Zoning Ordinance Steering Committee

CITY OF MINOT ZONING ORDINANCE STEERING COMMITTEE Meeting Minutes November 20, 2019 8:00 am – 10:00 am City Council Chambers City Hall I. ATTENDANCE AND ROLL CALL Committee: Rolly Ackerman, Josh Wolsky, Tim Baumann, Pat Graner, Gloria Larsgaard, Rusten Roteliuk, Tyler Neether Absent: None Staff: Brian Billingsley, Community & Economic Development Director Lance Lang, Principal Planner Peter Baumgartner, Planner I Stefanie Stalheim, Assistant City Attorney Emily Huettl, Assistant City Engineer Glenda Sorensen, Planning Assistant Consultant: Scott Harmstead Tim Magnusson, SRF Consulting - via conference call Guests: No external guests present Rolly Ackerman called the meeting to order at 8:00am. II. APPROVAL OF MINUTES Motion by Wolsky to approve the November 06, 2019 meeting minutes, second by Roteliuk. ayes: all, nays: none Motion passes III. REVIEW AND APPROVAL OF AGENDA Motion by Neether to approve the agenda, second by Roteliuk. ayes: all, nays: none. Motion passes IV. INTRODUCTION OF GUESTS No external guests present. V. ZONING DISTRICTS Scott Harmstead gave updates on the zoning districts by chapter: Zoning Ordinance Steering Committee Minutes November 20, 2019 CHAPTER 5 – “R1” SINGLE-FAMILY RESIDENTIAL DISTRICT  Maximum lot coverage was discussed. Is “maximum lot coverage” defined as “maximum building coverage” or “maximum impervious coverage?” Billingsley decided that a definition needs to be looked into. Potential implications for stormwater management. Emily H. discussed SWM from an engineering viewpoint. This item will be a hold over until the next meeting.  Maximum lot coverage of 40% does not change.  Neether pointed out the discrepancy between 8 dwelling units per acre and interior lot size 7500 sq. ft. 43,560 divided by 7,500 = 5.8 d.u./acre. Change density to “Less than six (6) dwelling units per acre.” CHAPTER 5.1 – “R1S” SINGLE-FAMILY RESIDENTIAL DISTRICT WITH SMALL LOT SIZE FLEXIBILITY  No comments CHAPTER 5.2 – “RR” RURAL RESIDENTIAL DISTRICT  Refer to Chapter 26, Supplemental Use Regulations for keeping of animals in the two- mile zone. CHAPTER 6 – “R2” TWO-FAMILY RESIDENTIAL DISTRICT  Defunct Zones: This chapter brought up a lengthy discussion on defunct zones. The main topic was whether the owner’s rights are grandfathered from the time the owner acquired the property or does the fact the current ordinance changes in 2013 puts these properties in a different zoning district in fact equal rezoning? Were these people informed of the changes in writing? Did they have an opportunity to attend a public hearing concerning the rezoning? If we decided to correct this situation, the question of how to inform the residents that their property is being rezoned now is another question. It could be posted on the city website, through a notification in the local paper, through certified letters sent from the Community Development department or all of the above. Lang said that we have a quantity of the number of properties in defunct zones in Planning Department records somewhere.  “O” Office District is deleted, no suggested replacement. In talking to other staff they believe the reason is because office use or retail use can both be allowed in C Districts, so all the offices in the future will be located in C1, C2, C3 or M3 (now OP, Office Park District). Note: C1 is especially fitting for office type uses.  C3 Central Business District is now “CBD” Central Business District  “M3” Office Park District is now OP  “R2B” is now included in “R2” Two-Family Residential District. “R3” & “R3B” are now “RM” Medium Density Residential District. “C4” is now “C2” General Commercial District. Proposals to add on or revise existing C4 developments may require revised development plans to be submitted. When an application is made on a developed C4 site, Planning staff will search Planning Department records for any development plans to compare proposed revisions to the original plans. 2 Zoning Ordinance Steering Committee Minutes November 20, 2019 Other  Assistant City Attorney Stefanie Stalheim offered to do research with City Attorney Kelly Hendershot regarding possible legal action from a resident whose property rights may have been affected by the city action of renaming districts / rezoning their property w/o notice mailed directly to them.  Wolsky agreed with Billingsley regarding the need for a a zoning map amendment?? .? CHAPTER 7 – “RM’ MEDIUM DENSITY RESIDENTIAL DISTRICT  Maximum Height of Building – Residential – “# of stories (3)” has been removed.  Maximum Height of Building – Residential – Height of 45’ remains CHAPTER 8 – “R3C” TOWNHOUSE RESIDENTIAL DISTRICT No comments CHAPTER 9 – “RH” HIGH DENSITY RESIDENTIAL DISTRICT  Maximum Height of Building – Residential - # of stories (3) has been removed.  Maximum Height of Building – Residential – Height of 45 feet is changed to 60’. CHAPTER 10 – “C1” NEIGHNORHOOD COMMERCIAL DISTRICT  Section 10.4, Miscellaneous Provisions – Numbers 2 through 4 have been removed. CHAPTER 11 – “C2” GENERAL COMMERCIAL DISTRICT  Remove “Hazardous materials” from conditional uses. CHAPTER 12 – “CBD” CENTRAL BUSINESS DISTRICT  Principal Planner Lang raised a point for discussion as it relates to the geographical imposition of current C3 (Downtown Commercial) in some cases well outside the area of traditional CBD downtown development. C3 bleeds west across to the east side of Broadway and north across Burdick Expressway which would seem like logical boundaries for the DT district. The C3 district (now proposed as CBD District) is lax in several categories of development standards such as off-street parking and landscaping. Do we want these development standards relaxed outside of CBD? Should not the perimeter of the downtown business district be defined (especially for potential Business Improvement Districts [BID’s] or Parking Districts, etc.) and C3 zoning be limited to those confines? Otherwise, we are saying businesses such as Westlie Ford, Planet Pizza, I- Keating Furniture do not need any off-street parking nor any landscaping. CHAPTER 13 – “PUD” PLANNED UNIT DEVELOPMENT  Revised PUD chapter to be placed here. CHAPTER 14 – “M1” LIGHT INDUSTRIAL DISTRICT  Section B – Standards. Lang questioned the last sentence regarding outdoor storage of material and equipment being 100% screened. This is a pretty broad statement about screening when we have several other places in other Chapters where screening is 3 Zoning Ordinance Steering Committee Minutes November 20, 2019 more specifically addressed? Scott Harmstead asked about removing it. No decision was made.  Section C – Hazardous Uses. Ackerman questions current verbiage. Harmstead responded that the verbiage is unique to M1 and suggested keeping as is. CHAPTER 15 – “M2” HEAVY INDUSTRIAL DISTRICT  No comments. CHAPTER 16 – “M3” OFFICE PARK DISTRICT  Chapter has been renamed to “OP” OFFICE PARK DISTRICT  Neether suggested moving the chapter after CBD. The committee was in agreement, and the numbering of the chapters following will be updated.  Section B – Design Character – Larsgaard noted that the paragraph seemed vague, however Harmstead stated that the verbiage was unique to this chapter and should be left as is. CHAPTER 15.2 – “I1” LIGHT INDUSTRIAL PARK DISTRICT  No comments CHAPTER 15.3 – “I2” HEAVY INDUSTRIAL PARK DISTRICT  No comments CHAPTER 16 – “P” PUBLIC ZONE  No comments CHAPTER 17 – “MH” MANUFACTURED HOME DISTRICT  Principal Planner Lang offered to reach out to Mr. Larry Gullickson regarding manufactured homes.  Section F – Date of Installation – Neether questioned the five (5) year old or newer stipulation. It has been amended to read “in compliance with the 1976 HUD regulations for manufactured homes”.  It was decided that having a manufactured home in the RA (Residential Agriculture District) will be allowed, but require a CUP (Conditional Use Permit). CHAPTER 18 – “GMU” GENERAL MIXED USE DISTRICT  Retail max size is 15,000 SF is stricken.  Section 18.3 – Lot, Height, Area and Yard Setback Requirements: Maximum Height of 45 has been removed. Side (abutting any Residential District – has been changed from 20 feet to 0 feet.  Neether suggested this chapter should be moved to the business sector. CHAPTER 18.1 – AIRPORT NOISE BUFFER OVERLAY 4 Zoning Ordinance Steering Committee Minutes November 20, 2019 Wolsky asked about boundary of maps. The boundary needs to be shown on the zoning map. Emily Huettl will investigate. CHAPTER 19 – “AG” AGRICULTURAL DISTRICT  Principal Planner Lang suggested this chapter should be at the beginning of the zoning chapters followed by RR, Rural Residential, then R1 and R1S which means RR needs to be split from R1, and R1S and moved forward. VI. FUTURE MEETINGS December 04, 2019 VII. ADJOURNMENT Meeting adjourned at 10:02 am. Meeting Minutes GRS & LAL 5