Planning Commission

PLANNING COMMISSION MINUTES Regular Meeting October 05, 2021 Page 1 of 6 Regular Meeting: Planning Commission Location: City Hall, Council Chambers, 515 2nd Avenue SW., City of Minot, N.D. Meeting Called to Order: Tuesday, October 05, 2021, 5:30 p.m. Presiding Official: Charles DeMakis Members in Attendance: Baumann, DeMakis, Gates, Hochhalter, Iverson, Offerdahl, Sessions Members Absent: Barnett, Faken, Koop, Lider, Nesdahl, Wegenast City Staff Present: Principal Planner Van Dyke, Assistant Planner Peter Baumgartner, Community and Economic Development Director Billingsley, Assistant City Engineer Huettl, Assistant City Attorney Stalheim, Alderman Podrygula Others Present: Jacob Lizotte, Applicant for Item 6; Casey Schmidt, Applicant for Item 5 Meeting Called to Order by Chairman DeMakis at 5:30 p.m. Item #1 Roll Call Item #2 Pledge of Allegiance Item #3 Planning Commission Intro and Public Hearing Decorum Item #4 Approval of Minutes Motion by Commissioner Offerdahl to approve the September 08, 2021 Planning Commission Meeting Minutes, second by Sessions, and was carried by the following roll call vote: ayes: Baumann, DeMakis, Gates, Hochhalter, Iverson, Offerdahl, Sessions nays: none Motion carries The following are the recommendations of the Planning Commission: Item #5 Case # 2021-10.01 Outlot Plat and Zoning Map Amendment Planning Commission recommends City Council approve an outlot plat to be known as Outlot 16 of Section 26, Township 156 North, Range 83 West and pass an ordinance on first reading to change the zone from “AG” Agricultural District to “P” Public District for the purpose of delineating the existing pet cemetery. This property is located west of 210 62nd Ave NW. Chairman DeMakis asked Planner Baumgartner for his report. Public hearing request on an application from Casey Schmidt representing Sunset Memorial and John Pitner, owners, to create an outlot plat and to change the zoning designation of said outlot from “AG” Agricultural District to “P” Public District for the purpose of delineating the existing pet cemetery. The proposed Outlot plat is to be known as Outlot 16 of Section 26, Township 156 North, Range 83 West. The property is legally known as a portion of Outlot 3 and an unplatted portion of the SE ¼ SE ¼ of Section 26, Township 156 North, Range 83 West. The property is located west of 210 62nd Ave NW. An aerial view of the property is provided in Exhibit 1 of staff’s written report. The Outlot Plat is being requested by Casey Schmidt, representing Sunset Memorial Gardens and John Pitner, 1 PLANNING COMMISSION MINUTES Regular Meeting October 05, 2021 Page 2 of 6 owner/applicants, to split off a 0.49-acre portion of Pitner’s land containing an existing pet cemetery so that it may be given to Sunset Memorial Gardens, who is currently operating and maintaining it. In the past, the area that comprises the proposed outlot belonged to Sunset Memorial Gardens as a portion of the west side of Outlot 3. However, it was inadvertently swapped for another property owned by Mr. Pitner. Some time later, it was discovered that the pet cemetery was located on Mr. Pitner’s land, and not part of the cemetery. The two parties have organized creation of the proposed Outlot 16 as a way to remedy the issue. Exhibit 2 of staff’s written report includes the Outlot Plat for proposed Outlot 16. The proposed Outlot Plat is requested to be zoned “P” Public District, which does not have minimum requirements. A zoning map and future land use map of the area is provided in Exhibits 3 & 4 of staff’s written report, respectively. A photo of the site is shown in Exhibit 5 of staff’s written report. FINDINGS OF FACT: The Minot Planning Commission should accept the following findings of facts: 1) The applicants have submitted a complete application. 2) At one point, the subject property was unintentionally given to Mr. Pitner by Sunset Memorial Gardens as part of a land exchange. 3) The existing zoning of the property is “AG” Agricultural District. 4) No Future Land Use Map designation is assigned to the subject property. 5) The requested zone change is justified by a change in conditions stemming from the necessity to create Outlot 16 in order to delineate the existing pet cemetery after it was unintentionally excluded from the rest of the cemetery. 6) The proposed outlot plat will not create an additional need for public facilities and services to serve it, per Section 9.1-7 H. 2. 7) There exists no evidence the approval of a zone change will substantially diminish the condition or value of property in the vicinity per Section 9.1-7 H. 3. 8) The applicants’ request is consistent with the City of Minot 2012 Comprehensive Plan Land Use Goal #2, Policy #2. 9) The applicant’s request is consistent with the bulk requirements of the Minot’s Land Development Ordinance. 10) The Minot Planning Commission has the authority to hear this case and recommend that it be approved or denied. The public notice requirements were met, the hearing was legally noticed and posted and the hearing was held and conducted under the requirements of North Dakota Century Code and Minot City ordinances. RECOMMENDATION: 2 PLANNING COMMISSION MINUTES Regular Meeting October 05, 2021 Page 3 of 6 Staff recommends the Planning Commission adopt the staff findings of fact and recommend approval to City Council of the Outlot Plat and Zoning Map Amendment application, subject to the following condition: 1) No later than six months after a subdivision design has been approved by the City Council, the applicant for design approval may submit the final form of the instrument or document to the City Engineer which is to be recorded in the office of the County Recorder in order to accomplish the subdivision or to establish the necessary predicate for the later accomplishment of the subdivision. That is, the subdivider shall submit the final form of the original of the appropriate instrument of conveyance, auditor’s outlot plat, or plat, and the necessary copies thereof required by ordinance or by way of regulation. The City Engineer shall indicate his approval on the original by signing his name under a suitable statement or 5 legend that expresses approval. However, if the documents or instrument for which approval is sought is a plat, then before the City Engineer approves it he shall first satisfy himself that the technical requirements of Section 10.2-5 have been complied with and that monuments have been placed at all block corners, lot corners, angle points, points of curves in streets which are depicted in the plat, and at such intermediate points as may be required. Chairman DeMakis opened up the meeting for comments from the commissioners. None of the commissioners had any questions or comments from staff. Chairman DeMakis asked for comments from the public. Casey Schmidt, the caretaker of Sunset Memorial Gardens and the Applicant for the item came forward and first stated that Planner Baumgartner did an awesome job of explaining his case after which clarified a few of the details on the case. Mr. Schmidt explained that for the past 50 years, Sunset Memorial Gardens had thought that from the pet cemetery north was on their property and they had only recently found out from the land owner that that wasn’t the case. After some back and forth conversations between Sunset Memorial Gardens and the land owner they were able to come up with this solution and he offered to answer any questions that they may have. Chairman DeMakis thanked him for his comment and said that he was glad they were able to find a solution to the problem. Chairman DeMakis asked for a motion from the commissioners. Motion by Commissioner Baumann to recommend approval per staff recommendations with conditions based on findings of fact, second by Commissioner Iverson, and was carried by the following roll call vote: ayes: Baumann, DeMakis, Gates, Hochhalter, Iverson, Offerdahl, Sessions nays: none Motion Carries Item #6 Case # 2021-10.02 Zoning Map Amendment Planning Commission recommends City Council adopt a resolution to amend the Future Land Use Map designation from General Mixed Use to Low Density Residential and approve an ordinance on first reading to change the zone from “C2” General Commercial District to “R1” Single-Family Residential District for the purpose of selling the applicant’s home. This property is located at 810 East Burdick Expressway. Chairman DeMakis asked Planner Baumgartner for staff’s report. Public hearing request on an application from Jacob Lizotte, owner, for a zoning map amendment from “C2” General Commercial District to “R1” Single-Family Residential District for the purpose of selling his home. The 3 PLANNING COMMISSION MINUTES Regular Meeting October 05, 2021 Page 4 of 6 applicant is also amending the Future Land Use Map designation of his property to change it from General Mixed Use to Low Density Residential. The property is legally known as the W50’ less the N10’ Lot 6 & the W50’ of Lot 7, Block 3, Hecker’s Third Addition to the City of Minot, North Dakota. The property is located at 810 East Burdick Expressway. The applicant seeks to rezone his single-family lot from “C2” General Commercial District to “R1” Single-Family Residential District for the purpose of selling his home. The applicant’s home was originally built in 1930, and the Burdick overpass next to it was built in the late 1930s. When the zoning ordinance was adopted in 1958, the property was zoned as “C-1” Neighborhood Commercial, and in 1963 it was zoned as “C-2” General Commercial District. Since then, the overpass was expanded northward by two lanes in the 1980s, which necessitated the rearrangement of the one-way access road to the applicant’s property. Additionally, there was a change to the zoning code in 2013 that disallowed stand-alone residential dwellings from being in commercial zoning which left the applicant’s home as a legal non-conforming use of the land. An aerial view of the subject property can be found in Exhibit 1 of staff’s written report. The zoning and future land use designation of the subject property and surrounding area is provided in Exhibits 2 & 3 of staff’s written report, respectively. FINDINGS OF FACT: 1) The applicants have submitted a complete application. 2) The applicant’s home was originally built in 1930, it was first zoned as “C-1” Neighborhood Commercial in 1958, and then as “C-2” in 1963. In 2013 the zoning ordinance prohibited residential homes as a permitted use in commercial zoning districts. 3) Access to the applicant’s property was impacted due to the highway expansion northward in the 1980s, and the access road is not conductive for high intensity sues as-is. 4) A change in zoning from “C2” General Commercial District to “R1” Single-Family Residential District will be in alignment with the FLU map, pending the proposed change. 5) As conditions have changed for the property since it was zoned “C-2” in 1963. Section 9.1-7 H. 1. is satisfied 6) No additional public services will be required to support the request and Section 9.1-7 H. 2 is satisfied. 7) Staff finds no evidence that the existing land use will substantially diminish the condition or value of property in the vicinity per Section 9.1-7 H. 3. 8) Per Section 9.1-7 H. 4., the zoning change is consistent with the purpose of the Zoning Ordinance and other adopted policies of the City and will be consistent with the comprehensive plan. 9) The proposed changes to the zoning and future land use map designations align with Transportation Goal #1 and Housing Goal # 5 of the comprehensive plan. 10) The Minot Planning Commission has the authority to hear this case and recommend that it be approved or denied. The public notice requirements were met, the hearing was legally noticed and posted and the hearing was held and conducted under the requirements of North Dakota Century Code and Minot City ordinances. 4 PLANNING COMMISSION MINUTES Regular Meeting October 05, 2021 Page 5 of 6 RECOMMENDATION: Staff recommends the Planning Commission adopt staff findings of fact and recommend approval to City Council of a zoning map amendment from “C2” General Commercial District to “R1” Single-Family Residential District and to amend the Future Land Use Map designation for the property from General Mixed Use to Low Density Residential for the W50’ Less the N10’ of Lot 6 and W 50’ of Lot 7, Block 3, Hecker’s Third Addition. Chairman DeMakis opened up the meeting for comments from the commissioners. Commissioner Baumann thanked Planner Baumgartner for his report and asked him to clarify if the abutting High Country Coca-Cola would be on the south side of the subject property to which Baumgartner responded that that was correct. Baumann then asked if the guidelines for the 15’ setback would only apply if the Coca-Cola High Country wanted to build something in the future and that it wouldn’t apply to current development to which the Assistant Planner responded that that was correct. Commissioner Sessions then asked Baumgartner how would the setback issue be solved to which he responded that the way to do it would be request a variance based off of a hardship to get some alleviation from the setback requirements. Sessions then asked if anything could be done at this time to which Baumgartner responded that as it stands right now that setback is not doing anything to them, that it will be there and exist when they go to build something, but right now it has no effect on the property. Commissioner Baumann then asked about the right to residency in the current zoning code, stating that this is a resident living in a commercial zone and asked if it was legal for someone to build a home on a C1 or C2 zoned lot. The Assistant Planner responded that it is currently not allowed and that since it was initially changed in 2013 (the prohibition to residential uses in commercial zoning) has remained in effect, but (a home owner) could still rebuild it if less than 50% of it were destroyed by some catastrophe, and other than that you would not be able to rebuild and build a new home on any commercial or industrial property throughout the city’s jurisdiction. Chairman DeMakis asked for comments from the public. Jacob Lizotte, the property owner, came forward to give some additional background on the property. Lizzotte stated that he had bought the property two years ago in a HUD auction, but he wasn’t able to get a home loan for it due to the commercial zoning and had to find creative ways to come up with the money. Now after two years of living there he is now able to sell it in December and he needs to get it rezoned so that someone else can get a home loan. He concluded by stating that he didn’t know it was a commercial property when he won the HUD bid, it was only when he went to get a home loan that he found out. Chairman DeMakis asked for a motion from the commissioners. Motion by Commissioner Offerdahl to recommend approval per staff recommendations with conditions based on findings of fact, second by Commissioner Sessions, and was carried by the following roll call vote: ayes: Baumann, DeMakis, Gates, Hochhalter, Iverson, Offerdahl, Sessions nays: none Motion Carries Item 7: Other Business Principal Planner Van Dyke gave a presentation on the roles and responsibilities of Planning Staff and Planning Commissioners and let them know about some of the training opportunities later this year. 5 PLANNING COMMISSION MINUTES Regular Meeting October 05, 2021 Page 6 of 6 Community and Economic Development Director Billingsley then had a discussion with the Planning Commission on whether or not to change the meeting schedule for 2022 to something other than the first Tuesday of the month. The Planning Commission decided to continue meeting on the first Tuesday of the month and on the first Wednesday of the month whenever a conflict was created due to a holiday. Adjournment With no further business, Chairman DeMakis adjourned the meeting at 6:05 PM. 6