Planning Commission

PLANNING COMMISSION Regular Meeting October 26, 2015 Page 1 of 8 Regular Meeting: Planning Commission Committee Location: City Hall, Council Chambers, 515 2nd Avenue SW, City of Minot, ND Meeting Called to Order: October 26, 2015 at 6:00 p.m. Presiding Official: Vice-chair Pam Karpenko Secretary: Sybil Tetteh Members in Attendance: Vice-chair Pam Karpenko, Jon Hanson, Larry Holbach, Brenden Howe, Todd Wegenast, Kevin Mehrer, Travis Zablotney Members Absent: Chairman John Zimmerman, Wallace Berning, Ryan Conklin, Todd Koop, Tyler Neether, Bob Wetzler City Staff Present: Donna Bye, City Planner; Sybil Tetteh, Asst. City Planner; Kelly Hendershot, City Attorney; Lance Meyer, City Engineer; Jacqueline Aucker, Assistant City Engineer; Mitch Flanagan, Building Official; Jason Sorenson, Asst. Public Works Director; Dan Jonasson, Public Works Director; Brian Andersen, Fire Marshal; Bob Lindee, Public Information Officer Others Present: Aldermen Hatlelid, Schuler, Olson, Shomento, Frey, Jesse Braun, Patrick Wolf, Isaiah Keller, Paula Mikkelson, Mike Hayes, and others. Meeting Called to order by Vice-chair Pam Karpenko Approval of 9/28/2015 Regular Meeting Minutes Motion by Wegenast, second by Holbach, to approve the 9/28/2015 Regular Meeting Minutes, and was carried by the following roll call votes: ayes: Karpenko, Hanson, Holbach, Howe, Wegenast, Mehrer, Zablotney Nays: none. Motion passed RECOMMENDATIONS Approval of Agenda Item (2, 4, 7, & 8) included in the Consent Agenda. Motion by Hanson, second by Howe, to approve consent items with staff finding of fact(s) and condition(s); and was carried by the following roll call votes: Karpenko, Hanson, Holbach, Howe, Wegenast, Mehrer, Zablotney Nays: none. Motion passed. 1|Page PLANNING COMMISSION Regular Meeting October 26, 2015 Page 2 of 8 Item # 1: The Planning Commission denied a request by Jesse Braun for a variance to the front yard setback from the required 40’ on a minor arterial to approximately 25’ on 16th St NW for the purpose of building a shop on Blaisdell Bird Addition, Block 11, Lot 2. This property is located at 405 16th St NW. CONDITIONS: (if Approved) 1. Relinquishing the right-of-way access and the removal of the existing driveway along 16th St NW. A right-of-way permit from the city and restoration of the boulevard would be required. 2. Section 10-7 c) 3) - Any exposed metal or fiberglass finish shall be limited to thirty-five percent (35%) of the surface of any building wall. Any metal finish utilized in the building shall be a minimum of twenty-six (26) gauge steel. All sides of the principal and accessory structures are to have essentially the same or coordinated, harmonious exterior finish materials and treatment. 3. Sidewalks will need to be repaired if damaged. 4. Public Utility Fees will be required. FINDING OF FACT: 1. Subject property is zoned C1, Neighborhood Commercial. 2. The request for a variance meets the general intent of Section 30-2 but the use is not in harmony with the Future Land Use Plan. 3. When alternatives exist to meet the goal of the application, staff affirms no hardship exists and therefore, there are no hardships with the application to granting a variance. 4. Granting of the variance can’t be done without substantial detriment to the public good and without impairing the general purpose and intent of the comprehensive plan. Jesse Braun, owner of Jesse Braun Electric LLC, stated that he purchased subject property last year to showcase, repair, hold trucks, and inventory on site. The proposed building will host offices, area to showcase light figures, and a reception area. Property on 4th Ave NW will serve as primary location and its zoned C2. He stated that proposed use falls under Section 10-3 (d) (f) and (k) and granting of a variance should be considered under Section 30-2 (e) (3) (a) and (c). A 40’ setback on 16th St NW will cause exceptional practical difficulty to building on site and claims property right enjoyed by others for granting variance. Commissioner Zablotney asked the applicant how many employees he had, his understanding of a C1 and C2 zoning, and where customer parking would be. He stated he has 5-6 employees. Majority of the business and outdoor storage will be at other location. There will be parking for customers on the alley and employees will be parking at the other locations. Commissioner Mehrer expressed concern about proposed height of the building and Mr. Braun stated there will be 14’ opening for truck delivery, light display and storing vans. Lianne Zeltinger, 422 17th St NW, in favor of the request, stated that Mr. Braun is a good neighbor who has helped with flood clean up. 2|Page PLANNING COMMISSION Regular Meeting October 26, 2015 Page 3 of 8 Motion by Zablotney, second by Holbach, to deny item with staff finding of fact(s), and was carried by the following roll call votes:, Hanson, Holbach, Howe, Wegenast, Zablotney Nays: Karpenko, Mehrer, Motion passed. Item # 2: As part of consent motion, it was recommended: The Planning Commission approved a request by Dakota Square Mall CMBS, LLC, represented by Corbett Drew for a C4 Plan Review and Approval to erect a new pylon sign on Dakota Square 2nd Addition, Lot 3. This property is located at 1024 24th Ave SW. FINDING OF FACT: 1. Subject property is zoned C4 (PUD) Planned Commercial District. 2. The proposed signage meets design requirements and will be compatible with other signs on the property and within the area. 3. The location of the proposed sign will not create any pedestrian or traffic hazards. 4. The proposed sign meets all setbacks and height limits. 5. The applicant shall apply for the necessary signage permits. Motion by Hanson, second by Howe, to approve consent items with staff finding of fact(s) and condition(s); and was carried by the following roll call votes: Karpenko, Hanson, Holbach, Howe, Wegenast, Mehrer, Zablotney Nays: none. Motion passed Item # 3: The Planning Commission denied a request by Patrick Wolf for a variance to Section 5-9 to allow a 30’ x 48’ garage exceeding the allowable square footage in an R1 (Single Family Residential) District on Green Acres Addition, Lot 23 Also, the Planning Commission denied a variance to the rear yard setback from the required 40’ on a collector to approximately 30’ along 31st Ave SW on Green Acres Addition, Lot 23. This property is located at 1901 Meadowlark Dr. FINDING OF FACT: 1. Subject property is zoned R1, Single-Family Residential. 2. No hardship exists to support the variance request. 3. When alternatives exist to meet the goal of the application, staff affirms no hardship exists and therefore, there are no hardships with the application to granting a variance. 3|Page PLANNING COMMISSION Regular Meeting October 26, 2015 Page 4 of 8 4. Granting of the variance cannot be done without substantial detriment to the public good and without impairing the general purpose and intent of the comprehensive plan. Patrick Wolf, the applicant stated that he was told he can build no bigger than size of his house. Later when he came in for the permit he was denied. He is building the garage to store his snow removal equipment. He also asked clarification why access can’t be granted on 31st Ave SW. City Engineer stated that the developer to the south of the subject property was required to dedicate 80’ of property as a right-of-way. Access can’t be granted on 31st Ave SW because the Future Transportation Plan classifies this road as minor arterial and all access is restricted except for major intersections. This is done to avoid a lot of entry points. *Note – an error in calculation of allowable square footage was written in staff report. Calculation is as follows: Lot size = 26,250 SF x .05 = 1,312 of detached garage(s) allowed Existing garage 24x26 = 624SF Proposed garage 30x48 = 1,440SF 624+1,440 = 2,064SF exceeding allowable SF by 752SF Motion by Wegenast, second by Mehrer, to deny item with and was carried by the following roll call votes: Karpenko, Hanson, Holbach, Howe, Wegenast, Mehrer, Zablotney Nays: none. Motion passed Item #4: As part of consent motion, it was recommended: That the City Council pass a motion to approve a request by Jeffrey & Marisol Heidrich represented by Steven Perlman to subdivide Heidrich Homes 4th Addition, Block 1, Lot 2 into 3 lots to be known as Heidrich Homes 5th Addition, Lots 1-3. 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 Heidrich Homes 5th Addition, Lot 3 and RM (Medium Density Residential) on proposed Lot 2. Proposed Heidrich Homes 5th Addition, Lot 1 will remain AG. This property is located between 30th Ave NE and 36th Ave NE and west of 27th Street NE. CONDITIONS (if approved): 1. FEMA letter of Map Revision must be completed before property can be developed. 2. Storm Water Management Plans will be required and approved by the City Engineer. 3. Landscape buffer will be required meeting Chapter 24 of the Zoning Ordinance and approval by staff. 4|Page PLANNING COMMISSION Regular Meeting October 26, 2015 Page 5 of 8 4. Erosion Control practices will need to meet State of North Dakota requirements and approved by the City Engineer. 5. Site plan and building architecture plans will be required to be reviewed and approved by the Planning Department prior to any construction. 6. Developer's Agreement must be approved by Council before any development can begin. 7. Adjacent roadway must be improved to urban road standards. 8. Flood plain must be mapped and elevations determined before plat is recorded. 9. Sidewalks will be required when roads are built to urban road standards. 10. Public Utility Fees will be required. 11. Public Land Dedication will be required at the time of development. Comment from NPRWD 12. Applicant needs to contact NPRWD about water service and there are things regarding infrastructure wise that will need to be done before water service would be available. Finding of Facts: 1. Proposed subdivision meets lot size requirements. 2. The proposed rezoning of Lot 3 to C2 provides opportunity for a new commercial corridor. 3. Future approvals by staff will be required for buffering/screening, parking and building design to help mitigate impact to existing residential on the west side of the site. 4. Future land use map shall be updated to correspond to the approval rezoning. Motion by Hanson, second by Howe, to approve consent items with staff finding of fact(s) and condition(s); and was carried by the following roll call votes: Karpenko, Hanson, Holbach, Howe, Wegenast, Mehrer, Zablotney Nays: none. Motion passed Item # 5: Withdrawn by applicant. Application by Community Medical Service, represented by Andy Lewis for a Conditional Use Permit to allow an Opioid Treatment Clinic in C2 (General Commercial) District on Home Acres Addition, N7 W112.6, Lot 6 & S1/2 Lot 7, Block 6. This property is located at 1829 S. Broadway. Item # 6: The Planning Commission held a request by Isaiah Keller to change the zone from C2 (General Commercial) District to R1 (Single-Family Residential) District to bring home into compliance with residential zoning on Keyes S/D Lots A, B & N1/2 Lot C Keyes Amended Plat Lot 5, Block 1. This property is located at 900 42nd St SE. 5|Page PLANNING COMMISSION Regular Meeting October 26, 2015 Page 6 of 8 CONDITION: 1. The Future Land Use Map Will need to be updated. FINDING OF FACT: 1. Subject property is zoned C2, General Commercial. 2. The request to rezone would bring property into compliance with the R1, Single-Family District, but not in harmony with Future Land Use Plan. 3. Section 30-5, Intent of land use and the required information for Planning Commission consideration of the zoning ordinance have been met. Isaiah Keller, the applicant, stated that he purchased his house five and a half year ago, to his knowledge the property was zoned M1 Light industrial and was able to finance the house. He had spent over $30,000 to renovate the house since he purchased it. He has been informed that he can’t refinance his house until zoning has been resolved. Commissioner Zablotney asked why the bank will not be able to finance the house. Mr. Keller stated that he has no idea why he can’t get it refinanced. Motion by Zablotney, second by Holbach, to hold item for other financing options and was carried by the following roll call votes: Karpenko, Hanson, Holbach, Howe, Zablotney Nays: Wegenast, Mehrer. Motion passed. Item # 7: As part of consent motion, it was recommended: That the City Council pass a resolution to approve a request by Paula Mikkelson for a Conditional Use Permit to allow more than fourteen (14) persons but no more than eighteen (18) at a day care facility on Morleys R/A Block 3, 1st Addition Southdale, Lot 38. This property is located at 811 18th Ave SW. FINDING OF FACT: 1. Subject property is zoned R1, Single-Family Residential. 2. Section 5-5 c), the request is allowed with a conditional use permit. 3. Section 30-3 a) and d) Intent of land use and the required information for Planning Commission consideration of the zoning ordinance have been met. Motion by Hanson, second by Howe, to approve consent items with staff finding of fact(s) and condition(s); and was carried by the following roll call votes: Karpenko, Hanson, Holbach, Howe, Wegenast, Mehrer, Zablotney Nays: none. Motion passed. 6|Page PLANNING COMMISSION Regular Meeting October 26, 2015 Page 7 of 8 Item # 8: As part of consent motion, it was recommended: That the City Council pass a resolution to approve a request by Perfx Wireline Services, represented by Charlie Thomas for a Conditional Use Permit to allow storage of oil and gas related explosive materials on Northern Plains Energy Park Addition, Block 1, Lots 8-10. This property is located at 103 40th Ave NE. CONDITIONS: 1. Customer parking area must be paved and striped with ADA parking. 2. Site must be brought into compliance with landscaping. FINDING OF FACT FOR APPROVAL: 1. Subject property is zoned M1, Light Industrial. 2. Section 11- 4 e), the use is allowed with a conditional use permit. 3. Section 30-3 a) and d) Intent of land use and the required information for Planning Commission consideration of the zoning ordinance have been met. Motion by Hanson, second by Howe, to approve consent items with staff finding of fact(s) and condition(s); and was carried by the following roll call votes: Karpenko, Hanson, Holbach, Howe, Wegenast, Mehrer, Zablotney Nays: none. Motion Passed Item # 9: That the City Council pass a motion approving a request by RTB Consulting, LLC, represented by Mike Hayes to subdivide Prairie Green 2nd Addition, Block 6, Less W 5’ of S 330’ & less portion to Prairie Green 5th & 13th Additions into two lots to be known as Prairie Green 24th Addition, Lot 1A & 1B for the purpose of building a twin home. This property is located at the corner of Eisenhower Dr. & 10th St SW. CONDITIONS: 1. Sidewalks along 10th St will be required. FINDING OF FACT: 1. Subject property is zoned R2, Two-Family District. 2. The request for subdivision meets the general intent of the R2 zoning district. 3. Section 28, Intent of land use and the required information for Planning Commission consideration of the zoning ordinance have been met. 7|Page PLANNING COMMISSION Regular Meeting October 26, 2015 Page 8 of 8 Mike Hayes, representing RTB Consulting, stated that in response to the protest letter received, applicant is no longer requesting for a variance. There are predominately townhouses to the north and east of this property. They meet required lot size for the subdivision and have an access agreement from the mobile home park. Motion by Wegenast, second by Mehrer, to approve item with staff finding of fact(s) and condition(s); and was carried by the following roll call votes: Karpenko, Hanson, Holbach, Howe, Wegenast, Mehrer, Zablotney Nays: none. Motion Passed Meeting adjourned. 8|Page