Planning and Zoning Commission Meeting

PLANNING AND ZONING COMMISSION MEETING MINUTES Tuesday, January 14, 2025 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 Gwen Carleton, Tim Swanson, Larry Kellerman and Council Liaison/Mayor Darrel Olson MEMBERS ABSENT: Commissioner Howie Oswald STAFF PRESENT: CD Director Josh Doty OTHERS: Scott Bakeberg, Lisa Wadsen, Brian & Julie Sedlachek, Matthew Lepke, Jason Mellenthin, Chris Raimann, Travis Miller and Jeremy Johnston MINUTES 1. Approve Planning & Zoning Commission Meeting Minutes from December 10, 2024 MOTION by Commissioner Carleton, seconded by Commissioner Kellerman to approve the Planning and Zoning Minutes from the December 10, 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 January 21, 2025. COMMENTS AND QUESTIONS None OLD 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. The applicant is still working on getting a survey of the property. This item will need to be tabled until the February Planning Commission meeting. MOTION by Commissioner Kellerman, seconded by Commissioner Swanson to table the conditional use permit to allow an accessory structure area to exceed the maximum size allowed and a variance 1/14/2025 Planning and Zoning Commission Meeting Minutes Page 2 to allow a reduced setback to a side and a rear lot line for property located at 12700 Persimmon Drive. Motion carried unanimously. NEW BUSINESS 3. PUBLIC HEARING. Variance to sign height requirements for property located at 7181 Novotny Road (City file 2024-45) Chair Hiltner asked for the staff report. CD Director Doty stated the applicant is requesting a variance to allow a freestanding sign to exceed the height restrictions of the ordinance for property located at 7181 Novotny Road. The subject property has previously been approved for development of a Kwik Trip gas station. CD Director Doty reviewed the aerial map and site plan with the Commission. The subject property currently has little to no topography and no trees since it was cleared and graded in preparation for development of the Kwik Trip station. The east side of the property contains a wetland. There is not a floodplain on the subject property. The applicant is requesting a variance to allow a freestanding sign to exceed the height restrictions of the ordinance. The ordinance standard limits sign height to no more than six feet (6') in height above the principal structure found by adding the wall height to half of the gabled peak or parapet, not to exceed a maximum of forty feet (40'). The height of the proposed building is approximately 18’ 4” meaning the maximum sign height allowed under the ordinance standard is 24’ 4”; the applicant is requesting sign height of 40 feet. Staff notes that the proposed sign height is not taller than the maximum sign height allowed by ordinance (40 feet). CD Director Doty reviewed the variance standards provided in the packet with the Commission. Staff recommends approval of the variance, subject to the findings and conditions in the attached resolution. Chair Hiltner opened the public hearing. Mr. Matthew Lepke, with Kwik Trip, stated that he overlooks all the signage for the Kwik Trip locations. Chair Hiltner asked Mr. Lepke how the height of the sign was determined. Mr. Lepke stated that they employe a professional sign surveyor that goes all over the country looking at signage. Not just for Kwik Trip but other national C-store chains and chains as big as Love’s. What he does is he raises a blimp to different spots to take video about a mile out in each direction and takes still shots with his Apple watch and complies a report. He then uses the artwork for the sign, and he knows the tick mark on the rope that tells him how tall the blimp is. Then he super imposes the signage to see how high the signage needs to be placed. The signage is tailored to each location, some locations are 130 feet tall, this sign just needs to be taller than the credit union building to be able to see where to turn. Chair Hiltner asked if the size of the sign was being increased or just the height. Mr. Lepke stated the sign is not getting larger, in fact the same sign is used at several locations including locations where signage is limited to 25 feet tall. Commissioner Kellerman asked if the 40-foot height is adequate from the blimp assessment. Mr. Lepke indicated that the whole sign may not be seen but the Kwik Trip logo and gas prices will be seen at that height. Commissioner Carleton asked about the southern 1/14/2025 Planning and Zoning Commission Meeting Minutes Page 3 direction and visibility. Mr. Lepke said it will mostly be determined at the time of the year, with the bend in the road and the trees. In the winter there will be better visibility due to the lack of leaves on the trees. Commissioner Swanson asked about the brightness of the sign. Mr. Lepke stated they are built with automatic dimmers within the sign to control the brightness. Chair Hiltner closed the public hearing. MOTION by Commissioner Kellerman, seconded by Commissioner Swanson to approve the variance to sign height requirements for property located at 7181 Novotny Road as presented by staff in the draft resolution. Motion carried unanimously. 4. PUBLIC HEARING. Preliminary and Final Plat to allow “Timberline Heights” to create one buildable lot; Land Use Map Amendment from Medium Density Residential to High Density Residential; Rezoning from R-2, Medium Density Residential a to PUD, Planned Unit Development, and a PUD General and Final Plan for a 73-unit apartment for property located north of Clearwater Road and west of JMS Baxter Estates having PID No. 40060711. (City File # 2024-043) Chair Hiltner asked for the staff report. CD Director Doty stated the applicant is requesting approval of the following items for the 16.6-acre site:  Preliminary and Final Plat to allow “Timberline Heights” to create one buildable lot.  Land Use Map Amendment from Medium Density Residential to High Density Residential  Rezoning from R-2, Medium Density Residential to PUD, Planned Unit Development; and  PUD General and Final Plan to allow a 73-unit apartment development. CD Director Doty reviewed an aerial, plat, building orientation of the subject property with the Commission. The development includes a 4-story 73-unit apartment building with the ground floor being tuck- under parking. The apartment would be oriented north-south so that the front of the building would primarily face west. The development is planned to have trail access all the way around the apartment building and preserves the natural wetland basin to the east. The development would include amenities such as a carwash and pet wash on the ground floor of the apartment and play area, pool, and pickleball court to the west of the apartment building. The development also provides the cul-de-sac extension for the single-family residential neighborhood to the west. Additionally, each unit would include a balcony, and its own laundry room complete with washer and dryer. The Utility Commission reviewed the application on January 8, 2025, and recommends approval subject to the following conditions: 1. Enter into a Development Agreement prior to issuing a building permit. 2. Enter into a Construction Repair and Maintenance Agreement for Stormwater Utilities and Water main for Timberline Heights prior to issuing a building permit. 3. Execute a Permanent Hydrant Access Easement prior to issuing a building permit. 4. Enter into a Stormwater Facilities Maintenance Agreement prior to issuing a building permit. 1/14/2025 Planning and Zoning Commission Meeting Minutes Page 4 CD Director Doty reviewed the proposed rezoning from R-2 to PUD allows for flexibility in ordinance standards, staff reviewed the application based on R-3 for the subject High Density Residential development as a baseline for zoning review. The R-3 district requires a minimum lot area of 25,000 square feet and a minimum lot width of 120 feet for corner lots. The plat would create one lot that exceeds these minimum standards and complies with the minimum standards of the zoning ordinance. CD Director Doty reviewed the right-of-way, access/traffic, park dedication, Comprehensive plan/Future Land Use Map Amendment and transition findings with the Commission, all of those items were in the packet. Within the packet staff reviewed the rezoning to PUD and PUD General and Final Plan including building setbacks, parking, units per building, trail connections, wetland buffer, landscaping, development amenities and architectural review with the Commission. Staff finds that the PUD development plan allows for minimal impact to the natural landscape for the proposed development by limiting the amount of construction disturbance to preserve existing trees and the wetland. The PUD offers flexibility to the developer as it relates to unit totals per building, building setback, parking stall dimensions, and roof pitch. In turn, the developer is proposing project upgrades such as: a wetland buffer, preservation of natural landscape, trail connectivity, climate- controlled garage, and related amenities for residents. Except for the flexibility requested, the development meets the City’s ordinance requirements. With the conditions in the approving resolutions, the design of the development and building would meet or exceed all the City’s requirements. It was noted that the developer has gone above and beyond to save trees and connectivity for this proposed project. CD Director Doty reviewed the requested PUD flexibility. He reviewed the renderings and elevations with the Commission. Staff recommends approval of the Preliminary and Final plat, the Comprehensive Plan Amendment, Rezoning and PUD General and Final Plan subject to the ordinance and conditions and findings in the draft resolutions. Commissioner Swanson asked about the pool area and how it was going to be secured. Chair Hiltner opened the public hearing. Mr. Chris Raimann, Architect for Kuepers and Prairie Lakes Management approached the podium. He stated there will be a six-foot-tall fence around the pool, the State requires five foot, however they are going six feet and there will be a key card access. Commissioner Swanson asked if the pool will only be for residents and their guests; Mr. Raimann indicated that is correct. Commissioner Swanson asked if there were going to be specific pool hours, the answer was yes. Commissioner Swanson asked what the proximity to the amenities and west towards the mill run development. Mr. Raimann indicated from the playset to the property line is roughly 82-85 feet. The western pool enclosure is 118 feet from the property line and the squiggly line is trees being preserved. Mr. Raimann indicated that the company has owned this property for six years. Over that time several different proposals have been thought of including a large townhome development, however 1/14/2025 Planning and Zoning Commission Meeting Minutes Page 5 this design seemed to be the best fit to save the trees and works well with the wetland. Commissioner Kellerman asked about the property to the northeast is going to be buildable. Mr. Raimann indicated that there will not be anything built on that property. This is just one PUD overlay on one lot. Chair Hiltner asked how high the garage floors are to not be in swamp and where is the run-off from the garages going to be, regarding snow and ice etc. Mr. Raimann indicated there were several test pits dug by a specialist to determine the monolithic soils. He indicated that Baxter requires 3 feet of separation by code and the drains in the garage will drain into the storm water basin not into the wetland. CD Director Doty explained the water tables in Baxter to the Commission. Commissioner Swanson asked about the overall height of the building. Mr. Raimann indicated from the ground to the highest point is 45 feet. He asked CD Director Doty if he was correct that 45 feet is the maximum height in the R-3 District, that was correct. There was a brief conversation on the height of the trees on the site, it was noted there were very large trees that were going to be saved. Chair Hiltner asked about exit doors for some people on the end, Mr. Raimann indicated that by code there are two required exit enclosures that are stair shafts that are 1 hour fire protected and led out to the garage. A floor plan was brought up on the screen to show Chair Hiltner the layout. Mr. Jason Mellenthin 14717 Wildflower Dr. approached the podium. His concern was the buffer regarding the wetland and grove of trees. He acknowledged that he is biased as this is being built in his backyard. The concern regarding the 15-20 foot buffer doesn’t seem like it is wide enough for the animals in that corridor. He named off several animals that he has seen, and he is concerned about the disruption this is going to cause. Chair Hiltner closed the public hearing. MOTION by Commissioner Kellerman, seconded by Commissioner Carleton to approve the preliminary and final plat to allow “Timberline Heights” to create one buildable lot; Land Use Map Amendment from Medium Density Residential to High Density Residential; Rezoning from R-2, Medium Density Residential a to PUD, Planned Unit Development, and a PUD General and Final Plan for a 73-unit apartment for property located north of Clearwater Road and west of JMS Baxter Estates having PID No. 40060711, as presented by staff in the draft resolution. Motion carried unanimously. 5. PUBLIC HEARING. Future Land Use Map amendment, Rezoning and conditional use permit for a Group Home serving 12 individuals for property located at 13417 Cypress Drive (City file 2024-046) Chair Hiltner asked for the staff report. CD Director Doty stated the applicant is requesting approval of the following for the .57-acre site 13417 Cypress Drive:  Future Land Use Map Amendment from Medium Density Residential to High Density Residential.  Rezoning from R-2, Medium Density Residential to R-3, High Density Single Family Residential; and  Conditional Use Permit to allow a group home serving 12 adult males between the ages of 12 to 18 years old. The applicant, Village Ranch Inc. is requesting the Future Land Use amendment, Rezoning and CUP to allow a 12- bed group home facility. The facility would serve 12 males between the ages of 12 to 18 years old. The facility would be licensed by the State of Minnesota as a Group Home and a screening 1/14/2025 Planning and Zoning Commission Meeting Minutes Page 6 process would be in place to determine the residents of the facility. None of the occupants would be allowed to have a vehicle. Therefore, the only vehicles would be staff, which would be one to two- three vehicles. CD Director Doty reviewed the aerial with the Commission, showing the residential surroundings of the site. He also reviewed the current floor plan and the proposed floor plan. The subject property has been used for a similar use for many years. There is no Conditional Use Permit on file for the existing property. Therefore, the former Pinehaven facility that operated in the existing building (now closed) had a cap of serving 6 individuals. If approved, the applicant would complete significant interior renovations. However, no exterior site changes or building expansions are proposed with this application. The applicant is requesting a Comprehensive Plan Amendment to amend the City’s Future Land Use Plan from R2 to R3 to allow the opportunity to apply for a CUP for a residential care facility serving 12 individuals. Staff finds that the proposed future land use plan and rezoning would provide an adequate transition from R2 to R3. The only change would be that the transition between R2 and R3 occurs one lot further to the south. The application does not include a spot zone. Additionally, the residential building on the property can service the proposed use with interior remodeling. Lastly, the subject property is serviced by city sewer and water and access is directly from Cypress Drive. Therefore, adequate infrastructure is available. City staff supports the reevaluation of the comprehensive plan. CD Director Doty reviewed the conditional use request with the Commission. The applicant, Village Ranch Inc. is requesting the CUP to allow a 12-bed group home facility. The facility would serve 12 males between the ages of 12 to 18 years old. The facility would be licensed by the State of Minnesota as a Group Home and a screening process would be in place to determine the residents of the facility. There would be one to two staff on site. None of the occupants would be allowed to have a vehicle. Therefore, the only vehicles would be staff, which would be one to two-three vehicles. The applicant has provided detailed information on the proposed use. The zoning ordinance allows a group home serving 6 or fewer people in the R-1 and R-2 districts. In the R-3 district, the zoning ordinance allows residential facilities serving between 7 to 16 individuals provided the use is license by the State of Minnesota. CD Director Doty informed the Commission that the applicant held an informational meeting last Thursday for this proposal. Staff recommends approval of the Future Land Use map amendment, the Rezoning and Conditional Use Permit for Village Ranch LLC, subject to the ordinance and findings and conditions in the attached ordinance and resolutions. Commissioner Carleton asked if there was going to be an expansion. CD Director Doty stated there will be some extensive interior remodeling taking the garage and turning it into a kitchen/dining area, no exterior construction other than removal of the garage door and windows. Chair Hiltner opened the public hearing. 1/14/2025 Planning and Zoning Commission Meeting Minutes Page 7 Mr. Scott BakeBerg, CEO of Village Ranch Inc. approached the podium. Commissioner Kellerman noted that there were different types of programs at their different locations, which type of home would this be. Mr. Bakeberg stated this facility would be for children in need of protective services or who have committed a crime that they are coming to the facility for mental health therapy. Commissioner Kellerman asked if this was a higher level of care. Mr. Bakeberg indicated that there are several levels of juvenile care, the highest being juvenal detention, PRTF (physiatry residential treatment facility) deals with severe mental health and medicine management, then there are residential treatment with staff, then residential group home, then foster care. Mr. Bakeberg indicated they are a residential group home, on the lower level of care. He indicated that they have screeners that look at referrals weekly for all of the facility. They have medical and metal health persons with over 200 years of experience in that room on that day. He stated that his company does not have contracts with any counties and are not required to take a child if that child doesn’t fit into their program. Commissioner Kellerman asked about the length of the stay, noting it may differ by case. Mr. Bakeberg indicated when they first started they were like an orphanage, 2-3 years a child would stay, now it’s more like 6-9 months. Last year the census was 8.3 months. Commissioner Kellerman asked about staffing and the children being monitored. Mr. Bakeberg stated there is day staff and there is one staff on overnight with the children. He noted the children will not be allowed to run around the area or run to Kwik Trip for a pop. The older children, if appropriate, can get a job. During the day while the kids are in school there is a program director there doing meetings and, in the evening, when the kids are there, two staff members are present. The programing is skills, family focus group and therapy. They have retired teachers, probation officers and metal health persons that work with the family to have the readiness for the child to return home. Mr. Bakeberg indicated that they keep the kids busy, he doesn’t like seeing them sitting on their phones. Commissioner Kellerman asked about security, Mr. Bakeberg stated there is some security there now, however, they are going to re-do the security system. They alarm all windows and doors to know if someone is trying to get out at night. He noted that the interior doors are also alarmed for staff to know if someone is moving around. He stated when the older windows get replaced the security will be installed at that time. Commissioner Kellerman asked about the fence if it was a benefit for them. Mr. Bakeberg stated he was told the reason it was fenced was for the previous owner’s dog, the fence doesn’t matter to them, as none of their other facilities have fences. Commissioner Swanson asked about the timeframe for opening. Mr. Bakeberg indicated that they are at the mercy of the State of Minnesota, he has to work with them on several aspects of opening the group home. He noted that when you go over 10 beds the State requires a commercial kitchen, thus the reason for the garage conversion. He is hoping to be open in two months. There was conversation about the abandoned cars on the site. It was asked if the applicant would be using them, Mr. Bakeberg indicated that they do not know the condition of the vehicles that are snow covered, and they would have them removed. They use a cargo van (15 person) to haul the children to different locations if needed. He indicated that they take the children to school and activities such as the movies or a park when they have deserved a reward. Chair Hiltner asked if the kids they work with are from only Crow Wing County or if they come from different locations. Mr. Bakeberg indicated that the kids come from various locations, they currently work with 79 counties in Minnesota. However, they do not take any children from other states. 1/14/2025 Planning and Zoning Commission Meeting Minutes Page 8 Commissioner Swanson asked about the public informational meeting they held. Mr. Bakeberg stated they held a public meeting at the Pizza Ranch in Baxter and no one showed up. He did have someone call and ask if they were interested in purchasing their home. He indicated to the Commission that they weren’t ready to move forward on another purchase. CD Director Doty noted that there was an additional condition added to the resolution, it was Number 11 and was placed at their chairs. Chair Hiltner closed the public hearing. MOTION by Commissioner Carleton, seconded by Commissioner Swanson to approve the Future Land Use Map amendment, rezoning and conditional use permit for a group home serving 12 individuals for property located at 13417 Cypress Drive as presented by staff in the draft resolution. Motion carried unanimously. 6. PUBLIC HEARING. Future Land Use and Zoning Amendments, Preliminary and Final Plat of “Sedlachek Business Park” and a Conditional Use Permit for joint access for property located 7096 Fairview Road (city file 2024-047) Chair Hiltner asked for the staff report. CD Director Doty stated the applicant is requesting approval of the following items for the roughly 4.6-acre site:  Future Land Use Map Amendment from Low Density Residential to Office  Rezoning from R-1, Low Density Residential to OS, Office Service  Preliminary and Final Plat to allow “Sedlachek Business Park” to create one lot and one outlot from three lots; and  Conditional Use Permit (CUP) to allow joint access. KLD is proposing to develop this 1.8 acres of the 4.8-acre site with a 3,008-square-foot office building and associated site improvements. The property owners are proposing the office building for their business, Central Choice Financial. CD Director Doty reviewed the site plan and aerial with the Commission. He noted a wetland delineation has been completed and none of the development will impact the wetlands. He reviewed the proposed plat, development plan including the parking lot, trees being saved and storm water treatment. The Utility Commission reviewed the application on January 8, 2024, and recommended approval of the plat, subject to the following: 1. Enter into a Development Agreement prior to issuing a building permit. 2. Enter into a Construction Repair and Maintenance Agreement for Sanitary Sewer and Water Main for Sedlachek Business Park prior to issuing a building permit. 3. Execute a Permanent hydrant Access Easement prior to issuing a building permit. 4. Enter into a Stormwater Facilities Maintenance Agreement prior to issuing a building permit. The Utility Commission did table finalization of the above listed agreements to their February 5, 2025, meeting. City staff has added these items as conditions to be completed prior to the issuance 1/14/2025 Planning and Zoning Commission Meeting Minutes Page 9 of a building permit. Staff has no concerns about these items being tabled by the Utilities Commission, while the rest of the application process moves forward. Lastly, the utilities commission did also discuss that the 66-foot private easement should be reduced to 40 feet. The reasoning is that 66 feet is the city’s old Right-of-way width standard. Therefore, the 66-foot easement could imply that public street is planned in the future, which is not needed to develop the north lot as office use. Staff has added a condition to the resolution that the private easement be reduced from 66 feet. The applicant is requesting a Comprehensive Plan Amendment to amend the City’s Future Land Use Plan from Low Density Residential to Office for the north property, which is proposed to be platted as an outlot. Staff finds that while the Future Land Use map appears to be a spot guiding, the choice of office use for the north lot is to provide a better transition from business use to single family residential use. Keeping the north lot as residential provided a more abrupt transition from single family to commercial land use. The applicant is proposing to re-guide and re-zone the north lot to office use. The north lot is not proposed for development currently. However, the re-guiding and rezoning is proposed now because the only access to the north lot is across the subject property to the south. There is not sufficient space on the land to the south to add an 80-foot public right-of-way for a city street, which is needed to serve residential single-family development and allow an office development to the south. With the proposal, the applicant could extend the private driveway on the east side of the property to the north as a shared private drive to serve development to the north when/if proposed in the future. Staff notes that this access condition creates support for re-consideration of Future Land Use and Zoning of the north lot. CD Director Doty reviewed the analysis of the preliminary and final plat with the Commission. CD Director Doty reviewed the requested conditional use permit stating the applicant is requesting a conditional use permit, CUP to allow joint/cross-access between the proposed south lot of the plat and the north outlot of the plat. The landowner currently owns both properties. The zoning ordinance permits the setback for parking and drive aisles to be reduced to zero to allow joint driveway and parking across lot lines with approval of a conditional use permit, provided that: ● Driveways and parking areas are designed to accommodate a safe traffic pattern ● Design requirements are met. ● An access master plan is submitted ● A cross-access easement be submitted for approval by the city attorney and recorded. Staff noted that the plans for development of the south lot serves as the master plan or joint access. The plans clearly identify that the east access road, east sewer extension, east water extension and private easement together with the requested CUP are establish the joint access master plan between the two properties. The east access road meets the city’s design requirements for joint use and would include a safe traffic pattern. Staff has added a condition to the approving resolution that the applicant shall submit a joint/cross-access easement for review and approval by the City Attorney and that the easement is recorded with Crow Wing County with the plat. 1/14/2025 Planning and Zoning Commission Meeting Minutes Page 10 Staff recommends approval of the future land use amendment, rezoning, preliminary and final plat, and conditional use permit, subject to the findings and conditions in the draft ordinance and resolutions. Chair Hiltner opened the public hearing. Mr. Jim Kramer, KLD and applicant approached the podium. He stated that CD Director Doty did a good job explaining the proposed project. There were questions regarding the access to the parcel, it was an old driveway for the home that was torn down. Chair Hiltner asked if an elevator was going to be required with the two levels. Mr. Travis Miller with TWM Architecture approached and stated the occupant load is under 29 therefore an elevator will not be required. Chair Hiltner asked if there was going to be fire protection in the building. Mr. Miller indicated they are under the occupancy and square footage the state would require for fire protection. Chair Hiltner closed the public hearing. MOTION by Commissioner Carleton, seconded by Commissioner Kellerman to approve the Future Land Use and Zoning Amendments, Preliminary and Final Plat of “Sedlachek Business Park” and a Conditional Use Permit for joint access for property located 7096 Fairview Road, as presented by staff in the draft resolution. Motion carried unanimously. UPDATES None ADJOURN MOTION by Commissioner Carleton, seconded by Commissioner Swanson to adjourn the meeting at 7:32 p.m. Motion unanimously approved. Approved by: Submitted By: _______________________________________________________________ Chuck Hiltner Shanna Newman Chair CD Administrative Assistant