Planning Commission

PLANNING COMMISSION Regular Meeting November 27, 2017 Page 1 of 8 Regular Meeting: Planning Commission Location: City Hall, Council Chambers, 515 2nd Avenue SW, City of Minot, ND Meeting Called to Order: November 27, 2017 at 6:30 p.m. Presiding Official: Chairman, Tyler Neether Members in Attendance: Randy Bartsch, Charles DeMakis, Jon Hanson, Pam Karpenko, Tim Keller, Todd Koop, Jynette Larshus, Tyler Neether, Todd Wegenast, Bob Wetzler Members Absent: Wallace Berning, Jody Bullinger, Matt Geinert City Staff Present: Planning Director, Principal Planner, City Attorney, City Engineer, Assistant City Engineer, Fire Chief, Building Official, Traffic Engineer, Police Chief Others Present: Aldermen Jantzer, Sipma Meeting Called to order by Chairman Tyler Neether Approval of the October 30, 2017 Regular Meeting Minutes. Motion by Commissioner Karpenko, seconded by Commissioner Keller, to approve the October 30, 2017 regular meeting minutes and was carried by the following roll call vote: ayes: Bartsch, DeMakis, Hanson, Karpenko, Keller, Koop, Larshus, Neether, Wegenast, Wetzler. nays: none Motion passed RECOMMENDATIONS Item #1: The City Council approve an application by Golf Minot, Inc., represented by Chris Strange, to subdivide The Bluffs Addition, Block 1, Lots 22, 25, & 48; The Bluffs 2nd Addition, Block 1, Lots 7, 9, 30, & 46; and The Bluffs 7th Addition, Lot 1; & Outlot 14, Section 6-154-82 into 10 lots to be known as The Bluffs 9th Addition, Lots 1-10. This property is located just north of the Minot Country Club Golf Course. Finding of Facts: 1. A series of subdivision plats have been submitted in the Bluffs development area since Bluffs Addition was approved in 2013 establishing Minot Country Club Golf Course and sixty plus surrounding R1 residential lots. 2. The Bluffs 2nd Addition platted over fifty additional lots around the perimeter of the golf course in 2014. 1|Page PLANNING COMMISSION Regular Meeting November 27, 2017 Page 2 of 8 3. The Bluffs 6th Addition established the lot that contains the Country Club clubhouse and Elevation restaurant in 2016. 4. Later in 2016, the Bluffs 7th Addition was created which reallocated portions of the golf course lot to some of the adjacent residential lots such that these lots were increased in area. This was done because the land that was split from the golf course lot was not necessary for the functioning of the golf course and the lot owners in question wanted to increase the size of their lots. These lots were not necessarily adjacent to one another, but rather scattered out along the golf course boundary. 5. The current subdivision to be known as the Bluffs 9th Addition is another round of adding property to certain residential lots from the golf course lot as was done in Bluffs 7th Addition. 6. Proposed Lot 2 is reserved for a potential future maintenance building for the Country Club. 7. Proposed Lot 10 is large, consisting of 6.83 acres and is vacant at this time. The topography on this lot is a steep hill with 70 or so feet in elevation change from top to bottom making it challenging to develop. A single family home could potentially be positioned at the top of the hill. Recommendation Including Conditions (if approved): Staff recommends approval of the Bluffs 9th Addition as presented with the following conditions: 1. A hard-surfaced cul-de-sac constructed to City standards is required at the end of 24th Avenue on Lot 10. 2. All development must comply with the Storm Water Management Plans previously approved by the City Engineer. Any modifications must be 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. Public Utility Fees will be required. 5. Sidewalks will be required. Lance Lang, Principal Planner, described the location of the request and explained that several existing lot owners were interested in expanding the size of their lots. The golf course did not need the land so they agreed to alter the boundary of the golf course lot and add additional square footage to the residential lots. He reviewed the findings of fact and conditions and offered to answer any questions. No one appeared to speak on behalf of the application. Motion by Commissioner Karpenko, seconded by Commissioner Koop to approve the request with staff findings of fact and conditions and was carried by the following roll call vote: ayes: Bartsch, DeMakis, Hanson, Karpenko, Keller, Koop, Larshus, Neether, Wegenast, Wetzler. nays: none Item #2: The City Council approve an application by Russell Behm & Carin Frenchick to subdivide Section 20- 155-82, Outlots 7 & 8 into 2 lots to be known as Minot Vet Addition, Lots 1 & 2. 2|Page PLANNING COMMISSION Regular Meeting November 27, 2017 Page 3 of 8 Also, the City Council pass an ordinance to change the zone from C2 (General Commercial) District to M1 (Light Industrial) District on proposed Minot Vet Addition, Lot 2. This property is located at 3010 & 3020 Burdick Expressway E. Finding of Facts: 1. There is an existing small animal veterinary clinic and a large animal veterinary clinic situated together on two existing outlots. 2. The two businesses are owned by separate owners and they would like to subdivide the property such that each business will be on its own lot. 3. A subdivision plat to be known as Minot Vet Addition, Lots 1 and 2 has been submitted for review and recommendation from Planning Commission to the City Council. 4. Rated firewalls will be required for certain walls that are close to the proposed property line per the International Building Code (IBC) and International Fire Code (IFC). 5. Proposed Lot 2 needs to be rezoned from C2 to M1 to account for the large animal veterinary practice. Recommendation and Conditions (if approved): Staff recommends approval of the proposed two-lot subdivision to be known as Minot Vet Clinic subject to the following conditions. 1. There is an existing forty-foot (40’) easement along the length of the west property line to protect the existing sanitary sewer trunk interceptor at this location. This easement shall be added to the plat. 2. All buildings on separate lots must be connected to water and sewer utilities by a separate independent service. 3. Walls within ten feet (10’) of any property line must be upgraded to meet fire resistive construction standards as required by the adopted building codes. 4. Sidewalks will be required. 5. Public utility fees will be required. Mr. Lang explained, the purpose of the request is to separate two existing businesses into separate lots. Lot 1 contains a small veterinary clinic which is an allowable use and will remain zone C2, Commercial. Lot 2 contains a large animal clinic and should be rezoned to M1, Light Industrial, in order to bring it into compliance. He reviewed the findings of fact and conditions and offered to answer any questions. No one appeared to speak on behalf of the application. Motion by Commissioner Karpenko, seconded by Commissioner Koop to approve the request with staff findings of fact and conditions and was carried by the following roll call vote: ayes: Bartsch, DeMakis, Hanson, Karpenko, Keller, Koop, Larshus, Neether, Wegenast, Wetzler. nays: none Motion Passed 3|Page PLANNING COMMISSION Regular Meeting November 27, 2017 Page 4 of 8 Item #3 The City Council approve an application by Bakken Development Group Minot I, LLC, represented by Rolly Ackerman, to subdivide Statesboro Addition; Block 1, Lots 1A-13B; Block 2, Lots 1A-14B; Block 5, Lots 12A-21B; Block 6, Lots 10A-18B; Block 7, Lots 1A-18B; Block 8, Lots 1A-13B & Lot 15A; Idlewild 3rd Addition; Block 1, Lots 1-3, 7-10; Block 2, Lots 1-3, 7-9, 13, 17-28; Block 3, Lots 1-26; Idlewild 4th Addition; Block 1, Lots 1-2; Block 2, Lots 1-2; Block 3, Lots 1-2; Block 4, Lots 1-2 into 144 lots to be known as Ramstad Heights; Block 1, Lots 1A-12B; Block 2, Lots 1-14; Block 3, Lots 1-10; Block 4, Lots 1- 23; Block 5, Lots 1-11, 12A-19B, 20-30; Block 6, Lots 1-22; Block 7, Lots 1-13. Also, the City Council pass an ordinance to change the zone from R4 (Planned Residence) District to R1S (Single-Family Residential District with Small Lot Size Flexibility) on proposed Ramstad Heights; Block 2, Lots 1-14, Block 3, Lots 1-10; Block 4, Lots 1-23; Block 5, Lots 1-11 & Lots 20-30; Block 6, Lots 1- 22; Block 7, Lots 1-13 and R2 (Two-Family Residential) District on proposed Ramstad Heights, Block 1, Lots 1A-12B; Block 5, Lots 12A-19B. This property is located north of 32nd Ave NW; between 11th St NW & 16th St NW. Finding of Facts: 1. In 2016 Bakken Development Group began a series of meetings with Minot City staff to revisit the Statesboro and Idlewild subdivisions which were previously approved, construction commenced, but then came to a standstill during the post oil boom economic slump. 2. A new vision and master plan layout was presented to the City by the developers. 3. The first phase included some needed clean-up and revisions to enable areas that had been underway to proceed under the new masterplan vision. The proposal before the Commission today is the next phase of the master plan. 4. The developer has requested rezoning to avoid any pitfalls with the now defunct R4 zone, choosing to implement rezoning of ninety lots to R1S and forty lots to R2. 5. The retrofit of the new concept over the old requires some engineering and public works issues to be resolved as outlined in this memo. 6. The open space included in this proposal may become Minot Park District property. Discussions are underway between the District and the Developer. Staff Recommendation and Conditions (if approved): 1. An updated Storm Water Management Plan will be required and approved by the City Engineer. 2. Erosion Control practices will need to meet State of North Dakota requirements and be approved by the City Engineer. 3. A Developer’s Agreement will be in place prior to the plat being recorded. 4. Forty-foot (40’) front and street side yard setbacks are required along all arterial and collector streets. 5. Sidewalks will be required. 6. Public Utility Fees will be required. 4|Page PLANNING COMMISSION Regular Meeting November 27, 2017 Page 5 of 8 Mr. Lang explained the request by stating, the applicant is looking to revamp the area and rename it as Ramstad Heights. It was previously zoned R-4 which has since become a defunct zoning district. There will be 90 lots rezoned as R1S, Single Family Residential District with Small Lot Flexibility and the townhomes will be rezoned as R2. He also explained, according to the current formula used to calculate open space required for dedication, approximately 5.0 acres is required. The plan currently includes 3.62 acres but the developer is discussing a potential land dedication to the Park District. Rolly Ackerman, representing the Bakken Development Group, came forward to answer any questions. He said they are agreeable to the conditions required and he thanked City staff for all of their help moving the project along. Upon questioning by Commissioner Wetzler, Mr. Lang explained, the stormwater management plans are incomplete at this time. The City does not handle stormwater maintenance so a development agreement will be prepared by the City requiring establishment of a Homeowner’s Association or something similar for perpetual maintenance of storm water facilities. The Commission then discussed the requirement for the developer to dedicate 5.0 acres for public land. Mr. Lang stated, staff recommends approval of the application with the condition that an agreement will be in place prior to the plat being recorded. It will be up to the Park District to decide if the current 3.6 acres of land is enough, considering the nearby school and potential for shared park spaces. Whereupon Commissioner Karpenko made a motion, seconded by Commissioner Wegenast to approve the request with staff findings of fact and conditions and was carried by the following roll call vote: ayes: Bartsch, DeMakis, Hanson, Karpenko, Keller, Koop, Larshus, Neether, Wegenast, Wetzler. nays: none Motion Passed Item #4 The Planning Commission approve an application by City of Minot, represented by Dan Jonasson, for a public plan review to add a 26,500+ sq. ft. addition to the west side of the Water Treatment Plant on an unplatted portion of Section 23-155-83 between the Mouse River & BN R/W SW1/4 SW1/4. This property is located at 905 16th ST SW. Finding of Facts: 1. The Public Works Department is adding two new treatment basins to the existing water treatment plant to upgrade to design capacity. 2. The water treatment plant is located on property zoned P, Public. 3. The zoning ordinance requires projects in District P, Public, to be reviewed by Planning Commission. Mr. Lang explained, the expansion of the Water Treatment Plant is necessary in order to increase capacity to 28 million gallons per day. The City of Minot provides water for a five county regional area and the Northwest Area Water Supply (NAWS) system requires the increased capacity. He described the location as isolated given the presence of the BNSF railroad tracks and the Souris River and said daily 5|Page PLANNING COMMISSION Regular Meeting November 27, 2017 Page 6 of 8 traffic is minimal. He also said the applicant provided landscaping plans but they are not required because the location does not face the street. Upon questioning by Commissioner Neether. Mr. Jonasson, Director of Public Works, estimated the size of the current facility between 70,000-90,000 square feet. Whereupon Commissioner Wegenast made a motion, seconded by Commissioner Koop to approve the request with staff findings of fact and conditions and was carried by the following roll call vote: ayes: Bartsch, DeMakis, Hanson, Karpenko, Keller, Koop, Larshus, Neether, Wegenast, Wetzler. nays: none Motion Passed Item #5 The Planning Commission tabled an application by City of Minot, represented by Jason Sorenson, to pass an ordinance to change the zone from AG (Agricultural) District to P (Public) District on the SW1/4 & NE1/4, Section 33-155-83. Also, the Planning Commission tabled the request to amend the Future Land Use Map designation from Industrial, General Mixed Use, and High Density Residential to Public on the SW1/4 & NE1/4, Section 33-155-83. This property is located a quarter mile west of 30th St SW and north of Cty Rd 14; and north of 31st Ave SW and west of 30th St SW. Finding of Facts: 1. The sanitary landfill needs to be expanded in the future to meet future demand. 2. The City acquired two quarter sections a few months ago that will be reserved for future expansion of the landfill. 3. The City is rezoning the two tracts from AG to P, the same zone as the existing portions of the landfill and amending the Future Land Use Map accordingly. Staff Recommendations and Conditions (if approved): Staff recommends approval of the rezoning and land use map amendment subject to the following condition: 1. Erosion Control practices will need to meet the state of North Dakota requirements and be approved by the City Engineer. Mr. Lang explained, the parcels in the application need to be rezoned to P, Public, to be used for the expansion of the landfill. The Future Land Use Map also needs to be amended from depicting the property as “Industrial, General Mixed Use, and High Density Residential” to “Public/Semi-Public.” Jason Sorenson, Assistant Public Works Director, said, according to the Landfill Master Plan, there are only eight years capacity left in the current landfill. These adjacent parcels have been purchased to expand the landfill. He said, there are two existing cells used for municipal solid waste (MSW) and they are working on cell 6. Once the new land is permitted they will start doing compost. 6|Page PLANNING COMMISSION Regular Meeting November 27, 2017 Page 7 of 8 Commissioner Keller asked about the distance between the landfill and residential areas. Mr. Sorenson responded by displaying a preliminary layout of the expansion. He said, once the new land is usable, the scales will move to the area separating the landfill from residential properties. The section near 30th St SW is labeled as potential MSW disposal but a natural gas line runs through that area and would be costly to relocate. The plan is to apply for permitting for the entire area but only use that section for waste if absolutely necessary. He further explained, there is currently a 16 foot fence and a 10 foot fence as a barrier around the active disposal cell to prevent trash from blowing out of the landfill. Commissioner Keller stated, he is concerned the landfill is getting too close to residential neighborhoods. Commissioner Neether brought up concerns from Section 30-5 of the Zoning Code. He stated, any application for rezoning is required to include several pieces of information that the application did not provide. He mentioned requirements such as, the scaled site plan, location and size of parking, landscaping plans, design layout and size of proposed signs, and water drainage plans. He emphasized that in this situation, landscaping cannot be taken lightly. Mr. Lang said, in his 30 years of experience, he has not seen such elaborate requirements for a zone change. Once a property is rezoned, those types of information can be provided but it is presumptuous to assume a property would have those plans prior to the approval for the zone change. Commissioner Neether asked if the item would be brought back to the Planning Commission for consideration if the application was approved, to which Mr. Lang responded by saying, it would not be necessary. The Planning Commission asked if other sites were considered for expansion. Mr. Sorenson stated, the area to the west is coulee land and the old landfill and they were not successful in negotiations to purchase land to the south. Brian Hankla, a resident of the area and an attorney representing homeowners to the east of the site, came forward in opposition of the item. He began with the premise that the landfill is moving closer to town and said applying ordinances should promote the public safety and welfare of the citizens. He said, they should be provided with a study and analysis of what other alternatives have been considered. He questioned whether the proper notice was given to surrounding properties and if appropriate buffers were going to be installed. He also cited Section 30-5 of the Zoning Code and added, if there are ordinances in place, they should be followed. He expressed concerns that the preliminary plans are not ready for approval and said the facts included in the staff report do not carry enough information to make a decision. Mr. Lang responded to the concern about the notification area and said that notices were sent to the properties within 300’ as required and notice was posted in the newspaper. Mr. Jonasson came forward to offer his comments. He said, the expansion of the landfill has been reviewed for the past 20 years. It cannot expand to the west because state law prevent landfills from being within 200’ of a waterway. Other locations were considered but to operate two locations 7|Page PLANNING COMMISSION Regular Meeting November 27, 2017 Page 8 of 8 simultaneously while the transition takes place, would cost about $5-10 million. This landfill has been in place since the 1970’s and expanding adjacent to the existing landfill is the most logical solution. Jonasson stated Laverne Mikkleson, a resident of the area contacted the Public Works Director with similar concerns. He explained to him that there would not be waste disposal right up to the County Road; there would potentially be a recycling transfer facility when it’s approved by Council. As far as expanding east, that site will be forty years in the future, if it is considered at all. He continued by saying, part of the process they are going through tonight, they will use for final cover. When this is closed out and done, there will be a green mound covering the garbage. He emphasized, the plans are preliminary. They need to complete a very thorough stormwater management plan for the entire site, which the consultant is hired to work on. He agreed, there should be buffering but said, no amount of trees will effectively screen an 80’ hill. Upon further questioning, Mr. Jonasson said they expect the expansion to extend the life of the landfill by 60 years. He also said, the land needs to be purchased and properly zoned prior to starting the permitting process through the state. Commissioner Karpenko confirmed, the landfill has been in that location since the 1970’s and development in that area occurred after, moving toward the landfill. Commissioner Neether entered a letter of protest from Tucker Mayberry, one of the developers of Southwest Crossing next to the new hospital campus into the record. Whereupon Commissioner Keller made a motion to table the item until buffering requirements are identified. Motion seconded by Commissioner Wegenast and was carried by the following roll call vote: ayes: Bartsch, DeMakis, Hanson, Karpenko, Keller, Koop, Larshus, Neether, Wegenast, Wetzler. nays: none Motion Passed With no further business before the Commission, the meeting was adjourned at 7:39 pm. 8|Page