City of Grand Forks, North Dakota

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	PLANNING AND ZONING COMMISSION MEETING MINUTES City of Grand Forks, North Dakota September 1, 2010 1. MEMBERS PRESENT The meeting was called to order by Paula Lee at 6:00 p.m. with the following members present: Jim Bollman, Doug Christensen, Jim Galloway, Al Grasser, Tom Hagness, Bill Hutchison, Gary Malm, Frank Matejcek, and Dana Sande. Absent: Steve Adams, Mayor (Dr.) Michael Brown, John Drees, Robert Drees and Mike St. Onge. A quorum was present. Staff present: Brad Gengler, City Planner; Ryan Brooks, Senior Planner; and Carolyn Schalk, Senior Administrative Specialist (Planning and Zoning Department); Bev Collings, Building and Zoning Administrator (Building and Inspections Office). Absent: Charles Durrenberger, Senior Planner and Roxanne Achman, Planner (Planning and Zoning Department. Others absent: Mike Flermoen, Fire Department. Lee said she failed to welcome Jim Bollman at the August meeting and wanted to rectify that error by welcoming him to the planning and zoning commission as the park board representative. 2. READING AND APPROVAL OF MINUTES FOR AUGUST 4, 2010. Lee asked if there were any additions or corrections to the minutes of August 4, 2010. MOTION BY CHRISTENSEN AND SECOND BY SANDE TO ACCEPT THE AUGUST 4, 2010 MINUTES AS PRESENTED. MOTION CARRIED UNANIMOUSLY. 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 FOURTH ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED AT 40^TH AVENUE SOUTH AND SOUTH 16^TH STREET. Gengler said the planning department would entertain a motion to table Item 3-1 and 3-2. The developer is still in negotiations with a potential buyer. MOTION BY MALM AND SECOND BY SANDE TO TABLE THE PLAT OF HIGHLAND POINT FOURTH ADDITION. MOTION CARRIED UNANIMOUSLY. 3-2. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF CRARY DEVELOPMENT INC., FOR FINAL APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO EXCLUDE FROM THE HIGHLAND POINT PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN AND TO INCLUDE WITHIN THE HIGHLAND POINT PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 1, ALL OF HIGHLAND POINT FIRST, THIRD AND FOURTH ADDITIONS AND ALSO TO INCLUDE UNPLATTED LANDS LYING IN SECTION 21, TOWNSHIP 151 NORTH, RANGE 50 WEST OF THE 5^TH PRINCIPAL MERIDIAN, ALL LOCATED BETWEEN SOUTH WASHINGTON STREET AND SOUTH 20^TH STREET AND BETWEEN 36^TH AVENUE SOUTH AND 40^TH AVENUE SOUTH, GRAND FORKS, ND. MOTION BY MALM AND SECOND BY SANDE TO TABLE THE ZONING OF THE CONCEPT DEVELOPMENT PLAN FOR HIGHLAND POINT PLANNED UNIT DEVELOPMENT, AMENDMENT NO. 1. MOTION CARRIED UNANIMOUSLY. 3-3. (PUBLIC HEARING) MATTER OF THE REQUEST FROM AE2S, ON BEHALF OF THE GRAND FORKS PARK DISTRICT, FOR FINAL APPROVAL OF THE PLAT FOR HOMESTEAD GROVE FOURTH ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED EAST OF SOUTH 11^TH STREET BETWEEN 40^TH AVENUE SOUTH AND 47^TH AVENUE SOUTH. Gengler stated planning staff had been working with the park district and others on the wellness center site. He presented the plat for final approval of the property, stating that two changes had recently been made. He noted the areas for the driveways going into the site. Staff applied access easements to the driveways because there are no dedicated roadways going into the site. He also pointed out the linear storm pond system that has been added to the plat and staff continues to work with the developer on the design of the storm pond. The main lot (lot 2) that the majority of the wellness center sets on, has been modified by extending it to 47^th Avenue South, based on the linear storm pond system footprint. Grasser said originally his idea was that the drainage had to be connected to the southend drainway. With the addition of the linear pond that runs almost from 40^th to 47^th Avenue South, it appears that the connection to the southend drainway can be eliminated. The plan could attenuate the water enough that one connection onto South Washington Street could be made. This will save the developer money by eliminating a pipe that carries water to the southend drainway. The engineering staff has not received all the final information but they are still working with the development team on the issue. Christensen asked if the pond would be wet or dry. Grasser said it would be a wet pond. Originally there would have been a large trunk line paralleling South 11^th Street to the southend drainway. There was not enough capacity on South Washington Street or 47^th Avenue South to carry the water. With the larger pond in place, there is more peak runoff taken off the site. The pond is big enough that the peaks have been reduced enough that it will fit within the city’s storm sewer capacity and eliminate the need for the original dedicated pipe to the southend drainway. There was a deep large line placed along 47^th Avenue South to accommodate the potential of draining the subject property. The concept has always been to drain the site to the southend drainway. There is a 54” pipe buried 15 feet deep that crosses 47^th Avenue South and then it was capped until it was needed for future use. The new concept takes all the remainder of undeveloped property and eliminates the need to discharge any of the water to 47^th Avenue South. He stated this is all based on the current information he has from the development team so far. Christensen asked why the large pipe on 47^th Avenue South is not being utilized. Grasser said the larger pipe was put in when the roadway was put in and then capped. They did not want to dig up the roadway again to put in a larger pipe to accommodate water flow from the property. It was a good investment at the time because it matched the concept plan. If it were not for the park district that are willing to invest the amount of land for the linear pond, they would have had to connect to the 54” pipe on 47^th Avenue South. Christensen said his concern was that the community wellness center was slated to be there for many years to come. He wanted to preserve as much of the land as possible for future development for the next 20 or 30 years. Grasser stated the pond is bigger than normal because there is a vision to have the pond serve as a recreational amenity. They plan to put in bridges and box culverts to allow for skating and maybe some canoeing. Bollman said this was an idea that had never been tried in our town. There are no lakes or other water amenities around the town. This is a storm pond that can actually be used for other amenities as well as retaining the water on the site. This will be an asset. When asked what a wet pond is, Grasser replied that it would carry water in it all the time and be of a depth that the cattails can’t go through. It would be a minimum of three feet deep. A dry pond is similar to the one behind Walmart. It was intended to be a dry pond but in retrospect, given the depth of the pond and the water that flows in them, they don’t stay dry. They have just enough water in them to grow cattails and they can’t be maintained. They are not very attractive. The Corps of Engineers have built some wet ponds on the south end of town and the wet ponds are more of an amenity to the city than the dry ponds. There are some dry ponds on the south end of town around apartments that are much shallower, maybe only two to four feet deep. They are not deep enough to grab the ground water table. Those work fairly well. He said he always tried to look at a fail-safe method. If, in the future, the pond was made smaller or filled in, the 54” pipe will be there to tie whatever pond is in place and carry the water to the southend drainway. There are options to pursue if something were to change in the area. Christensen noted our area usually gets 14” to 18” of rainfall/snow melt on average yearly. How will they keep water in the pond in case of a less-than normal wet season? Grasser answered that in the event there is not enough precipitation, the park district has a water line that runs from the river out to King’s Walk. It happens to run on the north side of 47^th Avenue South so it would be easy for them to install a valve and control the water level. The reason for expanding Lot 2 is that the park district will own and maintain the lot. The concept is that it would be built under special assessment. It may include a joint powers agreement. Staff has tried to foresee and address all the issues on the site. He was comfortable with the concept in order to move it forward. Christensen said he wanted it noted in the joint powers agreement that the water level is to be consistently maintained. Malm asked how the water would move through the linear pond. If the water sets there, the water quality will become an issue. The water will need to be aerated. He has a problem with any ponding unless there is water movement. Bollman said if that is a problem, then there is a problem with all the stormwater ponds throughout the city. Hagness said he liked the concept from the park district for the property. He felt the pond should be extended to encircle the property to make a lazy waterway and move the water through with the necessary force. Christensen said he was not against the plan or concept but if the water does not move, there will be issues with algae growth and mosquitoes. However, there must be maintenance rules as part of the joint powers agreement. If rules are not included, they won’t get done. Hutchison said he agreed with the comments made, but there are answers to the questions that have been raised. Gengler said planning staff liked the concept. With the narrow size and the length, it opened the doors to utilize the other areas. Staff recommended final approval of the plat. Lee opened the public hearing. Shawn Gaddie, AE2S, stated their firm is the site engineer for the project. There have been issues with water quality and aesthetics of the pond. It is in the concept phase and they are working with city engineers on details. Looking at the cross-section of the pond, they are reviewing how to treat the banks in terms of making it a riprap shoreline or other things similar to keep cattail growth at a minimum. They have been in discussion with Mr. Staley on how to aerate the pond and they are reviewing several concepts. One is windmill driven aeration and incorporating some bubblers into the landscape along the length of the storm pond. There would be issues if there were a severe water quality upset. If there was an issue, the pond could be flushed based on the irrigation line to King’s Walk. There are ways to handle the water that are unique to the site. There was no one else to speak and the public hearing was closed. Hutchison asked if the drainage needs would still be handled if water was in the pond all the time and there was a big rain event. Grasser said it appears to handle it based on the numbers provided by AE2S. The pond will build up and then slowly discharge. All indications are that it will work fine. MOTION BY CHRISTENSEN AND SECOND BY GALLOWAY TO GIVE FINAL APPROVAL TO THE PLAT, SUBJECT TO THE COMMENTS AND ISSUES VOICED BY COMMISSION MEMBERS BEING ADDRESSED IN THE FORM OF A JOINT POWERS AGREEMENT. APPROVAL OF THE PLAT IS ALSO SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY: 1. Submit title opinion. 2. Change plat title to “Homestead Grove Fourth Addition.” 3. Include a land description with the owner’s certificate. 4. Submit a utility master plan for the area. 5. Include a storm-sewer easement to connect ponds to the drainway or other approved outlet. 6. Place all storm-sewer ponds and/or piping with a “storm-sewer easement.” 7. Remove the cul-de-sac right-of-way on 46^th Avenue South and replace with a 30x66’ snow storage easement. 8. Identify access control along 40^th Avenue South that reflects the proposed driveway location. If located within 300 feet of the intersection of South 11^th Street, plat acceptance will recognize a variance to the land development code 18-0907(L)(1)(b) for a level five roadway. 9. Show access control for one driveway along the south line of Lot 3 on 47^th Avenue South. Plat acceptance recognizes a variance to the land development code 18-0907(L)(1)(c) for a level four roadway. Proposed ddriveway appears to be within 660 feet from the south 11^th Street intersection. Galloway asked if there was a cross-section of the pond in case of a high water event and it is maintained at a certain level. Gengler said they were in the process now of developing the design. Shawn Gaddie stated they have done preliminary modeling of the pond and evaluated a two-year event, five-year event, 10-year event and even a 100-year event. In reviewing the 100-year event, with approximately five inches of rain in 24 hours, the pond would bounce around five feet. That would be with a total depth of seven feet with two feet of free board. It would stay completely contained within the pond. MOTION CARRIED UNANIMOUSLY. 3-4. (PUBLIC HEARING) MATTER OF THE REQUEST FROM AE2S, ON BEHALF OF THE GRAND FORKS PARK DISTRICT, FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO REZONE AND EXCLUDE FROM HOMESTEAD GROVE PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN AND TO INCLUDE WITHIN THE HOMESTEAD GROVE PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 1, ALL OF HOMESTEAD GROVE FOURTH ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED EAST OF SOUTH 11^TH STREET BETWEEN 40^TH AVENUE SOUTH AND 47^TH AVENUE SOUTH. Gengler reviewed the final approval of the rezoning of the property that removes it from a residential status into a parks and recreational status. There will be other incidental uses to be within the facility in the future. He wanted to add one note to the planned unit development document to read that, in the future, shared parking agreements between the various structures would be reviewed and approved by the planning department staff. With that additional note, staff recommended final approval. Lee opened the public hearing. There was no one to speak and the public hearing was closed. MOTION BY SANDE AND SECOND BY MATEJCEK FOR FINAL APPROVAL TO THE REZONING OF THE PROPERTY. Lee asked about the four lots fronting onto South Washington Street. Gengler stated there were no options on the lots as yet and they are listed as B-3 uses. MOTION CARRIED UNANIMOUSLY. 3-5. (PUBLIC HEARING) MATTER OF THE REQUEST FROM ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, INC., (AE2S), ON BEHALF OF RESIDUAL MATERIALS, INC., FOR FINAL APPROVAL (FAST TRACK) OF THE PLAT OF GIBBS RESUBDIVISION TO THE CITY OF GRAND FORKS, ND, LOCATED AT 2302 STATE MILL ROAD. Lee noted this is a fast track item and will be the only time to be considered by the commission. Gengler said the subject property is located in an industrial area. The city currently owns a lot that contains a public works building (cold storage) and the old fire department training tower on the site. Bids have been released to remove the training tower. The city will retain Lot 1 that houses the public works building. Lot 2 is being carved out of the larger area and includes the fire tower that will be removed. The city has been in talks about conveying the property and there is a good solution once the plat records. Staff recommended final approval of the plat. 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 HUTCHISON TO GIVE FINAL APPROVAL TO THE PLAT REQUEST, SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY: 1. Submit title opinion. 2. Include a utility easement within Lot 2 for existing watermain and hydrant. 3. Provide a crossover easement on Lot B to allow proposed Lot 2 access to the North 20^th Street right-of-way. 4. If necessary, include a stormwater easement on Lot 2 to accommodate existing conditions. 5. Add elevations numbers to contour lines. 6. Include 100-year flood elevation. 7. Use short version of city council approval. 8. List Dana Sande as secretary of the planning commission. 9. Show right-of-way width for North 20^th Street. 10. Plat acceptance recognizes a variance to the land development code 18-0204, definition of minor subdivision (B) with regards to the inclusion of a utility easement. 11. Change 20-foot sewer and watermain easement to 20-foot utility easement. MOTION CARRIED UNANIMOUSLY. 3-6. MATTER OF THE REQUEST FROM WKT PROPERTIES, LLC FOR APPROVAL TO VACATE A UTILITY EASEMENT LYING WITH LOT B, BLOCK 1, C&N 2^ND RESUBDIVISION TO THE CITY OF GRAND FORKS, ND, LOCATED AT 2400 GATEWAY DRIVE. Brooks reviewed the property of Kia Subaru. The owners want to expand the building on the east side; however, there is an easement in the way. After checking with all utility companies, it was determined the easement is no longer required on the property. Staff recommended approval of the vacation. MOTION BY HAGNESS AND SECOND BY GALLOWAY TO APPROVE THE VACATION REQUEST. MOTION CARRIED UNANIMOUSLY. 4. COMMUNICATIONS AND PRELIMINARY APPROVALS: None. 5. REPORTS FROM THE PLANNING DEPARTMENT: None. 6. OTHER BUSINESS: None. 7. ADJOURNMENT. MOTION BY MALM AND SECOND BY MATEJCEK TO ADJOURN THE MEETING AT 6:35 P.M. MOTION CARRIED UNANIMOUSLY. ____________________________ Dana Sande, Secretary ____________________________ Paula H. Lee, President