Planning Commission

Planning Commission Regular Meeting March 25, 2013 Page 1 of 16 Chairperson Dave Pankow presiding. Members Present: Berning, Holbach, Eggen, Karpenko, Koop, Lucy, Neether, Pankow, Stremick, Zablotney and Zimmerman Members Absent: Conklin and Howe Others Present: City Engineer, Assistant City Engineer, City Planner, Assistant City Planner, City Attorney, Public Works Director, Assistant Public Works Director, Fire Marshal, Public Information Officer, Airport Director, Brady Busselman, Rolly Ackerman, Sean Weeks, and many others ____________________________________________________________________ Approval of Minutes: The minutes of the February 25, 2013 regular meeting. *Motion to approve by Holbach, seconded by Koop and carried unanimously. Recommendations 1a. (AGENDA ITEM #4) That City Council pass a resolution approving the request by CTS Properties, Stuart Forsberg, to subdivide Edgewood 15 th Addition, Lots 1 & 2 into two lots to be known as Edgewood 19th Addition, Lots 1 & 2. This property is located on Hiawatha Street and north of 13th Avenue SE. Approval of this item is subject to the following: 1. Sidewalks would be required. 2. Water and sewer hookup fees apply. *Motion to approve by Karpenko, seconded by Neether and carried unanimously. 2a. (AGENDA ITEM #10) That City Council pass a resolution approving the request by CTS Properties, Stuart Forsberg, to subdivide Lakeside 18 th Addition, Lot 10B into 2 lots to be known as Lakeside 20th Addition, Lots 1 & 2. Planning Commission Regular Meeting March 25, 2013 Page 2 of 16 This property is located on a private drive off of 14th Street NW and just south of 16th Street NW. Approval of this item is subject to the following: 1. A developer’s agreement must be approved prior to final plat approval. 2. An HOA must be established for maintenance and ownership of private stormwater pond on Lot 2. 3. Lot 2 would be established as a storm water, access and utility easement. 4. Sidewalks would be required on public right-of-ways. 5. Water and sewer hookup fees apply. *Motion to approve by Karpenko, seconded by Neether and carried unanimously. 3a. (AGENDA ITEM #17) That City Council pass a resolution approving the request by Clarey Tryhus for a special use permit to allow a second residence to remain on his 10 acre lot for his father who was a flood victim until such time as it is no longer needed on Section 27-155-82, Outlot 7. This property is located at 5900 11th Avenue SE. Approval of this item is subject to the following: 1. Hookup fees would apply. 2. Special Use Permit be used for father of owner only. *Motion to approve by Karpenko, seconded by Neether and carried unanimously. 4a. (AGENDA ITEM #18) That City Council schedule a public hearing to vacate the portion of 15th Avenue SE lying east of 35th Street SE, adjacent to Outlot 19 less Lots A-C, Section 29-155-82 & Feist Subdivision of a portion of Gold Nugget Addition, Block 2 less east 197.45’. This property is located south of Jefferson Mobile Home Park and east of 35 th Street SE. Approval of this item is subject to the following: 1. Applicant meets Xcel Energy requirements: - Utility easements for overhead powerline remain in effect. - Developer responsible for contacting Xcel Energy for future relocation of pole line. - Developer responsible for any cost associated with altering line. *Motion to approve by Karpenko, seconded by Neether and carried unanimously. Planning Commission Regular Meeting March 25, 2013 Page 3 of 16 5a. (AGENDA ITEM #1) That City Council pass a motion to approve the request by Arista Development, Jeff Schaumann to subdivide The Bluffs Addition, Block 2, Lots 4-6 & Block 6, Lot 1 into 115 lots to be known as The Bluffs 2 nd Addition, Block 1, Lots 1-50; Block 2, Lots 1A-16B & 17-18; Block 3, Lots 1-14; Block 4, Lots 1A-8B & Lot 9 (to be open space). 5b. That City Council introduce an ordinance on first reading to change the zone from AG (Agricultural District) and R-2 (Two Family Residence District) to R-1 (Single Family Residence District) on proposed Blocks 1 & 3 and to R-2 (Two-family Residence District) on proposed Block 2, Lots 1A-18B; Block 4, Lots 1A-8B and Lot 9. The zone change request to R-3 (Multiple Family Residence) for Lots 17 and 18, Block 2 was denied. This property is located mostly south of 37th Avenue SE and east of 14th Street 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. All related sewer and water fees shall apply. 3. Landscape and screening plans shall be provided for 37 th Avenue SE and at the edge of Lots 19 and 20, Block 2 if higher density is permitted. 4. Right-of-way (alley) be dedicated for utility access to Puppy Dog Coulee. 5. A written agreement with the Park District stating that they will accept payment in lieu of a park must be provided. Jeff Schaumann, Arista Development, spoke for this request. He stated Arista Development extended 37th Avenue SE based on city staff request, and feels the rezoning request to R-3 for Lots 17 and 18, Block 2 is reasonable. Mr. Schaumann stated the property to the north is zoned R-4 and R-3, and they feel their request for R-3 is consistent with the neighborhood but was designated as low density on the Comprehensive Plan. Commissioner Karpenko asked why he hasn’t changed the zoning yet to work with city staff. He stated that he always has done mixed use developments and feels mixed use works well. Commissioner Zimmerman stated that these two lots don’t follow the comprehensive plan. He also went on to say that the comprehensive plan is adopted by the city for a reason and that the city hired professionals and spent a lot of money on this plan to be a guideline for us. He also addressed that we need to start following these guidelines today not, “next time.” *Motion to approve with staff recommendations by Zablotney, seconded by Stremick and carried with yes votes by Zimmerman, Koop, Pankow, Neether, Karpenko, Eggen, and Holbach no votes by Lucy. Planning Commission Regular Meeting March 25, 2013 Page 4 of 16 6a. (AGENDA ITEM #2) That City Council pass a resolution approving the request by Greenberg Farrow, Mike Roach, for a special use permit to allow a temporary sales area for Home Depot on Broadway Center 1st Addition, Block 1, Lot 5. This property is located on South Broadway, just north of the Minot Chrysler Center. Approval of this item is subject to the following: 1. Any display or storage of product to be sold prior to the Home Depot store opening shall be enclosed within the temporary sales area. No additional storage or display of product shall occur outside of this fenced area. 2. All shipping containers and pallets shall be immediately removed from site or enclosed in the trailers so as to not be visible from public view. 3. Hours of operation of the temporary sales center shall be limited to 7:00 AM to 7:00 PM. The temporary sales area shall be fully enclosed and locked during off hours. 4. One temporary banner not to exceed 48 sq. ft. shall be permitted on the temporary sales center. 5. The Special Use Permit for a temporary sales area shall expire in one year. 6. All large pick-ups of materials are delivered by the business (Home Depot) and not customer pick-up. 7. Quarterly based review by the city to check up on sales lot in order to comply with special use permit. Dave Behrens, Developer, spoke for this request. He stated that there is a high demand for building materials within the city and that this sales area would help this area. Chairman Commissioner Pankow asked about the other Home Depot site and the status of the construction plans. Dave Behrens responded by saying they’re near completion and that they hope to be open by the end of the year. Dave Behrens also requested an opening time of 6am instead of 8 a.m. then agreed to compromise on 7a.m. He also agreed to a quarterly based review for compliance with the special use permit by the city. *Motion to approve by Stremick, seconded by Koop and carried unanimously. 7a. (AGENDA ITEM #3) That City Council pass a motion approving the request by Christ Lutheran Church, Verla Rostad, to subdivide Blaisdell Bird Addition, Lots 1-4 & Lots 21- 26 less the north 8’ of Lot 21 and a portion of vacated alley into 1 lot to be known as Christ Lutheran Addition, Lot 1. 7b. That City Council schedule a public hearing to vacate the southern portion of the alley north of 5th Avenue NW, between 16th & 17th Streets NW and relocate the alley to the north portion of Blaisdell Bird Addition, Block 10, Lot 4 and to an easterly portion of Blaisdell Bird Addition, Block 10, Lots 21-23. Planning Commission Regular Meeting March 25, 2013 Page 5 of 16 This property is located at 502 17th Street NW. Verla Rostad, Christ Lutheran Church, spoke for this request. She summarized a hand out regarding the neighbors’ complaints and how they attempted to address them. She also stated that she thinks that this variance request is considered to be a hardship. Commissioner Zablotney asked about the times of service and when the church is being used in regards to parking. Verla responded that they are changing to 2 services instead of 1 on Sundays at 8:40 and 10:45 a.m., a Saturday evening service, a Wednesday evening service, but as far as week night community meetings, weddings, and funerals those events don’t have a set time. Commissioner Zablotney asked about the parking in the public right of way. Donna Bye, City Planner, stated that this was the first time we have seen any plans with parking along the street and the city staff would have to look at it in order to make an appropriate recommendation. Chair Commissioner Pankow asked if the church has had any progress on acquiring land abutting the churches property with a right of first refusal, to which Verla stated they had not. Rolly Ackerman, mentioned that he has attended this church for many years, and many of the members live in the neighborhood and walk to church. He also expressed that the variance is a hardship due to the flood of 2011. Kevin Regallo, 604 17th Street NW, spoke in opposition to this request. He stated that he attended the meeting the church put on for the neighborhood. He felt he was never asked by the church, what can we do to make this better for you, it was more like this is how it’s going to be. He also stated that he felt like the church was talking down to all the neighbors. Kevin also had issues with the alley, and quoted the Head Building Commissioner, Al Pearson, “Am I responsible for a poor decision because of poor planning?” Then he asked the commission why he should suffer because of the church. Commissioner Zablotney asked, “What would have to change in order for you to see this through?” Kevin replied by stating that they have the 80 parking spots like the ordinance states and to go back to the drawing board with the architect to design a building that stays on their lot. Jennifer Harmon, 1617 7th Ave NW, Stated that she doesn’t get where the number of parking spaces accounted for on the plan come from. Also, she was concerned with the permanent camper parking that is in the churches plan. She doesn’t think they should have any campers on site in regards to aesthetics. She was also concerned about the lack of fire lane. Planning Commission Regular Meeting March 25, 2013 Page 6 of 16 Verla Rostad, stated that the special use permit for the campers will be on next month’s agenda and won’t be voted on tonight. She also stated that the fire suppression systems in the building would be able to take care of fires. Commissioner Zimmerman expressed his concerns about the expense of the relocation of utilities and watermain. Discussion of the water main was started between the commissioners. Ryan Ackerman, water pressure engineer, stated that you can mitigate it, by changing the size of the pipe and trust public works to determine the best approach to this issue. *Motion to approve by Eggen seconded by Stremick and carried with yes votes by Zablotney, Zimmerman, Berning, Koop, Pankow, Lucy, Neether, and Karpenko, no vote by Holbach. *Whereupon, Zablotney moved to amend the motion to that the additional curbside parking spaces along the encroachment must be approved in order for final approval. Motion seconded by Berning and carried with yes votes by Stremick, Zimmerman, Koop, Pankow, Lucy, Neether, no votes by Karpenko, Eggen, and Holbach. 8a. (AGENDA ITEM #6) That the City Council pass a motion to approve the request by Nathan Smith to subdivide 55th Crossing 2th Addition, Blocks 2 & 3 into 438 lots to be known as 55th Crossing 5th Addition; Block 1, Lots 1A-9B; Block 2, Lots 1A-20B; Block 3, Lots 1A-12B; Block 4, Lots 1A-12B; Block 5, Lots 1A-12B; Block 6, Lots 1A-6B; Block 7, Lots 1A-5B; Block 8, Lots 1A-5B; Block 9, Lots 1A-34B & 35; Block 10, Lots 1A-19B & 20; Block 11, Lots 1A-14B; Block 12, Lots 1A-14B; Block 13, Lots 1A-14B; Block 14, Lots 1A- 14B; Block 15, Lots 1A-14B; Block 16, Lots 1A-14B. This property is located west of 55th Street SE and north of 16th Avenue SE. Approval of this item is subject to the following: 1. Work with city staff to add a North-South (Stubbed out) to the north on the future addition to the west. 2. A storm water management plan will be reviewed by the city Engineer prior to the issuance of any building permit. 3. Master plan will be updated with Park Board recommendations. 4. All relocated sewer and water fees shall apply. 5. Sidewalk will be required. 6. City Staff and developer work together to urbanize 55 th Street from 20th Avenue to US 2 and improvements to intersection of 55th Street and US 2 prior to building permit. Planning Commission Regular Meeting March 25, 2013 Page 7 of 16 Rolly Ackerman, Ackerman Surveying, spoke for this request. He explained that this is the second phase of many. They are still working on retrofitting a park in the development. They stated that they have found 23 deficiencies with the plan and are fixing them. Nathan Smith, Developer, Stated that there are only 1-2 builders and that he plans on staggering the homes for better breaking up of home facades. Also stated that the bike and walking trails would meander throughout the site and that he would be willing to work with city staff on that. Lance Meyer, City Engineer, addressed the concern with the traffic capacity by Butler Machinery on 14th Ave intersection with Highway 2/52 Bypass. There was discussion of improvements and signal safety. The process has not been identified yet. Just to keep in mind the improvements in the end game. He also stated that staff is still working on a solution. Currently there is a traffic study in progress and should be getting it later this week and that the traffic study should be in contingent on the distribution of the building permits. *Motion to approve by Stremick, to use the recommendation from Rolly Ackerman and to have city staff determine the best traffic solution seconded by Holbach and carried with a yes vote by Zimmerman, Berning, Koop, Pankow, Lucy, Neether, and Karpenko. No vote by Zablotney. 9a. (AGENDA ITEM #7) That the City Council pass a motion approving the request by Genco Bakken Development Group, LLC, Joe Genovese, to subdivide Northern Lights 2nd Addition, Lot 1 into 2 lots to be known as Fillmore North, Block 1, Lots 1 & 2. This property is located east of 16th Street NW and between 30th & 32nd Avenues NW. Approval of this item is subject to the following: 1. Storm water management plan shall be approved by the City Engineer prior to grading. 2. Sidewalks shall be provided. 3. Rezoning and Site plan review and approval will be required prior to any grading for any commercial portion. 4. Hook up fees shall apply. 5. Traffic study shall be updated and reviewed by the City Engineer. 6. Site plan and building elevations shall be provide for trash and recycling enclosures. 7. Developer shall sign a petition to the City Council asking to join Paving District 475 and 479. 8. A right turn lane should be provided on 30th Avenue, at the entrance to the site, and on 16th Street at the entrance to the site. 9. Traffic Engineer shall determine final driveway locations. Planning Commission Regular Meeting March 25, 2013 Page 8 of 16 10. Access and utility easements shall be recorded over all drive lanes and utilities on the plat. 11. Developer must plat half a street on the east property line to prevent adjoining land from becoming land locked. When adjoining property owner is ready for development, the City will require the other half of the street to be dedicated. 12. Applicant must sign an agreement to participate in half the cost of the dedicated street at a future date. 13. Landscaping and proper screening from roadway. 14. Gathering space within the development. Joe Genovese, Genco Bakken Development Group, spoke for this request. He described the layout of the surrounding development and that he wants to leave out 3 Acres for future commercial space that would serve the development. He then mentioned he agrees with city recommendations except (number 8) dedicating a street. Joe stated that with the school traffic nearby he wanted to direct the traffic to the adjacent 16th St. instead of through the neighborhood. He feels there are enough north/ south streets in the area. *Motion to approve by Zablotney with staff recommendations, seconded by Lucy and carried with yes votes by Holbach, Zablotney, Berning, Koop, Lucy, Neether, and Karpenko. No votes by Zimmerman and Pankow. 10a. (AGENDA ITEM #8) That City Council pass a motion approving the request by Magic City Implement, Travis Zablotney, to subdivide Section 28-155-82, Outlot 8, Lots A, B & C of Oulot 8, & Outlot 39 into two lots to be known as Holbach Homestead, Lots 1 & 2. 10b. That City Council introduce an ordinance on first reading to change the zone from M-2 (Heavy Industrial District) and AG (Agricultural District) to M-2 (Heavy Industrial District) on proposed Holbach Homestead, Lots 1 & 2. This property is located on the Hwy 2 Bypass and north of 20 th Avenue SE. Approval of this item is subject to the following: 1. Storm water management plan must be approved by City Engineer and WCWRB. 2. Annexation into the City be required. 3. 20th Avenue must be improved to urban section from highway to east property line. 4. Urban utilities be extended to serve the development. 5. Lowest flood elevation of all new buildings must be elevated to 1’ above 2011 flood event. 6. Traffic impact study shall be conducted in compliance with NDDOT guidelines for development and coordinated with City, County and NDDOT. Travis Zablotney, stepped down as Planning Commissioner and spoke for this request. He explained his handouts and the reason for this request. He stated it was his intention to put Planning Commission Regular Meeting March 25, 2013 Page 9 of 16 in a rail yard and trans-loading facility, fuel distributor and expansion of business. He also mentioned that he does not want to use 20th Ave and he is more than happy to comply with any screening that would be required. He then addressed that this would be the best use for this land. Commissioner Zablotney then went on to show a letter saying that one of the neighbors of the property (Larry Gulickson) isn’t concern about this yard. Commission Chair Pankow was wondering about the site plan with the rails as far as direction and overall planned layout of the lot. Spur location would be parallel to 20th Ave in NE direction. Zablotney did not provide a site plan. Commissioner Zimmerman asked Commissioner Zablotney when the city was updating the comprehensive plan why didn’t you bring this up. The comprehensive plan should be a guide and should be followed. Zablotney stated he has been approached by a frac sand company. *Motion to deny by Zimmerman, seconded by Neether. Motion failed with yes votes by Berning, Pankow, and no votes by Eggen, Stremick, Koop, Lucy, Karpenko, and Holbach. *Motion to approve with staff recommendations except numbers 3 and 5 by Eggen, seconded by Karpenko and carried with yes votes by Berning, Koop, Pankow, Neether, and, Holbach no votes by Zimmerman, Lucy, Stremick. Stepped down Zablotney 11a. (AGENDA ITEM #9) That City Council pass a motion approving the request by Joe Genovese to subdivide 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; Block 11, Lot 1 into 217 lots to be known as Idlewild 3rd Addition, Block 1, Lots 1-15; Block 2, Lots 1-26; Block 3, Lots 1-26; Block 4, Lots 1-26; Block 5, Lots 1-24; Block 6, Lots 1-28; Block 7, Lots 1-12; Block 8, Lots 1-14; Block 9, Lots 1-25; Block 10, Lots 1-12; Block 11, Lots 1-7. This property is located north of 32nd Avenue NW between 6th Street NW and 13th Street NW. Joe Genovese, Genco Bakken Development Group, spoke for this request. He explained the plat lots have changed in size from 243 to 217. The home owner would have a variety of exterior building materials to choose from and 8 floor plans to address staff’s recommendations. Lots have been reduced also to include pocket parks. The Development would have on site retention, CCR’s, Home Owners Association and a large green area. Joe then stated that this is 1/3 phases of this development and is willing to work with staff and park district because he does understand that this is close to the new school site. *Motion to approve by Lucy, seconded by Zimmerman, motion carried with yes votes by Pankow, Eggen, Stremick, Koop, Lucy, Karpenko , Neether and no votes by Berning, Zablotney , and Holbach. Planning Commission Regular Meeting March 25, 2013 Page 10 of 16 Amendment by Zablotney, seconded by Zimmerman, motion carried with yes votes by Eggen, Stremick, Koop, Lucy, Karpenko, Pankow, Neether and no votes by Berning, Holbach. This would limit the 20’ setback variance to the house only, not any portion of the garage. 12a. (AGENDA ITEM #16) That City Council deny a request by Paul Barlows for a special use permit to extend the existing Roughrider Campground to include Outlot 18 less right- of-way, Section 17-155-83. This property is located along County Road 17, just south of the Boy Scout Camp. Jeffery Aimes, spoke for this request. He explained the booklet that was handed out to the commissioners. He stated that he was willing to work with the Boy Scout camp and put up proper screening. He mentioned he did meet with the boy scout camp, and their main concern that this mobile home park would turn into a man camp. Dan Williams, Arizona, spoke for this request. He explained what he wanted to do to the mobile home park. He mentioned that he is a family owned business and has RV resorts in Arizona. He said he does not want this to become a man camp he was looking at it being more of a family resort RV park. He then explained some of his policies and the fact that he has a, “no tolerance” rule when it comes to his clients. He also explained that he does background checks for his clients for better security purposes. Commissioner Karpenko, asked Mr. Williams why would he be giving background checks to vacationers? He responded by stating that it’s a security policy he has for vacationers that stay over a week. Darrell Kraft, Scout Master, spoke for the Boy Scout camp. He explained the history of the Boy Scout camp and that it’s used year round for Boys scouts to camp out and learn. He then stated his main concern for the mobile home park was the safety and security of the boy scouts. Jerry Nelson, 909 54th St SW, mentioned that the commission should have them clean up what is already there and make them prove they can clean up the campground then grant them their request. *Motion to deny by Karpenko, seconded by Holbach and carried with yes votes by Pankow, Eggen, Koop, Lucy, Karpenko , Neether Berning, and Zablotney and no votes by Stremick. 13a. (AGENDA ITEM #15) That City Council introduce an ordinance on first reading to approve the request by John Butz to annex into city limits Section 16-155-83, Outlot 20. This property is located west of Hwy 83 Bypass and south of 19th Avenue NW. Planning Commission Regular Meeting March 25, 2013 Page 11 of 16 *Motion to approve by Karpenko, seconded by Neether and carried unanimously. 14a. (AGENDA ITEM #21) That City Council introduce an ordinance on first reading to approve the request by Nathan Smith to change the zone from AG (Agricultural District) to R-2 (Two-Family District) on 55th Crossing 2nd Addition, Blocks 1-3. This property is currently being used as the FEMA Park just west of 55th Street SE and 16th Avenue SE. This request was brought forward from the Planning Commission at the November 26, 2012 meeting to the December 3, 2012 City Council meeting. Due to an administrative oversight, this request was not reflected in the minutes correctly and an ordinance was not created at the time. It is recommended to approve the request and forward the recommendation to the City Council for passage on first reading. *Motion to approve by Karpenko, seconded by Neether and carried unanimously. 15a. (AGENDA ITEM #22) That City Council pass a resolution to correct the legal description in Ordinance No. 4676. The correct legal description for the annexation should read as follows: 55th Crossing; Blocks 1-3; Block 4, Lots 1&2; Blocks 5 & 6; Block 7, Lots 1A-11B; Block 8, Lots 1A-10B; Block 9, Lots 1A-12B; Block 10, Lots 1A-12B; Block 11, Lots 1-12; Block 12, Lots 1-12; Block 13, Lots 1-10; Block 14, Lots1-13; Block 15, Lots 1-16; 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; Block 23, Lots 1-23; Block 24, Lots 1-15. This property is located east of 55th Street SE, across from the Virgil Workman Village. *Motion to approve by Karpenko, seconded by Neether and carried unanimously. Other Business 1. (AGENDA ITEM #19) STONBRIDGE FARMS 7TH ADDITION was withdrawn before the meeting. 2. (AGENDA ITEM #3) The request by Christ Lutheran Church for a parking variance from the required 80 spaces to 61 spaces, a difference of 19, was approved during the subdivision request for Christ Lutheran Addition. 3. (AGENDA ITEM #9) The request by Joe Genovese for variances to setbacks on Idlewild 3rd Addition were approved during the subdivision process, with the amendment to limit the 20’ setback variance to the house only, not any portion of the garage. Planning Commission Regular Meeting March 25, 2013 Page 12 of 16 4. (AGENDA ITEM #5) The request by Jen Robinson for a variance to required parking per the zoning ordinance that states, “No required off street parking spaces may be located in the required front yard of any “R” District.” on Elmwood Addition, E35’ of S1/2, Lot 109 and S1/2, Lot 110 was denied. This property is located at 1825 8 th Avenue SE. The applicant did not appear at the meeting. Mark Anhorn, 1903 8th Ave SE, across the street neighbor, spoke in opposition to this request. He addressed that the applicant already takes up all of the on street parking and that there currently is no room for another tenant in the home. *Motion to deny by Eggen seconded by Karpenko, and carried unanimously 5. (AGENDA ITEM #11) Proposed Magic City Walmart The request by Wal-Mart Real Estate Business Trust, Brady Busselman, to subdivide Outlot 10 of the SW1/4SE1/4 less Prairie View Estates, Section 10-155-83 into three lots to be known as Magic City Walmart, Lots 1, 2 & 3 was held. Also, the request to change the zone from AG (Agricultural District) to C-4 (Planned Commercial District) on proposed Magic City Walmart, Lots 1, 2 & 3 was held. Also, a request for a C-4 Plan Review and approval on proposed Magic City Walmart, Lot 3 was held. Also, a request for a variance to reduce the number of loading spaces from the required 19 loading spaces to 6 loading spaces on proposed Magic City Walmart, Lot 3 was held. Also, a request to annex into City limits proposed Magic City Walmart, Lots 1, 2 & 3 was held. This property is located on 21st Avenue NW and east of the Hwy 83 Bypass. Approval of this item would be 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 plat shall be revised to include all of Outlot 10 including portions east of Prairie View Estates. 3. Cross access easements shall be provide for adjacent property owners for the two north/south internal drives. 4. All related sewer and water fees shall apply. 5. Parking and proposed parking on the main drive aisle that runs north/south along the west edge of the site shall be removed from the plans. Planning Commission Regular Meeting March 25, 2013 Page 13 of 16 6. All landscaping installed on the berm shall consist of variety of evergreen trees to provide for year-long screening. 7. All loading and delivery shall be limited to the hours between 7:00 AM and 9:00 PM. No overnight loading or delivers shall occur. 8. Plat entire Outlot 10 including portion east of Prairie View Estates Addition. 9. Annex entire portion of the new plat including portion east of Prairie View Addition. 10. Dedication of Sunset Boulevard and property needed for interchange right-of-way. 11. 40’ ROW dedicated along entire 19th Avenue. 12. Parking lot per our design standards. For example, two-way aisles must meet the 26’ minimum, and parking stalls for a high-turnover use, such as this shall be 10’ in width. Curbs on the end of the parking rows to create islands for better understanding of parking layout in the winter. 13. Signal improvements at US 83 Bypass/21st Avenue and Wal-Mart entrance are required to be installed with the Wal-Mart development. 14. Capacity upgrades to 21st Avenue NW are required to be installed with Wal-Mart development. Brady Busselman, MFRA, spoke for this request. He gave a presentation to show the layout of Walmart in regards to the changes and recommendation that staff wanted. He wanted to bring up that they would need a variance because they only need 6 stalls instead of the required amount. He then went on to explain the delivery route of Walmart and their no idle policy. Commissioner Zablotney asked if Mr. Busselman was familiar with Fargo’s newer Walmart. Which he responded, “No”. Comissioner Zabolotney then stated that it’s all brick and it feels the facade on the building that is being proposed is a second rate Walmart (crowd cheers). Mark Brown, 1805 Sunset Blvd., spoke in opposition to this request. Mark stated that when you approve a Walmart you also approve a campground in there parking lot. Mark said he does not want a campground in my neighborhood. Wayne Tuttle, representing the land owner, Whitman, said that at this time Dr. Whitman does not want to dedicate any ROW on his land. Troy, 2741 Heritage Dr., spoke in opposition of this request. He stated the traffic in the neighborhood was not welcome. He was concerned that a lot of people will get off on 19 th Ave instead of 20th Ave and access Walmart from the back through the neighborhood. Justin Benn, 2700 Hertiage Dr., spoke in opposition of this request. He stated that he wouldn’t be in favor of the traffic and that he was hoping the staff would make them close off any access to Walmart from the neighborhood. Planning Commission Regular Meeting March 25, 2013 Page 14 of 16 Karen Tande, 2713 Heritage Dr., spoke in opposition of this request. She represented the notification zone, 18 properties, 3 are empty lots, 8 signed the petition. She also stated that she does not want to look at a back of a Walmart. She didn’t think it was fair to the neighborhood. Dan Schafer, 600 27th St. NW, spoke in opposition of this request. He addressed the interchange and referenced an article in the Minot Daily News that said Highway 83 is already at capacity. *Motion to hold for further work between city staff and developer; and to make this Walmart look more like the Walmart in south Fargo by Zablotney seconded by Lucy. Motion carried with yes votes by Karpenko, Koop, Pankow, Stremick, Zimmerman and no votes by Berning, Eggen, Holbach, and Neether. 6. (AGENDA ITEM #12) A request by Daniel Koosman for a variance to the east side yard setback from the required 6.5’ to 5’ on Pheasant Run, Block 3, Lot 4 was approved. This property is located at 1805 26th Avenue NW. Dan Koosman, Willmar, MN, spoke for this request. Explained that it was a mix up and that he took 8 permits out at a time and thought he had all of them. Commissioner Karpenko stated that as a builder this should never happen and asked the City Attorney if there was some penalty we could give him. The City Attorney then responded that there was no penalty without a criminal charge and that the only penalty really is to deny the variance. *Motion to approve by Berning, seconded by Zablotney and carried unanimously. 7. (AGENDA ITEM #14) The request by Chad Thompson for a variance to parking spaces from the required 68 spaces to 58 spaces on Roosevelt Heights Addition, Blocks 1 & 2, Lots 1 & 2 less W100’ and less portion of Hwy as described in Doc #2818853, or about 5 sq. ft., which is a difference of 10 spaces, a variance of 15%, was approved. This property is located at 1700 South Broadway (Qdoba/Tutti Frutti building). Approval of this item is subject to the following: 1. Parking lot layout should be revised with city staff to maximize use. 2. Parking agreement should be recorded at County Recorder’s office. Chad Thompson, spoke in favor of this request. He explained the layout of the building and that there is a 2200 Sq. Ft. retail space available for a new business. He indicated that he had an agreement with the adjacent properties to share parking. *Motion to approve by Lucy, Seconded by Karpenko and carried unanimously. Planning Commission Regular Meeting March 25, 2013 Page 15 of 16 . 8. (AGENDA ITEM #13) Proposed Pipkin Addition Application by Dale Pipkin to subdivide Enger’s 1st Addition, Block 4, Lots 19-23 into one lot to be known as Pipkin Addition, Lot 1 was held. Also, to change the zone from R-1 (Single Family Residence District) and R-3 (Multiple Residence District) to R-4 (Planned Residence District) on proposed Pipkin Addition, Lot 1 was held. Also, for an R-4 Plan Review and approval on proposed Pipkin Addition, Lot 1 to include a variance from the 15 units that are allowed on the property to 36 units, a difference of 21 units, a variance of 140% was held. Also, for variances to the required number of parking spaces of 72 to 65 spaces, which is a difference of 7 spaces, a variance of 10% was held. Also, for a variance to the required parking per the zoning ordinance that states, “No required off street parking spaces may be located in the required front yard of any “R” District” Was held. Also, for a variance to the aisle width in the parking lot from the required 26’ to a minimum of 24’ on proposed Pipkin Addition, Lot 1 was held. This property is located on 44th Street SE and north of 11th Avenue SE. Roger Kluck, spoke in favor of this request. He stated that due to the surrounding uses being industrial and single family that multifamily is the best use of this lot. He then went on to state that he changed the size of the building from 36 units to 24. Donna Bye, City Planner, then stated that this is new information being handed out should be advertised to the notification area for this request and the request should be held. * Motion to hold for further work between city staff and developer by Zimmerman, seconded by Berning and carried unanimously. 9. (AGENDA ITEM #20) Application by USPG Minot, LLC, Donn Davids, for a variance in parking spaces from the required 77 spaces to 47 spaces, a difference of 30 spaces, a variance of 39% on West Dakota Acres 3rd Addition, Lot 3 for the purpose of constructing a Panera Bread was approved. Planning Commission Regular Meeting March 25, 2013 Page 16 of 16 This property is located at the northeast end of the Kohl’s parking lot. Approval of this item is subject to the following: 1. Provide additional landscaping to satisfy city staff. 2. Provide revised building elevations to include a four-sided architectural facade of the building that satisfies city staff. 3. Provide architectural trash enclosures that reflect building with proper landscaping. Donn Davids, spoke for this request. He addressed the city’s staff recommendations about the architectural elements on the back side of the building and around the dumpster enclosure. Steven Hermiller, Mannik Smith Group, also spoke for this request. He addressed the parking issue by showing parking counts and statistics of the Kohl’s and Hobby Lobby parking lots. He showed where the snow would be piled in the future (southeast side of the Hobby Lobby parking lot) and also mentioned that the restriping of the Kohl’s and Hobby Lobby parking lots would help take care of some parking. *Motion to approve by Karpenko, seconded by Eggen and carried unanimously. Meeting adjourned at 11:48 p.m.