Planning Commission

PLANNING COMMISSION MINUTES Regular Meeting May 30, 2017 Page 1 of 17 Location: City Hall, Council Chambers, 515 2nd Avenue SW, City of Minot, ND Meeting Called to Order: May 30, 2017 at 6:50 p.m. Presiding Official: Vice Chairman, Tyler Neether Members in Attendance: Randy Bartsch, Jon Hanson, Pam Karpenko, Jynette Larshus, Todd Wegenast, Bob Wetzler. Members Absent: Wallace Berning, Jody Bullinger, Matt Geinert, Larry Holbach, Todd Koop. City Staff Present: Planning Director, Principal Planner, Assistant City Planner, Planning Intern, City Attorney, City Engineer, Assistant City Engineer, Assistant Public Works Superintendent, Building Official, Fire Marshal, Traffic Engineer Others Present: Aldermen Jantzer, Olson, Podrygula. Meeting Called to order by Vice Chairman Tyler Neether Approval of the April 24, 2017 Regular Meeting Minutes. Motion by Commissioner Karpenko, seconded by Commissioner Wegenast, to approve the April 24, 2017 regular meeting minutes and was carried by the following roll call vote: ayes: Bartsch, Hanson, Karpenko, Larshus, Wegenast, Wetzler, Neether. nays: none Motion passed Item #1: The City Council approve an application by Northridge Villas LLC, represented by John Zimmerman, to subdivide Northridge Villas Addition, Block 1, Lots 1-34 into 34 lots to be known as Northridge Villas 2nd Addition, Lots 1-34. Also, to change the zone from R1 (Single-family Residential) District to R2 (Two-family Residential) District with a PUD (Planned Unit Development) overlay on Northridge Villas 2nd Addition, Lots 1-34. The property is located to the west of the intersection of 9th Avenue and 27th Street NW. Principal Planner Lance Lang presented the staff report. REQUEST(S): The development team from Northridge Villas submitted an application and support documentation for this project for the Planning Commission meeting last month in April, but the project was withdrawn by the applicant. The applicant has requested the project to move forward at the upcoming (this) meeting which includes: 1|Page PLANNING COMMISSION MINUTES Regular Meeting May 30, 2017 Page 2 of 17 1) A request to rezone the entire property containing 10.123 acres from R1, Single-Family Residential District, to R2/PUD, Two Family Residential District with a Planned Unit Development overlay. 2) The PUD overlay is incorporated as an approach to present a residential development concept that is unique to the Minot community, the details of which will be reviewed in this staff report. 3) A replat of the Northridge Villas Addition to Minot to become Northridge Villas 2nd Addition, a proposed 34-lot subdivision. BACKGROUND: A development proposal for the Northridge property was originally submitted in 2012 as an R-4 request, prior to the adoption of the Planned Unit Development overlay. The intent for the R- 4 project was similar to a PUD approach with smaller lots, flexibility in setbacks and incorporation of amenities as part of the overall concept. The proposed unit types were all single-family dwellings. The project was denied. In March 2013, the team brought forward a concept that was based on R-1 density, and every lot exceeded the minimum lot size of 7,500 square feet. This concept was approved. The utilities required to serve the subdivision were in place by August 2013, and the streets were paved the next construction season. Prior to that a large tract of land to the north of the Northridge site was subdivided and began to develop at a fast pace in the post-flood market. This subdivision is known as Eagle’s Landing and consists of 178 single-family lots. The Northridge team became interested in alternative housing options, focusing in on a concept that they refer to as a “split villa” which is a type of two-family residential structure, top to bottom or side to side. Even though utilities and the streets were in place in Northridge, the team submitted a revised plan featuring a choice of single-family or split-villas on the platted Northridge lots. Throughout this process in 2012, 2013, and leading up to the present submittal, City Staff met with the development team and has been supportive of the project albeit with some conditions. However, neighboring property owners have continued to voice concerns in opposition to the development. A protest petition has been circulated and submitted to the City. City staff has also received phone calls and discussed various issues with concerned citizens. The developers have hosted several neighborhood meetings to discuss the project with neighboring property owners. DISCUSSION: SUMMARY: The development team is requesting a PUD overlay for this development in order to gain market flexibility in unit types and provide a unique development unlike any other in Minot. The project is a good candidate for PUD overlay as it proposes several different floorplans of both single-family and split-villa townhomes. Although the development team has targeted lots for 20 split-villas and 13 single family homes, according to the developer there is some flexibility for whoever purchases a lot in this subdivision to choose which floorplan they would like to have built. Eight of the lots can only accommodate a single-family home based on the existing topography, but a single-family home could be built on the remaining lots as well. The maximum density of the split villas is a two-family unit, although the lot sizes and overall development density are based on R1 zoning. The proposed density at Northridge is somewhere in the range of 7 to 7.8 dwelling units per acre. The final density measure will depend on the ratio of single-family homes to twin villas. More single-family homes will lower the overall density. The Future Land Use Map for this property designates the recommended use category as “Low Density Residential” (LDR). The 2013 Comprehensive Plan defines Low Density Residential as “Single-Family detached and two-family residential development at a density of 4 to 6 units per acre.” However, according to the zoning ordinance, the proposed density is within the allowable density range for R1 Single-Family Residential at 4 to 8 dwelling units per acre. The 2|Page PLANNING COMMISSION MINUTES Regular Meeting May 30, 2017 Page 3 of 17 Comprehensive Plan is a guide and the zoning ordinance is law. The Northridge layout clearly falls within the acceptable R1 range, albeit on the higher end. The Northridge community is a residential infill project on sloping topography bounded by existing development on the east and south and by a drainage way to the west and north with the west 52 Bypass nearby to the west. A Homeowners Association (HOA) will be formed. A large greenway with a walking trail and extensive landscaping is proposed adjacent and west of the development known as Peterson Greenway however, the property is not under the control of the applicant. This open space is not actually part of the Northridge property, but the developer has held preliminary conversations with the Minot Park District and made a commitment to fund and construct trail and landscape improvements, the extent of which is uncertain. The Park District is interested in this open space for a future public park connecting it into the area trails network to the south and the west but it is not owned or controlled by the Northridge developer(s). This means that Northridge Villas has no open space amenities to offer as part of the PUD package unless the greenway is purchased by the developer or the greenway is dedicated to the Parks District by the current owner. The PUD ordinance is intended to encourage more creative and efficient use of land and, where possible, preserve natural features and incorporate them into the development as an amenity. Northridge has been carefully planned to provide home sites that fit the character of the sloping topography. The PUD ordinance relies on the underlying zoning as a base for uses and lot standards; therefore in this case R2 standards will apply since R2 allows the construction of single-family homes as well as the two-family villas. As previously stated, the lots themselves are purposely sized to meet R1 size standards and therefore, to meet R1 density. The zoning ordinance requires that all single family and two-family units provide a minimum of two off street parking spaces (not located in the front yard). The proposed homes including the two-family units will have two car garages for each unit. ISSUES: Records of meetings in past years, including meeting minutes and other information researched in the files show the following concerns to be major issues raised by neighboring property owners. In more recent discussions the issues remain the same. 1) Traffic. A traffic analysis was performed for this site by a professional engineer in 2013. The City Engineer has requested and has received an updated letter stating that there has been no significant changes since the 2013 results were provided. A review of the traffic analysis from 2013 and with the current proposal indicates that no roadway improvements will be required when Northridge is built-out, even if all lots are occupied by twin villas instead of single-family homes. The traffic analysis conducted by Moore Engineering in 2013 was based on all 33 lots being developed with two-family homes. In actuality, this is a worst case scenario since some of the lots (13 as shown) will be developed with single-family homes. Anticipated traffic from the proposed 33 lots was added to the current and foreseeable traffic that existed on the area roadway network (including all the traffic from Eagles Landing). The findings of the report state that a total daily traffic volume (total cars in one day) of 362 vehicles would be anticipated from Northridge. For comparison purposes, a threshold number of 750 daily trips would cause the need for a traffic impact study (a difference of 388 trips). The report goes on to say that the highest peak hour (most cars in a given hour) is anticipated to be 34 cars where 100 cars would be the measure causing concern for more scrutiny (difference of 66 trips). 27th Street NW is one of the few north-south streets in this area that extends significant distances in either direction, thus serving as a collector street conveying a good amount of traffic. It is a public street designed for use by the general public to get from point A to point B, traveling through intervening 3|Page PLANNING COMMISSION MINUTES Regular Meeting May 30, 2017 Page 4 of 17 neighborhoods. The traffic study clearly shows that the street network can handle another 33 lots at this location, whether they are developed with two-family or single-family homes. The amount of construction activity in Eagles Landing has generated traffic that is roughly five times the impact of Northridge. Recently, construction activity in Eagles Landing has diminished considerably and the roadway network to the north has been expanded considerably, both positive factors for local traffic. 2) Density. Northridge is not a large sprawling suburban development. The proposed subdivision contains just 33 residential infill lots. In comparison, Eagles Landing contains close to 200 lots. The Northridge lot layout proposes a maximum density less than eight units per acre, which is within the density range considered as low density. Density is defined as; “The number of families, individuals, dwelling units, households, or housing structures per unit of land.” The Minot Zoning Ordinance allows a density range of four to eight dwelling units per acre for the R1, Single-Family Residential District. Many neighbors are concerned about the density of the proposed development. Some people are of the opinion that all 33 lots should be single-family lots. The proposed density falls within low density R1 parameters regardless of whether a single-family home or a twin villa is constructed on any given lot. In addition, as previously explained with the traffic study, an increase in the number of cars per household if twin villas are built instead of single-family is not a factor. The twin-villas that are proposed are not multiple family dwellings; they are two-family dwellings. Multi-family dwellings are defined as; “A building containing three or more dwelling units, including units that are located one over the other, including garden apartments and mid-and high-rise apartment buildings. The proposed twin-villas are a type of two-family dwelling unit defined as; “A building containing two single family dwelling units totally separated from each other by an unpierced wall extending from ground to roof ownership.” A Home Owner’s Association is being created at Northridge that will be equivalent to a condominium style ownership regime with association maintenance of the common areas. CITY STAFF CONSIDERATIONS: ZONING AND LAND USE: The proposed R2 base zoning with a PUD overlay makes sense for this property allowing a mix of low- density dwelling types. The Northridge development team has provided a detailed prospectus for the Planned Unit Development package including ten objectives with information about this unique residential development. They feel that this development will “set the standard” for future PUD applications in the City of Minot. Staff has accepted the proposed density not to exceed eight (8) dwelling units per acre, on the high end for low density and will not support an increase above this value. The missing piece to the PUD proposal is common open space. There is no significant open space within the Northridge development site. ACCESS AND CIRCULATION / STREET NETWORK /UTILITIES The streets and utility systems will be private, maintained by the HOA, except that the City will maintain the sanitary sewer lift station if the developer purchases and installs a back-up generator to City specifications. The street paving is installed. Discussion was held regarding the utility service lines. At one point, discussions were held in regards to removing lines that did not work with a replat of the property. At his point however, it is Staff’s understanding that the proposed plat is configured so as to eliminate any need to remove existing service lines or install new ones. If this is not correct, the Applicant will need to work with the Public Works Department to resolve these issues. 4|Page PLANNING COMMISSION MINUTES Regular Meeting May 30, 2017 Page 5 of 17 BUILDING MATERIALS AND ARCHITECTURE / LANDSCAPING AND BUFFER SCREENING PLANS: Floorplans and elevations have been submitted for four split-villa homes and three single-family homes. All feature attractive combinations of construction materials and pleasing residential architectural design. The split-villas range from 1,980 to 2,900 square feet, three and four-bedroom with 2.5 to three baths. The split-villas are designed to look like large single-family homes. The development team is committed to a “green” project for a sustainable development for years to come. SUBDIVISION PLATS Some minor adjustments are proposed to some of the lot lines causing a new plat known as Northridge Villas 2nd Addition to be created. The number of lots remains unchanged at 34 total lots (one lot reserved for sanitary sewer lift station). OPEN SPACE/PARKS DISTRICT The development team met with the Minot Park District regarding the 17-acre green space on the west side of Northridge Villas. After preliminary discussion, the Park District is interested in having this land dedicated as a public park and having the Northridge developer construct a ‘hike-bike’ path through the greenway to city specifications and plant trees and landscaping as shown on the development concept. The ultimate goal will be to connect the trail south to the existing 4th Avenue trail and possibly west up the embankment to the West Bypass trail. The problem is that this property is not part of the Northridge Villas. This land must be purchased by the developer or dedicated to the Park District by the current owner. Otherwise, all amenities proposed for the Northridge Villas project PUD shall be contained on property that is owned by the developer, and there does not appear to be any. FINDINGS OF FACT: • This Future Land Use Map identifies this site as “Low Density Residential,” single-family attached and two-family residential. The proposed density falls within the definition of R1, single-family residential zoning. The ratio of unit types will affect the overall density. • The property is currently zoned R1 and is platted into 33 residential lots and one other lot for utility purposes. • Street paving and city utilities to serve this subdivision are constructed and in place. • The developer would like offer a mix of twin-villa homes and single-family homes and therefore must rezone to R2. • The developer envisions a unique residential community, managed by a homeowners’ association with associated site amenities available to residents seeking this type of life style. This approach lends itself to the creation and implementation of a Planned Unit Development Overlay. The rezoning request therefore, becomes R2/PUD. • The developer is maintaining the lot sizes and layout from the original approval in 2013 at R1 density, however some revisions to lot lines cause the need for a new subdivision plat to be known as Northridge Villas 2nd Addition. • The developer does not own the proposed open space associated with this PUD. RECOMMENDATION & CONDITIONS: Staff recommends approval of the requested rezoning, PUD submittal and subdivision subject to the following conditions: 5|Page PLANNING COMMISSION MINUTES Regular Meeting May 30, 2017 Page 6 of 17 1) A Developer’s Agreement with the City is required before the plat can be recorded. 2) Developer to upgrade existing lift station on Lot 9 to 440 volts to meet City standards, or developer to provide a 220 volt backup generator for the lift station to meet City specifications per the Public Works. 3) The applicant shall acquire or have the property owner dedicate the +/- 17 acre open space known as the Peterson Greenway to the Minot Park District for public park purposes and the applicant shall be responsible for the development and construction of the hike-bike trail with connections to the existing trail system at 4th Avenue NW and at the west Bypass. The applicant shall also be responsible for the proposed landscape plantings within Peterson Greenway as shown in the PUD application, and any other work in agreement and coordination with the Minot Park District. Division and assignment of responsibility and scope of work for open space improvements as well as any required timelines or deadlines, shall be established and set forth in the Development Agreement or in a separate agreement with the Minot Park District. 4) The PUD submittal including all exhibits and drawings shall be made part of the Developers Agreement by reference. 5) Erosion Control requirements were previously established for this development and remain in effect through construction. 6) Utilities and streets will be privately owned and maintained by a Homeowner’s Association, by- laws and incorporation papers for said association required prior to filing of the Final Plat. Mr. Lang stated, the two most pressing issues raised by the neighbors were related to density and traffic. Density would be limited to 7-8 units per acre. City staff would not support a higher density. The PUD will restrict this development to one or two-family dwellings only. Traffic will be less than half the amount to necessitate street improvements, with only 350 vehicles per day, and 34 vehicles at the peak hour. Vice Chairman Neether asked Mr. Lang whether the developer’s agreement would limit the density to 8 units per acre. Mr. Lang replied, the PUD application would already cap the density at 8 units per acre, but there was no reason the Commission could not impose a redundant restriction on density in the developer’s agreement. Applicant John Zimmerman addressed concerns and objections expressed in a letter submitted by Laurie Schmaltz. Donna Bye of Houston Engineering then gave a presentation on the project. She stated that the split-villas are being marketed primarily to “snowbirding” or “empty-nest” retired couples. Commissioner Hanson questioned whether the proposed trail and greenway would meet Condition 3. Mr. Lang answered, the City would prefer to have the Peterson Greenway property under the ownership of the Park District. Mr. Zimmerman affirmed that was the intent. Commissioner Bartsch questioned whether the public would have access to the trail. Mr. Zimmerman answered, that was the intent. Commissioner Karpenko asked whether the Peterson Greenway property would not be useful otherwise. Mr. Zimmerman affirmed that was the case, and added that there were also historical artifacts on the property. 6|Page PLANNING COMMISSION MINUTES Regular Meeting May 30, 2017 Page 7 of 17 Commissioner Wetzler questioned how the privately maintained streets may affect accessibility by the public. Mr. Lang answered, the streets and trails would be accessible to the public. Commissioner Wetzler then questioned whether the homeowners’ association or a future owner could erect a gate some years later. Planning Director Robert Davis responded, there have been precedents for HOAs restricting access by the public. Mr. Lang answered, the trail cannot be restricted from public use after it is deeded to the Park District. Commissioner Bartsch asked Ms. Bye to elaborate on the statement in her presentation of what problems would arise without rezoning to R2. Ms. Bye replied, the aftermath of the 2011 flood had created a chaotic situation with developers prematurely selling off newly platted lots which were in high demand, and the intent was to develop Northridge Villas in a simplified and orderly manner. Vice Chairman Neether pointed out that one of the previous submittals had included off-street parking stalls and asked whether that was still in the plan. Ms. Bye answered, the wider streets and lower density in this submittal would allow for adequate on-street parking. Vice Chairman Neether then opened the floor to public comment. Angie Bonness stated, she and most of the other neighbors wished for the subdivision to retain R1 zoning. The applicants had never disclosed or provided the documents for the homeowners’ association. She challenged the findings of the traffic study, speculating that once access to 19th Avenue NW would be closed off from the bypass, 27th Street NW would in turn see an increase in traffic. Kevin Bonness stated, this was the third or fourth time a multi-family development had come before the Planning Commission. He also opposed the rezone to R2. Jonathan Cornejo expressed concerns about having as many as four or five neighbors behind his residence. He questioned the need for a retired couple needing a 5-bedroom dwelling. John Zimmerman addressed the concerns of the neighbors. He stated that the market will ultimately determine how the development proceeds, within the parameters established by the PUD and developer’s agreement. Steve Schmaltz stated, his wife had written the letter in opposition but was unable to attend this meeting. He expressed skepticism that the developers would follow through with what had been promised. Vice Chairman Neether closed the floor to public comment and called for a motion. Commissioner Karpenko moved to approve the variance based on staff’s findings of fact. Motion seconded by Commissioner Wegenast and carried by the following roll call vote: ayes: Hanson, Karpenko, Wegenast, Neether. nays: Bartsch, Larshus, Wetzler. Motion Passed Item #2: 7|Page PLANNING COMMISSION MINUTES Regular Meeting May 30, 2017 Page 8 of 17 The City Council approve an 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 5 lots to be known as Southeast Ridge Business Park 2nd Addition, Lots 1-5. Also, to change the zone from MH (Manufactured Home) to M1 (Light Industrial) District on proposed Southeast Ridge Business Park 2nd Addition, Lots 1-5. This property is located to the south of 13th Avenue between 35th and 37th Streets SE. Mr. Lang presented the staff report. SUMMARY/CONDITIONS/ISSUE: This property was before the Planning Commission five months ago for a replatting and rezoning from MH (Manufactured Home) District to M1 (Light Industrial) District and a Comp Plan change from Manufactured Home to Industrial. It was approved by the Planning Commission and forwarded to City Council where it was also approved. The plat, however, was never recorded and consequently the rezoning never took effect. In the interim, the owner has decided to do things a bit differently and the project is back before the Planning Commission today. Although the zoning request and proposed land use are the same as before, the owner has decided that the property layout should be adjusted to fewer but larger lots with multiple buildings on lots as opposed to each lot containing one building. The entire tract contains 19.25 acres. The lots range in size from the largest lot at 7.67 acres to the smallest lot at 1.63 acres. All the lots meet or exceed the required minimum lot width of fifty feet (50’) and minimum lot depth of one hundred feet (100’). An Owner’s Association will be formed for maintenance of common areas. The current owner will retain ownership of the land and lease or rent each building. With the existing light industrial zoning to the east of this parcel and limited access and exposure from the street network and the presence of the river, the proposed development is a good fit for the area. FINDINGS OF FACT: Finding of Facts: 1. The Future Land Use designation is Industrial for this site. 2. The subject property is currently zoned MH, residential manufactured home district. 3. 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. 4. The owner does not wish to pursue residential development of this parcel, rather the proposed use is for an industrial subdivision with shop buildings. 5. The parcel must be rezoned to accommodate the proposed use from MH to M1. 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. PLANNING DEPARTMENT CONSIDERATIONS 8|Page PLANNING COMMISSION MINUTES Regular Meeting May 30, 2017 Page 9 of 17 CURRENT ZONING, LAND USES & RELATIONSHIP TO THE COMPREHENSIVE PLAN: NOTE: The property under consideration is currently zoned MH, Manufactured Home District as there is a large manufactured home park located north of the subject property. The owner has decided to pursue an industrial development instead, and there is existing light industrial zoning and land uses to the east and south east of the subject property. The land use designation for this parcel was changed to “Industrial” in January of this year. The corresponding rezoning to M1 is appropriate for this site and intended use. BUILDING MATERIALS AND ARCHITECTURE / LANDSCAPING AND BUFFER SCREENING PLANS: These items will be reviewed as each individual lot makes application for a building permit. The buildings constructed here will be typical metal shop buildings with overhead and walk doors, a bathroom and perhaps some office space, or not depending on the owner’s desires. As each individual building is developed, required development standards for setbacks and separations, construction materials, off- street parking, etc., will be addressed with the building permit application. A suitable Landscape Plan will be submitted for staff review with each building permit application. A twenty-foot (20’) wide landscaped buffer yard is required by code along the north and west property lines where the abutting use and zoning district is less intensive MH, Mobile Home Residential. Tree plantings are required in the buffer yard as per Section 24 of the Zoning Ordinance. The entire width of the buffer yard shall be planted to grass and shall not contain loose rock, paved areas, outdoor storage of materials, or supplies, or refuse, etc. All outside storage and stockpiles of materials, supplies, equipment, etc. shall be screened from view from any public street(s) with landscaping as part of the approved landscape plan or with a solid fence or wall approved as part of the building permit application. No chain-link fencing for screening purposes. All outdoor security lighting shall be sharp cut-off down lit fixtures. ENGINEERING AND PUBLIC WORKS DEPARTMENT CONSIDERATIONS: TRAFFIC AND TRANSPORTATION PLAN/REQUIREMENTS: A Traffic Study is required and must be approved by the Traffic Engineer. 13th Avenue SE will extend west from SE Business Park development to serve this subdivision turning 90% south ending in a cul-de sac. 13th Street SE is a public street proposed to meet industrial road standards, eighty feet (80’) of right-of-way width, forty feet (40’) back of curb to back of curb and a “six on twelve” construction cross- section. A paved access drive for emergency vehicles is proposed on the west side connecting to an existing driveway on adjacent property. Applicant will present this concept to Minot Fire Department for review and must keep emergency access road clear and usable year-round. Parking requirements for each building will be met on-site as part of the building permit application process CITY AND RURAL UTILITY PLAN/REQUIREMENTS: Public Utility Fees must be paid. UTILITIES / INFRASTUCTURE / EASEMENTS All proposed water and sanitary sewer lines will connect to existing sanitary and water mains located in Southeast Ridge Business Park Addition to the east. Municipal water is proposed to be looped through 9|Page PLANNING COMMISSION MINUTES Regular Meeting May 30, 2017 Page 10 of 17 the subdivision and back to Southeast Ridge Business Park original addition with fire hydrants on standard spacing. Sanitary sewer will be provided and will connect back to the east to tie into Southeast Ridge Business Park original sub. All the utilities are tight at the location where they come close together at 37th Street SE. The new utility mains may need to be directionally bored and easements in this area may need to be widened. Applicant will coordinate with Public Works Department to finalize these details. There are several easements required for this platting. A sixty-foot (60’) wide proposed utility easement traverses the site from west to east containing proposed sanitary sewer mains, water mains and storm water piping. A forty-foot (40’) wide forcemain easement traverses the site in a diagonal direction from northwest to southeast. There will be multiple shop condo buildings on large lots with adequate separation between buildings per fire codes. Developer shall provide separate fire services to each separate building. Geotech testing is requested by the Engineering Department for foundation suitability given the soil types in this area. Dumpster enclosure required with size and location subject to Public Works approval. Dumpsters may be individual to each building or may be shared depending on anticipated waste stream. The applicant is required to coordinate with Public Works. STORM WATER MANAGEMENT PLAN/REQUIREMENTS: Storm Water Management Plans are required and must be approved by the City Engineer. The existing SWM facility for existing Southeast Ridge Business Park is not a regional cell. The City of Minot is not responsible for maintenance of the storm cell. A new storm water detention cell is proposed for this subdivision to the south end of the property with an outfall into the Souris River. Proposed Lot 3 contains this storm water detention cell. A thirty-foot (30’) wide storm water outfall easement is shown to deliver storm water from the cul-de-sac to the detention pond. Drainage area calculations will be provided to Public Works to demonstrate the amount of water the storm drain system is expected to carry to the outfall point. EROSION CONTROL PLAN/REQUIREMENTS: 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. SIDEWALK REQUIREMENTS: Sidewalks are not required in Industrial zones. RECOMMENDATIONS: Staff recommends approval of the rezoning to M1 and the subdivision to be known as Southeast Ridge Business Park 2nd Addition, subject to the conditions listed below. Conditions: 1. Traffic impact study is required and improvements must be constructed by the developer. 2. Applicant must present to the Fire Department its plan for emergency access. 3. Applicant will get approval from Public Works regarding the finalization of utility easements. 4. Storm Water 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 10 | P a g e PLANNING COMMISSION MINUTES Regular Meeting May 30, 2017 Page 11 of 17 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. 5. Elevation certificates are required for parcels within the 100 year floodplain. Buildings must be elevated per city ordinance requirements. 6. Utility connection fees must be paid. 7. Dumpster enclosure required with size and location subject to Public Works approval. 8. A twenty-foot (20’) wide landscaped buffer yard is required by code along the north and west property lines where the abutting use and zoning district is less intensive MH, Mobile Home Residential. 9. All outdoor security lighting shall be sharp cut-off down lit fixtures. 10. Developer’s agreement with the City of Minot is required to be approved and recorded prior to recording of this plat. Vice Chair Neether opened the floor to public comment. Sean Weeks stated, issues with details such as drainage and utilities would be resolved with Engineering and Public Works as each lot is developed. Chairman Neether questioned whether the required landscape buffer along the north side of the property would be adequate. Mr. Weeks answered, if it would not be accurate they could widen the buffer elsewhere. Hearing no further discussion, Vice Chair Neether called for a motion. Commissioner Wegenast moved the City Council approve the item based on Staff conditions. Commissioner Karpenko seconded the motion which was carried by the following roll call vote: ayes: Bartsch, Hanson, Karpenko, Larshus, Neether, Wegenast, Wetzler. nays: none. Motion Passed Item #3: The City Council approve an application by Southwest Properties LLC, represented by Pat Kraft and Joe Kraft, to subdivide Outlot 10, Section 34-155-83, into 8 lots to be known as Southwest Business Park Addition, Block 1, Lots 1-6, Block 2, Lots 1-3. This property is located to the north of 37th Avenue between 16th and 20th Streets SW. Mr. Lang presented the staff report. SUMMARY/CONDITIONS/ISSUE: This is a straight forward proposal to develop commercial property in southwest Minot. The applicant is seeking approvals to subdivide a tract of land in the 37th Avenue commercial corridor for future commercial development. A total of eight (8) lots are proposed. FINDINGS OF FACT: Finding of Facts: 7. The subject property is currently zoned C2, General Commercial district. 8. The adjacent properties are also zoned commercial. 9. The land use map designation is “General Mixed-Use.” 11 | P a g e PLANNING COMMISSION MINUTES Regular Meeting May 30, 2017 Page 12 of 17 10. Given the location of this parcel, commercial development is the highest and best use. Conditions: 11. Traffic impact study is required and improvements must be constructed by the developer. 12. Storm Water 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. 13. 20th Street SW to be paved by the developer to the north property line of the property. 14. Sanitary sewer and water main to be extended to the north property line of the development in 20th Street SW. 15. Developer’s agreement with the City of Minot is required to be approved and recorded prior to recording of this plat. Vice Chairman Neether opened the floor to public comment. Donna Bye gave a presentation on the project. Hearing no further public comment, Vice-Chairman Neether closed the floor to public comment and brought the issue to the Commission for discussion. Commissioner Wetzler moved the City Council approve the item based on staff conditions. Whereupon a vote was taken on the motion by Commissioner Wetzler, seconded by Commissioner Larshus and was carried by the following roll call vote: ayes: Bartsch, Hanson, Karpenko, Larshus, Neether, Wegenast, Wetzler. nays: none. Motion Passed Item #4: The City Council approvePlanning Commission approved a request by Bakken Development Group Minot I LLC, represented by Rolly Ackerman, for an R-4/PUD plan review to construct duplexestownhomes on Statesboro Addition, Block 5, Lots 3A-9B and 12A-14B. This property is located in the 3200 block of 15th Street NW. Mr. Lang presented the staff report. REQUEST(S): The applicant is requesting approval to construct a different two-family dwelling unit type than what was approved under the original submittal on 20 lots on the west side of 15th Street NW just north of 32nd Avenue NW. SUMMARY/CONDITIONS/ISSUE: These lots were platted when the Statesboro Addition was originally approved a few years ago for duplex development under the old R-4 zoning. R-4 zoning is now defunct and properties such as this one are being developed under the Planned Unit Development (PUD) regulations. Eight townhouse units were constructed and basements for two more were excavated and then the economy slowed. The basements were backfilled and the owner began researching the market and alternative unit types and floor layouts to meet the demands of a changing market. Two variations of a Twin Ranch unit and 12 | P a g e PLANNING COMMISSION MINUTES Regular Meeting May 30, 2017 Page 13 of 17 another larger unit called a Two-Story Twin have been developed. Elevations of these unit types are attached for Planning Commission review since they are different than what was originally planned. The Twin Ranch models are planned for Lots 3A-9B while the Two-Story Twins are slated for Lots 12A- 14B. The street paving and utilities are installed for 15 Street leaving few opportunities to modify the development. The proposed units are acceptable to staff. FINDINGS OF FACT: Finding of Facts: 1. The Future Land Use designation is “Medium Density Residential.” 2. The subject properties are currently zoned R-4, a defunct zone similar in nature to a PUD. 3. Townhomes are an allowable use in this district. 4. At the time this property was originally developed town homes were constructed on eight lots. 5. The developer would now like to propose a modified unit type, different from the original units. 6. Planning Commission must review and take action on this proposal. 7. Staff is working with the developer on a master plan for a much larger area that includes this property. PLANNING DEPARTMENT CONSIDERATIONS CURRENT ZONING, LAND USES & RELATIONSHIP TO THE COMPREHENSIVE PLAN: NOTE: The property under consideration is currently zoned R-4, but R-4 is one of the zoning districts that was eliminated in 2013. Since R-4 was the precursor in many ways to a residential PUD, staff feels that the code requires approval of a proposed change in unit type by the governing bodies. The proposed units are in substantial conformance with the original plan and with the Future Land Use Map. BUILDING MATERIALS AND ARCHITECTURE / LANDSCAPING AND BUFFER SCREENING PLANS: A generalized idea of the proposed architectural style and construction materials is depicted on the submitted color renderings. No landscaping requirements, the owner will install landscaping as appropriate for a townhome as each unit develops. RECOMMENDATIONS: Staff recommends approval of the revised townhome unit types as presented. Vice Chair Neether opened the floor to public comment. Rolly Ackerman stated, the developer had reconfigured the units to eliminate the need for a variance. Commissioner Karpenko questioned whether the amenities would be retained. Mr. Ackerman answered that the proposed amenities would remain. Hearing no further public comment, Vice-Chairman Neether closed the floor to public comment and brought the issue to the Commission for discussion. Commissioner Wegenast moved the City Council approve the item based on staff conditions. Whereupon a vote was taken on the motion by Commissioner Wegenast, seconded by Commissioner Karpenko and was carried by the following roll call vote: ayes: Bartsch, Hanson, Karpenko, Larshus, Neether, Wegenast, Wetzler. nays: none. 13 | P a g e PLANNING COMMISSION MINUTES Regular Meeting May 30, 2017 Page 14 of 17 Motion Passed Item #5: The City Council approve a request by Bakken Development Group Minot I LLC, represented by Rolly Ackerman, to subdivide Statesboro Addition, Block 6, Lots 1A-9B, into 9 lots to be known as Statesboro 2nd Addition, Lots 1-9. Also, to change the zone from R-4 (Planned Residential) to R1S (Single-Family Residential with Small Lot Size Flexibility) District on proposed Statesboro 2nd Addition, Lots 1-9. This property is located in the 3200 block of 15th Street NW. Mr. Lang presented the staff report. REQUEST(S): The applicant is requesting approval to develop modest sized homes on smaller lots as an infill development on the east side of 15th Street NW. The property needs to be rezoned and the existing lots need to be vacated and a new subdivision plat prepared. SUMMARY/CONDITIONS/ISSUE: These lots were platted when the Statesboro Addition was originally approved a few years ago for townhome development under the old R-4 zoning. R-4 zoning is now defunct and properties such as this one need to be considered for alternative zoning districts. These existing 30-foot wide lots can be combined to form 60-foot wide lots that meet the minimum lot size for R1-S zoning. A smaller, more affordable home, perhaps for first time home buyers, can be constructed on these lots. The street paving and utilities are installed so there is not a lot of options to change what is already existing. FINDINGS OF FACT: Finding of Facts: 1. The Future Land Use designation is “Medium Density Residential.” 2. The subject properties are currently zoned R-4, a defunct zone similar in nature to a PUD. 3. If the property is rezoned to R1S, single-family homes are a permitted use in this district. 4. At the time this property was originally developed twin homes were planned for these lots and they were subdivided accordingly. 5. The developer would now like to propose single-family housing as opposed to townhomes. 6. The existing lots can be combined and replatted to meet R1S standard 7. Staff is working with the developer on a master plan for a much larger area that includes this property. PLANNING DEPARTMENT CONSIDERATIONS CURRENT ZONING, LAND USES & RELATIONSHIP TO THE COMPREHENSIVE PLAN: The property under consideration is currently zoned R-4, but R-4 is one of the zoning districts that was eliminated in 2013. Since the paving and utilities are already in place, it is impossible to change the lot sizes to pursue other zoning districts. The lots would turn out to be non-conforming if that were the case. The one exception, and the zoning district that is the best fit, is R1S. This is a new zone created in 2013 and has never been implemented anywhere within the city or two-mile jurisdiction. It allows this 14 | P a g e PLANNING COMMISSION MINUTES Regular Meeting May 30, 2017 Page 15 of 17 project to move forward as the City continues to work with the developer on a master plan for a larger area. SUBDIVISION PLATS / VACATION There are currently 18 townhouse lots on the east side of 15th Street NW that are each 30 feet in width in Statesboro Addition. If every two lots are combined a total of nine (9) single family lots can be created that are each 60 feet wide. R1 zoning requires a minimum of sixty five feet (65)’ in lot width so they would not be wide enough. R1S allows small lot flexibility with a minimum lot width of sixty feet (60’). If the existing lots are vacated and replatted as discussed into Statesboro 2nd Addition and the property is rezoned to R1S, this infill project can move forward. BUILDING MATERIALS AND ARCHITECTURE / LANDSCAPING AND BUFFER SCREENING PLANS: A generalized idea of the proposed architectural style and construction materials is depicted on the submitted color renderings. No landscaping requirements, the home owner will install landscaping as appropriate for a single-family neighborhood as each unit develops. ENGINEERING AND PUBLIC WORKS DEPARTMENT CONSIDERATIONS: Sanitary sewer and water service lines that are to be abandoned must be removed back to the mains and properly capped. Affected street sections must be patched to match existing section when replaced. RECOMMENDATIONS: Staff recommends approval of the rezoning from R-4 to R1-S and the subdivision to be known as Statesboro 2nd Addition subject the following condition: 1. Sanitary sewer and water service lines that are to be abandoned must be removed back to the mains and properly capped. Affected street sections must be patched to match existing section when replaced. Vice Chair Neether opened the floor to public comment. Rolly Ackerman stated, as before, amenities will be provided for the development. A master plan for the development would be presented to the Planning Commission at a future meeting. Vice Chair Neether expressed concerns about weed control. Mr. Ackerman responded, the developer had contracted maintenance for the property. Hearing no further public comment, 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 Wegenast and was carried by the following roll call vote: ayes: Bartsch, Hanson, Karpenko, Larshus, Neether, Wegenast, Wetzler. nays: none. Motion Passed Item #6: 15 | P a g e PLANNING COMMISSION MINUTES Regular Meeting May 30, 2017 Page 16 of 17 The City Council approve a request by the Minot Area Development Corporation to change the zone of multiple parcels as follows: from AG (Agricultural) to I1 (Light Industrial Park) property described as Outlot 2 of the NW ¼ and SW ¼ Section 17-155-82; and also from M1 (Light Industrial) to I1 (Light Industrial Park) property described as Minot Ag Complex 4th Addition, Lots 1 and 2, plus the SE ¼ less Outlot 1 and R.O.W. in Section 17-155-82; and also from M1 (Light Industrial) to I2 (Heavy Industrial Park) Minot Ag Complex 7th Addition, Lots 1 and 2; and also from M2 (Heavy Industrial) to I2 (Heavy Industrial Park) the SE ¼ of Section 8-155-82, plus the NW ¼ of Section 16-155-82, plus Minot Ag Complex 6th Addition, Lots 2-5, plus the North ½ of the SW ¼ of Section 16-155-82, plus Minot Ag Complex 7th Addition, Lot 3. Mr. Lang stated, it had been the intent of MADC to rezone Outlot 2 of Section 17-155-82 to I2 rather than I1 as published in the public hearing notice. Chairman Neether asked if the rezone would need to be re-advertised. Ms. Hendershot replied, all other rezones could be approved at this meeting but a zone change to I2 at the June meeting would need to be advertised for Outlot 2. Mr. Lang went on to state, two new zoning districts had been proposed for these parcels for the purpose of developing a sector for agricultural support industries and approval of these rezones was contingent upon the Commission approving the new districts in the following item. Mr. Davis stated, MADC had requested the new districts as certain landscaping requirements in the M1 Light Industrial and M2 Heavy Industrial Districts created conflicts with certain regulations at the state and federal levels. Vice Chairman Neether opened the floor to public comment. Jim Montgomery of MADC stated, the impetus for creating the agricultural business park in order for Minot to qualify for the Burlington, Northern, and Santa Fe Railroad’s Certified Communities program. The railroad promotes Certified Communities to industries. Hearing no further public comment, Vice-Chairman Neether closed the floor and brought the issue to the Commission for discussion. He asked whether a traffic study had been done. Mr. Davis answered, the Engineering Department was in the process of completing a traffic study. Chairman Neether then called for a motion. Commissioner Karpenko moved the City Council approve the requested zone changes for all parcels with the exception of Outlot 2 of Section 17. Seconded by Larshus, the motion was carried by the following roll call vote: ayes: Bartsch, Hanson, Karpenko, Larshus, Neether, Wegenast, Wetzler. nays: none. Motion Passed Item #7: The City Council pass an ordinance adopting the following changes to the City of Minot Zoning Ordinance, Chapters 12 and 15, as recommended by the Steering Committee. Mr. Lang stated, it had been brought to his attention that churches and other places of assembly were not listed under the uses permitted in the C3 (Central Business) District when a church inquired about adding on. He speculated that C3 may have included all uses permitted in C1 and/or C2 in the previous 16 | P a g e PLANNING COMMISSION MINUTES Regular Meeting May 30, 2017 Page 17 of 17 ordinance but had become an oversight when the current ordinance was adopted. Given the number of churches zoned C3, it was an urgent priority to add places of assembly to the uses permitted. Mr. Lang went on to state, the outdoor seating regulations in the C3 chapter conflicted with an ordinance that had been passed by the Council a few months previously and the regulations would be replaced with a reference to the relevant ordinance. The I1 Light Industrial Park and I2 Heavy Industrial Park districts are what has been proposed for the agribusiness park in the previous item. Commissioner Karpenko thanked the members of the Steering Committee for all their time spent reviewing the new districts and moved to approve changes to Chapters 12 and 15. Commissioner Larshus seconded the motion. Vice Chair Neether called for the vote and the motion was carried by the following roll call vote: ayes: Bartsch, Hanson, Karpenko, Larshus, Neether, Wegenast, Wetzler. nays: none. Motion Passed Commissioner Wetzler then asked when a new Chairman would be elected. Ms. Hendershot answered, it would take place at the following meeting. Meeting adjourned at 9:10 pm. 17 | P a g e