Committee Minutes
PLANNING AND ZONING COMMISSION
MEETING MINUTES
City of Grand Forks, North Dakota
July 6, 2006
1. MEMBERS PRESENT
The meeting was called to order by President Paula Lee at 5:00 p.m. with the following members present: Steve Adams, John Drees, Al Grasser, Bill Hutchison, Curt Kreun, Dr. Rob Kweit, Frank Matejcek and Marijo Whitcomb. Absent: Mayor (Dr.) Michael Brown, Tom Hagness, Dr. Lyle Hall, John Jeno and Gary Malm. A quorum was present.
Staff present included Brad Gengler, City Planning Director; Charles Durrenberger, Senior Planner; Ryan Brooks, Senior Planner; and Carolyn Schalk, Administrative Specialist, Senior (Planning and Zoning Department); Bev Collings, Building and Zoning Administrator (Inspections Office).
2. READING AND APPROVAL OF MINUTES FOR JUNE 7, 2006.
Lee asked if there were any additions or corrections to the minutes of June 7,
2006. There were no corrections or additions noted and Lee declared the minutes
approved as presented.
3. PUBLIC HEARINGS, FINAL APPROVALS, PETITIONS AND MINOR CHANGES:
3-1. (PUBLIC HEARING) MATTER OF THE REQUEST FROM MIKE YAVARROW, ON BEHALF OF THE CITY OF GRAND FORKS, NORTH DAKOTA, ARDELL L. AND INA JANE KORYNTA, TIM CRARY, PRESIDENT OF CRARY DEVELOPMENT INC., AND GRAND FORKS COUNTY WATER RESOURCE DISTRICT, FOR FINAL APPROVAL OF THE
REPLAT OF LOT 4, BLOCK 2; LOT 1, BLOCK 3; BLOCK 4; LOTS 1 AND 2, BLOCK 5; LOTS 1 AND 2, BLOCK 6; LOT 1, BLOCK 9; AND LOTS 1 AND 2, BLOCK 10, CAMPBELL ADDITION
TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED NORTH OF U.S.HIGHWAY NUMBER 2 AND WEST OF NORTH 55TH STREET.
Lee announced there was a request to table the replat.
MOTION BY DR. KWEIT AND SECOND BY WHITCOMB TO TABLE THE REQUEST. MOTION CARRIED UNANIMOUSLY.
3-2.
(PUBLIC HEARING)
MATTER OF THE REQUEST FROM TIM CRARY, ON BEHALF OF CRARY DEVELOPMENT, INC., FOR FINAL APPROVAL OF THE
PLAT OF SOUTHBROOK THIRD RESUBDIVISION
, BEING A REPLAT OF LOT 18, BLOCK 1, SOUTHBROOK SECOND RESUBDIVISION OF THE REPLAT OF LOT 1, BLOCK 1, SOUTHBROOK FIRST ADDITION, TO THE CITY OF GRAND FORKS, ND, LOCATED IN THE 1400 BLOCK OF 48TH AVENUE SOUTH.
Durrenberger reviewed the plat request stating the plan had changed since it was submitted for preliminary approval at the June meeting. One townhouse complex has been reduced from six to four units since sprinkling between two of the units was required and owners considered that to be economically unfeasible. Also, the fire department wanted better access to the northern units. The owners decided to eliminate two of the units and extend the private access road. Durrenberger also noted that part of the lot is being left undeveloped until after final determination is made on the amount of property needed for the commercial property to the east of the townhouse development. Staff recommendation was for final approval subject to the technical changes listed.
Lee opened the public hearing. There was no one to speak on the issue and the public hearing was closed.
MOTION BY MATEJCEK AND SECOND BY KREUN TO APPROVE THE PLAT REQUEST SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Correctly spell “zoning” in the owner’s certificate.
3. Change dates to “2006” in P&Z and city council approvals.
There was a discussion on the remaining 1.2 acres. Matejcek said he was concerned the owner might decide to change the zoning or land use at some later date after there are people living in the area. Durrenberger said the idea was to leave that portion of the property undeveloped to allow for some flexibility until it was determined exactly what type of commercial would front onto Washington Street and 47th Avenue South.
MOTION CARRIED UNANIMOUSLY.
3-3. (PUBLIC HEARING) MATTER OF THE REQUEST FROM TIM BROWN, ON BEHALF OF BROWN CORPORATION AND DAKOTA AG PARK II, FOR FINAL APPROVAL OF THE
REPLAT OF LOT E, BLOCK 1, BROWN CORPORATION ADDITION
TO THE CITY OF GRAND FORKS, ND, LOCATED IN THE AG PARK OFF MERRIFIELD ROAD.
Durrenberger reviewed the replat request of a large lot that will be used for business expansion. He indicated the cul-de-sac on the plan was a temporary easement for a turnaround area. Once the road is extended, the temporary easement would be vacated. Staff recommendation was for final approval subject to the technical changes.
Lee opened the public hearing. There was no one to speak on the issue and the public hearing was closed.
MOTION BY HUTCHISON AND SECOND BY DR. KWEIT TO APPROVE THE REPLAT REQUEST SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Name street.
3. Plat cul-de-sac as right-of-way or supply city of Grand Forks with a street master plan for Lot G.
4. Add reference to study and date for areas delineated as “future Merrifield/I-29 Interchange.”
5. Add document number for vacated right-of-way.
MOTION CARRIED UNANIMOUSLY.
3-4. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF SOUTHERN ESTATES, LLP, FOR FINAL APPROVAL (FAST TRACK) OF THE
REPLAT OF LOTS 6, 7 AND 8, BLOCK 1, SOUTHERN ESTATES 4TH ADDITION
TO THE CITY OF GRAND FORKS, NORTH DAKOTA, AND LOCATED AT 2293, 2301 AND 2331 43RD AVENUE SOUTH.
Durrenberger reviewed the replat request that would relocate lot lines in a single-family residential subdivision to change the lot sizes. Lot C would be made larger and Lots A and B would be smaller. Staff recommendation was for final approval of the request subject to the technical changes.
Lee opened the public hearing. There was no one to speak on the issue and the public hearing was closed.
MOTION BY KREUN AND SECOND BY WHITCOMB TO APPROVE THE REPLAT SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
MOTION CARRIED UNANIMOUSLY.
3-5. MATTER OF THE PETITION FROM THE CITY OF GRAND FORKS, ND FOR APPROVAL TO
VACATE STREETS AND ALLEY LYING ADJACENT TO BLOCKS 1, 4 AND 5 IN HUBERT’S ADDITION
TO THE CITY OF GRAND FORKS, ND BEING PARTS OF SOUTH 3RD STREET, SOUTH 4TH STREET, WOODLAND AVENUE AND ELM AVENUE NEAR CENTRAL PARK.
Durrenberger reviewed the vacation request stating it was related to the flood protection project. The city acquired residential properties for flood control and now the platted streets and alley is no longer needed. The city is retaining enough property for right-of-way to provide access for city vehicles when maintenance is needed. Staff recommendation was for approval of the vacation request.
MOTION BY DR. KWEIT AND SECOND BY KREUN TO APPROVE THE VACATION REQUEST. MOTION CARRIED UNANIMOUSLY.
3-6. (PUBLIC HEARING) MATTER OF THE REQUEST FROM PRIBULA ENGINEERING, ON BEHALF OF VIOLET THEIS, FOR FINAL APPROVAL (FAST TRACK) OF THE
REPLAT OF LOT 10, BLOCK B, WEST FORKS TOO RESUBDIVISION
TO THE CITY OF GRAND FORKS, ND AND LOCATED AT 17TH AVENUE NORTH AND NORTH 52ND STREET.
Brooks reviewed the replat request. The property is located on the north side of Gateway Drive on the western edge of town. He indicated on the plan the location of the current city limit line. The property (Lot A) is being sold to an adjacent property owner. Brooks said the simple replat would also require a variance since fast track items do not allow for easements and an easement is requested on the property. Annexation of the property is required and would be presented as the next item on the agenda. Staff recommendation was for final approval of the replat subject to the technical changes listed.
Lee opened the public hearing. There was no one to speak on the issue and the public hearing was closed.
MOTION BY KREUN AND SECOND BY HUTCHISON TO APPROVE THE REPLAT REQUEST AND VARIANCE AND ALSO SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Show monument found or set at all corners.
3. Include 10-foot utility easements along the perimeters of Lots A & B.
4. Add square footages for Lots A & B.
5. Show correct distance for the north line of Lot B.
6. Include correct distance for the south plat boundary line.
7. Add access control along North 55th Street as it will be a future arterial.
8. Correct distance along west plat boundary line.
9. Replatting of this property requires annexation of new lands.
10. Add easements along North 55th Street as follows - a 5-foot utility and bikeway/pedestrian easement (adjacent to right-of-way line) and a 10-foot utility easement beyond that.
MOTION CARRIED UNANIMOUSLY.
3-7. MATTER OF THE
RESOLUTION TO ANNEX
THE SOUTHERLY 247.0 FEET OF THE EASTERLY 410.0 FEET OF LANDS PLATTED AS
LOT 10, BLOCK B, WEST FORKS TOO RESUBDIVISION
, BEING A REPLAT OF BLOCKS 1 AND 9, KORYNTA-LEMM SUBDIVISION, GRAND FORKS COUNTY, NORTH DAKOTA.
Brooks reviewed the annexation of Lot A of the West Forks Too Resubdivision. When the packets were mailed out, the owner was unavailable to sign the request for annexation and an annexation resolution was included in the packet. After the packets were mailed, the owner did sign the request for annexation of the property being sold. Therefore, the property will be annexed by an ordinance instead of a resolution. Brooks stated the annexation point system indicated the property rated 19 of a total 23 points.
MOTION BY DR. KWEIT AND SECOND BY KREUN TO APPROVE THE ANNEXATION REQUEST BY ORDINANCE. MOTION CARRIED UNANIMOUSLY.
3-8. (PUBLIC HEARING) MATTER OF THE REQUEST FROM THE CITY OF GRAND FORKS, TOM AND MARY SAND, AND PAULA DAVIS, FOR FINAL APPROVAL (FAST TRACK) OF THE
PLAT OF HUGHES SECOND RESUBDIVISION
TO THE CITY OF GRAND FORKS, ND, LOCATED AT 3605 AND 3611 BELMONT ROAD.
Brooks reviewed the plat request by stating it was part of the city’s flood protection project. In addition, an exchange of property would occur between the owners of Lot 1 and Lot 3. This allows the property in Lot 1 to be in conformance on setbacks. Staff recommendation was for final approval subject to the technical changes listed.
Lee opened the public hearing. There was no one to speak on the issue and the public hearing was closed.
MOTION BY DR. KWEIT AND SECOND BY GRASSER TO APPROVE THE PLAT SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Label Belmont Road and dimension.
3. Lighten line along Red River.
MOTION CARRIED UNANIMOUSLY.
3-9. (PUBLIC HEARING) MATTER OF THE REQUEST FROM DALE MELLUM, ON BEHALF OF CRARY DEVELOPMENT, INC., FOR APPROVAL OF A
CONDITIONAL USE PERMIT (CUP) FOR A REST HOME (MEMORY CARE UNIT),
LOCATED ON LOT 8, BLOCK 3, HOMESTEAD GROVE SECOND ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED IN THE 4600 BLOCK OF SOUTH 11TH STREET.
Brooks reviewed the conditional use permit (CUP) for a potential memory care unit. The city code currently does not specifically list a memory care unit in the R-4 land use. However, it was determined by staff to be the same category as a rest home. The building will be a single story 28-unit facility. To the south, a 96-unit (five story) retirement home facility is planned. Brooks indicated the area to the east that is planned for a single-family development was approved previously. The existing single-family area located further east received written notice of the plans for the memory care unit and retirement facility. The three conditions are: (1) Approval of any applicable federal, state and local requirements placed on the facility; (2) Approval of a site plan which must be in conformance with the utility plan in the area; (3) The CUP must be reviewed if the use on the property changes. Brooks said the developer is trying to determine if the use is acceptable before more money is invested. Staff feels the use is appropriate for the area and provides proper buffering between the future single-family homes and the commercial property fronting onto South Washington Street.
Grasser stated the storm sewer for the area is through a pipe to the drainway and that does not yet exist. He wanted it known upfront that the storm sewer would be an issue in the area. Grasser wondered about the aesthetics of a five-story building in the area of single-family and multi-family uses.
Brooks stated the main issue is the use but the owners will be required to meet the site plan requirements for the R-4 District.
Matejcek asked about the buffering between the memory care unit and the proposed single-family area. Brooks answered that a bufferyard “C” would be the basic requirement and that can be increased if the commission feels it is necessary.
Lee asked about storm water management if the property is developed prior to the storm sewer pipe being installed. Grasser said the storm sewer should match the master plan, which indicates that water would run down the cul-de-sac through a side yard and across 47th Avenue South to the drainway. He noted the site plan would not be signed off by the engineering department until the storm sewer issue was addressed. There might be short-term fixes for the area and the entire storm water system does not necessarily have to be in before the engineering department approves it but the issue must be addressed. His preference is to have the area built along with the entire pipe system but understands that becomes an expense issue.
Hutchison asked if the CUP were not an issue, could the apartment building still be built now? Brooks answered yes, but they would still have to be in conformance with the utility plan.
A discussion followed on the use of the property. Brooks stated the CUP would only be in effect for the rest home facility. If that use changed, it would have to be reviewed by the commission.
John Drees reported to the meeting at 5:30 p.m.
Lee opened the public hearing. There was no one to speak on the issue and the public hearing was closed.
MOTION BY KREUN AND SECOND BY HUTCHISON TO APPROVE THE CONDITION USE PERMIT (CUP) FOR A REST HOME/MEMORY CARE UNIT. MOTION CARRIED UNANIMOUSLY.
4. COMMUNICATIONS AND PRELIMINARY APPROVALS:
4-1. MATTER OF THE REQUEST FROM THE PLANNING DEPARTMENT, ON BEHALF OF THE CITY OF GRAND FORKS, ND, 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 ARTICLE 2, ZONING;
SECTION 18-0208 R-1 (SINGLE-FAMILY RESIDENCE) DISTRICT AND SECTION 18-0209 R-2 (ONE AND TWO FAMIY RESIDENCE) DISTRICT.
Gengler reviewed the ordinance by stating it is part of the rezoning efforts in the UND neighborhood area. The ordinance, drafted by the city attorney, equalizes the setbacks in the R-1 and R-2 Districts and addresses some of the non-conforming issues that resulted as part of the rezoning. The ordinance would reduce the minimum lot size in the R-1 District, reduces the minimum lot width in the R-1 District, changes the minimum side yard setback for R-1 uses and reduces the minimum lot size for two-family dwellings in the R-2 District.
MOTION BY WHITCOMB AND SECOND BY HUTCHISON TO APPROVE THE ORDINANCE CHANGING THE TEXT OF THE CITY CODE. MOTION CARRIED UNANIMOUSLY.
4-2. MATTER OF THE REQUEST FROM DAKOTA COMMERCIAL, ON BEHALF OF DREW LENTHE ENTERPRISES, INC., FOR PRELIMINARY 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-3 (MULTIPLE-FAMILY RESIDENCE, MEDIUM DENSITY)
DISTRICT, LOTS M AND N, OF THE REPLAT OF LOTS C THROUGH I AND LOTS K AND L, BLOCK 1, OF THE REPLAT OF LOT 1, BLOCK 1,
OJ’S ADDITION
TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED IN THE 3600 AND 3700 BLOCK OF 13TH AVENUE NORTH.
Gengler reviewed the area to be rezoned by stating it has been a contentious area in the past. The property to the west (R-4) was designated with a cap of 16 units and the property (R-4) immediately west of the subject property was designated with a cap of 12 units. Dakota Commercial submitted a proposal to rezone the subject property from B-3 to residential. A site plan has been submitted by Dakota Commercial showing the tentative plans for the area. Gengler recommended the property be rezoned to R-3. That would place a cap of 16 units per acre versus the R-4 zoning that allows 50 units per acre. He felt the density of the R-4 area would be excessive for the neighborhood. There has been discussions about the property for years and the time has come to develop it. Gengler said he felt that people living in the neighborhood would prefer residential to commercial development. The surrounding property owners would be notified of the rezoning request prior to next month’s meeting.
Gengler also discussed the access control and indicated the location of the existing access. The replat to be submitted next month would show a second access for the property.
Lee asked if the petitioner requested R-4 zoning. Gengler replied the petitioner requested R-3 zoning. The R-4 zoning would increase the impervious surface up to 55%. The site plan submitted by Dakota Commercial showed 15 units per acre. With their plan showing the density of 15 units per acre, the appropriate zoning is for the R-3 District.
MOTION BY DR. KWEIT AND SECOND BY KREUN TO APPROVE THE REZONING TO AN R-3 DISTRICT. MOTION CARRIED UNANIMOUSLY
5. REPORTS FROM THE PLANNING DEPARTMENT:
5-1. MATTER OF PLANNING DEPARTMENT
BUDGET
FOR 2007.
Gengler explained the city is having preliminary talks on the 2007 budget and a few line items for the planning department were lowered in order to meet the request for less mills. He had requested a new position for an entry-level planner in the 2007 budget, but that has been delayed until the 2008 budget. An intern position for the planning department is still shown in the 2007 budget at $15,000.
This was offered for information.
Gengler said the planning department has been directed by the Service and Safety Standby Committee to review the annexation policies and the un-annexed islands that presently exist within the city limits. Staff will be compiling an extensive list of annexation priorities to be presented to the standby committee within the next two weeks. The result of the standby committee’s review and direction will be presented to the commission. This was offered for information.
6. OTHER BUSINESS:
7. ADJOURNMENT.
MOTION BY DR. KWEIT AND SECOND BY WHITCOMB TO ADJOURN THE MEETING AT 5:45 P.M. MOTION CARRIED UNANIMOUSLY.
___________________________
Lyle A. Hall, Secretary
___________________________
Paula H. Lee, President