Planning Commission

PLANNING COMMISSION Regular Meeting January 30, 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: January 30, 2016 at 6:30 p.m. Presiding Official: Chairman, John Zimmerman City Clerk: Kelly Matalka Members in Attendance: Randy Bartsch, Wallace Berning, Jody Bullinger, Jon Hanson, Pam Karpenko, Todd Koop, Jynette Larshus, Tyler Neether, Todd Wegenast, John Zimmerman Members Absent: Matt Geinert, Larry Holbach, Bob Wetzler City Staff Present: Principal Planner, Assistant City Planner, City Manager, City Attorney, Airport Director, City Engineer, Asst. City Engineer, Traffic Engineer, Building Official, Public Information Officer Others Present: Aldermen Jantzer, Pankow, Straight. Meeting Called to order by Chairman John Zimmerman Approval of the November 28, 2016 Regular Meeting Minutes. Motion by Commissioner Karpenko, seconded by Commissioner Koop, to approve the November 28, 2016 regular meeting minutes and was carried by the following roll call vote: ayes: Bartsch, Berning, Bullinger, Hanson, Karpenko, Koop, Larshus, Neether, Wegenast, Zimmerman. nays: none Motion passed RECOMMENDATIONS Item #1: The Planning Commission held a request by SRT Communications, Inc., represented by Seth Arndorfer, Dakota Carrier Network, for Conditional Use Permits to place six 35’ mono-pole cell towers in the public right-of-way as follows: adjacent to Carlson’s Addition, Lot 1; IRET 2nd Addition, Block 1, Lot 1; and Prairie Green 2nd Addition, Block 1, Lot 1; Block 17, Lots 1 & 2, and Block 18, Lot 9; and Rearrangement of Lots 5 & 8, Block 22, Prairie Green 2nd Addition, Lot 8. The sites are located at 22nd Avenue and 10th Street SW, 31st Avenue and 16th Street SW, 28th Avenue and 10th Street SW, 31st Avenue and 13th Street SW, and 24th Avenue and 15th Street SW respectively. 1|Page PLANNING COMMISSION Regular Meeting January 30, 2016 Page 2 of 5 Findings of Fact: 1. The applicant has submitted a complete application for a Conditional Use Permit as required by the zoning ordinance. 2. If approved, the permit is valid for six (6) separate monopoles at six (6) different locations as described in the submittal. 3. The applicant has met with City Staff to coordinate the final locations on City street right-of-way and to avoid any location conflicts. 4. If approved, the CUP lists four (4) conditions that the applicant must abide by. 5. There is no expiration date associated with this CUP permit. Future Considerations: The City can expect to see many more of these requests as multiple wireless carriers continue to add sites to improve service. The Planning Department will be researching alternative approaches, such as co-location of more than one user on a single pole to avoid a proliferation of such structures on the public right-of-way. Other considerations may be limitations in residential areas and minimum separation distances between such wireless facilities. Conditions: 1. Poles must be a minimum of 3 feet behind the curb (back of curb to face of pole). Poles can be no closer than 8 feet from the property line. 2. Dakota Carrier Network must abide and conform to all requirements in the franchise agreement with SRT. SRT must assign rights to Dakota Carrier Network. Or, Dakota Carrier Network must apply for an encroachment permit from the city council for each location requested. 3. Applicable building permits and right of way permits must be applied for and approved before construction can begin. 4. Applicant must provide an engineer’s report and comply with all structural, electrical, and safety codes. 5. As-built locations must be provided to the City after construction. Alderman Pankow came forward to represent IRET and Ward 6. He explained, a section was added to the ordinance pertaining to towers to minimize adverse effects of towers, both visually and from structure failure. The requested locations near the mall would have a negative effect on the surrounding properties which spent a significant amount of money to be there. He requested the item be held so that he, IRET and SRT get a chance to discuss other options. He added, the staff report includes information on future considerations which says the City expects to see many more of these requests. Alderman Pankow said he wants to make sure it is done correctly. Michael Mack, representing Dakota Carrier Network, stated, he is working with Verizon Wireless across the state, adding small cells to increase capacity by honing in to certain regions to relieve macros. He explained, all the bandwidth from the current tower can be used up primarily by the mall patrons. Studies have been conducted and identified areas around the mall as prime locations for towers but he said he is willing to work with the City on specific locations. He stated however, he has a deadline and if it is not approved by the City within the timeframe, the towers would be removed from Verizon’s list. 2|Page PLANNING COMMISSION Regular Meeting January 30, 2016 Page 3 of 5 Commissioner Neether asked about other options, for example, using poles already in place. Mr. Mack replied by saying, he is not aware of any current poles and said, they have tried to work with Dakota Square Mall for months and have been unsuccessful. He continued by saying, the poles they plan on installing will be capable of holding multiple carriers so after Verizon is connected, they will be able to add others in the future without adding more poles. Upon questioning by Commissioner Karpenko, Mr. Mack clarified, the current macro is serving everything within a five mile radius. The mall traffic and surrounding restaurants are probably the primary users but anyone in that area is accessing it. Whereupon Commissioner Karpenko moved the Planning Commission hold the item for one month. Motion seconded by Commissioner Neether and carried by the following roll call vote: ayes: Bartsch, Berning, Bullinger, Hanson, Karpenko, Koop, Larshus, Neether, Wegenast, Zimmerman. nays: none Motion Passed Item #2: The City Council pass an ordinance approving an application by Todd Berning, Magic Meadows, represented by Trevor Tharaldson, AE2S Engineering, to change the zone from R-4 (Planned Residential) District to C1 (Neighborhood Commercial) District on Highlander Estates Addition, Lot 13 for the purpose of accommodating a future office park. Also, to adopt a resolution to amend the Future Land Use map from General Mixed Use to Neighborhood Commercial on Highlander Estates Addition, Lot 13. This property is located at the northwest corner of 37th Avenue and 23rd Street SW. Findings of Fact: 1. The subject property is currently zoned R-4, a residential zoning district. 2. The owner does not wish to pursue residential development of this parcel, rather the proposed use is general office. 3. The parcel must be rezoned to accommodate the proposed use from R-4 to C1. 4. The zone change prompts an amendment to the future land use map. 5. The parcel is bounded on three sides by commercial zoning and to the east, the commercial property is developed in a similar manner as to what the owner proposes here. 6. With the future hospital site to the immediate south and anticipated residential and commercial development in this area, staff foresees this area to provide a mix of uses and the neighborhood commercial zoning for this site is appropriate for that mix of uses. 7. The parcel is located on an arterial roadway, a well suited site for commercial development. Conditions: 1. Traffic impact study is required before development can begin and required improvements must be constructed by the developer. 2. Storm water management plan must be submitted to and approved by the city engineer. 3|Page PLANNING COMMISSION Regular Meeting January 30, 2016 Page 4 of 5 3. Elevation certificates are required for parcels within the 100 year floodplain. Buildings must be elevated per city ordinance requirements. 4. Utility connection fees must be paid. 5. Sidewalks are required along all platted right of ways. 6. Developer’s agreement with the city of Minot is required to be approved and recorded when future replatting occurs or prior to development of Lot 13. The Principal Planner clarified, contrary to what was stated on the agenda, if approved, the Future Land Use map will be changed from “General Mixed Use” to “Neighborhood Commercial” on Highlander Estates Addition, Lot 13. He then reviewed the conditions. Trevor Tharaldson, from AE2S, confirmed the client agreed to all conditions. Whereupon Commissioner Neether moved the City Council approve the item based on staff findings of fact and conditions. Motion seconded by Commissioner Wegenast and carried by the following roll call vote: ayes: Bartsch, Berning, Bullinger, Hanson, Karpenko, Koop, Larshus, Neether, Wegenast, Zimmerman. nays: none Motion Passed Item #3 The City Council approve the application by Danny Schatz represented by Sean Weeks, Ackerman- Estvold Engineering, to subdivide Outlot 19 less Lots A-C, Section 29-155-82; Southeast Ridge Business Park Addition, Block 1, Lots 16-17; and Block 2 less the east 197.45’ plus vacated 13th and all of vacated 15th Avenues southeast of Feist Subdivision of a portion of Gold Nugget Addition into 24 lots to be known as Southeast Ridge Business Park 2nd Addition, Block 1, Lots 1-17, Block 2, Lots 1-7. Also, pass an ordinance to change the zone from MH (Manufactured Home) to M1 (Light Industrial) District on proposed Southeast Ridge Business Park 2nd Addition, Block 1, Lots 1-17, Block 2, Lots 1-7. Also, adopt a resolution to amend the Future Land Use map from “Medium-density Residential” designation to “Industrial” on proposed Southeast Ridge Business Park 2nd Addition, Block 1, Lots 1- 17, Block 2, Lots 1-7. This property is located to the southeast of the intersection of 13th Avenue and 35th Street SE. Findings of Fact: 1. The subject property is currently zoned MH, residential manufactured home district. 2. The adjacent property to the east and southeast is currently zoned M1 and partially developed. The property to the north is zoned MH and contains a large manufactured home park. The property to the west is zoned C2 and is vacant on the east end but there are manufactured homes on the west two-thirds or so of the property. 3. The owner does not wish to pursue residential development of this parcel, rather the proposed use is for an industrial subdivision with shop buildings. 4. The parcel must be rezoned to accommodate the proposed use from MH to M1. 4|Page PLANNING COMMISSION Regular Meeting January 30, 2016 Page 5 of 5 5. The zone change prompts an amendment to the future land use map. 6. Given the location of this parcel tucked away behind a large manufactured home park, and bounded by the Souris River along the south and southwest sides, this parcel is not well suited for commercial development, but is appropriate for light industrial development as proposed. Conditions: 1. Traffic impact study is required and improvements must be constructed by the developer. 2. Stormwater Management Plan must be submitted to and approved by the City Engineer. Storm sewer and pond improvements outside of public right of way must be owned and operated by the developer or a property owners association. Pond and outfall of Southeast Ridge Business Park Addition must be incorporated into the proposed improvements and agreements for Southeast Ridge Business Park 2nd Addition. 3. Additional 20’ of permanent easement must be added to the existing sewer easement on Lot 7 Block 1. 4. Elevation certificates are required for parcels within the 100 year floodplain. Buildings must be elevated per city ordinance requirements. 5. Utility connection fees must be paid. 6. Developer’s agreement with the city of Minot is required to be approved and recorded prior to recording of this plat. Sean Weeks, of Ackerman Estvold came forward to represent the applicant. He confirmed sidewalks are not one of the conditions for approval. Whereupon Commissioner Wegenast moved the City Council approve the item based on staff findings of fact and conditions. Motion seconded by Commissioner Karpenko and carried by the following roll call vote: ayes: Bartsch, Berning, Bullinger, Hanson, Karpenko, Koop, Larshus, Neether, Wegenast, Zimmerman. nays: none Motion Passed Meeting adjourned at 6:59 pm. 5|Page