Committee Minutes


PLANNING AND ZONING COMMISSION
MEETING MINUTES
City of Grand Forks, North Dakota
December 1, 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 Bollman, Doug Christensen, John Drees, Jim Galloway, Al Grasser, Bill Hutchison, Laura Jelinek, Gary Malm, Frank Matejcek, Dana Sande (by video) and Mike St. Onge. Absent: Mayor (Dr.) Michael Brown and Robert Drees. A quorum was present.

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

2. READING AND APPROVAL OF MINUTES FOR NOVEMBER 3, 2010.

Lee asked if there were any additions or corrections to the minutes of November 3, 2010. There were no comments or changes noted. Lee said the minutes would stand as presented.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 ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES INC. (AE2S), ON BEHALF OF KEITH D. DANKS, SR. FOR FINAL APPROVAL OF THE REPLAT OF LOT 13, BLOCK 1, DANKS SECOND RESUBDIVISION TO THE CITY OF GRAND FORKS, ND, LOCATED AT SOUTH 43RD STREET AND 8TH AVENUE SOUTH.

Gengler reviewed the replat request, bringing attention to the note on the document that states “Access to 42nd Street through 8th Avenue South may be subject to change based on an on-going study of a grade separation project. Copies of alternatives are available at the city attorney’s office.” The intent was to alert any potential buyers of the changes dependent on the eventual underpass or overpass. Staff’s recommendation was for approval subject to the technical changes shown on the review copy.

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

MOTION BY JOHN DREES AND SECOND BY MATEJCEK TO APPROVE THE REPLAT SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Change Lot numbers to Lots ‘A’, ‘B’, ‘C’, ‘D’, ‘E’.
3. Change 7th Ave. So. To 8th Ave. So. In the vicinity map.
4. Add missing dimension along the west line of Lot ‘B’.
5. Use shortened version of City Council approval as no new right of ways are to be dedicated.

MOTION CARRIED UNANIMOUSLY.

3-2. (PUBLIC HEARING) MATTER OF THE REQUEST FROM SWANGLER AUTO WRECKING FOR APPROVAL OF THE RENEWAL OF A CONDITIONAL USE PERMIT (CUP) FOR THE OPERATION OF AN AUTO SALVAGE YARD, LOCATED AT 7596 GATEWAY DRIVE.

Gengler reviewed Items 3-2 and 3-3 together since they deal with the same issue but will require separate voting. In 2005, both salvage yards were approved for a five-year renewal of the conditional use permit (CUP). Some of the conditions on the permit have been removed on the new proposed CUP. Number 8 of the conditions will be removed that states a sign should be posted on the property regarding the law about abandoned vehicles. The city did post signs at each facility stating that condition. Also, number 10 of the conditions refers to a required fence for a 200-foot gap in the existing wall. That has been accomplished so the condition will be removed. Gengler further noted that staff had spent considerable time looking for various funding sources at federal and state level for any type of cleanup dollars that would help with cleanup in the area. However, most of the programs are tied to specific provisions such as the owner of the property must be a governmental entity. The salvage yards do not fall into the scenarios provided by the programs. In the past five years, there have been no documented complaints or violations for the two salvage yards. Both owners have adhered to all conditions placed on the condition use permits.

Gengler said he spoke to the Department of Transportation and found out they had been awarded a $200,000 TE grant. This will provide the state with funds for landscaping and potential drainage work from the airport to 55th Street. This will not beautify the corridor but it is a start.

Staff’s recommendation was for approval of the CUP and staff will continue to monitor any grants for landscaping for the area.

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

MOTION BY MALM AND SECOND BY MATEJCEK TO APPROVE THE FIVE-YEAR RENEWAL OF THE CONDITIONAL USE PERMIT (CUP) FOR SWANGLER AUTO WRECKING. MOTION CARRIED WITH GALLOWAY VOTING NAY.

3-3. (PUBLIC HEARING) MATTER OF THE REQUEST FROM WEEKLEY’S AUTO PARTS FOR APPROVAL OF THE RENEWAL OF A CONDITIONAL USE PERMIT (CUP) FOR THE OPERATION OF AN AUTO SALVAGE YARD, LOCATED AT 7600 GATEWAY DRIVE.

This was discussed under Item 3-2.

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

MOTION BY MALM AND SECOND BY MATEJCEK TO APPROVE THE FIVE-YEAR RENEWAL OF THE CONDITIONAL USE PERMIT (CUP) FOR WEEKLEY’S AUTO PARTS. MOTION CARRIED WITH GALLOWAY VOTING NAY.

3-4. (PUBLIC HEARING) MATTER OF THE REQUEST FROM MIKE OPP, ON BEHALF OF HANSEN CHRYSLER PROPERTIES, LLP, FOR FINAL APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO REZONE AND EXCLUDE FROM THE B-3 (GENERAL BUSINESS) DISTRICT AND TO INCLUDE WITHIN THE R-4 (MULTIPLE-FAMILY RESIDENCE, HIGH DENSITY) DISTRICT, LOT F, BLOCK 1, OF THE REPLAT OF LOTS A, D AND E, OF THE REPLAT OF LOT 2, HANSEN’S ADDITION; LOT 2, BLOCK 1, BOYD’S ADDITION; AND LOT 1, BLOCK 1, HANSEN’S ADDITION, ALL TO THE CITY OF GRAND FORKS, ND, LOCATED AT 3401 GATEWAY DRIVE.

Achman reviewed the rezoning ordinance to exclude from the B-3 District and include within the R-4 District. The R-4 zoning allows a maximum residential density of 50 units per acre; however, the developers are requesting 16.23 units per acre. The development will accommodate four 36-plex apartment units. Staff’s recommendation was for approval of the rezoning and also to max the density to 144 units and to cap the impervious surface to 65%.

Brooks spoke on the traffic issues as requested at last month’s meeting. He referred to the table presented as part of the packet sent to commission members. Residential has the least traffic impact on the area as compared to other uses in a B-3 District. The change from B-3 zoning to R-4 will generate approximately 1100 cars a day. Staff looked at the traffic on Stanford Road. In 2000, the traffic was about 4700 cars and this past year, it was 2800 cars so there has been a decrease along Stanford Road.

Hutchison voiced concern again on the drainage at 13 Avenue North and Darwin Drive. This was discussed at last month’s meeting. If an easement could be included, it would not have to be put in now, but would allow it for future use. Brooks said the property does not have to be replatted but it could be included in the motion. Grasser said it could be included to have the developers work with engineering staff on the easement location and width.

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

Malm spoke on the construction track made by workers on Longbow Court. He wondered if the access could be blocked. Brooks said bollards could be required.

Gengler said there would be curb and gutter on the parking lot. Christensen said that the developers of the apartments could not put up something to stop traffic on land they don’t own. Brooks said the owner of Longbow Court would need to put something in place to prevent more traffic on that private street.

MOTION BY CHRISTENSEN AND SECOND BY ST. ONGE TO APPROVE THE REZONING WITH THE FOLLOWING CAVEATES: INCLUDE A 20’ EASEMENT ALONG THE SOUTHERN EDGE OF THE PROPERTY; LIMIT THE DENSITY TO 144 UNITS; AND TO CAP THE IMPERVIOUS SURFACE TO 65%. MOTION CARRIED UNANIMOUSLY.

3-5. (PUBLIC HEARING) MATTER OF THE REQUEST FROM LIGHTOWLER JOHNSON ASSOCIATES, INC., ON BEHALF OF SERVICE OIL, INC., FOR FINAL APPROVAL (FAST TRACK) OF THE REPLAT OF LOT 2, BLOCK 4, OF THE REPLAT OF AIRPORT ADDITION, INCLUDING PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 151 NORTH, RANGE 50 WEST, LOCATED AT 1100 NORTH 47TH STREET.

Brooks reviewed the request, stating it was a simple replat that divides property on North 47th Street for a proposed office building. Staff’s recommendation is for approval subject to the technical changes shown on or attached to the review copy.

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

MOTION BY BOLLMAN AND SECOND BY CHRISTENSEN TO APPROVE THE REPLAT SUBJECT TO THE TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Correct plat title as shown in the title block and the owner’s certificate.
3. Change Lots 1 and 2 to Lots A and B.
4. Lots A and B will remain in Block 4.
5. Correct lot distances on south and west lines of Lot ‘A’
6. Show proper square footage and acreage for Lots A and B.
7. Existing utility easement width, along the north line of Lot A, should be 10’.
8. For the owner’s consent and dedication, use the wordage as shown in the land development code. 18-0910(4)(c).
9. Use a line style drawing for the vicinity map and state the scale.
10. Drawing is not printed and the scale of 1” = 40’.
11. Remove all company names and logos from the plat.
12. Properly identify the proposed replat area in the vicinity map.
13. Both newly created lots will be subject to compliance with current stormwater regulations.

MOTION CARRIED UNANIMOUSLY.

4. COMMUNICATIONS AND PRELIMINARY APPROVALS:

4-1. MATTER OF THE REQUEST FROM LIGHTOWLER JOHNSON ASSOCIATES, INC, ON BEHALF OF SERVICE OIL, INC., FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO REZONE AND EXCLUDE FROM THE AIRPORT PUD DISTRICT AND TO INCLUDE WITHIN THE B-3 (GENERAL BUSINESS) DISTRICT, ALL OF THE REPLAT OF LOT 2, BLOCK 4, OF THE REPLAT OF AIRPORT ADDITION INCLUDING PART OF THE NW ¼ NW ¼, SECTION 6, TOWNSHIP 151 NORTH, RANGE 50 WEST, TO THE CITY OF GRAND FORKS, ND.

Brooks reviewed the rezoning request for the property discussed previously. The request is to rezone from I-1 to B-3. Changing the zoning matches the proposed use of an office building. The location is part of the Corridor Overlay District and the developers are abiding by the rules of the Corridor Overlay District as directed by the commission several months ago. Staff’s recommendation is for approval of the zoning change.

MOTION BY GALLOWAY AND SECOND BY ST. ONGE TO APPROVE THE REZONING REQUEST FROM I-1 USES TO B-3 USES. MOTION CARRIED UNANIMOUSLY.

4-2. MATTER OF THE REQUEST FROM THE PLANNING DEPARTMENT, ON BEHALF OF THE CITY OF GRAND FORKS FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO AMEND THE TEXT OF THE LAND DEVELOPMENT CODE CHAPTER XVIII OF THE GRAND FORKS CITY CODE OF 1987, AS AMENDED, AMENDING SECTION 18-0301 RELATING TO DEVELOPMENT NOTIFICATION SIGNS.

Achman reviewed the proposed ordinance. She stated staff was directed to look into development notification signs for the city. The signs would be posted on vacant property notifying the public of the potential plans for the property. After reviewing what other cities do, staff decided on an ordinance in the sign code. The ordinance states the sign must be a minimum of 50 square feet and will state the land use, property description, map or picture of the proposed use, developer’s name, planning department contact information and the public hearing date, time and location. The developers will be responsible for erecting the sign and information. Examples of signs were shown. Achman stated the signs must be noticeable by the public. Also included in the ordinance is maintenance and condition of the signs by the developer.

Galloway said a 4x8 is a standard sign and he felt that size would suffice as a notification sign.

When asked how long the sign would be in place, Achman said the sign would be posted within seven days when an application is submitted to the planning department and would remain up until development is completed.

Christensen said he was happy to see the ordinance for the city. He felt the ordinance should reflect all stages of the development notification. Many other cities require the signs and it lets the public know what is planned for an area.

Adams noted that there have been signs up around Columbia Mall for 30 years. Some of that land has still not been developed. There has to be maintenance on the signs if they are required to be in place. If the city makes it too tough for developers on requiring the signs, development may not happen. Development does not happen quickly in Grand Forks like it does in big cities.

Christensen said the cost of maintaining a 6’ x 8’ sign would not be very expensive. Adams said the signs cost over $1,000. Christensen said if the rule becomes a problem, then it would be addressed. There have been complaints from the public because they say they didn’t know about the development. Any rezonings should also have a sign. He felt the development notification signs should have been required a long time ago.

MOTION BY CHRISTENSEN AND SECOND BY HUTCHISON TO GRAND PRELIMINARY APPROVAL OF THE CHANGE IN TEXT IN THE LAND DEVELOPMENT CODE REGARDING DEVELOPMENT NOTIFICATION SIGNS.

Discussion continued on the placement of the sign, moving the sign during development and what the sign should convey to the public.

Gengler suggested the sign subcommittee be convened to have a more focused discussion on ideas presented. Christensen said that was a good idea and also suggested that some realtors and property owners be included in the discussion. Lee directed staff to follow through with convening the sign subcommittee and other interested parties to discuss the development notification signs.

MOTION CARRIED UNANIMOUSLY.

5. REPORTS FROM THE PLANNING DEPARTMENT:

6. OTHER BUSINESS:

6-1. MATTER OF REPORT FROM NOMINATING COMMITTEE FOR ELECTION OF OFFICERS FOR 2011-2012.

Galloway reported it was suggested that Lee continue as President and Sande continue as secretary. Nominations were opened for vice president. After several nominations were turned down, it was decided to wait until January to finalize election of officers.

6-2. MATTER OF APPOINTMENT OF PLANNING AND ZONING COMMISSION MEMBER TO THE GRAND FORKS-EAST GRAND FORKS METROPOLITAN PLANNING ORGANIZATION (GF-EGF MPO).

Adams was asked if he would be willing to continue as the representative from the planning commission to the GF-EGF MPO. He agreed to continue and was reappointed for two years (2011-2012).

6-3. MATTER OF 2011 MEETING DATES.

Gengler spoke on the meeting date calendar for 2011 that was included in commissioner’s packets for scheduling purposes.

6-4. MATTER OF THE APPOINTMENT OF ONE COMMISSIONER TO SERVE ON THE SOUTH WASHINGTON STREET CORRIDOR STUDY, ONE MEMBER TO SERVE ON THE 47TH AVENUE SOUTH CORRIDOR STUDY AND ONE MEMBER FOR THE WASHINGTON STREET UNDERPASS (WASHINGTON STREET AND DEMERS TO HAMERLING STREET).

Gengler explained that Earl Haugen from the GF-EGF MPO had requested a commission member to be a part of three separate studies.

Jelinek volunteered for the South Washington Street Corridor Study.

Bollman volunteered for the 47th Avenue South Corridor Study.

Malm volunteered for the Washington Street Underpass Study.

7. ADJOURNMENT.

MOTION BY MALM AND SECOND BY JOHN DREES TO ADJOURN THE MEETING AT 6:25 P.M. MOTION CARRIED UNANIMOUSLY.

____________________________
Dana Sande, Secretary


____________________________
Paula H. Lee, President