Planning Commission

PLANNING COMMISSION Regular Meeting January 29, 2018 Page 1 of 16 Regular Meeting: Planning Commission Location: City Hall, Council Chambers, 515 2nd Avenue SW, City of Minot, ND Meeting Called to Order: January 29, 2018 at 6:30 p.m. Presiding Official: Chairman, Tyler Neether Members in Attendance: Wallace Berning, Jody Bullinger, Charles DeMakis, Jon Hanson, Pam Karpenko, Tim Keller, Todd Koop, Jynette Larshus, Tyler Neether, Todd Wegenast Members Absent: Randy Bartsch, Bob Wetzler City Staff Present: Principal Planner, Assistant City Attorney, City Clerk, City Manager, City Engineer, Assistant City Engineer, Fire Chief, Building Official, HR Director, Public Works Director, Assistant Public Works Director, Public Information Officer Others Present: Aldermen Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky Meeting Called to order by Chairman Tyler Neether Approval of the November 27, 2017 Regular Meeting Minutes. Motion by Commissioner Karpenko, seconded by Commissioner Wegenast, to approve the November 27, 2017 regular meeting minutes and was carried by the following roll call vote: ayes: Berning, Bullinger, DeMakis, Hanson, Karpenko, Keller, Koop, Larshus, Neether, Wegenast. nays: none Motion passed RECOMMENDATIONS Item #1: The City Council approve an application by Professional Choice Properties to subdivide The Bluffs 3rd Addition, Block 1, Lot 13 and The Bluffs 8th Addition, Block 1, Lot 6 into 2 lots to be known as The Bluffs 10th Addition, Lots 1 & 2. This property is located at 1613 Valley Bluffs Drive SE and the property to the northwest with an unassigned address. Finding of Facts: 1. Two lots were previously platted as part of larger subdivisions in the Bluffs development. 2. A privacy fence was erected along the common lot line in the wrong location. 3. The proposed subdivision plat adjusts the common lot line to be in harmony with the fence location. 1|Page PLANNING COMMISSION Regular Meeting January 29, 2018 Page 2 of 16 Recommendation and Conditions (if approved): Staff recommends that the subdivision plat to be known as the Bluffs 10th Addition be recommended for approval with the following condition: 1. The plats for The Bluffs 8th Addition and The Bluffs 9th Addition are recorded prior to this plat being recorded. Principal Planner, Lance Lang explained, this is a housekeeping issue. A fence was installed but it is not in alignment with the platted lots. This action will adjust the lot lines consistent to the fencing. 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: Berning, Bullinger, Hanson, Karpenko, Keller, Koop, Larshus, Wegenast; nays: none; abstain: DeMakis, Neether Motion Passed Item #2: The City Council approve an application by Gaylin Schmidt to subdivide Cenex 3rd Addition, Lots 1 & 3; and Bayou Addition, the W100’ Less S100’ of Lot 3, & all Lot 4 into 3 lots to be known as Cenex 5th Addition, Lots 1-3. Also, the City Council pass an ordinance to change the zone from M1 (Light Industrial) District to C3 (Central Business) District on proposed Cenex 5th Addition, Lots 1-3. This property is located at 304 E Central Ave and the property to the east, 7 3rd St SE, and the property to the south with an unassigned address. Finding of Facts: 1. The applicant is requesting approval of a new subdivision plat to be known as Cenex 5th Addition which will rearrange some lot lines that exist in the area. 2. The subdivision application provides an opportunity to bring any aspects of the site that are not compliant with zoning regulations into compliance. 3. The property is zoned M1, Light Industrial District. 4. There are existing upper floor apartments on the site. 5. Residential uses are not allowed in M1 zoning districts. 6. The property can be rezoned to C3, Central Business District, which does allow upper floor residential uses. Recommendation and Conditions (if approved): 1. Staff recommends that the subdivision plat to be known as Cenex 5th Addition, Lots 1-3, be recommended for approved as presented, and further, that the rezoning of this property from M1 to C3 also be recommended for approval. Mr. Lang stated, the intent of the application is to exchange property between the landowners and 2|Page PLANNING COMMISSION Regular Meeting January 29, 2018 Page 3 of 16 adjust the lot lines to design the outcome the owners want. He also explained that moving forward the area may be better suited as a mixed use in the Future Land Use Plan. The residential property is a non- conforming use in and M1 zone and the change to C3 will take care of that issue. No one appeared to speak on behalf of the application. Motion by Commissioner Wegenast, seconded by Commissioner Berning to approve the request with staff findings of fact and conditions and was carried by the following roll call vote: ayes: Berning, Bullinger, DeMakis, Hanson, Karpenko, Keller, Koop, Larshus, Wegenast; nays: none; abstain: Neether Motion Passed Item #3 The City Council approve an application by Ready Builders, Stacy Abel, to subdivide an unplatted portion of the NW1/4SE1/4, NE1/4SE1/4, SW1/4SE1/4, & SE1/4SE1/4, Section 6-154-82 into 38 lots to be known as Galusha Ranch Addition; Block 1, Lots 1-7; Block 2, Lots 1-23; Block 3, Lots 1-8. Also, the City Council pass an ordinance to change the zone from AG (Agricultural) District to RA (Agricultural Residential) District on proposed Galusha Ranch Addition; Block 1, Lots 1-2 & 4-7; Block 2, Lots 1-23; Block 3, Lots 1-8. Proposed Galusha Ranch Addition, Block 1, Lot 3 will remain AG. Also, the City Council adopt a resolution to amend the Future Land Use Map from the designations of Low Density Residential, Rural/Agricultural, and High Density Residential to Low Density Residential on proposed Galusha Ranch Addition; Block 1, Lots 1-7; Block 2, Lots 1-23; Block 3, Lots 1-8. This property is located north of 54th Ave SE and west of 27th St SE. Finding of Facts: 1. The applicant has made application to the City to develop property formerly known as the Galusha property with is rural in nature and largely undeveloped at this time. 2. The old homestead was subdivided onto its own lot recently and rezoned. 3. The balance of the property is proposed as a 38-lot subdivision to be known as Galusha Ranch Addition, with rezoning for AG to RA requested. 4. Staff had some concerns about developing this property prematurely for several reasons; a. It is considered a Phase 4 property in the Development Phasing Map of the Comprehensive Development Plan. b. The City does not want to annex the property at this time as it cannot be served with public services in a cost effective manner (with the exception of sanitary sewer). c. Sanitary sewer is available as it was recently installed as a major trunk line in Puppy Dog Coulee and intended to serve all development in this area. d. The City had designed the sewer expansion as a connection district meaning that all properties that benefit from it shall pay a connection fee to recoup the installation cost. e. Each lot in Galusha Ranch Addition should be assessed for the connection fee, but the developer is going to provide individual septic systems for sanitary service instead of connecting to City sewer. 3|Page PLANNING COMMISSION Regular Meeting January 29, 2018 Page 4 of 16 f. In areas where the City projects future urban growth, it is poor planning to allow large lot rural development on septic systems to prevent or deter future extension of public facilities through these areas. 5. To help remedy the utilities situation, the City has requested, and the developer has agreed, to provide sufficient easements to allow for future extension of public utilities through this site to serve the site and properties beyond. 6. With these easements in place, the City has agreed to allow the large lot configuration. 7. The property will be rezoned from AG to RA except for the large lot exceeding 20.00 acres along the north side which will remain AG and reserved for future use by the owner. 8. The Future Land Use Map of the Comprehensive Development Plan will be amended accordingly to “Low Density Residential.” Recommendations and Conditions (if approved): Staff recommends approval of the Land Use Map amendment, rezoning and subdivision plat for Galusha Ranch Addition subject to the following conditions: 1. Storm Water Management Plans will be required and approved by the City Engineer. 2. Erosion Control practices will need to meet State of North Dakota requirements and approved by the City Engineer. 3. The township or a homeowner’s association will be responsible for road maintenance. 4. Developer’s Agreement will be in place prior to the plat being recorded. 5. An urban road section shall be designed and constructed from County Road 14 north a sufficient distance to address site grading and drainage concerns to neighboring properties. Mr. Lang began by saying, the property is not annexable at this time as services are not provided to the area. They have however secured easements to ensure sewer could be installed in the future. This type of large lot rural housing is popular and is currently unavailable in the Minot real estate market. He gave further details about the application and added, the County has had input on the alignment of the existing road. Rolly Ackerman of Ackerman Surveying & Associates, spoke on behalf of the applicant by saying, the subdivision consists of 130 acres which will be divided into 38 lots. One 20-acre lot will remain AG but the remaining lots will be about two-acres or more and will be rezoned for Residential Agricultural properties. He said, they are working with the Park District so the nearby saddle club can take advantage of the larger lots for horse bridling. Mr. Ackerman also explained, the roads will be built to County standards and pending approval of the project, will be installed this spring to connect with the south and help with access to the area. Kathy Fimreite, of 2001 54th Ave SE, said she is concerned about safe access to her home and the addition of a turning lane that would make them unable to access their driveway. She also shared her concerns about drainage, the accumulation of snow, traffic flow, and the affect these changes will have on the value of their property. Mr. Ackerman responded by saying, they are respectful of the neighbors and plan on working with them on their concerns. He also said, they are working on plans with the County to install an urban road section which will improve drainage issues. 4|Page PLANNING COMMISSION Regular Meeting January 29, 2018 Page 5 of 16 Matt Williamson of 2701 43rd Ave SE spoke on behalf of Meadowbrook 4th Addition, in opposition to the development. He said, the lots are not consistent with the majority of the lots in the area which are over three acres. He described their main concern relating to the completion of the road through the subdivision and connecting to 43rd Ave SE. He said the township has no money to maintain the road so a group of citizens paid to have it paved. He said, they are concerned it will get damaged during construction and wondered who would pay for that maintenance. He then asked if there were requirements for park space. Mr. Lang said, the park dedication or fee in lieu of park space would be up to the Park District based on location. In this instance the applicant is working with the Park District to provide a horse riding path. He mentioned, the roads would not be maintained by the City, it would be up to the township or the Homeowner’s Association. Lastly, he said the minimum lot size for the type of zoning is two acres and the City cannot require larger lots. Mr. Ackerman addressed the road maintenance by saying the Homeowner’s Association would be responsible and there will be a memorandum of understanding with the County. He concluded by saying they are agreeable to the conditions included in staff’s recommendation. Commissioner Karpenko made a motion, seconded by Commissioner Wegenast to approve the request with staff findings of fact and conditions with the addition of condition #5 relating to urbanization section of road along 54th Ave SE and was carried by the following roll call vote: ayes: Berning, Bullinger, DeMakis, Hanson, Karpenko, Keller, Koop, Larshus, Neether, Wegenast. nays: none Motion Passed Item #4 – Withdrawn prior to the meeting Item #5 The Planning Commission held an application by Puppy Dog Properties, LLC, Cindy Snay, to subdivide an unplatted portion of the SE1/4NE1/4 and NE1/4SE1/4, Section 36-155-83 into one lot to be known as Livingston Valley South 2nd Addition, Lot 1. Also, the Planning Commission held the request to change the zone from AG (Agricultural) District to R1 (Single Family Residential) District on proposed Livingston Valley South 2nd Addition, Lot 1. Also, the Planning Commission held the request to amend the Future Land Use Map from the designations of Parks & Open Space to Low Density Residential on proposed Livingston Valley South 2nd Addition, Lot 1. This property is located north of 30th Ave SE and west of 13th St SE. Finding of Facts: 1. The applicant would like to split a parcel of land from the Puppy Dog Coulee to plat a single lot to accommodate one single family home. 5|Page PLANNING COMMISSION Regular Meeting January 29, 2018 Page 6 of 16 2. There is only one buildable area on the site due to steep topography, but it is feasible. 3. The site can take access from 30th Avenue SE. 4. The site can be served by water and sewer. 5. The applicant has requested rezoning from AG to R1, the proper zone for a single-family home. 6. The rezoning request will cause an amendment to the Future Land Use Map from “Park and Open Space” to “Low Density Residential.” 7. The property will be annexed into the City of Minot city limits. Recommendation and Conditions (if approved): Staff recommends approval of the Land Use Map Amendment, rezoning, annexation, and subdivision plat for Livingston Valley South 2nd Addition subject to the following conditions: 1. The proposed driveway cut along 30th Avenue SE will need to be approved by the City. 2. Sewer and water connection location on 3oth Avenue SE must be approved by Public Works. 3. Erosion Control practices will need to meet State of North Dakota requirements and approved by the City Engineer. 4. The property is limited to one single family dwelling and one accessory building. 5. Buffering along the common lot line to neighboring properties will be agreed upon between the developer and City staff to forward to the City Council for final approval. Mr. Lang stated, the proposed property will be considered for annexation into city limits but it was not advertised so the annexation must wait until the following month. He described the area and its topography and explained that the location contains enough buildable area for one single family house. Access to the property will be accomplished by building a driveway cut along 30th Ave SE. He continued by saying, staff spoke to quite a few residents in opposition of the proposal however, the request for a single family house on a single lot meets the minimum requirements and the City finds it reasonable. The site can be served by water and sewer, preferably using a pressurized grinder pump system as opposed to installation of a septic system. Rob Berard, of Ackerman Surveying & Associates, came forward to answer any questions about the plat but was not prepared to answer questions specific to the applicant’s request. The details of the request were worked out with the Planning Department staff but one of the main concerns was to maintain drainage through the property. Mr. Berard said they provided a drainage easement as requested by staff on the subdivision plat. Upon questioning by Commissioner Neether, Mr. Berard said, there should be plenty of room for a single lane driveway abutting the neighboring property. Josh Cartier, of 1203 30th Ave SE, owns the property where the driveway will be located right next to it and he shared his concerns about the drainage in the area. He said the property does not need to be developed. Randy Froseth, of 1207 30th Ave SE, said he is also concerned about the watershed and the devaluation of their property. He said, any changes is landscape will cause water to backup into their yard. He continued by saying, when they purchased the house there, the builder said that land would not be developed and the properties were marketed with the open coulee. 6|Page PLANNING COMMISSION Regular Meeting January 29, 2018 Page 7 of 16 Scott Brown, of 2801 11th St SE, said the residents were told the area would remain open space for wildlife. Commissioner Karpenko asked if the Commission needs a legal basis to deny the request, to which the Assistant City Attorney said, they have the option to hold the item for more information but reminded, their recommendation is of an advisory nature to the City Council for final approval. Commissioner Wegenast made a motion to approve the request with staff findings of fact and conditions in addition to adding condition #4: the property is limited to one single family dwelling and one accessory building and condition #5: Buffering will be agreed upon between the developer and City staff to forward to the City Council for final approval. Motion seconded by Commissioner Koop and failed by the following roll call vote: ayes: Hanson, Karpenko, Keller, Koop, Neether, Wegenast; nays: Berning, Bullinger, Larshus; abstain: DeMakis Motion Failed Whereupon Commissioner Karpenko made a motion to hold the item. Motion seconded by Commissioner DeMakis and was carried by the following roll call vote: ayes: Berning, Bullinger, Hanson, Karpenko, Keller, Koop, Larshus, Neether, Wegenast; nays: none abstain: DeMakis Motion Passed Item #6 The City Council approve an application by Real Builders, Joel Feist, to subdivide Skyport 6th Addition; Block 2, Lots 1-30; Block 3, Lots 1-19; Block 5, Lots 1-24, 55-70 & a portion of Lot 71; Skyport 9th Addition, Lot 1I; Skyport 10th Addition, Lots 1-4; Skyport 11th Addition, Lots 1-2 into 52 lots to be known as Prairie Pointe Subdivision; Block 1, Lot 1-23; Block 2, Lot 1-12; Block 3, Lots 1; Block 4, Lots 1-12; Block 5, Lot 1-4. 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 Prairie Pointe Subdivision; Block 1, Lot 1-23; Block 2, Lot 1-12; Block 3, Lots 1; Block 4, Lots 1-12; Block 5, Lot 1-4. This property is located west of 8th ST NW; between 27th and 30th Avenues NW. Finding of Facts: 1. In 2012 the developer began to develop this property as Skyport Additions. Construction commenced, but then came to a standstill during the post oil boom economic slump. 2. A new vision and master plan layout has been presented as Prairie Pointe Subdivision to the City by the developers. 3. The developer has requested rezoning to avoid any pitfalls with the now defunct R4 zone, choosing to implement rezoning to R1S to take advantage of the smaller lot size and higher density while still offering a single-family detached home ion its own lot. 4. The retrofit of the new concept over the old requires some engineering and public works issues to be resolved as outlined in this memo and ultimately through the Development Agreement. 7|Page PLANNING COMMISSION Regular Meeting January 29, 2018 Page 8 of 16 5. The proposed neighborhood park included in this proposal may become Minot Park District property. Discussions are underway between the District and the Developer. Recommendation and Conditions (if approved): Staff recommends approval of the rezoning request and subdivision to be known as Prairie Pointe Subdivision subject to the following conditions: 1. The Storm Water Management Plan is required to be updated based on the new layout and approved by the City Engineer. 2. Erosion Control practices will need to meet State of North Dakota requirements and approved by the City Engineer. 3. Developer’s Agreement will be in place prior to the plat being recorded. 4. Sidewalks will be required. 5. Public Utility Fees will be required. Mr. Lang reviewed the report provided by staff. Rolly Ackerman explained, they are reworking the original subdivision at a lower density and will retrofit the existing water and sewer systems. He said they are agreeable with staff’s recommendation and conditions. Motion by Commissioner Wegenast, seconded by Commissioner Larshus to approve the request with staff findings of fact and conditions and was carried by the following roll call vote: ayes: Berning, Bullinger, DeMakis, Hanson, Karpenko, Keller, Koop, Larshus, Neether, Wegenast. nays: none Motion Passed Item #7 The Planning Commission recommend the City Council deny a request to change the zone from AG (Agricultural) District to P (Public) District on the SW1/4 & NE1/4, Section 33-155-83. Also, the City Council deny a request to adopt a resolution 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 County Rd 14; and north of 31st Ave SW and west of 30th St SW. Finding of Facts: 1. The sanitary landfill has been in this location since the 1970’s. 2. Development has expanded towards the landfill over time, even though the landfill was already existing and operating. 3. The landfill needs to be expanded over time to continue to have capacity to handle the municipal and regional solid waste demands and inert demands. 4. The City investigated relocation of the landfill, but this option is prohibitively expensive. 8|Page PLANNING COMMISSION Regular Meeting January 29, 2018 Page 9 of 16 5. The City was able to access grant money to purchase land to expand the landfill at its current location. 6. The City acquired two quarter sections last year that will be reserved for future expansion of the landfill. 7. 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. 8. The City will continue to work towards obtaining all necessary permits to expand and operate the landfill into the future. Staff Recommendations and Conditions (if approved): Staff recommends approval of the rezoning and land use map amendment subject to the following conditions: 1. Erosion Control practices will need to meet the state of North Dakota requirements and approved by the City Engineer. 2. A buffer and landscape screening around the perimeter of the site will be established based on the phasing plan in addition to existing screening that is currently in place. 3. The eastern half of the NE1/4 of Section 33-155-83 will not be permitted with the State for use as part of the landfill. Mr. Lang introduced the request by saying it is a continuation from the public hearing that took place in November regarding the expansion of the landfill. He said, the comment has been made that the landfill is expanding toward the city but he demonstrated using historical photos that the landfill has been there since the 1970’s and the city has expanded toward it. He explained, since the land is intended for a public use, all changes, new facilities, or expansion of existing facilities will come back to Planning Commission for approval. He commented that he does not know why the future land use plan did not include protection for the landfill because, by its nature, a landfill must be expanded with growth in the community. The City investigated relocation but it is prohibitively expensive and the City would lose the existing infrastructure if relocated. Jason Sorenson, the Assistant Public Works Director, further explained the request. He said, in 2013, a consultant, CPS Engineering, was hired to conduct analysis of an operations plan which looked at options to expand the landfill. The City has been negotiating on and off with surrounding landowners over the past 15 years and recently came to an agreement. He demonstrated on the concept drawing how to best layout the land for landfill activities. The proposed eastward expansion of buried trash does not go any farther than what has already been used on a previous site for this purpose. Depending on future recycling plans, a transfer facility may be constructed at 37th Ave, at which time access would be closed at 20th Avenue and relocated to 37th Avenue. Mr. Sorenson discussed the alternatives that were considered once the capacity of the landfill was realized. The first was reclamation, which involves excavating old trash from previously closed cells and constructing lined cells in that location. It was determined that option would cost about $37 million but would only gain about 15 years of capacity. They also considered relocation but after speaking to ND Department of Health, realized that has not been done in North Dakota since 2009. At that time, Grand Forks looked at four different sites for relocation but ran into protests and other issues and ended up using a site adjacent to their previous location. He listed some drawbacks to relocation including, 9|Page PLANNING COMMISSION Regular Meeting January 29, 2018 Page 10 of 16 millions of dollars of infrastructure to relocate, and the additional labor and equipment to operate two facilities for 3-5 years. He estimated it would cost $5-7 million and likely result in increased sanitation fees to cover the additional costs. He then described the proximity to existing residential areas and said the new expansion cells do not go any farther east than they have already been. He stated that the east half of the north quarter is no longer included as part of the area to seek permitting for landfill from the state. He used some 3D renderings, created by CPS to demonstrate the buffering solutions such as tree rows to block the view of the landfill. Upon questioning by Commissioner Neether, Mr. Sorenson said the height of the waste material is about 80’ from the existing ground to peak and currently has a row of trees as a buffer. He responded to further questioning about relocation by saying his job is to identify cost effective sanitation service and moving to a site out of town would not accomplish that goal. They have not analyzed other sites but a cost benefit analysis could be prepared to provide more information. He then explained, the current site is regulated by the State Health Department which requires all garbage be covered with a layer of dirt each day to minimize the stench. Commissioner Wegenast asked about setbacks to which Mr. Sorenson responded by saying, one of the concerns he has heard is about the proximity from 30th St SW. The proposed expansion will be behind two tree rows and a distance of 1,400 feet from 30th Street. That is the phase 2 development which would not be used for about 40 years. The goal is to keep trash off the main corridors. He gave more details by explaining that in November, there was an area listed in the drawing as potential MSW, the east half of the north quarter which abuts the road, but it was removed as a result of the discussion during that meeting. They will not permit the east half of the eastern quarter which will create a greater distance from residences. Mr. Sorenson said the timeliness of the approval will affect how to proceed with operations. This is the very beginning of the permitting process but planning for future expansion will alter how they proceed with cells six and seven. Holding the item again would definitely delay the process and prevent staff from implementing their plans. Commissioner Hanson asked if the eastern half of the east quarter could remain zoned AG rather than be changed to Public in order to ease concerns from citizens. Mr. Sorenson said, a stormwater management pond is located in that corner to provide drainage but he would have to check with the State Health Department regarding whether the zoning category would affect permitting for the proposed stormwater facility. Commissioner Karpenko asked if the permitting process would be affected if conditions were placed on the eastern portion of the quarter to prevent a landfill from occupying that space. Mr. Sorenson said that should not be a problem. He further explained, the phased development of the property will also come before the Planning Commission for approval of each phase. The site has undergone a pre- application and was conditionally approved prior to purchasing the land. Some of the preliminary sampling found the soil classifications are similar to existing cells. Part of the permitting process will include a groundwater monitoring plan. 10 | P a g e PLANNING COMMISSION Regular Meeting January 29, 2018 Page 11 of 16 Brian Hankla, of 1930 28th St SW, spoke in opposition to the request. He listed provisions in the ordinance, found in Chapter 29 of the Zoning Code and said the City has not been held to the same requirements as other applicants. He read a section which states, “In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of public safety, health, convenience, comfort, prosperity, or general welfare.” He believes expanding the landfill does not promote those ideals. He questioned whether a study had been done as required in Chapter 1 and said he did not see any analysis on the issue. He said it is misleading to say the landfill operations will not be moving closer to residential property because that portion of land should not need to be rezoned. He then reviewed the findings from the staff report and said the property should have been rezoned prior to the purchase of the land. He questioned the additional expense of relocating the landfill and would like to see that analysis. Mr. Hankla mentioned the 11 requirements listed in Section 30-5. He said the site plan has not been provided and the structures for the proposed site have not been confirmed. The comprehensive land use plan also needs to be amended before the zone change can be considered. He stated, the plan is inconsistent with the expansion of the landfill but instead lays out a vision for commercial and residential expansion. Robert Hale, of 1919 2nd St SE, said he owns property within the 300’ notification area of the landfill. He urged the Commission to table the request for the zone change so that alternative locations can be investigated. He said, a landfill does not belong in a middle of a growing city. His 28 acre property abuts the property now owned by the City and he said staff recommended building a trailer court. He mentioned the relocation of Trinity Hospital and the effect the landfill will have on that facility. He questioned the conditional approval the City received from the state and said soil samples on his property revealed sand, gravel, and an underground river, which are not conducive for a landfill. He also asked for analysis on different locations for the landfill but there were none available. He said, just because $4 million was spent to purchase land, does not mean it is the only option. He demonstrated four other areas on a map in which he believes the City should consider relocating the landfill. He said when he built Somerset Court 18 years ago, he asked about the landfill but was told it would be relocated. Four years ago, he built an addition and said he was told the City was looking at other locations. Michelle Davis, of 1914 28th St SW, came forward to say she is concerned her home will lose value. She appreciates there will be trees to act as a buffer but is frustrated that the stench and the view from her home will be affected. She said it is especially unfair since the realtor said the landfill would be closing. Dusty Wald, of 2701 Brookside Drive, the Vice President of the Green Acres Homeowner’s Association, said they are opposed to the zone change because they believe the landfill will be closer to their properties. He said, he believes the process is flawed because there was little notification or public input on the issue. He wondered if other landowners who were not willing to sell their land to the City were offered 3.1 times their property value like this owner was. He also brought up the issue of refuse from the other six or seven county areas using the Minot landfill and asked if there are ways the City can deter them from dumping there. Melina Garbrandt, of 2216 23rd Ave SW, asked about recycling and if that would be done in tandem with the new landfill. She was told it would and more details will be discussed at the Committee of the Whole meeting on Wednesday. Ms. Garbrandt also asked about noise ordinances and increased truck 11 | P a g e PLANNING COMMISSION Regular Meeting January 29, 2018 Page 12 of 16 traffic that will go past the new hospital. The City Engineer stated, the five lane section of 37th Ave was designed as part of the transportation plan. As the City continues to grow it is intended to be one of our trunk arterials to connect the 83 bypass to the commercial area in southwest Minot. It is designed for a capacity of 25,000 vehicles per day. Robert Hale came forward to address the issue of inverse condemnation action. He said a decrease in valuation to nearby properties will result in a decrease in tax collection. Commissioner Hanson moved to deny the application. Motion seconded by Commissioner Berning. Commissioner Neether stated, he does not believe they have a complete application because there are items on the list in Chapter 30 that have not been provided. He said he would like to see a solid plan on the landscaping, buffering and height restrictions before approving. The Assistant City Attorney reminded, the Planning Commission, with this application the question is recommending the zone change, not the location of the landfill Whereupon a vote was taken on the motion by Commissioner Hanson, seconded by Commissioner Berning and was carried by the following roll call vote: ayes: Berning, Bullinger, DeMakis, Hanson, Karpenko, Keller, Koop, Wegenast. nays: Larshus, Neether Motion Passed Item #8 The City Council pass an ordinance to change the zone from C2 (General Commercial) District to RA (Agricultural Residential) District on Section 28-155-83, Outlot 5. This property is located north of 3800 Hwy 2 & 52W (Pilot Travel Center). Finding of Facts: 1. The subject property is located in the 100-year floodplain of the Souris River, isolated on the north and south sides by an existing dead channel loop. 2. The location of this parcel is not conducive to commercial development and staff does not want to encourage commercial development at this location. 3. The applicant has requested rezoning to AG, Agricultural District to use this property for keeping of privately owned horses. 4. The outlot to be rezoned contains 5.66 acres. A minimum of twenty (20) acres is required for AG zoning. 5. Staff recommended, and the applicant concurred, RA, Agricultural Residential District, which will suffice as the minimum lot size requirement is two (2) acres and this district allows for the keeping of horses. 6. If approved, the applicant can keep a pair of horses for the first two (2) acres and one (1) additional horse for each three (3) additional acres of land. (5.66 acres = three (3) horses) 12 | P a g e PLANNING COMMISSION Regular Meeting January 29, 2018 Page 13 of 16 7. The applicant owns additional adjacent and nearby properties such that the aggregate property may contain many more horses, depending on the size of the overall combined acreage. Recommendation and Conditions (if approved): Staff recommends approval of the rezoning request from C2 to RA. Mr. Lang explained that the current C2 zoning does not make the most sense for this area because the river cuts through it and it is part of the flood plain. The applicant originally requested to change the zone to Agricultural but it does not meet the size requirement so staff suggested Residential Agricultural. The applicant, Mark Larson, said he owns several surrounding parcels and said they are going to fence the lot for a pasture. Reed Soderstrom, spoke on behalf of himself and Mr. Gagner. He said he is concerned about the continuity of the area and added, it does the city a service to keep it commercial and maintain its economic vitality. Mark Gagner came forward to say that he currently has an application submitted to change the zone of adjacent properties from R1 to C2. He does not want this zone change to make his request look inconsistent and affect his approval. Commissioner Neether said it would be noted that the surrounding areas were C2 at the time of the application. Motion by Commissioner Wegenast, seconded by Commissioner Berning to approve the request with staff findings of fact and conditions and was carried by the following roll call vote: ayes: Berning, Bullinger, DeMakis, Hanson, Karpenko, Keller, Koop, Larshus, Neether, Wegenast. nays: none; abstain: Koop Item #9 The application to change the zone from C2 (General Commercial) District to AG (Agricultural) District and to adopt a resolution for a conditional use permit to allow a campground in AG zoning on Shiloh Addition, Lot 1 was withdrawn by the applicant. This property is located in the 1100 block of 29th St SW. Finding of Facts: 1. The subject property is zoned C2, “General Commercial District” but is undevelopable for most uses due to floodplain restrictions. 2. The applicant would like to construct an RV campground at this location which would be compatible with the floodplain restrictions. 3. A campground is only allowed in AG, “Agricultural Districts” and requires a Conditional Use Permit (CUP). 4. AG zones require twenty (20) acres minimum parcel size for any use, but the subject property is only 6.1 acres. 13 | P a g e PLANNING COMMISSION Regular Meeting January 29, 2018 Page 14 of 16 5. Staff recommends rezoning from C2 to AG and issuance of a CUP that allows for the reduced parcel size from twenty (20) to six (6) acres as part of the conditional approval for this project only. 6. An access easement to the campground along the 29th Street alignment that is acceptable to the Engineering and Public Works Department needs to be obtained from the City Council. Staff Recommendation and Conditions: Staff recommends approval of this conditional use permit subject to the following conditions: 1. As part of this conditional approval, the minimum parcel size for AG, Agricultural zones shall be reduced from twenty (20) acres to six (6) acres. Said approval of a reduced minimum lot area is specific only to this parcel for use as a seasonal campground for recreational vehicles. 2. The proposed site plan depicting the campground design and narrative describing the operational characteristics of the campground shall be incorporated by reference in this permit. 3. No permanent structures shall be constructed on this parcel. 4. A Development Agreement is required. 5. US Army Corps of Engineers approval is required for constructing a road through Souris River cutoff channel. 6. Access location and easement shall be defined and submitted for review. City Council shall have final approval of access easement, if allowed. The City will not be responsible for maintenance of the access easement. 7. Monthly fees for sewage disposal shall be determined by the Director of Public Works. Mr. Lang presented the application by saying the area is zoned C2 but is located in the flood plain so a campground would make sense. As a result of previous code revisions, the only zone that allows a campground is AG and it requires a Conditional Use Permit. Staff believes the permit would provide the most control the Commission can have since it has a specific use tied to a specific property and owner. A reduction in the minimum site area from 20 acres to 6.1 acres is proposed as a condition of the permit. He then described the different access routes for the property. Commissioner Neether asked if the application would require a variance since the AG zoning must be a minimum of 20 acres and the property is only 6.1 acres. The Assistant City Attorney read from Section 30-3 (a), which states, a conditional use permit shall not be granted unless it meets the minimum standards and requirements of the applicable zoning district where permitted. She said staff would need to re-notice the application. The Commission discussed the best course of action for the applicant. Commissioner DeMakis moved to deny the application for a zone change so the applicant could reapply for a variance instead. Motion seconded by Commissioner Karpenko. Sean Weeks, representing the applicant, withdrew the application. Commissioner Koop moved to withdraw the above motion, seconded by Commissioner DeMakis and carried by the following roll call vote: ayes: Berning, Bullinger, DeMakis, Hanson, Karpenko, Keller, Koop, Larshus, Neether, Wegenast. nays: none 14 | P a g e PLANNING COMMISSION Regular Meeting January 29, 2018 Page 15 of 16 Item #10 The City Council approve an application by BK Properties, Ken Herslip, to subdivide Urijah’s 1st Addition, Block 1, Lots 1 & 2 into 7 lots to be known as Urijah’s 2nd Addition, Block 1, Lots 1-7. Also, the City Council pass an ordinance to change the zone from RA (Agricultural Residential) District to R1 (Single Family Residential) District on proposed Urijah’s 2nd Addition, Block 1, Lots 1-7. This property is located south of 37th Ave SE and west of 38th St SE. Finding of Facts: 1. The applicant would like to subdivide additional lots for family members on property he owns known as Urijah’s 1st Addition. 2. A subdivision plat was prepared but the existing zoning of the property was in error on the City GIS system which delayed the progress of the project. 3. A seven lot R1 subdivision plat has been submitted along with a request to zone the entire tract to R1. 4. The rezoning request is in conformance with the comprehensive plan showing “low Density Residential” for this area. 5. Water and sewer is available to the subdivision. 6. The property is currently in the two-mile ETA but is not in proximity to the city limits so it cannot be annexed at this time. 7. A Developer’s Agreement will address future annexation and other details regarding this subdivision. Recommendation and Conditions (if approved): Staff recommends approval of this rezoning and subdivision request subject to the following conditions: 1. Final Storm Water Management Plans will be required and approved by the City Engineer. A detailed Drainage Plan has been submitted. 2. Erosion Control practices will need to meet State of North Dakota requirements and approved by the City Engineer. 3. Developer’s Agreement will be in place prior to the plat being recorded. 4. Non-protest of annexation agreement required for new lots. 5. Public Utility Fees will be required. Mr. Lang explained, the request is for a zone change from RA to R1 to use the land for residential property for the landowner’s family members. At this time, annexation into Minot city limits is not feasible. Terry Striefl, of 3400 37th Ave SE, spoke in opposition to the request. He said the neighborhood wants to maintain the rural lifestyle and does not want this type of housing. He mentioned concerns over accessibility and sewer hookup. He also explained that the neighborhood protested development in the past which lead to Mr. Herslip’s purchase of the property after the land then decreased in value. Mr. Striefl stated, the plot is currently located on property that he owns. He said the issue ownership is being addressed separately from the application. 15 | P a g e PLANNING COMMISSION Regular Meeting January 29, 2018 Page 16 of 16 Mr. Herslip responded by saying, the previous development proposed 56 homes on the property and the County did not approve it because the bridge access was not sufficient. There were also concerns over the water and sewer connections. After the developer worked with the City, it was decided that 56 houses were too many for 30 acres and at that time suggested reducing the development to 15 homes. The purchase fell through so Mr. Herslip bought the property. The City recently installed a sewer line nearby so the opportunity arose to build on the property and connect to the sewer. Mr. Herslip said, the lots could legally be 7,500 square feet but he chose to make each lot 1 acre. Mr. Herslip then addressed the boundary dispute by saying, KLJ has done a land survey of the development and determined that he owns the property. He said, documentation has been sent to Mr. Striefl without response. He said, they were told by their real estate agent that they own property they do not own. Upon questioning by Commissioner Neether, Mr. Herslip said he has marketable title to the property. Lee Koppy, of KLJ said, a boundary survey and title search was conducted prior to the application and checked again the week before the meeting. He also said Lot 4 was platted with an additional 25’ in lot width in case the court found in favor of the adjacent land owner. Accommodations were made to the plat so in a worst case scenario, the action of the Planning Commission can still move forward. The determination of the land ownership is for another governing body to decide. Duane Dechart, of 3800 38th Ave SE, said the main concern is that the lots are significantly smaller and would change the character of the neighborhood. He then explained that when the property was previously considered for development, Mr. Herslip’s family member lead the neighborhood in opposing the concept. He shared her emails from 2014, after the project was denied, in which she said, her family purchased the property and intend to build three houses on it. He requested the Planning Commission deny the request. Mr. Striefl came forward and stated, he knows this is not the place to discuss the legal issues and it never should have been brought up by Mr. Herslip but he said he has additional information and evidence and the boundary dispute is not over. (Mr. Striefl is correct in that, the Planning Commission meeting is not the place to discuss civil disputes between property owners and the alleged boundary dispute has no bearing on the Planning Commission’s recommendation.) Motion by Commissioner Wegenast, seconded by Commissioner Koop to approve the request with staff with staff findings of fact and conditions and was carried by the following roll call vote: ayes: Berning, DeMakis, Hanson, Karpenko, Keller, Koop, Neether, Wegenast. nays: none; abstain: Bullinger, Larshus Motion Passed With no further business before the Commission, the meeting was adjourned at 10:24 pm. 16 | P a g e