Planning Commission

PLANNING COMMISSION Regular Meeting July 30, 2018 Page 1 of 9 Regular Meeting: Planning Commission Location: City Hall, Council Chambers, 515 2nd Avenue SW, City of Minot, ND Meeting Called to Order: Monday, July 30, 2018 at 6:30 p.m. Presiding Official: Chairman, Jon Hanson Members in Attendance:, Randy Bartsch, Charles DeMakis, Jon Hanson, Justin Hochhalter, Tim Keller, Todd Koop, Jynette Larshus, Dustin Offerdahl, Boyd Sivertson, Todd Wegenast, Bob Wetzler Members Absent: Wallace Berning, Jody Bullinger City Staff Present: Principal Planner, City Attorney, City Clerk, City Engineer, Assistant City Engineer, Building Official, Public Information Officer, Police Chief, Fire Chief Others Present: Alderman Jantzer Meeting Called to order by Chairman Jon Hanson Approval of the June 25, 2018 Regular Meeting Minutes. Motion by Commissioner DeMakis, seconded by Commissioner Koop, to approve the June 25, 2018 regular meeting minutes and was carried by the following roll call vote: ayes: Bartsch, DeMakis, Hanson, Hochhalter, Keller, Koop, Larshus, Offerdahl, Sivertson, Wegenast, Wetzler. nays: none Motion passed Item #1: The City Council approve an application by Minot Park District, Ron Merritt, represented by Brett Gurholt, to subdivide Section 16-155-83 to subdivide Section 23-155-82, the unplatted NW1/4 and N1/2 SW1/4 into 1 lot to be known as Family Recreation Addition, Lot 1. Also, the City Council pass an ordinance on first reading to change the zone from AG (Agricultural) District to P (Public) District for the purpose of developing a day use park and a golf course on proposed Family Recreation Addition, Lot 1. Also, the City Council pass an ordinance on first reading to annex into city limits proposed Family Recreation Addition, Lot 1. Also, the City Council adopt a resolution to amend the Future Land Use Map to change from Low Density and Medium Density Residential to Parks and Open Space. This property is located north of 4th Avenue NW (County Road 15 West) and east of Rolling Hills Drive. 1|Page PLANNING COMMISSION Regular Meeting July 30, 2018 Page 2 of 9 Finding of Facts: 1. The applicant would like to develop a recreational facility for the citizens of Minot on a 240 acre parcel in northwest Minot. 2. Development of the property requires a one-lot subdivision, rezoning, annexation and an amendment to the Future Land Use Map of the Comprehensive Development Plan. 3. The land is zoned AG and will be rezoned to P, Public. 4. The Future Land Use Map will be amended from “Low and Medium Density Residential” to “Parks and Open Space.” 5. This property will be annexed into the city limits. Recommendation and Conditions Staff recommends approval of this development proposal as presented, including amendment of the Future Land Use Map, Rezoning, a one-lot subdivision plat and annexation into the City limits subject to the following conditions: 1) A stormwater management plan prepared by a licensed civil engineer shall be submitted to the Minot Engineering Department for review and approval. 2) The site will conform to floodplain management requirements. 3) Sidewalks will be required along urbanized road sections to City specifications. 4) Connection fees for access to City utilities are required to be paid. 5) A traffic impact study is required. 6) A Development Agreement is required. 19th Avenue NW must be improved to an urban road section when the golf course is constructed. The extent of improvements shall be determined in the Development Agreement. 7) Access to County Road 15 and any required roadway improvements shall be determined by the Ward County Engineer. The Principal Planner, Lance Lang described the location of the property. He said, since the flood, the Park District has been looking for a new area to relocate the golf course and their plans also include a day-use park. He showed designs of the project but said they are subject to change as this will be a multi-year project done in phases. He pointed out on the map, where a potential clubhouse could be located and described the access that would be necessary along that side. Mr. Lang continued by explaining the surrounding zoning and the necessary amendment to the Future Land Use Map. He said, the land is annexable and water and sewer connections are available. Brad Krogstad, Civil Engineer with KLJ, came forward on behalf of the applicant. He stated, they are agreeable to the conditions described in the staff report. He explained that they plan to begin some portion of the project next summer, starting with infrastructure and creating pathways. He emphasized the family recreation area that will be built in the first phase and that this project is more than just another golf course, it is intended to provide recreational opportunity for the entire family. Ron Merritt, Director of Minot Park District, came forward to answer any questions. He said, the project will take several years to complete and they will develop the property as funds are available. The rezoning and annexation of this property is the first step 2|Page PLANNING COMMISSION Regular Meeting July 30, 2018 Page 3 of 9 Commissioner Wegenast 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: Bartsch, DeMakis, Hanson, Hochhalter, Keller, Koop, Larshus, Offerdahl, Sivertson, Wegenast, Wetzler. nays: none Motion Passed Item #2 The City Council approve an application submitted by Tim Vallely, represented by Sean Weeks, to subdivide Section 27-155-83, Subdivision of Outlot 22, Lots 11-16 into 2 lots to be known as Hanover Subdivision, Lots 1 & 2. This property is located at 2125 Elk Drive. Finding of Facts: 1. The applicant is redeveloping this commercial site for a marine boat and RV center after a devastating fire destroyed the existing facility last year. 2. The applicant would like to subdivide the property into two lots to meet his purposes. 3. C2 zoning currently requires any lot used for outdoor display and sales to have a principal structure on the same lot. 4. Proposed Lot 1 of Hanover Subdivision contains the main sales building. 5. Proposed Lot 2 does not have a principal structure and the applicant does not want to erect one as he anticipates selling this lot in the near future. 6. Lot 2 is to be used for outdoor sales and display which requires a principal structure on the same lot to be compliant with zoning district regulations in C2 zoning. 7. Staff is proposing an amendment to the zoning ordinance that will allow a business featuring outdoor sales and service to operate on more than one lot with a primary building on any one of the lots as long as the property meets the following four requirements: a. All the lots are contiguous to one another b. All the lots are under common ownership c. All the lots are used as part of the same business venture d. All the lots meet standard commercial development requirements (parking, landscaping, drainage, etc.) 8. The applicant is requesting approval of the two lot subdivision to be known as Hanover Subdivision. Recommendation and Conditions: Staff recommends approval of the requested subdivision to be known as Lots 1 and 2, Hanover Subdivision subject to the following conditions: 1) Access locations to be approved by the City Engineer. 2) Public sidewalks are required on urbanized sections of 20th Avenue SW. 3) Connection fees apply to new buildings on proposed Lot 2, Hanover Subdivision. 4) Proposed Lot 2 of Hanover Subdivision shall be improved to the following commercial standards prior to use of the lot for display/storage of inventory: 3|Page PLANNING COMMISSION Regular Meeting July 30, 2018 Page 4 of 9 a. Hard-surface parking with concrete curb and gutter is required for all areas where boats, ATV’s, personal watercraft, trailers, associated equipment and similar will be parked. b. Landscape requirements as set forth in Chapter 24, Landscaping and Screening Standards shall apply to proposed Lot 2. 5) Approval of this subdivision shall be conditioned upon approval of the pending text amendment that is proposed for Section 11-4 allowing commercial lots for open sales to be part of a commercial business without a primary building as a conditional use as long as the lot meets the standards set forth in the proposed text amendment. If the amendment is not approved, this subdivision request will become null. Mr. Lang explained, the property had a fire last year and the owner has since rebuilt the building. The applicant is now requesting to subdivide the property so that the building is on Lot 1 and Lot 2 will be used for inventory and then will likely be sold in the future. The current zoning ordinance requires a business with outdoor sales and display to have a primary building on the lot, but the owner does not want to construct a second building on Lot 2. Since the property is adjacent to and has the same owner as Lot 1, Mr. Lang said, it doesn’t make sense to require another building. The proposed text amendment that addresses the building requirement must be approved before the subdivision can take place. Mr. Lang then described the additional conditions that were not included in the originally printed agenda. Sean Weeks, of Ackerman Estvold, came forward on behalf of the applicant and said they are agreeable to the conditions described by staff. Commissioner Wegenast moved to approve the request based on staff’s findings of fact and conditions. Motion seconded by Commissioner Larshus and was carried by the following roll call vote: ayes: Bartsch, DeMakis, Hanson, Hochhalter, Keller, Koop, Larshus, Offerdahl, Sivertson, Wegenast, Wetzler. nays: none Motion Passed Item #3 The City Council approve an application by Daniel Williamson, represented by Connie Jenkinson, to subdivide Section 17-155-83, Outlot 18 into 2 lots to be known as Roughrider Addition, Lots 1 & 2. This property is located at 600 54th Street NW. Findings of Facts: 1) The applicant is requesting a two acre subdivision in the two-mile ETA. 2) Proposed Lot one will be sold as an existing rural home site with the exiting house. 3) Proposed Lot 2 will eventually become part of Roughrider Campground. 4) Both proposed parcels are currently zoned RA, Agricultural Residential. Proposed Lot 1 will remain so, proposed Lot 2 will need to be rezoned in the future to AG to be used as a campground. 5) Staff recommends that all of the campground are be consolidated into one lot in the future. 4|Page PLANNING COMMISSION Regular Meeting July 30, 2018 Page 5 of 9 Staff Recommendation and Conditions: Staff recommends approval of the two-lot subdivision to be known as Roughrider Addition, Lots 1 and 2 subject to the following conditions: 1) A Stormwater Management Plan is required if the property develops into anything other than single-family residential. 2) Access locations to be approved by the Ward County Engineer. 3) Public sidewalks will be required if roadways become urbanized. Mr. Lang described the vicinity map and said the property is adjacent to the Roughrider Campground. The owner would like to split the lot in order to keep Lot 1 of approximately six acres with the house and Lot 2 of 2.69 acres to potentially include in the campground in the future. If that happens, proposed Lot 2 would need to be rezoned to AG (Agricultural), but they have not yet applied for the zone change. Rob Berard, of Ackerman Surveying, came forward on behalf of the applicant and said, they have no objection to the conditions provided by staff and they are aware of the zoning requirement. Commissioner Wetzler moved to approve the request based on staff findings of fact and conditions. Motion seconded by Commissioner DeMakis and was carried by the following roll call vote: ayes: Bartsch, DeMakis, Hanson, Hochhalter, Keller, Koop, Larshus, Offerdahl, Sivertson, Wegenast, Wetzler. nays: none Motion Passed Item #4 The City Council approve an application by Southwest Properties, LLC, Joe Kraft and Pat Kraft, to subdivide Southwest Business Park Addition, Block 2, Lots 2 and 3 into 2 lots to be known as Southwest Business Park 2nd Addition, Lots 1 and 2. This property is located at 1604 and 1620 36th Avenue SW. Finding of Facts: 1. The applicant recently platted this property as Southwest Business Park Addition, Block 2, Lots 2 and 3. 2. The resulting lots do not work well for a prospective purchaser, so the owner is now replatting this land into a new subdivision to be known as Southwest Business Park 2nd Addition, Lots 1 and 2. 3. The land is already zoned for commercial development as C2, General Commercial. 4. The zoning is in conformance with the Comprehensive Plan. 5. A Development Agreement was recorded with Southwest Business Park Addition and is still valid for these lots. Staff Recommendation and Conditions: 5|Page PLANNING COMMISSION Regular Meeting July 30, 2018 Page 6 of 9 Staff recommends approval of the requested subdivision to be known as Lots 1 and 2, Southwest Business Park 2nd Addition subject to the following conditions: 1) Lots must abide by recorded development agreement. 2) Public sidewalks are required along all streets. 3) Connection fees are required. Mr. Lang explained, the applicant is requesting a simple replatting to adjust the lot lines of this commercial subdivision to accommodate a prospective buyer. He mentioned, the utilities and roads are in place, the property is zoned C2, General Commercial, and it is ready for development. Donna Bye, of Houston Engineering, representing the applicant, came forward to answer any questions. Commissioner Wegenast moved to approve the request based on staff findings of fact and conditions. Motion seconded by Commissioner Offerdahl and was carried by the following roll call vote: ayes: Bartsch, DeMakis, Hanson, Hochhalter, Keller, Koop, Larshus, Offerdahl, Sivertson, Wegenast, Wetzler. nays: none Motion Passed Item #5 The City Council approve an application by TITA, LLC, Gabriel Holt, to subdivide North Minot Addition, Block 1, Lots 8-10; Ehr’s Addition, Lots 12 and 13; and Section 14-155-83, Outlot 40 into 1 lot to be known as Tita Addition, Lot 1. Also, the City Council pass an ordinance on first reading to change the zone from R3B (Multiple Residential) District and C2 (General Commercial) District to C2 (General Commercial) District on proposed Tita Addition, Lot 1 for the purpose of business development. This property is located at 516-600 3rd Street NW and 605-617 North Broadway. Finding of Facts: 1. The applicant is consolidating several existing parcels along North Broadway and 3rd Street NW to form a one lot subdivision to be known as Tita Addition. 2. Part of the property is zoned C2, General Commercial, and part is zoned R3B, a defunct zone that will need to be rezoned to C2 to accommodate the proposed commercial use of the property. 3. The Future Land Use Map shows all of this area as best suited for commercial development as it is designated “Commercial.” Staff Recommendation and Conditions: Staff recommends approval of the requested subdivision to be known as Lots 1, Tita Addition subject to the following conditions: 1) A stormwater management plan is required. 2) A traffic study is required. 6|Page PLANNING COMMISSION Regular Meeting July 30, 2018 Page 7 of 9 3) Public sidewalks are required. 4) Connection fees are required. Staff further recommends the rezoning request from R3B and C2 to C2 be approved. Mr. Lang said, the applicant is requesting a subdivision and a zone change to conglomerate several properties into one parcel for future commercial use. The parcels on Broadway are currently zoned C2 (Commercial), but the adjacent properties, located on 3rd Street NW are zoned R3B, which is a defunct zone. Gabriel Holt, representing Tita, LLC, said, they are acceptable to the conditions provided by staff. Stuart Larson, of 606 3rd Street NW, came forward in opposition to the request. As a resident north of the area, he said the neighborhood residents are worried about what commercial property will be built there. He said, all of the lots on 3rd Street NW are single family except for one and he would like more information before any changes are made. Commissioner Wetzler asked if any written protests were received, to which the Principal Planner stated, there were none. Mr. Lang then explained, the developer is required to install a 20’ wide buffer strip where the subject property abuts residential zoning or use (west and south sides) in accordance with the landscaping ordinance and it must have trees. He hoped this requirement may alleviate some of the neighbor’s concerns. Mr. Larson also brought up concerns about on-street parking, which is limited in the area. He said the traffic has increased since Taco John’s was built and he does not want similar traffic with the new development. Mr. Holt explained, his intention is to potentially build a family restaurant and the additional lots that are being rezoned is to ensure the parking lot can accommodate the business. He said, they will conform to the City requirements for Commercial zoning and develop the area to be aesthetically pleasing. Commissioner Keller asked if any designs have been made yet. Mr. Holt responded by saying, they have, and with using only the three properties that are currently zoned C2, there would not be enough space for the building and the required parking for a restaurant. He mentioned, he did not come prepared to describe the plans so he did not have them for the meeting. Upon further questioning, Mr. Holt said, the property will either be a family style restaurant or a bank concept. Zack Krukenberg, of 511 3rd Street NW, asked if access will be available from 3rd Street NW or just from Broadway. Mr. Holt said, they plan to have an egress point in the back but the primary entrance will be from Broadway. 7|Page PLANNING COMMISSION Regular Meeting July 30, 2018 Page 8 of 9 Mr. Lang said, a traffic study is required as one of the conditions, and he asked if it would affect the project if the study reveals that the location cannot have access to 3rd Street NW. Mr. Holt explained, the reason behind the request is to have enough parking for the business so access to 3rd Street NW would not break the project. Upon further questioning, Mr. Holt said, he would be willing to eliminate the exit to 3rd Street NW if the traffic study proved it was necessary to do so. Commissioner Wegenast moved to approve the request based on staff findings of fact and conditions. Motion seconded by Commissioner Koop and was carried by the following roll call vote: ayes: Bartsch, DeMakis, Hanson, Hochhalter, Keller, Koop, Larshus, Offerdahl, Sivertson, Wegenast, Wetzler. nays: none Motion Passed Item #6 The City Council pass an ordinance on first reading amending Section 11-4 of the City of Minot Zoning Code. Mr. Lang explained, this is the text amendment mentioned earlier that will eliminate the need for a second building on contiguous property used for the same business. The following change is recommended by staff: Section 11-4. Conditional Uses: Within any C2 district, no structure or land shall be used for the following uses except by a Conditional Use Permit: a) Open sales/rental lots (motor vehicles, manufactured homes, and recreational vehicles) for permitted or conditional uses in the C2 district subject to the following requirements: 1) Shall have a principal structure on the lot. In cases where multiple lots are proposed for open sales, only one of the lots is required to have a principal structure on the lot if all lots are contiguous to one another, under common ownership and used for the same business operating from the principal structure. Typical commercial site development standards, such as, but not limited to such requirements as; hard-surface parking, concrete curb and gutter, landscaping, lighting, storm drain, public sidewalks and similar as requested by Staff, Planning Commission and/or City Council shall be required of the adjacent lot(s) to the primary business before the lot(s) can be used for display or storage of inventory, even if no building is required on the lot(s). 2) Vehicles for sale, lease, or rental shall be parked on a paved surface that conforms to Chapter 23. a) No outside repair or maintenance of vehicles. b) Parking lot landscaping shall comply with all requirements of Chapters 21 and 23. c) No auctions shall be permitted. d) The use of outdoor speaker systems shall be limited to the hours of seven o’clock (7:00) A.M. and ten o’clock (10:00) P.M. e) Delivery and loading hours shall be limited to the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. for all open sales/rental lots that abut or are across the street from a residential use. No idling trucks shall be permitted outside of approved delivery hours. 8|Page PLANNING COMMISSION Regular Meeting July 30, 2018 Page 9 of 9 The Principal Planner then reminded the Commission, the Hanover subdivision is reliant on passage of this text amendment by the Commission and Council before Hanover Subdivision can be granted final approval and recorded. Commissioner Wetzler moved to approve the ordinance amendment to Section 11-4 of the Zoning Code as recommended by staff. Motion seconded by Commissioner Bartsch and was carried by the following roll call vote: ayes: Bartsch, DeMakis, Hanson, Hochhalter, Keller, Koop, Larshus, Offerdahl, Sivertson, Wegenast, Wetzler. nays: none With no further business before the Commission, the meeting was adjourned at 7:17 pm. 9|Page