Planning Commission

PLANNING COMMISSION MINUTES Regular Meeting April 24, 2017 Page 1 of 6 Location: City Hall, Council Chambers, 515 2nd Avenue SW, City of Minot, ND Meeting Called to Order: April 24, 2017 at 6:30 p.m. Presiding Official: Vice Chairman, Tyler Neether Members in Attendance: Randy Bartsch, Wallace Berning, Jody Bullinger, Matt Geinert, Jon Hanson, Pam Karpenko, Todd Koop, Jynette Larshus, Todd Wegenast. Members Absent: Larry Holbach, Bob Wetzler, John Zimmerman City Staff Present: Planning Director, Principal Planner, Assistant City Planner, City Attorney, City Engineer, Public Works Director, Building Official, Fire Chief, Public Information Officer Others Present: Aldermen Hedberg, Jantzer, Olson, Straight, Podrygula. Meeting Called to order by Vice Chairman Tyler Neether The Vice Chair noted that the application from Northridge Villas LLC for a Subdivision and Zone Change had been postponed. Approval of the February 27, 2017 Regular Meeting Minutes. Motion by Commissioner Karpenko, seconded by Commissioner Wegenast, to approve the February 27, 2017 regular meeting minutes and was carried by the following roll call vote: ayes: Bartsch, Berning, Bullinger, Geinert, Hanson, Karpenko, Koop, Larshus, Wegenast, Neether. nays: none Motion passed Item #1: The Planning Commission approved an application by Aaron and Sonya Faken for a variance to the front yard setback from the required 35’ to approximately 25’ for the purpose of constructing a garage in a RA (Residential Agricultural) District on Beaver Creek Estates, Block 3, Lot 9. This property is located at 5601 38th Street SW. The Principal Planner presented a summary of the project based on the Staff Report. Mr. Lang stated, the applicant is requesting a ten-foot (10’) front yard variance to construct a detached accessory building ten feet closer to the front lot line than the standard setback would allow. Generally thirty-five feet (35’) of setback is required from the front lot line to a structure in RA zoning districts. The applicant is requesting permission to build the accessory building at a setback of twenty-five feet (25’) from the front property line. This property is located in Beaver Creek Estates, a rural residential subdivision west 1|Page PLANNING COMMISSION MINUTES Regular Meeting April 24, 2017 Page 2 of 6 and south of the 37th Street commercial corridor in southwest Minot. The owner plans to construct a detached outbuilding forty-four feet (44’) wide and forty feet (40’) deep on the north side of the existing home. The outbuilding will be used for storage of personal vehicles and effects including a large RV motorhome. The severe change in elevation precludes any reasonable possibility to erect a 40-foot deep outbuilding in compliance with the required front yard setback. By encroaching ten feet (10’) into the required setback, the building can be built. In this case the steep topography of the site qualifies as a justifiable hardship. In addition, the desire to shed the RV in a shelter is a reasonable expectation and the RV is of a size that requires a certain size shed. In addition, practical difficulties come into play here. To expect the owner to construct a smaller size shed to meet setbacks and then leave the RV exposed to the elements is not reasonable, nor is the expectation that the owner sell the RV to buy a smaller one that would fit in a smaller shed. Finding of Facts: 1. The subject property is zoned RA, Agricultural Residential District and the front yard setback in this zoning district is thirty-five feet (35’). 2. The owner has constructed a single-family residence that meets all setback requirements and now desires to build a detached accessory building to store personal items and protect them from the elements. 3. The site topography is such that the elevation of land drops severely from the front side of the lot to the coulee in the rear. 4. A multi-story structure such as a home can be designed and engineered to successfully deal with the changes in grade, but a large single story building such as the proposed accessory building requires a large area that is reasonably level without excessive changes in grade. 5. The existing topography limits the buildable area that is reasonably level to construct a large building with a single finished floor elevation to the front end of the lot. 6. Given the size of the items to be stored and therefore the size of the required building, said building footprint cannot be accommodated in a manner that will meet the thirty-five foot (35’) front yard setback without a variance. 7. A ten-foot (10’) variance to the front yard setback will allow the accessory building to be located next to the primary residence on the north side of it with minimal disruption to the neighborhood. Staff Recommendation: Staff recommends approval of the requested ten-foot (10’) front yard variance based on justifiable hardship and practical difficulty as follows: 1) The steep topography of the site qualifies as a justifiable hardship. 2) It is unreasonable to expect the owner to build a structure that complies with setbacks requirements, but will not suit his needs, based on personal items already owned and the desire to protect them. Vice Chairman Neether called on applicant Aaron Faken to come to the floor. He asked Mr. Faken whether he had considered constructing the shed to the south of the house. Mr. Faken answered, that 2|Page PLANNING COMMISSION MINUTES Regular Meeting April 24, 2017 Page 3 of 6 location would have required approximately 2,000 cubic yards of fill to create a level surface as well as an additional culvert. Vice Chairman Neether then opened the floor to public comment. Hearing none, Vice Chairman Neether closed the floor and called for a motion. Commissioner Wegenast moved to approve the variance based on staff’s findings of fact. Motion seconded by Commissioner Hanson and carried by the following roll call vote: ayes: Bartsch, Berning, Bullinger, Geinert, Hanson, Karpenko, Koop, Larshus, Neether, Wegenast. nays: none. Motion Passed Item #2: Postponed, as previously stated. Item #3: The City Council approve an application by NoArk Partners, Mark Mindt, to subdivide St. Johns Addition, Lot 1 into 2 lots to be known as St. Johns 2nd Addition, Lots 1 & 2. Also, the City Council pass an ordinance to change the zone from R1 (Single Family Residential) District to P (Public) District on proposed St. Johns 2nd Addition, Lot 1. This property is located at the southeast corner of 4th Avenue and 27th Street NW. The Principal Planner presented a summary of the proposal based on the Staff Report. Mr. Lang stated, the City of Minot Fire Department is requesting approval of a subdivision plat and associated rezoning to locate future Fire Station No. 5 at this location to meet nationally recognized emergency response times for fire and EMT service to west Minot. Minot currently has a favorable ISO rating for insurance rates and the City is always working towards improving the ISO rating for the citizens of the entire community within City Limits. An additional fire station in west Minot would be an asset towards achieving a reduced (preferred) ISO rating in the future. This application was withheld for one month to allow the City time to meet with neighboring property owners that had expressed concern and had many unanswered questions. A Town Hall meeting was held at Bel Air School on Thursday, April 6, with good attendance. A presentation by the Minot Fire Department was shared with the neighbors and open discussion, questions and answers with City Staff ensued. Although there still may be persons in opposition to this project, it appeared that most attendees had their concerns addressed and questions answered at the public meeting. A two-lot subdivision is proposed with a rezoning request for one of the resulting lots, the lot that will contain a future fire station. The existing parcel is contained in a single lot currently known as St. John’s Addition, Lot 1 and, if the subdivision request is approved, this parcel will be subdivided into two lots to be known as St. John’s 2nd Addition. Proposed Lot 1 of St. John’s 2nd Addition will contain 1.50 acres of land and is located at the northwest corner of the parcel. This lot is the fire station lot and is also the subject of the rezoning request from R1, Single-Family Residential District to P, Public District because the City of Minot has a zoning district reserved especially for public facilities. The remaining Lot 2, 3|Page PLANNING COMMISSION MINUTES Regular Meeting April 24, 2017 Page 4 of 6 consisting of 6.39 acres of land, will remain zoned R1 for development of single-family homes in the future. The Future Land Use Map shows this entire neighborhood to be designated as “Low Density Residential.” There was much discussion concerning zoning, among other topics, at the Town Hall meeting. The properties around the subject parcel are zoned R1 and used as single-family housing for quite a ways in all directions with the exception of the church to the south. However, there are also two lots on the west side of 27th Avenue that are zoned commercial across the street from this property. The Future Land Use Map shows this area to be best suited for low density residential, which it primarily is. Many people at the public meeting were concerned that something else undesirable, other than single- family housing, may wind up at this location if a fire station is allowed first. Staff explained to the group last week that all rezoning requests require a series of required actions by state law. A fire station is a necessary public service and locations for satellite stations based on population distribution and need within a community will drive the location of such facilities. During the Power Point presentation last Thursday, a slide was shown that depicted the current coverage area for the four existing stations based on a four-minute response time. The same slide was shown to the Planning Commission. Another slide depicted the improvements in response time to west Minot if a west station were approved as requested. A third slide depicted another location, also in west Minot but further north and west, which would provide great coverage to undeveloped agricultural fields in northwest Minot, but leave gaps in coverage of developed areas that need adequate fire and emergency response today. These slides were also presented to the Planning Commission. The new fire station will display a residential appearance to be compatible with existing residential neighbors. FINDINGS OF FACT: 1. The subject property is zoned R1, Single Family Residential District, and this zoning is in compliance with the Future Land Use Map designation of “Low Density Residential.” 2. The City of Minot has selected a portion of the existing parcel as the preferred location for a satellite fire station to serve western Minot. 3. A suitable sized lot must be subdivided from the remainder for the fire station location. 4. A two-lot subdivision is required. 5. All public improvements are available to the site. 6. A fire station is most properly located in the P, Public District. 7. The fire station lot will be rezoned to P, Public District while the remaining lot will retain the present zoning status of R1, Single-Family Residential allowing future development of single- family residential housing around the station. RECOMMENDATION & CONDITIONS: 4|Page PLANNING COMMISSION MINUTES Regular Meeting April 24, 2017 Page 5 of 6 Staff recommends approval of the requested rezoning and two-lot subdivision subject to the following conditions: 1. A thirty-foot (30’) wide drainage easement shall be dedicated with fifteen feet extending in each direction perpendicular to the centerline of the drainage ditch across proposed Lot 2. Said easement shall be labeled as a “30-foot Drainage Easement” and shown on the Final Plat. 2. The proposed east property line of Lot 1 shall align with the west right-of-way line of Bel Air Way NW as platted on the north side of 4th Avenue NW. This information shall be provided by a registered Surveyor. Vice Chairman Neether opened the floor to public comment. Larry Entzel expressed opposition, stating that all the other fire stations are in commercial districts and expressed concerns about property values and traffic on 27th Street, stating that it is very narrow and should be widened. Vice Chairman Neether called on City Engineer Lance Meyer to address the concerns about traffic. Mr. Meyer replied, he had no concerns about traffic generated by the proposed fire station. Traffic concerns would be addressed when the larger parcel is developed, and access from 27th Street would be addressed before the fire station is constructed. George Franklin expressed support for the subdivision. Vice-Chairman Neether closed the floor to public comment and brought the issue to the Commission for discussion. Commissioner Karpenko moved the City Council approve the item based on staff conditions. Whereupon a vote was taken on the motion by Commissioner Karpenko, seconded by Commissioner Bartsch and was carried by the following roll call vote: ayes: Bartsch, Berning, Bullinger, Geinert, Hanson, Karpenko, Koop, Larshus, Neether, Wegenast. nays: none. Motion Passed Item #4: The City Council pass an ordinance adopting the following changes to the City of Minot Zoning Ordinance, Chapters 1, 5, 8, 9, 11-15, 22, 29, and 30, as recommended by the Steering Committee. Mr. Lang stated, the Steering Committee had met to review several proposed changes to the Zoning Ordinance. In Chapter 1, the table showing the obsolete and current districts would now show that the former C-4 (Planned Commercial) district would henceforth adhere to C2 (General Commercial) district with a PUD (Planned Unit Development) overlay. In the R1, C2, M1, and M2 districts, a minimum lot size of 2 acres had been established for properties with wastewater disposal systems in the extraterritorial jurisdiction. In Chapter 13, minor changes to PUDs that may be approved by Planning staff as opposed to major changes that require approval of the Planning Commission would be more clearly defined. Planning Director Robert Davis added that these changes were being proposed to streamline the development process and provide better public service. With regards to C-4 District, he pointed out that while numerous lots remain in that district, it was not given a replacement district unlike other districts. This has created a great deal of confusion with developers, and by declaring the former C-4 districts subject to C2 standards with a PUD overlay and authorizing the Planning staff to approve clearly defined 5|Page PLANNING COMMISSION MINUTES Regular Meeting April 24, 2017 Page 6 of 6 minor modifications, he hoped to make the development process more efficient. Mr. Lang went on to state that C-4 had also been reinstated into the signage and off-premise signage regulations to eliminate confusion. Finally, the responsibility of enforcing the zoning ordinance had been changed from the City Engineer to the Planning Director. Changes to the outdoor seating regulations in the C3 (Central Business) District, Section 12-5a, had also been proposed but would be postponed to the following meeting for further review. Commissioner Karpenko asked what changes had been made for outdoor seating. Mr. Davis answered, the City Attorney normally reviews changes after they have been approved by the Planning Commission to avoid multiple revisions, but he may consider henceforth submitting drafts to the City Attorney in advance of Planning Commission meetings. In this case the City Attorney had expressed concerns that the proposed language would give the false impression that the Planning Commission is authorized to approve encroachment permits. Commissioner Karpenko asked whether the City Council had recently passed a similar ordinance. City Attorney Kelley Hendershot answered, the Council had passed an ordinance with identical language to what had been proposed for the Zoning Ordinance, and clarified that she wanted to ensure there would be no confusion or inconsistency between separate sections of the Ordinance. Vice Chair Neether called for a motion. Commissioner Karpenko moved to approve changes. Rolly Ackerman of the Steering Committee came forward. He requested that the words “8 affirmative votes” be stricken from Section 30-3e as there would soon be fewer Council members. Ms. Hendershot responded that the smaller Council would not take office until the beginning of July and that the Planning Commission had already approved changes to the Zoning Ordinance taking this into account. Commissioner Karpenko asked whether Section 30-3e was correct as proposed or still needed to be changed. Ms. Hendershot answered that she could not recall whether the changes previously approved specifically defined a majority vote and would need to review those changes. Vice Chairman Neether opened the floor to public comment. Hearing none, Vice-Chairman Neether closed the floor to public comment and brought the issue to the Commission for discussion. Commissioner Karpenko moved to approve changes to Chapters 1, 5, 8, 9, 11-15, 22, 29, and 30; and table the changes to Section 12-5a, and Section 30-3e. Commissioner Berning seconded the motion but questioned how all the changes would be reflected in the minutes. Vice Chair Neether replied that the changes approved would be attached to the minutes. Hearing no further discussion, Vice Chair Neether called for the vote and the motion was carried by the following roll call vote: ayes: Bartsch, Berning, Bullinger, Geinert, Hanson, Karpenko, Koop, Larshus, Neether, Wegenast. nays: none. Meeting adjourned at 6:59 pm. 6|Page