Planning Commission

PLANNING COMMISSION Regular Meeting May 29, 2018 Page 1 of 6 Regular Meeting: Planning Commission Location: City Hall, Council Chambers, 515 2nd Avenue SW, City of Minot, ND Meeting Called to Order: Tuesday, May 29, 2018 at 6:30 p.m. Presiding Official: Chairman, Tyler Neether Members in Attendance:, Jody Bullinger, Charles DeMakis, Jon Hanson, Pam Karpenko, Todd Koop, Jynette Larshus, Tyler Neether, Dustin Offerdahl, Todd Wegenast, Bob Wetzler Members Absent: Randy Bartsch, Wallace Berning, Tim Keller City Staff Present: Principal Planner, City Attorney, City Clerk, City Engineer, Building Official, Public Information Officer, Police Chief Others Present: Alderman Jantzer, Alderman Olson Meeting Called to order by Chairman Tyler Neether Approval of the April 30, 2018 Regular Meeting Minutes. Motion by Commissioner DeMakis, seconded by Commissioner Koop, to approve the April 30, 2018 regular meeting minutes and was carried by the following roll call vote: ayes: Bullinger, DeMakis, Hanson, Karpenko, Koop, Larshus, Neether, Offerdahl, Wegenast, Wetzler. nays: none Motion passed RECOMMENDATIONS Item #1: The City Council approve an application by Chris Sison to subdivide Section 23-155-82, Outlot 13 into 2 lots to be known as Bugle Meadow Addition, Lots 1 & 2. This property is located at 8421 11th Ave SE. Finding of Facts: 1. The applicant would like to split an existing 20-plus acre parcel of land into two lots, one of which will accommodate an existing farmstead and associated outbuildings on five acres. The remainder of the land is contained in the second lot. 2. The land is zoned RA and the zoning is appropriate for the use. 3. The applicant has submitted an application for a two lot subdivision to be known as Bugle Meadow Addition. Recommendation and Conditions: 1|Page PLANNING COMMISSION Regular Meeting May 29, 2018 Page 2 of 6 Staff recommends approval of this two-lot subdivision request as presented. Principal Planner, Lance Lang, explained that the applicant is requesting the 20 acre parcel be split into two pieces. Lot 1 will consist of five acres and include the existing farmstead and the second lot will be the remainder of the land. There is a ten foot utility easement across the frontage of the south side of the plat. It is currently zoned RA, Agricultural Residential District, which is appropriate and will not change. No one appeared on behalf of the application. Commissioner Koop moved to approve the request based on staff’s findings of fact. Motion seconded by Commissioner DeMakis and was carried by the following roll call vote: ayes: Bullinger, DeMakis, Hanson, Karpenko, Koop, Larshus, Neether, Offerdahl, Wegenast, Wetzler. nays: none Motion Passed Item #2 The City Council approve an application by Keller Paving & Landscaping, represented by Sean Weeks, and adopt a resolution for a Conditional Use Permit to allow a portable asphalt plant and associated aggregate piles on Section 29-155-82, Outlot 37. Also, the City Council adopt a resolution to amend the Future Land Use Map from Commercial and Conceptual Greenway to Industrial and Conceptual Greenway on Section 29-155-82, Outlot 37. This property is located at 1820 Hwy 2 Bypass E. Finding of Facts: 1. The applicant has been operating a portable asphalt batch plant at a remote location for many years which is inefficient and the applicant would like the City to approval a Conditional Use Permit (CUP) to allow a batch plant at this location along with appropriate scale stockpiling of materials. 2. The subject property is properly zoned as M1, Light Industry for this use if the CUP is approved. 3. The applicant has submitted a CUP application package including a Site Plan and justification for consideration by the Commission and Council. 4. Staff has met with the applicants to discuss development issues and staff has recommended a number of conditions be attached to address concerns as listed under the “Recommendations and Conditions” section in this staff report. 5. Some of the conditions require approval from NDDOT which is beyond staff purview and jurisdiction. If the conditions required by NDDOT cannot be met, the permit will not be issued regardless of compliance with City of Minot promulgated requirements. Recommendations and Conditions (if applicable): Staff recommends approval of this Conditional Use Permit subject to compliance with all of the following conditions: 2|Page PLANNING COMMISSION Regular Meeting May 29, 2018 Page 3 of 6 1. A Traffic Study will be required to NDDOT standards and approved by NDDOT and the City Traffic Engineer. 2. Storm Water Management Plans will be required and approved by NDDOT and the City Engineer. 3. Erosion Control practices will need to meet State of North Dakota requirements and approved by the City Engineer. 4. Screening of the outdoor storage areas where the batch plant or materials are stockpiled and visible from the highway is required. An earthen berm or planting of evergreen conifer trees five feet in height, or a combination of the two will provide an adequate screen if the trees are planted no more than twenty feet apart in these areas. Credit will be given for retaining existing trees if they are located such as to provide the desired screening effect. 5. The Landscape Plan and associated Plant Schedule shall be amended to include conifers to screen the outdoor storage areas. Staff further recommends approval of the amendment to the Future Land Use Map. Mr. Lang described the vicinity map then explained, the applicant is requesting a conditional use permit for a portable batch plant for asphalt. They currently have one in a remote location so relocating would make it more efficient, put less wear and tear on the roads and would be safer. The location is mostly industrial area along the highway. The NDDOT will require a traffic study as well as other conditions. He described the improvements that will be made including asphalt paving, fencing, and landscaping. Trees will be added along the frontage as required by the landscaping ordinance and staff has requested they include conifer trees that will provide a year round buffer. The Future Land Use map shows the property as commercial but it should be industrial so staff recommends the map be amended. Sean Weeks of Ackerman Estvold, representing the applicant, came forward to say, they are in agreement with the conditions. They will submit a full site plan and review package and will comply with the NDDOT requirements. Commissioner Karpenko asked about the bond required for landscaping to which Mr. Lang responded by saying, it was added to the landscaping ordinance to ensure the landscaping gets done even if a certificate of occupancy is issued during the winter when landscaping cannot be completed. Commissioner Neether asked if there would be issues if the property is located in the floodplain or floodway. The City Engineer said, a portion of it will be in the floodplain but because it is a portable structure it is okay. If it was a permanent structure on a footing and foundation they would have to elevate one foot above floodplain level. Commissioner Karpenko moved to approve the request based on staff’s findings of fact and conditions. Motion seconded by Commissioner Koop and was carried by the following roll call vote: ayes: Bullinger, DeMakis, Hanson, Karpenko, Koop, Larshus, Neether, Offerdahl, Wegenast, Wetzler. nays: none Motion Passed Item #3 3|Page PLANNING COMMISSION Regular Meeting May 29, 2018 Page 4 of 6 The City Council approve an application by Deven Mantz to subdivide N½NE¼NE¼SE¼ of Section 34- 155-82 into 2 lots to be known as Outlots 18 & 19, Section 34-155-82. Also, the City Council pass an ordinance to change the zone from RA (Agricultural Residential) District to MH (Manufactured Home) District on proposed Outlot 19, Section 34-155-82. Proposed Outlot 18, Section 34-155-82 will remain RA. This property is located at 2820 72nd St SE. Finding of Facts: 1. The subject property consists of 5.03 acres, more or less and the applicant would like to subdivide it into two outlots. 2. The property is currently zoned RA, Agricultural Residential District. 3. A manufactured home is existing on the parcel that will become Outlot 19 and it is a legal non- conforming use since manufactured homes are only allowed in MH, Manufactured Home District under the current ordinance. 4. The applicant has requested rezoning of Outlot 19 to MH. 5. If the rezoning is not approved, the manufactured home can remain as a legal non-conforming use. 6. The Future Land Use Map offers no guidance on the rezoning issue. 7. Proposed Outlot 18 will remain zoned RA and a single-family home will be erected or moved on it in the future Staff Recommendation and Conditions Staff recommends approval of the subdivision of this property into Outlots 18 and 19 and further recommends approval of rezoning from RA to MH for Outlot 19. Mr. Lang stated, the applicant would like to split the property into two parcels. They each include right of way dedication making the lots 2.01 acres each, which meets septic requirements. There is an existing manufactured home on Outlot 19 and they would like to build a house on Outlot 18. The lot with the manufactured home will need to be rezoned as the City Council ruled in 2013 that manufactured homes need to be in an MH, Manufactured Home District. Upon questioning by the Commission, the applicant stated, the manufactured home has been in place since 1998-1999 when it was in compliance with the zoning. Commissioner Neether asked about access to the parcels, to which Mr. Lang responded by saying, there would be access from 72nd Street SE and 28th Avenue SE, which are both public roads. Commissioner Karpenko moved to approve the request based on staff findings of fact and conditions. Motion seconded by Commissioner Larshus and was carried by the following roll call vote: ayes: Bartsch, Bullinger, DeMakis, Hanson, Karpenko, Keller, Koop, Larshus, Neether, Wegenast, Wetzler; nays: none Item #4 4|Page PLANNING COMMISSION Regular Meeting May 29, 2018 Page 5 of 6 The Planning Commission approved an application by Linda Olson & David Leite for the following variances to construct an art studio and relocate a garage on Springfield Addition, Block 2, Lot 1 & E5’ of Lot 2: • Variance to the front yard setback along Main Street from the required 25’ to 11’ for the existing home and from the required 25’ to 19’ for the proposed studio/garage addition. • Variance to the front yard setback along 11th Ave NE on the existing home from the required 25’ to 22’. • Variance to the side yard setback from the required 5’ to 4’ on the existing home. This property is located at 2 11th Ave NW. Finding of Facts: 1. This property was platted years ago under much different standards than those that exist today. 2. Other properties in the neighborhood were platted a t the same time and to the same standards. 3. The existing house does not meet the setbacks for either street yard or the interior side yard. 4. The applicant would like to construct an attached structure housing an art studio and a garage. 5. Three variances are required to meet the applicant’s intent. Recommendations and Conditions (if applicable): Staff recommends approval of the following variances due to existing site conditions including the siting of the existing house, the topography of the site, the large trees present on site, as well as conditions prevalent and shared by neighboring properties where current setbacks cannot reasonably be satisfied without major disturbance to the neighborhood.  Variance to the front yard setback along Main Street from the required 25’ to 11’ for the existing home and from the required 25’ to 19’ for the proposed studio/garage addition.  Variance to the front yard setback along 11th Ave NE on the existing home from the required 25’ to 22’.  Variance to the side yard setback from the required 5’ to 4’ on the existing home. Mr. Lang explained, the lots were platted in 1929 when the standards for setbacks were different than they are today. The applicant would like to build an addition to include an art studio and garage. He clarified, the staff report said there would be a dance studio but that is not the case. It will be an art studio and there will be no customer traffic. He stated, variances are required to provide justification as to why the house does not meet current setback requirements. He then demonstrated that the neighboring houses do not meet setback requirements either, as they were platted during the same time period. The applicant, David Leite came forward to respond to any questions. He said, the garage that was previously there was built on the steepest area of the lot and has since caved in and been removed. His wife is a professional artist and would like to have a studio to work in. Commissioner DeMakis moved to approve the item based on staff finding of fact and conditions. Motion seconded by Commissioner Larshus and was carried by the following roll call vote: ayes: Bullinger, DeMakis, Hanson, Karpenko, Koop, Larshus, Neether, Offerdahl, Wegenast, Wetzler. nays: none 5|Page PLANNING COMMISSION Regular Meeting May 29, 2018 Page 6 of 6 Motion Passed Commissioner Karpenko took a moment to say it would be her last meeting on the Planning Commission. She thanked City staff and said she has learned a lot about City government and has made a lot of friends. With no further business before the Commission, the meeting was adjourned at 6:57 pm. 6|Page