Committee Minutes


PLANNING AND ZONING COMMISSION
MEETING MINUTES
City of Grand Forks, North Dakota
February 3, 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, Doug Christensen, Robert Drees, Jim Galloway, Al Grasser, Tom Hagness (by speakerphone), (Dr.) Lyle Hall, Bill Hutchison, Curt Kreun, Gary Malm, Frank Matejcek and Dana Sande. Absent: Mayor (Dr.) Michael Brown and John Drees. A quorum was present.

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

2. READING AND APPROVAL OF MINUTES FOR JANUARY 6, 2010.

Lee asked if there were any corrections or changes to the January 6, 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. MATTER OF THE REQUEST FROM DAVID LEONARDI FOR DETERMINATION OF FITTING AND COMPATIBLE LAND USE TO OPERATE AN AUCTION HOUSE IN THE I-1 (LIGHT INDUSTRIAL) DISTRICT.

Brooks reviewed the request. The property is located on the corner of 8th Avenue North and North Washington Street east of the railroad tracks. It is zoned I-1 (light industrial) District. An auction house is not listed as a permitted use in the I-1 District, but auction rooms are allowed in the B-3 (general business) District. However in the I-1 District, the code does allow for change under “fitting and compatible” land use.

Brooks read the statement of intent for fitting and compatible use as follows: The I-1 District is intended to encourage industrial development that is compatible with surrounding or abutting land uses. To accomplish this compatibility, development in the I-1 District:
(A) Is limited to administrative, wholesaling and related uses that can be carried on in an unobtrusive manner.
(B) Must provide open spaces, landscaping and parking areas.
(C) Must establish a high standard of appearance and controls for external effects such as noise, smoke and congestion.

Brooks showed photos of the property area as well as a triangle area next to the subject property but separated by a roadway that the petitioner plans to use for parking. That area will only allow 14 parking spaces. There will be more traffic than typically seen in an I-1 District, generally occurring once a month. If these properties were rezoned to B-3, it would be considered “spot zoning.” That is the reason for presenting the item to the planning commission to consider adding the land use to the I-1 District as a fitting and compatible use. Other concerns regarding the site are that it is non-conforming on paving, landscaping, etc. The fitting and compatible use finding should also consider paving, landscaping, screening and open spaces. There should be outdoor storage for vehicles only to be auctioned. All other merchandise will be completely screened or inside the building. Screening is important, not only for the merchandise, but also for the residential area nearby. The subject property is visible from North Washington and landscaping would be an asset. Brooks showed pictures of the residential property adjacent to the subject property.

Hagness, by speakerphone, asked if the property was a car lot at one time. Brooks said trailer sales were a permitted use and that was a business on the property at one time. When asked about whether or not the building met the building codes, Brooks said the petitioner said he would do roof work as well as siding. The issues related to the building condition and bringing it up to code would have to be addressed through the building inspections office.

Robert Drees said he remembered the building being a potato warehouse. If the property is not completely screened from North Washington Street as well as the adjacent property owners, he would not agree that it was a fitting and compatible use.

Collings stated the building inspections office condemned the warehouse portion of the building approximately 10 years ago and they looked at the subject building at the same time. She was unaware of any substandard finding on the building at this time but stated that it would have to meet current building codes. The building was being used as a cold storage building and the standards are different for that type of building.

David Leonardi, P O Box 13911, Grand Forks, ND, stated Gary Riggle is his partner in the venture. Since Mr. Riggle is a licensed contractor in the city (18 years), they would do the renovation work themselves. They plan to gut the inside, making one open room for the auction business. In the back part would be the construction business. Mr. Leonardi offered a letter from Tony Palmiscno, owner of the house close to the subject building. Mr. Palmiscno’s letter indicated he had no problems with the proposed business, zoning or parking. Mr. Leonardi said they had only one issue with the demands of the city for the property and that was the paving. They received a bid of $30,000 to black top the parking area and they cannot afford it. They want a presence that people will want to go to for high quality auction. He does not want the area to look bad and he and his partner will fix up and clean up the area to make it look better. The entrance area leading to the parking area is gravel and owned by the city. He also talked to Bruce Opp, real estate person for BN Railroad, about the option of leasing some of the railroad land for additional parking. In return, Mr. Leonardi and his partner will keep up that portion of the BN railroad property. The only agreement was that they keep 15 feet away from the railroad tracks.

To the north of their property, they have talked to Jack Peterson of Peterson Paint about buying or leasing property from him for parking. They would be responsible for keeping the property up there also. Mr. Leonardi showed a letter from Mr. Peterson indicating his desire to work with them. He and his partner are willing to do all that is required except for the black top requirement. That is not financially feasible for them now.

Dr. Hall asked about the number of people who show up for auctions and was told it would be on average 40 to 80 people. They do not all show up at one time; it is on a rotational basis.

Hagness said he agrees with the screening and felt the area needed to be cleaned up. He was in favor of approving the fitting and compatible use.

Discussion ensued on the paved parking lot requirement. Brooks stated gravel parking lots are not allowed anymore. The city is trying to beautify the corridors and having paved parking lots is one way to do that. The city will agree to paving the portion it owns but it will be assessed back to the owner of the property. Parking requirements are based on the use of the business. The time to get the properties cleaned up and brought into conformance is when someone wants to utilize the property.

Mr. Leonardi said he could have trailer sales on the property and not be required to have paved parking. If they cannot have the auction house without the blacktop paving, they cannot afford it. They will clean everything up and make it look nice and they could blacktop it in the future, but not now. The building has been setting vacant for years and they want to clean up the area and make it look better.

Sande said he was more concerned on the building renovation and resultant looks than anything else. The site is very visible from North Washington Street. Brooks stated if this area were in the Corridor Overlay District (COD), it would probably not work based on the requirements of the district.

MOTION BY MALM AND SECOND BY GALLOWAY TO APPROVE OPTION 1 BY FINDING THE AUCTION HOUSE AS A FITTING AND COMPATIBLE USE IN THE I-1 DISTRICT. THE APPROVAL IS CONTINGENT ON SITE IMPROVEMENTS ON THE LOT (PAVED PARKING AREAS, SCREENING AND LANDSCAPING).

AMENDMENT TO THE MOTION BY HAGNESS AND SECOND BY MATEJCEK TO DELAY THE PAVING FOR THREE YEARS.

Sande asked who is in charge of making sure that paving is done in three years if it is approved to delay it.

Christensen asked how it would be enforced if he failed to pave the property in three years. He suggested a conditional use permit (CUP) and if the paving was not done, the permit could be pulled until the paving was completed. Brooks explained that a conditional use permit would not be allowed unless it was specifically listed in the code as a conditional use.

Mr. Leonardi requested that he be given five years to do the paving. He also wanted to know exactly what portion would be required to be paved.

Gengler said it is possible to place a contingency on a certificate of occupancy that states the time limit for paving.

Discussion continued.

Christensen called the question. There was a unanimous vote to call the question.

Lee called for a vote on the amendment. Lee said there were more members opposed to the amendment than in favor of it. The amendment did not pass.

Matejcek said the decision should be based on whether or not the use is fitting and compatible in the I-1 district and worry about other details later.

Brooks said the use should be on paved lots no matter where the use is in an I-1 district. There will be a higher amount of cars than would be seen in a normal I-1 use. Staff felt there should be conditions with the permitted use of an auction house in the I-1 district. There will be an ordinance change to allow the permitted use in an I-1 district. Regardless of the use, the requirements would apply.

Grasser stated he was concerned because there was no definition of an auction house and how it would relate to the number of parking stalls. His concern was making a blanket statement that an auction house is fitting and compatible in the I-1. Some auction houses sell mining equipment that has large footprints and there are others that sell only Barbie dolls. The amount of land for each would be different as far as parking. If it is a popular auction, people will be parking all over the neighborhoods. He also expressed concern about keeping people off the railroad right-of-way.

Malm and Galloway agreed to withdraw the original motion.

MOTION BY CHRISTENSEN AND SECOND BY GRASSER TO TABLE THE ISSUE FOR ONE MONTH SO STAFF CAN STUDY ALL THE ISSUES AND POSSIBLY CONSIDER A CONDITIONAL USE PERMIT. MOTION CARRIED UNANIMOUSLY.

Matejcek suggested Mr. Leonardi consider asking for a conditional use permit.

4. COMMUNICATIONS AND PRELIMINARY APPROVALS:

4-1. MATTER OF THE REQUEST FROM MICHAEL MARCOTTE, FOR PRELIMINARY APPROVAL OF THE PLAT OF SHADYRIDGE ESTATES NINTH ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED IN THE VICINITY OF ADAMS DRIVE AND SHADYRIDGE COURT.

Brooks reviewed the replat request stating the city limits are on both sides of the property so there is also a request to annex the property. The property was originally tied to the Adams farmstead where fill was brought up from the river. Brooks also stated the requirement of a 75-foot building setback should be added to the plat and the concept development plan.

MOTION BY CHRISTENSEN AND SECOND BY SANDE TO APPROVE THE REPLAT REQUEST SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY AS WELL AS THE ADDITION OF NUMBER NINE:
1. Submit title opinion.
2. Include vacated Desiree Drive right-of-way within the plat boundary as it has reverted back to private ownership.
3. Adjust square footage and acreage shown on plat to allow for vacated Desiree Drive.
4. Adjust distances of lines intersecting Desiree Drive.
5. Adjust length of lot frontage along Desiree Drive.
6. Show 100-year floodplain line as per existing LOMR-F’s and as per existing FIRM map.
7. Add a 10-foot utility easement along Desiree Drive.
8. Show Shadyridge as one word.
9. Requires a 75-foot building setback.

Grasser said there were several lots that had fill added to the lot. There may or may not be fill needed on the lot under discussion. There are locations in the Red River Valley with soil stability issues, called slip planes. That may not be an issue for the lot being discussed, but if more fill is brought in, there could be soil stability issues. He wanted a note added to the plat that the city makes no representation as to the soil stability of the lot.

Brooks said the note would be added for final approval.

MOTION CARRIED UNANIMOUSLY.

4-2. MATTER OF THE REQUEST FROM MICHAEL MARCOTTE, FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO EXCLUDE FROM THE SHADYRIDGE ESTATES PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 4 AND TO INCLUDE WITHIN THE SHADYRIDGE ESTATES PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 5, ALL OF SHADYRIDGE ESTATES FIRST, SECOND AND THIRD ADDITIONS, SHADYRIDGE ESTATES FOURTH AND FIFTH RESUBDIVISIONS, SHADY RIDGE ESTATES SIXTH, SEVENTH AND EIGHTH ADDITIONS, GREENWOOD SUBDIVISION, UNPLATTED PORTIONS OF SECTION 26, AND ALL THOSE LANDS TO BE PLATTED AS SHADYRIDGE ESTATES NINTH ADDITION, ALL LOCATED IN THE VICINITY OF ADAMS DRIVE AND SHADYRIDGE COURT.

Brooks reviewed the zoning request. There will be an addition to the concept plan that a 75-foot building setback is required. The change was discussed with the developer. Staff recommendation was for preliminary approval.

MOTION BY SANDE AND SECOND BY KREUN TO GIVE PRELIMINARY APPROVAL TO THE CONCEPT DEVELOPMENT PLAN, SUBJECT TO THE ADDITION OF THE 75-FOOT BUILDING SETBACK REQUIREMENT. MOTION CARRIED UNANIMOUSLY.

4-3. MATTER OF THE PETITION FROM MIKE MARCOTTE FOR AN ORDINANCE TO ANNEX SHADYRIDGE ESTATES NINTH ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED IN THE VICINITY OF ADAMS DRIVE AND SHADYRIDGE COURT.

Brooks spoke on the annexation request, stating it meets the annexation point system.

MOTION BY CHRISTENSEN AND SECOND BY MALM TO APPROVE THE ANNEXATION ORDINANCE FOR SHADYRIDGE ESTATES NINTH ADDITION. MOTION CARRIED UNANIMOUSLY.


4-4. MATTER OF THE REQUEST FROM BISHOP MICHAEL COLE, ON BEHALF OF THE GOSPEL OUTREACH CHURCH, FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO EXCLUDE FROM THE GOLDEN VALLEY PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO 3 AND TO INCLUDE WITHIN THE GOLDEN VALLEY PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 4, LOT 1, BLOCK 2, AURORA PLAZA ADDITION, ALL OF AMUNDSON’S SECOND RESUBDIVISION, NODAK RESUBDIVISION, GOLDEN VALLEY FIRST AND SECOND ADDITIONS, LOTS 3 AND 4, BLOCK 1, AURORA PLAZA ADDITION AND LOT B, BLOCK 1, OF THE REPLAT OF LOTS 1 AND 2, BLOCK 1, AURORA PLAZA RESUBDIVISION, LOCATED AT 2587 SOUTH 42ND STREET.

Gengler reviewed the rezoning request. The request is to rezone Lot B from agricultural use to B-3 (general business) use for the purposes of constructing a church (Gospel Outreach).

MOTION BY MALM AND SECOND BY KREUN TO APPROVE THE REZONING REQUEST.

Kreun asked about Lot C. Gengler said the owner has no plans for development and is not requesting rezoning of Lot C.

MOTION CARRIED UNANIMOUSLY.

4-5. MATTER OF THE REQUEST FROM BISHOP MICHAEL COLE, ON BEHALF OF THE GOSPEL OUTREACH CHURCH, FOR AN ORDINANCE TO ANNEX LOT B, BLOCK 1, OF THE REPLAT OF LOTS 1 AND 2, BLOCK 1, AURORA PLAZA RESUBDIVISION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED AT 2587 SOUTH 42ND STREET.

Gengler reviewed the annexation. Staff reviewed both lots B and C and decided a resolution of annexation would be in order. A resolution of annexation covers involuntary annexation of property. An ordinance of annexation is a voluntary annexation. After visiting with owners of lot C, Gengler said he was told they would oppose any annexation. A letter was received from them protesting the annexation.

In order to not slow down the progress of the church on construction plans, Gengler said the commission could separate the lots for annexation. That would allow the church property to be annexed by ordinance.

He asked members if they wanted to pursue annexation of lot C, even though the owners have protested the annexation by letter. If so, then the Governor’s office is contacted to have a mediator sent to Grand Forks for discussion of the annexation. He reminded members that the last one handled in this manner was the Kindness Animal Hospital and it took a year to settle the matter.

Staff felt lot C should also be annexed but annexing the two lots together would hold up the church’s progress. The area is prime for development and lot C might be developed in the coming year. It would be annexed at that time.

MOTION BY CHRISTENSEN AND SECOND BY HAGNESS TO APPROVE ONLY THE ANNEXATION OF LOT B BY ORDINANCE.

Kreun asked staff to resurrect the discussions of annexing various lots within the city since there are many “spots” not annexed in the city. People are receiving a huge benefit and not paying for the benefits.

Christensen stated the discussions would also have to include forced annexation of land around the Alerus. He agreed with Kreun that discussions should be started and a study should be made with a recommendation to the city council.

Gengler said the subject has been brought up the last few years with the land use committee and with the service-safety committee. Staff prepared a citywide analysis that included North 81, businesses in the industrial park and other areas in the city.

Hagness offered his congratulations to the Gospel Outreach Church for finally be able to construct their church.

MOTION CARRIED UNANIMOUSLY.

5. REPORTS FROM THE PLANNING DEPARTMENT:

5-1. MATTER OF THE DISCUSSION OF THE ANNEXATION OF CITY–OWNED PROPERTY IN RYE TOWNSHIP.

Gengler said when the new landfill was constructed, there was a discussion about the overall annexation of all existing city owned property (former landfill and lagoon area). It equates to around five sections of land. A meeting was held on Tuesday, February 2, that included representatives from Falconer Township, Rye Township, planning department staff, public works department staff and city councilman Kreun regarding the annexation of city-owned property. Next month staff will start the actual annexation process as well as long-term roadway maintenance agreements.

Kreun reported that the city’s intention is not to extend annexation beyond the existing city-owned properties. The city-owned properties would be added to the airport property.

6. OTHER BUSINESS:

6-1. MATTER OF SELECTION COMMITTEE FOR OFFICERS FOR 2010-2011. CURRENT OFFICERS: PAULA LEE, PRESIDENT; JOHN DREES, VICE PRESIDENT; DR. LYLE HALL, SECRETARY.

Gengler said the chair should call for a meeting with the executive officers or form a selection committee for officers for 2010-2011. There are members who have indicated they will not be on the commission following June elections.

Lee appointed Matejcek, Malm and Kreun to form a selection committee for officers for 2010-2011.

__________________________________________

Gengler reminded commission members about the APA Conference to be held in New Orleans, LA, April 11-13, 2010. Hagness has indicated a desire to attend and there is one slot available for another commission member. Roxanne Achman, Planner, will be attending as a staff member.


_____________________________________________

Gengler announced that the 2010 North Dakota Planning Association Conference would be held in Grand Forks in October, 2010. He encouraged members to attend the conference.


______________________________________________

Matejcek asked about the new flood map and when it would go into effect. Grasser answered they were in the appeal period. He asked that Matejcek send him an email and he would find out the dates for him.


7. ADJOURNMENT:

MOTION BY MATEJCEK AND SECOND BY MALM TO ADJOURN THE MEETING AT 6:54 P.M. MOTION CARRIED UNANIMOUSLY.



____________________________
Lyle A. Hall, Secretary



____________________________
Paula H. Lee, President