Zoning Ordinance Steering Committee

Steering Committee Meeting May 2, 2017 Page 1 of 17 Members present: Rolly Ackerman, Joel Feist, Rich Galster, Tyler Neether Others present: Robert Davis, planning director, Lance Lang, principal planner, & Reed Elmquist, assistant planner, City of Minot Planning office; Mia Farstad, Minot Area Development Corporation; Tim Keller, Northstar Steel Ackerman called the meeting to order at 7:30 A.M. He began by proposing additional changes to Chapter 15.2, Sections 8-9: CHAPTER 15.2 - "I1” LIGHT INDUSTRIAL PARK DISTRICT Section 15.2-8. Landscaping and Screening: c) Outdoor Storage and Display. 1) No outdoor storage is allowed in the front yard; however, outdoor display is allowable. 2) Any incidental outdoor storage areas that are located in the side yard or rear yard and visible from any public street shall be screened from view with a solid fence or screening wall eight (8) feet in height. Chain-link fencing or chain-link fencing with internal slats shall not meet this screening requirement. 3) Storage areas abutting a similar use or zoning district (including more intensive zoning districts) that are not visible from public roadways are not required to be screened. Section 15.2-9. Off-Street Parking and Access a) Parking areas shall be distributed around large buildings on not less than two sides in order to shorten the distance to other buildings and sidewalks and to reduce the perceived scale of paved surfaces. b) Parking in the front yard shall be limited to thirty (30) spaces or twenty percent (20%) of the total required parking, whichever is greater. c) The areas required for hard-surfaced paving are primary access drives and fire lanes, office parking areas, and handicapped parking spaces where there is expected to be a significant amount of vehicular and pedestrian traffic. d) An exception to paving requirements can be made for parking areas and outdoor storage/display areas where crushed and/or recycled rock, concrete, gravel, or other surfaces can be used within the defined parking area as approved during site plan review. e) Outdoor parking/storage area surfaces/dust control including sealants shall be maintained by the property owner for their intended function for the duration of its life. f) Off-street parking facilities, including vehicular drives and maneuvering areas, in the I-1 District are prohibited within: 1) Twenty feet (20’) of street rights-of-way. Steering Committee Meeting May 2, 2017 Page 2 of 17 2) Thirty feet (30’) from all residential districts. He stated that he had removed the 10% limit for display areas in Section 8-c1, as a lot with the minimum width of 330 feet would be limited to 33 feet for display. Feist pointed out that numerous other equipment dealers use their entire frontage for display. Ackerman also proposed eliminating Section 10, Pervious Parking, and adding two additional items, d and e, to Section 9. Neether then questioned whether a buffer yard should be required for properties abutting an Agricultural district under Section 8b. Davis responded that an agricultural property in itself would be a buffer. Tim Keller proposed requiring chain link fences to catch blowing trash and tumbleweeds. Feist and Ackerman responded that they would likely be built for security reasons anyway. Motion to approve changes by Feist, seconded by Galster. Motion carried. Ackerman then questioned whether the 330’ minimum lot width would create access issues. Galster questioned whether any local roads could come under scrutiny of the Department of Transportation. Ackerman responded that the City Engineer would determine where to allow access points on city streets, and the county, state, and federal transportation agencies could have a say in regulating the number of access points. Davis responded that major collector streets require 330 feet between access points, and minor arterials require double, 660 feet. A road hierarchy would need to be determined. Ackerman then raised concerns about traffic and stacking/queuing of trucks, etc. Davis responded that the rail spur would help to alleviate truck congestion to an extent. CHAPTER 15.3 - "I2” HEAVY INDUSTRIAL PARK DISTRICT Section 15.3-4. Prohibited Uses: Industrial parks by nature, are developed for industrial use, as such they are not conducive to businesses attracting public. The following uses are prohibited anywhere within the boundaries of the I2 zoning districts: a) Automotive services including automotive auction lots, automobile rental, automobile sales, automobile maintenance services, and automobile repair. b) Institutional and Eleemosynary uses such as; religious or charitable organizations, hospitals, educational institutions, private clubs. c) Communication Services such as television studios, telecommunications service centers, film and sound recording studios, broadcast towers except as allowed for on-site communications by approved businesses. d) Liquor stores, bars, taverns, nightclubs, burlesque, and cabaret facilities. e) Restaurants, except where specifically permitted in Section 15-2-3 under Permitted Uses, Commercial Use Types, item J: Travel Centers. f) Residential uses, except for allowable exemptions contained in this chapter. g) Indoor and outdoor recreational facilities such as gymnasiums, theaters, dance halls, bowling centers, gaming arcades, skating rinks, golf courses, stadiums, ballparks, driving ranges, batting cages, swimming pools, go cart courses, paintball ranges, and similar. Steering Committee Meeting May 2, 2017 Page 3 of 17 h) Consumer services such as appliance repair shops, jewelry and watch repair, automatic teller machines, electronic hand tool repair facilities, small engine repair shops, or musical instrument repair shops. i) Retail sales establishments, except for allowable exemptions contained in this chapter j) Fabrics based industries including clothing and apparel production, assembly or distribution k) Building construction services including contactors yards, material sales or tradesmen shops (plumbers, electricians, HVAC services, etc.). l) Self-storage for personal effects, recreational vehicles, boats, or household goods within enclosed buildings or open air storage lots. m) Animal clinics, pet clinics, dog kennels, stables, or veterinary services, including large animals. n) Livestock operations including; sales barns or auction houses, confined animal feeding operations, slaughtering, dressed production plants, processing or rendering of animals. o) Consumer recycling drop-offs. p) Satellite parking for off-site uses. q) Resource extraction, on-site extraction of surface or sub –surface materials, mineral products, or natural resources, excluding site grading for a specific construction project or preparation of a site for subsequent development. Typical uses include quarries, borrow pits, sand and gravel operations, strip miners, subsurface tunnel mines, or removal of soil or dirt for off-site use. r) Surplus sales such as flea markets, auction houses, factory outlet centers, or merchandise liquidators. s) Institutional property, such as religious or charitable organizations, hospitals, and educational institutions. t) Recreational. u) Self-storage. v) Recycling collection and processing. Post-consumer nonhazardous resource processing and recover facility, and nonhazardous resource collection facility, when conducted entirely within a building. w) Any business unable to meet wastewater pre-treatment requirements. Section 15.3-5. Lot, Height, Area and Yard Requirements: a) Maximum height of any building shall not exceed FAA requirements as outlined in FAA form 7460 at https://oeaaa.faa.gov/oeaaa/external/portal.jsp. b) Maximum coverage – Industrial buildings shall not cover an area greater than sixty-five percent (65%) of the tract. c) Minimum yards are as follows: 1) Front – setbacks shall be fifty (50) feet. 2) Side – street side (corner) and double fronted street side lots forty (40) feet on each street side. 3) Side – interior side – ten (10) feet except where the side of the lot adjoins the "AG" district or any residential district in which case the minimum side yard shall be thirty Steering Committee Meeting May 2, 2017 Page 4 of 17 (30) feet for buildings up to thirty-five (35) feet sidewall height plus one foot for each foot of building height to a maximum of sixty-five (65) feet. 4) Rear – zero (0) except where the rear of the lot that adjoins the "AG" district or any residential district in which case the minimum rear yard shall be fifty (50) feet for buildings up to thirty-five (35) feet in height plus one foot for each foot of building height to a maximum of sixty-five (65) feet. Minimum side and rear setbacks from residential and AG zoning districts are as follows: Height of Side Setback Rear Setback Side Setback Rear Setback Front Setback Accessory or Abutting R- Abutting R- Abutting AG Abutting AG Abutting AG Principal Building Zoned Lot (feet) Zoned Lot (feet) Zoned Lot (feet) Zoned Lot Zoned Lot (feet) (feet) (feet) 0-35 30 50 20 20 50 36+ 30+1 for each 50 20 20 50+1 for each foot foot of building of building height height above 35 above 35 feet to feet to max. of max. of 65 65 d) Minimum district size – twenty (20) acres. e) Minimum lot area – five (5) acres. f) Minimum lot width – three hundred-thirty (330) feet. g) Minimum lot depth – three hundred-thirty (330) feet. Section 15.3-6. Landscaping and Screening All development sites shall be landscaped to meet minimum requirements or better, as set forth in this section. As applicable, modifications will be made by the Planning Director for certain industrial exemptions. a) Front Yard. 1) A landscape strip measuring at least twenty (20) feet in width shall be reserved adjacent to all public and private roads and roadway easements for the length of the property. Said landscape strip shall not include public right-of way or easement, nor the public sidewalk, if a walk is present, and shall be located between the right-of-way and the parking lot or building. The strip shall be planted to turf grass by seeding or sodding. 2) Street trees shall be planted in the front yard landscape strip. Deciduous canopy trees at least two-inches (2”) in caliper size (trunk diameter measured six inches above the Steering Committee Meeting May 2, 2017 Page 5 of 17 root ball) shall be planted at a ratio of one (1) tree per fifty (50) lineal feet of frontage, however, trees need not be spaced evenly apart. 3) At access points from the road into parking lots or site internal drives, accent plantings shall be included on both sides of the access point. A minimum of three (3) conifer (evergreen) trees at least five feet (5’) in height and a minimum of three (3) ornamental trees at least one and one-half inch (1 ½”) caliper shall be planted in groupings in proximity to the access point. A planting bed containing at least eighteen shrubs, minimum two (2) gallon size, shall be provided on both sides of the access point, but not in such a manner as to violate the required sight distance triangle for intersections. The planting bed around these shrubs shall contain groundcover plants, perennials or annuals. b) Side and/or Rear Yard. 1) For industrial or commercial developments located on lots that abut property zoned RA, R1, R1S, R2, R3C, RM, RH, or MH a twenty-foot wide landscaped buffer yard is required. The entire buffer yard shall be planted to turf grass, either seeded or sodded. The buffer yard shall be free of paved or rocked areas, outdoor storage areas, or parking areas. A fence may be erected to improve buffering, but shall not substitute for the required plantings. 2) Trees shall be planted in the buffer yard to provide screening. One conifer (evergreen) tree at least five feet (5’) in height shall be planted for each four-hundred square feet (400 s.f.) of buffer yard area. The trees can be staggered or evenly spaced to provide the best screening between the two properties. c) Outdoor Storage and Display. 1) No outdoor storage is allowed in the front yard; however, outdoor display is allowable. 2) Any incidental outdoor storage areas that are located in the side yard or rear yard and visible from any public street shall be screened from view with a solid fence or screening wall eight (8) feet in height. Chain-link fencing or chain-link fencing with internal slats shall not meet this screening requirement. 3) Storage areas abutting a similar use or zoning district that are not visible from public roadways are not required to be screened. Neether proposed removing “commercial”. Neether, Feist, and Mia Farstad all questioned whether requiring landscaping was necessary. Keller proposed encouraging landscaping at entrances or access points as had been done with I1. Davis commented that employees deserve to have a nice working environment. Neether stated that buffer yards would still be necessary. Keller suggested adding properties abutting Agricultural districts to developments requiring a buffer yard. Feist responded that if an agricultural district were to be rezoned, it would render a buffer yard unnecessary. Neether suggested revisiting this section once Lang would be available to provide input. Steering Committee Meeting May 2, 2017 Page 6 of 17 Section 15.3-7. Off-Street Parking and Access a) Parking areas shall be distributed around large buildings on not less than two sides in order to shorten the distance to other buildings and sidewalks and to reduce the perceived scale of paved surfaces. b) Parking in the front yard shall be limited to thirty (30) spaces or twenty percent (20%) of the total required parking, whichever is greater. c) The areas required for hard-surfaced paving are primary access drives and fire lanes, office parking areas, and handicapped parking spaces where there is expected to be a significant amount of vehicular and pedestrian traffic. d) Off-street parking facilities, including vehicular drives and maneuvering areas, in the I-1 District are prohibited within: 1) Twenty feet (20’) of street rights-of-way. 2) Thirty feet (30’) from all residential districts. Section 15.3-8. Off-Street Parking Quantities by Use Type: The following ratios shall be used to determine the total number of off-street parking stalls required for each facility. Requirements for multi-function facilities shall be determined by dividing the facility into functional use types and calculating each use type separately, then adding the numbers to establish a final quantity. Off street parking requirements for all uses not listed below shall be one (1) parking stall per one thousand (1,000) square feet of gross floor area unless an alternative quantity is approved by the Planning Director. a) Truck terminal – one (1) stall per two thousand (2000) square feet of gross floor area b) Container yard – one (1) stall per five thousand (5000) square feet of lot area c) Custom manufacturing – one (1) stall per five hundred (500) square feet of gross floor area d) Equipment rental and sales - one (1) stall per five hundred (500) square feet of gross floor area e) Heavy construction and/or equipment repair services – one (1) stall per five hundred (500) square feet of gross floor area f) Laboratory research – one (1) stall per three hundred (300) square feet of gross floor area g) Laboratory support – one (1) stall per five hundred (500) square feet of gross floor area h) Research and development facilities – one (1) stall per three hundred (300) square feet i) Office – one (1) stall per two hundred-fifty (250) square feet of gross floor area j) Residential living quarters – one (1) per resident Steering Committee Meeting May 2, 2017 Page 7 of 17 k) Travel center – one (1) truck stall per five thousand (5000) square feet of lot area and one (1) passenger car stall per tree hundred (300) square feet of gross floor area l) Warehousing – One (1) stall per two thousand (2,000) square feet when under fifty thousand (50,000) square feet of gross floor area, or one (1) stall per four thousand (4,000) square feet when over fifty thousand (50,000) square feet of gross floor area Ackerman proposed removing Items d and j. Section 15.23-9. Industrial Park Design Guidelines Industrial Uses: Buildings to be sited along major streets would be encouraged to eliminate visual monotony. Acceptable examples include overhangs, mansards, wainscoting, etc. Commercial Use Types: (See diagram below.) a) The following site design and materials are required; 1) controlled site access with appropriate maneuvering areas for trucks separated from general vehicle circulation (1); 2) employee parking and service areas located at the sides and/or rear of buildings (2); 3) convenient public access and short-term visitor parking at the front of the building (3); 4) screening of storage, work areas, and ground level mechanical equipment visible from a public street and buffering of adjacent less intensive land uses (4) 5) emphasis on a well-designed main building entry and street orientated landscaping (5) Steering Committee Meeting May 2, 2017 Page 8 of 17 Neether proposed eliminating the “Commercial Use Types” qualifier. He also proposed eliminating the phrase “except for allowable exemptions contained in this chapter” in Section 15.3-4f. Feist proposed adding “industrial manufacturing, fabrication, and sales of same”. Keller proposed “heavy industrial manufacturing”. Ackerman questioned whether the “sales of same” would do too much to encourage retail uses. Feist responded that the sales would not be geared toward the general public. b) Building Elements: A comprehensive material and color scheme will be encouraged for each site. Material and color variations in multi-building complexes will be encouraged to be complementary and compatible for uses under this section. c) Trash and Recyclable Materials: 1) All trash, recyclable materials and handling equipment shall be stored within the principal structure; or stored within an accessory structure constructed of building materials compatible with the principle structure, maintenance free or composite materials or a steel sub-structure wrapped with composite material that matches the principle building. A three-sided wood, vinyl, or chain link fence with slats is a permitted enclosure material. d) Additions or alterations to existing buildings shall meet the requirements of paragraph b in this section. Section 15.3-10. Subdivision Plat Approval Required: Requests to rezone property to the I-12 district must be processed concurrently with an application for subdivision plat approval in conformance with an approved master plan for the industrial park. Section 15.32-12. Performance Standards for I-12 District: All performance standards for the Industrial Park must meet but not limited to the environmental standards and regulations of the Environmental Protection Agency (EPA), the Americans with Disabilities Act (ADA) requirements, the City of Minot, the state of North Dakota, FAA, and the latest standard International Building Code. It is the responsibility of the applicant to meet these standards and all requirements of other applicable state and local agencies. Applicants are required to submit site and building plans. Davis proposed adding “paragraphs a and b” to 3-9d. At this time Lang entered the meeting. Ackerman questioned whether landscaping was necessary. Neether added that it was necessary along county roads but less so on the interior streets. Lang answered that the question was open to debate. Ackerman questioned how that requirement would be applied outside the agribusiness park. He suggested that employee and truck entrances be differentiated as there was no reason to require landscaping a truck accesses. Davis proposed qualifying “primary employee/visitor access points” in Section 6-a2. Steering Committee Meeting May 2, 2017 Page 9 of 17 CHAPTER 15.3 - I-2, HEAVY INDUSTRIAL PARK DISTRICT Section 15.3-1. Purpose and Intent: The Heavy Industrial Park District is intended to accommodate a wide variety of heavy industrial uses, some of which may have significant external effects. The heavier industries are permitted, with fewer requirements as to screening, paving of parking areas and enclosure than in M-2 Districts, but with greater emphasis on complementing Light Industrial Park uses. Some I-2 uses are permitted only as a conditional use or at some distance from residential districts. The I-2 district is intended to provide space in attractive and appropriate locations for certain types of heavy manufacturing and employment uses in a campus-like setting typical of business and industrial parks. A master plan approach would provide for more creative arrangements of buildings and open space that promote goods and idea exchange, reduce transportation costs and enhance synergies for value chain based cluster development. Targeted uses include accessory and value-added businesses such as transportation, distribution, manufacturing, and warehousing that support the base agri-business tenants and energy related establishments. Some of the permitted uses in I-2 may also be permitted in other zoning districts such as M2, however, all development standards and regulations pertaining to I-2 district zones are found solely in this chapter, unless otherwise referenced. I-2 district zones are designated on the Future Land Use Map of the Comprehensive Development Plan as “Industrial.” Section 15.3-2. Uses Permitted: a) Any permitted use in I-1 Light Industrial Park District except for those uses found in Section 15.2-3 (d) commercial use types. b) General Industry. Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products from prepared materials or from raw materials. c) Heavy Industry. Enterprises involved with the basic processing and manufacturing of products, predominantly from raw materials, with noticeable noise, odor, vibration, or air pollution effects across property lines; or a use or process engaged in the storage of or processes involving potentially or actually hazardous, explosive, flammable, or radioactive, or other commonly recognized hazardous materials. Typical uses include; processing and packaging alcoholic beverages, stone-work and pre-cast concrete, metal fabricating, machinery manufacturing, lumber milling, heavy industrial manufacturing, fabrication, and sales of same. d) Industrial Processing. The series of continuous actions that changes one or more raw materials into a finished product, or a product requiring subsequent processing at another site. Typical uses include; chemical processing and mechanical processing. Steering Committee Meeting May 2, 2017 Page 10 of 17 e) Primary Manufacturing. Establishments engaged in the initial processing or treatment of raw material or manufacturing of products that require additional processing, fabrication, or assembly for ultimate use by the consumer. f) Plastics and Rubber Manufacturing. The manufacture of rubber products including: rubber footwear, mechanical rubber goods, heels and shoes, flooring, rubber sundries from natural, synthetic, or reclaimed rubber. Also includes: establishments engaged in molding primary plastics for the trade, and manufacturing miscellaneous finished plastic products, fiberglass manufacturing, and fiberglass application services. g) Container Yard. A facility where cargo containers are stored, transshipped manufactured, and recycled. Open warehousing involves open air storage, distribution, and handling of goods and materials. Typical uses include pipe yards, grain elevators, or open storage. Open storage shall be screened from view of any public or private street. i) Energy. Energy uses include on-site extraction, production of, or manufacturing of products predominately from mineral products, natural resources, or raw materials. Energy use types ties in activity in the oil and gas industry or the manufacturing of fertilizer. 1) Oil Refinery. Industrial process plant where crude oil is processed and refined into products such as petroleum, gasoline, asphalt base, heating oil, kerosene, etc. 2) Value-added Energy. A change in the physical state or form of the product, such as taking natural gas and producing olefins, polyolefins, and other specialty chemicals. For example, by taking ethane and producing plastic, which in turn has byproducts that can produce nitrogen. 3) Bio-Refinery. A facility that integrates biomass conversion processes and equipment to produce fuels, power, and heat. Section 15.3-4. Prohibited Uses: Industrial parks by nature, are developed for industrial use, as such they are not conducive to businesses attracting public. The following uses are prohibited anywhere within the boundaries of the I-2 zoning districts: a) Automotive services including automotive auction lots, automobile rental, automobile sales, automobile maintenance services, and automobile repair. Institutional and Eleemosynary uses such as; religious or charitable organizations, hospitals, educational institutions, private clubs. b) Communication Services such as television studios, telecommunications service centers, film and sound recording studios, broadcast towers except as allowed for on-site communications by approved businesses. c) Liquor stores, bars, taverns, nightclubs, burlesque, and cabaret facilities. Steering Committee Meeting May 2, 2017 Page 11 of 17 d) Restaurants, except where specifically permitted in Section 15-2-3 under Permitted Uses, Commercial Use Types, item J: Travel Centers. e) Residential uses. f) Indoor and outdoor recreational facilities such as gymnasiums, theaters, dance halls, bowling centers, gaming arcades, skating rinks, golf courses, stadiums, ballparks, driving ranges, batting cages, swimming pools, go cart courses, paintball ranges, and similar. g) Consumer services such as appliance repair shops, jewelry and watch repair, automatic teller machines, electronic hand tool repair facilities, small engine repair shops, or musical instrument repair shops. h) Retail sales establishments i) Fabrics based industries including clothing and apparel production, assembly or distribution j) Building construction services including contactors yards, material sales or tradesmen shops (plumbers, electricians, HVAC services, etc.). k) Self-storage for personal effects, recreational vehicles, boats, or household goods within enclosed buildings or open air storage lots. l) Animal clinics, pet clinics, dog kennels, stables, or veterinary services, including large animals. m) Livestock operations including; sales barns or auction houses, confined animal feeding operations, slaughtering, dressed production plants, processing or rendering of animals. n) Consumer recycling drop-offs. o) Satellite parking for off-site uses. p) Resource extraction, on-site extraction of surface or sub –surface materials, mineral products, or natural resources, excluding site grading for a specific construction project or preparation of a site for subsequent development. Typical uses include quarries, borrow pits, sand and gravel operations, strip miners, subsurface tunnel mines, or removal of soil or dirt for off-site use. q) Surplus sales such as flea markets, auction houses, factory outlet centers, or merchandise liquidators. r) Institutional property, such as religious or charitable organizations, hospitals, and educational institutions. s) Recreational. t) Self-storage. u) Recycling collection and processing. Post-consumer nonhazardous resource processing and recover facility, and nonhazardous resource collection facility, when conducted entirely within a building. Steering Committee Meeting May 2, 2017 Page 12 of 17 v) Any business unable to meet wastewater pre-treatment requirements. Section 15.3-5. Lot, Height, Area and Yard Requirements: a) Maximum height of any building shall not exceed FAA requirements as outlined in FAA form 7460 at https://oeaaa.faa.gov/oeaaa/external/portal.jsp. b) Maximum coverage – Industrial buildings shall not cover an area greater than sixty-five percent (65%) of the tract. c) Minimum yards are as follows: 1) Front – setbacks shall be fifty (50) feet. 2) Side – street side (corner) and double fronted street side lots forty (40) feet on each street side. 3) Side – interior side – ten (10) feet except where the side of the lot adjoins the "AG" district or any residential district in which case the minimum side yard shall be thirty (30) feet for buildings up to thirty-five (35) feet sidewall height plus one foot for each foot of building height to a maximum of sixty-five (65) feet. 4) Rear – zero (0) except where the rear of the lot that adjoins the "AG" district or any residential district in which case the minimum rear yard shall be fifty (50) feet for buildings up to thirty-five (35) feet in height plus one foot for each foot of building height to a maximum of sixty-five (65) feet. Minimum side and rear setbacks from residential and AG zoning districts are as follows: Height of Side Setback Rear Setback Side Setback Rear Setback Front Setback Accessory or Abutting R- Abutting R- Abutting AG Abutting AG Abutting AG Principal Building Zoned Lot (feet) Zoned Lot (feet) Zoned Lot (feet) Zoned Lot Zoned Lot (feet) (feet) (feet) 0-35 30 50 20 20 50 36+ 30+1 for each 50 20 20 50+1 for each foot foot of building of building height height above 35 above 35 feet to feet to max. of max. of 65 65 d) Minimum district size – twenty (20) acres. e) Minimum lot area – five (5) acres. f) Minimum lot width – three hundred-thirty (330) feet. Steering Committee Meeting May 2, 2017 Page 13 of 17 g) Minimum lot depth – three hundred-thirty (330) feet. Section 15.3-6. Landscaping and Screening All development sites shall be landscaped to meet minimum requirements or better, as set forth in this section. As applicable, modifications will be made by the Planning Director for certain industrial exemptions. a) Front Yard. 1) A landscape strip will be encouraged adjacent to all public and private roads and roadway easements for the length of the property. Said landscape strip shall not include public right- of way or easement, nor the public sidewalk, if a walk is present, and shall be located between the right-of-way and the parking lot or building. The strip shall be planted to turf grass by seeding or sodding. 2) At primary visitor/employee access points from the road into parking lots or site internal drives, accent plantings shall be included on both sides of the access point. A minimum of three (3) conifer (evergreen) trees at least five feet (5’) in height and a minimum of three (3) ornamental trees at least one and one-half inch (1 ½”) caliper shall be planted in groupings in proximity to the access point. A planting bed containing at least eighteen shrubs, minimum two (2) gallon size, shall be provided on both sides of the access point, but not in such a manner as to violate the required sight distance triangle for intersections. The planting bed around these shrubs shall contain groundcover plants, perennials or annuals. b) Side and/or Rear Yard. 1) For industrial developments located on lots that abut property zoned RA, R1, R1S, R2, R3C, RM, RH, or MH a twenty-foot wide landscaped buffer yard is required. The entire buffer yard shall be planted to turf grass, either seeded or sodded. The buffer yard shall be free of paved or rocked areas, outdoor storage areas, or parking areas. A fence may be erected to improve buffering, but shall not substitute for the required plantings. 2) Trees shall be planted in the buffer yard to provide screening. One conifer (evergreen) tree at least five feet (5’) in height shall be planted for each four-hundred square feet (400 s.f.) of buffer yard area. The trees can be staggered or evenly spaced to provide the best screening between the two properties. Section 15.3-7. Off-Street Parking and Access a) Parking areas shall be distributed around large buildings on not less than two sides in order to shorten the distance to other buildings and sidewalks and to reduce the perceived scale of paved surfaces. b) Parking in the front yard shall be limited to thirty (30) spaces or twenty percent (20%) of the total required parking, whichever is greater. Steering Committee Meeting May 2, 2017 Page 14 of 17 c) The areas required for hard-surfaced paving are primary access drives and fire lanes, office parking areas, and handicapped parking spaces where there is expected to be a significant amount of vehicular and pedestrian traffic. d) Off-street parking facilities, including vehicular drives and maneuvering areas, in the I-1 District are prohibited within: 1) Twenty feet (20’) of street rights-of-way. 2) Thirty feet (30’) from all residential districts. Section 15.3-8. Off-Street Parking Quantities by Use Type: The following ratios shall be used to determine the total number of off-street parking stalls required for each facility. Requirements for multi-function facilities shall be determined by dividing the facility into functional use types and calculating each use type separately, then adding the numbers to establish a final quantity. Off street parking requirements for all uses not listed below shall be one (1) parking stall per one thousand (1,000) square feet of gross floor area unless an alternative quantity is approved by the Planning Director. a) Truck terminal – one (1) stall per two thousand (2000) square feet of gross floor area b) Container yard – one (1) stall per five thousand (5000) square feet of lot area c) Custom manufacturing – one (1) stall per five hundred (500) square feet of gross floor area d) Heavy construction and/or equipment repair services – one (1) stall per five hundred (500) square feet of gross floor area e) Laboratory research – one (1) stall per three hundred (300) square feet of gross floor area f) Laboratory support – one (1) stall per five hundred (500) square feet of gross floor area g) Research and development facilities – one (1) stall per three hundred (300) square feet h) Office – one (1) stall per two hundred-fifty (250) square feet of gross floor area i) Warehousing – One (1) stall per two thousand (2,000) square feet when under fifty thousand (50,000) square feet of gross floor area, or one (1) stall per four thousand (4,000) square feet when over fifty thousand (50,000) square feet of gross floor area Section 15.3-9. Industrial Park Design Guidelines Industrial Uses: a) Buildings to be sited along major streets would be encouraged to eliminate visual monotony. Acceptable examples include overhangs, mansards, wainscoting, etc. Steering Committee Meeting May 2, 2017 Page 15 of 17 Comment [SN1]: Graphic to be revised before Planning Commission meeting. Comment [RE2]: Graphic to be revised before May 30 Planning Commission meeting. b) Building Elements: A comprehensive material and color scheme will be encouraged for each site. Material and color variations in multi-building complexes will be encouraged to be complementary and compatible for uses under this section. c) Trash and Recyclable Materials: 1) All trash, recyclable materials and handling equipment shall be stored within the principal structure; or stored within an accessory structure constructed of building materials compatible with the principle structure, maintenance free or composite materials or a steel sub-structure wrapped with composite material that matches the principle building. A three-sided wood, vinyl, or chain link fence with slats is a permitted enclosure material. d) Additions or alterations to existing buildings shall meet the requirements of paragraphs a and b in this section. Section 15.3-10. Subdivision Plat Approval Required: Requests to rezone property to the I-2 district must be processed concurrently with an application for subdivision plat approval in conformance with an approved master plan for the industrial park. Section 15.3-11. Performance Standards for I-2 District: All performance standards for the Industrial Park must meet but not limited to the environmental standards and regulations of the Environmental Protection Agency (EPA), the Americans with Disabilities Act (ADA) requirements, the City of Minot, the state of North Dakota, FAA, and the latest standard International Building Code. It is the responsibility of the applicant to meet these standards and all requirements of other applicable state and local agencies. Applicants are required to submit site and building plans. At this time Feist moved to approve the entire proposed Chapter 15.3. Seconded by Neether, the motion carried. Steering Committee Meeting May 2, 2017 Page 16 of 17 CHAPTER 12 - “C3” CENTRAL BUSINESS DISTRICT Section 12-4. Uses Permitted: m) Places of assembly. Davis stated that a church downtown was looking to expand but places of assembly were not permitted in C3. Ackerman stated the omission of places of assembly from uses permitted in C3 District was on the part of the Committee, and he did not wish for churches to have to apply for a conditional use permit or be nonconforming uses. Motion to approve changes by Neether, seconded by Feist. Motion carried. CHAPTER 12 - “C3” CENTRAL BUSINESS DISTRICT Section 12-5. Permitted Accessory Uses: The following uses are permitted accessory uses in the C3 Districts: a) Outdoor seating (consisting of more than one table and a few chairs) accessory to a restaurant or café with the following conditions: An applicant requesting to have outdoor dining on city property shall apply pursuant to Section 28-3.1 of the City of Minot Code of Ordinances. 1) All outdoor seating areas that serve alcohol shall provide a perimeter barrier to delineate outdoor seating area. Said barrier shall be no less than three (3) feet in height. No privately owned structure shall be anchored to the sidewalk. No temporary banners or signs shall be located on the barrier. 2) No alcoholic beverages or food shall be served to persons outside of the designated outdoor seating area. Signage shall be posted that restricts consumption of alcohol outside of the designated outdoor seating area. 3) A minimum of 72 inches (6 feet) of clear sidewalk area shall be maintained at all times to allow for adequate movement of pedestrians. Within this clear sidewalk area public street fixtures such as regulatory signs, street lights, pedestrian scaled landscaping shall be permitted. At no such time shall the clear sidewalk be less than 36” (3 feet) in width. 4) Patrons shall access the outdoor seating area through the main entrance or host station and shall be seated by a staff person and all full service restaurants with wait-staff service. 5) All exterior sound equipment shall be shut off at ten o'clock (10:00) P.M. 6) Lighting shall be permitted to the extent that it only illuminates the designated area. Lighting cannot shine or cause a glare upon other public or private property outside the designated area. 7) Outdoor seating is allowed April 1st through December 1st. All elements must be removed prior to December 2nd of each year. Steering Committee Meeting May 2, 2017 Page 17 of 17 8) An encroachment agreement with the City of Minot shall be obtained prior to implementation. The encroachment agreement is effective up to a two (2) year term or upon change in ownership. 9) A site plan shall be submitted for review and approval with the encroachment agreement. The scaled site plan shall include the following: a. The proposed use, materials, colors and design. b. Relationship of the outdoor seating to the adjacent existing building and entrances. c. The distance of the proposed outdoor seating area, tables, chairs and barrier to the existing sidewalk. Include any existing public fixtures with in the area. d. The dimensions of the proposed outdoor seating area and total number of seats/occupants. e. Plans for operation of the outdoor seating, including but not limited to hours of operation, serving, and maintenance. f. Evidence of the abutting property owners and/or leases has been notified of the proposed encroachment. Davis stated that the changes to this section had been triggered by a new ordinance passed by the Council, and that the regulations being removed were not enforced by the Planning office. Motion to approve changes by Feist, seconded by Galster. Motion carried. It was then agreed to reconvene May 10 at 7:30. Meeting adjourned at 10:30 A.M. Minutes completed by Reed Elmquist, Assistant Planner