Committee Minutes
PLANNING AND ZONING COMMISSION
MEETING MINUTES FOR JULY 11, 2007
8
PLANNING AND ZONING COMMISSION
MEETING MINUTES
City of Grand Forks, North Dakota
July 11, 2007
1. MEMBERS PRESENT
The meeting was called to order by Dr. Lyle Hall, Secretary, at 7:02 p.m. with the following members present: Steve Adams, Doug Christensen, Robert Drees, Tom Hagness, Gary Malm, Frank Matejcek and Marijo Whitcomb. Absent: Mayor (Dr.) Michael Brown, John Drees, Al Grasser, Bill Hutchison, Curt Kreun, and Paula Lee. A quorum was present.
Staff present included Charles Durrenberger, Senior Planner; Ryan Brooks, Senior Planner; and Carolyn Schalk, Administrative Specialist, Senior, Planning and Zoning Department; and Bev Collings, Building and Zoning Administrator (Building Inspections Office). Absent: Brad Gengler, City Planner.
2. READING AND APPROVAL OF MINUTES FOR JUNE 6, 2007.
Dr. Hall asked if there were any corrections or changes to the minutes of June 6, 2007. There were no changes noted and the minutes were accepted as presented.
3. PUBLIC HEARINGS, FINAL APPROVALS, PETITIONS AND MINOR CHANGES:
3-1. (PUBLIC HEARING) MATTER OF THE REQUEST FROM WIDSETH SMITH NOLTING AND ASSOCIATES, INC., ON BEHALF OF RICK AND KATHY FAYETTE, FOR FINAL APPROVAL OF THE
PLAT OF SHADY ACRES ADDITION
, BEING A PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 151 NORTH, RANGE 50 WEST OF THE FIFTH PRINCIPAL MERIDIAN, GRAND FORKS COUNTY, ND, LOCATED ON GRAND FORKS COUNTY ROAD NO. 17 (SOUTH COLUMBIA ROAD).
Brooks reviewed the plat request, stating it was the same as last month with only minor changes based on the review comments. He explained the plat was the last of the three plats processed under the old rules. The area is located on Columbia Road, outside of the city limits in the A-2 zoning district and part of the tier 2 of the 2035 land use plan. Staff evaluated the plat for annexation but it fell below the necessary point value. There are two homes located on the property with a shared driveway. The driveway will now revert to a private road easement and will become a public right-of-way in the future when the property is annexed. A note will be added to the plat that once the property is annexed, the two outbuildings will be removed from the right-of-way. Staff recommends final approval of the plat and street and highway ordinance.
Dr. Hall opened the public hearing.
Chris Jordheim, Widseth Smith Nolting, stated he was the surveyor of record for the property and would answer any questions. There were no questions or comments from the commission. The public hearing was closed.
MOTION BY HAGNESS AND SECOND BY MALM TO APPROVE THE PLAT REQUEST SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY AND FINAL APPROVAL OF THE STREET AND HIGHWAY ORDINANCE:
1.
Submit title opinion.
MOTION CARRIED UNANIMOUSLY.
3-2. (PUBLIC HEARING) MATTER OF THE REQUEST FROM SUNSET BLUFFS, LLC, FOR FINAL APPROVAL OF THE
REPLAT OF LOTS B,C,D,E,F,G,H,J,K AND L, BLOCK 1, SHADYRIDGE ESTATES FIFTH RESUBDIVISION
TO THE CITY OF GRAND FORKS, ND, LOCATED AT ADAMS DRIVE AND SHADYRIDGE COURT.
Durrenberger reviewed the request, stating the area was previously approved for 12-unit townhomes but only two of the units have been built. The request is to change the use to single-family detached lots. The new plat creates a cul-de-sac to serve the lots in the northwest corner of the plat. The cul-de-sac will connect to the existing private road. Staff recommendation is for final approval.
Robert Drees asked about the verbal protest from the previous owner as discussed last month.
Brooks spoke on the issue since Durrenberger was not at the last month’s meeting. He noted the discussion between the previous owner and the existing owner is a civil matter. The previous owner sold the property with the understanding that townhomes would be built on the property, not single-family homes. The city is not a party to the agreement and is not involved in the discussions on that issue.
Dr. Hall opened the public hearing. There was no one to speak on the issue and the public hearing was closed.
MOTION BY WHITCOMB AND SECOND BY MATEJCEK FOR FINAL APPROVAL OF THE REPLAT SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Submit ingress-egress agreement for Lots P, Q, S, T, U, V, and W.
3. Show extents of existing L.O.M.R. on affected lots.
4. Add access control along the north line of Lot R.
5. Add the following general notes:
A site plan with current elevations shall be submitted prior to issuance of a building permit.
Some or all of the property on this plat may be located in a flood hazard zone, floodplain or floodway and the city of Grand Forks makes no representations or warranties regarding the construction upon said lots, or the construction of flood protection to serve the platted area, or the provision of any utility service to the platted area. In addition, the city of Grand Forks makes no representations of warranties regarding the uninterrupted supply of any utility service to the property within the platted area that may ultimately be developed without the protection of flood protection.
Based on F.E.M.A., F.I.R.M. 385365 0015D dated 9/27/1985, the 100-year floodplain elevation in the vicinity of this plat is 834.0. Any dwelling to be constructed on land platted herein shall have a finished ground elevation around the entire perimeter of the structure of 837.00 which is one foot higher than the best available base flood elevation at the time of platting. Portions of the area platted herein are within the 100-year floodplain.
MOTION CARRIED UNANIMOUSLY.
3-3. (PUBLIC HEARING) MATTER OF THE REQUEST FROM SUNSET BLUFFS, LLC, FOR FINAL APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO EXCLUDE FROM THE SHADYRIDGE PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 2, AND
TO INCLUDE WITHIN THE SHADYRIDGE PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 3,
ALL OF SHADYRIDGE ESTATES FIRST ADDITION, SHADY RIDGE ESTATES SECOND ADDITION, SHADY RIDGE ESTATES THIRD ADDITION, SHADYRIDGE ESTATES FOURTH RESUBDIVISION, SHADYRIDGE ESTATES FIFTH RESUBDIVISION, SHADY RIDGE ESTATES SIXTH RESUBDIVISION, SHADYRIDGE ESTATES SEVENTH ADDITION, SHADYRIDGE ESTATES EIGHTH RESUBDIVISION, GREENWOOD SUBDIVISION AND UNPLATTED PORTIONS OF SECTION 26, TOWNSHIP 151, RANGE 50 WEST OF THE FIFTH PRINCIPAL MERIDIAN, ALL LOCATED WITHIN THE VICINITY OF ADAMS DRIVE AND SHADYRIDGE COURT.
Durrenberger reviewed the request for rezoning of the plat area discussed under item 3-2. The request was to rezone the remainder of the area for single-family attached and detached homes. Staff recommendation is for final approval.
Dr. Hall opened the public hearing. There was no one to speak and the public hearing was closed.
MOTION BY MALM AND SECOND BY ADAMS FOR FINAL APPROVAL OF THE REZONING REQUEST SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY AND APPROVAL OF THE REZONING ORDINANCE:
1. Please show the current platting proposal for the Desiree Drive area. In the event the plat of Shadyridge Estates 8th Resubdivision is not approved, this area should revert back to its current configuration.
2. The sub-area presently identified as R-3 type uses should be designated as a maximum residential density of 5 units per acre as approved on the original PUD. Add a note under R-3 type uses: Maximum density of 5 units per acre as approved on the original Planned Unit Development, Concept Development Plan. Add “Concept Development Plan, Amendment No. 3” to the main title block at the bottom of the drawing.
3. See redlined copy for minor text changes under the PUD approvals.
4. Change Shadyridge Estates Fifth Addition to Shadyridge Estates Fifth Resubdivision.
5. Add the following note: Shadyridge Estates Fifth Addition replatted to A Replat of Lots B, C, D, E, F, G, H, J, K AND L, Block 1, Shadyridge Estates Fifth Resubdivision on ________________(with an identification arrow).
MOTION CARRIED UNANIMOUSLY.
3-4. MATTER OF THE REQUEST FROM WILLIAM KNIPE FOR A
STREET NAME CHANGE IN KNIPES FIRST ADDITION
. THE REQUEST IS TO CHANGE THE NAME FROM SOUTH 72ND STREET AND 29TH AVENUE SOUTH (CURVED ROAD) TO
FARMSTEAD DRIVE
.
Durrenberger reviewed the request, stating the rural large lot single-family subdivision was approved in 2006. The named streets of 29th Avenue South and South 72nd Street creates a curved roadway; the request is to rename the curved roadway to Farmstead Drive. The requested name change is consistent with policies on street naming. Staff recommendation is for approval and request approval of the resolution for the street name change by the city council.
MOTION BY CHRISTENSEN AND SECOND BY ADAMS TO RENAME THE CURVED ROADWAY (29TH AVENUE SOUTH AND SOUTH 72ND STREET) TO FARMSTEAD DRIVE.
Malm stated in years past, the fire department would become angry when streets were renamed. Durrenberger stated the subdivision is not in the city limits.
Mike Flermoen of the city fire department said it might have been an issue in the past but now they have mobile data computers in the trucks. However, the county does not have them.
Durrenberger was asked if there were homes on the lots and he replied there were no homes constructed on the property. Records still indicate the property under the ownership of Bill Knipe.
MOTION CARRIED UNANIMOUSLY.
3-5. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF LAVONNE ADAMS AND OTHERS INCLUDING THE CITY OF GRAND FORKS, ND, FOR FINAL APPROVAL OF THE
PLAT OF SHADYRIDGE ESTATES EIGHTH RESUBDIVISION
TO THE CITY OF GRAND FORKS, ND, AND LOCATED AT DESIREE DRIVE.
Brooks reviewed the plat request, stating the plat was essentially the same as last month. The north right-of-way was shifted to the south due to elevation of homes built in the area. The roadway is already in place and will remain where it is currently located. Brooks said the name of Desiree Drive would remain in place since there was not enough feedback from the neighborhood on a name change. If changed in the future, it would be by resolution to the city council.
There were no questions from commission members.
Dr. Hall opened the public hearing. There was no one to speak and the public hearing was closed.
MOTION BY HAGNESS AND SECOND BY CHRISTENSEN FOR FINAL APPROVAL OF THE PLAT OF SHADYRIDGE ESTATES EIGHTH RESUBDIVISION SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY AND APPROVAL OF THE STREET AND HIGHWAY PLAN:
1. Enlarge ground contour numbers.
2. Rename Desiree Drive.
3. Check location of 100-year flood line. Show line as per current FIRM map.
4. Show extents of existing L.O.M.R. on affected lots.
5. Plat requires vacation of streets and easements.
6. Plat requires street and highway ordinance.
7. Show dimensions on all curved line segments.
8. Include vacation numbers for Morgan Street and Desiree Drive.
9. On page 2, list signers as shown on the submitted title insurance policy.
10. On page 2, include all appropriate mortgagee’s as signers, per title
commitment or submit letters of ratification.
11. Add the following to general notes:
A site plan with current elevations shall be submitted prior to issuance of a building permit.
Some or all of the property on this plat may be located in a flood hazard zone, floodplain or floodway and the city of Grand Forks makes no representations or warranties regarding the construction upon said lots, or the construction of flood protection to serve the platted area, or the provision of any utility service to the platted area. In addition, the city of Grand Forks makes no representations of warranties regarding the uninterrupted supply of any utility service to the property within the platted area that may ultimately be developed without the protection of flood protection.
Based on F.E.M.A., F.I.R.M. 385365 0015D dated 9/27/1985, the 100-year floodplain elevation in the vicinity of this plat is 834.0. Any dwelling to be constructed on land platted herein shall have a finished ground elevation around the entire perimeter of the structure of 836.70 which is one foot higher than the best available base flood elevation at the time of platting. Portions of the area platted herein are within the 100-year floodplain.
MOTION CARRIED UNANIMOUSLY.
3-6. MATTER OF THE REQUEST FROM JUSTIN KLABO, ON BEHALF OF LOCAL RESIDENTS, FOR APPROVAL OF A
STREET NAME CHANGE IN SHADYRIDGE ESTATES THIRD AND SIXTH ADDITIONS. THE REQUEST IS TO CHANGE THE NAME OF DESIREE DRIVE
.
MOTION BY MALM AND SECOND BY CHRISTENSEN TO TABLE THE REQUEST INDEFINITELY. MOTION CARRIED UNANIMOUSLY.
3-7. (PUBLIC HEARING) MATTER OF THE REQUEST FROM MEREDITH RICHARDS, URBAN DEVELOPMENT DEPARTMENT, ON BEHALF OF THE CITY OF GRAND FORKS, FOR FINAL (FAST TRACK) APPROVAL OF THE
REPLAT OF LOTS 1, 2, AND NORTH ONE-HALF (N-1/2) OF LOT 3, BLOCK 1, AUDITOR’S SUBDIVISION NO. 9
, TO THE CITY OF GRAND FORKS, ND, LOCATED IN THE 1500 BLOCK OF BELMONT ROAD. The request also includes a
variance
to the Land Development Code, Article 2, SECTION 18-0204 RULES AND Definitions, Paragraph (2)
DEFINITION OF A MINOR SUBDIVISION
.
Brooks reviewed the request stating the replat is flood related but does not deal with the dike. The replat deals with the low area on Belmont Street and 15th Avenue South where homes were damaged by the flood in 1997. The city bought out the homes and removed the homes on the lots. The lots are now being opened for bids to have homes built on them once again. The Urban Development department has been handling the whole process for areas bought out by the city. Staff from several departments reviewed the plans to determine how best to re-develop the property and blend in with the existing neighborhood. The property lines were adjusted to create two larger lots out of three lots and will be sold in the fall. Brooks reported a neighborhood meeting was held on June 28, 2007 and people from the neighborhood agreed with the plan. The idea is to have very good homes on the sites that blend in with the existing neighborhood. Access control along Belmont Road will be required. Lot A will have access from 15th Avenue South and Lot B will only be allowed one driveway with an unspecified location (two now exist) onto Belmont Road. Since the neighborhood was developed with park-like front yards, an 80-foot front yard setback is suggested to better fit with existing homes.
The commission asked a few questions for clarification. Dr. Hall opened the public hearing. There was no one to speak and the public hearing was closed.
MOTION BY MATEJCEK AND SECOND BY WHITCOMB FOR FINAL APPROVAL OF THE REPLAT REQUEST SUBJECT TO THE FOLLOWING TECHNICAL SHOWN ON OR ATTACHED TO THE REVIEW COPY AND APPROVAL OF THE VARIANCE:
1. Submit title opinion.
2. Change the word “to” in the plat title and the owner’s certificate to “in” as shown on the original plat of Auditor’s Subdivision No. 9.
3. Add note that building setbacks on Lots A and B shall match prevailing adjoiners.
4. Add access control along Belmont Road and 15th Avenue South as shown. One 30-foot wide driveway access will be allowed on Lot B; its location will be approved based on an acceptable site plan.
5. Add a 15-foot utility/bikeway/pedestrian easement along Belmont Road.
6. Add a 10-foot utility easement along 15th Avenue South.
7. Plat approval recognizes a variance to the subdivision regulations concerning a minor subdivision with utility easements.
MOTION CARRIED UNANIMOUSLY.
4. COMMUNICATIONS AND PRELIMINARY APPROVALS:
4-1. MATTER OF THE REQUEST FROM MEREDITH RICHARDS, URBAN DEVELOPMENT DEPARTMENT, ON BEHALF OF THE CITY OF GRAND FORKS, ND, FOR PRELIMINARY APPROVAL OF THE
REPLAT OF LOTS 2 THROUGH 8 AND THE NORTH 10 FEET OF LOT 9, BLOCK 1, WALCHESTER PLACE ADDITION
, CITY OF GRAND FORKS, ND, LOCATED IN THE 1500 BLOCK OF WALNUT STREET.
Brooks reviewed the request, stating the replat is a flood plat with no dike. He explained that the lots were small in the area with only 115-feet in depth. It is a one-way street with a right-of-way width of 48 feet so additional utility easements will be added to the front before the properties are sold. Instead of the seven lots that existed before, there will be six lots separated equally nearly 70’ x 115’ allowing some extra room for homes. The homes on these lots will not be large homes; they will be sized to blend in with the existing neighborhood. At the public meeting, property owners expressed concern on drainage problems, therefore, a drainage plan will be required for the properties to determine if a catch basin is necessary. Staff recommendation is for final approval of the replat.
Hagness expressed gratitude to Brooks and other city staff personnel for the plan as presented.
MOTION BY HAGNESS AND SECOND BY WHITCOMB FOR PRELIMINARY APPROVAL OF THE REPLAT REQUEST SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Adjust front and rear lot distances to equal overall plat boundary distances.
3. Add 10-feet utility easement along Walnut Street.
4. Supply a backyard drainage plan to determine if additional stormsewer easements are necessary.
5. Add ground contours.
MOTION CARRIED UNANIMOUSLY.
4-2. MATTER OF THE REQUEST FROM THE PLANNING DEPARTMENT FOR PRELIMINARY APPROVAL OF AN
ORDINANCE REGARDING A CONDITIONAL USE PERMIT FOR BEET PULP AND TAILINGS.
MOTION BY CHRISTENSEN AND SECOND BY WHITCOMB TO TABLE THE CONDITIONAL USE PERMIT REQUEST. MOTION CARRIED UNANIMOUSLY.
5. REPORTS FROM THE PLANNING DEPARTMENT:
None.
6. OTHER BUSINESS:
7. ADJOURNMENT.
MOTION BY MATEJCEK AND SECOND BY CHRISTENSEN TO ADJOURN THE MEETING AT 7:35 P.M. MOTION CARRIED UNANIMOUSLY.
____________________________
Lyle A. Hall, Secretary
____________________________
Paula H. Lee, President