Planning Commission

Planning Commission Regular Meeting January 28, 2013 Page 1 of 17 Chairperson Dave Pankow presiding. Members Present: Berning, Conklin, Holbach, Howe, Koop, Lucy, Neether, Pankow, Zablotney and Zimmerman Members Absent: Eggen and Karpenko Others Present: City Engineer, Assistant City Engineer, City Planner, City Attorney, Traffic Engineer, Public Works Director, Assistant Public Works Director, Fire Marshal, Police Chief, Ward County Engineer, Aldermen M. Miller, Hatlelid, Connole, Lehner, Moen and Jantzer, Rolly Ackerman, Sean Weeks, Ben White, DeLynn Weishaar, Earl Allen, Bernice Galusha, Bob Schempp, Randy Conway, Jill Schramm and many others ____________________________________________________________________ Approval of Minutes: The minutes of the November 26, 2012 regular meeting were approved. Recommendations 1a. (AGENDA ITEM #1) That City Council pass a motion approving the request by Larry Huizenga to subdivide a portion of Lot 5, B-N Industrial Park Addition & Outlot 20, Section 22-155-82 into one lot to be known as B-N Industrial Park Second Addition, Lot 1. This property is located at 520 60th Street SE. Motion to approve by Howe, seconded by Lucy and carried unanimously. 2a. (AGENDA ITEM #4) That City Council pass a motion approving the request by Michael Massine, Jr. & Central Power to subdivide Dakota Estates 6th Addition, Lots 1-3 into 2 lots to be known as Dakota Estates 7th Addition, Lots 1 & 2. 2b. That City Council introduce an ordinance on first reading approving the change of zone from P (Public) and R-1 (Single-Family Residence) to R-1 (Single-Family Residence) on proposed Lot 1. Proposed Lot 2 will remain Public. This property is located between 11th Street SE & 13th Street SE and south of 54th Avenue SE. Planning Commission Regular Meeting January 28, 2013 Page 2 of 17 Approval of this item is subject to the following: 1. Storm water management plan. 2. Sidewalks would be required when 13th Street SE is built to urban road standards. 3. A total of 40’ of right-of-way needs to be dedicated along the section line known as 13th Street SE. Motion to approve by Howe, seconded by Lucy and carried unanimously. 3a. (AGENDA ITEM #6) That City Council pass a motion approving the request by Gerald Behm to subdivide an unplatted portion of NE1/4SE1/4 lying north of Hwy right-of- way, Section 20-155-83 into one lot to be known as Energy Park West 3rd Addition, Lot 1. 3b. That City Council introduce an ordinance on first reading approving the change of zone from AG (Agricultural District) to M-1 (Light Industrial District) on proposed Energy Park West 3rd Addition, Lot 1. This property is located north of Hwy 2 & 52 Bypass and west of 46th Street SW. Approval of this item is subject to the following: 1. The applicant shall provide a detailed site plan that provides information as to the future use of the entire proposed rezoning area prior to the City Council’s second reading of the rezoning. The site plan shall provide information on uses, access, site layout, setbacks, parking, screening etc. 2. Storm water management plan is required. 3. Traffic study and coordination with NDDOT is required. Developer needs to work with NDDOT on access to this parcel. 4. Additional right-of-way needs to be dedicated on backage road. Motion to approve by Howe, seconded by Lucy and carried unanimously. 4a. (AGENDA ITEM #8) That City Council introduce an ordinance on first reading approving the request by Nathan Smith to annex into city limits the property known as 55th Crossing, Block 1, Lot 1, Block 2, Lot 1, Block 3, Lot 1, Block 4, Lots 1&2, Block 5, Lot 1, Block 6, Lot 1, Block 7, Lots 1A-11B, Block 8, Lots 1-5 and 6A-10B, Block 9, Lots 1-6 and Lots 7A-12B, Block 10, Lots 1-6 and Lots 7A-12B, Block 11, Lots 1-12, Block 12, Lots 1-12, Block 13, Lots 1-10, Block 14, Lots1A-14B, Block 15, Lots 1A-16B, Block 16, Lots 1-10, Block 17, Lots 1-12, Block 18, Lots 1-12, Block 19, Lots 1- 12, Block 20, Lots 1-12, Block 21, Lots 1-10, Block 22, Lots 1A-19B, and Block 23, Lots 1-38. Planning Commission Regular Meeting January 28, 2013 Page 3 of 17 This property is located east of 55th Street SE, across from the Virgil Workman Village. Motion to approve by Howe, seconded by Lucy and carried unanimously. 5a. (AGENDA ITEM #11) That City Council pass a resolution approving the request by Hope Village, represented by Paul Krueger for a continuation of a special use permit to house volunteer flood help for an additional 18 months on Landmark Addition, Block 1. This property is located at 3705 11th Street SW. Approval of this item is subject to the following: 1. The Special Use Permit shall be valid for up to 18 months from date of approval. 2. All Flood Restoration Center facilities shall be used by only volunteers registered with LDR. 3. Required parking for Our Savior Lutheran Church and related uses shall be preserved for use while Flood Restoration Center facilities are installed. 4. Outdoor lighting for facilities shall be minimal so as not to disturb neighboring residential properties. Motion to approve by Howe, seconded by Lucy and carried unanimously. 6a. (AGENDA ITEM #18) That City Council schedule a public hearing to consider a resolution approving the request by Charles Geisen to vacate an existing 30’ utility easement located on Outlot 13, Section 1-154-83. This property is located on South Broadway and south of 43rd Ave SE. Motion to approve by Howe, seconded by Lucy and carried unanimously. 7a. (AGENDA ITEM #22) That the City Council introduce an ordinance on first reading approving the request by Bentz Capital Investments, LLC, Bruce Bentz to annex into city limits Shiloh Addition, Lots 1 & 2. This property is located at the NE corner of the 2 & 52 Bypass West & the 83 Bypass West, west of 28th Street SW. Approval of this item is subject to the following: 1. Depending on use, a traffic study may be required. Developer needs to work with NDDOT and City for access to highway system. Drive permit was granted several years ago to add drive, permit is expired and access was not Planning Commission Regular Meeting January 28, 2013 Page 4 of 17 installed. Roadway improvements may be required. 2. Storm water management plan is required. 3. Hook-up fees will apply. 4. Rural septic sewer study is required. Motion to approve by Howe, seconded by Lucy and carried unanimously. 8a. (AGENDA ITEM #24) That the City Council pass a motion approving the request by McShay Property Group, LLC, Sean Weeks to subdivide Southgate Addition, Lot 4 into 2 lots to be known as Southgate 5th Addition, Lots 1 & 2. This property is located on 16th Street SW and south of 35th Avenue SW. Approval of this item is subject to the following: 1. Sidewalks would be required. 2. Storm water management plan and erosion control are required. 3. Must conform to traffic study requirements. 4. Hook-up fees will apply. Motion to approve by Howe, seconded by Lucy and carried unanimously. 9a. (AGENDA ITEM #26) That the City Council pass a resolution amending the name of a previously approved plat known as West Dakota Acres 4th Addition, to Amended Plat of West Dakota Acres 3rd Addition. This property is located on 22nd Avenue SW, The Hobby Lobby and the Kohl’s site. Motion to approve by Howe, seconded by Lucy and carried unanimously. 10a. (AGENDA ITEM #27) That the City Council pass a resolution correcting Resolution No. 2885 to include Outlot 33, Section 28-155-82 in the annexation of property into city limits. The correct description should read: All of Outlots 20, 21, 22, 24, 32 and 33, Outlot 23 less the North 250 feet, Lot ‘A’ of Outlot 23, all in Section 28-155-82; Lots 1 and 2, Plainview Addition; Lots 1-12, 24-26, Sublot ‘A’ of Lot 25, Lots 44 and 54-62 of the Subdivision of Lot 3 Plainview Addition; Lots 1, 6-15, 21-35, of Plainview 2nd Addition; Lots 1-3, of Plainview 3rd Addition; Lots 1-4 of Plainview 4th Addition. Motion to approve by Howe, seconded by Lucy and carried unanimously. 11a. (AGENDA ITEM #2) That the City Council pass a motion approving the request by J2 Ventures International, LLC, Jodi Winters to subdivide Frank’s Subdivision of Lot 4 Planning Commission Regular Meeting January 28, 2013 Page 5 of 17 Jack’s 3rd Addition, Lot 1, a portion of vacated alley and a portion of Lots 2-4, Jack’s 1st Addition into one lot to be known as The Beacon Addition, Lot 1. 11b. That City Council introduce an ordinance on first reading to annex into city limits proposed The Beacon Addition, Lot 1. This property is located at the southwest corner of North Broadway & Hwy 83 Bypass West. Approval of this item is subject to the following: 1. Traffic study with NDDOT involvement. 2. Storm water management plan. 3. Sidewalks would be required if adjacent roadways are built to urban road standards. 4. Hook-up fees would apply. Jodi Winters and Joowan Lee, representing J2Ventures International, spoke for this request. They stated this is virtually the last property to be annexed in the area of the Hwy 83 Bypass. This property is zoned C-2 and they anticipate an approved use under that zoning, but plans are still in development. They agree with all staff conditions for approval. There was discussion that the current zoning ordinance allows residential uses in a C-2 zone. The City Planner stated that staff does not have any concerns with this annexation and replat request, however, if a high density mixed use (commercial and residential) would require a variance in the future, staff would not be able to support that request. Motion to approve by Lucy, seconded by Berning, and carried unanimously. 12a. (AGENDA ITEM #3) That the City Council pass a motion approving the request by Arista Development, Jeff Schaumann to subdivide a portion of the N1/2, Section 6- 154-82 and a portion of the S1/2, Section 31-155-82 into 83 lots to be known as The Bluffs Addition; Block 1, Lots 1-52; Block 2, Lots 1A-3B, Lots 4-6; Block 3, Lots 1-14; Block 4, Lots 1A-2B; Block 5, Lot 1; Block 6, Lot 1; Block 7, Lot 1; and Block 8, Lot 1. 12b. That the City Council introduce an ordinance on first reading to change the zone from AG (Agricultural District) to R-1 (Single Family Residence District) on proposed Blocks 1, 3, 5, 7 & 8; to R-2 (Two-Family Residence District) on proposed Block 2, Lots 1A-3B, Lots 4-6; and Block 4, Lots 1A-2B. Proposed The Bluffs, Block 6 will remain AG (Agricultural District). 12c. That the City Council introduce an ordinance on first reading to annex into city limits proposed The Bluffs Addition; Block 1, Lots 1-52; Block 2, Lots 1A-3B, Lots 4-6; Block Planning Commission Regular Meeting January 28, 2013 Page 6 of 17 3, Lots 1-14; Block 4, Lots 1A-2B; Block 5, Lot 1; Block 6, Lot 1; Block 7, Lot 1; and Block 8, Lot 1. This property is located east of Spruce Lane and south of 35th Avenue SE. Approval of this item is subject to the following: 1. A storm water management plan be reviewed and approved by the City Engineer prior to issuance of any building permits. 2. Blocks 1, 3, 5, 7, and 8 are approved as R-1 and shall develop as single family. Lots 1A-3B, Block 2 are approved as R-2 and shall develop as single or twin homes provided the plat is revised to meet the R-2 lot size and width requirements. Remaining Block 2, lots 4-6 are approved as R-2. 3. Lots 1A-2B, Block 4 are approved as R-2 and this portion of the plat shall be revised to meet all R-2 lot requirements and be approved by the Planning Department prior to issuance of a building permit. 4. Colored building elevations shall be approved by the Planning Department prior to issuance of a building permit. 5. Additional details on the common open space and recreation space either dedicated or part of the association shall be provided prior to any additional subdivision requests. 6. All related sewer and water fees shall apply. 7. A traffic study should be provided. 37th Avenue should be retained for access to development and roadways should be platted more linear to facilitate efficient utility placement. 8. The developer will need an agreement with both NPRW and City of Minot for water as the development is located both areas. 9. Sewer should be able to be provided in First Larson Coulee and to Woodside. Engineering review will be required. 10. Sidewalks will be required. 11. 40’ right-of-way needs to be dedicated along frontage roads. 12. Future clubhouse location must be adjacent to 13th Street or 14th Street. Subdivision streets not intended for commercial and non-residential traffic though Woodside subdivision. Jeff Schaumann, Arista Development, spoke for this request. He stated that the development is proposed to have 158 single-family and two-family homes and 210 multi-family units to back up to adjacent twinhomes in Woodside. Approximately 300 acres will be donated to the Minot Country Club for use as a golf course for 400 members. He requested that the requirement for a traffic study be waived as the estimated traffic count is considerably below acceptable levels. Doug Larson, president of the Minot Country Club, spoke strongly in favor of this request. He stated that 150 members have prepaid to join the new club. There was discussion of the location of the Planning Commission Regular Meeting January 28, 2013 Page 7 of 17 clubhouse. Staff recommended that the location be adjacent to 13th or 14th Street to lessen the impact of commercial and non-residential traffic on Woodside subdivision. Mr. Schaumann and Mr.Larson stated that for circulation purposes it needs to remain in the proposed location. There was discussion on the request to eliminate 37th Avenue, and the proposed “U” shaped roadway. The City Engineer stated it was felt traffic will use 35th Avenue to reach the clubhouse. If 37th Avenue is platted through, as had been done in the past with the Woodside additions, traffic would not have as much impact on an established neighborhood. Alignment of the roads due to the topography of the area will need to be worked on with the developer and Public Works. It was asked if the donation of land to the Country Club satisfied the requirement for open space and recreation area. The City Planner stated that all residents of the development may not be members of the Country Club with access to the golf course, so there is need for amenities such as walking trails, play areas, etc. Scott Rakness, 3015 24th Street SE, had questions on how this development will impact his land which is located directly off the 3rd hole of the golf course. He indicated that his family rides dirt bikes and he’s concerned someone will complain about the noise. Also, two letters of protest to this request were received. Motion by Zablotney to approve the request and to strike conditions #5, #7 and #12 from the requirements, seconded by Lucy and carried with yes votes by Berning, Conklin, Holbach, Howe, Koop, Neether and Pankow with Zimmerman abstaining. 13a. (AGENDA ITEM #5) That the City Council deny a request by National Oil and Andrew Fimrite for a special use permit to conduct a business of sales and rental of oil related equipment on Dalin Addition, Lots 9 & 10. This property is located at 5224 South Broadway (formerly RDO Equipment Rental). There was no one present to speak for this request. This property is zoned C-2, and sales and rental of oil related equipment is not an accepted use. This request is for a special use permit as staff would not support a zone change request to M-1 due to spot zoning. There are residential properties directly west of this property. Motion to deny by Neether, seconded by Zimmerman and carried unanimously. 14a. (AGENDA ITEM #7) That the City Council pass a motion approving the request by Matt Lundeen to subdivide Muhlbradts Addition, Lots 1-3 and unplatted west 330’ of south 1220’, SW1/4 SE1/4 Section 20-155-82 into 5 lots to be known as Expressway Addition, Lots 1-5. 14b. That the City Council introduce an ordinance on first reading to change the zone from M-1 (Light Industrial District), C-1 (Limited Commercial District) and C-2 (General Commercial District) to C-2 (General Commercial District) on proposed Expressway Planning Commission Regular Meeting January 28, 2013 Page 8 of 17 Addition, Lots 1, 2 & 4, and to M-1 (Light Industrial District) on proposed Lot 3, and to MH (Manufactured Home District) on proposed Lot 5. This property is located south of Burdick Expressway East and west of 36th Street SE. Approval of this item is subject to the following: 1. Storm water management plan be reviewed and approved by the City Engineer prior to issuance of any building permits. 2. The land use plan shall be amended to Manufactured Home Park on Lot 5. 3. Landscape and screening plans for Lot 3 and east side of Lot 5 shall be reviewed and approved by the City Planner prior to issuance of any building permits. 4. The plat portion for Lot 5 shall be revised to provide details of the open space with amenities 5. All related sewer and water fees shall apply. Matt Lundeen, 1515 24th Avenue SW, spoke for this request. He stated that he felt this zone change request is consistent with the land use plan, and also that his request for MH zoning on Lot 5 will be adjacent to an existing mobile home park. He has no objection to any of the requirements from staff. Motion to approve by Howe, seconded by Zimmerman and carried unanimously. 15a. (AGENDA ITEM #9) That the City Council pass a motion approving the request by Nathan Smith to subdivide 55th Crossing 2nd Addition, Block 1 into 63 lots to be known as 55th Crossing 3rd Addition; Block 1, Lots 1, 2A-20B; and Block 2, Lots 1A- 12B. This property is located east of 55th Street SE and north of 16th Avenue SE. Approval of this item is subject to the following: 1. A storm water management plan be reviewed and approved by the City Engineering prior to issuance of any building permits. 2. Traffic Study needs to be updated and Developer needs to work with NDDOT and City for access to highway system, as it appears this development may have an indirect impact at several points. 3. Additional master planning work is required for 55th Crossing 2nd Addition to provide for park, trail and open space dedication prior to final approvals of this request and future lot subdivisions. 4. All related sewer and water fees shall apply. 5. Sidewalks are required. Planning Commission Regular Meeting January 28, 2013 Page 9 of 17 Rolly Ackerman, Ackerman Surveying, representing the owner, Nathan Smith, spoke in support of this request. This is the first phase of retrofitting the FEMA park for future residential use. The owner is in agreement with staff recommendations and will work with city staff and the park district on dedication of open space, parks and trails. Motion to approve with staff recommendations by Berning, seconded by Koop and carried with yes votes by Conklin, Holbach, Howe, Lucy, Pankow, Zablotney and Zimmerman with Neether abstaining. 16a. (AGENDA ITEM #12) That City Council deny the request by Davina Bruhn to change the zone from R-1 (Single Family Residence District) to R-2 (Two-Family Residence District) for the purpose of creating a rental unit in the basement for her mother on Normal Park Addition, Lot 194. This property is located at 1213 7th Avenue NW. Davina Bruhn, 1213 7th Avenue NW, spoke in support of this request. She had applied for a building permit to create a living space in her basement for her mother. Staff could not support this request because the lot is too small for R-2 zoning and all surrounding properties are zoned R-1. Motion to deny by Howe, seconded by Berning and carried unanimously. 17a. (AGENDA ITEM #13) That City Council introduce an ordinance on first reading approving the request by Barry Stone to annex into city limits Skyport Subdivision, Block 3 and vacated 10th Street NW. This property is located south of 30th Avenue NW and west of 11th Street NW. This annexation is in conjunction with the request to plat and re-zone Northern Highland Addition. Motion to approve by Howe, seconded by Koop and carried unanimously. 18a. (AGENDA ITEM #14) That City Council pass a motion approving the request by Barry Stone to subdivide Northern Lights Addition, Block 6 and Skyport Subdivision, Block 3 & vacated 10th Street NW into 1 lot to be known as Northern Highland, Lot 1. 18b. That City Council introduce an ordinance on first reading approving the request to change the zone from AG (Agricultural District) and R-3 (Multiple Residence District) to R-3 (Multiple Residence District) on proposed Northern Highland, Lot 1. Planning Commission Regular Meeting January 28, 2013 Page 10 of 17 This property is located south of 30th Avenue NW and along 27th Avenue NW. Approval of this item is subject to the following: 1. A storm water management plan be reviewed and approved by the City Engineer prior to issuance of any building permits. 2. Traffic study shall be required to determine impacts to adjacent roadways and intersections. 3. Site plan and turning radius movements for the entire development shall be reviewed and approved by the Engineering Department. 4. Landscape and site plans shall be revised to be consistent. Landscaping shall be provided along the eastern property line abutting adjacent residential. 5. Colored elevation plans with details of proposed materials shall be reviewed and approved by the Planning Department prior to issuance of permits. 6. All related sewer and water fees shall apply. 7. Sidewalks will be required. 8. Hook-up fees will apply. Barry Stone, 135 Channel Rd, Carlsbad, CA, spoke in support of this request. He stated that this project is to construct cluster apartment buildings and a clubhouse with plans for an indoor pool, barbeque area and playground. Access has been worked out with city staff. Motion by Zablotney to approve with staff recommendations, seconded by Lucy and carried with yes votes by Berning, Conklin, Holbach, Howe, Koop, Neether, and Pankow and no vote by Zimmerman. 19a. (AGENDA ITEM #15) That City Council pass a motion approving the request by Dean Anagnost to subdivide Northern Lights Addition, Block 7 into 93 lots to be known as Somerset Addition, Block 1, Lots 1-27; Block 2, Lots 1-9; Block 3, Lots 1-14; Block 4, Lots 1-3; Block 5, Lots 1-12; Block 6, Lots 1-18; Block 7, Lots 1-9; Block 8, Lot 1. This property is located along 27th Avenue NW and east of 16th Street NW. Approval of this item is subject to the following: 1. A storm water management plan be reviewed and approved by the City Engineer prior to issuance of any building permits. 2. A traffic impact study will be required to be submitted and approved by staff prior to the issuance of any building permits. 3. Park dedication area be indicated on the plat. 4. A landscape buffer plan shall be reviewed and approved for the western property line along 16th Street NW. 5. All related sewer and water fees shall apply. Planning Commission Regular Meeting January 28, 2013 Page 11 of 17 6. Sidewalks will be required. 7. 28th Avenue will need to be dedicated across the northern edge of the water feature. Motion to approve with staff recommendations by Howe, seconded by Koop and carried unanimously. 20a. (AGENDA ITEM #16) That City Council pass a motion approving the request by Park Place Development, Tom Klein, to subdivide Lot 9 less the west 155’, Lots 10-13 and the south 30’ of Lot 14, Block 3, Souris Addition into 16 lots to be known as Oak Park Place, Lots 1-6 and Lots 7A-11B. 20b. That City Council introduce an ordinance on first reading approving the request to change the zone from R-2 (Two-Family Residence District) to R-4 (Planned Residence District) on proposed Oak Park Place, Lots 1-6 and Lots 7A-11B. This property is located on 16th Street NW and south of 2nd Avenue NW. Approval of this item is subject to the following: 1. A storm water management plan be reviewed and approved by the City Engineering prior to issuance of any building permits. 2. The public alley shall be improved to the City Engineers specifications. 3. Landscape plans shall be revised to provide additional landscape buffer along the entire southern property line to provide additional screening for the single family properties to the south. 4. All related sewer and water fees shall apply. 5. Proposed Lot 6 is to be divided up between adjoining townhouse & duplex lots to ensure usage by all parties. 6. Homeowners association agreement must be reviewed by City staff and recorded prior to plat recording. Bruce Lutz, Sitescape Associates, representing Tom Klein, spoke in support of this request. He stated there are 5 duplex buildings on this site adjacent to 16th Street NW that have been out of use since the flood and are currently being rehabbed. The request is for construction of 5 additional townhouses (10 units). Ingress/egress will be on 16th Street NW. There was discussion of possible traffic concerns with the new entrance. The City Engineer stated that existing access is on 16th Street and problems are not anticipated. The Fire Marshal indicated that the turn-around configuration is acceptable. One letter of protest had been submitted. The owner concurs with staff recommendations. Motion to approve by Zimmerman, seconded by Koop and carried unanimously. Planning Commission Regular Meeting January 28, 2013 Page 12 of 17 21a. (AGENDA ITEM #17) That City Council pass a motion approving the request by the Church of St. John the Apostle, Fr. David Zimmer to subdivide Outlots 10 & 15 and a vacated portion of 2nd Avenue NW, Section 22-15-83 into 3 lots to be known as St. Johns Addition, Lots 1-3. 21b. That City Council introduce an ordinance on first reading approving the request to change the zone from AG (Agricultural District) and R-1 (Single Family Residence District) to R-1 (Single Family Residence District) on proposed St. Johns Addition, Lots 1-3. This property is located east of 27th St NW, between 4th Ave NW and Central Ave W. Approval of this item is subject to the following: 1. Sidewalks will be required. 2. Storm water management plan is required. 3. Hook-up fees will apply. Bob Schempp, representing the Church of St. John the Apostle, spoke in support of the request. They are requesting a subdivision to sell property. The zone change to R-1 is for the entire plat, including the area where the church is located. One letter of protest had been submitted. Mary Casper, 2504 2nd Avenue NW, stated her concerns with the drainage ditch that runs through this property. A master plan which will address drainage will be required whenever this property is further developed. Mr. Schempp noted that the church is also concerned with runoff as it will drain towards their building too. Motion to approve by Berning, seconded by Zablotney and carried unanimously. 22a. (AGENDA ITEM #19) That City Council pass a motion approving the request by Dry Creek Properties, LLC, Jon Backes & Jensen Properties, LLC, James Jensen to subdivide Outlot 5 and an unplatted portion of the SE1/4NW1/4, NE1/4NW1/4, Section 4-154-82 into one lot to be known as Section 4-154-82, Outlot 50. 22b. That City Council introduce an ordinance on first reading approving the request to change the zone from RA (Agricultural Residence District) to R-1 (Single Family Residence District) on proposed Section 4-154-82, Outlot 50. This property is located south of 41st Avenue SE, between Hwy 52 and County Road 19. Approval of this item is subject to the following: Planning Commission Regular Meeting January 28, 2013 Page 13 of 17 1. A storm water management plan be reviewed and approved by the City Engineer prior to issuance of any building permits. 2. Future subdivision will be required for creation of single family lots. 3. All related sewer and water fees shall apply. 4. Outlot 51 is also part of the project and must hook-up to city sewer otherwise it is in violation of using a septic system on a property less than 2 acres. 5. The lowest floor elevation must be set 1’ above the 2011 flood water surface elevation. 6. Homeowners Association must be established to maintain street and utilities recorded and established before building permits issued. Jon Backes, Dry Creek Properties, spoke in support of this request. He stated he is in agreement with staff conditions except #6. He felt it would be more appropriate to require a homeowners association agreement at a future date. At this time they just want to rearrange some legal descriptions. Three letters of protest to this request had been submitted. Sue Hamilton, 4480 49th Street SE, stated concerns with the zone change request. She stated that it is a rural area and most lots are a minimum of 1 acre, so this property should stay zoned RA. She felt that the zoning along County Road 19 South is inconsistent with C-2, R-1 and RA and that the land use plan seems unclear for the area. She also indicated concerns as to water problems in 2009, 2010 and 2011 and stated that both Chapparelle Addition and Swanstons Equipment have recently built dikes and where will that water go? Tom Klein, 5504 54th Avenue SE, stated that he is also in the drainage area. Mr. Klein was asked if there was any progress by the Ward County Water Resource Board on the water study for the area. He replied that they are working on it. The City Engineer said that this property is in the extra-territorial area, and a storm water management plan will require approval by both the City and the Ward County Water Resource Board. Motion to approve with condition #6 to be struck by Zimmerman, seconded by Holbach and carried unanimously. 23a. (AGENDA ITEM #20) That City Council pass a motion approving the request by Dry Creek Properties, LLC, Jon Backes & Jensen Properties, LLC, James Jensen to subdivide a portion of Outlot 5, Section 4-154-82 into one lot to be known as Section 4-154-82, Outlot 51. This property is located south of 41st Avenue SE, between Hwy 52 and County Road 19. Approval of this item is subject to the following: 1. All related sewer and water fees shall apply. 2. Lot must hook-up to city sewer or platted as a 2 acre parcel to be in compliance with zoning regulations. Planning Commission Regular Meeting January 28, 2013 Page 14 of 17 Motion to approve by Lucy, seconded by Zablotney and carried unanimously. 24a. (AGENDA ITEM #23) That City Council introduce an ordinance on first reading approving the request by the City of Minot to annex into city limits Sorenson’s 3rd Addition, Lots 4-8 and N1/2 Lot 3; and Sorenson’s 6th Addition, Lots 1 & 2; in order to prevent the creation of an island of un-annexed land surrounded by city limits This property is located east of Shiloh Addition, northwest of 14th Avenue SW. One letter of protest to this annexation was received. Motion to approve by Neether, seconded by Howe and carried unanimously. Other Business 1. (AGENDA ITEM #21 – Section 31-155-83, Outlots 3 & 4) This request was withdrawn before the meeting. 2. (AGENDA ITEM #7 – Expressway Addition) The request by Matt Lundeen for a Mobile Home Park Site Plan Review on proposed Expressway Addition, Lot 5 was approved with the platting and zone change request. This property is located south of Burdick Expressway East and west of 36th Street SE. 3. (AGENDA ITEM #9 – 55th Crossing 3rd Addition) The request by Nathan Smith for a variance to the rear yard setback from the required 25’ to 18’ on proposed 55th Crossing 3rd Addition; Block 1, Lots 1, 2A-20B; and Block 2, Lots 1A-12B was approved as part of the plat request. This property is located east of 55th Street SE and north of 16th Avenue SE. 4. (AGENDA ITEM #10 – Idlewild 2nd Addition) The request by Northern Lights Idlewild, LLC, Joe Genovese for variances to reduce the front yard setbacks from the required 25’ to 20’, reduce the side yard setbacks from the required 6.5’ to 5’, reduce the rear yard setbacks from the required 20’ to 15’, to reduce the side corner setbacks from the required 25’ to 15’, and to increase the lot coverage maximum of 40% to 46% on Idlewild 2nd Addition, Block 1, Lots 1-15; Block 2, Lots 1-30; Block 3, Lots 1-26; Block 4, Lots 1-26; 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; and Block 11, Lot 1 was denied. This property is located between 32nd and 36th Avenues NW and between 7th and 13th Streets NW. Ben White, Kadrmas Lee & Jackson, represented Joe Genovese on this request. He stated that the request had been amended to Block 1, Lots 1-15, and Block 2, Lots 1-16. He stated that Planning Commission Regular Meeting January 28, 2013 Page 15 of 17 there was a disconnect between the developer and the builder during the initial plat approval process, and utilities were already in for a model home. It was discussed that this is raw land, and should be able to meet requirements. Mr. White stated that the remaining lots will be able to meet correct setbacks. Motion to deny by Zablotney, seconded by Lucy and carried unanimously. 5. (AGENDA ITEM #14 – Northern Highland) The request by Barry Stone for a variance in density from the allowed 224 units to 239 units, an increase of 6.7% was denied during the platting and zone change request. The plat and re-zone requests were approved. This property is located south of 30th Avenue NW and along 27th Avenue NW. 6. (AGENDA ITEM #16 – Oak Park Place) The request by Park Place Development, Tom Klein for an R-4 Plan Review on Oak Park Place, Lots 1-6 and Lots 7A-11B was approved with the zone change request. This property is located on 16th Street NW and south of 2nd Avenue NW. 6. (AGENDA ITEM #25 – Urban 5th Addition, Lot 1) The request by Myles Richards for a C-4 plan review on Urban 5th Addition, Lot 1 was approved. A request for a variance to allow residential condos on the top floor of an office building was also approved. This property is located on 10th Street SW and north of 37th Avenue SW. Myles Richards stated that his initial request had been for a variance to allow four units of housing on the top floor of a four-story office building. Also, a variance to the parking required from 78 spaces to 71 spaces, a variance of 7 spaces. Also, a variance to the building height from the permitted 60’ including mechanical equipment to 60’ not including mechanical equipment. He had redesigned his plans to eliminate one floor of offices, and had brought his parking into compliance. The only variance necessary would allow him to construct 4 living units on the top floor (3rd floor) of the office building. Motion to approve by Zimmerman, seconded by Howe and carried unanimously. 7. (AGENDA ITEM #28 - Discussion – Amend Minot Zoning Code of Ordinances) A public hearing to discuss an ordinance amending Minot Zoning Code of Ordinances Chapters 5-15 pertaining to residential, commercial and industrial zoning districts. The Planning Commission has held several work sessions concerning these amendments. These sessions have been advertised for the public, but have not been well attended. The current zoning ordinance was written 30+ years ago, and the Planning Commission wants comments to assist in the update. Sean Weeks, Ackerman – Estvold Engineering, asked if there will be a transition period for work in progress. He said that many projects are in design level with considerable money Planning Commission Regular Meeting January 28, 2013 Page 16 of 17 invested in them, but are not ready to go before the Planning Commission yet. The City Attorney said the City Council will have to determine a date that the ordinance will go into effect. Notice will have to be given out. He said this process will be done in phases and not all provisions of the zoning ordinance will be changed. At this point this is not a cohesive document. Sean Weeks also questioned how higher density uses will call for amenities to serve the population. How will that be calculated? There are no details as yet, will it be like choosing from a list, so much density requires a pool, or a basketball court, or a tennis court as an amenity? Rolly Ackerman, Ackerman Surveying, asked how streets will be identified as collectors or arterials. He said that setbacks will go from 25’ to 40’ off collectors and arterials. New plats can agree with these changed setbacks, will existing plats have to do so? What time frame will there be? He had concerns on the sunsetting of the zoning ordinance in reference to surveys. When there is a title opinion on a property they have to indicate if it meets the current zoning ordinance. If it is non-compliant a variance will be required. A sunset clause would allow building on existing lots. The City Engineer said that arterials and collectors are determined by a functional classification map that is approved by NDDOT. The City is in the process of choosing an engineering firm to do a traffic study for the entire city. For now, we will use what is on record and extensions of those streets. The Future Land Use shows perceived arterial/collector roadways. NDDOT may differ in these roads somewhat. Alderman Kevin Connole, wanted to discuss the manufactured home issue. He felt that neighborhoods should not be forced to accept a manufactured home. They just do not fit in. A special use permit should be required so that when there is a lot of protest from the neighbors, it takes a super majority at City Council to grant permission. There is no verification of anchoring to a foundation other than that the owner signs a form. Anchoring should be done by a state- licensed contractor with total compliance to requirements for attaching to a foundation. A manufactured home should be through a special use permit, and not be given permanent status like a stick built or modular home. Also a special use permit should require city inspection to confirm anchoring to foundation. As far as valuations, if a manufactured home meets 60% of former value of the house it replaced the homeowner is getting a bargain and his neighbors have to pick up the rest. City Planner said that the special use process will be discontinued, and there will be interim or conditional permits. Alderman Connole also had comments on mini-storage in commercial, 10’ offset for parking in M-1 zoning, and the requirement for 30% brick or stone facing for steel buildings. He felt that the 30% requirement may not be usable, and windows may need to be included in the equation. A spokesman for the Home Builders Association stated that they had just received the information on the updated portion of the zoning ordinance. He asked that the issue be tabled to give the Association more time to study it. Planning Commission Regular Meeting January 28, 2013 Page 17 of 17 Travis Zablotney commented on R-3C zoning and the number of units that will trigger the amenities requirement. He stated that 6 townhouses should not require amenities. Also, in RA zoning he felt 10% coverage was a little light. Smaller residential lots can have 40% coverage and most people who live further out of the city want to be able to have more outbuildings. It was mentioned that outside of city limits a septic system takes up some of the square footage of a lot. Also, as city limits move closer to RA zoned lots they sometimes are split, usually into R-1 zoned lots, and this creates legal non-conforming uses for such buildings as those that are bigger than the house and others that do not fit into R-1 zoning. The City Planner mentioned there are fewer requests for RA zoning, probably due in part to township issues such as road maintenance. Tyler Neether said he felt that a 1,200 square foot limit for accessory buildings in R-1 was also a little light. City Planner said a portion can be attached to the house and rest can be detached. Dave Pankow mentioned it could be a conditional use. Rolly Ackerman said that a lot over 24,000 square feet can use 5% for accessory buildings. City Planner said that there has been a swing in lot sizes from big to small, driven by economics and developer requests. Foreseeable plats will stay with small lots. We are trying to limit the number of variances that are requested. Travis Zablotney commented on the 30% in varied building requirement. The City Planner said 30% was an average percentage used by other communities. The point is to try to dress up the industrial areas and gateways to the city. This zoning ordinance has backed down some percentages in design criteria, landscaping requirements and sign ordinances used by other cities. Dave Pankow mentioned we are trying for a more uniform look, not trying to go crazy with it. Chairperson Pankow stated he would appreciate comments on the revised ordinance from the Home Builders Association by this Friday, February 1st. There have been a lot of public hearings already and it is difficult to completely table the request at this level. Links to the zoning ordinance chapters showing proposed changes are available on the planning website under the Comprehensive Plan link. Dave stated he thought the revised ordinance should be taken off the agenda for City Council on February 4th. He would like to have the issues resolved so that Council can vote on a clear document. He will possibly request a special meeting for City Council to vote on it. He called for a vote: Ayes, all; Opposed, none. Meeting adjourned at 9:35 p.m.