Committee Minutes

PLANNING AND ZONING COMMISSION
MEETING MINUTES
City of Grand Forks, North Dakota
June 2, 2010

1. MEMBERS PRESENT

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

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

2. READING AND APPROVAL OF MINUTES FOR MAY 5, 2010.

Lee asked if there were any corrections or changes to the May 5, 2010 planning and zoning minutes. There were no corrections noted and 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 THIRD ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED AT 40TH AVENUE SOUTH AND SOUTH 16TH STREET.

Adams asked to be excused from voting on the issue. MOTION BY MALM AND SECOND BY KREUN TO RECUSE ADAMS FROM PARTICIPATION AND VOTING ON THE ISSUE. MOTION CARRIED UNANIMOUSLY.

Durrenberger reviewed the plat request. Since preliminary hearing of the issue in May, the developer has been meeting with members of the engineering department staff concerning drainage of the area. With the new surface runoff regulations, it is critical that drainage be considered. He referred members to a sketch of the planned subdivision. Rather than single-family homes on the east side, the developer is suggesting a townhouse development with the pond or area for runoff located in the center of the development. Staff recommends, under technical change No. 5, that the plat be modified with the eastern block of lots taken out, leaving one large lot substituting for it. This will maintain the current area of the subdivision proposed under the annexation and also make it easier to extend and replat block 1. Staff’s recommendation is for final approval subject to the technical changed shown on or attached to the review copy.

Hagness asked about the 2.86 acres labeled as a pond and park. He wanted to know if the property was owned by the park district and was the 8% park and open space dedication.

Gengler answered that part labeled as pond and park was privately owned and may be some pending negotiations with the park district for a shared plan. He noted this is a very preliminary conceptual plan. Durrenberger also added that final approval would not take place until the engineering staff is satisfied with the drainage plan.

Grasser stated the plan is complicated and they are working through the process. Engineering staff is waiting on a master plan. They are moving ahead with the lots on the west side but the area on the east side will need follow up work.

Hutchison, as representative of the park board, said he didn’t remember all the details on the area. He thought the owners had already met the 8% park and open space requirement for the subject property. He also said the park district could not maintain the middle area designated as pond/park area.

Gengler stated the park dedication was taken care of during the Planned Unit Development process for any plats processed for the Highland Point area. The 8% park requirement has been satisfied for the subject property.

Grasser said if there was any publicly owned facility, the area would probably not be allowed to be enclosed on all four sides by residential structures. There would have to be some portions open in order to be accessed by the public.

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

MOTION BY HUTCHISON AND SECOND BY DR. HALL TO GRANT FINAL APPROVAL TO THE PLAT REQUEST, SUBJECT TO THE TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Change Lyle Hall to Dana Sande in P & Z approval.
3. Supply master utility plan for all surrounding lands. Subject to approval by the city engineer.
4. Include backyard drainage plan.
5. Remove all individual lot information within Block 2. Label as Lot 1, Block 2 as there is no intent to develop this block as shown.

MOTION CARRIED UNANIMOUSLY.

3-2. (PUBLIC HEARING) MATTER OF THE REQUEST FROM JERRY PRIBULA, ON BEHALF OF GATEWAY STORAGE, LLP, FOR FINAL APPROVAL OF THE PLAT OF LEE RESUBDIVISION TO THE CITY OF GRAND FORKS, ND, LOCATED AT GATEWAY DRIVE AND NORTH 48TH STREET.

Brooks reviewed the request, saying most of the technical conditions had been met. It is a simple replat. Owners are separating out some of the uses on their property. Staff recommends approval of the plat, subject to the remaining technical changes.

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

MOTION BY HAGNESS AND SECOND BY SANDE TO GRANT APPROVAL OF THE PLAT REQUEST, SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Submit a drainage plan to verify compliance to current stormwater regulations.
3. Sign a waiver not to protest paving of North 48th Street.

MOTION CARRIED UNANIMOUSLY.

3-3. (PUBLIC HEARING) MATTER OF THE REQUEST FROM WIDSETH SMITH NOLTING AND ASSOCIATES, ON BEHALF OF NATE NYBERG, FOR FINAL APPROVAL (FAST TRACK) OF THE REPLAT OF LOTS 1 AND 3, BLOCK 16 AND VACATED LANDS ADJACENT THERETO, SKIDMORE’S ADDITION, TO THE CITY OF GRAND FORKS, ND, LOCATED AT 501 SEWARD AVENUE.

Brooks reviewed the request by stating it was a simple replat in the Riverside Drive area. There is a garage with a business on Lot A and a residential structure on Lot B. The owner is proposing to tear down the dilapidated residence and build a new residential building on the property. The zoning is the issue; it is a split-zoned lot. Lot A is a B-3 zone and Lot B is in an R-4 zone. A split zoning is not normally allowed. The zoning code is parcel based. There were two different uses on the one lot and splitting the lot makes it conform to proper zoning. In the future there will be a redevelopment process for the property administratively through the planning staff. After the replat is approved, the zoning will match with surrounding areas. Staff recommends approval of the replat, subject to the technical changes.

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

MOTION BY ADAMS AND SECOND BY GALLOWAY TO APPROVE THE PLAT REQUEST, SUBJECT TO THE FOLLOWING TECHNICAL CHANGES, SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Show width of Seward Avenue right-of-way.
3. Change plat title in title block and the owner’s certificate to reflect vacated lands not “streets.”
4. Include Dana Sande as the secretary for the Planning and Zoning Commission.
5. All replatted lands are in “Block 16.”

MOTION CARRIED UNANIMOUSLY.

3-4. (PUBLIC HEARING) MATTER OF THE REQUEST FROM PATRICK KRUG, ON BEHALF OF EAST GRAND DEVELOPERS, LLC, FOR FINAL APPROVAL (FAST TRACK) OF THE REPLAT OF LOT 8, BLOCK 2, COLUMBIA PARK 29TH RESUBDIVISION TO THE CITY OF GRAND FORKS, ND, LOCATED AT 2023 PEMBROOKE COURT BETWEEN PENDLETON DRIVE AND SOUTH 20TH STREET.

Durrenberger reviewed the request by stating the replat is a simple lot split. There is a duplex home on the lot and the owners want to split the lot and change it to two single family attached residences. Staff recommendation is for final approval, subject to the technical changes.

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 MALM TO APPROVE THE REPLAT REQUEST, SUBJECT TO THE TECHNICAL CHANGES, SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Include measured and platted distances on front and rear of Lots A & B.
3. Check distance on common line between Lots A & B.
4. In the P&Z approval certificate, the new secretary is Dana Sande.
5. Use the shortened version of the city council approval as street and highway plan is not needed.
6. Remove “building line” from final mylar.

MOTION CARRIED UNANIMOUSLY.

3-5. (PUBLIC HEARING) MATTER OF THE REQUEST FROM WIDSETH SMITH NOLTING AND ASSOCIATES, ON BEHALF OF SARAH ALBRECHT AND JULIE SOLHEIM, FOR FINAL APPROVAL (FAST TRACK) OF THE REPLAT OF LOT 7, BLOCK X OF THE REPLAT OF BLOCK 4, SUN-BEAM ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED AT 618 & 620 GREAT PLAINS COURT.

Gengler reviewed the request stating the replat splits a single lot (duplex) into two lots. Staff has requested to add technical change number 6 to the list of technical changes to read “Approval of the replat acknowledges the existing non-conforming building setback on the lot to be replatted as Lot B.” There should be a 12.5’ side yard or second front yard setback, but after construction was completed, it was 10’, plus or minus. Staff recommends approval of the replat subject to the technical changes.

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

MOTION BY HAGNESS AND SECOND BY KREUN TO GRANT APPROVAL TO THE REPLAT REQUEST, SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Change Lot “A” to “E” and Lot “B” to “D” on the drawing and in the owner’s consent.
3. Include the delta angle with the curve data.
4. Remove building and driveway lines from the final mylar.
5. At the rear of Lots D and E, make the 20-foot easement a drainage and utility easement.
6. Approval of the replat acknowledges the existing non-conforming building setback on the lot to be replatted as Lot B.

MOTION CARRIED UNANIMOUSLY.

3-6. MATTER OF REQUEST FROM DAVID POLRIES, ON BEHALF OF DAKOTA DRY BEAN, INC., FOR APPROVAL OF ANNEXATION TO INCLUDE ALL OF LOT 3, BLOCK 1, KORYNTA-LEMM 4TH RESUBDIVISION AND PART OF LOT 2, BLOCK 6, KORYNTA-LEMM SUBDIVISION TO THE CITY OF GRAND FORKS, NORTH DAKOTA.

Gengler announced the annexation request had been withdrawn by the applicant.

3-7. MATTER OF THE REQUEST FROM INDIGO SIGNS, ON BEHALF OF ALTRU HEALTH SYSTEM, FOR APPROVAL OF AN APPEAL TO THE SIGN CODE TO PROVIDE A BANNER SIGN AT 1200 SOUTH COLUMBIA ROAD.

Gengler reviewed the request by stating the commission had previously dealt with a similar request. The hospital has been recognized for certain awards in the past and the commission has approved the display of a heavy-duty banner to display that award. He showed a photo of the previous banner displaying the award. The request is identical to one in the past. The sign code has been changed so staff processed the request as an appeal. There is no specific definition to describe a banner type sign. It is on premise. Since this has been approved previously and there were no problems in the past, staff is suggesting approval of the appeal. The banner sign would be approved for not longer than six months. The size is 12 feet by 31 feet.

Lee asked if there was any desire to add this type of sign with a definition to the sign code. Gengler said it had been discussed in the past but never a sense of urgency to complete the process. Banner signs are somewhat controversial depending on what part of town they are in. Staff is satisfied to offer this as an exception to the sign code and recommended approval of the appeal.

MOTION BY ADAMS AND SECOND BY HUTCHISON TO APPROVE THE APPEAL TO THE SIGN CODE AND ALLOW ALTRU TO PUT UP THE BANNER SIGN FOR A PERIOD NOT TO EXCEED SIX MONTHS. MOTION CARRIED UNANIMOUSLY.

4. COMMUNICATIONS AND PRELIMINARY APPROVALS:

NONE.

5. REPORTS FROM THE PLANNING DEPARTMENT:

5-1. MATTER OF THE UPDATE ON THE CONDITIONAL USE PERMIT (CUP) FOR THE SALVAGE YARDS.

Gengler stated in December, 2005, the conditional use permits were renewed to Weekly’s and Swangler’s salvage yards. Renewal is due again in December, 2010. He showed pictures of the salvage yards from 2004 until the present. The owners have addressed everything required of them over the years and there have been no violations. The plan is to bring it back as a formal item next month.

Hagness asked that the owners be given plenty of notice time when the item is on the agenda.

This was offered as information.

5-2. MATTER OF THE UPDATE FROM THE PLANNING DEPARTMENT ON THE LAND USE PLAN.

Brooks stated it is time to start the five-year cycle to update the land use plan. He gave a power point presentation for the land use update for 2040. In the past, the public meetings have been sparsely attended. Staff will try a different approach by offering presentations at different events, i.e. farmers market. In the past, residents did not provide comments unless they were adversely affected. This was provided for information.

6. OTHER BUSINESS:

7. ADJOURNMENT.

MOTION BY MALM AND SECOND BY SANDE TO ADJOURN THE MEETING AT 6:15 P.M. MOTION CARRIED UNANIMOUSLY.


____________________________
Dana Sande, Secretary


____________________________
Paula H. Lee, President