The Morton County Planning & Zoning Commission Agenda for January 25, 2018

Transcription

1 The Morton County Planning & Zoning Commission Agenda for January 25, 2018 Planning and Zoning meeting beginning at 5:30pm, located in the Morton County Commission room in the County Courthouse, nd Ave. NW, Mandan, ND. Call to Order Roll Call Approval of Agenda Approval of Minutes from December 21, 2017 meeting 1. Election of 2018 officers 2. Public Hearing: SUP renewal for S&W Portable Storage for approx. 10 acres in E½ Section 17, Township139N, Range 83W, Morton County. 3. Public Hearing: final plat of a long-form subdivision known as JBS Industrial Subdivision and a zoning map amendment from Agricultural (A) and Industrial (I) to Industrial (I) for approx acres in the SW¼ of Section 4, Township139N, Range 85W, Morton County. ISSUES MAY BE ADDED OR DELETED BY MEETING DAY Planning and zoning final actions of the County Commission in the previous month (for information purposes): Name Action Type Location SW¼ of Section 22, Township140N, Friesz Subdivision Approve Short-form Subdivision Range 85W Page 1 of 1

2 S&W Portable Storage SUP Zoning Map Morton County Planning and Zoning Department Created: 1/19/ CORD PRIVATE RD I 94 E CORD 139A I 94 W I ON RAMP I OFF RAMP th AVE CORD CORD Zoning Agricultural Estate Public Institutional Parks & Recreation Conservation/Open Space Project Area ,000 2,000 Feet ± Industrial Limited Industrial Commercial Rural Commercial Residential Multifamily Residential Hebron Glen UllinNew Salem Mandan Almont Flasher Proposed boundaries of site not exact. For planning purposes only.

3 STAFF REPORT MORTON C O U N T Y D E P A R T M E N T O F P L A N N I N G A N D Z O N I N G ITEM 2 S&W Portable Storage SUP Public Hearing: January 25, 2018 Planning and Zoning Commission Regular Meeting Application Type: Special Use Permit # of Properties: 1 Location: E½ of Section 17, Township 139 N, Range 83 W Acreage: Approx. 10 Applicant: Walt Frederickson Existing Zoning: Agricultural (A) Application Fee $300 (12/27/2017) Proposed Zoning: Agricultural (A) Citizen Outreach: 7 Letters sent (1/12/2018) Notice of Public Hearing advertised. No comments from the public. Proposal: Recommendation from Staff: Applicant is due for special use permit renewal for portable storage business. Applicant is requesting a permit duration of 5 years and an increase in the maximum number of portable units from 75 to 100 units. Approve the Special Use Permit, to include a maximum number of 100 portable units and a permit duration of 2 years. OVERVIEW AND BACKGROUND The area covered under the Special Use Permit is located 1 mile west of County Road 83 and approximately ¼ mile north of County Rd 139. S&W Portable Storage has been operating in the current location since the business was granted a Special Use Permit in May of In September, 2012 the business was found to be in violation of the SUP for storing more than 50 units on site and one time. A subsequent SUP was granted in November 2012 that allowed for 75 units. The SUP would be valid for a period of two years, with a condition that subsequent renewals should take place annually. The permit was renewed in 2014, 2015 and The applicant submitted a renewal application, at the request of staff, in December, Staff is processing the SUP renewal as a new SUP application since the applicant requested to adjust the terms of the SUP to increase the maximum number of portable units allowed on-site from 75 to 100 and to increase the duration of the SUP from an annual renewal to a five-year renewal period. FINDINGS AND ANALYSIS The site is surrounded by Agricultural/vacant land as well as rural residential properties. West Acres subdivision is located on the south side of County Road 139 approximately ¼ mile distant from the storage container yard. The approach for the storage container business is located directly across the County Road from homes in the West Acres subdivision (see figure 1). Staff visited the site on January 18, Staff observed that there were approximately 55 storage units on site, including at least two portable office or lodging units, which are allowed Page 1 of 3

4 under the current permit. Staff did not observe any violations of the conditions of the permit. The units appeared to be confined to the area allowed by the current permit. Staff has been apprised anecdotally that when the initial SUP was requested in 2012, there was some concern from the neighbors about the proposed use. As of the writing of this report, staff has not received any comments or complaints from neighbors or other members of the public. In evaluating the permit application, consideration should be given to any effects that the business may have on the character of the surrounding rural residential area and concerns that may be raised by neighboring property owners. Staff supports an increase in the maximum number of portable units allowed on site. Given that the applicant has, in the past, violated the conditions of the SUP, it is best to continue to monitor activity as the business may expand. It is staff s opinion that annual renewal is unnecessary and is cumbersome for the applicant. However, staff does recommend a two-year renewal period, as is typical for other SUPs of this nature in the County, rather than a five-year period. RECOMMENDATION Staff recommendation: approve the special use permit for a period of two years with a condition that the maximum number of portable units allowed on site is 100 units. Suggested motion: I move to approve the special use permit for S&W Portable Storage with the conditions listed in the draft special use permit presented by staff. ATTACHMENT 1. Zoning map 2. Draft Special Use Permit FIGURE 1 WEST ACRES HOMES ACROSS FROM S&W PORTABLE STORAGE APPROACH Page 2 of 3

5 FIGURE 2 SIGNAGE AT ENTRANCE TO S&W PORTABLE STORAGE FIGURE 3 STORAGE YARD (FACING NORTHEAST TOWARD I-94) Page 3 of 3

6 MORTON COUNTY STATE OF NORTH DAKOTA Planning & Zoning Department th Street Northwest Mandan, North Dakota Phone: PERMIT NO. PZ18-SU-A MORTON COUNTY SPECIAL USE PERMIT to allow the storage and sale of Portable Units on property zoned A Agricultural. The Morton County Commissioners have granted a Special Use Permit to allow the storage and sale of Portable Units on approximately 10 acres in the N½ NE¼ NE¼ SE¼ and the S½ SE¼ SE¼ NE¼ of section 17, Township 139N Range 83W, Morton County. Said property lies in the Agricultural (A) District. This Special Use Permit is subject to the following conditions: 1. A maximum of 100 Portable Units are allowed on the property at any given time. For the purpose of this Special Use Permit, a Portable Unit shall be defined as any of the following: Portable Storage Container, Shipping Container, Portable Lodging Unit, Portable Office Unit, or Skid Unit. 2. No Portable Unit shall be used as a dwelling while on the premises. 3. The storage and sale of Portable Units shall be confined to the ten (10) acres of land described above. 4. The Special Use Permit shall expire five years from the date of approval. Approved by the Morton County Commission February 8, 2018.

7 JBS Industrial Subdivision Morton County Planning and Zoning Department Created: 12/13/ th ST PRIVATE RD HWY Zoning Agricultural Estate Public Institutional 46th AVE 38th ST Parks & Recreation Conservation/Open Space Project Area I ON RAMP OFF RAMP ,260 Feet ± Industrial Limited Industrial Commercial Rural Commercial Residential Multifamily Residential Hebron Glen UllinNew Salem Mandan Almont Flasher Proposed boundaries of site not exact. For planning purposes only.

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9 STAFF REPORT MORTON C O U N T Y D E P A R T M E N T O F P L A N N I N G A N D Z O N I N G ITEM 3 JBS Industrial Subdivision Public Hearing: Application Type: January 25, 2018 Planning and Zoning Commission Regular Meeting Long-form Subdivision & zoning map amendment Location: SW¼ Section 4, Township 139 N, Range 85 W Acreage: 15.2 # of Properties: 2 Applicant: RUD Oil Company Existing Zoning: Industrial (I) & Agricultural (A) Application Fee $600 (10/17/2017) Proposed Zoning: Industrial (I) Citizen Outreach: 9 Letters sent (12/6/2017 and 1/12/2018) Notice of Public Hearing advertised. Staff received one phone call. Proposal: Recommendation from Staff: Applicant intends to create two industrial lots in order to separate structures that currently exist on the property onto individual lots. Approve the final plat of the long-form subdivision and zoning map amendment. BACKGROUND The proposed subdivision is located one mile north of Interstate 94 and a half mile west of State Highway 31, just outside the Joint Extraterritorial Area with New Salem. The property has been active for some time as an industrial operation. Existing improvements on the property include: an approximately 26,000 sq. ft. building, 6 fertilizer tanks, one anhydrous ammonia tank, 4 gasoline tanks, 4 diesel tanks and 3 propane tanks. The applicant proposes to divide the property into 2 lots. One 9.98-acre lot would contain fuelrelated uses. The second 3-acre lot would contain fertilizer-related uses. FIGURE 1 FACING WEST ON 37 TH STREET Page 1 of 3

10 FINDINGS OF FACT Land uses on all sides surrounding the subject property are vacant/agricultural. The existing uses on the property are compatible with surrounding land uses. Access/Circulation The section line to the west is unimproved. While the County will not require that the applicant improve the section line road, the plat will dedicate adequate rightof-way in the event that a section line road is ever required to support future development. The current permitted approach is located on the east side of the property. The approach will need FIGURE 2 LOOKING NORTH ALONG SECTION LINE to be moved to the location of the proposed access easement. The purpose of the access easement is to facilitate circulation in the event that Lot 2 is ever further divided on the northern portion of the property. Utilities The property already has power and Missouri West Water service. The water line is currently located below the proposed access easement. However, there is no requirement to pave the easement, which otherwise would generate a conflict, in the event it becomes necessary for Missouri West Water to access the water line. FIGURE 3 LOCATION OF PROPOSED ACCESS EASEMENT BETWEEN LOTS 1 & 2 Safety Staff received one phone call from a neighboring property owner who expressed concern regarding spills of hazardous materials on-site. The applicant does have a spill prevention and containment plan for the premises, which has been reviewed by the County Emergency Manager and found to be sufficient. The facility has concrete containment around the bulk fuel storage tanks. The facility was inspected by the ND State Fire Marshall s Office on July 12, 2017 and no deficiencies were noted. Page 2 of 3

11 Stormwater Management The applicant submitted a long-form subdivision for the subject property in 2011 that was never approved by County Commission. The applicant submitted a stormwater management plan as part of that application. The County Engineer reviewed that historic plan. He determined that the plan was acceptable to meet the requirements of the current application and that the plan was sufficient. The subject property is not located in a flood-prone area. RECOMMENDATION Staff recommendation: Approve the final plat of the long-form subdivision and zoning map amendment from Industrial (I) and Agricultural (A) to Industrial (I). Suggested motion: I move to approve the final plat of the long-form subdivision, known as JBS Industrial Subdivision, as it conforms to the subdivision regulations in Article 7 of the Morton County Land Use Code and is compatible with surrounding land uses. ATTACHMENTS 1. Final plat 2. Zoning map Page 3 of 3