Planning and Zoning Commission Meeting

PLANNING AND ZONING COMMISSION MEETING MINUTES Tuesday, May 13, 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, Howie Oswald and Tim Swanson MEMBERS ABSENT: Commissioner Larry Kellerman and Council Liaison/Mayor Darrel Olson STAFF PRESENT: CD Director Josh Doty and City Planner Matthew Gindele OTHERS: Eric Larson, Mauryah Burattini, Jamie Bieser, Sheila Boldt, Jesse Hopkins, Suzie Olson, Reid Thiesse and Nick Wacholz MINUTES 1. Approve Planning & Zoning Commission Meeting Minutes from April 8, 2025 MOTION by Commissioner Oswald, seconded by Commissioner Swanson to approve the Planning and Zoning Minutes from the April 8, 2025. Motion carried unanimously. Chair Hiltner stated that this Commission is a recommending body, and that final approval/denial of the applications on the agenda is taken up with the City Council on May 20, 2025. COMMENTS AND QUESTIONS CD Director Doty informed the Commission of the new Chick-Fil-A that is coming to town. The location will be the former gun range in front of Kohl’s. The building will be demoed, and a new restaurant will be built. The application is expected shortly. OLD BUSINESS None NEW BUSINESS 2. PUBLIC HEARING. Variance to building height requirements for property located at 13417 Cypress Drive (City file PZ2025-007) Chair Hiltner asked for the staff report. Planner Gindele stated the applicant is requesting a variance to allow an attached garage to exceed the height restrictions of the ordinance for property located at 5/13/2025 Planning and Zoning Commission Meeting Minutes Page 2 13417 Cypress Drive. Specifically, the applicant is requesting to be permitted to construct an attached garage that is taller than the principal structure. The subject property is .57 acres in size and has minimal topography. The site is already constructed with the residential structure and garage intended for the use of the facility. The site is not located in a shoreland overlay district and does not contain any wetlands or FEMA floodplain. The applicant is requesting a variance to allow an attached garage to be constructed to a height that exceeds the height of the home it will be attached to. Specifically, the applicant is requesting the variance to allow a 14-foottall garage which would be approximately 2.6 feet taller than the height of the house. The zoning ordinance states that “No accessory structure, whether attached or detached, shall exceed the height of the principal structure. However, in no case shall an accessory structure exceed twenty-five feet (25') in height in an R-1 or R-2 district”. The applicant has designed, and received a building permit, for a flat roof on the garage meeting ordinance standards for garage height. However, the applicant would like to construct a pitched roof matching the existing roof on the house so that the structure blends in better with the neighborhood as the flat roof would look out of place and stand out. The pitched roof, however, cannot be constructed to the height restrictions of the ordinance while meeting the standards required by the property owner and while working with the existing conditions of the roof structure on the home. The home is operated as a group home of sorts and has a license to operate as such from the State. The State requires a minimum garage door height of 9 feet which requires at least a 10-foot-tall wall, while the existing home is constructed with an 8-foot-tall wall. That, combined with the fact that the existing home includes a 12 inch (+) truss heel creates a practical difficulty in complying with the ordinance. Staff notes that the proposed garage height is not taller than the maximum garage height allowed by ordinance (25 feet). Planner Gindele reviewed the aerial, site plan, elevations, parking location and variance requirements that were in the packet with the Commission. He reviewed the variance conditions listed in the resolution. Staff recommends approval of the variance, subject to the findings and conditions in the draft resolution. Planner Gindele stated that applicant is here and can speak to the design and construction of the garage. Chair Hiltner asked about the size of the garage, Planner Gindele stated that he was not sure, however the applicant will know. Chair Hiltner opened the public hearing. Mr. Jesse Hopkins, HHR Architecture 14998 Riverside Dr. Brainerd, MN approached the podium. Chair Hiltner asked for the size of the garage. Mr. Hopkins stated it was roughly 25 x 30, he thought 600 sq. ft., (math equaled 750’). Chair Hiltner asked if the garage was going to match the home, “it will” was the response. Chair Hiltner asked if the roof pitch was going to match the home, “it will” Mr. Hopkins answered. CD Director Doty added that the applicant came through for a rezoning and group home conditional use permit earlier and staff appreciates the willingness to come back through for the garage addition that is required by code. 5/13/2025 Planning and Zoning Commission Meeting Minutes Page 3 Chair Hiltner asked about the 9-foot door height, he assumed it was for a van. Mr. Hopkins confirmed that it is a multi-passenger van required for the group home. Commissioner Carleton asked if the remodel included new windows, Mr. Hopkins indicated that all the windows will be replaced. Chair Hiltner closed the public hearing. MOTION by Commissioner Carleton, seconded by Commissioner Oswald to approve the variance to building height requirements for property located at 13417 Cypress Drive, as presented in the draft resolution. Motion carried unanimously. 3. PUBLIC HEARING. Zoning Ordinance Text Amendment to the permitted materials list in the OS Office District (City file PZ2025-008) Chair Hiltner asked for the staff report. Planner Gindele stated the applicant is requesting consideration of a zoning ordinance text amendment to allow up to 100% architectural metal panels in the OS, Office Service district. Specifically, the applicant is proposing an office building within the OS, Office Service district that is sided with 100% architectural metal panel siding and roofing. The proposed office building would be located on the vacant lot directly east of 7870 Excelsior Road straight north of Super One. Planner Gindele reviewed the verbiage amendment of Section 10-4-10 with the Commission. He gave the Commission the history of why the corrugated metal was limited originally and the difference between architectural metal and non-architectural metal. He also indicated the additional information that was handed out prior to the meeting that was not included in the packet which included color renderings of the proposed building. Staff recommends approval of the draft zoning ordinance amendment and the finding of fact resolution. CD Director Doty noted that materials have changed a lot over the past 10 years, and the number of times staff has changed the ordinance to allow for newer material types. Chair Hiltner opened the public hearing. Ms. Mauryah Burattini, 9142 Humming Bear Ln Breezy Point and Jamie Bieser, 160 Pineview Dr. Brainerd approached the podium. Mr. Bieser said it was interesting to learn and understand the architectural language. He stated this is a tough needle to thread, meeting the guidelines and the new products now available. Mr. Eric Larson, Nor-Son Construction 7900 Hastings Rd. Baxter approached the podium. He questioned the language clarity, as they deal with trying to distinguish the difference with their clients. He questioned the corrugated metal, as some have exposed fasteners and other corrugated metal has concealed fasteners. He asked if a different definition was going to be required or can it just be architectural and non-architectural metal. Planner Gindele stated currently that is what the codes states and what staff is trying to do is make the distinction not only between architectural metal and non-architectural metal, but also between corrugated and non-corrugated metals. Mr. Larson stated it can be confusing. CD Director Doty stated the spirit and intent is to keep the 5/13/2025 Planning and Zoning Commission Meeting Minutes Page 4 corrugated metal with exposed fasteners limited in the OS District, while allowing it in the Industrial District and allowing 100% non-corrugated architectural metal panels in the OS district. He gave the example of Menard’s needing a variance for the amount of corrugated metal that did not have exposed fasteners. Chair Hiltner asked who makes the call on what is allowed; Doty stated it is looked at the time of permitting by staff. Chair Hiltner Closed the public hearing. MOTION by Commissioner Oswald, seconded by Commissioner Swanson to approve the Zoning Ordinance Text Amendment to the permitted materials list in the OS District as presented in the draft resolution. Motion carried unanimously. 4. PUBLIC HEARING. Rezoning from R-S, Residential Staging to PUD, Planned Unit Development; a PUD General and Final Plan for Phase 1 of the Children’s Museum to include a Children’s Outdoor Adventure Facility; and a Preliminary and Final Plat to allow “Third Addition to City Center of Baxer” to create one buildable from an outlot located at 12170 Ironwood Drive (City File PZ2025-009) Chair Hiltner asked for the staff report. CD Director Doty stated the applicant is requesting approval of the following items for the 9-acre site:  Rezoning from R-S, Residential Staging to PUD, Planned Unit Development;  PUD General and Final Plan for Phase 1 of the Children’s Museum to include a Children’s Outdoor Adventure Facility; and  Preliminary and Final Plat to allow “Third Addition to City Center of Baxer” to create one buildable from an outlot. The development includes Phase 1 of the Children’s Museum to include a Children’s Outdoor Adventure Facility. Specifically, the development would include a 2,460-square-foot Outdoor Adventure Building, parking facilities, water/storm water features, a trail system and a multitude of outdoor adventure site amenities. Future phase would include the ultimate construction of a Children’s Museum. The Children’s Museum is shown on the plans but is not requested for approval at this time. The applicant would return come back through the process of a PUD Amendment at receive approval of the Children’s Museum Building. CD Director Doty reviewed an aerial of the location, site plan, floor plan, parking lot, preliminary and final plat, park dedication and architectural materials that were included in the packet. The Utility Commission reviewed the application on May 7, 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, Sanitary Sewer, and Water Main 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. CD Director Doty indicated that staff is very supportive of this application and feels it will be a nice addition to Baxter. Staff recommends approval of the Preliminary and Final Plat, Rezoning, and PUD General and Final Plan subject to the Ordinance and conditions and findings in the attached resolutions. 5/13/2025 Planning and Zoning Commission Meeting Minutes Page 5 Commissioner Swanson asked if this is going to be a year around location and is the parking lot adequate for school buses. CD Director Doty indicated the applicant can respond to those questions. Chair Hiltner opened the public hearing. Mr. Eric Larson, Nor-Son 7900 Hastings Rd. Baxter approached the podium. He stated that the parking lot was designed for the complete build out and regarding the buses, they will drop the children off and leave. The plan is to not have buses on site idling. He stated that the reason the stormwater pond is going south of the property line is because the site is picking up road drainage and that is a low spot on the land. CD Director Doty asked if the children’s museum was interested in having buses in the future, is there an ability to have a looped driveway in front of the museum for buses should there be any concerns. Mr. Larson indicated that what is not shown on the phase 1 plan is a dedicated bus drop- off location that could be added in a future phase. Chair Hiltner asked how the museum works, is it pay as you go or membership type of use. Mr. Larson indicated it’s a membership. Chair Hiltner asked about maintenance for 10-15 years down the road, how is it going to be maintained and is it going to be staffed fully. Ms. Sheila Boldt 13556 Sorenson Rd. Merrifield, Communication Manager for WonderTrek indicated yes, there will be different rates of membership based on a sliding scale to assist with trying not to turn families away due to income and there will be day passes. She indicated there will be full staff for maintaining the museum. She indicated that she is also, by contract the horticultural specialist, and the goal is to keep the land as natural and native planting as possible, and each area will have maintenance. Chair Hiltner gave history of an area down by the river that started out nice, but it ended up not being maintained and no one wanted to go there anymore, that is the concern. Ms. Boldt indicated that they have been running a mobile play lab going around Region 5, using their parks and facilities, this way they can host and beautify their own property. There is also an environment program to help them keep the grounds maintained. Chair Hiltner asked if this was open year-round, Ms. Boldt indicated that it will be open year around, they have found that the mental health of children drops drastically when they don’t play outside in the winter. Chair Hiltner asked if it will be fully funded by the membership, Ms. Boldt indicated that it is not fully funded by the membership, they currently have MDE and DNR grants to help fund all the winter equipment including snow jackets and hats for the children who may come unprepared for winter activities. They currently have a bill at the legislature that would also assist with funding, if approved. Chair Hiltner asked if there was outreach to other communities, Ms. Boldt indicated that is correct that Region 5 is written into the by-laws and they are also going to keep their mobile play lab for tribal communities that don’t have buses to bring their children to Baxter. Commissioner Carleton asked if there were other WonderTrek facilities, Ms. Boldt indicated that this is different from other children’s museums, no there are not any others like it. They are their own non-profit and are members of the Children’s Museum network, so they do work with other children’s museums and there is a pass that they will be part of also. She noted that this museum is going to have much more outdoor activities on 5 acres. Chair Hiltner asked if there was a timeline for phase 2. Ms. Boldt indicated in a couple of years; they are working on the plans currently. Commissioner Swanson asked about the timeline for phase 1. Ms. Boldt indicated they are hoping for this winter, hopefully a New Year’s Day kick-off. She 5/13/2025 Planning and Zoning Commission Meeting Minutes Page 6 indicated they are currently working out of the Franklin Art Center and last year on New Year’s Eve they had over 150 people participate in a little studio, she feels the community is ready for this. Chair Hiltner asked staff if the road extension is fully funded by the applicant, CD Director Doty indicated that it is funded by WonderTrek. Mr. Reid Thiesse 20212th St. Staples, Director of Facilities with Sourcewell approached the podium. He has been partnering with WonderTrek since working with Sourcewell. Mr. Thiesse responded to the road questions, he explained how they did step back and look at the future development of the other two lots that are part of this project, Sourcewell currently has no intentions to develop those two lots. He noted that CTC previously owned the lots and assisted in acquiring those lots for the children’s museum. Mr. Thiesse informed the Commission that for WonderTrek to get funding they had to have support from local city government. He noted the City Administrator Brad Chapulis and WonderTrek tried, however it wasn’t the best fit, so Sourcewell is acting as the local unit of government and donated $5 million to kick the project off. Sourcewell is acting as the local city government owner and is currently working on a long-term lease with WonderTrek, it could be a 30– 50-year lease. Commissioner Carleton indicated that she is abstaining from voting, being Ms. Boldt is her daughter. Chair Hiltner closed the public hearing. MOTION by Commissioner Oswald, seconded by Commissioner Swanson to approve the rezoning from R-S, Residential Staging to PUD, Planned Unit Development; a PUD General and Final Plan for Phase 1 of the Children’s Museum to include a Children’s Outdoor Adventure Facility; and a Preliminary and Final Plat to allow “Third Addition to City Center of Baxer” to create one buildable from an outlot located at 12170 Ironwood Drive, as presented in the draft resolution. Motion carried unanimously. UPDATES CD Director Doty stated that Essentia Health had the groundbreaking tonight. Chair Hiltner went back to the WonderTrek application and asked that they put a flag on the property to teach the children the meaning of the flag. Commissioners asked about Kwik Trip, the update is the permits are in and under review. CD Director Doty informed the Commission that it is a very busy year with single family homes being higher than previous years, noting that by April of this year the number had passed all of last year. There is also the 73-unit apartment building currently being worked on. There was a good on-site meeting with staff trying to save as many trees as possible. ADJOURN MOTION by Commissioner Carleton, seconded by Commissioner Swenson to adjourn the meeting at 6:56 p.m. Motion unanimously approved. Approved by: Submitted By: 5/13/2025 Planning and Zoning Commission Meeting Minutes Page 7 __________________________ ____________________________ Chuck Hiltner Shanna Newman Chair CD Administrative Assistant