Planning Commission

PLANNING COMMISSION Regular Meeting November 30, 2015 Page 1 of 10 Regular Meeting: Planning Commission Committee Location: City Hall, Council Chambers, 515 2nd Avenue SW, City of Minot, ND Meeting Called to Order: November 30, 2015 at 6:00 p.m. Presiding Official: Vice-chair Pam Karpenko Secretary: Sybil Tetteh Members in Attendance: Vice-chair Pam Karpenko, Wallace Berning, Ryan Conklin, Jon Hanson, Todd Koop, Larry Holbach, Brenden Howe, Todd Wegenast, Kevin Mehrer, Tyler Neether, Travis Zablotney, Bob Wetzler Members Absent: Chairman John Zimmerman City Staff Present: Donna Bye, Chief Resilience Officer; Sybil Tetteh, Asst. City Planner; Kelly Hendershot, City Attorney; Lance Meyer, City Engineer; Jacqueline Aucker, Assistant City Engineer; Traffic Engineer, Sunil Jeboo; Mitch Flanagan, Building Official; Jason Sorenson, Asst. Public Works Director; Dan Jonasson, Public Works Director; Police Chief, Jason Olson; Brian Andersen, Fire Marshal; Bob Lindee, Public Information Officer Others Present: Aldermen Pankow, Miller, Hatlelid, Schuler, Olson, Shomento, Berg, Isaiah Keller, Rolly Ackerman, Jake Maxson, Dennis Nussbaum, and others. Meeting Called to order by Vice-chair Pam Karpenko Approval of 10/26/2015 Regular Meeting Minutes A correction was made to the voting of item 1 on the October 26th Planning Commission minute by Commissioner Wegenast to Nay. Motion by Holbach, second by Koop, to approve the 10/26/2015 Regular Meeting Minutes, and was carried by the following roll call votes: ayes: Karpenko, Berning, Conklin, Hanson, Koop, Holbach, Howe, Wegenast, Mehrer, Neether, Zablotney, Wetzler. Nays: none. Motion passed RECOMMENDATIONS Approval of Agenda Item (1, 3, 6, 7, 8, & 10) included in the Consent Agenda. 1|Page PLANNING COMMISSION Regular Meeting November 30, 2015 Page 2 of 10 Motion by Neether, second by Koop, to approve consent items with staff finding of fact(s) and condition(s); and was carried by the following roll call votes: Karpenko, Berning, Conklin, Hanson, Koop, Holbach, Howe, Wegenast, Mehrer, Neether, Zablotney, Wetzler Nays: none Motion passed. Motion by Wegenast, second Koop by to move Item 13 as first discussion, and was carried by the following roll call Votes: Karpenko, Berning, Conklin, Hanson, Koop, Holbach, Howe, Wegenast, Mehrer, Neether, Zablotney, Wetzler Nays: none Motion Passed. Item # 1: As part of consent motion, it was recommended: That the City Council pass a motion to approve a request by James Jensen to subdivide an unplatted portion of Section 34-155-83, NE1/2 Less Green Acres & Amended Outlot 1 and Green Acres Addition, Lot 19 into one lot to be known as Green Acres 4th Addition, Lot 1. Also, that City Council introduce an ordinance on first reading to change the zone from R1 (Single- Family Residential) District and AG (Agricultural) District to R1 (Single-Family Residential) District on proposed Green Acres 4th Addition, Lot 1. This property is located at 1920 Meadowlark Dr. CONDITIONS: (if Approved) 1. Sidewalks will be required when roadways are built to urban road standards. 2. 31st Ave will continue west and any future building must be set back 40’ from south property line. 3. Driveway access to future 31st Ave will not be granted. FINDING OF FACT: 1. Subject properties are zoned AG, Agricultural and R1, Single -Family 2. Proposed subdivision meets lot size requirements. 3. Proposed subdivision and zone change are consistent with the neighborhood and land use. Motion by Neether, second by Koop, to approve consent items with staff finding of fact(s) and condition(s); and was carried by the following roll call votes: Karpenko, Berning, Conklin, Hanson, Koop, Holbach, Howe, Wegenast, Mehrer, Neether, Zablotney, Wetzler Nays: none Motion passed. Item # 2: That the City Council introduce an ordinance on first reading, a request by Isaiah Keller, to change the zone from C2 (General Commercial) District to R1 (Single-Family Residential) District to bring home 2|Page PLANNING COMMISSION Regular Meeting November 30, 2015 Page 3 of 10 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. 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 has not had success finding a bank willing to refinance his home without a zone change. Motion by Wegenast, second by Hanson, to deny item with staff finding of facts and failed by the following roll call votes: Hanson, Holbach, Wegenast, Nays: Howe, Karpenko, Koop, Wetzler, Mehrer, Neether, Zablotney, Berning, Conklin Motion failed Motion by Berning, second by Wetzler, to approve the item with staff finding of fact(s) and condition(s); and was carried by the following roll call votes: Koop, Wetzler, Mehrer, Neether, Berning, Conklin, Nays: Wegenast, Zablotney, Hanson, Holbach Motion passed. Item # 3: As part of consent motion, it was recommended: That the City Council pass a motion to approve a request by Sanford Health, Bob Winkels, represented by Mark Sweeney, KLJ, to subdivide unplatted portion of Section 3-154-83, S ½ NE ¼ and Government Lots 1 & 2, into two lots to be known as Prairie Grass Addition, Block 1, Lots 1 & 2 for the purpose of purchasing property. Also, that City Council introduce an ordinance on first reading to annex into City limits proposed Prairie Grass Addition, Block 1, Lots 1 & 2. This property is located east of Crossing St SW and south of 37th Ave SW. CONDITIONS (if approved): 1. The Future Land Use Map Amendment with a zone change will be required for future development. 3|Page PLANNING COMMISSION Regular Meeting November 30, 2015 Page 4 of 10 2. Sidewalks will be required along all public right of ways. 3. Public Land Dedication will be required. 4. A master plan will be required and approved for any proposed development. 5. Traffic impact study will be required before permits are issued. 6. Developer’s agreements with the City will be required before permits are issued. 7. Storm Water Management Plan will be required before permits are issued. FINDING OF FACT: 1. Subject property is Zoned AG, Agricultural District. 2. The property is currently located outside city boundaries. 3. The property is located within 200’ of existing services that are available for utilization. 4. Benefits for annexation are provided to the property owner and city. 5. Proposed subdivision meets lot size requirements. Motion by Neether, second by Koop, to approve consent items with staff finding of fact(s) and condition(s); and was carried by the following roll call votes: Karpenko, Berning, Conklin, Hanson, Koop, Holbach, Howe, Wegenast, Mehrer, Neether, Zablotney, Wetzler Nays: none Motion passed Item #4: The Planning Commission denied a request by Souris River Brewing, LLC, represented by Jake Maxson, for a variance to place a 92” x 72” sign on the roof of a building, which is not permitted by the current Zoning Ordinance on Ramstad’s 2nd Addition, N35’ Lot 15 all Lots 16 & 17 Less E6.4’, Block 2. This property is located at 32 3rd ST NE. Finding of Facts: 1. Subject property is zoned M2, Heavy Industrial District. 2. Section 30-2: The request doesn’t meet the general intent of this section. 3. Section 22-4 h) Zoning Ordinance does not permit a roof sign. 4. No hardship exists to support the variance request. 5. When alternatives may 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. 6. 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. Jake Maxson, 408 Hillcrest Dr., the applicant stated that he was not aware of the prohibited roof signs till he started the process and understood the intent of Section 22-4, not wanting signs interfering with traffic, or signs obstructing the view of pedestrians or vehicles, or advertising that is illegal under state or federal law. And most of these rules make sense with the exception of a roof sign which has no explanation as to why it’s not permitted. He stated that the application should be granted because of 4|Page PLANNING COMMISSION Regular Meeting November 30, 2015 Page 5 of 10 exceptional difficulty with the size of the parking lot. He also proposed a condition with the variance if commissioners are willing to permit a temporary variance. Bob Miller, 512 5th Ave NW, in support stated that there is precedence with roof signs and this will be continuity with was has been approved. Mr. Miller gave the example of a roof sign located at 3rd St NW saying there was a hardship (topographic) with granting other roof sign and SRB has a similar situation. Miller asked the commission to approve the request because there are other roof signs approved in Minot. Commissioner Zablotney asked Mr. Miller if he is suggesting that roof signs should be allowed or removed in the ordinance. Mr. Miller stated this is a possible solution by asking for a temporary variance. Commissioner Wegenast and Howe elaborated on the history of roof sign requests and stated the Commission did vote no on the roof sign on 3rd St NW but City Council over turned it. Motion by Zablotney, second by Berning, to deny the item with staff finding of fact(s); and was carried by the following roll call votes: Berning, Conklin, Koop, Holbach, Neether, Wegenast, Zablotney, Nays: Karpenko, Hanson, Howe, Mehrer, Wetzler Motion passed. Item # 5: Withdrawn by applicant until the January 2016 agenda Continuation of an application by Wayne & Karen Aga to change the zone from C2 (General Commercial) District to MH (Manufactured Home) District on Section 4-154-82, Outlot 2 to remain a Manufactured Home Park. Also, for a Manufactured Home Community Site Plan Review on Section 4-154-82, Outlots 2. This property is located at 4821 HWY 52 S, directly across from Zaharia Drive. (This was formerly known as the Frontier Campground). Item # 6: As part of consent motion, it was recommended That the City Council pass a resolution to approve a request by Enerbase, represented by Tony Bernhardt, for a Conditional Use Permit to install a new double wall 12,000 gallon kerosene tank for retail distribution on Section 36-156-83, Outlots 3, 5 & 6 SESW. This property is located at 205 46th Ave NE. FINDING OF FACT: 1. Subject property is zoned M1, Light Industrial District. 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. 5|Page PLANNING COMMISSION Regular Meeting November 30, 2015 Page 6 of 10 Motion by Neether, second by Koop, to approve consent items with staff finding of fact(s) and condition(s); and was carried by the following roll call votes: Karpenko, Berning, Conklin, Hanson, Koop, Holbach, Howe, Wegenast, Mehrer, Neether, Zablotney, Wetzler Nays: none Motion passed. Item # 7: As part of consent motion, it was recommended That the Planning Commission approve a request by Paradise Homes Inc., represented by Richard Straus, for a variance on new construction of a townhouse unit on the rear yard setback from the required 25’ to approximately 15.59’ on Stonebridge Farm 4th Addition, Block 5, Lot 30B. This property is located at 3106 8th St NE and abuts park land. FINDING OF FACT: 1. Subject property is zoned R3C, Townhouse Residential District. 2. Section 30-2: The request meets the general intent of this section. 3. Variance can be granted based on shallowness or shape of the lot and property right enjoyed by others. 4. 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. Motion by Neether, second by Koop, to approve consent items with staff finding of fact(s) and condition(s); and was carried by the following roll call votes: Karpenko, Berning, Conklin, Hanson, Koop, Holbach, Howe, Wegenast, Mehrer, Neether, Zablotney, Wetzler Nays: none Motion passed. Item # 8: As part of consent motion, it was recommended: That the City Council pass a motion approving a request by Jo Ann Vannett to subdivide Outlot 8, Section 25-156-83 into two lots to be known as Vannett Addition, Lots 1 & 2. This property is located at 6901 13th St NE. FINDING OF FACT FOR APPROVAL: 1. Subject property is zoned RA, Agricultural Residential. 2. Proposed subdivision and zone change meets minimum requirements of a RA zoning district. Motion by Neether, second by Koop, to approve consent items with staff finding of fact(s) and condition(s); and was carried by the following roll call votes: Karpenko, Berning, Conklin, Hanson, Koop, Holbach, Howe, Wegenast, Mehrer, Neether, Zablotney, Wetzler Nays: none Motion Passed 6|Page PLANNING COMMISSION Regular Meeting November 30, 2015 Page 7 of 10 Item # 9: That the City Council pass a resolution to approve the request by Sundre Sand & Gravel represented by Dennis Nussbaum, to extend an Interim Use Permit for an additional year to mine/excavate aggregates that was originally approved by City Council in October 2014 on Whispering Meadows 4th Addition, Lot 2. This property is located west of 6611 37th Ave SE. Dennis Nussbaum representing Sundre Sand and Gravel stated that due to time consuming process to approve required plans from the City Engineering Department, no mining was done last year and would like to extend the request one more year to mine the gravel. CONDITIONS: 1. Responses to IUP standards shall be submitted by the applicant and approved by staff. 2. Only excavation shall occur on site, no processing or crushing activities shall occur on site 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. The applicant or owner shall submit a landscape screening plan consisting of suitable trees which shall be placed to eliminate unsightly view of the operations. 10. 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. 11. All excavated materials shall be removed from the premises especially within highways, streets or other public ways as the council shall order and direct. 12. No noise resulting from the excavation use shall exceed the most current noise control regulations. 7|Page PLANNING COMMISSION Regular Meeting November 30, 2015 Page 8 of 10 13. 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. 14. 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. 15. 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 16. 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. 17. 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. 18. 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. 19. Interim Use permit shall valid for two years from date of issuance and begin once the Zone Change is complete. 20. All conditions approved with the previous permit still apply to this application. See attached IUP. FINDING OF FACT: 1. The subject property is zoned AG which allows mining with an Interim Use Permit. 2. Section 19-5: The conditions require approval of IUP 3. The conditions limit use, hours of operations and other site related protections to allow the use while also limiting disturbance to neighboring properties. 4. All conditions approved with the previous permit still apply to this application. See attached IUP. Motion by Wegenast, second by Berning, to approve item with staff finding of fact(s) and condition(s); and was carried by the following roll call votes: Karpenko, Berning, Conklin, Hanson, Koop, Holbach, Howe, Wegenast, Mehrer, Neether, Zablotney, Wetzler Nays: none 8|Page PLANNING COMMISSION Regular Meeting November 30, 2015 Page 9 of 10 Motion Passed Item # 10: As part of consent motion, it was recommended That the City Council pass a motion to approve a request by Duemelands Retail LLLP, represented by Landon Niemiller, Swenson Hagen & Co., to subdivide Wal-Mart Addition, Lot 7 into two Lots to be known as Willow Creek Addition, Lots 1 & 2. This property is located at 3808 S. Broadway. Finding of Facts: 1. Subject property is zoned C4, Planned Commercial District. 2. Proposed subdivision meets lot size requirements and parking required. Motion by Neether, second by Koop, to approve consent items with staff finding of fact(s) and condition(s); and was carried by the following roll call votes: Karpenko, Berning, Conklin, Hanson, Koop, Holbach, Howe, Wegenast, Mehrer, Neether, Zablotney, Wetzler Nays: none Motion Passed Item # 11 A public hearing on an Ordinance Repealing And Reenacting, with Amendments, Chapter 20 (Flood Protection Requirements) Of The City Of Minot Zoning Ordinance (Flood Plain Management). City Engineer explained that, the current floodplain ordinance is grossly out of compliance with FEMA. FEMA mandated that the City bring the ordinance into compliance to enter the Community Rating System. By using FEMA template and administrative procedures required with Planning Commission and City Council, this ordinance will now meet the FEMA language requirements and matches neighboring cities ordinances. This ordinance will also help to improve the Community’s rating based on a point system. The City is trying to start at a step 9 or higher on the scale. Motion by Neether, second by Wegenast, to approve item and was carried by the following roll call votes: Karpenko, Berning, Conklin, Hanson, Koop, Holbach, Howe, Wegenast, Mehrer, Neether, Wetzler Nays: Zablotney Item # 12 A public hearing on an Ordinance amending Chapter 28.1 (Storm Water Management) of the City of Minot Zoning Ordinance. City Engineer stated that there is new rainfall data, NoAA Atlas 14, which will be used to model 2 years, 10 years, and 100 years rain storms. The City has been using this new data for over a year and this will be formalizing the process. With the updated ordinance, staff will be able to streamline the reports and 9|Page PLANNING COMMISSION Regular Meeting November 30, 2015 Page 10 of 10 compare data more efficiently. At the request of the Ward County Water Board the City will start to implement volume control were possible. Motion by Neether, second by Wegenast, to approve and amend item as proposed and was carried by the following roll call votes: Karpenko, Berning, Conklin, Hanson, Koop, Holbach, Howe, Wegenast, Mehrer, Neether, Wetzler Nays: Zablotney Item # 13: That the City Council introduce an ordinance on first reading amending Chapter 5-5 (c) of the City of Minot Zoning Ordinance for a Conditional Use Permit to raise the number of persons from 14 (fourteen) to 18 (eighteen) in a daycare facility in an R1 (Single-Family) and all residential District. City Planner stated that the Mayor recently appointed a Daycare Ad Hoc Committee, chaired by Minot City Council President, Mark Jantzer. They met on Tuesday, November 17, 2015, to discuss daycare requirements to be licensed in the City of Minot as it relates to the Zoning Ordinance, the Building Code, the Fire Code, and licensing regulations of the County. The committee is recommending that the ordinance be amended to require conditional use permits only for home daycares with more than 18 children. Ward County Social Services began notifying providers this fall during their license renewals of the new ordinance, which caused providers to take concerns to the Council. Input were gathered from Amy Jenkins, who handles child-care licensing with Ward County Social Services, Kristi Aasendorf, parent services supervisor with Child Care Aware, Minot fire marshal Brian Anderson and Minot Rural fire officials. It is recommended that the Planning Commission approve the recommendations from the Daycare Ad Hoc Committee as well as consider amending the additional residential districts to reflect that a daycare facility , licensed – serving more than 18 persons requires a conditional use permit. Motion by Neether, second by Berning to approve and amend Section 5-5 and all residential districts to increase the number of persons from 14 (fourteen) to 18 (eighteen) for a conditional use permit, and was carried by the following roll call Votes: Karpenko, Berning, Conklin, Hanson, Koop, Holbach, Howe, Wegenast, Mehrer, Neether, Wetzler Nays: Zablotney Motion Passed. Item # 14 Discussion regarding changing the Planning Commission meeting time to 6:30 PM. Commissioner Karpenko explained that considering a meeting time at 6:30pm will allow her to close her business without looking for additional help. Motion by Wegenast, second by Neether, to approve 2016 calendar year meeting time at 6:30pm and was carried by the following roll call votes: Karpenko, Berning, Conklin, Hanson, Koop, Holbach, Howe, Wegenast, Mehrer, Neether, Wetzler, Zablotney Nays: Meeting adjourned. 10 | P a g e