Planning Commission

PLANNING COMMISSION Regular Meeting August 29, 2016 Page 1 of 6 Regular Meeting: Planning Commission Committee Location: City Hall, Council Chambers, 515 2nd Avenue SW, City of Minot, ND Meeting Called to Order: August 29, 2016 at 6:30 p.m. Presiding Official: Chairman, John Zimmerman City Clerk: Kelly Matalka Members in Attendance: Wallace Berning, Jody Bullinger, Matt Geinert, Larry Holbach, Pam Karpenko, Todd Koop, Tyler Neether, Bob Wetzler, John Zimmerman Members Absent: Jon Hanson, Brenden Howe, Todd Wegenast, Travis Zablotney City Staff Present: Planning Director, City Attorney, Asst. City Engineer, Chief Resilience Officer, Public Information Officer, Chief Olson, Building Official, Asst. Public Works Director. Others Present: Aldermen Jantzer, Olson, Pankow, Sipma. Meeting Called to order by Chairman John Zimmerman Approval of the July 25, 2016 Regular Meeting Minutes. Motion by Holbach, seconded by Koop, to approve the July 25, 2016 regular meeting minutes, and was carried by the following roll call vote: ayes: Berning, Bullinger, Geinert, Holbach, Karpenko, Koop, Neether, Wetzler, Zimmerman. nays: none Motion passed RECOMMENDATIONS Item #1: The Planning Commission held the application by Duane Johnson, Future Builders, for the subdivision of an unplatted portion of the SE1/4, Section 36-155-83 into 33 lots to be known as Bluff Point Estates, Lots 1-33. The Planning Commission put on hold a change in the zone from AG (Agricultural) District to RM (Medium Density Residential) District with a PUD (Planned Unit Development) overlay on proposed Bluff Point Estates, Lots 1-33. 1|Page PLANNING COMMISSION Regular Meeting August 29, 2016 Page 2 of 6 The Planning Commission put on hold the annexation of proposed Bluff Point Estates, Lots 1-33 and adjacent 13th ST SE & 37th Ave SE right-of-way into City limits. The Planning Commission put on hold an amendment to the Future Land Use map from Medium Density, Agricultural, and Commercial designations to Medium Density Residential on proposed Bluff Point Estates, Lots 1-33. This property is located on the southwest corner of 37th Ave SE and 13th ST SE. Findings of Fact: 1. The Property is zoned Agriculture and its highest and best use would be residential. 2. The PUD would be consistent with the comprehensive plan for the city if certain conditions were met. 3. The PUD provides for preservation of surrounding natural amenities. 4. The subject property is designated as partially Medium Density Residential and partially Commercial. 5. The surrounding zones are complimentary to the proposed zone change. 6. The proposed use meets the requirements of the proposed zone. 7. The conditioned project details will provide a public benefit in that they are of improved site and architectural design and have shown preserved open space. Conditions: 1. The developer must provide an explanation of the character of the planned development and the manner in which it has been planned to take advantage of the planned development regulations including public benefits it is providing. 2. A general indication of the expected schedule of development including progressive phasing and time schedule. 3. That the building plans be modified to provide for side loaded garage door lots or designed to the extent that garage doors are not the dominant feature of the front façade. Revised elevation renderings shall be provided to the Planning Department for review and approval. The front façade of the side loaded garage should provide windows and or dormers in a style consistent with what is found on the residential units. 4. Primary roofs shall be articulated by at least one of the following: changes in place and elevations combining low and high, dormers, gables. 5. Exterior building finishes and colors to include a variety of building materials, distributed through the facades and coordinated to create an architecturally balanced appearance. Facades of each attached unit shall be finished with a variety of colors to be less repetitive and exciting 6. Rear decks and porches should be provided as part of the dwelling unit building plans. 7. That the petitioner submit a Detailed Development Plan describing: a. Uses permitted b. Modifications to Section 7-7. Lot, Height, Area and Yard Setback Requirements of the RM District c. Modifications to Section 7-8. Design Requirements for Buildings Containing Three Units or Greater of Attached Units 8. Identify where and how trash will be handled on the site. 2|Page PLANNING COMMISSION Regular Meeting August 29, 2016 Page 3 of 6 9. Storm Water Management Plans will be required and approved by the City Engineer. 10. Erosion Control practices will need to meet State of North Dakota requirements and approved by the City Engineer. 11. Developer’s Agreement and/or Home Owners Association will be in place prior to the plat being recorded. 12. Sidewalks will be required along improved public right of ways and that there are connections from the buildings in the PUD to sidewalks. 13. The gateway into the development from the sidewalk should provide for a sense of arrival by clearly designated entry points. Pedestrian treatment within the development should provide a clear connection to adjacent sidewalks in the right-of-way. 14. Public Utility Fees will be required. The Planning Director explained staff’s recommendation to change the zone on the proposed property to RM with a PUD overlay. He stated, staff requires the design be modified in order to achieve the highest quality architectural appeal as expected for a Planned Unit Development. He said there are 14 conditions for approval based on factors for the subdivision and the categorization as a PUD. Rolly Ackerman of Ackerman Surveying and Associates, stated, they agree to all of the conditions except #3 and #5. He said there is no ordinance which requires side loading garages and believes the other features such as the size and number of units are sufficient for the designation of PUD. He also stated the topography dictates the alignment of the units. The other condition Mr. Ackerman discussed was the use of different exterior finishes and colors. He stated, there would be a variety of colors but he wanted to clarify the intention of the condition is not to contain different colors in one unit. Duane Johnson of Future Builders explained they want to incorporate a good theme but maintain acreage for a view and the best way to accomplish that is to keep the garages as planned. Commissioner Karpenko asked what other ideas they have to make sure the development doesn’t look like a row of garages. Mr. Johnson responded by saying, because of the topography of the street, the units will have staggered elevations and also use a Dutch Hip to separate units. He said it would be difficult to move the garages to the side. Upon questioning by Chairman Zimmerman, Mr. Johnson stated they intend to market toward residents already living within the Bluffs as well as retired individuals. He added, the landscaping will create a private type of entrance which will differentiate the property from other townhomes. Chairman Zimmerman explained by saying, this development should be a showcase example in order to earn the designation as a Planned Unit Development and receive the flexibility which comes along with a PUD. Mr. Johnson stated, as per the requirement of a PUD, they are conserving the natural topography. Mr. Ackerman added, since the property is near a school, a park and the country club and golf course, the added amenities fit the requirement for the underlying zoning. 3|Page PLANNING COMMISSION Regular Meeting August 29, 2016 Page 4 of 6 Mr. Ackerman said there is not a strict time constraint but clarified, they are not concerned with any of the other conditions besides the garage restriction, since it is not a typical requirement. Whereupon a motion was made by Karpenko, seconded by Wetzler to hold the item until further review, and was carried by the following roll call vote: ayes: Berning, Bullinger, Holbach, Karpenko, Koop, Wetzler, Zimmerman. nays: none. abstain: Geinert, Neether. Item #2: The City Council authorize the subdivision of Roach’s 3rd Addition, Block 5, Lots 5 & 6 into one lot to be known as Florez Addition, Lot 1. The Planning Commission denied the request for a variance to the required side yard setback for an existing detached garage from 3’ to approximately 2’ at the wall and approximately zero at the eave on proposed Florez Addition, Lot 1. This property is located at 510 & 512 10th ST NE. Findings of Fact: 1. The subject property is zoned R1 Single Family Residential. 2. The subject property has the available space to construct new or relocate the existing detached structure to bring it in to compliance. 3. The proposed variance request does not have the necessary hardship in which to support the variance request. The Planning Director explained the purpose of the variance is to bring the existing garage into compliance as a result of a self-created hardship. The applicant is also requesting a subdivision to combine the lots. Cameron Berdahl of 1047 W Central Ave, came before the Commission to represent the applicant Carl Florez. He stated, he built the garage in 2012 after the flood. He said there was a survey done at the time which showed the placement of the garage would be compliant with the spacing requirement of the lot lines but the survey that was taken when Mr. Florez applied for the subdivision shows different lines. He continued by saying, if they move the garage, it would not fit and they would no longer have access from the driveway. Whereupon a motion was made by Karpenko, seconded by Neether to deny the variance request and approve the subdivision; and was carried by the following roll call vote: ayes: Berning, Bullinger, Karpenko, Koop, Neether, Zimmerman. nays: Geinert, Holbach, Wetzler. Motion passed. Item #3: The Planning Commission denied an application by Roosevelt Watts for a variance to the City of Minot Zoning Ordinance Section 21-8 a) that states an accessory building shall be subordinate to the existing primary building on Goheens Addition, Block 6, Lot 5. 4|Page PLANNING COMMISSION Regular Meeting August 29, 2016 Page 5 of 6 This property is located at 2019 4th ST NW. Findings of Fact: 1. The property is zoned RM, Medium Density Residential District. 2. The request does not meet Section 21-8, allowable square foot for accessory building. 3. Section 30-2, the request does not meet the general intent of this section. 4. The proposed variance request does not demonstrate a hardship identified in Section 30-2. 5. The Inspection Department has provided guidance for a smaller structure as it relates to modifying existing slab. The Planning Director stated, the variance was denied the previous month because the size of the proposed garage violates the zoning ordinance. He continued by saying, the concrete slab was installed prior to presenting any building plans. The applicant, Roosevelt Watts, came before the Commission to request alternatives so that he does not have to destroy the slab. The Planning Director, Mr. Davis, suggested he cut the slab to the permitted dimensions and construct the building within the zoning requirements. Mr. Watts stated, he spoke with experts who agreed, that approach would not work. He continued by saying that type of work can be done in road construction but not on residential work. It would sink and fall apart. Upon questioning by Commissioner Neether, Mr. Watts explained he was told to get a foundation permit first and there was no mention that he could not put a building on the slab. The Building Official stated the permit was issued as foundation only which did not imply the use or size of the building. Mr. Watts was also told, if he was going to use the whole slab the building would not be approved. He continued by saying slabs are cut all the time, this is a lightweight construction and it would not affect a loadbearing wall if the building was shortened. Whereupon a motion was made by Neether, seconded by Koop, to deny the variance with staff finding of fact(s); and was carried by the following roll call vote: ayes: Bullinger, Geinert, Holbach, Karpenko, Koop, Neether, Wetzler, Zimmerman. Nays: Berning Motion passed. Item #4: The Planning Commission approved the request by the City of Minot represented by Lance Meyer, City Engineer, for a public plan review regarding the parking garage on Original Minot Addition, W1/2 of Block 3. This property is located at 5 Central Ave W and is known as the Central Avenue Parking Garage. Gloria Larsgaard, of EAPC, presented their proposal for the exterior of both of the downtown parking structures. She explained, if nothing is done to the current exterior, the winter weather could damage 5|Page PLANNING COMMISSION Regular Meeting August 29, 2016 Page 6 of 6 the rest of the building. Their goal is to preserve the character of downtown while also abiding by the zoning and building codes. Their plan is to install EIFS, which is a versatile and cost effective material, during Phase 1. She also described Alternate 1 which includes a base made of nichiha to protect the exterior from damage around the bottom of the structures. She stated, the awning and finishes would be added later to prevent them from being damaged while further construction takes place. She also said the windows can be installed when retailers are secured and can personalize their own space. Upon questioning by Commissioner Karpenko, Ms. Larsgaard stated, pending approval by City Council, the project will go to bid in September and the EIFS can be installed this fall. She explained, the finishing coat cannot be installed in weather under 40 degrees but local companies have suggested sheltering the building if necessary. Whereupon a motion was made by Karpenko, seconded by Koop to approve the public plan review as presented; and was carried by the following roll call vote: ayes: Berning, Bullinger, Geinert, Holbach, Karpenko, Koop, Neether, Wetzler, Zimmerman. Nays: none Motion Passed Item #5: The Planning Commission approve the request by the City of Minot represented by Lance Meyer, City Engineer, for a public plan review regarding the parking garage on Original Minot Addition, Block 11, Lots 13-24. This property is located at 205 1st ST SW. Motion made by Karpenko, seconded by Koop to approve the public plan review as presented; and was carried by the following roll call vote: ayes: Berning, Bullinger, Geinert, Holbach, Karpenko, Koop, Neether, Wetzler, Zimmerman. Nays: none Motion Passed Other Business Commissioner Zimmerman acknowledged the years of service by Kevin Mehrer and Brenden Howe and also thanked Donna Bye for her 15 years working for the Planning Department. Meeting adjourned at 7:36 pm. 6|Page