Zoning Ordinance Steering Committee

CITY OF MINOT ZONING ORDINANCE STEERING COMMITTEE Meeting Minutes December 18, 2019 8:00 am – 10:00 am City Council Chambers City Hall I. ATTENDANCE AND ROLL CALL Committee: Rolly Ackerman, Josh Wolsky, Pat Graner, Rusten Roteliuk, Tyler Neether Absent: Tim Baumann, Gloria Larsgaard, Staff: Brian Billingsley, Community & Economic Development Director Lance Lang, Principal Planner Peter Baumgartner, Planner I Emily Huettl, Assistant City Engineer Consultant: Scott Harmstead (Via Conference Call) Tim Magnusson (Via Conference Call) Guests: No external guests present Rolly Ackerman called the meeting to order at 8:01 am. II. APPROVAL OF MINUTES Motion by Roteliuk to approve hold over minutes from November 20, 2019 as well as minutes for the last meeting on December 18, 2019, second by Wolsky, ayes: all, nays: none Motion passes III. REVIEW AND APPROVAL OF AGENDA Motion by Neether to approve the agenda, second by Graner. ayes: all, nays: none. Motion passes IV. INTRODUCTION OF GUESTS No external guests present. V. CHAPTER 26 (SUPPLEMENTAL REGULATIONS) Scott Harmstead gave updates on Chapter 26: Chapter 26 – Supplemental Use Regulations Section 26.7 – Industrial Uses Zoning Ordinance Steering Committee Minutes December 18, 2019 H. Warehousing Open C2 Districts  Lang said instead of repeating the screening and buffering standards over and over for various industrial uses, there should be a reference to Chapter 24: Landscaping which will list the requirements, to which Harmstead agreed. M1 & M2 Districts  Billingsley asked if under M2 we could eliminate the screening standards in # 2 and refer to the landscaping chapter to which Lang responded we just need to say it needs to be enclosed and refer it to chapter 24 which Billingsley agreed to. I. Railroad Terminals M2 District  Harmstead recommends that we do the same in this one as in above, referred to Chapter 24 landscaping, Lang agreed. J. Warehousing (Enclosed, Excluding Commercial Self Storage). C2 District  For # 1 Ackerman wants “one (1) acre” changed to “43,560 square feet.”  Huettl commented that # 3 (paved driveways, 25 feet in width) should be in parking chapter.  # 4 add the word “residence” after on-site manager. Is the language “if adequate sanitary facilities are provided” necessary or is it implied that any residence would have water and sewer connections? M1 & M2 Districts  Neether says strike #1, Billingsley agreed.  # 2 strike “is prohibited”, add “is allowed as long as a landscaped buffer yard is provided against less intensive uses or zoning districts as set forth in Chapter 24, Landscaping.”  At Huettl’s suggestion, in conjunction with Roteliuk, # 6 is struck.  Make sure everything is renumbered accordingly.  Lang suggested that the storage of flammable and hazardous materials # 4 be made a conditional use with Fire Marshal approval, everyone agrees.  #5 add “residence” after “on-site manager.” K. Salvage Yards M2 District  # 1, Neether said we need to keep the minimum fence height of eight (8) feet for fence height.  Tim M. suggested that the language be changed from “opaque” to a “solid, sight- obscuring fence” on # 1. 2 Zoning Ordinance Steering Committee Minutes December 18, 2019  Harmstead suggested that # 2 screening requirements be referenced to Chapter 24, everyone agreed.  # 3, Billingsley suggested that required setbacks will be regulated as part of the conditional use permits approval.  Lance added # 5, new language to protect the right-pf-way that was okay with everyone.  Discussion of vehicle storage. Do we have a use type for “Impound Yard”? It would be an ancillary use to a P, Public Zone use. Lang said in his experience he has seen “Short-term vehicle storage” and “Long-term vehicle storage” as use types: Vehicle Storage (Short-term). Short-term storage of operating or non-operating vehicles for a period of no more than twenty-one (21) days. Typical uses include storage of private parking tow-a-ways or impound yards but exclude dismantling or salvage. Long-term storage beyond twenty-one (21) days constitutes an Industrial Use Type. Vehicle Storage (Long-term). Long-term storage of operating or non-operating vehicles for a period exceeding twenty-one (21) days. Typical uses include storage of private parking tow-a-ways or impound yards but exclude dismantling or salvage. Long-term storage of twenty-one (21) days or less constitutes a Commercial Use Type. L. Landfill All Districts Where permitted  Ackerman suggested the requirements for Landfill be struck from the document but Billingsley had it instead referred to Chapter 24, Landscaping. Lang feels there should be a bufferyard unique to landfills, maybe a triple row of evergreen trees instead of a standard twenty-foot buffer (not enough). Section 26-8. Miscellaneous Uses: A. Accessory Buildings – Barns, Stables, Storage, Garage, and Related Buildings (Excluding Accessory Dwelling Units)  Table 3, part a. Accessory Building Use Restrictions will be revisited after 26-9B: Home Occupation or Home-based Business is finalized.  Part b. Limit to the Number of Accessory Buildings: Harmstead suggested that RR zoning (Rural Residential) gets three accessory buildings and the rest get 2. Billingsley agreed and suggested that AG have no restrictions. Harmstead agreed said this table is only referring to residential districts, AG can be different.  Part b. Lang said accessory buildings 120 square feet or less in floor area are exempt from building permit requirements but count towards the total number and total area of accessory buildings.  Huettl suggested that R1 and R2 be split from RM and RH when it comes to the limit to the number of accessory buildings. Harmstead suggested that RM and RH have no restrictions but rely on lot coverage requirements to regulate the number of buildings allowed.  Part c. Accessory Building Area: The group discussed changing to state that “the total area for accessory buildings shall not exceed five percent (5%) of the total 3 Zoning Ordinance Steering Committee Minutes December 18, 2019 lot area or the footprint of the house, whichever is greater.” The group decided to keep the language as it is (five percent of the total lot area).  Part c. Accessory Building Area: # 3 was struck from the table after everyone’s agreement.  Part d. Accessory Building Setbacks: Side yard and rear yard setbacks were discussed. Currently three (3) feet from side or rear yard, six (6) feet from another building. o Roteluik questioned why accessory buildings do not meet the same side setbacks as the primary structure? This would be 6.5 feet in R1 zones. The building would be too far in the yard someone said. o No need to be 6.5 feet from the rear yard? o If the accessory building is over 600 square feet in floor area, setback requirements for the zoning district in which it is located apply for the side and rear yard. o Taking access from an alley the rear setback is eighteen (18) feet.  Part F. Accessory Building Eaves: # 1 of the table was struck from the table.  Part F. Accessory Building Eaves: The rest was flagged until Chapter 21 and until after Billingsley reaches out to the fire department. B. Home Occupation or Home-based Business (B. Accessory Dwelling Units was struck)  The first sentence of # 3 was struck at Neether’s request.  Number 5 was struck at Billingsley’s direction.  Wolsky and Graner had all but the last sentences of Number 6 struck.  Number 9 had part B Struck from it.  Lang wanted Contractors and Tradesmen added to the list, it didn’t seem to be decided one way or another.  Home-based day care centers hours of operation 6 am to 9 pm. VI. ADJOURNMENT Meeting adjourned at 10:04 am. Meeting Minutes PJB & LAL 4