Planning and Zoning Commission Meeting

PLANNING AND ZONING COMMISSION MEETING AGENDA Tuesday, July 14, 2026 at 6:00 PM Baxter City Hall, 13190 Memorywood Drive, Baxter, MN “A Growing Community” CALL TO ORDER ROLL CALL MINUTES 1. Approve Planning & Zoning Commission Meeting Minutes from June 9, 2026 COMMENTS AND QUESTIONS OLD BUSINESS NEW BUSINESS 2. PUBLIC HEARING. Conditional Use Permit for forestland conversion to allow tree clearing on property located at the southeast corner of Dellwood Drive and Novotny Road. (City file 2026-018) 3. PUBLIC HEARING. Zoning Ordinance Text Amendment to update the Zoning regulations of the City Code. (City file no. 2026-020) UPDATES ADJOURN 1  Item 1. ITEM REPORT PLANNING AND ZONING COMMISSION Agenda Date: 7/14/2026 Agenda Section: Minutes TO: Baxter Planning and Zoning Commission FROM: Matthew Gindele, City Planner REQUEST: Approve Planning & Zoning Commission Meeting Minutes from June 9, 2026 APPLICANT: N/A N/A ZONING: Recommendation Staff recommends approval of the Planning and Zoning Commission meeting minutes from June 9, 2026. 2  Item 1. PLANNING AND ZONING COMMISSION MEETING MINUTES Tuesday, June 09, 2026, 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 Acting Chair Oswald. ROLL CALL MEMBERS PRESENT: Commissioners Gwen Carleton, Howie Oswald, Cathy Clark and Council Liaison/Mayor Darrel Olson MEMBERS ABSENT: Chair Chuck Hiltner and Commissioner Larry Kellerman STAFF PRESENT: Community Development Director (CD) Josh Doty, and City Administrator Bradley Chapulis OTHERS: Joe Vavrina and Renee Richardson MINUTES 1. Approve Planning & Zoning Commission Meeting Minutes from May 12, 2026 MOTION by Commissioner Carleton, seconded by Commissioner Clark to approve the Planning and Zoning Minutes from the May 12, 2026. Motion carried unanimously. Acting Chair Oswald 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 June 16, 2026. COMMENTS AND QUESTIONS None OLD BUSINESS None NEW BUSINESS 2. PUBLIC HEARING. Conditional Use Permit Amendment for a revised drive-through restaurant for development of a Chick-fil-A located at 7609 Excelsior Road (legally described as Lot 1, Block 1, Kohls Addition, Crow Wing County, Minnesota) (City file 2026-017) Acting Chair Oswald asked for the staff report. CD Director Doty stated the applicant is requesting approval of a conditional use permit amendment to allow a revised restaurant drive through use for the roughly 2-acre site located at 7609 Excelsior Road. In 2025, the city approved conditional use permits and a variance for Chick-fil-A for a restaurant drive through, revised joint access, and 3  Item 1. 6/9/2026 Planning and Zoning Commission Meeting Minutes Page 2 allowing a drive through lane between the building and a public street. Under the subject Conditional Use Permit Amendment, the applicant is revising the location of access to the site, which requires shifting of the building and drive-through lanes from the previously approved location on the site. Even with the revisions, the general concept of the site layout remains the same as the approved plan from 2025. With the CUP amendment, the applicant would also use the variance approval from 2025 to allow the drive through lanes between the building and the public street. The subject property is currently developed with the Bills Gun Club building and parking lot. The applicant is proposing to redevelop the site, which would include demo of the building to allow development of a Chick-fil-A restaurant and drive through. CD Directory Doty reviewed the aerial and site plan changes and conditional use permit changes from 2025 to 2026 with the Commission. He noted that the variance runs with the land and does not need to be revised or reviewed. The Utility Commission reviewed the application on June 3, 2026, and recommended approval, subject to the following: 1) Enter into a Stormwater Facilities Maintenance Agreement prior to issuing a building permit. 2) Enter into an Escrow Agreement prior to issuing a building permit. Staff recommends approval of the conditional use permit amendment, subject to the findings and conditions in the attached resolution. Acting Chair Oswald opened the public hearing. Mr. Joe Vavrina, HR Green, Inc. 13901 Corporate Dr. IL, indicated from the audience that there were no concerns. Commissioner Carleton asked if there was only one entrance into the site from a public street. CD Director Doty indicated that the northwest entrance from Excelsior will be closed with the new 371 Highway project leaving only the northeast entrance from Excelsior into the site. He stated that there is another entrance from Golf Course Road into the Kohls site, but that it might not be covered by the access easement for Chick-Fil-A. Staff and the Commission reviewed the round-about locations and how it will affect this project. Acting Chair Oswald closed the public hearing. MOTION by Commissioner Carleton, seconded by Commissioner Clark to approve the conditional use permit amendment for a revised drive-through restaurant for development of a Chick-fil-A located at 7609 Excelsior Road to as presented by staff in the draft resolutions. Motion carried unanimously. UPDATES Acting Chair Oswald asked if there were any updates from staff. CD Director y informed the Commission that this year has been very busy with 27 new homes to date. There has been a large amount of construction this year. 4  Item 1. 6/9/2026 Planning and Zoning Commission Meeting Minutes Page 3 ADJOURN MOTION by Commissioner Clark, seconded by Commissioner Carleton to adjourn the meeting at 6:17 p.m. Motion unanimously approved. Approved by: Submitted By: __________________________ ____________________________ Howie Oswald Shanna Newman Acting Chair CD Administrative Assistant 5  Item 2. ITEM REPORT PLANNING AND ZONING COMMISSION Agenda Date: 7/14/2026 Agenda Section: New Business TO: Baxter Planning and Zoning Commission FROM: Matthew Gindele, City Planner REQUEST: PUBLIC HEARING. Conditional Use Permit for forestland conversion to allow tree clearing on property located at the southeast corner of Dellwood Drive and Novotny Road. (City file 2026-018) APPLICANT: Frandsen Bank and Trust C-2, Regional Commercial ZONING: 1. Application Request The applicant has requested approval of a conditional use permit for forestland conversion to allow tree clearing on property located at the southeast corner of Dellwood Drive and Novotny Road. The applicant is requesting the tree clearing to prepare the site for a future development. 2. Context Adjacent Land Use and Zoning Adjacent Land Use Zoning North Commercial & Residential Use C-2, Regional Commercial East Commercial Property C-2, Regional Commercial South Commercial Property C-2, Regional Commercial West State Highway 371 N/A Natural Characteristics of the Site The site has approximately four feet of elevation change across the entire 12-acre property. The middle portion of the property includes a large wetland. The central and east portions of the wetland were filled in 2024 after the owner received wetland fill approval from the County, leaving a wetland basin on the west portion of the site along State Highway 371. The site includes natural forest, except for some portions of the wetland. The site does not include any floodplain and the site is not located in a shoreland overlay district. 6  Item 2. 3. Analysis of Conditional Use Permit Request Title 10-4-9 of the zoning ordinance allows forestland conversion on property upon the issuance of a conditional use permit. The lot is not developed and while there are no immediate plans for development of the property, the application would allow the owner to prepare the site for development. The ordinance defines Forestland Conversion as, “The clear cutting of forested lands, removing living trees in a contiguous patch, strip, row, block, or legal parcel to prepare for a new land use. This definition does not apply to commercial forestry involving reestablishment of a new forest stand.” The intent of the Forestland Conversion ordinance is to discourage the clear cutting of forested lands well in advance of a development application unless there plans in place to consider future buffers and to ensure that erosion is controlled and ground cover is established. The specific forestland conversion ordinance is listed below: 10-4-9: FORESTLAND CONVERSION STANDARDS: B. R-2, R-3, C1, C2, OS, CI And I Zoning Districts: Forestland conversion in the above zoning districts is allowed by a conditional use permit, subject to the following conditions: 1. A land use application has been submitted with a development plan and narrative explaining the need for forestland removal, including a landscape plan meeting the requirements of this title. 2. A plan for screening adjacent property zoned for residential use where necessary for requirements of this title has been accepted and approved by the City. 3. A plan for ground cover and erosion control has been prepared per current State requirements and has been accepted and approved by the City, with implementation of the plan within six (6) months of approval. The applicant is proposing to clearcut the north/northwest portions of the property to prepare it for future commercial development; the central and east portions of the site were cleared in 2024 under a separate CUP for forestland conversion. The applicant is proposing to leave the existing stand of trees in the south part of the property near Highway 371 and adjacent to the lot to the south. Staff has reviewed the request based on the general CUP standards. Section 10-7-4 of the Zoning Ordinance defines the criteria for reviewing and processing a conditional use permit (CUP). Specifically: A. Excessive Burden: The use shall not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. The forestland conversion would not create an excessive burden on existing parks, schools, streets and other public facilities. B. Compatibility: The use shall be compatible with adjacent land uses so that existing uses will not be depreciated in value and there will be no deterrence to development of vacant land. The proposed use would include tree removal to prepare for future development. The subject site and surrounding property are all zoned for commercial use. The plans leave a forested area between the clearing area and the property to the south. C. Appearance: The use shall have an appearance that will not have an adverse affect (sic) upon adjacent properties. The property is guided and zoned for commercial development and tree removal is expected to allow commercial expansion on the property. The use leaves a stand of trees in place adjacent to the property to the south. 7  Item 2. D. Overall Needs: The use, in the opinion of the planning and zoning commission shall be reasonably related to the overall needs of the city and to the existing land use. The Forestland Conversion is reasonable in this instance due to the property being zoned for commercial use and the anticipation of an application to develop the property. E. Consistent with Purpose: The use shall be consistent with the purposes of this title and purposes of the zoning district in which the applicant intends to locate the proposed use. With the conditions of approval and compliance with ordinance requirements, the use would be consistent with the purposes of the ordinance. F. Comprehensive Plan: The use shall not be in conflict with the comprehensive plan of the city. The Comprehensive Plan identifies a future land use of Commercial for the property. Tree removal as proposed with this application is necessary to allow further commercial development of the property. G. Traffic: The use will not cause traffic hazard or congestion. The use would not cause traffic hazard or congestion. H. Facilities: The use shall have adequate utilities, access roads, drainage and necessary facilities. Public facilities are not required for Forestland Conversion. 4. Recommendation Staff recommends approval of the Conditional Use Permit for forestland conversion to allow tree clearing on property located at the southeast corner of Dellwood Drive and Novotny Road, subject to the conditions in the attached resolution. Attachments 1. Draft resolution approving CUP 2. Site Location Map 3. Site Graphics 8  Item 2. CITY OF BAXTER, MINNESOTA RESOLUTION 2026-054 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR FORESTLAND CONVERSION TO ALLOW TREE CLEARING ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF DELLWOOD DRIVE AND NOVOTNY ROAD (CITY FILE 2026- 018) WHEREAS, Frandsen Bank and Trust (“the applicant”) has requested approval of conditional use permit on property legally described as follows: That part of the NE¼SE¼, Section 31, Township 134, Range 28, described as follows: Commencing at the southeast corner of said NE¼SE¼; thence North 01 degree 14 minutes 03 seconds East, assumed bearing, 859.35 feet along the East line of said NE¼SE¼ to the point of beginning of the tract to be described; thence South 55 degrees 45 minutes 42 seconds West 564.81 feet to the Northeasterly right of way line for Trunk Highway No. 371; thence North 34 degrees 14 minutes 18 seconds West 975.65 feet along said right of way line to the North line of said NE¼SE¼; thence South 88 degrees 56 minutes 20 seconds East 1026.18 feet along said North line to the Northeast corner of said NE¼SE¼; thence South 01 degree 14 minutes 03 seconds West 469.91 feet along said East line of the NE¼SE¼ to the point of beginning. Subject to the right of way for the township road along East line of said NE¼SE¼ and together with and subject to an easement for a service road, the Westerly line being adjacent to said Northeasterly right of way line for Trunk Highway 371 and the Easterly line of which is described as follows: Commencing at the point where the North line of said NE¼SE¼ intersects said Northeasterly right of way line of Trunk Highway 371; thence South 88 degrees 56 minutes 20 seconds East 61.26 feet along said North line to the point of beginning of the Easterly line to be described; thence South 34 degrees 14 minutes 18 seconds East 1204.04 feet; thence South 30 degrees 33 minutes 22 seconds East 406.74 feet to the South line of said NE¼SE¼ and there ending. Subject to reservations, restrictions, easements, zoning and other ordinances, if any, of record. Subject to covenants, conditions, restrictions, declarations and easements of record, if any; reservation of minerals or mineral rights by the State of Minnesota, if any; building zoning and subdivision laws and regulations; the lien of real estate taxes and installments of special assessments and any liens, encumbrances, adverse claims her other matters which Grantee has created, suffered or permitted to accrue on or after April 27,1979. The seller certifies that the Seller does not know of any wells on the described real property. Together with that part of the East One-half of the Northeast Quarter, Section 31, Township 134 North, Range 28 West, described as follows: Commencing at the East quarter corner of said Section 31; thence West assumed bearing, along the South line of said East One-half of the Northeast Quarter 765.57 feet to the point of beginning; thence North 15 degrees 26 minutes 00 seconds East 203.73 feet to the 9  Item 2. centerline of an existing public road; thence South 74 degrees 34 minutes 00 seconds East along the centerline of said public road 131.45 feet; thence South 15 degrees 26 minutes 00 seconds West 167.44 feet to the South line of said East One-half of the Northeast Quarter; thence westerly along said south line of said East One-half of the Northeast Quarter to the place of beginning, according to the U.S. Government Survey thereof on file and of record in the office of the County Recorder in and for said County and State; EXCEPT That portion of the above-described property which lies within a 66.00 foot wide strip of land, the centerline of which is described as follows: Commencing at the East quarter corner; thence North 01 degrees 07 minutes 41 seconds East 33.01 feet along the East line of said Southeast Quarter of the Northeast Quarter, Section 31, Township 134 North, Range 28 West to the point of beginning of the centerline to be described; thence North 89 degrees 54 minutes 33 seconds West 79.47 feet; thence northwesterly 80.81 feet along a tangential curve concave to the North, central angle 15 degrees 26 minutes 02 seconds and radius 300.00 feet; thence North 74 degrees 28 minutes 33 seconds West, tangent to the last described curve, 708.86 feet; thence westerly 105.53 feet along a tangential curve concave to the South, central angle 30 degrees 13 minutes 57 seconds and radius 200.00 feet to the easterly right of way line of State Trunk Highway 371 and said centerline there terminating. The sidelines of said 66.00 foot wide strip of land shall be prolonged or shortened to terminate at said easterly right of way line of State Trunk Highway 371 and at the South and East lines of said Southeast Quarter of the Northeast Quarter, Section 31, Township 134 North, Range 28 West, Crow Wing County, Minnesota WHEREAS, the Planning and Zoning Commission has reviewed the request at a duly called a Public Hearing on July 14, 2026 and recommends approval, and; WHEREAS, the City Council considered the Planning and Zoning Commission recommendation at their July 21, 2026 meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAXTER, MINNESOTA, that it should and hereby does approve the request for a conditional use permit for Forestland Conversion to allow tree clearing. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. The conditional use permit allows tree clearing based on the application and plans received by the City on June 12, 2026, except as amended by this resolution and based on the finding that all applicable conditional use permit standards have been met. 2. Permanent ground cover shall be established over all areas of exposed soil in compliance with City ordinances. 3. There shall be no impact to any wetlands without prior approval from Crow Wing County Environmental Services. 4. Approval shall expire within one year of the date of approval unless the applicant commences the authorized use to complete the required improvements. Page 2 of 3 10  Item 2. Whereupon, said Resolution is hereby declared adopted on this 21st day of July 2026. ___________________________________ Darrel Olson, Mayor ATTEST: ____________________________________ City Seal Kelly Steele, City Clerk Page 3 of 3 11  Item 2. Baxter GIS Viewer App (Alternate) 200 ft Address Points Parks and Trails Streets Municipal Boundaries Tax Parcels Parks and Green Space Streets 12 Item 2. 13 Item 2. 14 Item 2. 15 Item 2. 16  Item 3. ITEM REPORT PLANNING AND ZONING COMMISSION Agenda Date: 7/14/2026 Agenda Section: New Business TO: Baxter Planning and Zoning Commission FROM: Planning and Zoning Department REQUEST: PUBLIC HEARING. Zoning Ordinance Text Amendment to update the Zoning regulations of the City Code. (City file no. 2026-020) APPLICANT: City Of Baxter N/A ZONING: 1. Application Request Consider an ordinance amendment to address two items within Title 10 Zoning Regulations of the City Code. The updates include amendment to the Earth Tone Color definition in Chapter 2, Section 2. The other update is to correct a typo in the RR, Rural Residential district of Chapter 3, Article A, Section 5. 2. Amendment Highlights Title 10: Chapter 2: Section 10-2-2-Amendments are being proposed to the city’s Earth Tone Color definition. The present definition (below) allows grays and off whites. City staff is proposing to expand the allowable color palette to include black and white colors. Specifically, the city has received an increasing number of requests to allow the colors of black and white to commercial and industrial buildings. Most of the buildings are architecturally designed to be fully compliant with the City’s architectural ordinance but fall short of compliance due to implementation of these two colors. Existing Definition EARTH TONE COLOR: Color schemes that draw from a color palette of off whites, browns, tans, beiges, grays, greens, blues, and some reds. The colors in an earth tone color scheme are muted and flat in an emulation of the natural colors. Proposed Definition EARTH TONE COLOR: Color schemes that draw from a color palette of off whites, browns, tans, beiges, grays, blacks, greens, blues, and some reds. The colors in an earth tone color scheme are muted and flat in an emulation of the natural colors. Chapter 3: Article A, Section 5– “RR Rural Residential District”. A minor technical correction is proposed to the Lot Area, Height, Lot Width and Yard Requirements. The ordinance references the older F, Commercial Forestry zoning district, which was removed from the code many years ago. The ordinance has been amended to correctly referent the RR district for Lot Area, Height, Lot Width and Yard Requirements. 17  Item 3. 3. Recommendation Staff recommends approval of the draft zoning ordinance amendments and the finding of fact resolution. Attachments 1. Draft Zoning Ordinance 2026-007 (red-line copy) 2. Finding of Fact Resolution 2026-052 18  Item 3. CITY OF BAXTER, MINNESOTA ORDINANCE 2026-007 AN ORDINANCE AMENDING THE TEXT OF TITLE 10 OF THE BAXTER CITY CODE (CITY FILE PZ2026-020) THE CITY OF BAXTER ORDAINS: SECTION 1. Amendments. The text of Chapter 2: Section 2 “General Definitions” of Title 10 (Zoning Regulations) of the Baxter City Code is hereby amended by deleting the stricken material and adding the underlined material as follows: 10-2-2: GENERAL DEFINITIONS: EARTH TONE COLOR: Color schemes that draw from a color palette of off whites, browns, tans, beiges, grays, blacks, greens, blues, and some reds. The colors in an earth tone color scheme are muted and flat in an emulation of the natural colors. SECTION 2. Amendments. The text of Chapter 3, Article A, “RR Rural Residential District”, Section 5 Lot Area, Height, Lot Width and Yard Requirements of Title 10 (Zoning Regulations) of the Baxter City Code is hereby amended by deleting the stricken material and adding the underlined material as follows: 10-3A-5: LOT AREA, HEIGHT, LOT WIDTH AND YARD REQUIREMENTS: A. Area Requirements: The following requirements shall be met in the FRR District. Properties may be subject to special requirements as noted in article L, "SL Shore Land Overlay District", of this chapter. SECTION 3. Summary Publication. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The City Council adopted an ordinance amending the standards of Title 10 “Zoning Regulations” as follows: Chapter 2: Section 2 “General Definitions” to amend the Earth Tone Color definition to add two allowable colors. Chapter 3, Article A, “RR Rural Residential District”, Section 5 Lot Area, Height, Lot Width and Yard Requirements to delete reference to the F district and add reference to the RR District. SECTION 5. Effective Date. This amendment shall take effect upon its passage. 1 19  Item 3. Whereupon, said Ordinance is hereby declared adopted on this 21st day of July 2026. ___________________________ Darrel Olson, Mayor ATTEST: __________________________ Kelly Steele, City Clerk City Seal 2 20  Item 3. CITY OF BAXTER, MINNESOTA RESOLUTION 2026-052 A RESOLUTION APPROVING FINDINGS OF FACT FOR AN ORDINANCE AMENDING THE TEXT OF TITLE 10 OF THE BAXTER CITY CODE (City File PZ2026-020) WHEREAS, the City of Baxter initiated an amendment to update the City Code; and WHEREAS, the amendment would be consistent with the Comprehensive Plan and other City policies and goals; and WHEREAS, the Planning Commission has reviewed the proposed text amendments at a duly called public hearing on July 14, 2026 and recommends approval; and WHEREAS, the City Council considered the Planning Commission’s recommendation at its regular meeting on July 21, 2026; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAXTER, MINNESOTA, that it should and hereby does approve the amendments, based upon the finding the following findings: 1. That the proposed amendments are consistent with State law and the City’s Comprehensive Plan, and compatible with other provisions of the City Code. 2. The Subdivision and Zoning regulations have a substantial impact on public health, safety, quality of life, and the built environment in the City. 3. The amendments were needed to address technical and substantive City Code standards. 4. The amendments improve clarity and consistency within the City Code. Whereupon, said Resolution is hereby declared adopted on this 21st day of July 2026. ___________________________________ Darrel Olson, Mayor ATTEST: ____________________________________ City Seal Kelly Steele, Assistant City Administrator/Clerk 21