Planning and Zoning Commission Meeting

PLANNING AND ZONING COMMISSION MEETING MINUTES Tuesday, September 10, 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 Hiltner. ROLL CALL MEMBERS PRESENT: Chair Chuck Hiltner, Commissioners Howie Oswald, Gwen Carleton, Larry Kellerman and Council Liaison/Mayor Darrel Olson MEMBERS ABSENT: None STAFF PRESENT: CD Director Josh Doty, Planner Matthew Gindele and Chief Jim Exsted OTHERS: Craig Katzenberger MINUTES 1. Approve the Planning & Zoning Commission Meeting Minutes from August 14, 2024 MOTION by Commissioner Carleton, seconded by Commissioner Kellerman to approve the Planning and Zoning Minutes from the August 14, 2024. Motion carried unanimously. Chair Hiltner stated that this Commission is a recommending body, and that final approval/denial is taken with the City Council on September 17, 2024. COMMENTS AND QUESTIONS None OLD BUSINESS None NEW BUSINESS 2. PUBLIC HEARING. Conditional Use Permit to allow an accessory structure area to exceed the maximum size allowed for property located at 8148 Highland Scenic Road (City file 24-34). Chair Hiltner asked for the staff report. Planner Gindele indicated the applicant has requested a conditional use permit (CUP) to allow for the construction of a 1,360 square foot accessory structure that exceeds the size requirements of the Code. The property also has an existing 816 square foot 9/10/2024 Planning and Zoning Commission Meeting Minutes Page 2 (approximate) attached garage. The total proposed accessory structure area on the property is 2,176 sq. ft. Planner Gindele reviewed the site plan, floor plan and aerial with the Commission. The zoning ordinance allows properties within the R-1, Single Family Residential district that are 2.5 acres or larger deviate from the size requirements of the Code with approval of a conditional use permit. The subject property is approximately 17 acres. The subject property is 660 feet wide and over 1,200 feet deep with a home and attached garage situated in the center of the property. The property is heavily wooded providing high quality screening to adjacent properties. The property is fairly flat with gentle rolling hills. It is not located within the shoreland overlay district and there are no floodplains or wetlands on the property. The applicant has requested a conditional use permit (CUP) to be allowed to construct an additional 1,360 square feet of accessory structure area. The 1,360 square feet is in addition to an existing 816 square foot attached garage bringing the total accessory structure area requested to 2,176 square feet when the maximum cumulative accessory structure area allowed is 1,800. The ordinance also limits the size of a single detached accessory structure to a maximum of 1,152 s.f. The proposed structure would match the architectural design of the existing home including color, materials, construction type, and design compliant with ordinance requirements. The proposed garage height is approximately 12’ 8” and the house is 12’ 10” so the garage is also compliant with the maximum height restriction in the ordinance. The total impervious surface on the property after construction of the proposed garage would be approximately 2.4% of the total lot area. The zoning ordinance allows accessory structures to deviate from the size standards of the ordinance with a conditional use permit for properties that are a minimum of 2.5 acres, subject to the following conditions: 1) The accessory building shall be a minimum of 50 feet from the side and rear property lines. 2) The accessory building is located rearward of the front line of the principal structure. 3) The accessory building meets all the conditions of the approved conditional use permit. The applicant has submitted a plan showing that the accessory structure will be at least 50 feet from the side and rear lot lines. The plan indicates that the proposed structure will be located rearward of the home. Staff recommends approval of the conditional use permit, subject to the findings and conditions in the attached resolution. Chair Hiltner asked if the height of the garage meets code. Planner Gindele indicated that the house is 12’ 10” and the garage is 12’ 8”, therefore it meets code. Chair Hiltner opened the public hearing. Mr. Craig Katzenberger 8148 Highland Scenic Rd., applicant, stated he had no concerns. He added that he needs to get the garage done before his wife changes her mind, the Commission chuckled. Chair Hiltner asked if there was going to be any plumbing, Mr. Katzenberger indicated thee will not be any plumbing, this garage is strictly for storage. 9/10/2024 Planning and Zoning Commission Meeting Minutes Page 3 Chair Hiltner closed the public hearing. MOTION by Commissioner Freeman, seconded by Commissioner Carleton to approve the conditional use permit to allow an accessory structure area to exceed the maximum size allowed for property located at 8148 Highland Scenic Road as presented by staff in the draft resolution. Motion carried unanimously. 3. Amend the City Hunting Map Chair Hiltner asked for the staff report. Planner Gindele asked Chief Exsted if he was okay with him briefly presenting and asked the Chief to fill in as needed. Planner Gindele presented the hunting map to the Commission. He stated there are five zones in the map.  No Hunting  Archery Only Zone  Shotgun & Archery Only Zone  Muzzleloader / Shotgun & Archery Zone  Managed Archery** Planner Gindele explained the Deer Management group. The majority of the City is located in the No Hunting zone. Properties that are permitted for hunting are generally larger properties or properties that are in rural areas of the City. To help manage deer numbers within Baxter, the City has allowed larger properties adjacent to residential areas and those residential lots adjacent to large vacant tracts of land in the Archery Only Zone. Shotgun and muzzleloader is allowed only when property for hunting is at least 500 feet from dwelling or occupied building. Planner Gindele reviewed the seven different project areas with the Commission as shown in the packet. The areas were noted and staff’s finding for each area where as follows: Project Area One - New Dog Park Area - No Hunting Project Area Two – Forestview Acers- No Hunting Project Area Three - Jewelwood Area Stormwater Ponds- Managed Archery Only Project Area Four - Norway Dr.- Archery Only Project Area Five – Deerwood Road- Archery Only Project Area #Six - Jewelwood Tax Forfeited property- No Hunting Project Area #Seven-Several Private Parcels- Shot Gun & Archery Staff recommends that the Planning Commission review the Hunting Map Amendment options and recommend specific map amendments to the City Council. Specifically, staff recommends that Project Areas 1 and 2 be changed to no hunting, Project Area 3 be changed to managed archery, Project Areas 4 and 5 be added to archery hunting only, Project Area 6 to remain as is with no hunting allowed, and Project Area 7 to remain as is with shotgun and archery only. CD Director Doty asked Chief Exsted to explain the Managed Archery location to the Commission. Chief Exsted gave the Commission the background on how the group of hunters came about, the requirements to hunt the City land, including the additional testing requirements and permits required. Chief Exsted indicated that Project Area Three was actually going to be Managed Archery Only, the correction was noted. He noted the group is really good to work with and has kept the 9/10/2024 Planning and Zoning Commission Meeting Minutes Page 4 costs down for the City. People are showing up and wanting to follow the rules to hunt the managed area. Chair Hiltner asked that now cross bows are allowed to be used by everyone, has that been addressed. Chief Exsted stated that it came up last year and is on a two-year trial basis with the DNR. He commented that it will probably continue in the future. Chair Hiltner stated that a person can take up to five deer, he asked if the City manages the count. Chief Exsted stated that staff manages where and the weapons that can be used, the DNR manages the rest of the hunting regulations. Chair Hiltner asked about Project Area 4, he lives two houses away, with elderly neighbors in that area. His concern was if the deer gets shot and runs into the neighbor’s yard, it may cause a problem in the future. He asked if the neighbors were informed. CD Director Doty noted that the hunting group has had lots of discussion regarding the fringe area and staff has received petitions for some of the fringe areas. Chief Exsted noted that the Memorywood area was a 100% petition area prior to the Management group, staff didn’t do that with the area four as it was requested by the property owner. Staff has taken the hunting request both petition and non-petition. Chief Exsted added that there have been requests by a person on Rush Lake and Deerwood Dr. that staff has said no to being they don’t abut a larger track of land. Chair Hiltner hopes that the person requesting number four went to the neighbors and advise them of his ability to hunt that land. Council Liaison/Mayor Darrel Olson commented on the concern that was raised on Memorywood about wounded deer running into the neighbor’s yard, thus the petition they signed indicated that the neighbors were OK with a dead deer in their yard. He asked if there had been any complaints, CD Director Doty indicated that he hadn’t heard of any complaints. CD Director Doty added that they do talk to the hunters and make some requests. His example is the Managed area by the Forestview School, a hunter called him and asked about hunting that land. Staff requested that they not hunt during the school hours, just because of the sensitivity of the children being outside or looking out the window and see an arrow through a deer and the hunter was very willing to abide by the request. Commissioner Carleton stated that she can’t believe that people are still feeding the deer and think they are doing good by doing it. The Commission had conversations regarding the deer population. MOTION by Commissioner Carleton, seconded by Commissioner Oswald to approve the amended city hunting map, with the correction of number three being changed to Managed Archery area as presented by staff. Specifically, that Project Areas 1 and 2 be changed to no hunting, Project Area 3 be changed to managed archery, Project Areas 4 & 5 be added to archery hunting only, Project Area 6 to remain as is with no hunting allowed, and Project Area 7 to remain as is with shotgun and archery only. Motion carried unanimously. Council Liaison/Mayor Darrel Olson asked Chief Exsted if the number of deer have gone down. Chief Exsted did not have a count, however agreed with the Commission that the number appears to have gone down. 4. Review of Gateway Regulations Chair Hiltner asked for the staff report. CD Director Doty gave the background on the Gateway regulations that were discussed during the Comprehensive Plan Update in 2015. He explained the purpose of the presentation is to review the work that has been done to date with Gateway and to gain feedback from this Commission on the City’s vision for Gateway in 2024. Feedback will help staff establish the process needed moving forward to complete the city’s gateway regulations. 9/10/2024 Planning and Zoning Commission Meeting Minutes Page 5 CD Director Doty noted that the Council is wanting staff to work on establishing Gateway standards in 2024. Staff is looking for feedback to help staff establish the process needed moving forward to complete the city’s gateway regulations. He discussed the difference between the north and south areas of Highway 371 in Baxter with the aerials provided in the packet. He spoke of the east side of Hwy 371 south of Hwy 210 being purchased by the City to save trees and a potential trail. He discussed the difference between a Gateway Overlay district and a Gateway zoning district and identified those locations on the zoning map. CD Director Doty reviewed several photos in the presentation and in the packet with the Commission. He then discussed the west gateway area. He spoke of the need to be proactive instead of reactive with development. He reviewed the goals of the gateway corridor with the Commission. He explained the developers concerns regarding some of the standards that the LRPC was suggesting, and the Council did understand the concerns. He spoke of the request of mix-used being allowed in the Gateway District. CD Director Doty spoke of the new goals post 2015. He spoke of development design and gave Essentia Health as an example of how the building was close to the highway and the parking lot being in front of the building. The architecture and tree preservation were also explained. He spoke of other cities that were reviewed, such as Grand Rapids and their corridor with trees and development. CD Director Doty reviewed the Gateway Study and the potential types of standards: • Use Standards • Development Design • Tree Preservation • Landscape Design • Building and Parking Orientation and Setbacks Commissioner Carleton commented on Jack Pine Brewery being on a backage road rather than a frontage road and how it works well. CD Director Doty spoke of Vista Protection. The City could study specific sections of the corridor and determine specific existing vistas that the City would like to protect/preserve. The challenge with vista protection is that unless the City is prepared to purchase the vistas, the preservation regulations need to be balanced so that the regulation does not represent a taking of private property. He asked the Commission to start thinking about what their vision is for the Gateway District. Commissioner Carleton said she would like to be involved with the discussion of this area. CD Director Doty stated that the use part and regulations need to be put in place, or a PUD is the only way to regulate this area at this point. Chair Hiltner asked about the R-1 district being in the gateway district, it wasn’t defined. CD Director Doty asked the Commission what they want to see, and it is a difficult decision. Chair Hiltner asked if a developer came in today, there are really no regulations in this area that has been determined, CD Director Doty stated that is correct. Chair Hiltner asked where this Commission goes forward from here on this topic. CD Director Doty stated, and Council Liaison/Mayor Darrel Olson agreed that it is time to move forward with this area, especially since MnDOT is also looking at changes from this area to Nisswa. CD Director Doty told the Commission of developers that have had conversation with staff regarding potential projects, most of which are still confidential projects at this time. 9/10/2024 Planning and Zoning Commission Meeting Minutes Page 6 UPDATES ADJOURN MOTION by Commissioner Kellerman, seconded by Commissioner Oswald to adjourn the meeting at 7:44 p.m. Motion unanimously approved. Prior to the Commission leaving the meeting Council Liaison/Mayor Darrel Olson expressed the loss of Chair Bob Kinzel. The amount of support he gave this City. His favorite Bob story was the egg timer that he used when everyone wanted to complain, they were allowed 3 minutes. Howie talked about Bob cooking at camp, he was always the egg cooker. Fond memories were shared. Approved by: Submitted By: ___________________________ ______________________________ Chuck Hiltner Shanna Newman Chair CD Administrative Assistant