Planning Commission

PLANNING COMMISSION Regular Meeting March 28, 2016 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: March 28, 2016 at 6:30 p.m. Presiding Official: Chairman John Zimmerman City Clerk: Kelly Matalka Members in Attendance: Wallace Berning, Jody Bullinger, Larry Holbach, Pam Karpenko, Kevin Mehrer, Tyler Neether, Todd Wegenast, Bob Wetzler, John Zimmerman Members Absent: Jon Hanson, Brenden Howe, Todd Koop, Travis Zablotney City Staff Present: Asst. City Planner, City Manager, Asst. City Attorney, City Engineer, Chief Resilience Officer, Assistant City Engineer/Acting Planning Director, Traffic Engineer, Building Official, Public Works Director, Asst. Public Works Director; Police Chief, Public Information Officer. Others Present: Aldermen Connole, Hatlelid, Hedberg, Olson, Pankow, Schuler, Shomento, and others. Meeting Called to order by Chairman Zimmerman Prior to the regular agenda, Chairman Zimmerman recognized Ryan Conklin for four years of service on the Planning Commission. Approval of the February 29, 2016 Regular Meeting Minutes. Motion by Karpenko, seconded by Neether, to approve the February 29, 2016 regular meeting minutes, and was carried by the following roll call vote: ayes: Berning, Bullinger, Holbach, Karpenko, Mehrer, Neether, Wegenast, Wetzler, Zimmerman. nays: none Motion passed RECOMMENDATIONS Approval of Agenda Items (1, 2 & 4) included in the Consent Agenda. Commissioner Mehrer asked whether the electronic sign proposed for the State Fairgrounds in item #1 is considered a billboard and would be prohibited as part of the moratorium on billboards. The Assistant City planner stated it is considered a pole sign and the parcel does not contain a sign as the current sign is located on a different parcel. The Acting Planner Director stated for clarification, definitions of signs can be found in Chapter 22 of the Zoning Ordinance. 1|Page PLANNING COMMISSION Regular Meeting March 28, 2016 Page 2 of 8 Motion by Karpenko, seconded by Neether, to approve consent items with staff finding of fact(s) and condition(s); and was carried by the following roll call vote: ayes: Berning, Bullinger, Holbach, Karpenko, Mehrer, Neether, Wegenast, Wetzler, Zimmerman. nays: none Motion passed. Item # 1: As part of a consent motion The Planning Commission approved an application by North Dakota State Fair, represented by Craig Rudland, for a Public Zone Plan Review to place an approximately 22’10” electronic sign at the entrance of the ND Fairgrounds property on Fairville R-D 2 Plats P 169, Section 19-155-82. This property is located at 2005 E. Burdick Expressway. Finding of Facts: 1. Subject property is located within the Public zoning category and it is in compliance with the sign regulations of Section 22.9(a) of the Zoning Ordinance. 2. The dimensions and type of sign proposed are in compliance with Sections 22.9(a)(2)(3)& (5) of the Zoning Ordinance. Conditions (if approved): 1. The proposed sign should be built to the specifications proposed. 2. The applicant is in compliance with Section 22-9 (a)(2) Shall not exceed forty-five (45) feet in height. 3. Section 22-9 (a)(3) The sign face shall not exceed three (3) square feet per one (1) foot of lot frontage where the sign is to be placed, up to a maximum of one hundred-fifty (150) square feet (primary cabinet); but in any event, fifty (50) square feet is permitted. A secondary tenant and/or digital display panel (following the requirements in item d below) shall be permitted up to eighty percent (80%) of the primary cabinet sign area. 4. Section 22-9 (a)(5) All freestanding signs or monument/ground signs shall be located with the pole and edge of sign located completely within the property line Motion by Karpenko, seconded by Neether, to approve the consent item with staff finding of fact(s) and condition(s); and was carried by the following roll call vote: ayes: Berning, Bullinger, Holbach, Karpenko, Mehrer, Neether, Wegenast, Wetzler, Zimmerman. nays: none Motion passed. Item #2: As part of a consent motion, it is recommended The City Council adopt a resolution for an Interim Use Permit to Lowe’s Garden Center Inc., represented by Philip Lowe, to place a seasonal retail greenhouse on Krebsbach 2nd Addition, Block 2, less portion platted to Krebsbach 3rd Addition. This will occur annually from April 15 to July 1. This property is located at 1620 S. Broadway (Marketplace Foods). Finding of Facts: 1. Subject property is zoned C2, General Commercial District. 2|Page PLANNING COMMISSION Regular Meeting March 28, 2016 Page 3 of 8 2. The proposed use is an allowable use that requires an Interim Use Permit. Conditions (if approved): 1. This will occur annually from April 15 to July 1. Motion by Karpenko, seconded by Neether, to approve the consent item with staff finding of fact(s) and condition(s); and was carried by the following roll call vote: ayes: Berning, Bullinger, Holbach, Karpenko, Mehrer, Neether, Wegenast, Wetzler, Zimmerman. nays: none Motion passed. Item # 3: The Application by Jay Lundeen, represented by KLJ-Brice Nelson, to subdivide Northdale 3rd Addition, Lots 1 & 2 plus ½ vacated alley; Polaris Addition, Lot 1; Northgate Subdivision, Lot 2 into three lots to be known as Lundeen’s Addition, Lots 1-3 for the purpose of expanding a current business. Also, to change the zone from C2 (General Commercial) District and R3 (Multiple Residence) District to C2 (General Commercial) District on proposed Lundeen’s Addition, Lot 1. Also, to change the zone from R3 (Multiple Residence) District and C2 (General Commercial) District to R3 (Multiple Residence) District on proposed Lundeen’s Addition, Lot 3. Proposed Lundeen’s Addition, Lot 2 will remain C2 (General Commercial) District. Also, for a variance to the required landscaping and buffer per Section 24-1 h) on proposed Lundeen’s Addition, Lots 1 & 2. This property is located at 2705 & 2911 N Broadway and 300 27th Ave NW. This item was pulled by the applicant prior to the Planning Commission Meeting. Item # 4: As part of a consent motion, it is recommended The City Council adopt a resolution to extend an Interim Use Permit for Church of Jesus Christ of Latter-day Saints, represented by Dwight Clayton, passed in October 2013, to keep a manufactured unit to use as classroom on Marian Heights 3rd Addition, Block 1, Lot 5 until the end of 2016, at which time the expansion project will be completed. This property is located at 2025 9th St NW. Finding of Facts: 1. Subject property is zoned R1, Single-Family District the proposed structure is an allowable use in that district. 2. The structure has been previously approved by the City Council on 10/7/2013. 3. The applicant is requesting an extension of the permit that would allow for the temporary classroom to remain until the end of December 2016. 3|Page PLANNING COMMISSION Regular Meeting March 28, 2016 Page 4 of 8 Motion by Karpenko, seconded by Neether, to approve the consent item with staff finding of fact(s) and condition(s); and was carried by the following roll call vote: ayes: Berning, Bullinger, Holbach, Karpenko, Mehrer, Neether, Wegenast, Wetzler, Zimmerman. nays: none Motion passed Item #5: The City Council adopt a resolution to amend a Conditional Use Permit approved on March 2, 2015, to replace 12’ x 30’ Shelter with internal generator with up to four (4) outdoor equipment cabinets on a platform with an external generator and to construct a 159’ communications tower on Minot Prairie Industrial Park, Block 1, Lot 1. It is a continuation of an application by JRJ Land Holding, LLC- Mr. Kovach, represented by Buell Consulting, Inc., - Dave Fischer. Finding of Facts: 1. The subject property is zoned M1, Light Industrial. 2. The proposed tower would have additional space available for co-locating. 3. The proposed tower will be designed, constructed, operated, and maintained to be compatible in appearance with the existing or intended character of that area. Conditions (if approved): 1. Applicant shall secure FAA approval prior to issuance of permits. 2. The applicant shall provide future cooperative co-location opportunities to improve service or to lease to other providers. 3. All standards set forth under the CUP must be addressed by the applicant. 4. Public Utility Fees will be required. Dave Fischer, a representative from Buell Consulting, Inc., was available for questions. He asked for clarification the condition to pave all access roadways was removed from the list of conditions to which the Acting Planning Director confirmed. Motion by Karpenko, seconded by Wegenast, to approve the item with staff finding of fact(s) and condition(s); and was carried by the following roll call vote: ayes: Berning, Bullinger, Holbach, Karpenko, Mehrer, Neether, Wegenast, Wetzler, Zimmerman. nays: none Motion passed. Item # 6: The Planning Commission denied a request by JaCraig Partners, represented by Jay Stein, for a variance to the building design requirements as stated in Section 15-9 of the Zoning Ordinance to construct a building approximately 100’ x 60’ on Outlot 70 less Lot A, Section 21-155-82. This property is located at 205 42nd St SE. Finding of Facts: 4|Page PLANNING COMMISSION Regular Meeting March 28, 2016 Page 5 of 8 1. The subject property is zoned M2 Heavy Industrial District Special Use Permit. With a Special Use Permit to place two above ground fuel tanks, 1,000 gallon of diesel fuel and 100 gallons of methanol. 2. The proposed building is an allowable use within the M2 zoning district. 3. The request doesn’t meet the general intent of Section 30-2 Variance because it does not demonstrate a hardship on a legal-non conforming lot or other characteristics that variances are intended for. Conditions (if approved): 1. The proposed building would need to meet Section 15-9 (b)(1)(g): Architectural metal with semi or fully concealed fasteners provided such panels are factory fabricated and finished with a durable non-fade surface and would have to provide more than one different design element for the building. 2. 10% of the proposed new CUP landscaping will be required and approved by the Planning Department. 3. The applicant will have to provide the 10% landscaping from the previously approved CUP. 4. Pond and erosion control measures on site need to be brought into compliance with storm water management plan. The Assistant City Planner stated, staff cannot approve the request since the zoning ordinance states the building facing the public street must show two building materials from the permitted list. Upon inspection of the property by city staff, they found the other buildings on the property are appropriate according to regulations. The new building however, will face 42nd St SE and must comply with 15-9 (b)(1)(g). Craig Stein of JaCraig Partners stated they have installed several buildings on the property since 2008 which are occupied by tenants. They want to install another storage building with the same exterior as the other buildings on the site in order to keep conformity. Upon questioning by Commissioner Mehrer as to what is going to be stored there, Mr. Stein replied it would be foam, plastics and anything that would otherwise blow away. He continued by saying the building will have no plumbing or windows and minimal electrical work. Commissioner Wegenast called the City Engineer to clarify the intentions for 42nd Street SE. The City Engineer responded by saying 55th Street was chosen for an overpass rather than 42nd or 27th Street and it is very unlikely there will be a need for another on 42nd Street. Jay Stein came forward to clarify some confusion on his application regarding the required fasteners. The Acting Planning Director stated, it is in condition number one which states the architectural metal with semi or fully concealed fasteners provided such panels are factory fabricated and finished with a durable non-fade surface and would have to provide more than one different design element for the building. It would require a motion from the Commission to remove such a condition. Commissioner Karpenko stated, common sense would say to make the buildings match but it does not conform with the zoning ordinance so it needs to be denied. Commissioner Neether agreed. 5|Page PLANNING COMMISSION Regular Meeting March 28, 2016 Page 6 of 8 Motion by Karpenko, seconded by Wegenast, to deny the item with staff finding of fact(s) and condition(s); and was carried by the following roll call vote: ayes: Berning, Bullinger, Karpenko, Mehrer, Neether, Wegenast, Wetzler, Zimmerman. nays: Holbach Motion passed. Item #7: The City Council adopt a resolution to amend a Conditional Use Permit approved on March 2, 2015, to replace the 12’ x 30’ shelter with outdoor equipment and a diesel generator and to construct a 89’ communications tower on Amended Plat of Lots 1, 3, 5, & 6, Trestle View 2nd Addition, Lot 5. The application is by Northwest Dakota Cellular of North Dakota LP, dba Verizon Wireless, represented by Buell Consulting, Inc. - David Fischer. This property is located at 229 54th St SW. Finding of Facts: 1. The Conditional Use Permit (CUP) was approved on March 2, 2015, by Resolution #3398. 2. The tower height will remain at 80’ (89’AGL - overall height with lightning rod). Conditions (if approved): 1. The proposed accessory equipment shall be of the same appearance and materials as the existing equipment and approved by the Planning Department. 2. The proposed galvanized 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. All standard set forth under CUP might be addressed by the applicant. 6. A maintenance free opaque fencing will be required around the base of the tower. The Acting Planning Director stated, the applicant’s modification will consist of changes to how the equipment is housed. Motion by Karpenko, seconded by Wegenast, to approve the item with staff finding of fact(s) and condition(s); and was carried by the following roll call vote: ayes: Berning, Bullinger, Holbach, Karpenko, Mehrer, Neether, Wegenast, Wetzler, Zimmerman. nays: none Item #8: The Planning Commission approve an Application by Darin Scherr, represented by Michael Oakleaf, for a C4 Plan Review and Approval to construct a new office building on Urban 5th Addition, Lot 1 Less N50’. This property is located at 920 37th Ave SW. Finding of Facts: 1. Subject property is zoned C4-Commerical PUD. 6|Page PLANNING COMMISSION Regular Meeting March 28, 2016 Page 7 of 8 2. The proposed development is in compliance with Section 13-4: General Standards for Approval. Conditions (if approved): 1. Storm Water Management Plans will be required and approved by the City Engineer. 2. Erosion Control practices will need to meet the State of North Dakota requirements and approved by the City Engineer. 3. Sidewalks will be required. 4. Public Utility Fees will be required. Molly Kaylor, a resident of 10th St SW, stated her concerns regarding increased traffic on 10th St after the proposed office building is constructed. She explained, there is already high traffic where the stop sign on 10th St gets bottle-necked from the Frontage Road. Her suggestion, which she emailed to the Planning Department, is to close the Frontage Road and use an entrance from 37th Ave SW. The Traffic Engineer confirmed, closing the Frontage Road is not feasible. The City Engineer explained the Frontage Road is designed to handle traffic on arterials to reduce conflict points. A traffic study is unlikely given the size of the office building but the intersection may warrant signals in the future due to commercial development. Upon questioning by Commissioner Neether as to when the last traffic study was done at that location, the City Engineer replied, it was about two years ago. Dean, part owner of the Candlewood, stated, his company had to pay for constructing the Frontage Road when they built the hotel. He said he was told if the lot is purchased, they would be compensated for the use of the Frontage Road. He explained, they had to pay for the road, sewer, curb and gutter. The City Engineer explained, the road went in about 2010, when the development had to install the infrastructure to gain access to that lot. He said there is a process that must be requested by the developer in order to recoup some of their costs after adjacent lots are purchased. They would have had to submit calculations of their costs that went into the installation of utilities and the engineering department would calculate the benefit gained by the other properties and submit it to Council for approval. He stated, that process was not done for this property. He continued by saying, roadway infrastructure is owned by the public. The most common way to pay for roads is by special assessment where the cost is spread across the lots on that road. Recently, the City started the use of developer’s agreements. In this case, like most cases in the City of Minot, the utilities were privately installed by the owner and donated to the City to maintain. Chairman Zimmerman stated the installation of the infrastructure could be considered a condition to developing the new property. Molly Kaylor questioned why the office building would have an entrance from 10th St when it’s address is 37th Ave. The City Engineer stated, the address is determined by the short side of the lot which is considered your frontage but it does not determine where your entrance would be. The Acting Planning Director added, the entrance has not been approved yet and the drawings provided are preliminary. Motion by Karpenko, seconded by Wegenast, to approve the item with staff finding of fact(s) and condition(s); and was carried by the following roll call vote: ayes: Berning, Bullinger, Holbach, Karpenko, Mehrer, Neether, Wegenast, Wetzler, Zimmerman. nays: none Motion Passed 7|Page PLANNING COMMISSION Regular Meeting March 28, 2016 Page 8 of 8 Meeting adjourned at 7:17 pm. 8|Page