Planning and Zoning Commission Meeting

PLANNING AND ZONING COMMISSION MEETING MINUTES Tuesday, June 11, 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: Nick Brenner and Craig Vogl MINUTES 1. Approve the Planning & Zoning Commission Meeting Minutes from May 14, 2024 MOTION by Commissioner Hiltner, seconded by Commissioner Carleton to approve the Planning and Zoning Minutes from the May 14, 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 June 18, 2024. COMMENTS AND QUESTIONS None OLD BUSINESS None NEW BUSINESS 2. PUBLIC HEARING. Conditional Use Permits to expand an accessory building and for cross-access, and Variances to the architectural requirements for Menards located at 15236 and 15098 Dellwood Drive (city file 24-17) Chair Kinzel asked for the staff report. Planner Gindele stated the applicant is requesting conditional use permits to expand an accessory building and for cross-access, and variances to the architectural requirements for Menards located at 15236 and 15098 Dellwood Drive. 6/11/2024 Planning and Zoning Commission Meeting Minutes Page 2 The applicant is requesting the following for approval of an expansion at Menards at 15236 Dellwood Drive: 1) Conditional Use Permits to allow: a. Accessory structure square footage to exceed city standards, b. Cross-access 2) Variances a. To allow metal as an exterior finish for 100 percent the siding and roof material. b. To allow a non-articulated accessory structure. The above applications would allow Menards to construct an addition for shipping and loading on an existing outbuilding in the sales yard that would match the architecture of the rest of the buildings on site and would allow for a drive aisle to cross over a property line to provide a new access into the Menards property from the south. The applicant is requesting conditional use permits (CUPs) to allow an expansion to an existing outbuilding in the sales yard, and for cross-access. Specifically, the applicant is proposing to construct the building addition to allow the delivery staging area to be moved from the south side of the existing warehouse to this new building addition. The cross-access CUP is being requested to connect the strip mall at 15094 Dellwood Drive to the primary Menard property with a drive aisle across a vacant lot. This connection is intended to provide an additional option to access the Menard parking lot from the strip mall. Planner Gindele reviewed the site plan/landscaping plan and the additional property acquired by Menards where the cross-access drive aisle is proposed. He noted that the 14-foot-high fencing is currently being expanded which would provide screening of the addition. He reviewed the plans with the Commission. The zoning ordinance permits the setback for drive aisles to be reduced to zero to allow a cross access with approval of a conditional use permit, provided that: ● Driveways are designed to accommodate a safe traffic pattern ● Driveway design requirements are met. ● An access master plan is submitted ● A cross-access easement be submitted for approval by the city attorney and recorded The Utility Commission reviewed the application on June 5, 2024, and recommended approval of the application. They requested a water line to be capped off to keep from getting stagnant water in the water way. Conditions have been added to the draft resolution approving the cross-access CUP requiring the drive aisle to be a minimum of 24 feet wide meeting city standards for a two-way drive aisle. Another condition has been added requiring an easement agreement for the cross-access drive aisle. Regarding the variances, the applicant is requesting variances to allow metal as an exterior finish for 100 percent of the siding and roof material with no articulation on the proposed building addition. The metal siding proposed is the same metal that was used with the other accessory structures. The C-2 district allows for architectural metal up to 50 percent of the building. The architectural ordinance also requires articulation on facades that are 60 feet wide and over and face a public street to avoid long unbroken masses of building without variations in design to break up the aesthetic mass of buildings. The building addition would be completely surrounded by the 14-foot- 6/11/2024 Planning and Zoning Commission Meeting Minutes Page 3 high fence and existing buildings, which would break up the building exterior from adjacent properties and the public street. Staff recommends approval of the conditional use permits and the architectural variances for Menards located at 15236 Dellwood Drive, subject to the conditions in the draft resolutions. Commissioner Carleton asked for clarification on the additional lot. She asked if the curbing was going to stay and the benefit of that lot. Planner Gindele indicated it is another access point for Menards. CD Director Doty added that the cross-access easement is recorded against the property, should ownership change in the future. It was noted that the owners of the building to the south are in favor of this cross access. He gave the history of the second building not moving forward. Commissioner Carleton asked if Menard’s planned on developing that lot, CD Director Doty indicated that there was not any proposed development that he was aware of on that lot. He indicated that they use the lot for snow storage in the winter. When Dellwood Dr. gets re-done there will be another turn lane put in to assist with how busy the other access is into Menard’s. Commissioner Hiltner asked if they pile snow there will it flow into that basin. CD Director Doty indicated that it would flow into that stormwater basin. The stormwater basin was designed for two buildings, only one was built, therefore the basin can accommodate that snow/water. There is no concerns with the city regarding the snow location. Chair Kinzel opened the public hearing. Mr. Nick Brenner, Menard’s representative, approached the podium. He indicated that staff did a great job presenting the project. He stated that they have been working for months trying to stage the merchandise to best accommodate their customers. He explained the drive-through building and the sharp 90 degree turn leaving the building. This expansion frees up additional space and will remove the 90 degree turn leaving the building. He indicated that the exterior metal will match the existing metal to make the building appear that it was built at the same time. Mr. Brenner stated that the owner of the sub business is very interested in having a second access to accommodate his customers as well. He stated with the pending Dellwood Dr. road construction this will give people a way around the construction. He also stated that there was no intention to develop the remaining portion of that lot and that with the sandy soil there shouldn’t be any issues with drainage noticed, unless there was a large rain event. Chair Kinzel asked if Mr. Brenner saw any concerns with ice or water on the road. Mr. Brenner stated he was up here a week ago after heavy rain and the current holding pond was full, today it was bone dry, he doesn’t see any concerns. Commissioner Hiltner asked if the sales yard was going to be cleared up, Mr. Brenner indicated that area will be freed up with this new addition. Commissioner Hiltner asked when the off site parking lot to the north was going to be constructed, CD Director Doty indicated it is currently under construction. Council Liaison/Mayor Olson asked with the added 82 parking stalls in the off site parking lot, is Menard’s still short on required parking. CD Director Doty indicated that the last variance for reduced parking was roughly 137 parking stalls, with the additional 82 parking stalls, this brings them closer to being code compliant. Chair Kinzel closed the public hearing. 6/11/2024 Planning and Zoning Commission Meeting Minutes Page 4 MOTION by Commissioner Carleton, seconded by Commissioner Hiltner to approve the conditional use permits to expand an accessory building and for cross-access, and variances to the architectural requirements for Menards located at 15236 and 15098 Dellwood Drive as presented by staff in the draft resolution. Motion unanimously approved. 3. PUBLIC HEARING. Conditional Use Permit to allow a 1,728 square foot accessory structure for property located at 13281 Mile Lake Drive (city file 24-18) Chair Kinzel asked for the staff report. Planner Gindele stated the applicant has requested a conditional use permit (CUP) to allow construction of a 1,728-square foot accessory structure. Specifically, the applicant is proposing to build a 36’x 48’ stick-frame detached garage with 16’ walls, two 14’ tall overhead doors and metal siding that will match the color of the house. If approved, the CUP would allow the applicant to deviate from both the size and design standards of the zoning ordinance. 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 (a variance and CUP were approved in 2023 to allow this lot as a buildable lot). The property is heavily wooded and is situated on the 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 and detached garage. 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. Planner Gindele reviewed the aerial and site plan with the Commission, noting this same parcel was reviewed last fall to determine it was a buildable lot. Access to the property is by a private drive on private property. He noted the house is currently under review. He then reviewed the findings with the Commission that where in the packet. Staff recommends approval of the of the Conditional Use Permit, subject to the findings and conditions in the attached resolution. Commissioner Carleton asked if the zoning of RS is the reason they can deviate from the normal nine-foot-tall overhead garage door, which is the limit in the R-1 District. Planner Gindele stated that was correct; that standard is in the design standards of the accessory structure ordinance and lot’s in the RS zoning district can deviate from the design standards with a CUP. CD Director Doty added that the standard has been nine foot doors in R-1, however RS and RR district have larger acreage and tend to be more rural and as such, are allowed to deviate from some standards with a CUP. Commissioner Carleton asked about the private road and why it was private. Planner Gindele indicated that the property owner had to receive a legal easement to access the property. The city required the owner to receive legal access prior to approving a building permit, as the city will not allow a home without legal access. Chair Kinzel opened the public hearing. 6/11/2024 Planning and Zoning Commission Meeting Minutes Page 5 Mr. Greg Vogl, owner of the property approached the podium. Chair Kinzel noted that he did a lot of work to get the access legally established. Mr. Vogl replied that legal action was required and about six months worth of time was invested. Chair Kinzel asked if he had any concerns or questions regarding his application. He indicated that staff has been very helpful with helping them through the building process. Mr. Vogl informed the Commission of how much garbage and junk was removed from the property. Chair Kinzel closed the public hearing. MOTION by Commissioner Oswald, seconded by Commissioner Kellerman to approve the conditional use permit to allow a 1,728 square foot accessory structure for property located at 13281 Mile Lake Drive as presented by staff in the draft resolution. Motion unanimously approved. CD Director doty stated that Mr. Vogl has also been very patient and good to work with through this process. The commission welcomed him to Baxter. 4. PUBLIC HEARING. Preliminary and Final Plat of “Potlatch Second Addition to Baxter” and a Conditional Use Permit for open storage for property located east of Timberwood Drive and south of 3855 Independence Road (City File 24-19) ITEM TO BE TABLED TO THE JULY 9, 2024 PLANNING COMMISSION MEETING CD Director Doty explained the reasoning for the tabling of this item. He asked the Commission to open the public hearing being staff had published for this application, then table until the July 9, 2024 Planning and Zoning meeting. MOTION by Commissioner Carleton, seconded by Commissioner Oswald to table the Preliminary and Final Plat of “Potlatch Second Addition to Baxter” and a Conditional Use Permit for open storage for property located east of Timberwood Drive and south of 3855 Independence Road until the July 9, 2024 Planning and Zoning meeting, as requested by the applicant. UPDATES CD Director Doty offered a discussion on the Comprehensive Plan with the Commission. He gave an update to the Commission on ending the Long Range Planning Commission this month and turning the Comprehensive Plan over to the Planning and Zoning Commission. He indicated that he wants the Commission to be comfortable with taking over the comprehensive planning applications. Chair Kinzel asked when the Comprehensive Plan was last updated, CD Director indicated it was 2015 when it was completely reviewed, however Long Range Planning Commission had done some smaller revisions. CD Director Doty explained the use of the Comprehensive Plan by staff. Chair Kinzel stated he remembered doing all of the Long Range Planning and Architectural piece, then the Commissions were broke out and now it is back to this Commission. ADJOURN MOTION by Commissioner Kellerman, seconded by Commissioner Oswald to adjourn the meeting at 6:51 p.m. Motion unanimously approved. Approved by: Submitted By: ___________________________ ______________________________ 6/11/2024 Planning and Zoning Commission Meeting Minutes Page 6 Chair Kinzel Shanna Newman Chair CD Administrative Assistant