Committee Minutes


PLANNING AND ZONING COMMISSION
MEETING MINUTES
City of Grand Forks, North Dakota
September 2, 2009

1. MEMBERS PRESENT

The meeting was called to order by Paula Lee at 5:30 p.m. with the following members present: Doug Christensen, Jim Galloway, Al Grasser, (Dr.) Lyle Hall, Bill Hutchison, Gary Malm, Frank Matejcek and Dana Sande. Absent: Mayor (Dr.) Michael Brown, Steve Adams, John Drees, Robert Drees, Tom Hagness and Curt Kreun. 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). Absent: None.

2. READING AND APPROVAL OF MINUTES FOR AUGUST 5, 2009.

Lee asked if there were any corrections or changes to the August 5, 2009 planning and zoning minutes.

MOTION BY CHRISTENSEN AND SECOND BY DR. HALL TO APPROVE THE MINUTES AS PRESENTED. MOTION CARRIED UNANIMOUSLY.

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

3-1. (PUBLIC HEARING) MATTER OF THE REQUEST FROM THE PLANNING DEPARTMENT, ON BEHALF OF THE CITY OF GRAND FORKS ND, FOR FINAL APPROVAL OF AN ORDINANCE RELATING TO THE COMPREHENSIVE PLAN, AMENDING CHAPTER XVIII, ARTICLE 8, COMPREHENSIVE PLAN; SECTION 18-0802, ELEMENTS; GRAND FORKS CITY CODE OF 1987, AS AMENDED, PERTAINING TO THE YEAR 2035 LAND USE PLAN (MAP AMENDMENT NO. 3 - CHANGE OF OFFICE PARK DESIGNATION).

Gengler reviewed the ordinance that would change the designation of office park in the Year 2035 land use plan to industrial and/or commercial zoning. The office park designation does not achieve the goals of the city regarding the expansion of the industrial park.

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

MOVED BY MALM AND SECOND BY DR. HALL TO APPROVE THE ORDINANCE AS PRESENTED. MOTION CARRIED UNANIMOUSLY.

3-2. (PUBLIC HEARING) MATTER OF THE REQUEST FROM JOHN MISKAVIGE, ON BEHALF OF EVI COLUMBUS, LLC, FOR FINAL APPROVAL (FAST TRACK) OF THE REPLAT OF LOTS 7 AND 8, BLOCK A, OF THE REPLAT OF ALL OF BLOCKS 1,2,4,5,6 AND 7, COLUMBIA PARK 26TH ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED AT 2051 AND 2151 36TH AVENUE SOUTH.

Achman reviewed the request. The reason for the replat is to create two equal sized lots for development. A note on the plat would state that access control would be reduced from 300 feet to 230 feet from the center of South 20th Street.

There were no questions from commission members.

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

MOTION BY CHRISTENSEN AND SECOND BY GALLOWAY TO GRANT FINAL APPROVAL TO THE REPLAT REQUEST, SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Include length of curved line segment along the southeast corner of Lot B.
3. Add Level 5 access controls along 36th Avenue South and South 20th Street.
4. Include access control line in the legend.
5. Plat acceptance recognizes a variance to 18-0907(L)(b) of the land development code with regards to a reduction in Level 5 access control from 300 feet to 230 feet along 36th Avenue South west of South 20th Street.

Malm asked about the access points. Achman explained there would be one access per lot.

Christensen asked how many apartment units would be on the lots. He was told there would be 38 on each lot, with a total of 76 units.

Malm questioned a way to get around the south end of the second apartment. Achman said staff was still working with the developer on the site plan so all decisions have not been made.

MOTION CARRIED UNANIMOUSLY.

3-3. (PUBLIC HEARING) MATTER OF THE REQUEST FROM WIDSETH, SMITH, NOLTING AND ASSOCIATES, INC., ON BEHALF OF RED RIVER VALLEY HABITAT FOR HUMANITY, FOR FINAL APPROVAL (FAST TRACK) OF THE REPLAT OF LOTS 5, 6 AND 7, BLOCK 12, SWANGLER’S SUBDIVISION, LOCATED AT NORTH 24TH STREET AND 7TH AVENUE NORTH.

Brooks reviewed the request stating the area was city owned lots purchased after the flood of 1997. The area sets relatively low. Previously there were duplex and multi-family type units in the area. Urban Development set up neighborhood meetings in the spring and neighbors voiced concerned about apartments being developed in what they considered was a fairly congested area. Habitat for Humanity approached the city about purchasing the lots and the neighborhood was in favor of the proposal for two single-family lots and one twin home lot. Brooks noted the rezoning request follows the replat request.

Lee asked if the lots would be built up to eliminate the low-lying area. Brooks replied due to the natural drainage, the lots would be built up. The city is now out of the flood plain based on the flood protection system. Habitat for Humanity is aware of the drainage issues that exist - mainly along the backside of the lots. The location of the future garages has been reviewed to accommodate the natural drainage.

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 CHRISTENSEN TO GRANT FINAL APPROVAL OF THE REPLAT REQUEST, SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Change basis of bearing note to reference North Dakota State Plain Coordinate System.

MOTION CARRIED UNANIMOUSLY.

4. COMMUNICATIONS AND PRELIMINARY APPROVALS:

4-1. MATTER OF THE REQUEST FROM WIDSETH, SMITH, NOLTING AND ASSOCIATES, INC., ON BEHALF OF RED RIVER VALLEY HABITAT FOR HUMANITY, FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO EXCLUDE FROM THE R-1 (SINGLE FAMILY) DISTRICT AND THE R-4 (MULTI-FAMILY RESIDENCE, HIGH DENSITY) DISTRICT AND TO INCLUDE WITHIN THE R-2 (ONE- AND TWO-FAMILY RESIDENCE) DISTRICT ALL OF THE REPLAT OF LOTS 5, 6 AND 7, BLOCK 12, SWANGLER’S SUBDIVISION TO THE CITY OF GRAND FORKS, ND, LOCATED AT NORTH 24TH STREET AND 7TH AVENUE NORTH.

Brooks reviewed the zoning request, stating the zoning would be reduced from R-4 to R-2 to accommodate the proposed single-family homes (two) and one twin home. There is an R-4 area to the south and the remainder of the area is surrounded by R-1 (single-family homes) so the zoning change makes a nice transition for the area.

Malm asked if this was the neighborhood that was discussed in depth several years ago. Brooks said it was and that was the reason for the surrounding area to be R-1 rather than R-2. The southerly portion of the R-2 area was R-4 so the action downzones some of the area. The homes would be owner occupied.

MOTION BY HUTCHISON AND SECOND BY CHRISTENSEN TO GRANT PRELIMINARY APPROVAL OF THE REZONING REQUEST. MOTION CARRIED UNANIMOUSLY.

4-2. MATTER OF THE REQUEST FROM GRAND FORKS WEST PROPERTIES FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO REZONE AND EXCLUDE FROM THE VILLAGE PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 5 AND TO INCLUDE WITHIN THE VILLAGE PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 6, LOT G, REPLAT OF LOTS 17 AND 20, BLOCK B OF THE REPLAT OF BLOCK 2, VILLAGE RESUBDIVISION NO. 2, GRAND FORKS, ND, LOCATED AT 4324 UNIVERSITY AVENUE.

Durrenberger reviewed the request. The request is to change the zoning to allow both B-3 and R-4 uses in order to construct townhome apartments. There would be no basements and townhomes would be built on existing slabs. The rezoning is consistent with past rezonings in the area.

Questions were asked on the access and Durrenberger stated the access is located off University through the owner’s property (Innes Office building parking lot).

MOTION BY CHRISTENSEN AND SECOND BY SANDE TO GRANT PRELIMINARY APPROVAL OF THE REZONING REQUEST. MOTION CARRIED UNANIMOUSLY.

5. REPORTS FROM THE PLANNING DEPARTMENT:


6. OTHER BUSINESS:

6-1. MATTER OF THE PRESENTATION FROM THE CITY ENGINEER REGARDING THE UPDATE ON STORMWATER PERMIT REGULATIONS.

Gengler announced a team would be assembled to discuss, not only the new stormwater regulations, but also how they fit into park dedications. Along with staff, Hutchison and Adams will be members from the planning commission.

Grasser gave a presentation on the new rules and regulations of the stormwater permit regulations. A copy of the presentation is available in the planning department.

7. ADJOURNMENT:

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


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Lyle A. Hall, Secretary


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Paula H. Lee, President