Planning Commission

PLANNING COMMISSION Regular Meeting February 23, 2015 Page 1 of 12 Regular Meeting: Planning Commission Committee Location: City Hall, Council Chambers, 515 2nd Avenue SW, City of Minot, ND Meeting Called to Order: February 23, 2015 at 6:00 p.m. Presiding Official: Vice-chair Pam Karpenko Secretary: Sybil Tetteh Members in Attendance: Wally Berning, Ryan Conklin, Larry Holbach, Jon Hanson, Vice-chair Pam Karpenko, Todd Koop, Tyler Neether, Tod Wegenast, Travis Zablotney Members Absent: Chairman John Zimmerman, Kevin Mehrer, Brenden Howe, Bob Wetzler City Staff Present: Donna Bye, City Planner; Steve Borjeson, Planning Technician; Kelly Hendershot, Asst. City Attorney; Lance Meyer, City Engineer; Bob Lindee, Public Information Officer; Mitch Flanagan, Building Official; Dan Jonasson, Public Works Director; Jason Sorenson, Asst. Public Works Director; Ed Hausauer, Fire Marshal; Lee Staab, City Manager; Jason Olson, Police Chief Others Present: Aldermen Hatlelid, Jantzer, Connole, Shomento, Greg Arnold, Ed Taney, Eddie Buell, Bryan Hoffer, Sean Weeks, Mike Christianson, Terrance Stephenson, and many others Meeting Called to order by Vice-chair Pam Karpenko Approval of 1/26/2015 Regular Meeting Minutes Motion by Koop second by Neether to approve the 1/26/2015 Regular Meeting Minutes, and was carried by the following roll call votes: ayes: Berning, Conklin, Holbach, Hanson, Karpenko, Koop, Neether, Wegenast. Nays: none. Motion passed RECOMMENDATIONS Approval of Agenda Items (# 1, 2, 3, 6, 9, & 12) included in the Consent Agenda. Motion by Koop, second by Wegenast to approve consent items with staff finding of fact(s) and condition(s); and was carried by the following roll call votes: Berning, Conklin, Holbach, Hanson, Karpenko, Koop, Neether, Wegenast. Nays: none. Motion passed. 1|Page PLANNING COMMISSION Regular Meeting February 23, 2015 Page 2 of 12 Item # 1: As part of consent motion, it was approved: That the City Council pass a resolution approving a request by Scott Mitzel for a conditional use permit to allow an enclosed trailer dealership and to display inventory on an empty lot with the office in a building across the street on Brooklyn Addition, Block 37, Lots 18-20 less N7’ Lot 20’ for Hwy right-of-way. This property is located at 431 Burdick Expy W. CONDITIONS: BEFORE BUILDING PERMITS ARE ISSUED: 1. Landscape screening should be provided along Burdick Expressway to improve aesthetics as required in the Landscape Ordinance. 2. Because there is no off-street parking on Burdick and limited parking on the side street, enough area should be left for a vehicle to enter and exit the property safely, maintaining a minimum of 20 feet for emergency access. 3. The CUP shall be reviewed and renewed upon any change of ownership of the subject property. FINDING OF FACT FOR APPROVAL: 1. The subject property is guided C-2, General Commercial District 2. The use as display is a conditional use in the C-2 zoning district. 3. The use will not be detrimental or endanger the health and welfare of the public. 4. The proposed storage is compatible in appearance and will not change the essential character of the area commercial guided area. 5. The site will be adequately served by essential public facilities. 6. The use as display is not expected to create excessive need for additional public facilities or services. 7. The display is not expected to be detrimental to adjacent commercial and residential zoned properties. 8. Access to the site is ample and the addition of the display is not expected to create traffic congestion. 9. The proposed display is not expected to cause damage to natural, scenic feature not depreciate surrounding property values. Motion by Koop, second by Wegenast to approve consent items with staff finding of fact(s) and condition(s); and was carried by the following roll call votes: Berning, Conklin, Holbach, Hanson, Karpenko, Koop, Neether, Wegenast. Nays: none. Motion passed. Item # 2: As part of consent motion, it was approved: The Planning Commission approved the request by Mark Sweeney representing Dakota Square Mall CMBS, Inc., for a variance to the parking space width from the required 10’ to 9’ for the entire Dakota Square Mall on Dakota Square 2nd Addition, Lots 1-11 & Dakota Square 3rd Addition, Lot 1. 2|Page PLANNING COMMISSION Regular Meeting February 23, 2015 Page 3 of 12 This property is located at 2400 10th Street SW. CONDITIONS: 1) Section 23-6 (l) states that Parking lot design, including specifically but without limitation, the location of access drives within a public right of way, must be approved by the Traffic Engineer. Applicant must summit any further parking lot striping plans to the City prior to that. FINDING OF FACT FOR APPROVAL: 1) The subject property is zoned C-4, Planned Commercial. 2) The mall was platted prior ordinance requirements that mandated a certain stall width. 3) The variance will provide consistency of stall width across the entire mall site. 4) The total amount of required parking spaces is exceeded. 5) The variance allows for continued reasonable use of the mall property. 6) The variance is based on practical difficulties as related to existing conditions. Motion by Koop, second by Wegenast to approve consent items with staff finding of fact(s) and condition(s); and was carried by the following roll call votes: Berning, Conklin, Holbach, Hanson, Karpenko, Koop, Neether, Wegenast. Nays: none. Motion passed. Item #3: As part of consent motion, it was approved: That the City Council pass a motion approving the request by Bruce Walker representing Mary Borkhuis and Matt Lundeen, to subdivide Expressway Addition, Block 1, Lots 1, 3 & 4 into 3 lots to be known as Expressway 2nd Addition, Lots 1-3. Also, that City Council introduce an ordinance on first reading to change the zone from C2 (General Commercial) and M1 (Light Industrial) Districts to C2 (General Commercial) District on proposed Expressway 2nd Addition, Lot 2 and to M1 (Light Industrial) District on proposed Expressway 2nd Addition, Lots 1 & 3. This property is located on the southwest corner of Burdick Expy E and 36th St SE. CONDITIONS: 1. Landscaping and screening would be required between adjacent property Per City Zoning Ordinance and approval by City Planner. 2. Storm Water Management Plans will be required and approved by the City Engineer for further development. 3. Existing drive way might be brought up to City specifications. 4. Future Land Use Map amendment is required for Lot 1. 5. Connection fees will be required. 3|Page PLANNING COMMISSION Regular Meeting February 23, 2015 Page 4 of 12 Motion by Koop, second by Wegenast to approve consent items with staff finding of fact(s) and condition(s); and was carried by the following roll call votes: Berning, Conklin, Holbach, Hanson, Karpenko, Koop, Neether, Wegenast. Nays: none. Motion passed Item #4: The Planning Commission denied a request by Taney Engineering representing Westcorp Management Group, for a variance to the front yard setbacks along 32nd Ave NW and 16th St NW from the required 25’ to approximately 10’ on Fillmore North, Block 1, Lot 1 to retain 9 detached garage structures. Also the Planning Commission denied five dumpster enclosures to be located in the front yard setback on Fillmore North, Block 1, Lot 1. This property is located on the southeast corner of 32nd Ave NW and 16th St NW. FINDING OF FACT FOR DENIAL: 1. The subject property is zoned R-3, Multiple Family Residential. 2. The property is guided Medium Density Residential. 3. The garage buildings were constructed in a manner that does not meet required setbacks for front and side yards abutting a street. 4. The garage buildings will pose visual and aesthetic concerns in their current location. 5. The circumstances are created by applicant and do not constitute a hardship. Greg Arnold with Westcorp Management Group stated that the plans had been previously approved by City Planning and City Engineering. The previous engineers, KLJ, had placed the garages in the current location within the easements. He stated that the reviewers missed this error and will look to Planning Commission with the next steps as garages have already been built. Ed Taney representing Taney Engineering stated that, there are a total of 6 garages on the north side with 10’ setback from the right-of-way but City code stipulate a 25’ setback away from the right-of-way. The same problem persists on the west side on 16th St. Mr. Taney did not think there is sight visibility problem with the current garage location from engineer perspectives. City Planner indicated that a side walk is required on all public right-of-way and is required for this item as well. Motion by Zablotney, second by Berning to deny item with staff finding of fact(s) and was carried by the following roll call votes: Berning, Conklin, Holbach, Hanson, Karpenko, Koop, Neether, Wegenast, Zablotney. Nays: none. Motion passed. 4|Page PLANNING COMMISSION Regular Meeting February 23, 2015 Page 5 of 12 Item # 5: That the City Council pass a resolution approving a request by Brandon St. Michael representing Verizon Wireless, for a conditional use permit to place a 150’ communications tower and a 12’X30’ shelter on Minot Prairie Industrial Park Addition, Block 1, Lot 1. This property is located on the southwest corner of 4th Ave SE and 74th St SE. BEFORE BUILDING PERMITS ARE ISSUED: 1. The proposed equipment shelter shall be of the same appearance and materials as the existing building and approved by the Planning Department. 2. The proposed 80’ antenna will need to meet section 31-6 of the Zoning Ordinance and approved by the Planning Department. 3. Erosion Control practices will need to meet the state of North Dakota requirements and approved by the City Engineer prior to issuance of any building permits. 4. Applicant shall secure FAA approval prior to issuance of permits. 5. The applicant shall provide future cooperative co-location opportunities to improve service or to lease to other providers. 6. All access roadways must be paved. 7. All standard set forth under CUP might be addressed by the applicant. AS PART OF PLANNING COMMISSION CONDITIONS: 1. A maintenance free opaque fencing will be required around the base of the tower. FINDING OF FACT FOR APPROVAL: 1. The subject property is zoned M1, Light Industrial. 2. The proposed use would have additional space available for co-locating. 3. The proposed tower will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of that area. 4. Will not be hazardous or disturbing to existing or future neighboring uses. 5. The site will be adequately served by essential public facilities 6. The proposed tower and shelter will not create excessive additional requirements for public facilities and services at public cost. 7. Access to the site is ample and the addition of the storage is not expected to create traffic congestion. 8. The proposed installation of the storage is not expected to cause damage to natural, scenic feature and well not depreciate surrounding property values. Eddie Buell, with Buell Consulting representing Verizon Wireless, discussed the project. Commissioner Zablotney highlighted that there should be screening added to the conditions. Motion by Zablotney, second by Koop to approve item with staff finding of fact(s) and condition(s); and was carried by the following roll call votes: Berning, Conklin, Holbach, Hanson, Karpenko, Koop, Neether, Wegenast, Zablotney. Nays: none. 5|Page PLANNING COMMISSION Regular Meeting February 23, 2015 Page 6 of 12 Motion Passed. Item #6: As part of consent motion, it was approved: That the City Council pass a motion approving the request by Carrie Welnel representing Minot Area Land Trust, to subdivide North Minot Addition, N150’ Lot 3, Block 5 into 2 lots to be known as North Minot 6th Addition, Lots 1 & 2. Also, that City Council introduce an ordinance on first reading to change the zone from R2B (Two-Family Residence) District to R2 (Two-Family Residential) District on proposed North Minot 6th Addition, Lots 1 & 2. This property is located at 434 4th St NW. CONDITIONS: 1. The yard must be landscaped before the property is sold. FINDING OF FACT FOR APPROVAL: 1. The subject property is zoned R-2B, Two-Family Residential. 2. The proposed rezoning to R-2, Two-Family Residential is consistent with the updated zoning ordinance. 3. The proposed twin home lots meet lot requirements of the R-2 zoning district. 4. The property is guided Medium Density on the Future Land Use Plan. 5. The proposed setback variance is a result of contractor error not a result of actions by the applicant. The proposed variance is minimal and the slight setback reduction is similar to existing properties. 6. The variance approval will provide similar rights to this existing structure as enjoyed by others in similar situations. Motion by Koop, second by Wegenast to approve consent items with staff finding of fact(s) and condition(s); and was carried by the following roll call votes: Berning, Conklin, Holbach, Hanson, Karpenko, Koop, Neether, Wegenast. Nays: none. Motion Passed Item #7: That the City Council pass a motion approving the request by Bryan Hoffer, Moure Equipment, to subdivide the SE1/4SE1/4 and an unplatted portion of the SW1/4SE1/4, Section 11-154-83 into one lot to be known as Section 11-154-83, Outlot 2. Also, that City Council introduce an ordinance on first reading to change the zone from AG (Agricultural) District to C2 (General Commercial) District on proposed Section 11- 154-83, Outlot 2. 6|Page PLANNING COMMISSION Regular Meeting February 23, 2015 Page 7 of 12 Also, that City Council pass a resolution approving a request for a conditional use permit to allow outdoor display and storage for farming equipment on proposed Section 11-154- 83, Outlot 2. This property is located along Hwy 83 South and north of 66th Ave SW. CONDITIONS: BEFORE BUILDING PERMITS ARE ISSUED: 1. Traffic study must be approved. 2. Storm Water Management Plans will be required and approved by the City Engineer, NDDOT, and Ward County Water Resource Board. 3. Erosion Control practices will need to meet State of North Dakota requirements and approved by the City Engineer. 4. Developer’s Agreement will be in place prior to the plat being recorded. 5. Landscaping and buffering plans will be required and approved by the Planning Department. 6. Screening along public road and adjacent properties will be required and approved by the Planning Department. 7. Trash enclosure will be required and approved by the Planning Department. BEFORE CERTIFICATE OF OCCUPANCY IS ISSUED: 1. Public Utility Fees will be required from North Prairie Rural Water District. 2. Connection fees for sanitary sewer are required if connected. FINDING OF FACT FOR APPROVAL: 1. The proposed subdivision does meet the lot size requirements. 2. The subject property is guided as Commercial. 3. The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. 4. The site will be adequately served by essential public facilities. 5. The use proposed is not expected to create excessive need for additional public facilities or services. 6. Access to the site is ample and the addition of the storage is not expected to create traffic congestion. 7. The proposed use is not expected to cause damage to natural, scenic feature and will not depreciate surrounding property values. Bryan Hoffer, representing Gooseneck Implement, discussed the project and stated that the land was bought to develop a new dealership. The request for subdivision is to divide up the parcel due to size and rezone. Commissioner Holbach asked about an existing gentlemen’s agreement to have a frontage road on 66th Ave SW. Sean Weeks, with Ackerman Estvold, stated that 66th Ave SW may be part of the SW Bypass system and there may be additional right-of way in the future. Commissioner Zablotney questioned the C2 zoning of this item and if it’s appropriate for it use. 7|Page PLANNING COMMISSION Regular Meeting February 23, 2015 Page 8 of 12 City Planner stated that the zoning and use of this item will be brought before the Steering Committee for discussion as the ordinance is in review to further define sales lot. Motion by Wegenast, second by Neether to approve consent item with staff finding of fact(s) and condition(s); and was carried by the following roll call votes: Berning, Conklin, Holbach, Hanson, Karpenko, Koop, Neether, Wegenast. Nays: Zablotney Motion passed Item #8: That the City Council pass a resolution approving a request by Brandon St. Michael representing Verizon Wireless and Cornerstone Presbyterian Church, for a conditional use permit to mount Verizon antennas to the bell tower on the church and to add an addition to an accessory building for radio equipment on Section 13-155-83, Outlot 9. This property is located at 1000 3rd St NE. CONDITIONS: 1. The proposed equipment shelter shall be constructed of the same building design and materials as the existing garage. 2. The antenna’s shall match or be of similar color as to the bell tower. FINDING OF FACT FOR APPROVAL: 1. The subject property is zoned R1 Single Family. 2. Proposed use would be in compliance with Section 31-3 of the zoning ordinance. 3. The proposed tower will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of that area. 4. Will not be hazardous or disturbing to existing or future neighboring uses. 5. Mechanical equipment will not be in view of a public street. 6. The site will be adequately served by essential public facilities. 7. The proposed tower and shelter will not create excessive additional requirements for public facilities and services at public cost. 8. Access to the site is ample and the addition of the storage is not expected to create traffic congestion. 9. The proposed installation of the storage is not expected to cause damage to natural, scenic feature and will not depreciate surrounding property values. Eddy Buell, consultant for Buell and representing Verizon Wireless, discussed the project and stated that there will not be any new structure except the addition that will be added to the existing garage of the church. Motion by Neether, second by Koop to approve consent item with staff finding of fact(s) and condition(s); and was carried by the following roll call votes: Berning, Conklin, Hanson, Karpenko, Koop, Neether, Wegenast, Zablotney. Nays: Holbach 8|Page PLANNING COMMISSION Regular Meeting February 23, 2015 Page 9 of 12 Motion passed Item #9: As part of consent motion, it was recommended: That the City Council introduce an ordinance on first reading to approve the request by Brett Gurholt, KLJ, representing Minot Park District, to change the zone from AG (Agricultural) District and R1 (Single Family Residential) District to P (Public) District on Section 21-155-83, Outlot 20. The Planning Commission approved a Public Zone Plan Review on Section 21-155-83, Outlot 20. This property is accessed off the Hwy 83 Bypass, just south of the river. CONDITIONS: 1. A trash receptacle shall be added to the new parking lot area. FINDING OF FACT FOR APPROVAL: 1. The subject property is guided on the future Land Use as Public. 2. The proposed use would be in compliance with Comprehensive Plan on community facilities goals and policy. Motion by Koop, second by Wegenast to approve consent items with staff finding of fact(s) and condition(s); and was carried by the following roll call votes: Berning, Conklin, Holbach, Hanson, Karpenko, Koop, Neether, Wegenast. Nays: none. Motion passed. Item # 10: That the City Council pass a resolution approving a request by Brandon St. Michael representing Verizon Wireless and Paul Behm, for a conditional use permit to place an 80’ cellular communications tower with a 12’X30’ shelter on Trestle View 2nd Addition, Lot 5. This property is located east of 54th St SW, just northeast of Dreamland Homes. CONDITIONS: BEFORE BUILDING PERMITS ARE ISSUED: 1. The proposed equipment shelter shall be of the same appearance and materials as the existing building and approved by the Planning Department. 2. The proposed 80’ antenna will need to meet section 31-6 of the Zoning Ordinance and approved by the planning Department. 9|Page PLANNING COMMISSION Regular Meeting February 23, 2015 Page 10 of 12 3. Erosion Control practices will need to meet the state of North Dakota requirements and approved by the City Engineer prior to issuance of any building permits. 4. Applicant shall secure FAA approval prior to issuance of permits. 5. The applicant shall provide future cooperative co-location opportunities to improve service or to lease to other providers. 6. All access driveway must be paved. 7. All standard set forth under CUP might be addressed by the applicant. AS PART OF PLANNING COMMISSION CONDITIONS: 1. A maintenance free opaque fencing will be required around the base of the tower. FINDING OF FACT FOR APPROVAL: 1. The subject property is zoned M1, Light Industrial. 2. The proposed use would have additional space available for co-locating. 3. The proposed tower will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of that area. 4. Will not be hazardous or disturbing to existing or future neighboring uses. 5. The site will be adequately served by essential public facilities. 6. The proposed tower and shelter will not create excessive additional requirements for public facilities and services at public cost. 7. Access to the site is ample and the addition of the storage is not expected to create traffic congestion. 8. The proposed installation of the storage is not expected to cause damage to natural, scenic feature not depreciate surrounding property values. Eddie Buell, consultant for Buell and representing Verizon Wireless, discussed the project. Motion by Wegenast, second by Holbach to approve item with staff finding of facts and condition(s); and was carried by the following roll call votes: Berning, Conklin, Holbach, Hanson, Karpenko, Koop, Neether, Wegenast. Nays: none. Motion passed. Item #11: The Planning Commission recommends that the City Council deny the request by Mike Christianson to change the zone from R1 (Single Family Residential) District to RM (Medium Density Residential) District for the purpose of converting a single family home into a 3-plex on West Minot Addition, S125’ less N125’, Lot 2, Block 12. Also, Planning Commission denied a request for a variance to the west side yard setback from the required 10’ to approximately 7’ on West Minot Addition, S125’ less N125’, Lot 2, Block 12. 10 | P a g e PLANNING COMMISSION Regular Meeting February 23, 2015 Page 11 of 12 Also, the Planning Commission denied a request for a variance to parking spaces from the required 7 spaces to 5 spaces on West Minot Addition, S125’ less N125’, Lot 2, Block 12. This property is located at 1000 5th Ave NW. CONDITIONS: 1. The structure shall be converted to a conforming single family dwelling. FINDING OF FACT FOR APPROVAL: 1. The subject property is zoned R-1, Single Family Residential. 2. The property is guided Low Density on the Future Land Use Plan. 3. All surrounding properties are zoned R-1 and guided Low Density. 4. The subject property can meet R-1 setbacks for a single family home without the need for a variance. 5. The site does not accommodate required area for parking for a multi-unit structure. 6. The proposed variance request does not have the necessary hardship in which to support the variance request. 7. The existing structure has reasonable use as single family dwelling. Mike Christianson discussed the history of the property and stated that the house was purchased in 1999 and was a 3-plex at that time. There are 3 bedrooms on the main floor, and efficiency and a one bedroom on the lower level. In discussion with previous owner and the assessor’s office, there is a record showing that the home was a 3-plex apartment building but the plumbing in the home is cast iron and lay out to support the 3-plex apartment. Terrance Stephenson 1005 5th Ave NW, in opposition expressed his concern with parking and stated that he purchase his home because of the quietness and hoping the flooded 3-plex will be converted into single family use. City Planner stated that the City Council originally granted grandfathering to non-conforming uses in 2001. Following the flood, the City Council extended the grandfathering for those properties that were approved up until December 31, 2031. This property did not receive the original grandfathering approval in 2001 so it was not eligible for the extension. The City Council also gave staff the ability to administratively approve variances up to 2 years following the flood for properties that were not in compliance. Because it is past the two year window following the flood, this property was also not eligible for that process. The Planning Division became aware of this situation through a complaint from a few neighbors last summer. The applicant has applied because the property is not eligible to be returned to a 3-plex without a zone change and variance to the location and number of parking spaces. The current city codes allows up to 4 unrelated people per unit. Having a 3-plex with this amount of tenants could lead to future complaints about noise and parking. Motion by Wegenast, second by Neether to deny item with staff finding of fact(s) and condition(s); and was carried by the following roll call votes: Berning, Holbach, Karpenko, Neether, Wegenast. Nays: Conklin, Hanson, Koop, Zablotney. 11 | P a g e PLANNING COMMISSION Regular Meeting February 23, 2015 Page 12 of 12 Motion passed. Item # 12: Other Business Correction to legal description on the subdivision known as Southeast Ridge Business Park 2nd Addition; Block 1, Lots 1-3; Block 2, Lots 1-5 and Ordinance No. 4932 & 4933 and Resolution No. 3371 which had its first reading on February 2, 2015, should have read as follows: That the City Council pass a motion approving the request by Danny Schatz to subdivide Feist Subdivision of a portion of Gold Nugget Addition, Block 2, less E197.45’ and Section 29-155-82, Outlot 19 less Sublots A, B, & C and Southeast Ridge Business Park Addition, Block 1, Lots 12, 13, 14, 16, & 17 into 6 lots to be known as Southeast Ridge Business Park 2nd Addition; Block 1, Lots 1-3; Block 2, Lots 1-3. Also, that City Council introduce an ordinance on first reading to change the zone from MH (Manufactured Home) District & M1 (Light Industrial) District to M1 (Light Industrial) District on proposed Southeast Ridge Business Park 2nd Addition; Block 1, Lots 2-3; Block 2, Lots 1-3 and to C2 (General Commercial) District on proposed Southeast Ridge Business Park 2nd Addition, Block 1, Lot 1. Also, that City Council pass a resolution to amend the Future Land Use map to change the designation on proposed Southeast Ridge Business Park 2nd Addition; Block 1, Lots 2-3; Block 2, Lots 1-3 from Medium Density Residential District to Industrial District and to Commercial on proposed Southeast Business Ridge Park 2nd Addition; Block 1, Lot 1. Motion by Koop, second by Wegenast to approve consent items with staff finding of fact(s) and condition(s); and was carried by the following roll call votes: Berning, Conklin, Holbach, Hanson, Karpenko, Koop, Neether, Wegenast. Nays: none. Motion passed. Meeting adjourned at 7:30 p.m. 12 | P a g e