Planning and Zoning Commission Meeting

PLANNING AND ZONING COMMISSION MEETING MINUTES Tuesday, November 12, 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: Damond Clanton, Chris Quisberg, David Quisberg, Rick Mileski, Mike Angland, Jason Jackovich, Sandy Zutz-Wiczek, Kathy Hanfler, and Curtis & Janet Brown MINUTES 1. Approve Planning & Zoning Commission Meeting Minutes from October 8, 2024 MOTION by Commissioner Carleton, seconded by Commissioner Kellerman to approve the Planning and Zoning Minutes from the October 8, 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 November 19, 2024. COMMENTS AND QUESTIONS OLD BUSINESS NEW BUSINESS 2. PUBLIC HEARING. Conditional Use Permit to allow an accessory structure area to exceed the maximum size allowed and a Variance to allow a reduced setback to a side and a rear lot line for property located at 12700 Persimmon Drive (City file 2024-37) 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 780 square foot accessory structure. The property also has an existing 1,040 square foot attached garage, which, when added to the requested accessory area, brings the total accessory area requested to 1,820 sq. ft. when the ordinance limits accessory structure area to a cumulative total of 1,800 sq. ft. The applicant has also 11/12/2024 Planning and Zoning Commission Meeting Minutes Page 2 requested a variance to allow a reduced setback from the side and rear lot lines where a minimum of 50 feet is required. 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 3.84 acres. Planner Gindele reviewed an aerial of the location with the Commission. Planner Gindele indicated the subject property is 3.84 acres in size and is accessed by a private drive that connects to Joler Road to the south. It is not located within any shoreland overlay district but does contain significant wetlands on the south and east sides of the property. The wetlands act as a FEMA floodplain which encroaches into the property on the east and south sides but does not encompass the area where the existing house or proposed garage are. The property is heavily wooded with mature deciduous trees except for the west property line, and slopes down to the wetlands to the south and east. Planner Gindele reviewed the conditional use request with the Commission, that were located in the packet. The applicant has requested a conditional use permit (CUP) to be allowed to construct a 780 square foot detached accessory structure in addition to the existing 1,040 square feet of attached accessory structure area. The cumulative accessory structure area requested is 1,820 square feet when the maximum cumulative accessory structure area allowed is 1,800. 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 13’ 4” and the house is 15’ 6” so the garage is also compliant with the maximum height restriction in the ordinance. 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 proposed garage will be 85 feet from the north rear lot line and 21 feet from the west side lot line (see variance discussion below). The applicant is proposing the garage to be located rearward of the front line of the home in compliance with the condition above. Staff has also reviewed the request on the general CUP standards, and finds that those standards are being met as described in the staff report dated November 12, 2024. Section 10- 7-4 of the Zoning Ordinance defines the criteria for reviewing and processing a conditional use permit (CUP). Planner Gindele reviewed the variance request with the Commission. The applicant has also requested a variance to allow an accessory structure that is over the maximum area allowed to have a 21-foot setback from a side lot line. One of the stated conditions of the ordinance allowing an oversized garage with approval of a CUP requires a minimum of a 50-foot setback from the side and 11/12/2024 Planning and Zoning Commission Meeting Minutes Page 3 rear property lines. The applicant is requesting the variance to allow a 21-foot setback from the west side property line. Planner Gindele offered the following variance findings: There are practical difficulties in complying with the Zoning Ordinance due to the natural features on the property (slope, wetlands, floodplain) and the fact that the most reasonable location for the detached garage on the property is in the proposed general location; any other location would require a much longer driveway on a site that has sensitive natural features. The conditions are unique to the parcel of the land and were not created by the landowner. Due to the natural features on the property and the location of the existing home as it relates to the private access road, the proposed location of the detached garage is the most reasonable location on the property. The granting of this variance will not alter the essential character of the locality because adjacent properties have also been developed with detached accessory structures near the property line of the subject property. Furthermore, the proposed setbacks are still a greater distance from the property line than the standard 10-foot district setback requirement. The variance would be in harmony with the general purposes and intent of the ordinance. The intent of the ordinance is to protect the adjacent property from visual impairment and potential stormwater runoff. The accessory structure will match the house in color and materials so that it blends in well with the surroundings. The natural slope of the subject property drains away from neighboring properties. The comprehensive plan and zoning ordinance identifies this property as a residential use, and accessory structures are allowed accessory uses within the Low-Density Residential zoning district. Staff recommends approval of the conditional use permit, subject to the findings and conditions in the attached resolution. Staff recommends approval of the conditional use permit and variance as applied for, subject to the findings and conditions in the attached resolution. Planner Gindele indicated that during a site visit it was noted that the slab had been poured and appears to be much closer than the 21 feet to the side lot line. Commissioner Kellerman questioned the location of the slab. Chair Hiltner opened the public hearing. Mr. Damond Clanton 12700 Persimmon Dr., property owner, approached the podium. He acknowledged that he knew he needed a permit to pour the slab, but chose to do it to get it in before winter so he could start construction right away in the spring. He indicated that he built the slab to the specification that he had submitted for approval. He stated that he designed the building and it was built to code with 2” of foam and has number 4 rebar in the slab and footings. There is rebar through the footing extending on to the approach/apron. He indicated that in-floor heat was also installed. He noted there will be snowmelt installed in the exterior sidewalks around the building. Mr. Clanton reiterated that the garage will meet the house standards architecturally, the same as the house. His intent is to make the garage look like it was constructed at the same time as the house. Mr. Clanton returned to the topic of the slab. He admitted that he made a mistake in the location of the slab. He stated that he assumed where the lot line was based off of where the neighbors planted their trees and the position of the utility boxes. After the conversation with staff earlier today, Mr. Clanton went out and found the property pin on the northwest corner and string lined from the iron pin to the center of Persimmon Dr. (which he indicated that his neighbor and he own and maintain 11/12/2024 Planning and Zoning Commission Meeting Minutes Page 4 the road), the setback was 10’-6”. He understands that there is supposed to be a 50’ setback due to the additional size he is requesting. He stated that if he would have had to install the building 50’ in, the garage would be in the middle of his driveway. He stated this garage is going to be used for his business, a sheet metal shop/business and his work truck. He stated that deliveries are essential for his business he needs the space between the proposed garage and the existing attached garage for delivery truck to turn around in. He then spoke of his neighbors garage that was built without a permit and is falling apart. He wanted to cover-up that building eye soar with his nicer garage to look out his front door. Blocking the neighbors off with his building gives both him and his neighbor more privacy. Mr. Clanton stated that the CUP request is for an additional 20 square feet over what the city allows. This proposed building is going to facilitate a much better work environment. Currently he is working out of the third stall of his attached garage. He noted he has been doing mechanical/sheet metal work for 25 years. The third stall on his attached garage has an 8’ brake, shear, lock form, cleat bender and bench machine, all of the equipment for his custom sheet metal fabrication business. Moving all of this equipment to a bigger garage will allow him to finish off his third stall and allow for more storage. Regarding the variance for the setbacks, he is now asking for a 10’ variance setback. He noted that staff asked him to have a survey done to confirm the setback request. He noted that he was willing to get a survey to confirm he is meeting the 10’ or 10’-6” setback. He noted the front of the building is set back 8’ rearward of the house (although staff noted upon inspection that it appears to be flush with the front of the house). He asked if there were any questions of him. Commissioner Carleton asked Mr. Clanton if he was aware that he should not have poured the slab. Mr. Clanton stated that he was absolutely aware that he should not have poured the slab. He stated that he did take pictures for documentation to show that everything was done to Code. He has all of the receipts for all the material he purchased to prove how the slab was constructed. He had excavators and concrete people that had time to pour the slab, he took advantage of it. He commented that it is “better to ask for forgiveness later”. He noted he has worked in this area for a long time and has seen some construction not done right. He feels quality is important. Chair Hiltner stated the quality is not the concern, it’s not having a permit or communication with the City. He understand the cold weather coming, however the fact that there was no permit and now the home business coming into play is the concern. Chair Hiltner stated it is the fact that you just poured the slab and the home occupation is another question. Chair Hiltner questioned the center of Persimmon Dr. as being the correct location, what if it is only 8’-9’, then there is another issue of not meeting the required setback. Mr. Clanton stated the reason he came up with 21’ was assuming the vegetation was the property line. He took full responsibility for assuming where his property line was located. He was very confident that he is meeting the 10’ setback. Curt Brown (4713 Briarwood Lane), stated that his back yard backs up to Mr. Clanton’s north (rear) property line. He stated that in his line of work he has to follow the rules and putting a commercial business in a residential neighborhood is not following the rules. He noted that Persimmon is a small road in a neighborhood with a lot of children. Mr. Brown stated that they are complying with the rules as residents and he is concerned that someone can just do whatever they want without any consequences. His concern is if one person does this, what is going to keep other people from doing similar things? 11/12/2024 Planning and Zoning Commission Meeting Minutes Page 5 Commissioner Kellerman stated concern over the placement being so close to the line, especially when it could have been placed to the north of the home and turned it to get in. The Commission looked at the aerial to see the location Commissioner Kellerman was referring to. Mr. Clanton stated that location is where his well is located, therefore it could not go there. CD Director Doty noted that when the application came in, it was not indicated that there was a business being run out of the home currently nor was staff aware that he was going to run his business out of the requested detached garage. CD Director is very familiar with the Home Occupation Code, this occupation is not an approved home occupation by code. He is going to have to contact the City Attorney to see how to handle this situation. He stated that this Commission is responsible for reviewing the CUP and variance in front of them this evening, based on the code standards. The home occupation issue is not the Commission’s responsibility to resolve. Ms. Kathy Hanfler 4697 Briarwood Lane approached the podium and asked; if you let one business come into a residential area, when will the next one move in? Mr. Clanton stated there are numerous home business around him. There is a plumber and a hair salon down Joler Road, her business traffic is far more than his. He doesn’t have many customers coming to his home, he stated only two customers have come in personal vehicles. His business is a micro-business. He is the sole owner and worker for his business for 35 years. He has deliveries on Wednesdays, no different than UPS, garbage trucks or mail man etc. He doesn’t want his neighbors to hear his noise, so he puts most of his fittings together on the jobsite. Mr. Clanton indicated the only difference is he has some heavier equipment that he uses. He isn’t trying to disrupt the neighbors with noise, just provide service and make a living. Chair Hiltner asked if there was any outside storage. Mr. Clanton indicated that there is no outside storage, material is delivered to the jobsite or he picks up the material, there is no outdoor products stored. Chair Hiltner closed the public hearing. Commission Carleton stated that she would like to accommodate him, however there are concerns and that maybe this should be tabled until next month to allow staff to work with the applicant regarding the setback and the home occupation. Chair Hiltner asked CD Director Doty if that was an option. CD Director Doty stated it was a good option to table and allow staff more time to look into the home occupation and allow Mr. Clanton time to get a survey. Chair Hiltner confirmed that the CUP was for the additional size garage and the variance for the setback, CD Director Doty indicated that is correct. Chair Hiltner asked what the applicant’s options are at this time, he asked if he could be made to move the slab. CD Director Doty stated at the Planning Commission level, there are three options, table, approve or deny. Regarding the slab, that will be left up to the building official. The building official can have him demo and re-pour the slab being he has not done a plan review on the garage to confirm the rebar size and has not inspected it; or he (the building official could allow pictures if the existing setback is approved and the pictures show him what he needs to see. CD Director Doty was not sure what he will require. CD Director Doty would have asked him prior to the meeting, however he was out of the office today. Planner Gindele asked Chair Hiltner for clarification about his comment/question to staff. Are you asking that if the application gets tabled tonight, and comes back in December and find that the 11/12/2024 Planning and Zoning Commission Meeting Minutes Page 6 survey has the setback at 9 feet, will you still have to approve or deny the application, whether the slab is there or not? And if the application gets denied, then what? Commissioner Hiltner confirmed the question as stated. CD Director Doty indicated that was another reason to table, because that setback is not known. Chair Hiltner asked if the Commission denies the 21’ variance, would the applicant have to come back through for a 10’ setback. CD Director Doty indicated that is not the intent to have the applicant come back through, it would be better to find out what the setback is to the slab before making a recommendation to the Council, but it is ultimately the Commission’s decision. MOTION by Commissioner Carleton, seconded by Commissioner Oswald to table the conditional use permit to allow an accessory structure area to exceed the maximum size allowed and a variance to allow a reduced setback to a side and a rear lot line for property located at 12700 Persimmon Drive, until the December 10, 2024 to allow the applicant time to complete a survey and to allow staff time to look into the home occupation concern. Motion carried unanimously. Planner Gindele stated this is not going to City Council on November 19, 2024 and will be coming back to this Commission on December 10th. 3. PUBLIC HEARING. Rezoning/PUD General and Final Plan to amend the current PUD to allow a Musculoskeletal Center with Urgent Care and a Pharmacy for property located at 14275 Edgewood Drive (city file 2024-036) Chair Hiltner stated that this application was tabled at the last meeting. CD Director Doty stated it was tabled at the request of the applicant to complete a traffic study. The study is complete and in the Commission packet. Chair Hiltner asked for the staff report. CD Director Doty indicated the applicant is requesting approval of a Rezoning/PUD (Planned Unit Development) General and Final Plan to amend the current PUD to allow a Musculoskeletal Center with Urgent Care and a Phamacy for property located at 14275 Edgewood Drive. The applicant is proposing to renovate the approximately 68,000 square feet of the 110,000 square foot building. The Musculoskeletal Center would include lobby space, Diagnostics, Treatment, Rheumatology, Orthopedic, Pain, Rehabilitation, Urgent Care, Pharmacy with drive through, Procedure Spaces, Imaging, Lab space, and other program and staff spaces. The remaining vacant space of the in the building would be available for future growth. Additionally, the applicant is proposing renovations to the exterior appearance of the building. While the building would look completely different after renovation, the applicant is not proposing changes to the building footprint. Lastly, the applicant is proposing renovations to the parking lot, including a redesign of the front entrance area to add green space, landscaping, and a dedicated handicap parking area. The applicant would also remove the fenced areas that were built for Camping World and would redesign the camper parking spaces to vehicle parking spaces, and parking lot islands. CD Director Doty reviewed an aerial with the Commission. He stated the subject property is currently within a PUD, Planned Unit Development that also includes 14203 and 14199 Edgewood Drive, which a located directly east of the subject property. No changes are proposed to 14203 and 14199 Edgewood Drive properties with this application, except that a new sign is proposed on the existing pylon pole for the subject property, which is located at the southwest corner of 14199 Edgewood Drive. CD Director Doty reviewed the existing aerial and proposed site plan with the Commission. 11/12/2024 Planning and Zoning Commission Meeting Minutes Page 7 CD Director Doty reviewed the previous approvals/denial with the Commission, these items were also listed in the packet. The Utility Commission reviewed the application on November 7, 2024, and recommend approval subject to the applicant completing an escrow agreement for relocated fire hydrants prior to issuance of a building permit. CD Director Doty reviewed access, drive aisles and parking with the Commission. He explained the developer is proposing 417 parking stalls on the property and 537 spaces are required, which equates to a 120-stall parking shortage. Staff notes that the 537 spaces required is a calculation of the entire building being built out with medical use, which is not proposed at this time. The applicant is proposing to address the 120 stall parking shortage through a Demonstrated Parking Plan (proof of parking). The City’s parking ordinance allows demonstrated parking to be approved to account for parking shortages if approved by the City Council. Staff notes that the applicant has shown a demonstrated parking plan including 123 parking spaces to accommodate the parking shortage. Staff has added a condition to the resolution that requires the applicant to construct the Demonstrated Parking if the City determines that there are parking shortages on the site. CD Director Doty reviewed the sidewalk connections, landscaping, parking lot islands, the traffic study, freestanding signage, the pharmacy drive though use and drive through standards, which were located in the packet. Staff recommends approval of the application, subject to the findings and conditions in the attached resolution. Chair Hiltner asked if the City is involved with the MnDOT 371/210 study. CD Director Doty stated that Public Works Director Walter and himself have been serving on a Committee with the highway corridor study that goes from the Mississippi Bridge to just south of Nisswa, for months already. He noted it has been a pretty big project with public input. He noted that City Council has been involved as well. Council Liaison/Mayor Olson indicated that he has attended a few of those meetings. Chair Hiltner opened the public hearing. Ms. Sandy Zutz-Wiczek Vice President, Clinic Operations and Administer of St. Joe’s Hospital approached the podium and introduced her team. Mr. Jason Jackovich, Facility Director for the Brainerd Area and Mr. Mike Angland, Architect with Widseth. Chair Hiltner asked if there were any questions of the Commission. Commissioner Carleton stated it seemed like a straightforward project. Ms. Zutz-Wiczek stated this will be very nice for the area, one building, single story and getting all of these different rehab departments under one roof. She added that the pharmacy drive through is one item that they have heard is needed so that people don’t need to get out of their car to go into a pharmacy to pick up their prescriptions . It’s going to be more cost efficient for the patient having everything in one place. Chair Hiltner asked about the hours of operation. Ms. Zutz-Wiczek indicated that the urgent care area will be open the same as they are now, 7 days a week with evening hours, specialty clinic will be Monday-Friday with pharmacy hours the same. Chair Hiltner asked if this was an addition to their existing locations or new. Ms. Zutz-Wiczek indicated a mix of both. The orthotropic building they are 11/12/2024 Planning and Zoning Commission Meeting Minutes Page 8 in now is on the end of it’s life, with 15 residential furnaces that Mr. Jackovich is tired of working on. Some of the specialist will be moving to allow for more primary care doctors. She indicated that this is the busiest area for Essentia being people love this area and are retiring to this location. She indicated that when they move the current urgent care location to this new proposed location, that will open 9 more primary care givers at the current location. Commissioner Carleton asked about physical therapy moving to this location. Ms. Zutz-Wiczek indicated that it was being moved to this location and she described the location for the Commission. Chair Hiltner asked about the car count in the traffic study being high, Ms. Zutz-Wiczek stated that the volume soars in the summer to the point the urgent care is as busy as the emergency room. Chair Hiltner expressed a concern for people potentially using the Cub Foods parking lot to access the clinics. Mr. Angland stated there could be some signage or a speed bump to slow down the traffic coming from Cub to the clinic. Chair Hiltner closed the public hearing. MOTION by Commissioner Oswald, seconded by Commissioner Freeman to approve the Rezoning/PUD General and Final Plan to amend the current PUD to allow a Musculoskeletal Center with Urgent Care and a Pharmacy for property located at 14275 Edgewood Drive as presented by staff in the draft resolution. Motion carried unanimously. CD Director Doty indicated that it was very nice working with Essentia and there team. 4. PUBLIC HEARING. Zoning Ordinance Text Amendment to amend Title 10, Chapter 2 “Definitions” and Chapter 3 “Zoning Districts” of the City Code to allow Cannabis Uses (City file no. 24-040) Chair Hiltner asked for the staff report. CD Director Doty indicated the applicant (City of Baxter) is requesting a Zoning Ordinance Text Amendment to amend Title 10, Chapter 2 “Definitions” and Chapter 3 “Zoning Districts” of the City Code to allow Cannabis Uses. Minnesota State Law requires local units of government to amend their City Code and Zoning ordinance to implement requirements of Chapter 342 of Minnesota Statutes. As of January 1, 2025, City’s need to have codes in place to allow for numerous different types of cannabis related businesses and uses. There are currently 13 different license categories at the State of Minnesota Office of Cannabis Management. Local units of government play a role in the state licensing process. Applicants apply to the State for a license and once vetted, the business would be required to gain local government approval. From a zoning perspective, Cannabis businesses generally fit best into retail and industrial zones. Specifically, the retail uses include Retail, Medical, and Low-Potency Hemp Retail. The industrial uses include a multitude of potential business uses including, but not limited to, things like cultivation, manufacturing, wholesalers, transporters and combinations thereof. The city is required to allow for the various uses outlined Statute within local zoning regulations. It is noteworthy that there are additional cannabis licensing code amendments that are required beyond the attached Zoning Ordinance amendments prior to January 1, 2025. The City is currently working on separate licensing code, which will be forwarded directly the City Council for their review together with the Zoning Ordinance amendments. He noted the 13 different types of cannabis licenses. Minnesota Statute 342 outlines options for the city to employ buffers and/or a retail store cap based on population. Specifically, statute allows a city to buffer a retail store to be 1,000 feet from a school 11/12/2024 Planning and Zoning Commission Meeting Minutes Page 9 and 500 feet from a day care facility, residential treatment facility or an attraction within a public park that is regularly used by minors. Statute also allows the City to establish (in ordinance) a retail store cap, which requires cities to allow one retail store for every 12,500 residents but does not have to allow more than one retail store for every 12,500 residents. Since Baxter has a current population less than 12,500 residents, the City is required to allow at least one store but can cap the number of stores to one. For the purposes of the attached drafted ordinance, City staff has proposed an ordinance that utilizes the buffers and retail cap allowed by State law. Staff notes that the Minnesota Office of Cannabis Management would determine who the retail store would be for Baxter base on a vetted application and lottery process. Lastly, staff notes that the buffer and cap option is only for retail use and is not allowed for other cannabis business uses, such as medical cannabis retail, low- potency hemp retail sales or the various types of industrial cannabis and hemp business uses. The other primary consideration for cities is to determine is what zones the various business uses would be allowed in and if the uses are permitted uses or conditional uses. Based upon staff’s review of numerous other city ordinances across the state, it is clear that cities are allowing the retail uses in commercial zones and the nonretail uses in industrial zones. There is also a lot of variety with regard to allowing the various uses as permitted uses or conditional uses. Staff’s review of the guidelines has led staff to proposing the Cannabis related retail uses as a permitted use in C-2 Commercial and to allow the remainder of the non-retail uses as a Conditional Use in the Industrial districts. Specifically, staff finds that there are less reasonable conditions of approval needed for retail establishments than industrial uses. Industrial uses, depending on type of business and location, could cause odors or other impacts to neighboring properties that may necessitate a public hearing process to determine any reasonable conditions needed for the associated use. CD Director Doty reviewed the resolution and definitions with the Commission. Staff recommends approval of the draft zoning ordinance and findings of fact resolution. Commissioner Carleton stated it looked like a lot of work went into the ordinance amendment. Chair Hiltner asked if there was a cap on industrial, CD Director Doty indicated there is not a cap on industrial, only commercial. Chair Hiltner asked about the Rise Medical Dispensary, if that would be the one retail. CD Director Doty stated that they are staying medical, and the State would make the decision if Rise would get the one retail space. He added that Rise may not get the retail sales from the state, so they would stay medical and a possible different company could open a retail store. Chair Hiltner asked if the industrial cannabis can supply the retail, the answer was yes. Chair Hiltner opened the public hearing and closed it, as there was no left in the audience. MOTION by Commissioner Carleton, seconded by Commissioner Howie to approve the Zoning Ordinance Text Amendment to amend Title 10, Chapter 2 “Definitions” and Chapter 3 “Zoning Districts” of the City Code to allow Cannabis Uses as presented by staff in the draft resolution. Motion carried unanimously. UPDATES None 11/12/2024 Planning and Zoning Commission Meeting Minutes Page 10 ADJOURN MOTION by Commissioner Kellerman, seconded by Commissioner Oswald to adjourn the meeting at 7:35 p.m. Motion unanimously approved. Approved by: Submitted By: ___________________________ ______________________________ Chuck Hiltner Shanna Newman Chair CD Administrative Assistant