Zoning Ordinance Steering Committee

Steering Committee Meeting August 15, 2017 Page 1 of 3 Members present: Rolly Ackerman, Rich Galster, Tim Keller, Tyler Neether, Jason Sanders, Shaun Sipma Others present: Robert Davis, planning director, Lance Lang, principal planner, & Reed Elmquist, assistant planner Davis started by calling for nominations for Chairman. Neether moved and Sipma seconded to elect Ackerman to the position of Chairman. No other nominations were received. Motion carried. Chairman Ackerman then nominated Neether for the position of Vice Chairman. No other nominations were received. Seconded by Sipma, the motion carried. Lang then introduced his proposed changes to Chapter 24 of the ordinance. He began by stating that the City of Minot has more complicated regulations and requires more landscaping than what he felt was necessary, and had researched the landscaping regulations in Bismarck, Fargo, and Rapid City. He then began summarizing the proposed changes. He proposed to eliminate the requirement for buildings or sites being enlarged by between 50 and 75 percent of the existing square footage to choose two of the priorities listed under Section 25-1c, and instead simply comply with the current landscaping requirements within the area of the addition when it is between 25 and 75 percent of the existing floor area. Neether questioned whether this percentage was consistent with the damage threshold at which a nonconforming structure would be required to conform to current standards to be restored. Lang responded that the threshold at which such a structure could not be restored to its pre-existing specifications would be if it were damaged by more than 60 percent of its reproduction value, and that these thresholds were instead meant to be consistent with the design standards for the C2, M1, and M2 districts where the thresholds that trigger certain design regulations are based on floor area as opposed to reproduction value. Lang proposed to change the requirement for islands in a parking area from 5 percent of the parking area to 20 square feet per space. Ackerman questioned why 20 square feet was being proposed. Lang responded that with a standard parking space being over 100 square feet, 20 square feet was a less stringent requirement and that basing it on the number of parking spaces was less ambiguous than basing it on the “parking area”. Ackerman questioned whether it was the responsibility of the Planning department or Inspections to enforce the landscaping regulations. Davis and Lang responded that it was the Planning department. Lang stated that the Building Official was not favorable to tying temporary certificates of occupancy to landscaping and suggested inviting him to a future meeting for his input. Ackerman questioned whether any landscaping is required in Manufactured Home districts. Davis responded that the chapter for that district contains landscaping regulations. Ackerman proposed referencing that chapter. Steering Committee Meeting August 15, 2017 Page 2 of 3 CHAPTER 24 - LANDSCAPING Section 24-1. Required Landscaping: d) Single Family and two-family lots shall have turf (seeding, sod) established within the front yard within 120 days of the City issuing a Certificate of Occupancy (excluding time between October 1st and May 1st in which the turf shall be established within the next growing season). All silt fence or erosion controls must be maintained until turf is established. Turf and any required sidewalk installation must be established for all portions of a yard within one (1) year of the issuance of a Certificate of Occupancy. The public right-of-way from the curb to the property line is required to be seeded or sodded and maintained by the property owner. No loose rock or gravel is allowed on this portion of the public right-of-way. Concrete pavers or bricks are allowed on the public right-of-way in this area if consent is granted in writing by the Planning Director. Neether expressed concerns about the 120-day time limit from issuance of a Certificate of Occupancy, stating that it created an inconsistency with the one-year limit for the sidewalk installation. Lang then proposed eliminating the 120-day requirement and establishing a time limit of one year. Ackerman questioned who would bear the cost to replace dead trees. Lang responded that it is common practice for nurseries to replace dying trees under one year old for free. e) Time of Performance. All required trees, plants, ground cover, screening materials, landscape materials, hardscape materials, and irrigation improvements (if any) must be in place prior to issuance of final Certificate of Occupancy unless an extension is approved by the Planning Director. Landscape installation must be secured either by the execution of a deferred completion agreement, the posting of full cash bond, or the posting of an irrevocable letter of credit from a banking institution with offices in Ward County as a financial security. The amount of financial security shall be based on an opinion of cost prepared by the landscape architect, landscape designer, landscape contractor or civil engineer submitting the landscape plan in the amount sufficient to guarantee the installation of all the required landscaping elements and materials, including trees, shrubs, perennials, ornamental grasses, ground cover, rock mulch, wood mulch, top soil, edging material, or any other materials necessary to install the required landscape materials, as well as all labor costs to implement the landscape plan, plus ten percent (10%). If the required landscaping is not installed as agreed by the owner, or by July 1 of the year following the occupancy or use of the property, the City may call and cash the financial security and order the installation of the landscaping according to the approved landscape plan, based on the estimate prepared by the landscape architect, landscape designer, landscape contractor or civil engineer submitting the landscape plan and agreed to by the City, plus ten percent (10%). Neether questioned securing of landscape installation, particularly requiring that a banking institution have an office within Ward County, pointing out that there are numerous landowners from out of state whose banks would not have a branch in the area. He proposed removing the language “execution of a deferred completion agreement” and adding the language “or funds held in escrow” at the end of the Steering Committee Meeting August 15, 2017 Page 3 of 3 same sentence. He stated that he would propose language at a future meeting to better specify from which banks the City should accept letters of credit. Galster then questioned whether a new landscape plan would be required when the use of a property is changed. Lang responded that a building addition as opposed to a change of use would require a new landscaping plan. Neether stated that he recalled a requirement from the previous ordinance that required parking lots facing residential districts to be screened in order to block car headlights from shining into residences. It was then agreed to reconvene the following week. Meeting adjourned at 9:45 A.M. Minutes completed by Reed Elmquist, Assistant Planner