Planning and Zoning Commission Meeting

PLANNING AND ZONING COMMISSION MEETING MINUTES Tuesday, October 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 Larry Kellerman, Gwen Carleton, Howie Oswald, and Council Liaison/Mayor Darrel Olson MEMBERS ABSENT: Commissioner Tim Swanson STAFF PRESENT: CD Director Josh Doty and City Planner Matthew Gindele OTHERS: Jeff VanSlooten, Lucas Mueller, Craig Fink, Jake Wille, Wayne Stark, Dan Scheafer, Colin Oglesbay, Marv & Mary Vierzba Prior to the minutes Commissioner Kellerman asked that item 4 and five be switched. If number 5 isn’t approved, there would be no impact on number 4. The items were switched. MINUTES 1. Approve Planning & Zoning Commission Meeting Minutes from September 9, 2025 COMMENTS MOTION by Commissioner Carleton, seconded by Commissioner Kellerman to approve the Planning and Zoning Minutes from the September 9, 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 October 21, 2025. COMMENTS AND QUESTIONS None OLD BUSINESS None NEW BUSINESS 2. PUBLIC HEARING. Variance to a side yard setback for property located at 7650 Goedderz Road. (City file 2025-028) 10/14/2025 Planning and Zoning Commission Meeting Minutes Page 2 Chair Hiltner asked for the staff report. Planner Gindele stated that the applicant is requesting a variance to allow an emergency escape stoop to extend into the side yard setback for property located at 7650 Goedderz Road. The stoop is proposed for an emergency exit door that needs to be installed to provide a safe exit from the building. The proposed stoop would extend five feet out from the building leaving a 3-foot 5.75-inch setback to the side lot line when 10 feet is required. Planner Gindele reviewed the aerial, stoop location and floor plan with the Commission. He noted that the Building Official did review the plan and did not have any issues with its proximity to the lot line from a building code or fire safety standard. The applicant is proposing to construct an emergency exit on the west side of the building to provide a safe exit from the building in the event of an emergency. The applicant states that due to the interior layout of the building, there are areas within it that could be cut off from a safe exit if the building were to catch fire. The proposed emergency exit and stoop would provide another emergency exit from the area of the building that could get cut off from a safe exit. The structure currently has an 8-foot 5.75-inch setback from the west side lot line. The Industry Office district requires a minimum of a 10-foot side yard setback. The proposed stoop would extend 5 feet out from the building leaving a 3-foot 5.75-inch setback to the side lot line when 10 feet is required. Planner Gindele reviewed the variance findings with the Commission. Staff recommends approval of the conditional use permits and variance, subject to the findings and conditions in the attached resolution. Chair Hiltner asked if there was a proposed roof over the stoop, Planner Gindele indicated there is not a proposed roof. Chair Hiltner opened the public hearing. Mr. Jeff VanSlooten, BCI Construction Sauk Rapids, MN approached the podium. He stated his company has done previous work with the tenant and they reached out to them for this modification. He indicated that they looked at other locations, however with the sloped roof there would be a need for a roof, with the end location there was no reason for a roof, thus a cost savings for the customer. Commissioner Carleton asked why it’s called a stoop, it was explained that it is a concrete pad with footings. Chair Hiltner closed the public hearing. MOTION by Commissioner Kellerman, seconded by Commissioner Carleton to approve the variance to a side yard setback for property located at 7650 Goedderz Road, as presented in the draft resolution. Motion carried unanimously. 3. PUBLIC HEARING. Preliminary and Final Plat of Fiberhood First Addition for vacant property located north of the Maryland Road and Forestview Drive intersection (Outlots A, B, and C, Fiberhood, Crow Wing County, Minnesota) (City file 2025-030) Chair Hiltner asked for the staff report. Planner Gindele stated the applicant is requesting approval of a preliminary and final plat to be known as “Fiberhood First addition” to create 17 new buildable lots out of three existing outlots that total 8.29 acres in area. 10/14/2025 Planning and Zoning Commission Meeting Minutes Page 3 Planner Gindele gave the history of the three outlots proposed to be platted were created in 2024 with the Fiberhood plat after City water and sewer was installed. The three outlots were platted as such for future development of low-density residential lots. Road right-of-way (ROW) was platted in 2024 with the Fiberhood plat so no new ROW is proposed with this plat. Water, sewer, and street extensions would be constructed with the development of this property if the plat is approved. Planner Gindele reviewed the plat, aerial image showing the three outlots and road locations. Planner Gindele reviewed the lots, streets, easements, drainage and the need for park dedication fees with the Commission. The Utility Commission reviewed the preliminary and final plat of “Fiberhood First Addition” at its regular meeting on October 8, 2025 and recommends approval of the plat application pursuant to the following conditions: 1) Enter into a Development Agreement prior to beginning construction 2) Extend the sanitary sewer main, water main, and roadway to the north property line in the final approved civil plans 3) No Temporary Occupancies on any of the houses to be issued prior to final lift of pavement being placed on the roadway These conditions have been added to the draft resolution. Staff recommends approval of the preliminary and final plat of “Fiberhood First Addition”, subject to the findings and conditions in the attached resolution. Chair Hiltner asked about the property to the west, if the city owns that parcel, Planner Gindele indicated that it is City owned for a future trail connection. Chair Hiltner opened the public hearing. Mr. Wayne Stark, civil engineer on this project, approached the podium. He represents Thomas Allen Homes, the developer. He stated that revised civil drawings were submitted last Thursday, October 9th that showed the extension of the roads and utilities on Fiber Dr. and Maryland Rd. Mr. Stark stated that City engineering is currently reviewing the revised plans. Chair Hiltner asked Mr. Stark if he had any concerns regarding the conditions, he did not. Commissioner Carleton stated the last time this plat went through there were a lot of neighbors that showed up, Mr. Stark was unaware of the neighbors coming to the last approval. Commissioner Kellerman indicated that was for the R1-A development further down the road and was about density, the loss of trees, and privacy. He added that he was glad to see 100 feet verses 80 feet wide lots. Chair Hiltner asked if this project was going to be a Fall start, Mr. Stark indicated they were hopeful to move some dirt yet in 2025. Chair Hiltner closed the public hearing. 10/14/2025 Planning and Zoning Commission Meeting Minutes Page 4 MOTION by Commissioner Oswald, seconded by Commissioner Carleton to approve the preliminary and final plat of Fiberhood First Addition for vacant property located north of the Maryland Road and Forestview Drive intersection, as presented in the draft resolution. Motion carried unanimously. 4. PUBLIC HEARING. Preliminary and Final Plat to allow “Liberty Village”; Rezoning from R-1 and R-2 to PUD, Planned Unit Development, PUD General and Final Plan for a 31-unit single-family association for property located north of Excelsior Road and West of Grand Oaks Drive having PID Numbers 40060540 & 40060573 (City File # 2025-031) Chair Hiltner asked for the staff report. CD Director Doty stated The applicant is requesting approval of the following items for the 9.53-acre site:  Preliminary and Final Plat to allow “Liberty Village” to create 31 unit lots and 3 common space lots from two existing outlots;  Rezoning from R-1, Low Density Residential and R-2, Medium Density Residential to PUD, Planned Unit Development; and  PUD General and Final Plan to allow a 31-unit single-family association development. The development includes 31 single family unit lots and common space land shared by the homeowners and governed under an association. The development includes a private road to serve the development, connecting from Excelsior Road to Grand Oaks Drive. Single Family Homes would be located on each side of the private drive that loops through the property. The development would have a trail along the road connecting residents to a clubhouse and guest parking in the development and connecting residents to Excelsior Road and to the public trail along Grand Oaks Drive. The applicant describes in that they are proposing an active, adult community development. “The development will include a range of on-site amenities to foster a sense of community, including a small clubhouse to serve as a gathering space for residents.” CD Director Doty reviewed the aerial, plat with amenities, street location and utilities, wetland location and FEMA Flood Zone requirements with the Commission. He showed what the houses would look like, landscaping, elevations, floor plan and club house amenities. The Utility Commission reviewed the application on October 8, 2025, and recommends approval subject to the following conditions: 1. Enter into a Development Agreement prior to beginning construction. 2. Enter into a Stormwater Facilities Maintenance Agreement prior to beginning construction. 3. No Temporary Occupancies on any of the houses to be issued prior to final lift of pavement being placed on the private roadway. 4. Clean up the right-of-way/easement along the trail of Grand Oaks Drive prior to Planning and Zoning Commission. Need to verify title work and show appropriate right-of-way/easement on the plat. Even though the proposed rezoning from R-1 and R-2 to PUD allows for flexibility in ordinance standards, staff reviewed the application based on the R-2, Medium Density Residential district as a baseline for the zoning review. The R-2 district requires a minimum lot area of 25,000 square feet and a minimum lot width of 120 feet for corner lots. The subject development site includes a base property that exceeds these standards. However, the plat would create 31 lots and an outlot that requires PUD flexibility to the lot standards. 10/14/2025 Planning and Zoning Commission Meeting Minutes Page 5 CD Director Doty reviewed right-of-way, access/traffic, the need for Park Dedication Fees and the comprehensive plan, building setbacks, private drive/road, parking, landscaping and trail connections with the Commission. Staff finds that while the density of the development requires removal of trees on the site and mass grading, the developer is proposing project to construct project amenities to offset the clearing/grading and PUD flexibilities for setbacks and roadway pavement and easement width. Specifically, amenities would include a clubhouse building with kitchen bathrooms, open air canopy with fireplace and grill areas. Located around the community center is a playset area, courtyard areas with plantings and arbor style roof canopy design features. The development has a connected trail system. The development has a planting plan that significantly exceeds ordinance requirements. The development also has monument signage and uniform home designs to identify a cohesive development community. Staff finds that the amenities are development upgrades that offset the PUD flexibility requested. Staff recommends approval of the Preliminary and Final Plat, Rezoning to PUD, a PUD General and Final Plan subject to the ordinance and conditions and findings in the draft resolution. Commissioner Kellerman asked if there are any other private road developments in Baxter. CD Director Doty indicated there are several and gave the Kuepers apartment development as an example, that is all private roads. He added that there are not development plans that come in like this very often with this amount of amenities. Commissioner Kellerman asked if this was a gated community, CD Director Doty indicated that it is not. Commissioner Carleton asked for the location of the storm water ponds; the ponds were pointed out by staff. Chair Hiltner asked if this development is going to have curb and gutter, the answer was yes. Chair Hiltner opened the public hearing. Mr. Leif Eikevik, Link Street developer of Liberty Village and his architect Colin Oglesbay approached the podium. Mr. Eikevik stated that he represents Link Street, SW Development and Moore Engineering who are all present to answer any questions the Commission may have. Chair Hiltner asked about the time frame for this project, is it phased or all at once. Mr. Eikevik stated that they would start as soon as possible to get a unit built for pre-sale of the other homes in place for Spring construction. They believe sales would go pretty quickly once the pre-built unit is in place. Mr. Dan Schaefer, SW Group approached to speak in regards to the construction timeline. He stated they would like to start with a grading permit as soon as possible as they need to bring in roughly 50,000 yards of dirt and get the model unit built for winter sales. Then in the spring, get the road and utilities in and start building the pre-sold homes. He indicated the 24 months is their goal for sales. Chair Hiltner asked if the houses are all going to be cookie-cutter or vary by design. Mr. Schaefer indicated that the footprints are the same, however Mr. Colin Oglesbay commented on the final designs of the homes. Mostly the homes will be farm, cottage and craftsmen’s type designs with changes in elevations and color. 10/14/2025 Planning and Zoning Commission Meeting Minutes Page 6 Chair Hiltner asked if they would mind sharing the price point, they weren’t ready to share at this time and joked about already having a pre-sale. Mr. Schaefer indicated that they are targeting empty nesters that need to get out of their homes and be part of a community within a community. Commissioner Kellerman asked if this project was a true association. Mr. Schaefer indicated that it will be an association that takes care of all exterior maintenance, roads, amenities and landscaping. Mr. Marv Vierba, 6922 Excelsior Rd. (property to the south of the proposed development approached the podium. He was speaking for the neighbors that are south of the development. He stated that working with the developers was positive, however he wants to ensure the fence that was discussed is still going to be built. He has an autistic grandson and any new movement makes the child want to run, he wanted to make sure the fence is still going to be built. His other concern was the amount of fill that is being brought in, he doesn’t want a flooded basement. Mr. Oglesbay stated that they had a neighborhood meeting and there were three concerns that were brought up, the fence being one. He stated that there will be a very nice 6’ fence installed that will be ascetically pleasing and keep Mr. Viebra’s grandson safe. The other item was a few neighbors expressed concern about already having water in their basements, the team re-did the civils to ensure the water goes towards the flowering meadow to water the plants that will hopefully help those neighbors. Chair Hiltner closed the public hearing. MOTION by Commissioner Carleton, seconded by Commissioner Oswald to approve the Preliminary and Final Plat to allow “Liberty Village”; Rezoning from R-1 and R-2 to PUD, Planned Unit Development, PUD General and Final Plan for a 31-unit single-family association for property located north of Excelsior Road and West of Grand Oaks Drive, as presented in the draft resolution. Motion carried unanimously. 5. PUBLIC HEARING. Variances for setback to an existing garage and to allow the existing garage forward of the principal structure for property located at 6768 Excelsior Road (City file 2025-029) Chair Hiltner asked for the staff report. CD Director Doty stated applicant is requesting variances to the 40-foot setback for an existing detached garage and to allow the garage forward of the principal structure. The adjacent property to the east of the subject property is under zoning review for a new 31-single family association development, which if approved, would include the construction of a new private street along the east property line of the subject property. If the development to the east is approved, the subject variance would memorialize the current location of an existing garage having a 31-foot, 6-inch setback, and being located forward of the principal structure. CD Director Doty reviewed the aerial and explained how the road changes the property owners lot to now have two fronts on the lot. The applicant is requesting variances to the 40-foot setback for an existing detached garage and to allow the garage forward of the principal structure. The adjacent property to the east of the subject property is under zoning review for a new 31-single family association development, which if approved, would include the construction of a new private street along the east property line of the subject property. If the development to the east is approved, the subject variance would memorialize the current location of an existing garage having a 31-foot, 6-inch setback, and being located forward of the principal structure. The variance would provide clear title for the property owner, due to potential construction of a new private road east of the property. 10/14/2025 Planning and Zoning Commission Meeting Minutes Page 7 No construction is proposed with the garage, but the property owner has agreed to relocate their driveway access from Excelsior Road to the new private road to the East. Staff notes that the relocated driveway is safety improvement for the subject property, for the development to the ease, and for the city by 1) not having a driveway curb cut in close proximity to the new private drive and 2) relocating driveway access from Excelsior Road, to a private street that will have far less traffic than Excelsior Road does. Staff recommends approval of the variances setback and for an existing garage and to allow the existing garage forward of the principal structure and conditions and findings in the draft resolution. Chair Hiltner opened the public hearing. Mr. Craig Fink, part of the development team, approached the podium. He stated the development team has been as proactive as possible with the neighborhood. He stated that they have worked closely with the DeVries, who are in favor of this project. The DeVries were invited several times to attend this meeting, but they had no reason to being they are in favor of the variances and of moving the driveway for safety reasons. Chair Hiltner closed the public hearing. CD Director Doty stated that there was a condition in the resolution that if the prior application doesn’t move forward then this variance would not move forward. MOTION by Commissioner Kellerman, seconded by Commissioner Carleton to approve the variances setback and for an existing garage and to allow the existing garage forward of the principal structure for property located at 6768 Excelsior Road, as presented in the draft resolution. Motion carried unanimously. UPDATES Chair Hiltner noted that Amazon has a grand opening tomorrow, Wednesday, October 15th, CD Director Doty confirmed Amazon and the dog park grand opening. He added that next month is going to be a busy meeting and that the city is very busy. Kwik Trip is also due to open soon. ADJOURN MOTION by Commissioner Kellerman, seconded by Commissioner Oswald to adjourn the meeting at 6:59 p.m. Motion unanimously approved. Approved by: Submitted By: __________________________ ____________________________ Chuck Hiltner Shanna Newman Chair CD Administrative Assistant