Planning Commission

PLANNING COMMISSION Regular Meeting September 26, 2016 Page 1 of 5 Regular Meeting: Planning Commission Committee Location: City Hall, Council Chambers, 515 2nd Avenue SW, City of Minot, ND Meeting Called to Order: September 26, 2016 at 6:30 p.m. Presiding Official: Chairman, John Zimmerman City Clerk: Kelly Matalka Members in Attendance: Wallace Berning, Matt Geinert, Jon Hanson, Larry Holbach, Pam Karpenko, Tyler Neether, Todd Wegenast, Bob Wetzler, John Zimmerman Members Absent: Jody Bullinger, Jessica Henderson, Todd Koop City Staff Present: Planning Director, Principal Planner, Acting City Manager, City Attorney, Asst. City Engineer, Building Official, Public Information Officer, Chief Olson, Public Works Director, Asst. Public Works Director. Others Present: Aldermen Jantzer, Shomento, Straight, Sipma. Meeting Called to order by Chairman John Zimmerman Approval of the August 29, 2016 Regular Meeting Minutes. Motion by Holbach, seconded by Geinert, to approve the August 29, 2016 regular meeting minutes, and was carried by the following roll call vote: ayes: Berning, Geinert, Hanson, Holbach, Karpenko, Neether, Wegenast, Wetzler, Zimmerman. nays: none Motion passed RECOMMENDATIONS Item #1: The City Council approve an application by Mark Hildahl represented by Christopher Strange to subdivide The Bluffs Addition; Block 1, Lot 44; Block 7, Lot 1; Block 8, Lot 1 into 3 lots to be known as The Bluffs 6th Addition, Lots 1-3. This property is located at 1912 Valley Bluffs Dr. SE, the Country Club Golf Course, and 4260 27th St SE. 1|Page PLANNING COMMISSION Regular Meeting September 26, 2016 Page 2 of 5 Findings of Fact: 1. The property is zoned R1 (Single Family Residential) District. 2. The subject property is designated as Very Low Density Residential in the Future Land Use Plan 3. The plat is required in order to correct surveying errors. 4. The resulting plat would be complimentary to the larger area and would eventually be beneficial to homeowners within the plat as it would provide them with more rear yard space. Conditions: 1. Traffic study will be required and approved by the Traffic Engineer. 2. Storm Water Management Plans will be required and approved by the City Engineer. 3. Erosion Control practices will need to meet State of North Dakota requirements and be approved by the City Engineer. 4. Developer’s Agreement will be in place prior to the plat being recorded. 5. Sidewalks will be required. 6. Public Utility Fees will be required. Commissioner Neether stated, he has no objection to the application but would have liked to see the preliminary plat on record compared with the proposed changes. Whereupon a motion was made by Karpenko, seconded by Geinert to approve the item with staff findings of fact and conditions; and was carried by the following roll call vote: ayes: Berning, Geinert, Hanson, Holbach, Karpenko, Neether, Wegenast, Wetzler, Zimmerman. nays: none Motion Passed Item #2: The City Council approve an application by SRT Communications, Ron Aberle, to subdivide Hilltop Addition, Lot 1 into two lots to be known as Hilltop 6th Addition, Lots 1 & 2. Also, the City Council adopt a resolution to reassign the special use permit, now known as a conditional use permit, originally granted on Hilltop Addition, Lot 1 for a cell tower on May 5, 2003, to proposed Hilltop 6th Addition, Lot 1. This property is located at 523 30th St NW. Findings of Fact: 1. The properties, i.e., proposed Lots 1 and 2 are zoned M2 Heavy Industrial. 2. The application would be consistent with the Comprehensive Plan as the site is designated as Office Business Park. 3. The surrounding zones are complimentary to the proposed zone change. 4. The proposed use meets the requirements of the proposed zone upon the transfer of the Conditional Use Permit. 2|Page PLANNING COMMISSION Regular Meeting September 26, 2016 Page 3 of 5 Conditions: 1. Developer’s Agreement will be in place prior to the plat being recorded. 2. An access agreement for Lot 2 must be recorded on the revised plat. Ron Aberle, representing SRT Communications, stated, the tower has been in place since 2003. The property owner wants to sell the land but it needs to be separated so SRT can purchase the property on which the cell tower is located. Upon questioning by Chairman Zimmerman, Mr. Aberle responded, there are no problems with the conditions recommended by staff. Whereupon a motion was made by Neether, seconded by Karpenko to approve the item with staff findings of fact and conditions; and was carried by the following roll call vote: ayes: Berning, Geinert, Hanson, Holbach, Karpenko, Neether, Wegenast, Wetzler, Zimmerman. nays: none Motion passed. Item #3: The Planning Commission approved an application by AGT Foods represented by Les Knudson, for a variance to the landscaping requirements of Chapter 24, Section 24-1 f) Minimum Tree Planting Quantity Requirements on Minot AG Complex 6th Addition, Lot 5. This variance would eliminate 113 trees and shrubs as required. This property is located at 625 42nd ST NE. Findings of Fact: 1. The property under consideration is currently zoned M2 (Heavy Industrial) District and is guided on the Future Land Use Plan as Industrial. 2. An exceptional practical difficulty exists because without the variance reasonable use of the property is not possible. Conditions: 1. The petitioner should provide a revised Landscape Plan calling for industry accepted separation standards pertinent to the location of trees near the main processing facility. Les Knudson, representing AGT Foods, stated, the company’s food safety certificates require a high level of rodent and pest control. He explained, the shrubs and trees required for landscaping will attract birds which can carry E.coli and salmonella. He continued by saying, the grass on the property is about 70% planted and will be finished in the spring. Commissioner Berning questioned why 113 trees and shrubs are required, to which the Planning Director stated, due to the size of the land and the facility, the landscaping requirement in the Zoning ordinance states there should be a certain quantity. 3|Page PLANNING COMMISSION Regular Meeting September 26, 2016 Page 4 of 5 Chairman Zimmerman commented, the site is zoned Heavy Industrial and there is no need for beautification at a food processing facility. Whereupon a motion was made by Neether, seconded by Geinert, to approve the variance with staff finding of facts and conditions; and was carried by the following roll call vote: ayes: Geinert, Hanson, Holbach, Karpenko, Neether, Wegenast, Wetzler, Zimmerman. nays: Berning Motion passed. Item #4: The City Council pass an ordinance to approve an application by the City of Minot represented by Jason Sorenson, to change the zone from AG (Agricultural) District and R1 (Single Family Residential) District to P (Public) District on the Minot Landfill known as NW1/4, Section 33-155-83; S1/2S1/2SW1/4, S1/2N1/2S1/2SW1/4, & SW1/4SE1/4 less N330’ & Sorenson’s 4th Addition all in Section 28-155-83. Also, the City Council adopt a resolution to amend the Future Land Use Map designation from High Density Residential, Business Office Park, and Industrial to Public on the same property. This property is located along 20th Ave SW and west of 30th Street SW. Findings of Fact: 1. The property is zoned AG Agricultural District and R1 Single Family Residential. 2. Properties to the south and west are zoned AG (Agricultural) District. Properties to the north are zoned R1 (Single Family Residential) District and C2 (General Commercial) District. Properties to the east are zoned R1 (Single Family Residential) District and AG (Agricultural) District. 3. The subject site is designated on the Future Land Use Plan as Public, Industrial, and Office Business Park. 4. The application would be consistent with the Comprehensive Plan. The Public Works Director clarified, the application before the Commission does not change the size or expand the existing landfill. The zone change is required in order for the Public Works Department to submit an application to the State to renew the landfill permit. He further explained, there would be lengthy approval process including permits from the State, if the intention was to expand the landfill. Dan Albertson of 1700 33rd St SW asked why the zone is being changed now. The Public Works Director stated, as part of a five year application to the State, they must ensure the site is in compliance. The error was made when the land was purchased 30-40 years ago but was found during the application process. Upon questioning, the Public Works Director stated, if the application is not accurate, there is a possibility the State could deny the permit and the City would no longer be able to collect trash. Commissioner Berning spoke regarding concerns submitted by citizens about the proximity of their homes to the property being rezoned. The residents are worried the landfill will expand closer to their property if the zone change is approved. 4|Page PLANNING COMMISSION Regular Meeting September 26, 2016 Page 5 of 5 It cannot be guaranteed, but the Public Works Director stated, the area in question is not large enough to be cost effective as a landfill. Upon further questioning by the residents, it was clarified by Chairman Zimmerman, the application is strictly for a zone change in order to bring the property into compliance. There will be no change from the current use of the land. The Public Works Director stated, he has no problem removing the parcels requested and only changing the zone on the areas already used as the landfill. Wegenast moved the City Council approve an application by the City of Minot represented by Jason Sorenson, to change the zone from AG (Agricultural) District and R1 (Single Family Residential) District to P (Public) District on the parcels used as the landfill and confirm the legal description. Also, the City Council adopt a resolution to amend the Future Land Use Map designation from High Density Residential, Business Office Park, and Industrial to Public on the same property. Motion seconded by Karpenko. Commissioner Neether questioned if there should be a landscaping requirement to create a buffer between the properties. The Planning Director said, staff felt this was an existing use and because of the topographical features, the existing trees created a buffer. Commissioner Neether moved the motion be amended to include a buffering and landscaping requirement on the parcels abutting the R1 zone on the east side of the map, as outlined in the zoning ordinance, seconded by Geinert. The Assistant City Engineer commented, Public zones do not require a buffer as a Public use could be a park. She stated, the Airport recently changed zones to Public and did not require a buffer. Whereupon a vote was taken on the amendment by Neether, seconded by Geinert and failed by the following roll call vote: ayes: Geinert, Hanson, Neether, Wetzler. nays: Berning, Holbach, Karpenko, Wegenast, Zimmerman. Motion Failed Whereupon a vote was taken on the original motion by Wegenast, seconded by Karpenko to approve zone change on the revised legal description based on findings of fact; and was carried by the following roll call vote: ayes: Geinert, Hanson, Holbach, Karpenko, Wegenast, Wetzler, Zimmerman. Nays: Berning, Neether Motion Passed Meeting adjourned at 7:31 pm. 5|Page