Planning Commission

Planning Commission Regular Meeting February 27, 2012 Page 1 of 10 Chairperson Amy Moen presiding. Members Present: Arneson, Berning, Conklin, Eggen, Holbach, Howe, Koop, Curl-Langager, Miller, Moen, Pankow, Stremick, and Zimmerman Others Present: City Engineer, Assistant City Engineer, Fire Marshal, Rural Fire Chief, City Planner, City Attorney, City Assessor, Assistant City Assessor, Assistant Public Works Director, County Engineer, Jason Sorenson, Aldermen Jantzer, Greenheck, Olson, Hatlelid, Jill Schramm, Rolly Ackerman, Sean Weeks, Dean Rasmuson, Cliff Anson, and many others ____________________________________________________________________ Approval of Minutes: The minutes of the January 30, 2012 regular meeting were approved. Recommendations 1a. That the City Council pass a motion approving the request by North Hill Properties, LLC, Cliff Anson, to subdivide Ballantyne Addition, Block 2 & Linha’s 3rd Addition, Block 1, Lot 1 into 6 lots to be known as Ballantyne 2nd Addition, Block 1, Lots 1-4, Block 2, Lots 1 & 2. 1b. Also, the City Council introduce an ordinance on first reading approving the request by North Hill Properties, Cliff Anson, to annex into city limits proposed Ballantyne 2nd Addition. This property is located at the end of 10th Street NW and north of 30th Avenue NW. Approval of this item is subject to the following: 1. A storm water management plan is required. 2. Hook up fees. 3. Sidewalks are required. Motion to approve by Berning, seconded by Stremick and carried unanimously. 2a. That the City Council pass a motion approving the request by Kadrmas, Lee & Jackson, Dean Rasmuson, to subdivide Corner Express Addition 2nd, Lots 1 & 3, into 2 lots to be known as Corner Express 3rd Addition, Lots 1 & 2. Planning Commission Regular Meeting February 27, 2012 Page 2 of 10 This property is located north of 37th Avenue SW and east of 4th Street SW. Approval of this item is subject to the following: 1. Storm water management plan is required. 2. Hook up fees are required. 3. Sidewalks are required. 4. 4th Street is required to be improved to urban road standards. Motion to approve by Berning, seconded by Stremick and carried unanimously. 3a. That the City Council introduce an ordinance on first reading approving the request by Central Power Electric Co-op, Jerry Zainhofsky, to annex into city limits Section 34-155-83, Outlot 8. This property is located on the southeast corner of 20th Avenue SW and 30th Street SW. Motion to approve by Berning, seconded by Stremick and carried unanimously. 4a. That the City Council pass a motion approving the request by MB Associates, LLP, Jane Mindt, to subdivide Southwood 15th Addition, Block 2, Lots 2, 3 & 4 into four lots to be known as Southwood 16th Addition, Lots 1A-2B. 4b. Also, the City Council introduce an ordinance on first reading approving the request by MB Associates, LLP, Jane Mindt, to change the zone from R-1 (Single- Family Residence District) to R-3C (Townhouse Residence District) on proposed Southwood 16th Addition, Lots 1A-2B. This property is located on 11th Street SE and south of 33rd Avenue SE. Approval of this item is subject to the following: 1. A storm water management plan update may be required. 2. Hook up fees apply. 3. Sidewalks are required. Motion to approve by Berning, seconded by Stremick and carried unanimously. 5a. That the City Council pass a motion approving the request by Busek Family Real Estate Partnership, Kent Busek, to subdivide Stonebridge Farms 2nd Addition, Block 3, Lots 1-3 into five lots to be known as Stonebridge Farms 3rd Addition, Block 1, Lots 1-5. This property is located east of 6th Street NE and south of 36th Avenue NE. Planning Commission Regular Meeting February 27, 2012 Page 3 of 10 Approval of this item is subject to the following: 1. Hook up fees apply. 2. Sidewalks are required. Motion to approve by Berning, seconded by Stremick and carried unanimously. 6a. That the City Council pass a motion approving the request by Puppy Dog Properties, John Coughlin, to subdivide Western Plains Addition, Lots 2 & 3, and 33rd Avenue SW into 10 lots to be known as Western Plains 2nd Addition, Block 1, Lots 1 & 2, Block 2, Lots 1 & 2, Block 3, Lots 1 & 2 and Block 4, Lots 1-4. This property is located on the northwest corner of the intersection of 37th Avenue SW and 30th Street SW. Approval of this item is subject to the following: 1. Storm water management plan is required. 2. Hook up fees apply. 3. A traffic study to determine if turn lanes will be required on County Road 14. 4. 20 feet of additional right of way be dedicated for future 30th Street improvements. Motion to approve by Berning, seconded by Stremick and carried unanimously. 7a. That City Council pass a motion approving the request by Kopper Creek, LLC, KC Heister, to subdivide the NE1/4 of Section 33-155-82 into 17 lots to be known as Kopper Hills Addition, Block 1, Lots 1-7, Block 2, Lot 1-10. 7b. Also, the City Council introduce an ordinance on first reading approving the request by Kopper Creek, LLC, to change the zone from AG (Agricultural District) to R-1 (Single-Family Residence District) on proposed Kopper Hills Addition. This property is located west of 55th Street SE at Sunset Ridge Road. Approval of this item is subject to the following: 1. Storm water management plan must be approved by the City and Ward County Water Board. 2. A rural septic sewer study is required. Planning Commission Regular Meeting February 27, 2012 Page 4 of 10 Mr. Heister – 5313 S Broadway stated he purchased this property right after the flood and would like to develop it for single family residential. He has worked with the City Staff to allow for the 100’ water main easement. He has done a water drainage plan and has allowed for detention ponds on the property. He wants to work with the surrounding property owners and address some of their concerns. Dennis Goldade – 2810 Sunset Ridge Road is opposed to this request for the following reasons:  There is the water line on the property which cannot be built over.  How will the septic system be done?  Who will maintain the roads? He has lived in the area for several years and has seen water up to the top of the roads. He does not want the runoff onto his property as he already has drainage issues. The City Engineer spoke regarding the water line issue. It can be platted over, have gravel on it BUT a permanent structure cannot be built over it. The septic plans must be approved by First District Health before a building permit can be issued. Susan Weston – 2100 58th Street SE is opposed to this request due to the drainage issues. She would like to see these issues solved before any more development occurs. She would like to see the developer’s plans for the detention ponds. She has brought concerns to the Water Board but no action has been taken. She also has concerns on maintenance of the roads. Jami Decent – 6011 24th Avenue SE is opposed to this request. He has the same concerns on the drainage issue. He has lived in the area for several years and has seen the water up to the houses. Julie Eisenbraun – 2333 55th Street SE is opposed to this request due to the drainage issues in the area. Tracy Awalt – 2225 55th Street SE is opposed to this request due to drainage issues. Several of the families in the area have had drain fields collapse. Repairing these drain fields has cost the homeowners a considerable amount of money. She also has issues with the traffic in the area and the increase in crime. Pete Sigurdson - 2825 Sunset Ridge Road is opposed to this request. He stated he was told there are too many drain fields in the area already. Some of the properties in the area have wells and septic seepage is a concern. Tom Klein with Ward County Water Board stated they have not been contacted about the project from the Developer. Planning Commission Regular Meeting February 27, 2012 Page 5 of 10 Mr. Heister addressed some of the concerns. They have adjusted proposed property lines to allow for the 100’ easement. They have only done preliminary work with the Water Board because the storm water management plan and septic systems have to be approved first. The houses they propose to build on this property would be similar in design to what is existing. Motion by Arneson to hold for one month to get more information on the drainage issues, failed due to lack of a second. John Kornfeld, Rhino Engineering, 315 S. Main Street, has worked on this project and stated there will not be much of an increase in runoff. There will be large, shallow detention ponds on the property. Due to the high water table in the area, built-up septic systems will be required and these will need approval by the First District Health Unit and the Water Board. Motion to approve by Eggen, seconded by Berning and carried with Arneson voting no. 8a. That the City Council pass a resolution, approving the request by Keith Braunberger, Laverne Berg and Jeremy Berg, for a special use permit to construct a RV park/campground on Gold Nugget 5th Addition, Lot 3. This property is located adjacent to Pure Honda along the 2 & 52 Bypass East. Approval of this item is subject to the following: 1. Storm water management plan is required 2. Utilization of city sewer and water is required and hookup fees apply. 3. Second access to be provided. Rolly Ackerman of Ackerman Surveying spoke to this request. He has worked with the property owners to develop two access points for the RV park/campground. They have proposed a double road in and out of the area. They agree to the staff recommendations. Motion to approve by Curl-Langager, seconded by Arneson and carried unanimously. 9a. That the City Council pass a motion approving the request by Kadrmas, Lee & Jackson, Dean Rasmuson, representing Bob Hale, to subdivide Brooklyn Addition, Block 34, Lots 2-6 into two lots to be known as Brooklyn 3rd Addition, Lots 1 & 2. This property is located on the south side of Burdick Expressway West and on the west side of 7th Street SW. Approval of this item is subject to the following: 1. Sidewalks are required. Planning Commission Regular Meeting February 27, 2012 Page 6 of 10 2. A storm water management plan is required. 3. City services will be utilized. 4. Hook up fees apply. 5. 7th Street must be improved to urban road standards. 6. Access for both lots should be provided from 7th Street SW (access easement required on plat). Mr. Rasmuson presented a new drawing of the proposed project and agrees to staff recommendations. Motion to approve by Eggen, seconded by Howe and carried unanimously. 10a. That the City Council pass a motion approving the request by H & O Development, John Carpenter & Chris Todd, to subdivide Section 34-155-83, unplatted portion of the W1/2NW1/4, less Outlot 8 of the NW1/4NW1/4, SE1/4NW1/4, SW1/4, W1/2SE1/4 into 14 blocks to be known as Highlander Estates Subdivision, Blocks 1-14. 10b. Also, the City Council, introduce an ordinance on first reading approving the request by H & O Development, John Carpenter & Chris Todd, to change the zone from AG (Agricultural District) to R-1 (Single-Family Residence District) on Blocks 4 & 6, to R-2 (Two-Family Residence District) on Blocks 1, 2, 8 & 12, to R-3 (Multiple-Residence District) on Blocks 3, 5, 7, 10 & 11, to C-1 (Limited Commercial District) on Blocks 13 & 14, and to C-2 (General Commercial District on Block 9, of proposed Highlander Estates Subdivision. 10c. Also, the City Council introduce an ordinance on first reading approving the request by H & O Development, John Carpenter & Chris Todd, to annex proposed Highlander Estates Subdivision into city limits. This property is located south of 20th Avenue SW and west of Green Acres. Approval of this item is subject to the following: 1. Storm water management plan shall be approved by the City Engineer prior to grading. 2. Sidewalks are required along interior streets. 3. Sewer and water hook up fees shall apply. 4. A final storm water management plan and master plan will be required for the remaining land prior to development. 5. A traffic impact study shall be provided with this project, traffic study shall determine needed improvements. Traffic study will determine timing of improvements (determined by generated trips) and calculate Planning Commission Regular Meeting February 27, 2012 Page 7 of 10 proportionate cost share of improvements based upon generated trips from this development. Mr. Todd spoke on this request. At this time they are asking for approval of the subdivision, annexation and rezoning, and are following the future land use map. The concept plans have been submitted and they feel this type of development fits into the plan. They will continue working with city staff to insure they are following the FLU maps. Motion to approve by Eggen, seconded by Howe and carried with Holbach abstaining. 11a. The City Council deny the request by Kadrmas, Lee & Jackson, Dean Rasmuson to subdivide an unplatted portion of the NW1/4NE1/4, Section 5-154-82 into 33 lots to be known as Highlands of Minot Addition, Block 1, Lots 1-20, Block 2, Lots 1-13. 11b. Also the City Council deny the request by Kadrmas, Lee & Jackson, Dean Rasmuson, to change the zone from AG (Agricultural District) to R-2 (Two- Family Residence District) on proposed Highlands of Minot Addition. This property is located south of 37th Avenue SE and west of 36th Street SE. If approved, this item would be subject to the following conditions: 1. Roadways must be built to urban road standards. 2. Storm water management plan should be approved by the City Engineer prior to grading. 3. Sidewalks are required adjacent to interior streets. 4. Sewer and water hook up fees shall apply. 5. A traffic impact study must be implemented prior to development. A traffic study for this project shall determine needed improvements. Mr. Rasmuson stated he agrees with all the staff recommendations and would address the concerns of the homeowners. An alternative plan showing 7,500 square foot lots was presented as an option. Dr. Charles Gasser – 3325 43rd Avenue SE is opposed to this request for the following reasons:  How can you go from 66 townhomes to 100 single family residences? This project will require major dirt work and will create erosion issues in the area.  There is a hill near the intersections of this development. It would be very difficult to see oncoming traffic in an already congested area.  This type of development would change the character of the neighborhood. This is a rural setting, with farm animals in the area. Planning Commission Regular Meeting February 27, 2012 Page 8 of 10  It seems as if the developer is just trying to get as many houses as possible in the small area.  If the roads are brought up to urban standards that means sidewalks, curb and gutter, and street lights. That is not what he wants to see in this area.  If the roads are paved this would hold water in the area.  In the spring and during high water events, bridges in the area sometimes become impassable. The owner of a neighboring property stated that he lives next to the highway and the ditches in the area have been full of water. There is a drainage problem, and water from this development would add to it. He would like to know the opinion of North Prairie Rural Water regarding this project. The City Planner stated a letter was received from North Prairie Rural Water. They have not been contacted on this development and cannot make any recommendations at this time. Chad Anderson – 3700 37th Avenue SE, acting as spokesperson for several of the residents in the area, stated they are very opposed to this request for the following reasons:  The type of development is not compatible with the area. This is a rural area and they would like to see it continue to develop that way.  Drainage issues - there is extreme topography in the area and the water has no place to go.  A traffic study needs to be done. This is a rural area and trying to fit an urban road into this area would be very difficult.  There are several blind spots at intersections and they would like to know how the County Engineer could address it.  Fire protection for this area is handled by the Rural Fire Department. Water pressure is very low now and if more homes are added pressure may decrease further. Dana Larson, Ward County Engineer, stated he is opposed to this request. Due to the hills in the area it would be very difficult to exit this development onto County Road 14. The roads in the area are not maintained by the Township and they would fail if large cement trucks were to drive on them several times a day. He also has issues with the setbacks in the area, drainage, right of ways, and the density of the homes to be built. Duane Deckert – 3800 38th Street SE is opposed to this request. He stated he moved to this area after the flood and likes the rural setting. He also has issues with the traffic increases and the drainage. Because of the bridges in the area and the narrow roads, it would be very difficult to bring the roads up to urban standards without changing the setbacks of the lots. The City Planner stated over 30 letters of protest was received on this request. Motion to deny by Berning, seconded by Howe and carried unanimously. Planning Commission Regular Meeting February 27, 2012 Page 9 of 10 12a. That the City Council deny the request by Ronald and Amy Nissen to change the zone on North Minot Addition, Block 3, Lot 3 from R-2B (Two-Family Residence District) to R-3 (Multiple Residence District) to construct a 4 unit (2 story) multi-family dwelling. This property is located at 607 4rd Street NW. Mr. Nissen stated this request is to tear down a flooded rental house and rebuild a 4 unit apartment building. He has spoken to a builder who has assured him this is workable and they would have the required number of parking spaces. Following a brief discussion motion to deny by Berning, seconded by Howe and carried unanimously. 13a. That the City Council pass a motion approving the request by Kadrmas, Lee & Jackson, Dean Rasmuson, to subdivide Northern Lights Addition, Block 11 into 18 lots to be known as Pheasant Run 2nd Addition, Block 1, Lots 1-4, Block 2, Lots 1- 14. This property is located south of 30th Avenue NW at approximately 21st Street NW. Approval of this item is subject to the following: 1. Sidewalks are required. 2. Sewer and water hook up fees shall apply. Mr. Rasmuson stated they agree with the staff recommendations. Following brief discussion motion to approve by Eggen, seconded by Stremick and carried unanimously. 14a. That the City Council pass a motion approving the request by Kadrmas, Lee & Jackson, Dean Rasmuson, to subdivide Northern Lights Addition, Block 2 into 2 lots to be known as Polar Bear Ridge Addition, Lots 1 & 2. 14b. Also, the City Council introduce an ordinance on first reading approving the request by Kadrmas, Lee & Jackson, Dean Rasmuson to change the zone from R- 4 (Planned Residence District) to P (Public Zone) on proposed Polar Bear Ridge Addition, Lot 1 This property is located between 30th and 34th Avenues NW and east of 16th Street NW. Approval of this item is subject to the following:  Planning Commission Regular Meeting February 27, 2012 Page 10 of 10 1. A traffic study is required. 2. Hook up fees apply. 3. Sidewalks are required. Mr. Rasmuson stated they agree with the staff recommendations. Following brief discussion motion to approve by Miller, seconded by Howe and carried unanimously. 15a. That the City Council pass a motion approving the request by North Hill Properties, Cliff Anson, to subdivide Section 2-155-83, Outlot 15 into 24 lots to be known as Northern View Addition, Block 1, Lots 1-6, Block 2, Lots 1-12, and Block 3, Lots 1-6. This property is located north of 30th Avenue NW on 11th & 12th Streets. Approval of this item is subject to the following: 1. A storm water management plan is required. 2. Hook up fees apply. 3. Sidewalks are required. Mr. Anson stated they agree with the staff recommendations. Following brief discussion motion to approve by Howe, seconded by Arneson, carried with Stremick abstaining. Other Business 1. Agenda Item #9, a request by FM Properties, LLC, to change the zone from AG (Agricultural District) to C-1 (Limited Commercial District) on Section 26-155-83, Outlot 50, was withdrawn before the meeting. 2. Agenda Item #17, a request by Baker Hughes, Ron Rowbottom, for a variance to reduce the sign setback requirements from 25’ to 10’ on Prairie Wynd Addition, Lot 2, was withdrawn before the meeting. 3. A request by Ronald and Amy Nissen for a variance on the amount of property square footage required for 4-units (13,000 sq ft) was denied. This property is located at 608 3rd Street NW. Meeting adjourned at 8:00 p.m.