Planning Commission

PLANNING COMMISSION Regular Meeting October 27, 2014 Page 1 of 14 Regular Meeting: Planning Commission Committee Location: City Hall, Council Chambers, 515 2nd Avenue SW, City of Minot, ND Meeting Called to Order: October 27, 2014 at 5:30 p.m. Presiding Official: Chair John Zimmerman Secretary: Sybil Tetteh Members in Attendance: Chairman John Zimmerman, Wally Berning, Larry Holbach, Jon Hanson, Todd Koop, Bob Wetzler, Kevin Mehrer, Tyler Neether, Todd Wegenast, Travis Zablotney, Brenden Howe Members Absent: Ryan Conklin, Vice-chair Pam Karpenko City Staff Present: Donna Bye, City Planner; Sybil Tetteh, Asst. City Planner; Steve Borjeson, Planning Technician; Kelly Hendershot, Asst. City Attorney; Lance Meyer, City Engineer; Stephanie Frizzo, Traffic Engineer; Bob Lindee, Public Information Officer; Mitch Flanagan, Building Official; Jason Sorenson, Asst. Public Works Director; Ed Hausauer, Fire Marshal; Lee Staab, City Manager Others Present: Aldermen Schuler, Hatlelid, Pankow, Shomento, Jantzer, Connole, Gary Lee, Ed Kirkelie, Ken Herslip, Tanner Hegge, Gary Lee, Molly Ward, Ross Rubbelke, Brenda & John Willoughby, Larry Bruess, Ed Kirkelie, Dennis Nussbaum, Tom Klein, Kevin Dunn, Curt & Joan Wilcox, Kyle & Melissa Burckhard, Rebecca Hill, and many others Meeting Called to order by Chairman John Zimmerman Approval of 9/29/2014 Regular Meeting Minutes Motion by Neether second by Koop to approve the 9/29/2014 Regular Meeting Minutes, and carried by the following roll call votes: ayes: Zimmerman, Berning, Holbach, Hanson, Koop, Howe, Wetzler, Mehrer, Neether, Wegenast, Zablotney. Nays: none Motion passed RECOMMENDATIONS Approval of Agenda Items (#4, 5, 8, & 9) included in the Consent Agenda. Motion by Holbach, second by Koop to approve consent items with staff recommendation(s); and was carried by the following roll call votes: ayes: Zimmerman, Berning, Holbach, Hanson, Howe, Koop, Wetzler, Mehrer, Neether, Wegenast, Zablotney. Nays: none 1|Page PLANNING COMMISSION Regular Meeting October 27, 2014 Page 2 of 14 Motion passed. Item # 1: Other business: The Planning Commission approved a request by Tanner Hegge for a variance to the front yard setback from the required 25’ to approximately 11’ for an existing home and a variance to the distance required between a primary structure and a new 26’ x 11’ accessory building from the required 6’ to approximately 4’3” on Charlebois Addition Bonds R/A, Lot 1 & N1/2 Lot 2, Block 1, Lot 3. This property is located at 222 8th Ave SE. CONDITIONS: 1. The accessory structure shall be designed to match the existing single family home include roof design with similar exterior material and colors. 2. The driveway shall be paved with an improved hard surface material. 3. Rain gutters will be installed to prevent drainage on to adjacent properties FINDING OF FACT FOR APPROVAL: 1) The subject property is zoned R1 single family residential. 2) The subject property is an existing legal non-conforming structure. 3) The proposed accessory structure provides for a garage stall on the property where one does not currently exist. 4) The new structure does not increase the existing legal non-conformity. 5) The setback requested conforms with the property rights enjoyed by neighboring properties. 6) Granting of the variance can be done without substantial detriment to the public good and without impairing the general purpose and intent of the comprehensive plan. Tanner Hegge, the applicant presented the nature of the project stating that setbacks of the home are existing and the variance requested is for a new accessory building. Commissioner Zablotney asked if rain gutters will be put on the garage to prevent drainage problems to neighboring properties, to which Mr. Hegge answered yes. Gary Lee, 224 8th Ave SE, commented that his concern is about drainage problems and Commissioner Zablotney’s question answers his concern. He is not objecting to the construction of the garage but would like the rain gutters as a condition with approval. Motion by Zablotney, second by Howe to approve agenda item with finding of fact(s) and condition(s); and was carried by the following roll call votes: ayes: Zimmerman, Berning, Holbach, Hanson, Howe, Koop, Wetzler, Mehrer, Neether, Wegenast, Zablotney. Nays: none Motion passed. 2|Page PLANNING COMMISSION Regular Meeting October 27, 2014 Page 3 of 14 Item # 2: That the City Council pass a resolution approving a request by Molly Ward, for a conditional use permit for a licensed daycare facility in an R1 zoned home that is currently not her primary residence for a period of 12 months. This property is located at 146 26th ST SW. CONDITION: 1) Conditional use approval for 12 months’ time frame. FINDING OF FACT: 1) The subject property is zoned R1, Single Family Residential District. 2) A daycare facility is an allowed use with a conditional use permit in an R1 zone. 3) The subject property has available space for a daycare facility. Molly Ward, the applicant stated that the house was purchased in June and running a daycare with 10 kids currently. She and her husband have plans to move in but are working on renovating the home themselves before moving in. The renovation includes attaching a garage and separate living space from the daycare area. The renovation will be completed within 12-15 months. Commissioner Berning asked if she had a double driveway. She stated that she only had a single driveway. Ross Rubbelke, 1616 Dakota Dr. expressed his concern with electrical permits and traffic in the neighborhood. He also questioned the liability of the children at the daycare. Mrs. Ward stated that she has a background in childhood education and has taught in Minot Public Schools for 4 years. She has insurance and is in the process of getting licensed with the State. Her husband will complete all work except for the electrical. Brenda & John Willoughby, 144 26th St SW in opposition, stated that they do not want business in the neighborhood, has concerns about traffic and how fast people drive, liability and the quietness of the neighborhood. He stated concern with the location of egress windows and rudeness of the parents. He has witnessed parents walking across their lawn to pick up their kids. Mrs. Ward stated that she works with 10 families from 7:30 am to 8:30 am drop off time and 3 pm to 5:30 pm when parents pick up their kids. She has asked the parents to be mindful of the neighborhood and safety concerns. There is a fenced-in area where the kids play, and at times she or her employee takes the kids outside to play in the larger part of the yard. She also stated that she has one full time employee and a backup employee. A total of 5-6 kids with one care giver when they go out to play is critical. Lawrence Mack, 145 26th St SW in opposition also expressed his concerns with traffic. 3|Page PLANNING COMMISSION Regular Meeting October 27, 2014 Page 4 of 14 Motion by Wegenast, second by Zablotney to approve agenda item with a 12 months’ time limit and finding of fact(s); and was carried by the following roll call votes: ayes: Zimmerman, Hanson, Koop, Wetzler, Mehrer, Neether, Wegenast, Zablotney. Nays: Berning, Holbach, Howe Motion passed. Item #3: That City Council introduce an ordinance on first reading to approve the request by Tony Lazzaretto to change the zone from R1 (Single Family Residential) District to R2 (Two Family Residential) District for the purpose of making a duplex on Heckers 1st Addition, Lot 16. This property is located at 617 Valley Street. BEFORE CERTIFICATE OF OCCUPANCY IS ISSUED: 1. Public Utility Fees will be required. FINDING OF FACT: 1. The subject property is zoned R1 and is requesting rezoning to R2. 2. The R2 zoning district allows one and two family dwellings. 3. Proposed use is in compliance with the Future Land Use and Comprehensive Plan. 4. There are similar uses adjacent to subject property and proposed use meets parking requirements. No one appeared to discuss item. Motion by Neether, second by Koop to approve agenda items with conditions and finding of fact(s); and was carried by the following roll call votes: ayes: Zimmerman, Berning, Holbach, Hanson, Howe, Koop, Wetzler, Mehrer, Neether, Wegenast, Zablotney. Nays: none Motion passed. Item #4: As part of consent motion, it was recommended: That the City Council schedule a public hearing to consider a resolution approving the request by Mark Whitman to vacate the plat known as Magic City Walmart, Lots 1-3 to once again to be known as a portion of Outlot 10 of the SW1/4 SE1/4, Section 10-155-83. This property is located south of 21st Avenue NW and west of Sunset Boulevard. CONDITIONS: 1. Sunset Blvd 66' right-of-way must be converted to an access and utility easement. 19th Ave 40' right of way must be converted to an access and utility easement. 4|Page PLANNING COMMISSION Regular Meeting October 27, 2014 Page 5 of 14 FINDING OF FACTS: 1) The subject property is zoned AG, Agricultural District. 2) The subject property was approved for a plat named Magic City Walmart Block 1, Lot 1- 3. 3) The proposed Walmart store was denied and will not be constructed on site as originally proposed. 4) The applicant requests to vacate the plat and revert the legal description back to the original legal description until such time development is approved. Motion by Holbach, second by Koop to approve consent items with condition and finding of fact(s); and was carried by the following roll call votes: ayes: Zimmerman, Berning, Holbach, Hanson, Howe, Koop, Wetzler, Mehrer, Neether, Wegenast, Zablotney. Nays: none Motion Passed. Item #5: As part of consent motion, it was recommended: That the City Council introduce an ordinance on first reading to approve the request by Robert & Lori Ashley, to annex into city limits Morning Side Addition, Block 1, Lots 5 & 6 and adjacent right-of-way for the purpose of connecting to City services. This property is located at 3605 Burdick Expy E. FINDING OF FACT: 1. Connection fees will be required. Motion by Holbach, second by Koop to approve consent items with finding of fact(s); and was carried by the following roll call votes: ayes: Zimmerman, Berning, Holbach, Hanson, Howe, Koop, Wetzler, Mehrer, Neether, Wegenast, Zablotney. Nays: none Motion Passed Item #6: That the City Council pass a resolution to approve the request by West Central Inc., Larry Bruess, for an interim use permit to place a chemical storage warehouse on Northeast Industrial Park, Block 1, Lot 2. This property is located at 3001 27th St NE. 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. 5|Page PLANNING COMMISSION Regular Meeting October 27, 2014 Page 6 of 14 3. A final detailed site plan shall be submitted and reviewed by staff prior to issuance of any permits. 4. No outdoor storage shall be permitted at any time on site. 5. The IUP will be limited to West Central, Inc. for the construction of an agricultural industrial chemical and receiving, distribution and warehouse only and is non- transferable except by Planning Commission and City Council approval. 6. Final detailed colored elevation plans for the storage and other proposed industrial buildings shall be approved by staff prior to issuance of a building permit. Building elevation design and materials must meet all applicable zoning requirements of Chapter 15.2-1. 7. The Fire Department shall review and approve all proposed building plans. 8. A final landscape plan including buffers meeting all requirements of Chapter 24 shall be submitted for review and approval by staff. 9. Lighting plans shall be submitted and reviewed by staff. BEFORE CERTIFICATE OF OCCUPANCY IS ISSUED: 1. Public Utility Fees will be required. FINDING OF FACT: 1) The subject property is guided for zoned M2, Heavy Industrial and guided Industrial. 2) The M-2 district allows for chemical storage as an interim use. 3) The approval is based on several conditions of approval and requirements for revised plans. 4) The IUP will be limited to West Central, Inc. for the construction of an agricultural industrial chemical and receiving, distribution and warehouse only and is non- transferable except by Planning Commission and City Council approval. 5) The construction of the proposed warehouse building will protect neighboring properties. No outside storage of chemicals will be allowed. 6) The building exterior materials and design will be required to meet ordinances so that it is compatible in appearance and will not change the essential character of the area. 7) All chemicals to be stored on site will be required to be stored inside with no approval for outdoor storage to ensure it will not be hazardous to the public. 8) The site will be adequately served by essential public facilities. 9) The use as a warehouse is not expected to create excessive need for additional public facilities or services. 10) The facility, operating within buildings, is not expected to be detrimental to neighboring properties. 11) Access to the site is ample and the proposed distribution facility is not expected to create traffic congestion. 12) The proposed construction on the platted lot is not expected to cause damage to natural, scenic feature not depreciate surrounding property values. Larry Bruess representing West Central stated that the company has been in Minot for about 15 years and are looking to expand. Currently the company has 11 full time employees and looking to add 6 – 7 additional employees. 6|Page PLANNING COMMISSION Regular Meeting October 27, 2014 Page 7 of 14 Motion by Neether, second by Wegenast to approve the request with finding of facts and staff recommendation(s); and was carried by the following roll call votes: ayes: Zimmerman, Karpenko, Berning, Holbach, Conklin, Hanson, Howe, Koop, Wetzler, Mehrer, Neether, Wegenast, Zablotney. Nays: none. Motion passed This item should be considered for a time limit as it is an interim use permit. Item #7: Other business: The Planning Commission denies a request by Envision Land & Development, Austin Roupe, for a variance to construct a rotating sign to place it within a designated utility easement. This property is located at 1500 37th Ave SW. ALTERNATIVE OPTIONS: 1. The top logo cabinet could be rotated on an angle allowing the public to see only one side of the sign at any time without rotating. FINDING OF FACT FOR DENIAL: 1. The subject property is guided for Commercial on the future land use plan. 2. The applicant is requesting use of a rotating sign as part of a freestanding sign. 3. The sign ordinance allows freestanding sign or adequate size and ability to use digital sign area. 4. Proposed sign must be located outside the 20’ and 30’ easements. 5. Rotating signs may cause additional distraction to drivers on adjacent roadways. 6. The sign ordinance does not allow rotating signs. 7. When alternative exist to meet the goal of the applicant, staff affirms no hardship exists and therefore, there are no hardships with the application to granting a variance. Tony Thelen, with Epcon Sign Group explained the proposed location of the sign on 37th Ave SW and 16th St SW, stating that originally they had proposed two signs, one to be placed on 16th and the other on 37th Ave SW but with existing utility easements, a second sign is not feasible. The other option is to encroach on the 16th St utility easement. Mr. Thelen asked the Commissioners to be allowed to encroach on the utility easement for 16th St. He did ask the utility companies to be able to use the easement but has only gotten response from the gas company Mr. Thelen also commented on the rotating sign stating that the rotating sign will be at a corner of 16th St and 37th Ave SE and a complete rotation will take 2 minutes to allow customers to see from both sides. Commissioner Wegenast stated that utility easements are established for a purpose and encroaching into the easement allows problems for the utility companies. 7|Page PLANNING COMMISSION Regular Meeting October 27, 2014 Page 8 of 14 Commissioner Neether commented that the proper channel of granting a variance is to go back to the Steering Committee for a text amendment. Motion by Berning, second by Holbach to deny the request based on staff finding of facts; and was carried by the following roll call votes: ayes: Zimmerman, Berning, Holbach, Hanson, Mehrer, Neether, Wegenast,. Nays: Howe, Koop, Wetzler, Zablotney. Motion passed Item #8: As part of consent motion, it was recommended: That the City Council pass a motion approving the request by Timber Holdings, Inc., Mike Probst, to subdivide Section 32-155-82, Outlot 35 into 2 lots to be known as Probst Subdivision, Lots 1 & 2. Also, that City Council introduce an ordinance on first reading to change the zone from AG (Agricultural) District to RA (Agricultural Residential) District on proposed Probst Subdivision, Lots 1 & 2. This property is located on the easterly side of the interchange of Highway 2 & 52 (3711 Hwy 52 South). BEFORE CERTIFICATE OF OCCUPANCY IS ISSUED: 1. Sidewalks will be required if roads are built to urban standards. 2. Public Utility Fees will be required. 3. Public land dedication shall be satisfied based on ordinance requirements and recommendation by the Minot Park District prior to release of the final plat. FINDING OF FACT: 1. Proposed subdivision and zone change is in harmony with surrounding properties. 2. The proposed lot meets the size requirement of the proposed RA (Agricultural District Residential) zoning district. 3. Subject property is currently zoned Ag and is requesting rezoning to RA 4. Future development would be in compliance with the RA zoning. Motion by Holbach, second by Koop to approve consent items with staff recommendation(s); and was carried by the following roll call votes: ayes: Zimmerman, Berning, Holbach, Hanson, Howe, Koop, Wetzler, Mehrer, Neether, Wegenast, Zablotney. Nays: none Motion passed. Item # 9 – As part of consent motion, it was recommended: 8|Page PLANNING COMMISSION Regular Meeting October 27, 2014 Page 9 of 14 That the City Council pass a motion approving the request by City of Minot, and other property owners, to subdivide Grove Addition, Block 1; South Park Terrace Addition, Block 1, Lot 14; Outlot 13, SE1/4NW1/4, Section 25-155-83 into 3 lots to be known as Rosehill Cemetery 2nd Addition, Lots 1-3. Also, that City Council introduce an ordinance on first reading to change the zone from R-1 (Single-Family Residence) District, and P (Public) to P (Public) on proposed Rosehill Cemetery 2nd Addition, Lots 2 & 3. Proposed Rosehill Cemetery 2nd Addition, Lot 1 will remain R-3 (Multiple Residence) District. This property is located inside the Rosehill Cemetery 2nd Addition, east of 3rd Street SE. CONDITIONS: 1. Sidewalks will be required if roads are built to urban standards upon any further development. FINDING OF FACT: 1. Subject properties are zoned P (Public), RM (Medium Density Residential District, and R1 (Single Family) and requesting rezoning to P (Public). 2. Zone change will allow continuity in land use contingent to exchange of land. 3. Subject properties lot meets the size requirement of the proposed use. Motion by Holbach, second by Koop to approve consent items with staff recommendation(s); and was carried by the following roll call votes: ayes: Zimmerman, Berning, Holbach, Hanson, Howe, Koop, Wetzler, Mehrer, Neether, Wegenast, Zablotney. Nays: none Motion passed. Item #10: The Planning Commission held the request by GMI, Mark Hildahl, representing Minot Country Club, to subdivide an unplatted portion of the SW1/4NE1/4, Section 6-154-82 into 1 lot to be known as Outlot 14, Section 6-154-82 for the purpose of providing a tee box for the golf course. This property is located on the southeast edge of the Country Club property, south of 37th Avenue SE and east of 13th Street SE. CONDITIONS: 1. Annexation and rezoning will be required prior to final plat approval. 2. Lot should be incorporated into larger lot within 2 years of approval. 9|Page PLANNING COMMISSION Regular Meeting October 27, 2014 Page 10 of 14 Motion by Henson, second by Zablotney to hold agenda item with staff recommendation(s); and was carried by the following roll call votes: ayes: Berning, Holbach, Hanson, Koop, Howe, Wetzler, Mehrer, Neether, Wegenast, Zablotney. Abstain: Zimmerman Motion passed. Item # 11: That the City Council to pass a motion approving the request by BK Properties, LLC, Ken Herslip, to subdivide an unplatted portion of Government Lot 2, Section 5-154-82 into 2 lots to be known as Urijahs 1st Addition, Lots 1-2. Also, that City Council introduce an ordinance on first reading to change the zone from AG (Agricultural) District to R1 (Single Family Residential) District on proposed Urijahs 1st Addition, Lots 1-3. This property is located south of 37th Ave SE and west of County Road 14. BEFORE BUILDING PERMITS ARE ISSUED: 1. An additional 40’ right-of-way needs to be dedicated along 37th Ave. 2. A 50’ right-of-way needs to be dedicated along County Road 14. 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. Park dedication will be required prior to the release of the Final Plat. BEFORE CERTIFICATE OF OCCUPANCY IS ISSUED: 1. Sidewalks will be required if roads are built to urban standards. 2. Public Utility Fees will be required. FINDING OF FACT: 1. The subject property is guided for Very Low Density Residential and proposed use is in harmony with the Comprehensive Plan. 2. The proposed lots meet the lot size requirements of the proposed RA (Agricultural Residential) zoning district. 3. Proposed access through the use of the cul-de-sac meets ordinance requirements. Ed Kirkelie has concerns about drainage and wants assurance that the drainage problem will be corrected. Mr Kirkelie does not have any problem with the development. Motion by Wegenast, second by Howe to approve the request based on Staff recommendations and finding of facts; and was carried by the following roll call votes: ayes: Zimmerman, Berning, Holbach, Hanson, Howe, Koop, Wetzler, Mehrer, Neether, Wegenast, Zablotney. Nays: None 10 | P a g e PLANNING COMMISSION Regular Meeting October 27, 2014 Page 11 of 14 Motion passed. Item # 12: That the City Council pass a resolution to approve the request by Sundre Sand & Gravel, Dennis Nussbaum, for an interim use permit for 2 years to reopen a gravel pit and export material off of Whispering Meadows 4th Addition, Lot 2. Access for this property is located west of 6761 37th Ave SE. It is recommended that the request be subject to the following conditions: 1. Detailed site plan, details on access road improvements, reclamation and storm water plans shall be submitted and approved by staff prior to any exportation. A final screening and berming plan shall be submitted for approval by staff. 2. Responses to IUP standards shall be submitted by the applicant and approved by staff. 3. Only excavation shall occur on site, no processing or crushing activities shall occur on site 4. The outer limit or edge of any extraction operation shall not be closer than one hundred feet (100') to any abutting property line. Soil excavation may occur within one hundred feet (100') of any property line when the proposed grading plan has been approved by the City Engineer. 5. Finished slopes or any edge contiguous to property owned by others shall not be less than a ratio of three feet (3') horizontal to one foot (1') vertical, or as approved by the appropriate regulating authority. 6. All trees, stumps and debris must be disposed of within thirty (30) days in a manner which complies with current regulations and which is consistent with the proposed end use plan. 7. No extraction operations shall be closer than one hundred feet (100') to the right of way line of any existing street, road or highway, except upon approval by the city council. 8. The operator shall be responsible for lowering any well so as to provide potable water for each individual whose well is affected by the proposed operations. 9. All rocks which are not crushed and which are one foot (1') or larger in size shall be removed from the site, buried after termination of operations, or used on site as a landscape feature. 10. The owner or applicant shall prevent water runoff damage, including erosion on adjacent property and the deposit of material by water runoff on adjacent property. A storm water management plan shall be approved by the City Engineer. 11. The operator shall operate and maintain all equipment in such a manner as to minimize air pollution. Any emission which can cause any damage to health, animals or vegetation or other forms of property or which can cause an excessive silting at any point or any emission of any solid or liquid particles in concentrations exceeding air quality regulations shall be prohibited. 12. All excavated materials shall be removed from the premises especially within highways, streets or other public ways as the council shall order and direct. 13. No noise resulting from the excavation use shall exceed the most current noise control regulations. 11 | P a g e PLANNING COMMISSION Regular Meeting October 27, 2014 Page 12 of 14 14. Any vibration resulting in any combination of amplitude and frequencies beyond the "safe" range of the most current standards of the United States bureau of mines for any equipment or structure shall be prohibited. 15. The slope of banks during the excavation of material shall be kept in such a condition so as not to be dangerous because of overhangs, sliding or caving banks. Such dangerous conditions shall be declared to be a nuisance and the city may give notice to the operator or owner to abate the same. 16. Upon closing operations or leaving any particular excavation or area in the site, the applicant shall regrade the area which he has excavated or disturbed in order that no slopes are steeper than three feet (3') horizontal to one foot (1') vertical 17. The hours of operation (limited to only excavation) shall occur only between 8:00 a.m. to 5:00 p.m. daily, provided that no excavation or trucking shall be conducted on Saturdays, Sundays or legal holidays with the exception of Columbus Day and Veterans Day except upon approval by the city council. Certain activities such as loading, maintenance and repair of equipment and hauling may be allowed; provided that these activities do not cause undue noise or disturbances to adjoining property or facilities and that these activities are specified in the operations plans and approved by the city at the time of issuance of the permit. 18. All fill material shall be clean, compactable fill, and shall not contain refuse, construction debris, or any other items (tires, barrels, furniture, etc.) not found in soils. The fill material must be approved by the city engineer and protective inspections division if the fill area will be used for a road or building construction site. 19. Security Requirement: The council shall require the applicant, owner or user of the property on which the proposed operation is located, to post a letter of credit acceptable to the city or cash escrow in such form and sum as the council shall determine, conditioned to pay the city the extraordinary cost and expense of repairing, from time to time, any highways, streets or other public ways where such repair work is made necessary by the special burden resulting from the hauling and removal of material from any operation; the amount of such cost and expense to be determined by the city engineer; and conditioned further to comply with all the requirements of this chapter, and the particular permit, and to pay any expense the city may incur by having to do anything which the applicant fails to do to comply with the terms of the conditional use permit. 20. Interim Use permit shall be valid for two years from date of issuance and begin once the Zone Change is complete. FINDING OF FACT FOR APPROVAL: 1) The subject property is zoned AG which allows mining as an Interim Use. 2) The activities will be limited to extraction of materials based on several conditions. 3) The IUP will be limited two years upon date of approval. 4) The conditions limiting the hours of operation and restriction on processing will allow the excavation activities to meet the standards of the IUP and will not be detrimental to neighboring properties. The use, with limits set by the conditions will allow for the use as allowed in the AG district but in a manner that is harmonious with general and specific standards of the city’s comprehensive plan. 5) The conditions require approval of a site plan meeting the standards of the IUP. The site was formally used as a gravel extraction site so the reuse as the same will be operated 12 | P a g e PLANNING COMMISSION Regular Meeting October 27, 2014 Page 13 of 14 and maintained to be compatible with former use and will not change the essential character of the area. 6) The conditions limit use, hours of operations and other site related protections to allow the use while also limiting disturbance to neighboring properties. 7) The proposed mining use will have limited needs for essential public facilities and will not create additional need nor a burden on essential public facilities and services. 8) Conditions are set to limit use, hours of operation, site plan for truck routes so limit noise, odor, smoke, fumes or other disturbances to neighboring properties. 9) Conditions require approval of a site plan, prior to operation that provides detail on truck routes so that traffic is limited and will not negatively impact surrounding properties. 10) Conditions, limits on operation and expiration will protect surrounding properties form any loss, damage or depreciation in property values. Dennis Nussbaum, representing Sundre Sand & Gravel showed the distance between the proposed site and neighbors with a handout. Mr. Nussbaum also stated that the time frame of the project will be changed from 3 to 2 years and that time period is too short to grow trees and would like number 11 taken off the condition items. He presented the scope of work stating that, there is 80 tons of gravel on 33 acre lot. There is an easement and a dedicated right-of- way when this project starts. Additional upgrades will be done by adding 12” of asphalt to the right-of –way up to 30’ and the other 400’ will be 6” of recycled asphalt up to the property line to control dust. He also mentioned that mining will be done 100’ off property lines and reclamation will be done at the end of mining. Mining will be done only in the winter season. Tom Klein, with Ward CountyWater Resource District, encouraged the Commissioners to consider this item as they have been trying for five years to get water conveyance through this area to manage drainage problems. Kevin Dunn, resident at 2940 72nd St NE, in opposition, has lived at this location for 35 years and has concerns with safety and traffic on 37th Ave SW. Would like to see this zone as RA since neighboring properties are zoned as such. Curt Wilcox, 6601 37th Ave SE, also addresses concerns with traffic, dust, drainage, property value, and interruption with internet service since wife works from home. Kyle & Melissa Burckhard, 2615 62nd St SE, quoted Section 30 of the Minot Zoning Ordinance and also commented on issues that other neighbors have brought before the Commissioners. Kyle Burckhard asked Commissioner Zablotney about conflicts. Which he stated he had no personal or financial interest in the project. Rebecca Hill, 4103 55th St SE, commented that Sundre Sand and Gravel moved in when there were zero houses to the north and Sundre was incorporated in 1971. Shane Hill, Rebecca Hill’s son, 6220 37th Ave SE, is in favor of the agenda item and commented on drainage problems. Henry Leupp, 209 62nd St SE, in opposition, also stated that he does not want a gravel pit in the neighborhood. When he moved in around 1991 there were no headquarters on 37th Ave SE. 13 | P a g e PLANNING COMMISSION Regular Meeting October 27, 2014 Page 14 of 14 Motion by Holbach, second by Koop to approve agenda item for two years excluding condition # 11 with staff recommendation(s); and was carried by the following roll call votes: ayes: Zimmerman, Berning, Holbach, Hanson, Howe, Koop, Wetzler, Mehrer, Neether, Wegenast, Zablotney. Nays: none Motion passed. Item # 13: Other Business Recommendation on a moratorium relating to Opioid Treatment Programs including programs licensed pursuant to Chapter 75-09.1-10 of the North Dakota Administrative Code, within the City and its Extraterritorial Zone. There is an opioid treatment facility that is currently looking to obtain license through the Department of Health. This is the first the City has heard of this type of treatment and there are some concerns that have been expressed. After review, City Staff felt that it is appropriate to adopt a one year moratorium. The one year moratorium will relate to construction, use, expansion, or proposed use of an opioid treatment center in the City and extraterritorial zone. The moratorium will allow the Planning Commissioners, City Staff, Council and the Steering Committee to study where this treatment center would best be located and if the treatment center would be considered as a conditional use or permitted use. If these programs are considered as conditional use, what conditions should be put on them. Assistant City Attorney also stated that this item has been before the regular City Council meeting on first reading and needs the approval of the Commissioners prior to a second reading. Motion by Zablotney, second by Howe to approve agenda item and was carried by the following roll call votes: ayes: Zimmerman, Berning, Holbach, Hanson, Howe, Koop, Wetzler, Mehrer, Neether, Wegenast, Zablotney. Nays: none Meeting adjourned at 7:45 p.m. 14 | P a g e