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2024-03-26
Agenda
Not posted
What was on the agenda.
One-line summary
The Planning and Zoning Commission continued Petersen Acres, recommended approval of the C-1 home occupation ordinance amendment and SotaSolar IUP, approved the Mackenzie Hills final plat, and handled routine meeting approvals.
12 items as recorded in the packet and minutes.
1Call to Order and Pledge of Allegiance
Call to Order and Pledge of Allegiance: 7:00 p.m.
The meeting was called to order and the pledge was recited.
2Roll Call
Roll Call
Attendance was recorded.
3Approval of Agenda
Approval of Agenda
The amended agenda was approved.
4Approval of Minutes from February 22, 2024, Regular Meeting
Approval of Minutes from February 22, 2024, Regular Meeting
The February 22, 2024 minutes were approved as amended.
5Public Hearings
Public Hearings
The public hearing section included three separate items, each recorded separately below.
5aPreliminary Plat - Peterson Acres
Preliminary Plat - Peterson Acres (PID: 21-2-33-25-22-0004)
The public hearing was continued to the April 23, 2024 meeting.
5bOrdinance Amendment related to Home Occupations in Commercial Zoning District
Ordinance Amendment related to Home Occupations in Commercial Zoning District
The Commission recommended City Council approval of the ordinance amendment at the April 9, 2024 meeting.
5cInterim Use Permit for a Home Occupation - 8150 Viking Boulevard
Interim Use Permit for a Home Occupation - 8150 Viking Boulevard
The Commission recommended City Council approval of the IUP at the April 9, 2024 meeting.
6Unfinished Business
Unfinished Business
No unfinished business action is recorded in the minutes.
7New Business
New Business
The new business section included the Mackenzie Hills final plat, recorded separately below.
7aFinal Plat - Mackenzie Hills
Final Plat - Mackenzie Hills
The Commission approved the final plat for Mackenzie Hills.
8Adjournment
Adjournment
The meeting was adjourned at 9:24 PM.
What this meeting did about specific topics, organized by issue rather than by document.
Petersen Acres preliminary plat
The Commission held the Petersen Acres preliminary plat public hearing for a proposed road, six lots, and an outlot. Planner Nash reviewed the drawings, findings, recommendations, and engineering review, and residents raised concerns about drainage, Bass Lake access, construction access, whether 205th Avenue would be paved, why access could not come from County Road 5, the possible assisted living use, park dedication, and the driveway location for Lot 6. The Commission continued the public hearing to April 23, 2024 and identified follow-up work on the Park & Trail Plan and county access options.
Agenda: 5a. Motions: M3. Speakers: Planner Nash, Residents in attendance, Mayor Pilon, Haapala, Jorgensen.
C-1 home occupation ordinance amendment
Planner Nash reviewed an ordinance amendment intended to allow home occupations and extended home occupations in the C-1 Commercial District when the associated residential use qualifies. The Commission voted to send the amendment to the City Council with a recommendation for approval at the April 9, 2024 meeting.
Agenda: 5b. Motions: M4. Speakers: Planner Nash, Pearo, Bies.
SotaSolar IUP at 8150 Viking Boulevard
Planner Nash reviewed Shawn Himmelberger's request for an interim use permit for SotaSolar, a home occupation involving RV solar installations with online sales at 8150 Viking Boulevard. Chair Ames closed the hearing at 9:10 PM. The Commission voted to recommend that the City Council issue the IUP at its April 9, 2024 meeting.
Agenda: 5c. Motions: M5. Speakers: Planner Nash, Chair Ames, Bies, Jorgensen.
Mackenzie Hills final plat
The Commission reviewed the Mackenzie Hills final plat. The minutes note that the plat had been approved by the City Council in December 2023 and that a development agreement is needed for final plat approval. The Commission approved the Mackenzie Hills final plat.
Agenda: 7a. Motions: M6. Speakers: Ames, Jorgensen.
Meeting administration
The Commission opened the meeting, recorded attendance, approved the amended agenda, approved the February 22, 2024 minutes with amendments to voting names and the number 7, and adjourned at 9:24 PM.
Agenda: 1, 2, 3, 4, 8. Motions: M1, M2, M7. Speakers: Chair Ames, Pearo, Bies, Haapala, Carlson.
7 motions on the record. Split votes are highlighted.
M1MOTION BY PEARO, SECOND BY BIES TO APPROVE THE AMENDED AGENDA FOR TONIGHT'S MEETING.
moved by PEARO, seconded by BIES
SEVEN (7) AYES
M2MOTION BY AMES TO AMEND MINUTES TO LIST NAMES FOR VOTING AND CORRECT THE NUMBER TO 7, SECOND BY HAAPALA TO APPROVE THE MEETING MINUTES OF FEBRUARY 22, 2024.
moved by AMES, seconded by HAAPALA
SEVEN (7) AYES
M3MOTION BY HAAPALA TO CONTINUE PUBLIC HEARING UNTIL NEXT MEETING APRIL 23,2024,
moved by HAAPALA, seconded by JORGENSEN
7 (SEVEN) AYES
M4MOTION BY PEARO TO SEND TO CITY COUNCIL FOR RECOMMENDED APPROVAL AT APRIL 9, 2024 MEETING FOR ORDINANCE AMENDMENT,
moved by PEARO, seconded by BIES
7 (SEVEN) AYES
M5MORTION BY BIES TO SEND TO CITY COUNCIL FOR RECOMMENDED APPROVAL AT APRIL 9, 2024 MEETING FOR IUP TO BE ISSUED,
moved by BIES, seconded by JORGENSEN
7 (SEVEN) AYES
M6MOTION BY AMES TO APPROVE FINAL PLAT FOR MACKENZIE HILLS,
moved by AMES, seconded by JORGENSEN
7 (SEVEN) AYES
M7MOTION BY HAAPALA, SECOND BY CARLSON TO ADJOURN THE MEETING.
moved by HAAPALA, seconded by CARLSON
7 (SEVEN) AYES
Each figure links back to the document it came from. When the council voted on the amount, the motion is shown.
SotaSolar IUP application base fee
Base fee listed on the SotaSolar interim use permit application.
fee · Base Fee
$200
inflow
Council approval status: not yet on record.
SotaSolar IUP application escrow
Escrow listed on the SotaSolar interim use permit application.
fee · Escrow
$1,000
inflow
Council approval status: not yet on record.
SotaSolar IUP public hearing fee
Public hearing fee listed on the SotaSolar interim use permit application.
fee · Public Hearing Fee
$250
inflow
Council approval status: not yet on record.
SotaSolar IUP recording fee
Recording fee listed on the SotaSolar interim use permit application.
fee · Recording Fee
$46
inflow
Council approval status: not yet on record.
SotaSolar IUP total application amount due
Total amount due listed on the SotaSolar interim use permit application.
fee · Total Amt. Due
$1,496
inflow
Council approval status: not yet on record.
Mackenzie Hills park and trail dedication fee per lot
Park and trail dedication fee condition from the previously approved Mackenzie Hills preliminary plat and CUP findings, incorporated into the final plat findings in the packet.
fee · Park and trail dedication fee
$2,500
inflow
When someone tried to remember earlier business, we cross-reference the corpus and write a short related-history note.
Will 205th be tarred? Will at least the entrance into the development be tarred as it has been required for other developments. Who is responsible for the cost of this and also future maintenance of the road?
— Residents in attendance
What this is about
Residents wanted prior requirements for paving entrances to be checked while discussing Petersen Acres road access and 205th Avenue.
The records searched do not show a prior council decision requiring the entrance to Petersen Acres or 205th Avenue to be tarred/paved, nor a matching prior requirement for another development entrance. The closest Petersen Acres record is a resolution in the February 10, 2026 packet releasing financial security for the plat; it says the development agreement improvements were wetland-buffer vegetation and wetland-buffer signs, and that no infrastructure was being conveyed to the City. The road-cost records found are about the separate 2026 Overlay Road Improvement Project, not Petersen Acres or 205th Avenue. At the January 13, 2026 meeting materials, the council reviewed a feasibility report for overlays in several other areas; later packet materials for April 14 and May 12, 2026 show proposed special assessments under Minnesota Statutes Chapter 429, with costs split between the City and benefited property owners. Those records help show how the City has handled future road improvement costs generally, but they do not answer who would pay for paving 205th or a Petersen Acres entrance.
The Zoning Ordinance does not currently list home occupations as a possible use in the C-1 zoning district, but there are also existing dwellings in that district that have historically been granted IUPs for extended home occupations.
— Cindy Nash
What this is about
The home occupation ordinance amendment was tied to existing C-1 dwellings that had historically received IUPs for extended home occupations.
The records I searched do not contain a prior decision clearly matching the recollection that the home-occupation ordinance amendment was tied specifically to existing dwellings in the C-1 zoning district that had historically received IUPs for extended home occupations. The closest related records are from the February 24, 2026 packet, which discusses an extended home occupation at 8704 190th Avenue NW. Those materials state that extended home occupations are allowed only by Interim Use Permit under Sections 11-3-5 and 11-4-3, but that property was described as being in the Rural Residential Agricultural District, not C-1. The same packet included an agreement requiring the landowner to submit an IUP application for an extended home occupation by March 1, 2026, or cease business operations. So the search results show council materials involving extended home occupations and IUP requirements, but they do not show the C-1-specific ordinance amendment history or any recorded prior vote tying that amendment to existing C-1 dwellings.
The plat was approved in December 2023 by the City Council. Development agreement is needed for the Final Plat approval.
What this is about
The Mackenzie Hills final plat discussion referred back to the City Council's December 2023 approval.
The records I searched do not contain a prior City Council decision in December 2023 approving the Mackenzie Hills plat, nor do they show a recorded vote or approval details for that item. The only related material in the search results is general subdivision procedure language included in the February 24, 2026 and March 10, 2026 packets, which says staff may coordinate preparation of a development agreement as part of subdivision review. That supports the general point that a development agreement can be part of plat approval, but it does not confirm the specific December 2023 Mackenzie Hills approval being recalled.
The City Council approved a Preliminary Plat and Conditional Use Permit for Street Construction Deferral at their December 12, 2023 meeting (the "December Findings of Fact").
What this is about
The Mackenzie Hills packet incorporated the prior December 12, 2023 City Council preliminary plat and CUP approval.
The records I searched do not contain the December 12, 2023 City Council action described in the cue. The search results returned 2026 packet materials about land-use application fees, cost reimbursement, and minor subdivision procedures, but they do not include a Mackenzie Hills packet section, December 12, 2023 minutes, findings of fact, preliminary plat approval, or a conditional use permit for street construction deferral. Based on these search results alone, I cannot confirm that the Mackenzie Hills packet incorporated a prior December 12, 2023 preliminary plat and CUP approval.
<!-- PageBreak --> <!-- PageNumber="58" --> ## CITY OF NOWTHEN ANOKA COUNTY STATE OF MINNESOTA ## RESOLUTION NO. 2026-XX ## AMENDED RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION O
<!-- PageBreak --> <!-- PageNumber="59" --> # CITY OF NOWTHEN ANOKA COUNTY STATE OF MINNESOTA # RESOLUTION NO. 2026-XX # RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED
# CITY OF NOWTHEN ANOKA COUNTY STATE OF MINNESOTA RESOLUTION NO. 2026-XX # RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, plans and specifications for the 2
# CITY OF NOWTHEN ANOKA COUNTY STATE OF MINNESOTA # RESOLUTION NO. 2026-XX # RESOLUTION ORDERING IMPROVEMENTS FOR THE 2026 OVERLAY PROJECT WHEREAS, the City Council of the City of Nowthen, Anoka Count
# RESOLUTION No. 2026-XX ## A RESOLUTION RELEASING FINANCIAL SECURITY FOR PETERSEN ACRES WHERAS, the City has previously entered into a Development Agreement for the plat known as Petersen Acres; and
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