Planning Commission

Planning Commission Regular Meeting March 26, 2012 Page 1 of 18 Chairperson Amy Moen presiding. Members Present: Arneson, Eggen, Holbach, Howe, Koop, Curl-Langager, Miller, Moen, Pankow, and Zimmerman Members Absent: Berning, Conklin, and Stremick Others Present: City Engineer, Assistant City Engineer, Fire Marshal, City Planner, City Attorney, City Assessor, Traffic Engineer, Assistant Public Works Director, County Engineer, Jason Sorenson, Aldermen Hatlelid, Frey, Lehner, Barney, Withus, Connole and Krabseth, Jerry Chavez, Jill Schramm, Rolly Ackerman, Sean Weeks, Dean Rasmuson, Greg Johnson, Gene Krebs, Duane Johnson, Bruce Walker, Charlie Harrison, and many others ____________________________________________________________________ Approval of Minutes: The minutes of the February 27, 2012 regular meeting were approved. Recommendations 1a. That the City Council pass a motion approving the request by 36th Street Rentals, Joel Feist, to subdivide Airport Industrial Park Addition, Block 1, Lot 1 into 3 lots to be known as Conrad Cook 1st Addition, Lots 1-3. 1b. Also, the City Council introduce an ordinance on first reading approving the request by 36th Street Rentals, Joel Feist, to change the zone from M-1 (Light Industrial District) to R-3 (Multiple Resident District) on proposed Conrad Cook 1st Addition. This property is located south of 36th Avenue NE and west of 5th Street NE. Approval of this item is subject to the following: 1. A storm water management plan shall be approved by the City Engineer prior to grading. 2. Sidewalks are required. 3. Sewer and water hook up fees shall apply. 4. Final site plan with area calculations, colored building elevations, landscaping (green space and park amenities) and screening plans Planning Commission Regular Meeting March 26, 2012 Page 2 of 18 shall be provided for review and approval by the City Planner prior to issuance of a building permit. Motion to approve by Curl-Langager, seconded by Howe and carried unanimously. 2a. That the City Council pass a motion approving the request by Adavco, Inc. – Ashleigh Collins/Blake Krabseth, to subdivide Section 22-155-82, Outlot 19 and an unplatted portion of the NE1/4SE1/4 into 3 lots to be known as Dawn to Dusk Addition, Lots 1-3. This property is located north of Hwy 2 and west of 72nd Street SE. Motion to approve by Curl-Langager, seconded by Howe and carried unanimously. 3a. That the City Council introduce an ordinance on first reading approving the request by Dakota Prime Investments, Jonn Knecht, to change the zone from R-1 (Single-Family Residence District) to R-3 (Multiple Residence District) on Engers 1st Addition, Block 4, Lot 3 less the north 18’ and Lots 4 & 5 . This property is located on the east side of 43rd Street SE and south of East Burdick. Approval of this item is subject to the following: 1. A storm water management plan shall be approved by the City Engineer prior to grading. 2. Sewer and water hook up fees shall apply. 3. Final site plan with site area calculations, colored building elevations, landscaping and screening plans shall be provided for review and approval by the City Staff prior to issuance of a building permit. Motion to approve by Curl-Langager, seconded by Howe and carried unanimously. 4a. That the City Council schedule a public hearing to consider a resolution approving the request by John Butz & ND State Fair, to vacate a railroad easement located at Magic City Industrial Park Addition, Block 1, Lots 1-2. This property is located at 3025 Burdick Expressway East. Motion to approve by Curl-Langager, seconded by Howe and carried unanimously. 5a. That the City Council pass a motion approving the request by Quality Concrete, Ron Stensgard, to subdivide Section 10-155-83, NW1/4 including Outlot 9 less road into 4 lots to be known as Quality Concrete 1st Subdivision, Block 1, Lots 1-4. Planning Commission Regular Meeting March 26, 2012 Page 3 of 18 This property is located south of 30th Avenue NW and east of 30th Street NW. Approval of this item is subject to the following: 1. Storm water management plan updated on each parcel prior to issuance of building permits. Motion to approve by Curl-Langager, seconded by Howe and carried unanimously. 6a. That the City Council pass a motion approving the request by City of Minot, Public Works Department, to subdivide Grove Addition, Block 1, South Park Terrace Addition, Block 1, Lot 14, and Section 25-155-83, Outlot 13, SE1/4NW1/4 into 3 lots to be known as Rosehill Cemetery Addition, Lots 1-3. 6b. Also, that the City Council introduce an ordinance on first reading approving the request by City of Minot – Public Works Department, to change the zone from R-3 (Multiple Residence District), R-1 (Single Family Residence District) and P (Public) to R-3 (Multiple Residence District) on proposed Rosehill Cemetery Addition, Lot 1 and to P (Public) on proposed Rosehill Cemetery Addition, Lots 2 & 3. This property is located inside the Rosehill Cemetery, east of 3rd Street SE. Motion to approve by Curl-Langager, seconded by Howe and carried unanimously. 7a. That City Council pass a motion approving the request by Bruce Walker/Joe Romance, to subdivide Kester’s Plat and an unplatted portion of the NW1/4NW1/4, Section 8-155-82 into 1 Lot to be known as Northeast Business Park Addition, Lot 1. 7b. Also, the City Council introduce an ordinance on first reading approving the request by Bruce Walker/Joe Romance, to change the zone from AG (Agricultural District) and R-1 (Single Family Residence) to M-1 (Light Industrial District) on proposed Northeast Business Park Addition, Lot 1. 7c. Also, the City Council pass a resolution approving the request by Bruce Walker/Joe Romace, to amend and assign a previously approved special use permit (Resolution No. 2639) for a bee-keeping business on Kester’s Plat, Lot 1 to proposed Northeast Business Park Addition, Lot 1. This property is located south of 30th Avenue NE and east of 27th Street NE (County Road 19). Motion to approve by Curl-Langager, seconded by Howe and carried unanimously. Planning Commission Regular Meeting March 26, 2012 Page 4 of 18 8a. That the City Council the introduce an ordinance on first reading approving the request by JaCraig Partners, to annex into City Limits Section 21-155-82, Outlot 70 less Lot A for the purpose of utilizing city services. This property is located at 205 42nd Street SE, north of Burdick Expressway East and on 42nd Street SE. Approval of this item is subject to the following: 1. Sewer and water hook up fees. Motion to approve by Curl-Langager, seconded by Howe and carried unanimously. 9a. That the City Council the introduce an ordinance on first reading approving the request by Minot Properties, LLC – Scott Barkley, to annex into City Limits Section 23-155-82, Sublot C of Outlot 1 for the purpose of utilizing city services. This property is located north of Highway 2 approximately 1/8 mile on 72nd Street SE. Approval of this item is subject to the following: 1. Sewer and water hook up fees. Motion to approve by Curl-Langager, seconded by Howe and carried unanimously. 10a. That the City Council introduce an ordinance on first reading approving the request by KLJ – Dean Rasmuson representing Bob Hale, to annex into City Limits Section 27-155-83, SW1/4SW1/4 less Elk Heights and Road for the purpose of utilizing city services. This property is located east of 30th Street SW and north of 20th Avenue SW. Approval of this item is subject to the following: 1. Sewer and water hook up fees. Motion to approve by Curl-Langager, seconded by Howe and carried unanimously. 11a. That the City Council introduce an ordinance on first reading approving the request by Norsk Brothers, Chad Thompson, to change the zone from M-2 (Heavy Industrial District) to C-3 (Central Business District) on Original Minot Addition, Block 18, Lots 2-4 less the easterly portion for R/W. Mr. Thompson spoke on this request. He stated they would like to turn this property into a mix of apartments and retail space. The apartments would be warehouse/loft type. They are working with Planning Commission Regular Meeting March 26, 2012 Page 5 of 18 others in the area to work out details of parking and will have a plan when final details are turned in for a building permit. He later indicated that he has 14 spots reserved in the lot next door. Corey Evenson - #3 Parkway – Is opposed to this request. He owns property in this area and has problems with finding parking for his tenants. He stated Dakota Drug located at 28 Main Street S has a limited number of parking spaces for their employees as well. Following discussion motion to approve by Eggen, seconded by Holbach and carried unanimously. 12a. That the City Council introduce an ordinance on first reading approving the request by Bruce Walker/Beyond Shelter, to change the zone from O (Office District) to R-3 (Multiple Residence District) on South Park Terrace 12th Addition, Lot 5. This property is located on the northwest corner of 18th Avenue SE and Hiawatha Street. Approval of this item is subject to the following: 1. Storm water management plan. 2. Sewer and water hook up fees. 3. Sidewalks be required along public streets. 4. Adjacent roadways need to be improved with the project. Dan Madler, Chief Operating Officer for Beyond Shelter stated this project will be an affordable housing project which will be partnering with Minot Housing Authority. They have received funds and federal grants to construct this project which will be in 2 phases. The first one will be due to start in August/September 2012 and be completed in August/September 2013 with the second phase to start in August/September 2013 and be completed in August/September 2014. The buildings will be slab on grade and a mix of 2, 3, and 4 bedrooms. Six of the units will be fully accessible. They will be leased to renters at the 60% median income or below. Richard Hodnefield – 900 Village Ave SE is opposed to this request. He is concerned about the increase in traffic and small children in the area. He lives in a retirement community and he does not feel this would be a good fit for the area. He agrees the city needs affordable housing but this is not the place for it. We need to look long range. Vicki Troftgruben – 3301 Woodside Drive SE stated she works at Minot State University for North Dakota Center for Persons with Disabilities. Part of her job is to find affordable housing for persons with disabilities and she fully supports this project. Lavonne Wedar – 1225 6th Ave SW is opposed to this request. She is purchasing a property in Edgewood Village as a retirement home. She is concerned about small children in the area, Planning Commission Regular Meeting March 26, 2012 Page 6 of 18 storage for the toys, bikes, etc. The garages are small and if there are two cars per unit where will they store these items. There will be an increase in traffic in the area, and this is not what she wanted when she retired. Following discussion motion to approve by Curl-Langager, seconded by Arneson and carried with no votes from Eggen and Howe, and Pankow abstaining. 13a. That the City Council pass a resolution approving the request by Patricia Cone, for a special use permit to place a single-wide (16’ x 76’) manufactured home on Brekke’s Subdivision, Lot 8. The property is currently zoned R-1 (Single-Family Residence District. This property is located at 1211 28th Street SW. Approval of this item is subject to the following: 1. The manufactured home must meet the manufactured home placement requirements:  Must have been built after June 15, 1976  900 square feet floor area minimum  Roof slope 2.5:12 minimum  Non-metallic/non-reflective roof covering  Majority of ceilings must be 7 ½ feet in height minimum  Must be securely attached to a permanent foundation. If piers are utilized, they must be a least 18 inches in diameter, extend to a depth of 4 feet below grade; be squared no greater than 8 feet on center. Home must be permanently anchored to piers. As a minimum, anchoring shall be ½ inch cable securely embedded in the pier, wrapped tightly around the frame of the home, and secured with two ½ inch “U” bolts. Anchoring shall be a four equally spaced points on each side of the home, minimum. Alternative foundation/anchoring designed based on data submitted by the manufacturer of the home may be considered. 2. Hook up fees. 3. Special Use Permit is limited to use by Patricia Cone only. Chuck Barney – 2413 11th Avenue NW spoke to this request. He is the alderman for the area and has been working with Mrs. Cone to have this request approved. She has lived in the area since 1989 and was flooded out in 2011. A single wide manufactured home has been in the area for 30 plus years and he feels this request should be approved. Planning Commission Regular Meeting March 26, 2012 Page 7 of 18 Following a brief discussion motion to approve by Eggen, seconded by Miller and carried unanimously. 14a. That the City Council introduce an ordinance on first reading approving the request by ACB Construction – Al Bulow, to change the zone from R-1 (Single Family Residence) to R-2 (Two Family Residence District) on Garden Valley Addition, Block 5, Lot 6. This property is located at 1211 28th Street SW. Written protests were turned in prior to the meeting, but no one spoke against the request. Motion to approve by Eggen, seconded by Curl-Langager and carried unanimously. 15a. That the City Council deny the request by Mitch Evenson, for a special use permit to establish an RV Park on the Rearrangement of Green Valley Addition, North 150’ of Lot 154. This property is located at the Intersection of Souris Drive and East Burdick Expressway, formerly the Sinclair Gas Station, adjacent to the Northland Harvest Church. If approved, this item is subject to the following: 1. A buffer yard needs to be established to the south and east. 2. Sewer and water hook up fees. Mr. Evenson – 219 Souris Drive stated this request was to increase the number of RV parking spaces he has available for rent. He has a year round campground now and it is already full for the coming season. He would like to increase the number of spots he has to allow more workers to come in to assist in the flood repair work. Several letters of protest were received on this request. Pat Kraft – 2433 Brookside Dr recently sold property at 2400 E Burdick Expressway and the new owner would not like to see an RV Park in the area. Larry Frey – 2515 Belview Drive and Alderman for the area stated he has received several calls stating they are opposed to this request. He feels it would not be a good fit for the area. Dave Lehner – 122 8th Street SE and Alderman for this area stated he has talked to several people in the neighborhood and they feel this property could be developed for a better use. Also since this area is near the state fairgrounds he feels this not a site that would be welcoming to the visitors to the area. Planning Commission Regular Meeting March 26, 2012 Page 8 of 18 Murray Greer – 12 Fairway is opposed to this request. He stated that this could turn into a mini “man camp” in a residential area. Following discussion motion to deny by Pankow, seconded by Curl-Langager and carried with Arneson voting no. 16a. That the City Council pass a motion approving the request by Pace North Dakota, LLC, Clint Bruestle, to subdivide Lakeside 3rd Addition, Blocks 2-4 into 25 lots to be known as Market at North Hill, Lots 1-25. 16b. Also, the City Council introduce an ordinance on first reading approving the request by Pace North Dakota, LLC, Clint Bruestle, to change the zone from C-2 (General Commercial District) to C-4 (Planned Commercial District) on proposed Market at North Hill, Lot 2. This property is located north of 21st Avenue NW and west of 16th Street NW. 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. 3. Traffic study shall be completed and approved by the City Engineer prior to grading. 4. Sewer and water hook up fees shall apply. 5. Final site plan with site and building area calculations, site and parking lot landscaping and screening plans, screening wall plan for docks, truck delivery routes identified, and lighting plans shall be provided for review and approval by the City Planner prior to issuance of a building permit. 6. Trash/recycling pick-up and all loading and delivery shall be limited to between the hours of 7:00 AM and 7:00PM. Keith Johanneson, President of Pace Development, Inc stated this project identified a need in the area during the flooding of 2011. They would like to develop this property with a mixed commercial and residential area. He presented the final drawings of what the development would look like when it is completed. They would have an onsite resident manager for the property. They will have underground parking that is heated and have worked with other businesses in the area on green spaces. Jim Hatlield, Alderman for this area stated this is a great project and identifies a need in this area. Planning Commission Regular Meeting March 26, 2012 Page 9 of 18 Motion to approve by Eggen, seconded by Howe and carried unanimously. 17a. That the City Council pass a resolution approving the request by Greg and Carol Mathwich, for a special use permit to place a single-wide (15’ x 66’) manufactured home on Nedrose 2nd Addition, Block 1, Lots 9-11. This property is located at 1000 53rd Street SE. Approval of this item is subject to the following: 1. The manufactured home meets the manufactured home placement requirements:  Must have been built after June 15, 1976  900 square feet floor area minimum  Roof slope 2.5:12 minimum  Non-metallic/non-reflective roof covering  Majority of ceiling must be 7 ½ feet in height minimum  Must be securely attached to a permanent foundation. If piers are utilized, they must be at least 18 inches in diameter, extend to a depth of 4 feet below grade; be squared no greater than 8 feet on center. Home must be permanently anchored to piers. As a minimum, anchoring shall be ½ inch cable securely embedded in the pier, wrapped tightly around the frame of the home, and secured with tow ½ inch “U” bolts. Anchoring shall be at four equally spaced points on each side of the home, minimum. Alternative foundation/anchoring designed based on data submitted by the manufacturer of the home may be considered. 2. Hook up fees would be required if sewer is within 200’ of the property. 3. The special use permit is limited to a term of 5 years. Lisa Mathwich – 917 53rd Street SE stated this lot is owned by her parents and they offered it to her since she lost her home in the flood. She is a student and would like to stay in the area and this request would afford her the opportunity. There was a trailer on the lot years ago and other manufactured homes in the area. Richard Lyon – 909 52nd Street SE is concerned if water/sewer hook up will be required since there is an existing sewer system in the area? How long will this permit be in affect? The City Planner stated this request is similar to one previously approved. The property has an existing septic system on the lot which can be utilized until sewer is extended to the north. Planning Commission Regular Meeting March 26, 2012 Page 10 of 18 Motion to approve by Howe with a 5 year limit, seconded by Eggen and carried unanimously. 18a. That the City Council deny the request by Kevin Connole, to change the zone from M-1 (Light Industrial District) to C-2 (General Commercial District) on Ridgedale Industrial Park Addition, Lots 4 and 5. This property is located on 45th Avenue NE and east of Main Street. Dean Rasmuson, Kadrmas Lee and Jackson, Inc spoke to this request. The request is for a zone change from M-1 to C-2 for the purpose of building 2 apartment buildings. He feels this would be a good buffer between the industrial and the large residential lots. He stated there will be green space provided, and a school and church are located in the area already. Following discussion motion to deny by Curl-Langager, seconded by Howe and carried unanimously. 19a. The City Council the introduce an ordinance on first reading approving the request by North Dakota Port Services, Greg Johnson, to annex into City Limits Section 4-155-82, SE1/4, SW1/4, S1/2NW1/4 & Gov’t Lot 4, Section 5-155-82, SE1/4, SW1/4, S1/2NE1/4 & Gov’t Lots 1 & 2, Section 8-155-82, Outlot 2 & the NE1/4, Section 9-155-82, NE1/4, SE1/4 & the SW1/4 less Outlot 1 & Section 16-155-82, NE1/4, N1/2SE1/4 & the SE1/4SE1/4. 19b. Also, the City Council the introduce an ordinance on first reading approving the request by North Dakota Port Services, Greg Johnson, to change the zone from AG (Agricultural District) and M-1 (Light Industrial District) to M-2 (Heavy Industrial District) on Sections 4-155-82, SE1/4, SW1/4, S1/2NW1/4 & Gov’t Lot 4, Section 5-155- 82, SE1/4, SW1/4, S1/2NE1/4 & Gov’t Lots 1 & 2, Section 8-155-82, Outlot 2 & the NE1/4, Section 9-155-82, NE1/4, SE1/4 & the SW1/4 less Outlot 1 & Section 16-155-82, NE1/4, N1/2SE1/4 & the SE1/4SE1/4. This property is located between 46th Avenue NE and County Road 12. Approval of this item is subject to the following: 1. The approval is limited to only the annexation and rezoning. 2. Master plans shall be submitted prior to any future request for subdivision, site plan or related requests. 3. Master plan storm water management shall be approved by the City Engineer prior to grading. 4. Transportation plan shall be submitted for the entire master plan area. 5. Sewer and water hook up fees shall apply. Planning Commission Regular Meeting March 26, 2012 Page 11 of 18 Mr. Johnson spoke on this request for the expansion and upgrade of the intermodal property. The site will be sectioned off based on the type of materials to be shipped or stored. They are working on the concerns of the city staff at this time. Laverne Mikkelson – 12400 72nd Street SW a property owner to the east has concerns about the water drainage in the area. Has a water retention plan been developed? Motion to approve by Curl-Langager, seconded by Eggen and carried unanimously. 20a. That the City Council schedule a public hearing to consider a resolution approving the request by Bruce Walker/Joe Romance, to vacate a plat known as Romance Acres, Block 1, Lots 1-5, Block 2, Lots 1-7, Block 3, Lot 1, and Block 4, Lots 1-3. This property is located south of 30th Avenue NE and east of 27th Street NE (CR 19). Mr. Walker stated this is a continuation of the request on an earlier item. Motion to approve by Curl-Langager, seconded by Howe and carried unanimously. 21a. That the City Council introduce an ordinance on first reading approving the request by D & DK Properties – Dean Keller, to change the zone from AG (Agricultural District) to M-1 (Light Industrial District) on Section 29-155-82, Outlot 37. This property is located at 1820 Hwy 2 Bypass East. Approval of this item is subject to the following: 1. Storm water management plan. 2. Site plan be provided. 3. Permit approval by NDDOT. Rolly Ackerman spoke on this request. His office will develop a site plan for this property. The property will have an office/shop building on it. The City Planner stated that once the site plan is received and reviewed, the project can move forward for permits. Motion to approve by Eggen, seconded by Curl-Langager and carried unanimously. 22a. That the City Council introduce an ordinance on first reading approving the request by Gene Krebs, to change the zone from RA (Agricultural Residential District) to R-3 (Multiple Residence District) on Section 36-156-83, Lot B of Outlot 4. Planning Commission Regular Meeting March 26, 2012 Page 12 of 18 This property is located at 5900 North Broadway. Mr. Krebs stated this request is develop this property into a multi-family residence. The property has an existing septic system and has been approved by First District Health Unit. At this time there are no city services in the area, but if and when they extend to the property the owner will be required to connect and will be liable for hook up fees. Following discussion motion to approve by Curl-Langager, seconded by Miller and carried with yes votes from Arneson, Eggen, Koop, Curl-Langager, Miller, and Moen, no votes from Holbach, Howe, Pankow, and Zimmerman 23a. That City Council pass a motion approving the request by Bakken Development Group Minot 1, LLC – Joe Genovese, to subdivide Northern Lights Addition, Block 1 into 251 lots to be known as Statesboro Addition , Block 1, Lots 1A-13B, Block 2, Lots 1A-14B, Block 3, Lots 1A-14B, Block 4, Lots 1A-13B, Block 5, Lots 1A-21B, Block 6, Lots 1A-18B, Block 7, Lots 1A-18B, Block 8, Lots 1A-14B & 15. 23b. Also, the City Council introduce an ordinance on first reading approving the request by Bakken Development Group Minot 1, LLC – Joe Genovese, to change the zone from R-2 (Two-Family Residence District) to R-4 (Planned Residence District) on proposed Statesboro Addition. This property is located on 16th Street NW between 30th and 36th Avenues NW. 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. 3. Sewer and water hook up fees shall apply. 4. The subdivision plans shall be amended to provide a greater variety of lot size for single family, a minimum of 2.5 acres of park (dedicated as such on the plat) and a trail plan. 5. City Staff and the Minot Park District shall work with the applicant to determine appropriate park amenities to be developed by the developer prior to or concurrently with development of the first 10 lots. Mr. Rasmuson spoke on this request. The developer agrees with all City Staff recommendations except #4 listed above, and to working with the Park District for the trail plans. The lots will be of mixed sizes with the homes staggered to show the depth of the development. They have also worked with the airport on green space and what they have submitted is acceptable. Planning Commission Regular Meeting March 26, 2012 Page 13 of 18 Following a brief discussion motion to approve by Eggen, seconded by Pankow and carried unanimously. 24a. That City Council pass a motion approving the request by Busek Family Real Estate, Partnership LLLP, to subdivide an unplatted portion of the SE1/4 of Section 1-155-83 into 225 lots to be known as Stonebridge Farms 4th Addition, Block 1, Lots 1-16, Block 2, Lots 1A-18B, Block 3, Lots 1A-11B & Lot 12, Block 4, Lot 1, Lots 2A-13B & Lot 14, Block 5, Lots 1A-3B, Lots 4-34, Lots 35A-38B, & Lots 39-59, Block 6, Lots 1A-1B, Lots 2-16, Lots 17A-17B, & Lot 18, Block 7, Lots 1-32, Block 8, Lots 1-5. 24b. Also, the City Council the introduce an ordinance on first reading approving the request by Busek Family Real Estate Partnership, LLLP, to change the zone from AG (Agricultural District) and R-1 (Single Family Residence District) on Block 1, Lots 1-16, Block 5, Lots 4-8, 10-15, 17-34, 39-59, Block 6, Lots 2-16, Block 7, Lots 1-6, 8-32 and to R3 (Multiple Residence District) on Block 4, Lot 1 and to R-3C (Townhouse Residence District) on Block 2, Lots 1A-18B, Block 3, Lots 1A-11B, Block 4, Lots 2A-13B, Block 5, Lots 1A-3B & 35A-38B, Block 6, Lots 1A-1B, 17A-17B and to P (Public) on Block 3, Lot 12, Block 4, Lots 14-15, Block 5, Lots 9 & 16, Block 6, Lot 18, Block 7, Lot 7, Block 8, Lot 5. 24c. Also, the City Council the introduce an ordinance on first reading approving the request by Busek Family Real Estate Partnership, LLLP, to annex proposed Stonebridge Farms 4th Addition into city limits. This property is located between 30th and 36th Avenues NE and East of 8th Street NE. 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. 3. Sewer and water hook up fees shall apply. 4. City staff and the Minot Park District shall work with the applicant to determine park areas for public dedication and appropriate method to deed these areas to the Minot Park District. Brock Storrusten, a representative of Moore Engineering spoke on this request. They are working with the Minot Park District and City Staff to ensure all recommendations are met. All board members agreed this was a very thorough application and feel this will be a great asset to the City. Motion to approve by Howe, seconded by Pankow and carried unanimously. Planning Commission Regular Meeting March 26, 2012 Page 14 of 18 25a. That City Council pass a motion approving the request by Busek Family Real Estate, Partnership LLLP, to subdivide Stonebridge Farms 2nd Addition, Block 2, Lots 1-2 and Stonebridge Farms 3rd Addition, Block 1, Lots 1-3 into 46 lots to be known as Stonebridge Farms 5th Addition, Block 1, Lots 1-16, Block 2, Lots 1-30. This property is located on 7th Street NE and north of 35th Avenue NE. Approval of this item is subject to the following: 1. Storm water management plan. 2. Sewer and water hook up fees. 3. Sidewalks are required. 4. Fire truck turnarounds at the end of private drives to be approved by the Fire Marshal. Brock Storrusten, a representative of Moore Engineering spoke on this request. They are working with the Fire Marshall to ensure all recommendations are met. Motion to approve by Arneson, seconded by Curl-Langager and carried unanimously. 26a. That City Council pass a motion approving the request by Preferred Equities, & Future Builders, Inc, Duane Johnson, to subdivide Woodside 15th Addition, Block 3, Lot 1 into 42 lots to be known as Woodside 19th Addition, Lots 1A-20B. This property is located south of 35th Avenue SE and east of 15th Street SE. 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. 3. Sewer and water hook up fees shall apply if not previously paid. 4. The preliminary plat shall be revised to reduce the overall number of units in order to meet all lot size and setback requirements of the R-3 district. 5. Fire truck turnarounds to be approved by the Fire Marshal. Rolly Ackerman spoke on this request. He stated that the plan does conform to R-3 zoning, and they agree to staff recommendations. They are requesting subdivision approval only, with no variance needed. Following discussion motion to approve by Pankow, seconded by Eggen and carried unanimously. Planning Commission Regular Meeting March 26, 2012 Page 15 of 18 27a. That the City Council deny the request by Kadrmas, Lee & Jackson – Dean Rasmuson, to reconsider the subdivision of an unplatted portion of the NW1/4NE1/4, Section 5-154-82 into 15 lots to be known as Highlands of Minot Addition, Block 1, Lots 1-6, Block 2, Lots 1-9. 27b. Also, the City Council deny the request by Kadrmas, Lee & Jackson – Dean Rasmuson to change the zone from AG (Agricultural District) to R-1 (Single-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 is subject to the following: 1. Storm water management plan shall be approved by the City Engineer & the Ward County Water Resource Board prior to grading. 2. Sewer hook up fees will apply. 3. A ghost plat for the subdivision shall be reviewed and approved by the City Planner prior to issuance of a building permit. 4. County Engineer to determine adjacent roadway improvements. Katie Heister, a representative of Kopper Creek, spoke on this item. They are proposing this area be developed with sidewalks and streets lights. The City Planner stated several letters of protest were received prior to and at the Planning Commission Meeting. Scott Newcomb – 4620 2nd Street SE acting as a spokesman for the residents passed out pictures and more letters/petitions. Some of the concerns they have are:  Too many houses in the area. Residents feel they are trying to force in as many houses as possible. It is a rural area and they would like to see it remain that way.  This area is shown on the comprehensive plan as a low density area. This development is not low density.  Topography in the area. There is a very large hill that would have to be removed or reshaped, and that would create drainage issues.  There are already drainage issues in the area. Has a study been done on the effect of this development if approved?  The average size of existing lots is 3 – 5 acres. These new lots will be considerably smaller.  Roads in the area are narrow and include a narrow bridge with a sharp turn. It is an accident waiting to happen if a bus and car try to pass this area at the same time.  Planning Commission Regular Meeting March 26, 2012 Page 16 of 18  An increase in traffic in the area  What are the concerns of the County Engineer? Following discussion, motion to deny by Miller, seconded by Howe and carried unanimously. Other Business 1. Agenda Item #23, a request by Gravel Products for a special use permit to remove sand , gravel and rock from a portion of unplatted SW1/4NE1/4 and SE1/4NW1/4, Section 32-155- 82, was withdrawn before the meeting. 2. A request by ACB Construction, Al Bulow for a variance on the size of lot required for an R-2 district from 7,000 sq. ft. to 5,000 sq. ft. was approved. This property is located at 101 21st Street NW. 3. The request by Pace North Dakota, LLC, Clint Bruestle, for a C-4 Plan Review on proposed Market at North Hill, Lot 2, was approved. This property is located north of 21st Avenue NW and west of 16th Street NW. 4. A request by Pace North Dakota, LLC, Clint Bruestle, for a variance to include a 5 story 93 unit apartment building with retail space on the first floor on proposed Market at North Hill, Lot 2, was approved. This property is north of 21st Avenue NW and west of 16th Street NW. 5. A request by Gene Krebs, for a variance in the number of residential units allowed on a rural lot without city services on Section 36-156-83, Lot B of Outlot 4, was approved. This property is located at 5900 North Broadway. 6. A request by Bakken Development Group Minot 1, LLC, - Joe Genovese, for an R-4 Plan Review on proposed Statesboro Addition was approved. 7. That the City Council approve the request by Charlie Harrison, to subdivide Section 26- 155-82, Outlot 5 into 5 lots to be known as Harrison Addition, Lots 1-5. This property is located east of 72nd Street SE and south of 11th Avenue SE. **As the motion to approve resulted in a tie, the motion does not move forward to City Council.** Mr. Harrison stated he has reduced the number of lots to 5. He will be building his own home on Lot 1 of the development and understands there will be a lot of fill required to address the water issue on the lot. He provided a chart showing lot comparisons and a support letter from neighbors.  Planning Commission Regular Meeting March 26, 2012 Page 17 of 18 Dana Larson, the County Engineer, stated he has discussed the access issue with Mr. Harrison and lots will have shared access points. Mr. Harrison will have to submit an updated storm water management plan, and he understands the water issue on Lot 1. The County Engineer agrees with the access points. Mr. Harrison will have to work with the Water Board on the drainage issue. Mary Shaw – 7202 11th Ave SE is opposed to the request. She owns the property to the east and has had many loads of fill brought in to build up her lot because her barn is sinking. The property is full of water and quick sand. She passed out pictures of the property showing the water and the sinking buildings. Thomas Klein – 5504 54th Ave SE, Chairman of the Water Board stated Mr. Harrison’s engineer will have a challenge with the drainage issues on his property. Motion to approve by Pankow, seconded by Eggen, motion failed with yes votes from Arneson, Eggen, Koop, Pankow and Zimmerman, no votes from Holbach, Howe, Curl-Langager, Miller and Moen. 8. A request by Mark Hinton to subdivide Section 4-154-82, Outlot 48 into 48 lots to be known as Talon Point Addition, Block 1, Lots 1-26, Block 2, Lots 1-8, Block 3, Lots 1-14 be held. Also, a request to change zone from C-2 (General Commercial District) to R-1 (Single-Family Residence District) on proposed Talon Point Addition be held. Jon Martin – Wold Engineering stated this request is to develop property for single family residences. They will connect to North Prairie Rural Water. They are working to incorporate a park and green space into the development. They agree with the City recommendations. Candice Brekke – 3901 County Road 19S is very opposed to this request. This is a rural area, with lots of trees and open space. She has concerns over the water problems in the area. Has a water study been done for this area? Will the developer allow the current home owners to purchase the vacant lots next to them to save the trees? This type of development does not fit well in the area. Joel Walter – 4200 County Road 19S is concerned with the increase in traffic in the area. If this subdivision is allowed to go through the traffic will come right at his house. Also he is concerned about the water issues in the area. There are several small children in the area and there are no sidewalks. John Backes – 3631 County Road 19S is one of the owners of this property and stated he has been approached by several buyers for commercial use. He lives in the area and wanted a family development, not commercial. That is why he held off until this proposed development. Planning Commission Regular Meeting March 26, 2012 Page 18 of 18 Marlyn Bischke – 4401 County Road 19S lives south of this property and stated everyone in the area has a septic system. Will this area be able to support this development for sewer? Shirely Faydo – 4301 County Road 19S presented a letter with her concerns. The road has flooded several times. The access road is very near her property and she bought her lot as a rural property. It would no longer be rural if this is approved. She has concerns with services in the area; the Sheriff does a drive by when possible; what about school enrollment; what about fire protection? Sherilyn Abrahamson – 4000 County Road 19S is opposed to this request. The roads are very narrow in this area and with the ditches on both sides they cannot be expanded. There are no sidewalks in the area. Edward Kirkelie – 4100 37th Street SE is opposed to this request. It is very difficult to get on the highway in the mornings from his property now and the increase in traffic would make it almost impossible. Several letters of protest were received in the office and at the Planning Commission Meeting. Motion to hold by Arneson, for concerns of the current property owners and clarification of the plans for this development, seconded by Koop and carried unanimously. Meeting adjourned at 10:15 p.m.