have a lot of rentals in R-1, do houses that have items that are in need of repair, are they remedied quickly. CD Director Doty stated it depends on what the item of concern is. The inspections do call out any items of concern that must be remedied before a rental license is issued. These houses are going to be brand new and shouldn’t have any issues that maybe another rental that was built in years past may have. Commissioner Carleton asked if these are patio homes; staff indicated they are slab homes. Mr. Jim Kramer, KLD representing the owner (Tom Andrew) who is also in the audience, stated that CD Director Doty did a good job laying out the subdivision, it is a straight forward plat. He stated that this will be a phased project, not a clear cut of trees all at one time. Commissioner Hiltner asked about the grading and noted that there appears to be a significant amount needed, referring to the south end of the subject property. CD Director Doty stated towards the middle to south there will be more grading to make a slab home work, and more trees will need to be removed. His understanding is roughly 5 lots would be graded at a time to have homes built on them, once they are complete the landscaping will be put in place while the other lots are being worked on. Chair Kinzel opened the public hearing. Judith Anderson 6501 Parkview Cr. approached the podium. Her question was aimed at Council Liaison/Mayor Olson. When we were here with the South Forestview Project her understanding was the lots were supposed to be 125’ wide. CD Director Doty told her on the phone the lots were 100’ and now its going from 100’ to 80’. That is a big difference. Her second concern was if there are going to be more houses, shouldn’t there be a rebate on assessments paid by the current residents that are part of the assessment project. She stated they are already paying more than North Forestview, her understanding was they were paying $17,000.00. CD Director Doty clarified that corner lots are required to be 120’ wide and standard lots are 100’ wide. CD Director Doty explained the difference between zoning and assessments. Assessments deal with Equivalent Residential Unit (ERU). Mayor Olson explained the process of how the Council works with ERU and that originally the assessment was $35,000.00 and the Council decided the project 5/14/2024 Planning and Zoning Commission Meeting Minutes Page 8 needed to be capped, therefore it was capped at $18,520.00 and the remainder was subsidized by the City. (He referenced Finance Director Vacinek report that was provided at the meeting) He explained the difference between the types of road projects and that the “cap” had already given a smaller amount of cost to the residents involved in those projects so there would not be a rebait. Staff offered the Finance report to the residents in the audience. Council Liaison/Mayor Olson stated that this Commission is not involved in assessments, strictly planning and zoning. The Commission agreed that concerns about assessments do not factor into the discussion regarding the requested applications and should be directed to the City Council. Chair Kinzel asked that those who would like to speak about the proposed development come to the podium to introduce themselves and their concerns. Mrs. Amy Dirkes and her husband live at 6587 Riverwood Rd. Amy stated she is a registered architect that does work in Baxter. She indicated she is well informed on zoning issues. She confirmed with staff that there is no other R-1A in the City of Baxter. Mrs. Dirkes stated she gets the idea of having different residential zoning districts, however it doesn’t make sense to do the R-1A in this location for a couple of reasons. The first being the proposed grading from on the south end of the subject property where the existing contours create a lot of topography. From lot 13 going south will need to be clear-cut do to the grading, being there is no other way to create those lots. She stated the City land behind the subject property acts as a buffer for the neighborhood from Hwy 371, however when these proposed lots get cleared the neighborhood will be wide open to Hwy 371 after the City cleared a wide swath of trees on the City property for a temporary access road associated with the water/sewer/street project. Being so open to Hwy 371 is very concerning to the people on Forestview Dr. She asked if the City had any intention of putting up some type of a barrier wall, one for privacy, for noise and the wildlife. There was already concern when the trail came through and the deer were misplaced then, if this happens where will the deer go then? Mrs. Dirkes stated that there was some highway noise when they bought the house but removing the trees is going to make the sound worse. Those lots (14-25 on the proposed plat) are not suitable for patio homes with the topography that is there. She indicated she is a residential architect and looking at the topography is the first thing she looks at when designing a home. She indicated that she is aware of the amount of grading that can be done on a lot, per ordinances and this appears to be exceeding that amount. She felt this will be a detriment to the neighborhood as nobody in the neighborhood is built out this with this type of development. Existing lots in the area have look-outs, walk-out or regular basements, based on the topography of the lot, rather than reshaping it to suit a patio home. She indicated she is from North Dakota where the land is super flat, she would have loved to have some of the topography located there. Mrs. Dirkes stated that the lots are going to be 80’ with the homes being 54’, that encroaches close to the side setback line and leaves very little room for a tree buffer between lots. Her opinion is this is not the neighborhood to place this development in, it will change the whole character of the neighborhood. Ms. Judith Andersen approached the Commission again, stating that her conversation with CD Director Doty the previous day revealed that the notices were sent out only to properties within 500 feet of the subject property, a majority of the people on Parkview Cr. knew nothing about this possible development. (City Code requires notices to be sent out to properties within 500 feet). Mrs. Dirkes approached the podium and stated if this is approved, she strongly encouraged that from lot 15-25 there are conditions placed stating grading is to be minimized and need to maintain the 5/14/2024 Planning and Zoning Commission Meeting Minutes Page 9 vegetation as much as possible. The homes being built on those lots need to work with the topography that is currently there. Mayor Olson, playing the devils advocate, said if they throw R1-A out and keep it R-1 and still built houses, your are still going to have tree clearing and the highway. Mrs. Dirkes responded that it is not the building of the homes, whether it is 20 or 25, it’s the grading that concerns her. She again stated that a 120-100’ lot verses a 80’ lot with a 54’ home is not going to leave room for trees to buffer the neighbors house or the road. Mrs. Dirkes continued that there are areas in town for patio homes, however the grade in this location, in her opinion does not work. Mrs. Sally Ward 11442 Forestview Dr. approached the podium. She agreed with Mrs. Dirkes. She asked that before the Commission votes, a new aerial with the trail on City property is reviewed, as that trail took out a lot of trees. She believed the trail is roughly two cars wide, it’s a road more than a trail. She stated that the only way to build the patio homes would be to clearcut the lots and haul in a lot of fill. Mr. Jim Jacobson, neighbor to Ms. Andersen approached and asked about the setbacks for this development. He has lived in neighborhoods that have a short setback and when plumbers and electrician show up a person can’t see past those vehicles to back out. He felt the setback should be more than a car and a half to keep from having an accident. CD Director Doty stated he agreed on the grading issues being brought up and understands the concerns. Regarding the trail, he stated that staff worked really hard to try and save the bigger trees when the trail came through. He noted it was a 40’ path and staff worked hard to narrow some areas down and keep access available for the neighborhood. He agreed the aerial photo was not up to date since the trail was put in. Regarding the front setbacks to the road, a 40’ setback is required in both R-1 and R-1A. The side yard is 8’ instead of 10’ and 30’ in the rear setback. CD Director Doty stated that anyone can buy a lot and choose to clear cut it, however most people do leave trees. The City does not have regulations regarding taking down trees on a buildable lot as long as there is an active building permit to construct a principal structure. Chair Kinzel asked with these smaller lots, if a person decides they want to add a porch and it encroaches on another lot, then the Commission is going to be looking at variance requests. Is this Commission going to be strict on this development because it was asked for smaller lots? CD Director Doty stated anyone can come in and ask for a variance. Being these are potential rentals, there would be one owner and they may not go for a variance at the request of a renter. He stated that it’s a viable factor that these are already smaller lots but findings supporting a variance request may be harder to create when it’s a brand new development. Commissioner Hiltner asked about landscaping requirements for re-foresting. CD Director Doty stated the City has a robust landscaping ordinance and reviewed the requirements with the Commission. There are credits given for trees being left in the front yards, residential requires one tree in the front. Mr. Jim Kramer approached and stated they are planning on leaving trees and not clear cutting. The fact is that this property is going to be developed eventually and trees are going to be lost. Regarding the lot sizes, if you built a 54’ house on a 80’ lot, what is the difference if a 125’ or 100’ lot will have a 85’ house on it, that is the way it works, he stated. Mr. Kramer said this is no different than any other development, they are going to have to follow the same rules and regulations as any other development. They plan on being good stewards of the land. Mrs. Dirkes approached and stated if they were going to be good stewards of the land, they wouldn’t be putting patio homes on the 15-25 lots. She stated she has been doing this for 30 years and never 5/14/2024 Planning and Zoning Commission Meeting Minutes Page 10 has she had someone come to her and say I have a 10’ grade difference and I want to put a patio home on it, people don’t do this type of request. She added if you are going to be good stewards of the land, don’t propose a patio development. Mr. Kramer stated they are here trying to create lots for houses with a uptick zoning, it doesn’t mean there won’t be two story homes or patio homes, this is just what is being proposed for the lots. Housing plans can change, the developer can come back with a different design at any time as long as it meets the setbacks. Mr. Kramer stated this is a concept plan, they aren’t intending to have all cookie cutter patio homes, however they also aren’t going to come in with 25 different house plans. Chair Kinzel closed the public hearing MOTION by Commissioner Kellerman to approve the first 1-10 lots of this plat only with R-1A and come back and see how it progresses with a different plan. Chair Kinzel said there needs to be a motion for the rezoning R-1 to R-1A first. CD Director Doty indicated that this is one development and it should be voted on as one and not broken into sections; the Commission should not make recommendations for only half the development. Commissioner Kellerman was trying to alleviate the grading issue with lots 15-25, but let the developer move forward with the lots that are not in question with the grading. CD Director Doty stated it is a legal request for 25 lots and cannot separate the request into a smaller request, or partial request. The Commission can request/approve with additional conditions regarding trees and grading. He gave the Commission the options in handling the restrictions and conditions. Chair Kinzel stated there is always something that comes up with new development. MOTION by Commissioner Hiltner, seconded by Commissioner Oswald to approve the rezoning from R-1 to R-1A and Preliminary and Final Plat of “Forestview Acres” to allow 25 single-family lots for property located on the west side of Forestview Drive between Parkview Circle and Maryland Road as presented by staff in the draft resolution. Chair Kinzel asked for the vote. Commissioner Hiltner and Oswald approved with Commissioner Carleton and Kellerman opposed. Chair Kinzel did not immediately vote, as he has some concerns regarding the grading. He personally had not been to the site. Commissioner Kellerman stated that he did drive back there and he can see the concerns. Commissioner Carleton agreed with Commissioner Kellerman that the developer needs a better plan. Chair Kinzel suggested a condition could be added restricting grading as the lots are development and an investigation into the clear cutting issue. Chair Kinzel opposed the development. The motion failed 2-3. Chair Kinzel asked if a different motion could/should be made. MOTION by Commissioner Kellerman to table the application until staff can look into other possible resolutions regarding the concerns. Chair Kinzel asked for a second. Commissioner Hiltner stated what is going to change. Trees are going to be cut down regardless. He said maybe what the city cleared should have more trees put back in conjunction with this project. He added that the lower lots are going to have to have some work done to them. He personally worked on a hill side lot and cleared it and made it flat, so it can be done. Therefore he is standing by his motion. 5/14/2024 Planning and Zoning Commission Meeting Minutes Page 11 CD Director Doty spoke to the motions. He stated a motion for denial has been made and that is what needs to go to the Council, a second motion to table is not needed, the vote was made. He added that before Council, the developer can make an adjustment prior to Council. Council Liaison/Mayor Olson stated that the news currently in Minnesota/St. Paul is all about zoning. The legislature is trying to get more people on less land and they are trying to taking zoning away from individual cities. They are trying to get all housing to move towards affordable housing with high rises and apartments. He stated that it is kind of scary, being they don’t know the characteristics of each city. There is pressure to look at developments such as this one tonight. The Council decided to look at different option such as R-1A district. Mayor Olson stated he lived on a 50’ wide lot in Brainerd for years, when they moved to Baxter they were on 150’ wide lot, he thought they had moved to a farm there was so much land. However with that land comes more expenses, now he is on a 100’ lot. His point was bigger isn’t always better, even though a lot of people move here for the bigger lots. This is the time first time around for the city on this type of development. An inaudible comment from audience was made. NOTE: after the meeting, it was determined that the motion that was voted on was not for denial, but was for approval, and that motion failed without another motion being voted on. The failed motion for approval will move forward to the City Council without a recommendation from the Planning Commission. 4. PUBLIC HEARING. Preliminary and Final Plat of “Brandon Corner” to allow a lot line adjustment between an existing platted lot and an outlot for property located at 8365 Brandon Road and the vacant outlot to the east (City file 24-15) Chair Kinzel asked for the staff report. CD Director Doty stated the applicant is requesting approval of a preliminary and final plat to allow a lot line adjustment between an existing platted lot and an outlot for property located at 8365 Brandon Road and the vacant outlot to the east. Specifically, the plat would increase the area of 8365 Brandon Road and would reduce the size of the existing outlot. The purpose for the plat is to move the lot line of 8365 Brandon Road 15 feet to the east to allow for parking expansion on the property. CD Director Doty reviewed the aerial and site plan with the Commission. The existing office property is approximately .5 acres in size and Outlot A, is approximately 1.5 acres. The site has little topography, and the site is mostly open, except for a tree stand on the south side of the property. The site is not located in a shoreland overlay district and does not contain any wetlands or FEMA floodplain. CD Director Doty reviewed the lots, streets, easements and conveyances, the area reserved for conservation, parking lot expansion and park dedication fees with the Commission, that was included in the staff report. The Utility Commission reviewed the preliminary and final plat of “Brandon Corner” at its regular meeting on May 9, 2024 and recommends approval of the application, subject to entering into a Stormwater Facilities Maintenance Agreement. Staff recommends approval of the preliminary and final plat of “Brandon Corner”, subject to the findings and conditions in the attached resolution. 5/14/2024 Planning and Zoning Commission Meeting Minutes Page 12 Commissioner Hiltner asked if a second building could be built and staff informed him that another building would not be allowed. Chair Kinzel opened the public hearing. Mr. Jim Kramer, KLD on behalf of the owner, approached the podium. He noted this is the third time around for this plat. This just gives them more flexibility with their property. Chair Kinzel closed the public hearing. MOTION by Commissioner Carleton, seconded by Commissioner Kellerman to approve the Preliminary and Final Plat of “Brandon Corner” to allow a lot line adjustment between an existing platted lot and an outlot for property located at 8365 Brandon Road and the vacant outlot to the east as presented by staff in the draft resolution. Motion unanimously approved. UPDATES None ADJOURN MOTION by Commissioner Oswald, seconded by Commissioner Hiltner to adjourn the meeting at 8:01 p.m. Motion unanimously approved. Approved by: Submitted By: ___________________________ ______________________________ Chair Kinzel Shanna Newman Chair CD Administrative Assistant