ORDINANCE NO BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND FORKS, NORTH DAKOTA, PURSUANT TO ITS HOME RULE CHARTER THAT:

Transcription

1 ORDINANCE NO An ordinance to amend the zoning map to rezone and exclude from the Columbia Park West PUD (Planned Unit Development), Concept Development Plan, Amendment No. 5 and to include within the Columbia Park West PUD (Planned Unit Development), Concept Development Plan, Amendment No. 6, Lot 3, Block 1, Opportunity Park First Resubdivision to the City of Grand Forks, ND, located at South 42nd Street and 36th Avenue South. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND FORKS, NORTH DAKOTA, PURSUANT TO ITS HOME RULE CHARTER THAT: Section 1. Amending Clause The Zoning Map of the City of Grand Forks, established by Section (2), of the Grand Forks City Code of 1987, as amended, is hereby amended as follows: To rezone and exclude from the Columbia Park West PUD (Planned Unit Development), Concept Development Plan, Amendment No. 5 and to include within the Columbia Park West PUD (Planned Unit Development), Concept Development Plan, Amendment No. 6, Lot 3, Block 1, Opportunity Park First Resubdivision to the City of Grand Forks, ND. ALL CONDITIONS AND REGULATIONS RELATING THERETO ARE PRESCRIBED IN OF THE GRAND FORKS CITY CODE AND FUTURE AMENDMENTS THERETO, TOGETHER WITH THE ATTACHED/APPROVED MAP AND CONDITIONS Columbia Park West PUD (Planned Unit Development), Concept Development Plan, Amendment No. 6 OF THE DESCRIBED DISTRICT AREA. Section 2. Effectivity This ordinance shall be in full force and effect after its passage and approval as provided by law. ATTEST: Michael R. Brown, Mayor Maureen Storstad, City Auditor Introduction and first reading: 02/19/2019 Public Hearing: 03/18/2019 Second Reading and final passage: 03/18/2019 Approved:03/18/2019 Published: Not required by law.

2 City of Grand Forks Staff Report Planning and Zoning Commission March 6, 2019 City Council March 18, 2019 Agenda Item: 3-1 (Final) Final approval of Columbia Park West PUD Amendment 6, as it relates to variance to hard surface requirements. Prepared by: Andrea Edwardson, Senior Planner Submitted by: Brad Gengler, City Planner Staff Recommended Action: Recommend final approval of the request from JKV Investments, LLC, for final approval of an ordinance to amend the zoning map to rezone and exclude from Columbia Park West (Planned Unit Development), Concept Development Plan, Amendment No. 5 and to include within the Columbia Park West (Planned Unit Development), Concept Development Plan, Amendment No. 6, Lot 3, Block 1, Opportunity Park First Resubdivision to the City of Grand Forks, ND. Recommend City Council give final approval to the attached ordinance on March 18, February 6, 2019 Committee Recommended Action: Motion by Reichert, second by Lunski for approval of staff s recommendation. Motion carried with Budke recused. February 19, 2019 Council Action: Motion by Reichert, second by Johnson for preliminary approval of the attached ordinance. Motion carried unanimously. March 6, 2019 Committee Recommended Action: Motion by Reichert, second by Kuhn for approval of staff recommendation. Motion passed unanimously with Budke recused. March 18, 2019 Council Action: UPDATE: On February 6 the Planning and Zoning Commission gave preliminary approval to the attached PUD amendment. The City council gave preliminary approval on February 19, 2019, noting the following: 1. Planning staff will work with the applicant in order to ensure that the proper material specifications will be used for the crushed concrete portions of the property. 2. Planning staff will consult with the City Attorney to draft the appropriate language to be placed on the PUD as it relates to enforcing the paving requirement in the event the property is ever used for a use other than heavy equipment sales and service, as well as establish the conditions regarding the granting of the variance to the paving requirement and the curb and gutter requirement for the area to be used for equipment display. (see attached list of conditions that will be a part of the approved PUD amendment)

3 Approval of the PUD Amendment provides variances to paving requirements for the areas where heavy equipment will be displayed, along with the elimination of the associated curb and gutter adjacent to the display area. Also, in order to control the migration of aggregate surfacing into the storm sewer system and regional pond, each inlet and manhole will be required to have a 2 ft. sump below the outlet pipe. The sumps will be cleaned on a schedule which prevents the migration of aggregate through the outlet pipe. BACKGROUND: The Planning and Zoning Commission reviewed the plat and PUD for this area last fall. At that time the developer was requesting a mixed zoning for the area of B-3 General Business / I-2 Heavy Industrial, for the purpose of anticipating heavy equipment sales and services. The Commission suggested that a better alternative was to work with the developer on a specific list of uses from the Industrial zoning districts that would otherwise not be allowed in the B-3 zone and utilizing the PUD to include those uses. The list of uses approved as shown on the PUD request include: The owner of the property located at 3900 S 42 nd Street, also known as lot 3, block 1, Opportunity Park First Resubdivision, is currently looking to develop the roughly 7 acre site for

4 the purposes of selling heavy equipment. The Ironhide business sells machinery from Bobcat, Doosan and other heavy equipment brands. Ironhide has business locations in Devils Lake, Williston, Bemidji, and is looking to relocate from Gateway Drive to expand their business here in Grand Forks. Such use fits within the confines of the PUD s intent to bridge commercial and industrial uses within this area. In order to develop the property in an efficient manner, the owner is requesting a variance be granted to the paving requirement. This request is a result of the equipment being sold on site as tracks of heavy equipment often deteriorate paving in a short period of time. If standard pavement is required for the areas used for display, the nature of the equipment will destroy the surface making the expense of paving an unproductive and unmaintainable requirement. The owner has met with Planning Department staff, and after discussions, has identified the areas on the attached site plan to be varied. The request is to pave the customer and employee parking stalls, the drive aisles to the stalls, and the drive aisles to the roadway of South 42 nd Street with either concrete or asphalt, the final hard surface to be determined by budget constraints. The applicant is requesting that the staging areas of the heavy equipment and access to the staging areas be a 12 inch crushed concrete material. As shown on the attached Map 1, the area highlighted in green will be hard surfaced in accordance with City code. All other areas in white will be a crushed concrete material and used for the display/lay down area for equipment sales. For reference, Map 2 shows examples of the types of equipment sold on site. The remaining attachments depict the building concepts and elevations. All other elements of the site plan are being met, including Corridor Overlay requirements. Landscaping is planned as part of the bufferyard requirements but will concentrate on the 42 nd Street to provide aesthetic improvements to the corridor. Exterior renderings and landscaping view are attached for visual concepts. Given the nature of the use of the property and the setback distance from South 42 nd Street, which is roughly 100 feet from the street curb to the proposed parking lot curb, staff feels the request to vary the paving requirements in the given areas is reasonable. However, staff recommended the variance request be brought forward through an amendment to the PUD and an actual zoning change, rather than an appeal to the Detailed Development Plan, in order to require any approved variance be tied to the use of heavy equipment sale on site. Should the use change to anything other than heavy equipment sales, it is staffs intent to remove the variance for paving and require all other uses to provide paving or restore area to greenspace. The owner and architect will be presenting at the Commission meeting and will be available to address any questions and concerns. ANALYSIS AND FINDINGS OF FACT: Rezoning requires two actions by both the Planning and Zoning Commission and the City Council Staff recommended any variance granted be through a zoning amendment to tie the variance to the specific use of heavy equipment and implement sales on this property located at 3900 S 42 nd St, Lot 3, Block 1, Opportunity First Resubdivision. Should the

5 use change to anything other than heavy equipment sales, it is staffs intent to remove the variance for paving and require all other uses to provide paving or restore area to greenspace Off Street Parking & Loading Code Requires: o (12) Construction and maintenance: (A) In all districts, parking areas and access drives hereinafter constructed shall be paved and provided with proper surface drainage. (B) The operator of the principal building or use shall maintain parking and loading areas, access drives, and yard areas in a neat and adequate manner so that they are accessible. SUPPORT MATERIALS: Vicinity Map Conditions and Attachment 1 to be attached to the PUD Amendment Map 1 Conceptual Site Plan Map 2 Equipment examples Visual Concepts Rezoning Ordinance Ironhide website

6 Vicinity Map Legend Intersections Road Labels Boundary City Limit Boundary Gray Area Boundary Two Mile Parcels 4,800 Notes 1in= 400 ft NAD_1983_StatePlane_North_Dakota_North_FIPS_3301_Feet City of Grand Forks GIS Feet All dimensions, descriptions, measurements, boundaries and data contained in this nonstandard document are included for general information only. No warranties or covenants are made or given by the City of Grand Forks. Any user must confirm the accuracy of the same with official records, and/or by survey. THIS MAP IS NOT TO BE USED FOR NAVIGATION

7 The following conditions are hereby included and attached to the Columbia Park West st PUD Amendment No. 6, Lot 3, Block 1, Opportunity Park 1 Resubdivision to the City of Grand nd Forks, 3900 S. 42 Street. The variance from hard surface requirements set forth in Grand Forks City Code Section is conditionally granted to Ironhide Equipment on the basis that heavy equipment and machinery sales, specifically heavy track equipment, is incompatible with the requirement that all off-street parking and loading areas be paved with a hard surface. The movement of such equipment deteriorates hard surfaces at a rate that is reasonably unmaintainable. Consequently, the areas of the lot to be used for track equipment movements, storage and unloading shall be exempt from the hard surface requirement as depicted on attachment 1. The area for which hard surface pavement is not required shall comply with all construction specifications provided on the site plan including 12" base layer and 12" crushed concrete. Hard surface parking areas shall be required for the areas of customer and employee parking stalls and all drive isles to the stalls as depicted on the attached. All parking areas, including those areas with crushed concrete, shall be well maintained and kept in clean, dust-free order. The crushed concrete shall not encroach into any buffer yard areas. All landscaping shall be installed and maintained in conformance with Grand Forks City Code Section The variance granted hereby shall be expressly conditioned upon the continued use as heavy equipment and machinery sales and repair. In the event that such use shall change from heavy equipment and machinery to sales and repair, the unpaved, nonhard surface areas shall be required to be paved with hard surfaces as required by Grand Forks City Code Section or otherwise be converted to green space within days of the change of use. The variance granted hereby shall be subject to periodic review, modification and/or revocation by the Grand Forks City Council upon 60 days' written notice in the event of a material change to the site, structure or use, or if the owner or a successor in interest or assign fails to comply with the conditions described herein.

8 SITE PLAN LEGEND 1/2 'A' BUFFERYARD (545 L.F.) 580'-0" SHADE TREE (3" -3.5" CALIPER) ORNAMENTAL TREE (2" -2.5" CALIPER) 20'-0" REAR SETBACK 7'-0" SIDE SETBACK 26'-0" DRIVE 16 NEW BOBCATS 3 NEW TRAILERS 5 NEW DOOSAN DECIDUOUS SHRUBS (18" -24" HEIGHT) 'A' BUFFERYARD (460 L.F.) SEEDED GRASS CRUSED CONCRETE SURFACE CONCRETE VEHICLUALR PAVING HARD VEHICLUALR SURFACE LANDSCAPING SHALL CONFORM TO SECTION OF THE CITY CODE FUTURE ACCESS TO ADDN'L 3 ACRES LOAD RAMP 25'-0" 26'-0" 52'-0" DRIVE 26'-0" DRIVE 10 NEW BOBCATS STATIC EQUIPMENT DISPLAY YARD 15 UTILITY TRAILERS 9 SNOW PUSH 15 USED BOBCATS PARKING = 30,000 SF 5% LANDSCAPED = 1,500 SF 67'-0" R.O.W SITE ENTRY 40'-0" 150'-0" EAST BUFFERYARD 'A' - 460' TOTAL LENGTH 52'-0" 6 CUSTOMER PARKING SPOTS SHADE TREES: 9 TOTAL ORNAMENTAL TREES: 18 TOTAL DECIDUOUS SHRUBS: 23 TOTAL SOUTH BUFFERYARD 1/2 'A'- 480' TOTAL LENGTH SHADE TREES: 5 TOTAL 520'-0" LINE OF FUTURE BAY & CONC. APRON ADD'N 26'-0" DRIVE TRASH AND RECYCLING 18 PARKING LANDSCAPING AREAS (2,022 SF) 6 SITE SIGN 24 ZERO TURN MOWERS SOUTH 42ND STREET ORNAMENTAL TREES: 10 TOTAL DECIDUOUS SHRUBS: 12 TOTAL WASTE OIL TANK CORE BAYS WEST BUFFERYARD 1/2 'A' - 520' TOTAL LENGTH SHADE TREES: 5 TOTAL 1/2 'A' BUFFERYARD (520 L.F.) 150'-0" BUILDING 21,800 SF (1ST) + 2,100 SF (MEZZ) = 23,900 SF (TOTAL) 11 LANDSCAPE ROCK DISPLAY AREA ORNAMENTAL TREES: 10 TOTAL DECIDUOUS SHRUBS: 13 TOTAL METAL ROLL-OFF & PALLETS WASH H1 H2 H3 CON BAY 1 REC'G 32 SNOW BLOWERS NORTH BUFFERYARD 1/2 'A' - 580' TOTAL LENGTH FUEL SHADE TREES: 6 TOTAL ORNAMENTAL TREES: 12 TOTAL 26'-0" DRIVE 20'-0" 20'-0" 2 SERVICE BOBCATS 9' 0" 9' 0" 10'-0" UTILITY EASEMENT DECIDUOUS SHRUBS: 15 TOTAL 52'-0" 6 CUSTOMER PARKING SPOTS 110'-0" BUILDING SETBACK 1/2 'A' BUFFERYARD (590 L.F.) 7'-0" SIDE SETBACK 26'-0" DRIVE 5 RENTAL TRAILERS 6 RENTAL DOOSANS 22 RENTAL BOBCATS SITE SIGN SHARED ENTRY C L IRONHIDE OF GRAND FORKS ARCHITECTURAL SITE PLAN 01/31/19 JLG JLG ARCHITECTS

9 Map 2 IRONHIDE OF GRAND FORKS EQUIPMENT PHOTOS 1/31/2019 JLG JLG ARCHITECTS

10

11 NATURAL, SMOOTH PRECAST CONCRETE FINISH WEST ARCHITECTURAL FIBER CEMENT SIDING ARCHITECTURAL CORRUGATED METAL PANEL SIDING INTEGRAL COLORED, SMOOTH PRECAST CONCRETE FINISH NATURAL, SMOOTH PRECAST CONCRETE FINISH CLEAR VISION GLASS NORTH IRONHIDE OF GRAND FORKS EXTERIOR ELEVATIONS 1/31/2019 JLG JLG ARCHITECTS

12 INTEGRAL COLORED, SMOOTH PRECAST CONCRETE FINISH NATURAL, SMOOTH PRECAST CONCRETE FINISH ARCHITECTURAL FIBER CEMENT SIDING ARCHITECTURAL CORRUGATED METAL PANEL SIDING CLEAR VISION GLASS EAST ELEVATION CLEAR VISION GLASS AT OVERHEAD DOORS NATURAL, SMOOTH PRECAST CONCRETE FINISH ARCHITECTURAL CORRUGATED METAL PANEL SIDING INTEGRAL COLORED, SMOOTH PRECAST CONCRETE FINISH CLEAR VISION GLASS SOUTH ELEVATION IRONHIDE OF GRAND FORKS EXTERIOR ELEVATIONS 1/31/2019 JLG JLG ARCHITECTS

13 City of Grand Forks Staff Report Planning and Zoning Commission February 6, 2019 City Council February 19, 2019 Agenda Item: 4-2 (Preliminary) Preliminary approval of Columbia Park West PUD Amendment 6, as it relates to variance to hard surface requirements. Prepared by: Andrea Edwardson, Senior Planner Submitted by: Brad Gengler, City Planner Staff Recommended Action: Recommend preliminary approval of the request from JKV Investments, LLC, for preliminary approval of an ordinance to amend the zoning map to rezone and exclude from Columbia Park West (Planned Unit Development), Concept Development Plan, Amendment No. 5 and to include within the Columbia Park West (Planned Unit Development), Concept Development Plan, Amendment No. 6, Lot 3, Block 1, Opportunity Park First Resubdivision to the City of Grand Forks, ND. Recommend City Council give preliminary approval to the attached ordinance on February 19, 2019, and set a public hearing for March 18, February 6, 2019 Committee Recommended Action: Motion by Reichert, second by Lunski for approval of staff s recommendation. Motion carried with Budke recused. February 19, 2019 Council Action: March 6, 2019 Committee Recommended Action: March 18, 2019 Council Action: UPDATE: On February 6 the Planning and Zoning Commission gave preliminary approval to the attached PUD amendment, noting the following: 1. Planning staff will work with the applicant in order to ensure that the proper material specifications will be used for the crushed concrete portions of the property. 2. Planning staff will consult with the City Attorney to draft the appropriate language to be placed on the PUD as it relates to enforcing the paving requirement in the event the property is ever used for a use other than heavy equipment sales and service. BACKGROUND: The Planning and Zoning Commission reviewed the plat and PUD for this area last fall. At that time the developer was requesting a mixed zoning for the area of B-3 General Business / I-2 Heavy Industrial, for the purpose of anticipating heavy equipment sales and services. The

14 Commission suggested that a better alternative was to work with the developer on a specific list of uses from the Industrial zoning districts that would otherwise not be allowed in the B-3 zone and utilizing the PUD to include those uses. The list of uses approved as shown on the PUD request include: The owner of the property located at 3900 S 42 nd Street, also known as lot 3, block 1, Opportunity Park First Resubdivision, is currently looking to develop the roughly 7 acre site for the purposes of selling heavy equipment. The Ironhide business sells machinery from Bobcat, Doosan and other heavy equipment brands. Ironhide has business locations in Devils Lake, Williston, Bemidji, and is looking to relocate from Gateway Drive to expand their business here in Grand Forks. Such use fits within the confines of the PUD s intent to bridge commercial and industrial uses within this area. In order to develop the property in an efficient manner, the owner is requesting a variance be granted to the paving requirement. This request is a result of the equipment being sold on site as tracks of heavy equipment often deteriorate paving in a short period of time. If standard pavement is required for the areas used for display, the nature of the equipment will destroy the surface making the expense of paving an unproductive and unmaintainable requirement. The owner has met with Planning Department staff, and after discussions, has identified the areas

15 on the attached site plan to be varied. The request is to pave the customer and employee parking stalls, the drive aisles to the stalls, and the drive aisles to the roadway of South 42 nd Street with either concrete or asphalt, the final hard surface to be determined by budget constraints. The applicant is requesting that the staging areas of the heavy equipment and access to the staging areas be a 12 inch crushed concrete material. As shown on the attached Map 1, the area highlighted in gray will be hard surfaced in accordance with City code. All other areas in white will be a crushed concrete material and used for the display/lay down area for equipment sales. For reference, Map 2 shows examples of the types of equipment sold on site. The remaining attachments depict the building concepts and elevations. All other elements of the site plan are being met, including Corridor Overlay requirements. Landscaping is planned as part of the bufferyard requirements but will concentrate on the 42 nd Street to provide aesthetic improvements to the corridor. Exterior renderings and landscaping view are attached for visual concepts. Given the nature of the use of the property and the setback distance from South 42 nd Street, which is roughly 100 feet from the street curb to the proposed parking lot curb, staff feels the request to vary the paving requirements in the given areas is reasonable. However, staff recommended the variance request be brought forward through an amendment to the PUD and an actual zoning change, rather than an appeal to the Detailed Development Plan, in order to require any approved variance be tied to the use of heavy equipment sale on site. Should the use change to anything other than heavy equipment sales, it is staffs intent to remove the variance for paving and require all other uses to provide paving or restore area to greenspace. The owner and architect will be presenting at the Commission meeting and will be available to address any questions and concerns. ANALYSIS AND FINDINGS OF FACT: Rezoning requires two actions by both the Planning and Zoning Commission and the City Council Staff recommended any variance granted be through a zoning amendment to tie the variance to the specific use of heavy equipment and implement sales on this property located at 3900 S 42 nd St, Lot 3, Block 1, Opportunity First Resubdivision. Should the use change to anything other than heavy equipment sales, it is staffs intent to remove the variance for paving and require all other uses to provide paving or restore area to greenspace Off Street Parking & Loading Code Requires: o (12) Construction and maintenance: (A) In all districts, parking areas and access drives hereinafter constructed shall be paved and provided with proper surface drainage. (B) The operator of the principal building or use shall maintain parking and loading areas, access drives, and yard areas in a neat and adequate manner so that they are accessible. SUPPORT MATERIALS: Vicinity Map

16 Map 1 Conceptual Site Plan Map 2 Equipment examples Visual Concepts Rezoning Ordinance Ironhide website