Planning Commission

Planning Commission Regular Meeting April 30, 2012 Page 1 of 20 Chairperson Amy Moen presiding. Members Present: Arneson, Berning, Conklin, Eggen, Holbach, Howe, Koop, Curl-Langager, Moen, Pankow, Stremick, and Zimmerman Members Absent: Miller Others Present: City Engineer, Assistant City Engineer, Fire Marshal, City Planner, City Attorney, City Assessor, Traffic Engineer, Public Works Director, County Engineer, Jason Sorenson, Aldermen Hatlelid, Jantzer, Olson, Withus, Connole and Krabseth, Jill Schramm, Joel Feist, John Coughlin, Rolly Ackerman, Sean Weeks, Dean Rasmuson, Bruce Walker, and many others ___________________________________________________________________ Approval of Minutes: The minutes of the March 26, 2012 regular meeting were approved. Recommendations 1a. (AGENDA ITEM #1) That the City Council pass a motion approving the request by Danny Schatz, to subdivide Section 31-155-82, Outlot 14 into 2 lots to be known as Brookview 7th Addition, Lots 1 & 2. This property is located on 17th Street SE and 21st Avenue SE. Approval of this item is subject to the following: 1. Annexation petition. 2. Zone change required. 3. Show 100 year flood plan on plat. 4. 17th Street reconstructed to an urban section. 5. Amend the Future Land Use Plan to guide Lots 1 & 2 as Commercial. Motion to approve by Curl-Langager, seconded by Howe and carried unanimously. Planning Commission Regular Meeting April 30, 2012 Page 2 of 20 2a. (AGENDA ITEM #2) That the City Council introduce an ordinance on first reading approving the request by Landmark Engineering, Chris Todd, to change the zone from C-1 (Limited Commercial District) to R-4 (Planned Residence District) on Highlander Estates, Block 13 and from R-3 (Multiple Residence District) to C-1 (Limited Commercial District) on Highlander Estates Subdivision, Block 10. This property is located north of 37th Avenue SW and east of 30th Street SW. Approval of this item is subject to the following: 1. Storm water management plan 2. Sewer and water hook up fees. 3. Sidewalks required. Motion to approve by Curl-Langager, seconded by Howe and carried unanimously. 3a. (AGENDA ITEM #3) That the City Council pass a resolution approving the request by General Scrap, Inc, for a special use permit to replace an existing flooded mobile home used as an office with a new mobile home to be used as an office on Hovde’s 1st Addition, Lot 1. This property is located at 3101 Valley Street. Motion to approve by Curl-Langager, seconded by Howe and carried unanimously. 4a. (AGENDA ITEM #7) That the City Council pass a motion approving the request by Midwest Capital Group, Donald Malchose, to subdivide Ridgedale Industrial Park 3rd Addition, Lots 8-10 into 1 lot to be known as Malchose Addition, Lot 1. This property is located on the north side of 40th Avenue NE and west of 2nd Street NE. Approval of this item is subject to the following: 1. Sewer and water needs to be extended to this property and hookup fees will apply. 2. Storm water management plan is required. 3. The frontage road should be improved to access the property. Motion to approve by Curl-Langager, seconded by Howe and carried unanimously. Planning Commission Regular Meeting April 30, 2012 Page 3 of 20 5a. (AGENDA ITEM #8) That the City Council the introduce an ordinance on first reading approving the request by Brian Sneed, to annex into city limits Morningside Addition, Block 4, Lots 4-6, for the purpose of utilizing city services. This property is located north of Burdick Expressway East 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. 6a. (AGENDA ITEM #9) That the City Council pass a motion approving the request by Andy Thurston, to subdivide Nodak Klassics Addition, Lots 1 & 2 into three lots to be known as Nodak Klassics 2nd Addition, Lots 1-3. This property is located on 4731 Burdick Expressway East. Approval of this item is subject to the following: 1. Rural sewer study required for septic system. 2. Sign a non-protest of annexation. 3. Sign a non-protest of sewer and water special assessment. Motion to approve by Curl-Langager, seconded by Howe and carried unanimously. 7a. (AGENDA ITEM #15) That City Council schedule a public hearing to consider a resolution approving the request by 36th Street Rentals, LLC, Mike Tappe, to vacate a portion of 5th Street NE lying south of 36th Avenue NE and adjacent to Airport Industrial Park Addition, Block 1, Lot 1. Approval of this item is subject to the following: 1. Utility easements are provided for any public & private utilities within. This property is located south of 36th Avenue NE and adjacent to a portion of 6th Street NE. Motion to approve by Curl-Langager, seconded by Howe and carried unanimously. 8a. (AGENDA ITEM #16) That the City Council schedule a public hearing to consider a resolution approving the request by Andy Gill, to vacate a portion of 22nd Avenue SW adjacent to Nash Finch Addition, Block 1; Venture 2nd Addition, Lot 2; Highway Subdivision, Block 3; and Thompson’s 4th Plat, Lot 13. This property is located south of Days Inn. Planning Commission Regular Meeting April 30, 2012 Page 4 of 20 Motion to approve by Curl-Langager, seconded by Howe and carried unanimously. 9a. (AGENDA ITEM #18) That the City Council pass a motion approving the request by Brooking Built Green, Dusten Hendrickson, to subdivide Forsberg’s 1st Addition, Block 1, Lot 1 into two lots to be known as Forsberg’s 5th Addition, Lots 1 & 2. This property is located on the northwest corner of the intersection of 4th Avenue NW and 7th Street NW. Motion to approve by Curl-Langager, seconded by Howe and carried unanimously. 10a. (AGENDA ITEM #5) That the City Council pass a motion approving the request by Puppy Dog Properties, LLC, John Coughlin, to subdivide an unplatted portion of the NE1/4 of Section 36-155-83 into 5 blocks to be known as Livingston 7th Addition, Block 1-5. 10b. Also, the City Council the introduce an ordinance on first reading approving the request by Puppy Dog Properties, LLC, John Coughlin, to change the zone from AG (Agricultural District) to C-2 (General Commercial District) on proposed Livingston’s 7th Addition. 10c. Also, the City Council the introduce an ordinance on first reading approving the request by Puppy Dog Properties, LLC, John Coughlin, to annex into City Limits proposed Livingston’s 7th Addition, for future development as commercial uses. This property is located south of the Hwy 2 & 52 Bypass South and east of 6th Street SE. Approval of this item is subject to the following: 1. Sewer and water hook up fees shall apply. 2. Transportation Study. 3. Amend the Future Land Use Plan to guide Blocks 1-5 as Commercial. 4. Appropriate landscaping and screening shall be provided along all south lots facing residential lots. 5. Sidewalks are required on the north side of 21st Avenue SE. Sidewalks will be installed on the south side of 21st Avenue SE as part of road improvements. Mr. Coughlin stated this request is for further development of the property for commercial use. They agree with the recommendations and will provide the appropriate landscaping. Motion to approve by Arneson, seconded by Berning and carried unanimously. Planning Commission Regular Meeting April 30, 2012 Page 5 of 20 11a. (AGENDA ITEM #10) That the City Council pass a motion approving the request by Kinney Construction, Mike Kinney, to subdivide Lakeside 3rd Addition Block 10, and Terrace Heights 5th Addition, Lot 6 into one lot to be known as Northern Meadows Addition, Lot 1. 11b. Also, the City Council the introduce an ordinance on first reading approving the request by Kinney Construction, Mike Kinney, to change the zone from R-3 (Multiple Residence District) and C-2 (General Commercial District) to R-3 (Multiple Residence District) on proposed Northern Meadows Addition, Lot 1. This property is located on the southwest corner of the intersection of 16th Street NW and 21st Avenue 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. Final site plan with site area calculations, parking, colored building elevations, landscaping and screening plans shall be provided for review and approval by the City Planner prior to issuance of a building permit. 5. The applicant should provide community green space and playground amenity. 6. Temporary turn around must be installed with the 20th Avenue NW roadway improvements. 7. A watermain easement on the west property line is required. Dean Rasmuson, Kadrmas Lee and Jackson, Inc., spoke to this request. The property will be developed with multi-family units. They will have open spaces and will work with the City Staff to make sure all recommendations are met. James Szymanski – 1605 20th Avenue NW is concerned with the number of units and the traffic flow. The area of 16th Street and 20th Avenue NW is a hazard area now and there needs to be two access points from this development. He would like 21st Avenue access to be considered. The City Engineer stated a second access point is being studied to allow traffic to access 20th Avenue NW on the west side and then hook north to connect with 21st Avenue west of the proposed development. Following discussion motion to approve by Curl-Langager, seconded by Stremick and carried unanimously. Planning Commission Regular Meeting April 30, 2012 Page 6 of 20 12a. (AGENDA ITEM #12) That the City Council pass a resolution approving the request by Baker Hughes Oilfield Operations, Inc., George Bernhardt, for a special use permit for chemical storage which exceeds International Fire Code exempt amounts on Prairie Wynd Addition, Lot 2. This property is located at 4525 8th Street NW. Approval of this item is subject to the following: 1. Fire Code requirements. A representative of ABC Concepts stated this is the chemical building. All chemicals are stored inside a building that has a berm built around it, and is sprinkled throughout. These are all liquid chemicals and they will be stored in secured totes inside the building. The Fire Marshall stated he has reviewed the plans for storage of these chemicals and the safety measures by Baker Hughes mitigate some of the concerns of his office. The facility will have a safety review/inspection on an annual basis. The chemicals are toxic in nature but not airborne. James Hatlelid – 1944 Skyline Drive, Alderman for this area stated he has received a number of calls in protest of this request. The homeowners are very much against this. Randy Renfandt – 521 8th Street NW spoke on behalf of the Minot Public School District. They are very opposed to this request. The School District is purchasing land in the area for a new school to be built due to the flood. They are requesting this item be held for further study of the impact this will have on the school. Georgia Strand – 3900 16th Street NW is opposed this request. She was not notified about this request. She would like to have more information on the type of chemicals to be stored here. What are the concerns of the Fire Department? She has a large detention pond on her property, if there were to be a leak how would this affect her pond? She stated an adjacent property owner has expressed an interest in selling his land for residential development. Who would like to buy a house with a chemical storage area next to them? She would just like a little more information on this request. Ron Lochthowe - 202 28th Avenue SE asked what would be the ramifications if the facility was to blow up? Has a study been done on the chemical hazards? Following discussion motion to approve by Berning, seconded by Stremick and carried with no vote from Arneson. Planning Commission Regular Meeting April 30, 2012 Page 7 of 20 13a. (AGENDA ITEM #14) That the City Council introduce an ordinance on first reading approving the request by Devin Somerville to annex into City Limits Section 1-154-83, Outlot 13 to be able to utilize city services. 13b. Also, the City Council the introduce an ordinance on first reading approving the request by Devin Somerville, to change the zone from R-3 (Multiple Residence District) to C-2 (General Commercial District) on Section 1-154-83, Outlot 13. This property is located at 4315 South Broadway. 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. 4. Frontage road must be improved to a paved roadway section. 5. Sign a non-protest for special assessment when 43rd Avenue SE is upgraded to an urban section. A representative for the developer stated this request for a zone change is to enable construction of a hotel at some point. Jerry Darling – 5 44th Ave SW has several questions on this request. Have the site plans been done yet? Can he review them? There are three property owners in the area that are on septic systems, and what will the water run off from this property do to them? He was not notified that the zone change was previously approved. Will he be notified in the future? Has a storm water plan been approved by the City Engineer? The property owners in the area do not want a hotel in area. Blake Krabseth- 1401 35th Avenue a managing partner with Watne Realty stated his firm had the original listing for this lot and wanted to develop it. Due to a gas line running through the lot the previous buyer’s interest changed. Another buyer stepped forward. He feels this would be the best use of the land. Following discussion motion to approve by Curl-Langager, seconded by Holbach and carried with Zimmerman abstaining. 14a. (AGENDA ITEM #19) That the City Council pass a motion approving the request by Ready Builders II, Stacey Abel, to subdivide an unplatted portion of Section 8-155-83 into 28 lots to be known as Whitetail Ridge, Block 1, Lots 1-14, Block 2, Lots 1-3, Block 3, Lots 1-11. 14b. Also, the City Council the introduce an ordinance on first reading approving the request by Ready Builders II, Stacey Abel, to change the zone from AG (Agricultural District) to R-1 (Single Family Residence District) on proposed Whitetail Addition. Planning Commission Regular Meeting April 30, 2012 Page 8 of 20 This property is located north of 19th Avenue NW and at the end of 56th Street NW. Approval of this item is subject to the following: 1. Storm water management plan. 2. Rural septic study. 3. Township requirements per letter regarding access and adjacent roadways. Rollie Ackerman spoke to this request. This subdivision will be similar to others in the area. The road will be brought up to County standards. They agree to all recommendations. Robert Barnard – 2012 56th Street NW has concerns about the road. He would like to see 56th Street NW moved and 19th Avenue NW and 56th Avenue NW be brought up to township/county standards. Motion to approve by Eggen, seconded by Pankow and carried unanimously. 15a. (AGENDA ITEM #20) That the City Council pass a motion approving the request by Moure Equipment, LLP, Jamie Melgaard, to subdivide Gold Nugget 2nd Addition, Lot 1, Gold Nugget 3rd Addition, Block 2, and Gold Nugget 5th Addition, Lots 1-3 into 6 lots to be known as Gold Nugget 6th Addition, Lots 1-6. 15b. Also, the City Council the introduce an ordinance on first reading approving the request by Moure Equipment, LLP, Jamie Melgaard, to change the zone from C-2 (General Commercial District) and M-1 (Light Industrial District) to M-1 (Light Industrial District) on proposed Gold Nugget 6th Addition, Lots 1-6. 15c. Also, the City Council the introduce an ordinance on first reading approving the request by Moure Equipment, LLP, Jamie Melgaard, to annex into city limits proposed Gold Nugget 6th Addition, Lots 1-6, for future development for sale. This property is located on the Hwy 2 Bypass East and west of 42nd Street SE. Approval of this item is subject to the following: 1. Storm water management plan. 2. Sewer and water hook up fees. 3. Traffic study. Rollie Ackerman spoke to this request. After meeting with the property owner and City Staff they agree to the recommendations. Motion to approve by Howe, seconded by Eggen and carried unanimously. Planning Commission Regular Meeting April 30, 2012 Page 9 of 20 16a. (AGENDA ITEM #21) That the City Council pass a motion approving the 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 1-20, Block 2, Lots 1-7, Block 3, Lots 1-14. 16b. Also, the City Council the introduce an ordinance on first reading approving the request by Mark Hinton, to change the zone from C-2 (General Commercial District) to R-1 (Single-Family Residence District) on proposed Talon Point Addition, Block 1, Lots 1-20, Block 2, Lots 1-7, Block 3, Lots 1-14. This property is located between County Road 19 and Highway 52 south of 37th Avenue SE. Approval of this item is subject to the following: 1. Storm water management plan shall be approved by the City Engineer and Ward County Water Resource Board prior to grading. 2. Sidewalks are required if roads are built to urban standards. 3. Sewer hook up fees shall apply. 4. Access to County roads be approved by City Engineer and County Engineer. 5. Developer must sign a non protest of annexation agreement. 6. Lowest floor opening to be built one foot higher than 2011 flood elevation. 7. Ditch improvements to be approved by the County Engineer. Jerry Nutter one of the developers for this area spoke on the request. This is a zone change for residential lots and they are aware of the issues with the water and traffic. Jon Martin with Wold Engineering presented a plan for this area. They will increase the size of the culverts in the area and place larger storm drains. They will open up some culverts and install underground sewers. There will be detention ponds in the area. They will have sidewalks, curb and gutter in area and will hook up to city sewer. They will create a buffer fence between this development and others in the area. They are working on access points in the development. Patty Pretzer – 4221 County Road 19 S spoke on behalf of the property owners in the area, many of whom were present at this meeting. They have concerns about several things:  Lot size. Most of the current lots in the area are 1 ½ to 2 ½ acres. These lots will be smaller.  Traffic and visibility. It is very difficult to get on to the highway in this area and this development will make it even harder.  Drainage and flooding. She presented the commission with several pictures showing water on this property. There was also water on it during the flood of 2011. Planning Commission Regular Meeting April 30, 2012 Page 10 of 20  Souris River Plan for flood control shows highway will be raised. This will cause water problems.  Building in Ward County. The County put a hold on all new building while the recovery is going on to study the effects of flooding. Has the City looked at this option?  Domestic water issues – Can North Prairie Rural Water support this number of new homes and how will it affect the existing home owners?  Health and Safety – Fire Department and Sherriff. Thomas Klein – 5504 54th Ave SE, Chairman of the Water Board stated they are opposed to this request for the same reasons as outlined above. This development will have an impact on property owners upstream and downstream. John Backes – 3631 County Road 19 S is one of the owners of this property. He stated the property is zoned C-2 which is commercial. He has been approached by several individuals wanting to use this property for commercial uses. He has turned them down because he would like to see the land developed as residential. He lives in the area and has not seen water on this property. Jim Jenson lives across the street from this property and he would like to see it developed as residential. His family owned the land for many years. Sandra Boe – 5261 Hwy 52 E is opposed to this request. She has been flooded several times and has lost the KOA Campgrounds due to water. She would like to see something done to help with the water in the area before any more development occurs. Joe Cunningham – 3920 County Road 19 S is opposed to this request due to the increase in the traffic in the area. The property owners bought their homes here because it was a rural setting and they would like to see it stay that way. Several letters of protest were received in the City Planner’s Office. Motion to approve by Curl-Langager, seconded by Holbach, motion passed with yes votes from Berning, Eggen, Holbach, Curl-Langager, Pankow, and Zimmerman, no votes from Arneson, Conklin, Howe, Koop, and Moen, and Stremick abstaining. 17a. (AGENDA ITEM #22) That the City Council deny the request by John Pankratz, to subdivide W1/2 of the SW1/4 and West 27 Rods of the E1/2 of Section 4-154-82 into 23 lots to be known as Beaver Creek Meadows 1st Addition, Block 1, Lots 1-13, Block 2, Lots 1-10. 17b. Also, the City Council deny the request for a zone change from AG (Agricultural District) to R-1 (Single Family Residence District) on proposed Beaver Creek Meadows Addition. Planning Commission Regular Meeting April 30, 2012 Page 11 of 20 This property is located ¾ mile west of 30th Street SW and north of 54th Avenue SW, John Pankratz spoke on this request. He would like to develop this property with residential lots. The lots would be 2 acres in size, have power supplied by Verendrye Electric, water from North Prairie Rural Water and the roads would be maintained by the Township. He is working to develop two access points in the area. Steve Sperling – 4600 46th Street SW is opposed to this request due to the roads in the area. They have flooded in the past and they have been stranded. The prairie trails have been used by contractors working in the area and now they are bad shape. He lives on a dead end road and has to help vehicles stuck in the mud. Blaine Schumacher – 6900 93rd Avenue SW is the Township Chairman and is opposed to this request. The Township has no money to maintain roads now and this development would just add to the problems. Dana Larson – Ward County Engineer stated if this request were approved there are several things that need to be improved in the area before development could take place. The developer would have to improve the roads to County Standards with the cost to the developer. Puppy Dog Coulee would have to be improved and the culverts would need larger drainage pipes. David Zietlow – 4500 46th Street SW is opposed to this request due to the roads. They are very narrow and traffic speeds through the area now. This development would just add to the problem. David Zietlow, Jr. – 5100 46th Street SW is opposed to this request due to the traffic concerns. There are small children in the area and with no shoulder on the roads they sometimes play close to the road. This development would increase the chance of a child being hurt by traffic. Beth Barndt – 3621 54th Avenue SW is opposed to this request. Water flows through the area and she has been stranded and has had to walk to her house from the main road. Motion to deny by Berning, seconded by Curl-Langager Holbach, motion passed with yes votes from Arneson, Berning, Conklin, Eggen, Koop, Curl-Langager, Moen, Pankow, Stremick, and Zimmerman, no votes from Holbach, and Howe. 18a. (AGENDA ITEM #23) That the City Council Council pass a motion approving the request by Premiere Development, LLC, John Coughlin, to subdivide Premiere Addition, Block 1, Lot 1 into five lots to be known as Broadway Center 1st Addition, Block 1, Lots 1-5 This property is located on South Broadway and 31st Avenue SE. Planning Commission Regular Meeting April 30, 2012 Page 12 of 20 Approval of this item is subject to the following: 1. Sewer and water hook up fees shall apply. 2. Applicant shall work with city staff to resolve site plan, roadway and access issues noted. 3. A storm water management plan is required prior to any grading or land development. 4. 10’ of right of way needs to be platted on the north side along 31st Avenue. 5. Access and utility easements must be shown on final plat. Mr. Coughlin stated this request is for development of the property for future commercial use and agrees with the conditions. Motion to approve by Eggen, seconded by Howe and carried with Pankow voting no. 19a. (AGENDA ITEM #24) That the City Council introduce an ordinance on first reading approving the request by Daniel Feist, to change the zone from R-1 (Single Family Residence District) to C-2 (General Commercial District) on Broadway Heights 2nd Addition, Lot 2. This property is located on North Broadway and north of the old A-1 Rental. Approval of this item is subject to the following: 1. Storm water management plan. 2. Sewer and water hook up fees. 3. Adequate landscape buffer to protect neighbors to the east. Joel Feist spoke on this request. The property is located next to the new Hampton Inn and they would like to develop this property with another hotel/restaurant in the future. He has met with the home owners and has worked through some of their concerns. He will build up the buffer zone between this development and the homes in the area. Access will be off Broadway and the Frontage Road there will be no access through the residential area. They will work with City Staff to ensure a buffer zone and landscaping requirements are met. John and Vickie Martinson – 1301 Robert Street are opposed to this request. They do not want another hotel in the area. They would be surrounded by commercial properties. If a hotel were placed on this lot, she would see all levels of it and the visitors to the hotel would be able to see into her home. Traffic is an issue now and if this lot were developed with another hotel, traffic from the north would have to cross all lanes to turn into this lot. Steven Files – 1119 Robert Street is opposed to this request. He is building a new home on Robert Street and with the increase in traffic and noise it will not be a nice quiet neighborhood. He would Planning Commission Regular Meeting April 30, 2012 Page 13 of 20 like to see some kind of buffer zone, not just trees, to help with the noise. Also, another hotel and restaurant will increase noise and reduce property values. David Leite and Linda Olsen - #2 11 Avenue NW are opposed to this request. There are several renters in the area, what would this type of development do to them. There needs to be a buffer between commercial and residential. Russell Gagnon – 1108 Robert Street is opposed to this request. There is a lot of run off on Robert Street now and with this development it would increase. The infrastructure in the area is very old and after the 2011 flood, would it be able to handle this type of development. Kari Files – 1119 Robert Street is opposed to this request, She feels trees alone would not be enough of a buffer to help control the noise. She does not want to see another hotel from her house. If they level the lot to build another hotel will they use the dirt removed to build up the elevation between the developments? Terry & Doreen Krzebetkowski – 1204 Robert Street are opposed to this request. They are long time residents of the area and feel there needs to be a buffer zone between the developments. Will this be enforced to ensure a proper buffer area is built? Motion to approve by Pankow seconded by Eggen and carried unanimously. 20a. (AGENDA ITEM #26) That the City Council pass a motion approving the request by Genco Minot Group, LLC, Joe Genovese, to subdivide Polar Bear Ridge Addition, Lot 2 and Northern Lights Addition, Block 3 into 272 lots to be known as Idewild Addition, Block 1, Lots 1-15, Block 2, Lots 1-30, Block 3, Lots 1-25, Block 4, Lots 1-25, Block 5, Lots 1-27, Block 6, Lots 1-35, Block 7, Lots 1-15, Block 8, Lots 1-18, Block 9, Lots 1-34, Block 10, Lots 1-16, Block 11, Lots 1-16, Block 12, Lots 1-16. This property is located between 32nd & 36th Avenues NW and between 7th & 13th Streets NW. Approval of this item is subject to the following: 1. Sewer and water hook up fees shall apply. 2. Transportation Study. 3. Storm water management plan shall be submitted and approved prior to grading. Dean Rasmuson with Kadrmas, Lee and Jackson Engineering stated they concur with staff recommendations. Motion to approve by Eggen, and seconded by Curl-Langager and carried with Berning voting no. Planning Commission Regular Meeting April 30, 2012 Page 14 of 20 21a. (AGENDA ITEM #28) That the City Council deny the request by Dan O’Connor, for a special use permit to construct self-storage units on a property zoned C-2 (General Commercial District on Northdale 1st Addition, N25’ Lot 2 and all of Lot 6, S75’ of Lot 7 less E40’. This property is located at 2525 North Broadway. Dan O’Connor explained his request and asked that the Planning Commission not restrict the hours of operation. He indicated that each renter is provided with a pass key and there is on site security systems. He also asked if he would have to pave the lot. The City Planner indicated that it is part of the requirements. Chairperson Moen asked the City Planner if any other ministorage was located this far south on Broadway. She stated there was climate controlled storage on the east side of Broadway north of this location. Howe stated he felt this proposal had architectural challenges and encouraged the Commission not to support for those reasons. Motion to deny by Curl-Langager, seconded by Berning and carried unanimously. 22a. (AGENDA ITEM #29) That the City Council pass a motion approving the request by Kadrmas, Lee & Jackson, Dean Rasmuson, to subdivide Northern Lights Addition, Blocks 10 & 12 into 2 blocks to be known as Northern Lights 3rd Addition, Block 1 & 2. This property is located east of the Hwy 83 Bypass and 30th Avenue NW. Motion to approve by Eggen, seconded by Howe and carried unanimously. 23a. (AGENDA ITEM #31) That the City Council pass a motion approving the request by Shane & Carissa Fournier, to subdivide an unplatted portion of the SW1/4SW/14, Section 8-155-82 into 1 lot to be known as Section 8-155-82, Outlot 5. 23b. Also, that the City Council introduce an ordinance on first reading approving the request by Shane & Carissa Fournier, to change the zone from AG (Agricultural District) to R-1 (Single Family Residence District) on proposed Section 8-155-82, Outlot 5. This property is located along 27th Street NE (County Road 19) at approximately 19th Avenue NE, just south of 1800 27th Street NE. Approval of this item is subject to the following: 1. 40’ of dedicated right of way must be dedicated on the south lot line to be known as 19th Avenue. Planning Commission Regular Meeting April 30, 2012 Page 15 of 20 Carissa Fournier spoke on this request. Her family was flooded and her grandfather has gifted this property to her to build her new home. They will work with the County Engineer for approval of the approach to the lot and they agree to the 40’ dedicated right of way. Following a brief discussion motion to approve by Howe, seconded by Zimmerman and carried unanimously. 24a. (AGENDA ITEM #32) That the City Council pass a motion approving the request by Roers Development, Larry Nygard, to subdivide Southgate Addition, Lot 1 into 3 lots to be known as Southgate 2nd Addition, Lots 1-3. 24b. Also, that the City Council introduce an ordinance on first reading approving the request by Roers Development, Larry Nygard, to change the zone from AG (Agricultural District) to C-2 (General Commercial District) on Lots 1 & 3 and to R-4 (Planned Residence District) on Lot 2 of proposed Southgate 2nd Addition. 24c. Also, that the City Council the introduce an ordinance on first reading approving the request by Roers Development, Larry Nygard, to annex proposed Southgate 2nd Addition into city limits. This property is located west of 16th Street SW and between 31st and 36th Avenues SW. Approval of this item is subject to the following: 1. Storm water management plan shall be approved by the City Engineer prior to grading on Lots 1-3. 2. Sidewalks are required. 3. Sewer and water hook up fees shall apply. 4. A final storm water management plan will be required for the remaining land prior to development on Lots 1-3. 5. A traffic impact study and the improvements recommended by that study must be implemented prior to development of Lots 1-3. 6. The landscape plan shall be revised to include evergreen trees and more extensive screening along the west side of the site abutting the single family residential area. 7. The future land use plan shall be amended for the portion of Lot 2 to High Density Residential. 8. A second access to Meadowlark Drive is required. Larry Nygard, Roers Development spoke on this request. They would like to develop this area with a mix of commercial and residential lots. There will be “Class A” apartments with underground parking. It will have large in-building storage units, a pool and extra parking. They are working with staff on site and storm water management plans. A traffic study was conducted by their firm and the results will be turned in with the plans. Planning Commission Regular Meeting April 30, 2012 Page 16 of 20 Linda Gertz – 1801 Meadowlark Drive is opposed to this request. She would like to know what will be done to ensure privacy to her property. There are issues with the traffic, noise, lights and water runoff in this area. She feels these areas need to be addressed and taken care of before any more development goes on in this area. Sean Weeks with Ackerman Engineering stated they have started working on the plans for this area. They are working on a storm water management plan to allow for the flow of water out of the area. They will include a detention pond on the property also. The City Engineer stated this office is aware of concerns of the home owners and are working to develop a second access point from Meadowlark Drive. When 31st Avenue SW is developed there will be a stop light at 16th Street SW and 31st Avenue SW. Alderman Blake Krabseth informed the Commission that a speed indicator was placed on 16th Street SW as previously approved. The only way traffic can be controlled, is with a traffic signal. Carla Newgard – 1609 Meadowlark Drive is concerned about the further development of this area. There are several homes abutting this property and their back yards are not fenced. Will a buffer area be required to help with the noise? She is very opposed to this request. She is concerned about the increase in traffic and has brought her concerns to the City several times, but feels nothing has been done about it. The noise in the area has increased with the new buildings. It seems as if the noise is being trapped between the buildings on the east side of 16th Street SW and the Green Acres Development on the west side. The area behind her house has had people going through and causing a nuisance. She feels this is a safety issue and must be addressed. She would like to have these issues addressed before more development is done in this area. Robert Barnes – 1918 Meadowlark Drive is concerned with the traffic and water in the area. He has a large coulee in his back yard. If the new development drains water into this area, it will come into his house. Following discussion motion to approve by Stremick, seconded by Curl-Langager and carried with Pankow abstaining. 25a. (AGENDA ITEM #33) That City Council pass a motion approving the request by Willy Feilharber, to subdivide Southview Addition, Block 10, Lots 12 & 13 into 2 lots to be known as Southview 2nd Addition, Lots 1 & 2. This property is located on 47th Avenue SW and east of 16th Street SW. Motion to approve by Eggen, seconded by Howe and carried unanimously.  Planning Commission Regular Meeting April 30, 2012 Page 17 of 20 Other Business 1. (AGENDA ITEM #27) That the City Council pass a motion approving the request by Paul Zaharia, to subdivide Section 4-154-82, Outlot 40 into 33 lots to be known as Kopper Sunrise Addition, Block 1, Lots 1-19, Block 2, Lots 1-7, Block 3, Lots 1-7. Also, the City Council the introduce an ordinance on first reading approving the request by Paul Zaharia, to change the zone from RA (Residential Agricultural District) to R-1 (Single Family Residence District) on proposed Kopper Sunrise Addition. This property is located between Hwy 52 and County Rd 19 South and north of River Bend Road. **As the motion to approve resulted in a tie, the motion does not move forward to City Council.** Dean Rasmuson with Kadrmas, Lee and Jackson Engineering stated they concur with staff recommendations. Brenda Munson – 5201 County Road 19 South is opposed to this request. Traffic will increase in this area which is already very congested. There is natural drainage of water in the area how will they re-route this and not flood her property? What about the sewer/water in the area, how will this new development affect the existing home owners? What will be the impact on the Bell school system? Dana Larson, Ward County Engineer stated he has visited with KLJ regarding several of these issues already. There are other developments in the area and this will be similar to those. The developer will be responsible for upgrading the ditches and culverts. Access roads will have to be upgraded and 54th Avenue SE will have to be upgraded as a Section Road. The Rural Water Board and Huston Engineering have done an analysis of the water in the area and the report is due soon. Sandra Boe – 5261 Hwy 52 E is concerned about the runoff. She has 10 acres in the area and it will affect her property. Tom Klein, Chairman of the Rural Water Board lives in this area and stated this is a low spot, and has a lot of runoff. The board is waiting on the analysis before moving forward with plans to develop this area. Arne Lynne – 6065 54th Avenue SE is concerned about runoff. Water backs up in this area and the only access they would have would be 54th Avenue SE. He feels this road would have to be improved before more development goes on here.  Planning Commission Regular Meeting April 30, 2012 Page 18 of 20 The City Engineer stated the Storm Water Management Plan has not been turned in to this office at this time. All site plans and drawings must be turned in and approved before any development or permits can begin. Motion to approve by Eggen, seconded by Pankow, tied with yes votes from Arneson, Conklin, Eggen, Moen, Pankow, and Stremick, no votes from Berning, Holbach, Howe, Koop, Curl- Langager, and Zimmerman. 2. (AGENDA ITEM #6) A request by Elaine Oster, for a variance to reduce the front yard setback from the required 25’ to approximately 20’ and the side yard setback on the west side of the property from the required 5’ to approximately 2 ½’ on Lenox Park Addition, Lot 37 so that she can replace her flood damaged home with a modular home using the existing foundation, was approved. This property is located at 1423 1st Avenue SE. 3. (AGENDA ITEM #11) A request by Michael and Joni Cruff, for a variance to reduce the front yard setback from the required 25’ to approximately 22’ to rebuild their flood damaged home on Oak Park Home Addition, Block 5, Lot 5, was approved. This property is located at 119 18th Street SW. 4. (AGENDA ITEM #14) A request by Devin Somerville, for an R-4 Plan Review, to build an addition of 6 units to an existing 24-plex on Lakeside Addition, North 185’, Block 1, was approved. This property is located at 901 22nd Avenue NW. Approval of this item is subject to the following: 1. Additional sewer and water hook up fees may apply. 2. Two parking spaces per unit are required. 3. A more detailed site plan and landscape plan are required prior to issuance to building permits. Nathan Jones with Tollberg Homes stated this request is for an additional 6 units on an existing 24 plex apartment building. The addition falls within the zoning requirements density. The additional units would be added to the east side of the building. Access would be from 27th Avenue. Parking spaces will not be added. Loren Anderson – Pastor for the Church of the Living God located at 2145 8th Street NW is concerned about the access to the property. Motion to approve by Curl-Langager, seconded by Berning and carried unanimously.  Planning Commission Regular Meeting April 30, 2012 Page 19 of 20 5. (AGENDA ITEM #13) A request by North Coast Properties, LLC, Nan Jacobson, for a variance to reduce the front yard setback on Ridgeview Addition, Lot 3 from the required 25’ to approximately 12’ on a lot this is topographically challenged. This property is located at 701 10th Avenue SE. Approval of this item is subject to the following: 1. Drainage plan. 2. Sewer and water hook up fees. Nan Jacobson spoke on this request. She is requesting the variance due to the shape of the lot. Her home at 106 8th Street SE flooded and she found this property and now wants to build a new home. The new house will be built to International Residential Building Codes. It will have daylight basement and will look like a 2 story in the back and a single story in the front. She will have a nice yard with a garden. She has been working in the area and has cleaned up the park next to her. She will only be building on Lot 3, the park will remain a park. Franklin Huwe – 620 10th Avenue SE is opposed to this request. He stated several years ago this property was dedicated as a park and could not be developed. He has since learned that only Lot 4 is dedicated as a park. He does not want a manufactured home in the area because it would reduce the property values. He has spoken to several of the surrounding property owners and they signed a petition to deny this request. Kevin Connole – Alderman for this area asked is this a manufactured home or a modular home? The area is an odd shape and with the setbacks it will be very expensive to install an approach. Carrie Folkert – 950 8th Street SE is opposed to this request. She stated she has had several encounters in this area with dogs and the wildlife, and feels if this request were approved the house would be in too close proximity to the road. A person of support indicated she has worked with Ms Jacobson for several years. She said that Nan has always had a nice yard and garden, she is very involved in the community and she has cleaned up the park in the area. Linda Meldey – 110 8th Street SE stated she is a neighbor from the previous property and knows Ms Jacobson will be a very good neighbor. She has always had a nice yard and garden. Christie Gutknecht – 1204 13th Street SW has known Ms Jacobson for several years and stated she supports this request. John Coughlin stated he is the Chairman of the Board of Adjustment for the city and if this request were to come before them, they would approve it based on the property rights enjoyed by others and the shape of the lot.  Planning Commission Regular Meeting April 30, 2012 Page 20 of 20 Following discussion motion to deny by Berning, seconded by Curl-Langager, and failed with yes votes from Berning, Eggen, Curl-Langager, and Moen, no votes from Arneson, Conklin, Holbach, Howe, Koop, Pankow, Stremick, and Zimmerman. Motion by Howe to approve, seconded by Zimmerman and carried with yes votes from Conklin, Holbach, Howe, Koop, Pankow, Stremick, and Zimmerman, and no votes from Arneson, Berning, Eggen, Curl-Langager, and Moen. 6. (AGENDA ITEM #17) A request by Brian Beeter, to subdivide Waldorf 2nd Addition, Lot 1 into 5 lots to be known as Waldorf 4th Addition, Lots 1-5, was withdrawn before the meeting. 7. (AGENDA ITEM #25) A request by McDonalds USA, LLC, Eric Kellog, request for a C-4 Plan Review of McDonalds Restaurant on Dakota Square 2nd Addition, Lot 6, was approved. This property is located at 1400 24th Avenue SW. 8. (AGENDA ITEM #25) A request by McDonalds USA, LLC Eric Kellog, for a variance to reduce the number of parking spaces required from 48 spaces to 38 on McDonalds Restaurant on Dakota Square 2nd Addition, Lot 6, was approved. This property is located at 1400 24th Avenue SW. 9. (AGENDA ITEM #26) A request by Genco Minot Group, LLC, Joe Genovese, for an R-4 Plan Review on proposed Idlewild Addition was approved. 10. (AGENDA ITEM #30), A request by Jim Zieter, to subdivide Prairie Wynd Addition, Lots 1, 3 & 4 into 18 lots to be known as Prairie Wynd 2nd Addition, Block 1, Lots 1-17, Block 2, Lots 1-11 and a request to change the zone from C-2 (General Commercial District) and M-1 (Light Industrial District) to R-4 (Planned Residence District) on proposed Prairie Wynd Addition 2nd, Block 2, Lot 11, was withdrawn before the meeting. 11. (AGENDA ITEM #32) A request by Roers Development, Larry Nygard for an R-4 Plan Review on Lot 2 of proposed Southgate 2nd Addition, was approved. Meeting adjourned at 10:45 p.m.