Planning Commission

Planning Commission Regular Meeting September 24, 2012 Page 1 of 11 Chairperson Dave Pankow presiding. Members Present: Berning, Conklin, Eggen, Holbach, Howe, Karpenko, Koop, Neether, Pankow, Stremick, Zablotney and Zimmerman Members Absent: Lucy Others Present: City Engineer, Assistant City Engineer, City Planner, Planning Clerk, City Attorney, Traffic Engineer, Public Works Director, Assistant Public Works Director, Police Chief, Fire Marshal, Alderman Hatlelid, Alderman Krabseth, Tom Ripplinger, Percy Schriock, Lawrence King, and many others ____________________________________________________________________ Approval of Minutes: The minutes of the August 27, 2012 regular meeting were approved. Recommendations 1a. (AGENDA ITEM #4) That the council pass a motion approving the request by Volt Homes, Tyler Kukahiko to subdivide Minot Addition, Block 4, North 50’ Lot 4 into 2 lots to be known as Elm Landing Subdivision, Lots 1A & 1B. This property is located at 511 3rd ST NW. Approval of this item is subject to the following: 1. Elevation plans shall be submitted and approved by staff prior to the issuance of a building permit. 2. Sidewalks shall be required to meet city standards. 3. Hook up fees shall apply. 4. A drainage plan is required. Motion to approve by Karpenko, seconded by Howe and carried unanimously. 2a. (AGENDA ITEM #6) That the council pass a motion approving the request by Cascade Financial, Barry Farah to change the name on the subdivision known as Anthem Highlands, Block 1, Lots 1-4, Block 2, Lots 1-20, Block 3, Lots 1-35, Block 4, Lots 1-27, Planning Commission Regular Meeting September 24, 2012 Page 2 of 11 Block 5, Lots 1-10, Block 6, Lots 1-18 to Highlands at North Hill, Block 1, Lots 1-4, Block 2, Lots 1-20, Block 3, Lots 1-35, Block 4, Lots 1-27, Block 5, Lots 1-10, Block 6, Lots 1-18. This property is located north of Hwy 2 & 52 Bypass and east and west of 46th Street SW. Motion to approve by Karpenko, seconded by Howe and carried unanimously. 3a. (AGENDA ITEM #7) That the City Council pass a motion approving the request by Paul Zaharia to subdivide Kopper Sunrise Addition, Block 1, Lots 1-19, Block 2, Lots 1-7, Block 3, Lots 1-7, Block 4, Lot 1 into 33 lots to be known as Kopper Sunrise 2nd Addition, Block 1, Lots 1-19, Block 2, Lots 1-7, Block 3, Lots 1-7. This is for the purpose of dedicating additional right-of-way. This property is located between Hwy 52 and County Road 19 and north of River Bend Road. Motion to approve by Karpenko, seconded by Howe and carried unanimously. 4a. (AGENDA ITEM #10) That the City Council introduce an ordinance on first reading to approve the request by Minot Park District, Ron Merritt to change the zone from AG (Agricultural District) and P (Public Zone) to P (Public Zone) on Napa Valley 18th Addition, Lot 1. This property is an easement for NAWS pipeline just south of 7th Avenue SW, near Centennial Park. Motion to approve by Karpenko, seconded by Howe and carried unanimously. 5a. (AGENDA ITEM #21a) That the City Council pass a resolution to adjust Ordinance #4581 regarding 55th Crossing to include Block 24, Lots 1-15 and revisions to Block 23, Lots 1-23. This property is located on the northeast corner of 20th Ave SE & 55th St SE. Motion to approve by Karpenko, seconded by Howe and carried unanimously. 6a. (AGENDA ITEM #9) That the City Council deny the request by Vesta Properties and Investments, Andrew Levy to change the zone on Mayfair Addition, Replat and R/A of Block 1, Lot 4 from R-1 (Single Family Residence District) to R-2 (Two-Family Residence District). Planning Commission Regular Meeting September 24, 2012 Page 3 of 11 This property is located at 812 Central Avenue W. Ron Bieri, 831 Central Ave W -- protests the zone change. The house previously was a ranch style home and currently is not designed for a two-family home. If this is approved there will be parking issues. Motion to deny by Eggen, seconded by Zimmerman and carried unanimously. 7a. (AGENDA ITEM #12) That the City Council pass a resolution approving the request by Baker Hughes Oilfield Operations, Ron Rowbottom for a special use permit to store chemicals in quantities that exceed current allowance on Prairie Wynd Addition, Lot 2. This property is located at 4525 8th Street NW. Baker Hughes, Warren Wilson, 901 4th Ave NW -- was asked by Commissioner Zablotney if the quantity of chemicals to store was known when purchasing the property? Corporate handled the acquisition of this property, so he does not know if the quantities were known. Alderman Krabseth -- stated that Baker Hughes was not made aware of the problem with the storage of chemicals at the time of purchase. Motion to approve by Stremick, seconded by Zimmerman and carried unanimously. 8a. (AGENDA ITEM #15) That the City Council pass a resolution approving the request by Cameron Oil, Jacob Feil for a special use permit to place 2 above ground fuel tanks, 1000 gallons of diesel fuel and 1000 gallons of methanol, on Section 21-155-82, Outlot 70 S1/2NW1/4, less Lot A. This property is located at 205 42nd Street SE. Approval of this item is subject to the following per the City Fire Marshal: 1. Need to use UL 2085 approved tanks. 2. No separation distance between the tank and dispensing device. 3. Diesel tank minimum of 15 ft from the property line. 4. Methanol tank minimum of 7.5 ft from the property line. 5. Tanks will be double walled located within a concrete containment area. 6. Tanks will need to be vented. Planning Commission Regular Meeting September 24, 2012 Page 4 of 11 Jacob Feil -- stated ethanol will be used to prevent the freezing of equipment during the winter. Motion to approve by Zablotney, seconded Stremick and carried unanimously. 9a. (AGENDA ITEM #16) That the City Council pass a resolution approving the request by SRT Communications, Inc., Ron Aberle for a special use permit to install a 58’ ground height non wooden pole (steel) to mount a cell site repeater on to better serve the area near Our Redeemers School on Section 25-155-83, Outlot 22 of NE1/4. This property is located at 701 16th Avenue SE. Approval of this item is subject to the following: 1. The pole be made out of metal. 2. That a fence be constructed around the base for screening. SRT, Randy Burckhard, 1837 15th St SW -- states cell phones are becoming more of an item. In this area customers are having issues with weak signals. There exists 40 ft poles in this area (Complex). SRT Network Engineer, Scott T. -- stated the issue with co-locating is that competitors don’t give space for competition. Pole will be 58 ft – 62 ft tall above ground. If SRT was to co-locate at another location they would have to bring their infrastructure to this location and build a shelter for their equipment. This will cost more than at the proposed location due to having facility on site already. Commissioner Eggen -- stated he would like to see as nice a structure as possible with a fence around the base. Motion to approve as presented by Holbach, but died for lack of a second. Motion to approve non-wooden pole by Eggen, seconded by Karpenko and carried with yes votes Eggen, Howe, Karpenko, Neether, Pankow, Stremick, Zimmerman, Zablotney and no votes Berning and Holbach with Koop abstaining . 10a. (AGENDA ITEM #17) That the City Council pass a resolution approving the request by SRT Communications, Inc., Ron Aberle for a special use permit to add a 180’ three- legged lattice type cell tower for the additional growth in southeast Minot on Section 31-155-82, Sublot A of Outlot 22 NW1/4SW1/4. This property is located at 2905 13th Street SE. Approval of this item is subject to the following: 1. The tower be a lattice construction. Planning Commission Regular Meeting September 24, 2012 Page 5 of 11 2. That a fence be constructed around the base. SRT Network Engineer, Scott T. -- stated this 180 ft tower will allow other competitors to co-exist. Area to the south is the area most interested in boosting of the signal, but a location to the south is not an option due to needing to also boost service to the north. City Planner -- would like to show the pole design in a picture of the residential area where it will be constructed. Co-location is not guaranteed. Motion to approve by Karpenko, seconded by Eggen and carried with yes votes Conklin, Eggen, Holbach, Howe, Karpenko, Neether, Stremick, Zablotney and no votes Berning, Pankow, and Zimmerman with Koop abstaining. 11a. (AGENDA ITEM #18) That the City Council pass a resolution approving the request by Gravel Products, Percy Schriock for a special use permit to remove sand, rock and gravel on the unplatted portion SW1/4NE1/4 & SE1/4NW1/4, Section 32-155-82. This property is located on the southeast corner of the interchange of Hwy 2 & 52 Bypass. Approval of this item is subject to the following: 1. Complete site plan shall be submitted that provides detail on location of pits, berms and screening plan. 2. Required access permits shall be obtained from NDDOT prior to any extraction work beginning. 3. Finished slopes or any edge contiguous to property owned by others shall not be less than a ratio of three feet (3') horizontal to one foot (1') vertical, or as approved by the appropriate regulating authority. 4. All trees, stumps and debris must be disposed of within thirty (30) days in a manner which complies with current regulations and which is consistent with the proposed end use plan. 5. No extraction operations shall be closer than a 3:1 slope to the right of way line of any existing street, road or highway, except upon approval by the City Engineer. 6. The operator shall be responsible for lowering any well so as to provide potable water for each individual whose well is affected by the proposed operations. 7. The owner or applicant shall prevent water runoff damage, including erosion on adjacent property and the deposit of material by water runoff on Planning Commission Regular Meeting September 24, 2012 Page 6 of 11 adjacent property. A stormwater management plan shall be approved by the City Engineer. 8. The operator shall operate and maintain all equipment in such a manner as to minimize air pollution. Any emission which can cause any damage to health, animals or vegetation or other forms of property or which can cause an excessive silting at any point or any emission of any solid or liquid particles in concentrations exceeding air quality regulations shall be prohibited. 9. All excavated materials shall be removed from the premises especially within highways, streets or other public ways as the council shall order and direct. 10. No noise resulting from the excavation use shall exceed the most current noise control regulations. 11. Any vibration resulting in any combination of amplitude and frequencies beyond the "safe" range of the most current standards of the United States bureau of mines for any equipment or structure shall be prohibited. 12. The slope of banks during the excavation of material shall be kept in such a condition so as not to be dangerous because of overhangs, sliding or caving banks. Such dangerous conditions shall be declared to be a nuisance and the city may give notice to the operator or owner to abate the same. 13. Upon closing operations or leaving any particular excavation or area in the site, the applicant shall regrade the area which he has excavated or disturbed in order that no slopes are steeper than three feet (3') horizontal to one foot (1') vertical 14. The hours of operation shall be limited from seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M. daily, provided that no excavation, crushing, processing or trucking shall be conducted on Saturdays, Sundays or legal holidays with the exception of Columbus Day and Veterans Day except upon approval by the city council. Certain activities such as loading, maintenance and repair of equipment and hauling may be allowed; provided that these activities do not cause undue noise or disturbances to adjoining property or facilities and that these activities are specified in the operations plans and approved by the city at the time of issuance of the permit. 15. All fill material shall be clean, compactable fill, and shall not contain refuse, construction debris, or any other items (tires, barrels, furniture, etc.) not found in soils. The fill material must be approved by the city engineer and protective inspections division if the fill area will be used for a road or building construction site. 16. Security Requirement: The council shall require from the applicant, owner or user of the property on which the proposed operation is located, to post Planning Commission Regular Meeting September 24, 2012 Page 7 of 11 a bond to the city in such form, conditioned to pay the city the extraordinary cost and expense of repairing, from time to time, any highways, streets or other public ways where such repair work is made necessary by the special burden resulting from the hauling and removal of material from any operation; the amount of such cost and expense to be determined by the city engineer to pay restoration costs for the largest phase of excavation; and conditioned further to comply with all the requirements of this chapter, and the particular permit, and to pay any expense the city may incur by having to do anything which the applicant fails to do to comply with the terms of the conditional use permit. 17. Special Use permit shall be approved for not more than 18 months from date of approval. 18. Trees surrounding the site shall be preserved. 19. Entire disturbed site to be restored with topsoil and turn establishment once site elevations are complete. 20. Final site grade subject to approval of Storm Water Management Plan. Lawrence King -- stated his clients are in agreement with staff recommendations except for the screening plan. Mike Probst, adjacent landowner – reminded the commissioners that he had brought his concerns regarding this request to the August 27, 2012 Planning Commission meeting. He asked if there will be dust requirements for rock crushers and conveyor belts? Also, he asked if the applicant could come back to the Planning Commission in 18 months with a request to dig deeper. City Engineer -- stated there is no frontage road around this property. This property is required to have a 3-to-1 slope. They will be bringing in clay to fill in what they remove. Percy Schriock -- stated they will be removing material and transferring it to another site to be processed. Motion to approve by Eggen, seconded by Stremick and carried with yes votes Conklin, Eggen, Howe, Koop, Karpenko, Neether, Pankow, Stremick, Zimmerman, Zablotney and with no votes Berning and Holbach. 12a. (AGENDA ITEM #19) That the City Council pass a resolution approving the request by Woolpert Engineering, Tim Reber to subdivide West Dakota Acres 3rd Addition, Lots 1-3 into 3 lots to be known as West Dakota Acres 4th Addition, Lots 1-3. This property is located on 22nd Avenue SW, The Hobby Lobby and the Kohl’s site. Planning Commission Regular Meeting September 24, 2012 Page 8 of 11 Approval of this item is subject to the following: 1. Sewer and water hook up fees shall apply on Lot 3. 2. Existing trees along the south and west portions of the site shall be protected and preserved during construction. Both the south and west property lines shall be fully screened to a minimum of six feet in height. 3. Loading and deliveries shall be limited to the hours of 7:00 AM to 7:00 PM. 4. Cross access easements and parking agreements for Lots 1- 3 shall be prepared and recorded with proof of recording provided to staff prior to issuance of a building permit. 5. A storm water management plan is required prior to grading or land development. 6. Sidewalks are required. City Planner -- stated this adjustment to a party wall was due to a mechanical room location. Motion to approve by Eggen, seconded by Zablotney and carried unanimously. 13a. (AGENDA ITEM #21b) That the City Council take action on a resolution amending the Minot Comprehensive Plan to adjust density in residential land use calculations that resulted in a tie. Chairman Pankow -- explained that this resolution would allow for the minimum lot size for a single-family residential district (R-1) to be adjusted from 7500 SF to 5000 SF. He wants the minimum for an R-1 district to be left at 7500 SF. Alderman Connole -- asked what criteria determined the change in zoning regulation. Alderman Krabseth -- explained that real estate needs have determined the need for smaller lots in an R-1 district. We are becoming urban and costs are rising. Motion to approve as presented by Eggen, seconded by Stremick, resulted in a tie with yes votes Berning, Conklin, Eggen, Holbach, Neether, Stremick and no votes Howe, Koop, Karpenko, Pankow, Zimmerman, Zablotney. Other Business 1. (AGENDA ITEM #1 – Apple Grove 9th Addition) This request was withdrawn before the meeting. 2. (AGENDA ITEM #2 – Apple Grove 10th Addition) This request was withdrawn before the meeting. Planning Commission Regular Meeting September 24, 2012 Page 9 of 11 3. (AGENDA ITEM #5 – Section 20-155-83, SE1/4SE1/4 less Hwy and platted portions, Section 21-155-83, NW1/4SW1/4 and S1/2SW1/4 less Outlot 13 and except 4 acres in the NE corner of the SE1/4SW1/4, less railway and Hwy, and Section 21-155-83, Outlot 30) This request was withdrawn before the meeting. 4. (AGENDA ITEM #11) The request by Home of Economy, Wade Pearson for a variance to the front yard setback from 25’ to 10’ on Nortons Addition E250’ Lots 28-31 and E100’ of Lot 32 and all of Lots 34-40, Block 1, Less portion of Highway right-of-way known as Highway Department Parcel #20 (Doc # 540640) plus Highway Department parcel 24B as described in Document # 685763, for the construction of a new store was approved. This property is located at 107 20th Avenue SW. Motion to approve by Karpenko, seconded by Howe and carried unanimously. 5. (AGENDA ITEM #20) The request by Dan Lambuth for a variance to reduce one of the front yard setbacks on a corner lot from the required 25’ to approximately 14’ on West Minot S/D portion Block 13, Lot 8, Block 1 less portion to 15th Street NW was approved. This flood damaged property is located at 1501 5th Avenue NW. Motion to approve by Karpenko, seconded by Howe and carried unanimously. 6. (AGENDA ITEM #3) The request by North Hill Properties, Cliff Anson for a variance to the minimum lot size required for an R-1 (Single Family Residence District) from the required 7500 sq ft to approximately 7180 sq ft on Ballantyne Addition, Block 3, Lots 2 & 3; Block 4, Lots 8 & 9; Block 5, Lots 8 & 9; Block 6, Lots 2 & 3 was approved. This property is located on 31st Avenue NW, between 8th and 10th Streets NW. North Hill Properties, Cliff Anson, 1625 12th St NW, -- spoke for this request. He wasn’t aware of the need for a variance on single-family residences for lots smaller than 7500 SF. This was the first plat he had done in Minot, and other cities where he had worked had a 7000 SF restriction on single-family residences. This discrepancy was noticed by an appraisal company and this variance will give all properties a clear title. Motion to approve by Berning, seconded by Zimmerman and passed with yes votes by Berning, Conklin, Eggen. Holbach, Howe, Koop, Karpenko, Neether, Pankow, Zimmerman, and Zablotney with Stremick abstaining. 7. (AGENDA ITEM #8) The request by Kevin Turneau for a variance to reduce the setback on an alley from the required 18’ to approximately 6’ to build a new garage on Lynch’s Addition, Block 2, east 50’ Lots 12-14 was approved. This property is located at 10 8th Avenue SW. Planning Commission Regular Meeting September 24, 2012 Page 10 of 11 Paula Kummer, -- spoke on behalf of those who have signed a petition rejecting the request for variance: Neighbor, 6 8th Ave SW -- has signed a petition rejecting the request for variance due to a discrepancy in plat length. Neighbor, 712 Main St -- doesn’t feel they meet the criteria for variance. Neighbor, 2 8th Ave SW -- has safety concerns in the alley if variance is granted. Danielle Goble, 813 Beacon St -- is opposed due to a dispute over whether a lot dimension is either 165 ft or 162.5 ft. She has only known about this property dispute for about a week. A fence which she believed was on her property turned out to be located on the applicant’s property, and it was torn down without discussing this with her. Also they are proposing a carriage house not a garage. This carriage house will cause significant water runoff problems. Applicant, Kevin Turneau -- was vaguely aware of the property dispute. Property pins have been marked by KLJ. Applicant was notified by fencing company 10-15 minutes prior to removing the fence and was not able to notify neighbor. When Kevin bought the property he was not aware of the property dispute. The lot is not flood damaged as stated on the Planning Agenda. City Planner -- stated that the error of claiming this property was flood damaged is possibly due to copying and pasting from another agenda item. They did suffer a loss due to the flood at their previous property. Cars parked in the alley are not permitted and the police should be called if it is a problem. Motion to approve by Berning, seconded by Eggen and carried with yes votes Berning, Conklin, Eggen, Howe, Koop, Karpenko, Neether, Pankow, Stremick, Zimmerman, Zablotney and no vote Holbach. 8. (AGENDA ITEM #13) The request by Iseman Homes, Tom Ripplinger for a variance to waive the paving requirements on Section 1-154-83, Outlot 29 was denied. This property is located on Hwy 83 South, directly across from UPS. Tom Ripplinger, 1710 20th Ave SW -- states this lot will be used for the resale of manufactured homes. He asked that the variance in paving requirements be approved because paving the lot would not be cost effective for him. They will be leasing the property for three years, and after that they will consider leasing or purchasing the property. There will be walkways and a parking area put in for customers. The drainage will not be changed. The applicant mentioned that there are other properties in this area that do not have paving. Planning Commission Regular Meeting September 24, 2012 Page 11 of 11 City Planner -- stated that a business adjacent to this site is out of compliance with the paving requirements and will be notified. The frontage road is not maintained by a public entity. Complaints are received about blowing dust and paving will control that dust. It will be up to the Ward County Water Resource Board if the drainage plan is acceptable. Motion to deny by Zimmerman, seconded by Howe and carried unanimously. 9. (AGENDA ITEM #14) – The request by Curtis Latendresse for a variance to construct a garage whose height exceeds the 16’ maximum to 16’6” in height on Section 4-155-82, Outlot 45 was approved. This property is located at 4410 County Road 19 South. Curtis Latendresse -- states that he has already started the project but shortened the building for appearance. He asked for lenience due to his role during the flood providing dirt from his property. Marlin Bischke, 4401 County Road 19 S -- is in support of the variance. City Planner -- stated this area is new to our extraterritorial limits and our records don’t show any variances of this kind being granted in his area. Motion to approve by Howe, seconded by Zablotney and carried unanimously.