Planning Commission

PLANNING COMMISSION Regular Meeting October 28, 2013 Page 1 of 10 Chairperson Dave Pankow, presiding. Members Present: Berning, Conklin, Eggen, Holbach, Howe, Karpenko, Koop, Lucy, Neether, Pankow, Stremick, Zablotney, Zimmerman Members Absent: None Also Present: City Staff: City Planner, City Engineer, City Attorney, Public Works Director, Assistant Public Works Director, Fire Marshal, Police Chief, Traffic Engineer, Information Officer Aldermen: Lehner, M. Miller, Hatlelid, Krabseth, Olson Others: Chad Thompson, Shawn Grosz, Rolly Ackerman, Jack Nybakken, Paul Zaharia, Jill Schramm, Sean Weeks, Dennis Smetana, Shawn Schmutzler, Lisa Scott, Dave Swingler, Jerry Chavez, Mark Larson, Paul Behm and many others _____________________________________________________________________ Approval of Minutes The minutes of the September 30, 2013 regular meeting were approved. Motion to approve by Eggen, seconded by Neether and carried unanimously. Recommendations 1a. (AGENDA ITEM #3) That City Council introduce an ordinance on first reading to approve the request by Cenex, Tony Bernhardt, & Chad Thompson, to change the zone from M-2 (Heavy Industrial District) to C-3 (Central Business District) on First Addition to Minot, Block 31, Lot 12. This property is located at 18 2nd ST NE. REQUIRED BEFORE BUILDING PERMITS ARE ISSUED: 1. Storm Water Management Plans may be required and approved by the City pending use. 2. Erosion Control practices will need to meet State of North Dakota requirements and approved by the City Engineer. 3. Final site, landscaping, parking and building elevations shall be submitted and approved by the City Planner prior to issuance of a building permit. PLANNING COMMISSION Regular Meeting October 28, 2013 Page 2 of 10 4. A comprehensive plan land use designation to commercial shall be made on the Future Land Use Plan. REQUIRED BEFORE CERTIFICATE OF OCCUPANCY IS ISSUED: 1. Sidewalks will be required to meet code. 2. Public Utility Fees will be required. Motion to approve by Karpenko, seconded by Zimmerman and carried unanimously. 2a. (AGENDA ITEM #6) That City Council pass a motion to approve the request by MADC, Jerry Chavez, to subdivide Minot AG Complex 6th Addition, Lot 1 into 3 lots to be known as Minot AG Complex 7th Addition, Lots 1-3. This property is located west of 42nd Street NE and north of County Road 12. REQUIRED BEFORE BUILDING PERMITS ARE ISSUED: 1. Traffic Study will be required and approved by the Traffic Engineer & County Engineer. 2. Storm Water Management Plans will be required and approved by the City Engineer. 3. Erosion Control practices will need to meet State of North Dakota requirements and approved by the City Engineer. REQUIRED BEFORE CERTIFICATE OF OCCUPANCY IS ISSUED: 1. Public Utility Fees will be required. Motion to approve by Karpenko, seconded by Zimmerman and carried unanimously. 3a. (AGENDA ITEM #8) That City Council pass a motion to approve the request by JM Properties, Jim Marsh, to subdivide Ridgedale Heights 3rd Addition, Lot 1 & Northside 2nd Addition, Block 2, Lots 11 & 12 and Northside 3rd Addition, Lot 2 into 6 lots to be known as Northside 4th Addition, Lots 1-6. This property is located along Highway 83 and north of 36th Ave NE. REQUIRED BEFORE BUILDING PERMITS ARE ISSUED: 1. Storm Water Management Plans may be required and approved by the City Engineer. 2. Erosion Control practices will need to meet State of North Dakota requirements and approved by the City Engineer. 3. Final site, landscaping, parking and building elevations shall be submitted and approved by the Planning Commission/Planner prior to issuance of a building permit. 4. Traffic Impact Study will be required following ND DOT Guidelines for Development. Coordination with the NDDOT and City would be expected with the improvements. A PLANNING COMMISSION Regular Meeting October 28, 2013 Page 3 of 10 Certificate of Occupancy should not be expected until the improvements are complete. REQUIRED BEFORE CERTIFICATE OF OCCUPANCY IS ISSUED: 1. Sidewalks will be required to meet code. 2. Public Utility Fees will be required. 3. Frontage Road improvements to urban standards are required prior to issuance of Certificate of Occupancy. Motion to approve by Karpenko, seconded by Zimmerman and carried unanimously. 4a. (AGENDA ITEM #9) That City Council pass a motion to approve the request by Ward County, Devra Smestad, to subdivide Lot 5 less the N15’, all of Lots 6 & 7, Block 2, Ramstads Riverview Subdivision and vacated 3rd Ave SE into two lots to be known as Ramstads Riverview 2nd Addition, Lots 1 & 2. This property is located north of the Ward County Court House, 315 3rd St SE. REQUIRED BEFORE BUILDING PERMITS ARE ISSUED: 1. Erosion Control practices will need to meet State of North Dakota requirements and approved by the City Engineer. REQUIRED BEFORE CERTIFICATE OF OCCUPANCY IS ISSUED: 1. Sidewalks will be required. 2. Public Utility Fees will be required. Motion to approve by Karpenko, seconded by Zimmerman and carried unanimously. 5a. (AGENDA ITEM #10) That City Council introduce an ordinance on first reading to approve the request by Robert Struksnes to annex into City limits Section 21-155-83, Outlot 30 less Highway and Outlot 60. This property is located at 4905 East Burdick Expressway and 4909 Hwy 2 East. Approval of this request is subject to the following consideration: 1. To prevent an unannexed parcel (island outside city limits) of property adjacent to this request, it is recommended that we send notification to owner of adjacent property for annexation discussion. Motion to approve by Karpenko, seconded by Zimmerman and carried unanimously. PLANNING COMMISSION Regular Meeting October 28, 2013 Page 4 of 10 6a. (AGENDA ITEM #13) That City Council pass a resolution to approve the request by Gable Signs, Stephen Smith, for a conditional use permit to be allowed to place a second pole sign for Starbucks on West Dakota Acres Addition, Block 2, Lot 4. This property is located at 1800 22nd Ave SW. REQUIRED BEFORE BUILDING PERMITS ARE ISSUED: 1. Sign permit is required. Motion to approve by Karpenko, seconded by Zimmerman and carried unanimously. 7a. (AGENDA ITEM #15) That City Council pass a motion to approve the request by Champion Homes represented by Mark Sweeney, KLJ, to subdivide Idlewild 3rd Addition, Block 1, Lots 4-6 & Lots 11-13, Block 2, Lots 4-6 & Lots 10-12 into 8 lots to be known as Idlewild 4th Addition, Block 1, Lots 1 & 2; Block 2, Lots 1 & 2; Block 3, Lots 1 & 2; Block 4, Lots 1 & 2. This property is located north of 32nd Ave NW, along 13th Street NW. REQUIRED BEFORE BUILDING PERMITS ARE ISSUED: 1. Erosion Control practices will need to meet State of North Dakota requirements and approved by the City Engineer. REQUIRED BEFORE CERTIFICATE OF OCCUPANCY IS ISSUED: 1. Sidewalks will be required. 2. Public utility fees will be required. Motion to approve by Karpenko, seconded by Zimmerman and carried unanimously. 8a. (AGENDA ITEM #4) That City Council deny a request by Cass Oil Company/Holiday Stationstores, Dave Edquist, and property owners to subdivide Sorenson’s Addition, Block 1, Lot 4 less the W54’ and Lots 5-8; Sorenson’s 5th Addition, Block 1, Lot 2; and a portion of vacated 16th Ave SW into one lot to be known as Jason Mower Addition, Block 1, Lot 1. This property is located at the signalized intersection of Hwy 83 Bypass & US Hwy 2 & 52 W. If City Council determines to approve this request, it should be subject to the following conditions: 1. Traffic Impact Study has been completed and finalized for the site. The following recommendations were included: PLANNING COMMISSION Regular Meeting October 28, 2013 Page 5 of 10 a. The northbound leg of the intersection of US Hwy 83 Bypass and US Hwy 2/52 be widened by 5-10 feet to accommodate a combination through/left turn lane along with a right turn lane. The widening for a full right turn lane will provide additional capacity for the increased traffic leaving the Holiday Stationstore. Improvements installed by developer. b. The signal timings be updated for the 2015 Build conditions upon completion of the development. c. 15th Avenue and 31st Street be improved to urban road standards. d. A Developer’s Agreement to complete the items recommended in the traffic study would be required. Coordination with the NDDOT and City would be expected with the improvements. A Certificate of Occupancy should not be expected until the improvements are complete. 2. Storm Water Management Plans will be required and approved by the City. 3. Erosion Control practices will need to meet State of North Dakota requirements and approved by the City Engineer. 4. Final landscaping plans with percentages shall be approved by Planning Staff. The plans shall be revised to provide 50% building perimeter landscaping along the north and east elevations. 5. Final building elevation plans shall be approved by Planning Staff prior to issuance of a building permit. 6. An O&E Report be submitted to the Planning Department from local Abstract Company prior to final plat approval. REQUIRED BEFORE CERTIFICATE OF OCCUPANCY IS ISSUED: 1. Sidewalks will be required. 2. Public Utility Fees may be required. Dave Edquist, representing Holiday Stationstores, spoke for this request. He stated they are willing to work with the neighbors on their concerns. They will have a buffer area with landscaping, as well as improving the streets in the area to urban standards. He stated that paving 15th Avenue and 30th Street will improve traffic flow as well as ingress and egress of the area. There was discussion of storm runoff and flooding issues in the neighborhood. Mr. Edquist stated they will do whatever the stormwater management plan shows is required, most likely an underground collection system that will hold the water on site and release at an appropriate rate, which should actually improve conditions. Commissioner Lucy had questions on trip generations created by this project. Traffic Engineer stated the traffic study showed 4,228 trips per day, 84% of which come off the Bypass. There was discussion of future plans by NDDOT for an interchange/improvements to the area. Currently, there are no concrete plans or commitments by the State. Commissioner Koop asked who will be responsible for maintenance of the roads that they are planning to urbanize. Will they annex into city limits, or will they want services from the township? Mr. Edquist said that has not been discussed yet. City Planner stated that other projects have been approved PLANNING COMMISSION Regular Meeting October 28, 2013 Page 6 of 10 contingent on a letter of support from the township for road maintenance. Shawn Grosz, 1614 31st Street SW, spoke against this project. He stated their neighborhood has 18 homes and 2 low-traffic commercial businesses (storage units and equipment rental). Holiday’s plan to install 10 pumps would make this one of the largest gas stations in Minot. Traffic in the area is already dangerous with speed limits of 55 mph, and the intersection of the 2&52 Bypass and the Hwy 83 Bypass has been the scene of fatality accidents. Also, because they are not in city limits there are no fire hydrants on site in case of fire. Mr. Grosz said that Holiday’s plans do not address water supply or septic issues. He understands that the First District Health Unit has stated they will not approve a septic system. Brad Lambert, 3207 15th Avenue SW, stated he lives 2 houses away from this proposed business and he has no concerns other than water supply and drainage. Steve Reedy, 3015 16th Avenue SW, said his property has had appraisals showing its zoning to be R-1 rather than C-2. Kevin Hoff, 3201 15th Avenue SW, talked about dangerous traffic and kids on bikes. Ron Patten, 1725 33rd Street SW, stated that the septic system of a gas station will have excessively high usage. Mr. Patten also talked about maintenance of the roads, at this time there is no snow removal and he ends up blading 33rd Street himself. He also has concerns about the traffic. There was further discussion of future changes to the intersection and whether acquisition of a substantial amount of right-of-way would be required. City Engineer discussed how large scale NDDOT projects move forward. Because of the oil impact some projects are on a fast track, but the time line would still probably be at least 5 years. There is an initial corridor study that should be finished next Spring. At this time, the city is caught in limbo with no firm answers from the State as to where or if roads will be changed. Commissioner Zablotney had questions regarding concerns about the water supply by North Prairie Rural Water, and sewer service if First District Health Unit will not approve a septic system. The City Engineer stated the City has the capability of providing water to this future development by use of a trunkline in the area. Sanitary sewer service would require construction of lift stations, pumping systems, etc., at a considerable cost. Stormwater should not be a problem as it would be on-site retention, and flows should be the same as pre- construction. Motion by Zablotney to deny, seconded by Karpenko and carried unanimously. 9a. (AGENDA ITEM #5) That City Council introduce an ordinance on first reading to approve the request by Paul Zaharia, Liechty Homes & Brian Lenertz to change the zone from R-1 (Single Family Residential District) to MH (Manufactured Home District) on Kopper Sunrise 2nd Addition, Block 1, Lots 1-19; Block 2, Lots 1-7; Block 3, Lots 1-7. This property is located between Hwy 52 and County Road 19 and north of 54th Avenue SE. PLANNING COMMISSION Regular Meeting October 28, 2013 Page 7 of 10 Approval of this request is subject to the following requirements: 1. Sidewalks will be required. 2. Public Utility Fees will be required. 3. Development Association needs to be recorded for maintenance of roads, utilities, park and stormwater improvements. Paul Zaharia, 4600 Hwy 52, Lot 33, spoke for this request. He stated this subdivision was platted under the old Zoning Ordinance, and he did not realize that manufactured homes could no longer request placement in R-1 zoning on a case by case basis. His intent is that manufactured homes, modular homes and stick built homes will be permitted. Mr. Zaharia stated that the covenants for this subdivision will prevent single-wide manufactured housing and will govern the type of foundations allowed. Double-wide garages will also be required. Mr. Zaharia submitted a copy of the recorded covenants for Kopper Sunrise 2nd Addition. Tom Leary, representing Liechty Homes, stated they had pre-bought 4 lots without being aware of manufactured housing restrictions in R-1 zoning. Their goal is affordable housing. City Planner stated that 2 protests had been received, and that both had been withdrawn prior to the meeting. Motion to approve by Karpenko, seconded by Stremick and carried unanimously. 10a. (AGENDA ITEM #11) That City Council introduce an ordinance on first reading to approve the request by Beyond Shelter, Dan Madler, & Minot Housing Authority, Tom Pearson, to change the zone from R1 (Single Family Residence District) to RM (Medium Density Residential District) on Section 25-155-83, Outlot 16 to construct senior housing. This property is located at 1810 2nd ST SE. REQUIRED BEFORE BUILDING PERMITS ARE ISSUED: 1. Storm Water Management Plans will be required and approved by the City. 2. Erosion Control practices will need to meet State of North Dakota requirements and approved by the City Engineer. 3. Final colored elevations shall be submitted and approved by the City Planner prior to issuance of a building permit. 4. Final landscaping and screening plans shall be submitted. The entire north property line shall be screened. The east property line shall be screened with a 3 foot in height landscape buffer. 5. First Street SE from 18th Avenue to 19th Avenue must be improved to urban road standards. REQUIRED BEFORE CERTIFICATE OF OCCUPANCY IS ISSUED: 1. Sidewalks will be required. 2. Public Utility Fees will be required. PLANNING COMMISSION Regular Meeting October 28, 2013 Page 8 of 10 Dan Madler, representing Beyond Shelter, spoke for this request. He stated they are working in conjunction with Minot Housing Authority on a project to be known as Cook’s Court. It will be affordable housing for seniors and will consist of 40 units (32 – 1 bedroom units, 3 of which will be fully handicapped accessible, and 8 – 2 bedroom units, 4 of which will be fully handicapped accessible). The stated monthly rent is $337 to $550 for a 1 bedroom, and $650 for a 2 bedroom, with utilities included. The facility will include on-site laundry, library, fitness area, community room and other amenities. Residents will have off-street parking off 1st Street SE and visitor parking will be off 2nd Street SE. Garbage pick-up will be off 19th Avenue SE. Concerns had been received regarding if improvements to 1st Street SE will be special assessed, and how adjoining property values will be affected. Mr. Madler stated they do not plan to request a special assessment district for those improvements. He said that since 2003 he has been involved in 16 similar projects, and none of them had caused any drop in adjacent property values. Mike Timm, 1800 2nd Street SE, stated that his concerns have been addressed and he has no protest to the project. Dennis Smetana stated his concerns with drainage to 1st Street, type of curb and gutter to be installed and urbanization of the street. Motion to approve by Howe, seconded by Zimmerman and carried unanimously. Other Business 1. (AGENDA ITEM #7) – Northridge Villas Addition, Lots 1-34 This request was withdrawn before the meeting. 2. (AGENDA ITEM #14) – Witham’s 4th Addition This request was withdrawn before the meeting. 3. (AGENDA ITEM #1) – Beaver Creek Estates 4th Addition, Lot 12 The request by Jason Hiatt for a variance to the height of an accessory building from the allowed 16’ to approximately 17’4” on Beaver Creek Estates 4th Addition, Lot 12 was approved. This property is located at 3200 Beaver Creek Road. Motion to approve by Eggen, seconded by Howe and carried with yes votes by Conklin, Eggen, Holbach, Howe, Karpenko, Koop, Lucy, Neether, Pankow, Stremick, Zablotney, and Zimmerman, and a no vote by Berning. PLANNING COMMISSION Regular Meeting October 28, 2013 Page 9 of 10 4. (AGENDA ITEM #2) – Edgewood 7th Addition, Lot 35 The request by Shawn and Susan Schmutzler for a variance to the front yard setback along Hiawatha Street from the required 25’ to approximately 15.5’ on Edgewood 7th Addition, Lot 35 was approved. This property is located at 1425 Hiawatha Street. Shawn Schmutzler, 1425 Hiawatha Street, spoke for this request. He stated that he had already started construction of the shed when city staff notified him of the problem with setback. He was not required to obtain a building permit due to the size of the building, but had picked up the Building Department handout for sheds. He stated the handout did not say setback started from property line. City Planner stated that protest to this request had been received from two people in the neighborhood. Motion to approve by Karpenko, seconded by Stremick and carried with yes votes by Conklin, Eggen, Howe, Karpenko, Koop, Lucy, Neether and Stremick and no votes by Berning, Holbach, Pankow, Zablotney and Zimmerman. 5. (AGENDA ITEM #12) – Section 28-155-83, Lot B of Outlot 19 The request by Paul Behm to change the zone from RA (Agricultural Residential District) to C-2 (General Commercial District) on Section 28-155-83, Lot B of Outlot 19 was held. Also, Mr. Behm withdrew his request for a variance to the requirement for a paved parking lot for truck parking connected to Behm’s Truck Stop on Section 28-155-83, Lot B of Outlot 19. Rolly Ackerman, Ackerman Surveying, spoke for this request. He gave some history on this area and the land transactions through the years. He stated that Behm’s Truck Stop is located to the west of the subject property and has been in that location since 1933. The Future Land Use Plan indicates this area is to be guided as greenway or low density housing, but that was an oversight because the truck stop was already there and zoned C-2. Paul Behm, Behm’s Truck Stop, stated that they try to be good neighbors and that they have relatives living near the truck stop. He stated that pictures that had been turned in as part of a protest showed areas that needed clean up after the flood, but that had been postponed this year due to the wet spring and summer. Oil barrels and vehicles have been disposed of and the rest of the clean up will continue next spring. Mark Larson, 3400 11th Avenue SW, stated he and his wife, Nancy Bjork, bought their home and surrounding land as residential from Mike Blazek. He had requested rezoning of one parcel to C-2 as he intended to have his law office there. His plans changed and he sold that C-2 zoned land to Mr. Behm. However, Mr. Larson feels the correct zoning for the Behm property should be M-1 with a conditional use permit. PLANNING COMMISSION Regular Meeting October 28, 2013 Page 10 of 10 There was further discussion of uses allowed in C-2 (automotive rather than semi-trucks, and parking lots for cars and pick-ups not semi-trucks) and that construction equipment and significant truck traffic has impacted the area. City Planner stated that the old Zoning Ordinance did not address truck stops. The new Zoning Ordinance passed in July, 2013 requires M-1 zoning with a conditional use permit for a truck stop. Chairperson Pankow suggested holding this request for a month to determine what zoning will be requested. Motion to hold by Lucy, seconded by Zablotney and carried unanimously. Meeting adjourned at 8:20 p.m.