Planning Commission

PLANNING COMMISSION Regular Meeting November 25, 2013 Page 1 of 10 Chairperson Dave Pankow, presiding. Members Present: Conklin, Holbach, Howe, Karpenko, Koop, Lucy, Neether, Pankow, Stremick, Zablotney, Zimmerman Members Absent: Berning, Eggen Also Present: City Staff: City Planner, City Engineer, City Attorney, Public Works Director, Assistant Public Works Director, Fire Marshal, Assistant City Assessor, Information Officer Aldermen: M. Miller, Hatlelid, Moen, Connole, Jantzer Others: Jerry Chavez, Jill Schramm, Sean Weeks, Brock Storrusten, Ed Taney, Sean Reid, Chad Kinzell, Duane Poynter and many others _____________________________________________________________________ Approval of Minutes The minutes of the October 28, 2013 regular meeting were approved. Motion to approve by Holbach, seconded by Koop and carried unanimously. Recommendations 1a. (AGENDA ITEM #1) That City Council pass a motion to approve the request by Phil Handley to subdivide Bel Air Twinhomes Addition, Lots 1A-4B into one lot to be known as Bel Air Twinhomes 2nd Addition, Lot 1. This property is located at the intersection of 27th Street NW and 5th Avenue NW. REQUIRED BEFORE BUILDING PERMITS ARE ISSUED: 1. Storm Water Management Plans will 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. REQUIRED BEFORE CERTIFICATE OF OCCUPANCY IS ISSUED: 1. Sidewalks will be required along all public right of ways. 2. Public Utility Fees will be required. PLANNING COMMISSION Regular Meeting November 25, 2013 Page 2 of 10 3. Extra water and sewer services (from previously installed townhouse lots) to be removed to the main line and capped. Motion to approve by Stremick, seconded by Karpenko and carried unanimously. 2a. (AGENDA ITEM #2) That City Council pass a motion to approve the request by S. Management Group, Inc., Robin Seiser, to subdivide Bolton Heights Addition, Block 8 into 3 lots to be known as Bolton Heights 10th Addition, Lots 1-3. This property is located on the northwest corner of 33rd Street NW and Harvest Hills Avenue NW. 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. Site plan review will be required by City staff. 4. Shared parking agreement must be filed with plat showing shared access. 5. Developer required to sign a non-protest of special assessment for street improvements to 19th Avenue and 30th Street NW. REQUIRED BEFORE CERTIFICATE OF OCCUPANCY IS ISSUED: 1. Sidewalks will be required. 2. Public Utility Fees will be required. Motion to approve by Stremick, seconded by Karpenko and carried unanimously. 3a. (AGENDA ITEM #3) That City Council pass a motion to approve the request by Leo Bruins to subdivide Section 1-154-83, Outlots 17, 30 & 31 into one lot to be known as Bruins Addition, Lot 1. 3b. That City Council introduce an ordinance on first reading to change the zone from RA (Agricultural Residential District) and AG (Agricultural District) to AG (Agricultural District) on proposed Bruins Addition, Lot 1. This property is located at 1021 54th Avenue SE. Motion to approve by Stremick, seconded by Karpenko and carried unanimously. PLANNING COMMISSION Regular Meeting November 25, 2013 Page 3 of 10 4a. (AGENDA ITEM #13) That City Council pass a motion to approve the request by Faraii LP, Herb Sider, to subdivide West Oaks 4th Addition, Lot 1 into 2 lots to be known as West Oaks 5th Addition, Lots 1 & 2. This property is located at 14 Oak Drive. 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. Motion to approve by Stremick, seconded by Karpenko and carried unanimously. 5a. (AGENDA ITEM #5) That City Council pass a motion to approve the request by Nathan Smith to subdivide 55th Crossing, Blocks 1 & 2 and Block 23, Lots 1 & 2 and a vacated portion of 15th Ave SE into 34 lots to be known as 55th Crossing 6th Addition, Block 1, Lot 1 & Lots 2A-15B & Lots 16-18, Block 2, Lots 1 & 2. 5b. That City Council introduce an ordinance on first reading to change the zone from C2 (General Commercial District) & R1 (Single Family Residential District) to C2 (General Commercial District) on proposed 55th Crossing 6th Addition, Block 2, Lot 2 to C1 (Neighborhood Commercial District) on proposed 55th Crossing 6th Addition, Block 2, Lot 2 and to R2 (Two Family Residential District) on proposed 55 th Crossing 6th Addition, Block 1, Lots 2A-15B and to R1 (Single Family Residential District) on proposed 55 th Crossing 6th Addition, Block 1, Lots 16-18 and to P (Public Zone) on proposed 55th Crossing 6th Addition, Block 1, Lot 1 and Block 2, Lot 1. This property is located east of 55th Street SE and north of 17th Avenue SE. REQUIRED BEFORE BUILDING PERMITS ARE ISSUED: 1. The proposed Lot 2, Block 2 shall be rezoned C-1, Neighborhood Commercial. 2. Traffic Study will be required and approved by the Traffic Engineer. 3. Storm Water Management Plans will be required and approved by the City Engineer. 4. Erosion Control practices will need to meet State of North Dakota requirements and approved by the City Engineer. 5. The applicant shall submit landscape buffering plan for the single and two-family homes that will abut the future school property. 6. The future land use map shall be updated to correspond to the approved rezoning. PLANNING COMMISSION Regular Meeting November 25, 2013 Page 4 of 10 REQUIRED BEFORE CERTIFICATE OF OCCUPANCY IS ISSUED: 1. Sidewalks will be required. 2. Public Utility Fees will be required. Sean Weeks of Ackerman-Estvold Engineering spoke for this request. Before the meeting began he had asked to be allowed to submit a new exhibit with several changes to this proposal, including realignment of 15th Avenue SE, further subdivision at a future time of Block 1, Lot 1 and to retain C-2 zoning in its current location rather than to change to C-1. It was determined that the request must go forward as advertised in the public hearing notice. Commissioner Zablotney asked why the required site plan was not submitted for this proposal. Mr. Weeks said that the end configuration of Lot 1 was undecided at this time and that 27 acres were more than adequate for Public use. Commissoner Zablotney asked why not wait for sufficient information rather than go forward now, and Mr. Weeks stated the owner has been in conversations with the school district about this property. Chairperson Pankow stated that further requests for changes/development of the Public zoned land would require coming before Planning Commission again for review and approval. There was discussion of the difference between C-2 and C-1 zoning. C-1 is Neighborhood Commercial District and is a better fit at this time as there is no major street in the area. There is C-2 zoning to the west of this property however. Motion to approve with staff recommendations by Zablotney, seconded by Howe and passed with yes votes by Conklin, Holbach, Howe, Karpenko, Koop, Lucy, Pankow, Stremick, Zablotney, Zimmerman, and Neether abstaining. 6a. (AGENDA ITEM #6) That City Council pass a motion to approve the request by Prolific Initiatives, represented by Travis Zablotney & Jerry Chavez, to subdivide an unplatted portion of Section 23-155-82 into 40 lots to be known as Great Plains Energy Park 2 at Heartland Hills, Block 1, Lots 1-14; Block 2, Lots 1-8; Block 3, Lots 1-18. 6b. That City Council introduce an ordinance on first reading to change the zone from AG (Agricultural District) to M1 (Light Industrial District) on proposed Great Plains Energy Park 2 at Heartland Hills, Block 1, Lots 1-14; Block 2, Lots 1-8; Block 3, Lots 1-18. 6c. That City Council introduce an ordinance on first reading to annex into city limits proposed Great Plains Energy Park 2 at Heartland Hills, Block 1, Lots 1-14; Block 2, Lots 1- 8; Block 3, Lots 1-18. This property is located north of Hwy 2 and east of 72nd Street SE. REQUIRED BEFORE BUILDING PERMITS ARE ISSUED: PLANNING COMMISSION Regular Meeting November 25, 2013 Page 5 of 10 1. Traffic Study will be required and approved by the Traffic Engineer and NDDOT. 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. Sewer and water utility study is required. 5. Developer’s Agreement regarding phasing and infrastructure responsibility must be approved and recorded. 6. 72nd Street must be improved to urban standards. REQUIRED BEFORE CERTIFICATE OF OCCUPANCY IS ISSUED: 1. All public improvements completed and accepted by City staff. 2. Public Utility Fees will be required. Jerry Chavez, MADC, spoke for this request. There was discussion of water in the area. Mr. Chavez stated it will drain easterly and there will be an engineered plan for this. There was also discussion of the frontage road along Hwy 2 in this area, which requires NDDOT involvement. NDDOT also restricts access to Hwy 2. This proposal shows 3 intended access points. City Engineer stated the intent is for 2nd Avenue to stop at 74th Street. Motion to approve with staff recommendations by Howe, seconded by Neether and passed with yes votes by Conklin, Holbach, Howe, Karpenko, Koop, Lucy, Neether, Pankow, Stremick and Zimmerman, and Zablotney abstaining. 7a. (AGENDA ITEM #7) That City Council pass a motion to approve the request by Aaron Rosenthal to subdivide North Minot Addition, Block 1, south 50’ Lot 6 into 2 lots to be known as North Minot 5th Addition, Lots 1 & 2 for the purpose of constructing a townhouse. This property is located at 706 3rd 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 to be brought up to code. 2. Public utility fees will be required. One additional hook up fee is required. There was no one present to speak for this request. Commissioner Zablotney asked for clarification of the requirement to build 1 foot above the flood level in areas that were flooded and why that was not implemented for this request. City Engineer stated we are currently PLANNING COMMISSION Regular Meeting November 25, 2013 Page 6 of 10 operating under two sets of rules. We still use the established FIRM maps from FEMA which show the majority of Minot outside of any flood plain. We have begun to implement the 1 foot above flood level for new, larger developments in the 2 mile extraterritorial area or open land in city limits. This is a simple split of existing lots, and other similar requests for rebuilding in flooded areas have not had to follow the requirement. There was discussion that this area is guided commercial on the Future Land Use plan. Motion to approve by Stremick, seconded by Zablotney and carried unanimously. 8a. (AGENDA ITEM #8) That City Council deny a request by Sean Reid to change the zone from R1 (Single Family Residential District) to PUD (Planned Unit Development) for the purpose of constructing a mixed use of 2-family split villas and single family residences on Northridge Villas Addition, Lots 1-34. This property is located west of 27th Street NW on 9th Avenue NW and 28th Street NW. If City Council determines to approve this request, it should be subject to the following conditions: REQUIRED BEFORE CERTIFICATE OF OCCUPANCY IS ISSUED: 1. Sidewalks will be required. 2. Public Utility Fees may be required. 3. Separate sewer and water services required for each unit. Sean Reid, 634 E. Broadway, Williston, ND spoke for this request. He stated that this project will be an enhancement to the neighborhood through its amenities. Brock Storrusten, Moore Engineering, stated that the two-family units will be split villas located along the coulee area. Single family residences will remain at the entrance to the development. There will be 10 single family and 23 2-family split villas, a total of 56 units. He stated that it will be difficult to tell which units are two-family from the street due to the way they are constructed – upstairs unit and downstairs unit. A traffic study showed very little increase in expected traffic even with multi-family use (an increase of 1 trip during peak hours because the 2-family split villas will have fewer people living in them than single-family units). Mr. Storrusten discussed the Home Owners Association and covenants. The HOA will remain the developers’ responsibility until 60% of the units are sold at which time it will be released to the property owners, but will remain in effect. The HOA will maintain the Peterson Greenway and will allow community use of it. An easement for this use has already been filed. There was discussion of some of the other proposed amenities such as picnic area, ice skating rink, walking trail and other recreational uses. Commissioner Zablotney questioned who pays for these improvements. Mr. Reid stated they are done privately and not all of them may be built, they should be considered possibilities. For right now the greenway will be used for walking. PLANNING COMMISSION Regular Meeting November 25, 2013 Page 7 of 10 Ed Taney, 720 27th Court NW, spoke in favor of this request. He feels they are quality construction and he is very pleased with the landscaping. Alderman Amy Moen of Ward 4, stated that she is disappointed with this request since R-4 zoning was previously denied. Kevin Bonness, 709 27th Street NW, is opposed to this request. He stated he and his neighbors feel the city has already decided to allow this zone change, and they are back where they started in fighting it. He feels the developer must sell more units to cover his costs and that is the reason for this request. He said there is no multi-family within at least 5 blocks of this neighborhood. Justina Langhans, 713 27th Street NW, spoke in opposition and stated that a petition protesting this request had been submitted this morning. She also said that the greenway they are proposing could be done in R-1 zoning. Leon Zeltinger, 1009 27th Street NW, has traffic concerns and stated that egress is a problem with only one way out of the coulee. John Zimmerman stepped down as Planning Commissioner, and spoke in support of this request. He is a member of the investment group working with this development and said that PUD was not an option last year when a zone change was requested. There was discussion of the differences between R-4 zoning, which was requested last year, and PUD. City Planner stated that R-4 has to go before Planning Commission with a master plan showing everything. A PUD also has to go before Planning Commission but alternatives to improve amenities can be requested by Planning Commission or City Council. PUD is more of a tradeoff to improve conditions for the developer and the neighborhood. Alderman Milt Miller of Ward 4, asked if the zone stays R-1 will the greenway still be done? He also stated that this is the fourth time this subdivision has been before the Planning Commission. Commissioner Stremick said he has concerns on density and lot size. Motion to deny by Stremick, seconded by Holbach and passed with yes votes by Conklin, Holbach, Howe, Karpenko, Koop, Lucy, Neether, Pankow, Stremick, and Zablotney, and Zimmerman abstaining. 9a. (AGENDA ITEM #9) That City Council pass a motion to approve the request by JM Properties, Jim Marsh, to subdivide Ridgedale Heights 3 rd Addition, Lot 1 & North Side 2nd Addition, Block 2, Lots 11 & 12 and North Side 3 rd Addition, Lot 2 into 6 lots to be known as North Side 4th Addition, Lots 1-6. 9b. That City Council introduce an ordinance on first reading to change the zone from C-2 (General Commercial District) and C-4 (Planned Commercial District) to C-2 (General Commercial District) on proposed North Side 4th Addition, Lots 1-6. This property is located along Highway 83 and north of 36th Avenue NE. PLANNING COMMISSION Regular Meeting November 25, 2013 Page 8 of 10 Approval of this request should be subject to the following modifications and conditions: 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 Planner. 4. Traffic Impact Study will be required following NDDOT guidelines for development 5. Sanitary sewer study be completed. 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. Sean Weeks, Ackerman-Estvold Engineering, was present to discuss his client’s request to revise the previously approved plat and rezone the property to RH (High Density Residential District) on proposed Lots 1 and 2 and to C2 (General Commercial District) on proposed Lots 3, 4, 5 & 6. City Planner, at the request of the applicant, asked if the City Attorney had concerns with a revision being presented at the meeting with regards to the zone change. The City Attorney replied that the Planning Commission should act on what was advertised and notified to adjoining property owners and not accept revisions at the meeting. City Planner provided an email from the applicant indicating that he had wanted to use Lots 1 & 2 (RH) for airport off site parking during construction of the new airport as he felt there would be a need. City Planner stated that by leaving the site commercial a parking lot would be a permitted use. Staff recommends that the applicant apply for a zone change to multi-family at a later date, giving the staff and steering committee a chance to review the site for a potential high density use. Motion to approve the replat and rezoning with all lots to remain C-2 by Zablotney, seconded by Howe and carried unanimously. 10a. (AGENDA ITEM #11) That City Council pass a motion to approve the request by Duane Poynter to subdivide Suburban Homes Addition, Block 4, north ½ Lots 9 & east 50’ of Lot 10 into 2 lots to be known as Suburban Homes 3rd Addition, Lots 1 & 2. This property is located at 301 15th Ave SW and 1513 4th ST SW. REQUIRED BEFORE BUILDING PERMITS ARE ISSUED: 1. Erosion Control practices will need to meet State of North Dakota requirements and PLANNING COMMISSION Regular Meeting November 25, 2013 Page 9 of 10 approved by the City Engineer. Duane Poynter spoke for this request. He owns a single-family residence at this location which he currently rents out. He plans to use this house as his own residence in the future and wants to purchase enough property to be able to construct a garage at that time. There was discussion of the Laundromat located next door, which Mr. Poynter also owns. It was stressed that any accessory building on the residential lot can be used only by those living in the residence and not as additional storage for the commercial use. Mr. Poynter stated that he agreed. Motion to approve with staff recommendations by Neether, seconded by Howe and carried unanimously. 11a.(AGENDA ITEM #12) That City Council pass a motion to approve the request by Gong Properties, Jack Stevick, to subdivide Summit Park Addition, Block 5, Lots 1 & 2 and ½ vacated alley into 1 lot to be known as Summit Park 2nd Addition, Lot 1. 11b.That City Council introduce an ordinance on first reading to change the zone from R1 (Single Family Residential District) and C2 (General Commercial District) to C2 (General Commercial District) on proposed Summit Park 2nd Addition, Lot 1. This property is located at 1302 and 1304 1st Street SW. REQUIRED BEFORE BUILDING PERMITS ARE ISSUED: 1. The future land use map shall be updated to correspond to the approved rezoning. 2. Storm water management plan would be required. 3. Site plan including building elevations, landscape plan, etc., to be submitted. There was no one present to speak for this request. City Planner explained the staff report and recommendation for approval. One house has been demolished on this property and the applicant plans to demolish the second house also. He wants to combine the lots into one. James Ayash, #20 13th Avenue SW, stated his concerns with the intersection and whether on- street parking would be allowed. City Planner stated that the number of off-street parking spots must meet parking requirements as determined by future use. It is possible that a traffic analysis may be required to determine necessary traffic control. Motion to approve without traffic analysis by Karpenko, seconded by Lucy and carried unanimously. Other Business PLANNING COMMISSION Regular Meeting November 25, 2013 Page 10 of 10 1. (AGENDA ITEM #4) – Countryside Villas 3rd Addition, Lot 53 This request was withdrawn before the meeting. 2. (AGENDA ITEM #8) – Northridge Villas Addition, Lots 1-34 The PUD Plan Review on Northridge Villas Addition, Lots 1-34 was denied as part of the zone change request. 3. (AGENDA ITEM #10) – Section 25-156-83, Outlot 10 The request by Chad Kinzell for a variance to the height of an accessory building from the required 16’ midpoint to approximately 22’8” midpoint or 16’ sidewalls on Section 25-156-83, Outlot 10 was approved. This property is located at 805 62nd Avenue NE. Motion to approve by Zablotney, seconded by Karpenko and carried unanimously. Chairman Pankow reminded the Planning Commission members that there is no meeting scheduled for December, 2013. The next scheduled meeting will be January 27, 2014 and the meeting start time will change to 5:30 p.m. Meeting adjourned at 8:10 p.m.