Committee Minutes


PLANNING AND ZONING COMMISSION
MEETING MINUTES
City of Grand Forks, North Dakota
August 4, 2010

1. MEMBERS PRESENT

The meeting was called to order by Paula Lee at 5:30 p.m. with the following members present: Jim Bollman, Jim Galloway, Al Grasser, Tom Hagness, (Dr.) Lyle Hall, Bill Hutchison, Gary Malm, Frank Matejcek and Dana Sande. Absent: Steve Adams, Mayor (Dr.) Michael Brown, Doug Christensen, John Drees and Robert Drees. A quorum was present.

Staff present: Brad Gengler, City Planner; Roxanne Achman, Planner; and Carolyn Schalk, Senior Administrative Specialist (Planning and Zoning Department); Bev Collings, Building and Zoning Administrator (Building and Inspections Office) and Mike Flermoen, Assistant Fire Chief (Fire Department). Absent: Ryan Brooks, Senior Planner Charles Durrenberger, Senior Planner (Planning and Zoning Department).

2. READING AND APPROVAL OF MINUTES FOR JULY 7, 2010.

Lee asked if there were any additions or corrections to the minutes of July 7, 2010. There were no changes or corrections noted. Lee said the minutes would stand as presented.

3. PUBLIC HEARINGS, FINAL APPROVALS, PETITIONS AND MINOR CHANGES.

3-1. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF CRARY DEVELOPMENT INC., FOR FINAL APPROVAL OF THE PLAT OF HIGHLAND POINT FOURTH ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED AT 40TH AVENUE SOUTH AND SOUTH 16TH STREET.

Gengler spoke on the plat and rezoning of Highland Point Fourth Addition. The developer asked that the two items be tabled until the September meeting.

MOTION BY SANDE AND SECOND BY MALM TO TABLE THE PLAT REQUEST UNTIL THE SEPTEMBER MEETING. MOTION CARRIED UNANIMOUSLY.

3-2. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF CRARY DEVELOPMENT INC., FOR FINAL APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO EXCLUDE FROM THE HIGHLAND POINT PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN AND TO INCLUDE WITHIN THE HIGHLAND POINT PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 1, ALL OF HIGHLAND POINT FIRST, THIRD AND FOURTH ADDITIONS AND ALSO TO INCLUDE UNPLATTED LANDS LYING IN SECTION 21, TOWNSHIP 151 NORTH, RANGE 50 WEST OF THE 5TH PRINCIPAL MERIDIAN, ALL LOCATED BETWEEN SOUTH WASHINGTON STREET AND SOUTH 20TH STREET AND BETWEEN 36TH AVENUE SOUTH AND 40TH AVENUE SOUTH, GRAND FORKS, ND.

MOTION BY MALM AND SECOND BY SANDE TO TABLE THE REZONING REQUEST UNTIL THE SEPTEMBER MEETING. MOTION CARRIED UNANIMOUSLY.

3-3. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF LANDMARK INVESTMENTS LLC (STRATA CORPORATION), FOR FINAL APPROVAL (FAST TRACK) OF THE REPLAT OF LOTS 1 AND 2, BLOCK 1, STRATA SECOND ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED AT 1600 NORTH 48TH STREET.

Gengler reviewed the replat request. The current plat consists of one lot that houses the main facility and parking. Another large lot to the north contains most of the operation for the company. The proposed plat creates two additional lots. One lot will be for the main business or facility and the remaining lot will be for future development. The line on the plat cuts through the existing parking lot; however, the reduced parking area meets the requirement of the city code. Any future development will utilize the remainder of the current parking lot. The second lot will be carved out adjacent to the rail to the north and a site plan is currently being reviewed by staff for a concrete batch plant. The area has previously been approved under a conditional use permit (CUP) for this type of operation. The new plan is consistent with allowable uses under the I-2 District. Staff recommendation is for final approval.

There were no questions from the commission members.

Lee opened the public hearing. There was no one to speak and the public hearing was closed.

MOTION BY SANDE AND SECOND BY HAGNESS TO APPROVE THE REPLAT REQUEST, SUBJECT TO THE TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Show a correct plat location in the vicinity map.
3. Show a line length on all line segments.
4. Extend access control line along Interstate 29, to the south plat boundary.
5. Use shortened city council approval as no new public rights-of-way are created by the replat.
6. Check plat boundary distance along North 48th Street.
7. Acreages as shown do not match previously platted acreages.
Malm questioned the screening for the facility. Gengler stated there is existing screening but the building is located outside the corridor overlay district. There will not be any restrictions to building materials since they are outside the corridor overlay district. Malm made the comment that the business aesthetically barely rates above the salvage yards.

MOTION CARRIED UNANIMOUSLY.

3-4. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CONAGRA COMPANY, FOR APPROVAL OF A CONDITIONAL USE PERMIT (CUP) FOR THE STORAGE OF SAND, GRAVEL, STONE OR OTHER RAW MATERIAL, AT THE PROPERTY OWNED BY NORTH DAKOTA CONCRETE PRODUCTS COMPANY, LOCATED AT 1925 NORTH 42ND STREET.

Gengler announced the applicant had withdrawn the request. No formal action is necessary.


3-5. MATTER OF THE PETITION FROM LARRY AND ELAINE HADLAND FOR APPROVAL TO VACATE A UTILITY EASEMENT LYING WITHIN LOT 8, BLOCK 6, VALLEY PARK 2ND ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED AT 1910 21ST AVENUE SOUTH.

Gengler reviewed the vacation request stating it was a routine vacation of a utility easement established many years ago. The home on the lot is in the process of being sold. During the survey, it was discovered that a portion of an accessory building in the back of the property encroaches into the easement. In order to make the title clean, the easement needs to be vacated. There are no existing utilities in the easement and none is needed in the future. Staff recommendation is for approval of the vacation.

MOTION BY GALLOWAY AND SECOND BY SANDE TO APPROVE THE VACATION REQUEST. MOTION CARRIED UNANIMOUSLY.


4. COMMUNICATIONS AND PRELIMINARY APPROVALS:

4-1. MATTER OF THE REQUEST FROM AE2S, ON BEHALF OF THE GRAND FORKS PARK DISTRICT, FOR PRELIMINARY APPROVAL OF THE PLAT FOR HOMESTEAD GROVE THIRD ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED EAST OF SOUTH 11TH STREET BETWEEN 40TH AVENUE SOUTH AND 47TH AVENUE SOUTH.

Gengler stated Items 4-1, 4-2, 4-3 and 4-4 relate to the proposed Wellness Center. He asked that John Staley, park superintendent, give an overview of the plans for the project.

John Staley stated the park district, as well as other organizations, have been involved in the project of the Wellness Center. They are also involved in the remodeling of the YMCA. The Wellness Center and the YMCA would create a community-wide health and fitness program. Other partners include Altru Health System, Human Nutrition Research Center and other organizations. The project started five years ago as a new fitness center in conjunction with the YMCA with no new taxes attached with it. After studying other plans around the country, a consultant was hired to develop a business plan to measure the demand in Grand Forks for fee income, the size of the facility needed and the operation costs. A grant was obtained to aid in a fundraising campaign and to help make it affordable for people. The facility will be located on 42 acres of land donated by Crary Development and a naming sponsor (Choice Financial) at $2.75 million. There are also two individual donors in the seven-figure range that pledged to the project. There are other individuals involved in various areas of the project, such as the tennis courts, pledged at $50,000 plus. The effort for the last two years has been to raise the major gifts and now they are starting the general campaign. The plan is to begin the project by the middle of September with the first contract for utilities. The design work has been started with a local firm. The YMCA is working on design plans as well. The project will qualify for government stimulus bonds.

Gengler reviewed all the items together. He explained the plat boundary and stated the new plat will show the entirety of South 11th Street going from 40th Avenue South to 47th Avenue South. A portion of the street is already platted. The plat area is from South 11th Street and the easterly border of the PUD and between 40th and 47th Avenue South. The existing subdivision approved some years ago will be replaced by the new plan. He discussed the planned unit development and also explained that a portion of the area had been annexed but the remainder of the area is included in the annexation ordinance. Staff is comfortable with the preliminary plans and more details will be presented in September when final approval is sought.

Malm asked if residents to the east would be notified. Gengler said residents would be notified of the rezoning change. Hutchison stated that when the land was donated, neighborhood meetings were held and the neighborhood reception was positive.

Gengler was asked if streets would connect to existing residential areas and he said there would be no directly connected streets.

Galloway questioned the difference between the two figures talked about for the plat. The plat map shows 46.03 acres and Mr. Staley said there was 42 acres. Gengler answered the difference was between the raw land and the acreage that includes right-of-way.

MOTION BY HAGNESS AND SECOND BY HUTCHISON TO GIVE PRELIMINARY APPROVAL TO THE PLAT REQUEST SUBJECT TO THE TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Change plat title to “Homestead Grove Fourth Addition.”
3. Include a land description within the owner’s certificate.
4. Show access control along 47th Avenue South and 40th Avenue South.
5. Add spot ground elevations.
6. Show a line length on all curved line segments.
7. Dimension all exterior lines on plat.
8. Use a dotted text on street names in vacated Homestead Grove Second Addition.
9. Submit utility master plan and include area to connect storm sewer to the drainway.
10. The South 11th Street right-of-way may need to be enlarged to 100 feet of width to accommodate storm sewer.
11. Include cul-de-sac or turn-around area for 46th Avenue South.

Bollman asked if the commission thought it was appropriate for him to vote on the issue since he was a member of the of the Park Board. The decision was that he should vote on the issues.

MOTION CARRIED UNANIMOUSLY.

4-2. MATTER OF THE REQUEST FROM AE2S, ON BEHALF OF THE GRAND FORKS PARK DISTRICT, FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO EXCLUDE FROM THE R-1 (SINGLE-FAMILY RESIDENCE) DISTRICT, R-2 (ONE- AND TWO-FAMILY RESIDENCE) DISTRICT AND R-4 (MULTIPLE-FAMILY RESIDENCE, HIGH DENSITY) DISTRICT, HOMESTEAD GROVE THIRD PUD (PLANNED UNIT DEVELOPMENT) AND TO INCLUDE WITHIN THE HOMESTEAD GROVE THIRD PUD (PLANNED UNIT DEVELOPMENT) AMENDMENT NO. 1, ALL OF HOMESTEAD GROVE THIRD ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED EAST OF SOUTH 11TH STREET BETWEEN 40TH AVENUE SOUTH AND 47TH AVENUE SOUTH.

Gengler said the current zoning would be amended to reflect parks, playgrounds and other recreational activities.

MOTION BY DR. HALL AND SECOND BY GALLOWAY TO GRANT PRELIMINARY APPROVAL TO THE REZONING REQUEST. MOTION CARRIED UNANIMOUSLY.


4-3. MATTER OF THE REQUEST FROM AE2S, ON BEHALF OF THE GRAND FORKS PARK DISTRICT, FOR APPROVAL OF AN ORDINANCE TO ANNEX HOMESTEAD GROVE PUD (PLANNED UNIT DEVELOPMENT) OR THE PROPERTY KNOWN AS THE WELLNESS CENTER LOCATED EAST OF SOUTH 11TH STREET BETWEEN 40TH AVENUE SOUTH AND 47TH AVENUE SOUTH.

Malm thanked staff for providing the annexation point system.

MOTION BY GALLOWAY AND SECOND BY HUTCHISON TO APPROVE THE ANNEXATION OF THE PROPOSED AREA. MOTION CARRIED UNANIMOUSLY.

4-4. MATTER OF THE PETITION FROM THE GRAND FORKS PARK DISTRICT FOR APPROVAL TO VACATE ALL OF MAGNOLIA COURT AND 46TH AVENUE SOUTH LYING EAST OF SOUTH 11TH STREET, GRAND FORKS, ND.

Gengler explained the petition is to vacate the previously approved plat that is no longer necessary.

MOTION BY SANDE AND SECOND BY MATEJCEK TO APPROVE THE VACATION REQUEST. MOTION CARRIED UNANIMOUSLY.

5. REPORTS FROM THE PLANNING DEPARTMENT:

Gengler explained that Jim Bollman replaces Bill Hutchison as representative for the park board. Bill Hutchison replaces Dana Sande as an at-large representative. Dana Sande replaces Curt Kreun as city council representative.

Gengler announced that this is the last meeting for Dr. Lyle Hall (representing the school board) and presented him with a plaque for 12 years on the planning commission.

Dr. Hall said it was a great learning experience and he appreciated the opportunity to be part of the planning commission.

6. OTHER BUSINESS:

7. ADJOURNMENT.

MOTION BY MALM AND SECOND BY SANDE TO ADJOURN THE MEETING AT 6:10 P.M. MOTION CARRIED UNANIMOUSLY.


____________________________
Dana Sande, Secretary


____________________________
Paula H. Lee, President