Committee Minutes

PLANNING AND ZONING COMMISSION
MEETING MINUTES
City of Grand Forks, North Dakota
March 5, 2008


1. MEMBERS PRESENT

The meeting was called to order by Paula Lee at 7:00 p.m. with the following members present: Doug Christensen, John Drees, Robert Drees, Al Grasser, Tom Hagness, Dr. Lyle Hall, Bill Hutchison, Curt Kreun, Gary Malm, Frank Matejcek, Dana Sande and Marijo Whitcomb. Absent: Steve Adams and Mayor (Dr.) Michael Brown. A quorum was present.

Staff present included Brad Gengler, City Planner; Charles Durrenberger, Senior Planner; Ryan Brooks, Senior Planner; and Carolyn Schalk, Administrative Specialist, Senior (Planning and Zoning Department); and Bev Collings, Building and Zoning Administrator (Inspections Office). Absent: None.

Gengler welcomed Dana Sande as a new member to the planning and zoning commission.

Gengler confirmed Gary Malm’s reappointment for another five years to the commission.

2. READING AND APPROVAL OF MINUTES FOR FEBRUARY 6, 2008.

Lee asked if there were any corrections or changes to the minutes of February 6, 2008.
No changes or corrections were noted and Lee said the minutes would stand as presented.

PUBLIC HEARINGS, FINAL APPROVALS, PETITIONS AND MINOR CHANGES:

3-1. (PUBLIC HEARING) MATTER OF THE REQUEST FROM PRIBULA ENGINEERING, ON BEHALF OF VIOLET THEIS AND PIERCE INC., FOR FINAL APPROVAL OF THE PLAT OF KORYNTA-LEMM 4TH RESUBDIVISION TO THE CITY OF GRAND FORKS, ND, LOCATED AT GATEWAY DRIVE AND NORTH 48TH STREET.

Durrenberger reviewed the plat, stating it was a commercial plat. He showed on the map where the property was located and stated the plan is to reconfigure the smaller lots into a larger lot in order to develop a tire store. In February, commission members approved the vacation of a utility easement no longer needed. There is a staff recommendation for annexation of lot 5. Between preliminary and final approval of the plat the right-of-way has been expanded. Staff recommendation is for final approval subject to the technical changes and also final approval of the street and highway ordinance.

After ascertaining there were no questions from commission members, Lee opened the public hearing. There was no one to speak and the public hearing was closed.

MOTION BY MALM AND SECOND BY CHRISTENSEN TO APPROVE THE PLAT SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY, AS WELL AS APPROVAL OF THE STREET AND HIGHWAY ORDINANCE:
1. Submit title opinion.
2. Use longer city council approval as plat now includes additional public right-of-way.
3. Show a dimension of 50 feet for right-of-way width along the west side of North 48th Street.

Christensen asked if the plat is approved would the new corridor overlay regulations be valid for the project.

Gengler explained to all commission members that the corridor overlay ordinance is also on the agenda for preliminary approval. There have been no construction plans received in the planning department for the tire store. There would have to be a decision made as to the effective date of the corridor overlay ordinance versus construction plans submitted.

Christensen said he assumed the corridor overlay ordinance would be approved by the planning commission as well as council and stated he wanted the construction of the tire store to be based on the final regulations of the corridor overlay ordinance.

When asked if that was acceptable to Malm, he replied no. Christensen then withdrew his second to the motion.

JOHN DREES THEN SECONDED THE MOTION MADE BY MALM.

MOTION BY CHRISTENSEN AND SECOND BY HUTCHISON TO AMEND THE MOTION THAT APPROVAL OF THE PLAT IS SUBJECT TO THE CONSTRUCTION OF THE TIRE STORE BEING BASED ON THE FINAL CORRIDOR OVERLAY ORDINANCE.

Discussion ensued on the amendment.

Hagness asked if the plat approval could be made contingent on an ordinance that is currently not in effect?

Gengler asked if Christensen wanted final approval of the plat to be contingent on final approval and adoption of the corridor overlay ordinance? Christensen answered yes.

Gengler explained the corridor overlay ordinance identifies various corridors throughout the city that require a 600-foot depth on either side of the stated roadways. It also refers to specific types of building material allowed as well as the types that are partially prohibited such as steel buildings.

Malm pointed out that approval of the corridor overlay ordinance might take three or four months. Building plans have not been submitted to the planning office, but they should be considered under the rules that are in place when they submit the plans. He asked if the developer was aware of the new corridor overlay rules. Gengler said there had been no detailed discussions on the project.

Kreun stated the commission approval is for the platting of the land; not the construction of the building. Malm agreed with Kreun by stating the platting of the property is separate from the construction of the building.

Hutchison said it was necessary to get the corridor overlay ordinance in place and giving plat approval contingent on the construction/building plans following the corridor overlay ordinance was appropriate.

A roll call vote on the amendment was as follows: Voting aye: Kreun, Grasser, Hagness Hutchison and Christensen. Voting nay: John Drees, Hall, Robert Drees, Sande, Lee, Malm, Matejcek, and Whitcomb. Amendment motion failed 8-5.

Lee suggested developers involved with the plat should be informed of the corridor overlay ordinance so they are aware of it ahead of time. Gengler agreed.

Original motion carried unanimously.

3-2. (PUBLIC HEARING) MATTER OF THE REQUEST FROM ADVANCED ENGINEERING, ON BEHALF OF THE CITY OF GRAND FORKS, FOR FINAL APPROVAL OF THE PLAT OF AUDITOR’S RESUBDIVISION NO. 43 TO THE CITY OF GRAND FORKS, ND, LOCATED EAST OF NORTH 3RD STREET BETWEEN DEMERS AVENUE AND GATEWAY DRIVE.

Durrenberger reviewed the request, stating it was a plat associated with the city flood protection. The plat contains some vacated street right-of-way and bikepath easements. He noted a section on Lewis Boulevard had been preserved with a Granitoid surface and that portion had not been vacated. Staff recommendation is to approve the plat subject to the technical changes shown on the review copy and passage of the street and highway ordinance.

Lee asked if any member had questions for Durrenberger. There were no questions. Lee opened the public hearing. There was no one to speak and the public hearing was closed.

MOTION BY WHITCOMB AND SECOND BY GRASSER TO APPROVE THE PLAT REQUEST SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY AND PASSAGE OF THE STREET AND HIGHWAY ORDINANCE:

1. Submit title opinion.
2. Show length on all line segments.
3. Correctly show the 100-year flood line.
4. Plat acceptance recognizes a variance to the Land Development Code 18-0907(1)(L) with regards to elevation contours.
5. Plat acceptance recognizes a variance to the Land Development Code 18-0907(1)(C) with regards to an easily interpreted scale.
6. Place monuments at all exterior plat boundary corners.

MOTION CARRIED UNANIMOUSLY.

3-3. (PUBLIC HEARING) MATTER OF THE REQUEST FROM ADVANCED ENGINEERING, ON BEHALF OF THE CITY OF GRAND FORKS, ND, FOR FINAL APPROVAL OF THE PLAT OF AUDITOR’S RESUBDIVISION NO. 44 TO THE CITY OF GRAND FORKS, ND, LOCATED EAST OF OLSON DRIVE AND ELMWOOD DRIVE FROM 25TH AVENUE SOUTH TO 32ND AVENUE SOUTH.

Brooks reviewed the plat of property purchased by the city as part of the flood protection project. He pointed out the location of the area on the map. Staff recommendation was for final approval subject to the technical changes shown on or attached to the review copy.

Lee asked if members had questions for Brooks. There were no questions. Lee opened the public hearing. There was no one to speak on the issue.

MOTION BY HAGNESS 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. Show a length on all line and curve segments.
3. Include document numbers for all vacated areas.
4. Correctly show the 100-year flood line.
5. Plat acceptance recognizes a variance to the Land Development Code 18-0907 (1)(L) with regards to elevation contours.
6. Plat acceptance recognizes a variance to the Land Development Code 18-0907(1)(C) with regards to an easily interpreted scale.
7. Include acreage on Lot 2, Block 1.

MOTION CARRIED UNANIMOUSLY.

3-4. (PUBLIC HEARING) MATTER OF THE REQUEST FROM ADVANCED ENGINEERING, ON BEHALF OF THE CITY OF GRAND FORKS, ND, FOR FINAL APPROVAL OF THE PLAT OF SUN-BEAM SIXTH RESUBDIVISION TO THE CITY OF GRAND FORKS, ND, LOCATED AT NORTHRIDGE HILLS COURT TO 47TH AVENUE SOUTH ALONG THE RED RIVER.

Gengler reviewed the plat stating it was one of the final flood protection plats. Staff recommends approval subject to the technical changes shown on or attached to the review copy.

Lee asked members if there were questions for Gengler. There were no questions.
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 MATEJCEK TO GRANT FINAL APPROVAL OF THE PLAT REQUEST SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Show a length on all line and curve segments.
2. Include document numbers for all vacated areas.
3. Correctly show the 100-year flood line.
4. Plat acceptance recognizes a variance to the Land Development Code 18-0907 (1)(L) with regards to elevations contours.
5. Include correct date for the planning and zoning commission approval.

MOTION CARRIED UNANIMOUSLY.

3-5. (PUBLIC HEARING) MATTER OF THE REQUEST FROM MYRA COLLETTE, ON BEHALF OF THOMAS J. THOMPSON, FOR FINAL APPROVAL OF THE PLAT OF CALVARY CEMETERY SOUTH ADDITION TO THE CITY OF GRAND FORKS, ND, AND LOCATED AT 11TH STREET NORTHEAST AND 10TH AVENUE NORTHEAST (SECTION 9, WALLE TOWNSHIP).

Gengler reviewed the plat proposal for construction of a cemetery on South Columbia Road. He discussed the primary concerns of overland drainage voiced by people in the area at the December 2007 meeting. At that meeting, the developers were directed to hire an engineering firm to study the drainage problem. Mark Lambrecht of CPS, Ltd., did the study and was present at the meeting to present his findings.

Gengler said the study indicated the post-development runoff would be equal to or less than the pre-development runoff. The development of the cemetery would not cause more runoff than the existing conditions and possibly be less, according to the study.

Notifications of the meeting with the plat on the agenda were mailed to homeowners adjacent to the area under discussion. Gengler also noted staff had a meeting with CPS, Ltd staff and Jerry Pribula of the Grand Forks County Resource District. Also in attendance at that meeting was Robert Drees and Al Grasser, city engineer. It was a requirement that the Grand Forks County Water Resource District had to review and approve of the drainage plan. The GF County Resource District has approved the plan and a permit for a 24” culvert.

Based on the findings of CPS, Ltd. and after the joint meeting, staff recommends final approval of the plat and concept request.

Lee opened the public hearing.

Colleen Hoyt, 1001 Columbia Avenue Northeast, Thompson, ND, showed pictures of the overland flooding in and around the homes close to the proposed development. She noted the pictures were from flooding during 2007. She questioned the 24” culvert on the cemetery end and wanted to know how they would get the water out at their end.

Christensen said the drainage issue is not the responsibility of the city. He asked the rural and county people on the commission who would be responsible for taking care of the drainage and cleaning the drains - the county or the township? Malm answered it would be the Grand Forks County Water Resource Board. Christensen noted if it were adequately or properly drained, there should not be a problem.

Claude Smith, 1006 Columbia Avenue Northeast, stated that any development upstream from them will be a concern for everyone in the area. The cemetery property may drain very fast but the water will go to the other properties. They get different messages from the various people they have talked to about the problem.

Mark Lambrecht, CPS, Ltd., stated they were retained by the Calvary Cemetery Association to do the grading and drainage study on the proposed site. He showed an aerial photo of one square mile of land in Section 9, Walle Township. The Calvery Cemetery development occupies twenty acres near the southwest corner of the section of land. The natural overland drainage in the area runs from southwest to northeast and the section of land exhibits better drainage than many of them in the area. There is a total of five feet of elevation difference from the southwest to the northeast corner of the section. He stated that, based on information from Mr. Pribula, existing homes along the south line of the section have driveways that hold back a considerable amount of water. The water that enters the section flows north in the Columbia Road ditch and is impeded by the series of culverts in the driveways of the various properties. If the water board could implement their recommendations, they would make sure the culverts to the properties along the south line of the section were operating properly and a ditch in place along the south line of the section, the water could drain north and east. Then the water could cross Highway 81 and flow into Cole Creek. Mr. Lambrecht stated the water district does not approve individual property site plans; they review overall drainage of ditches and major waterways. They approved a 24” diameter culvert to be installed in the one approach to the cemetery property, and is the minimum size the county authorizes for the culvert permits of new installations. The size is related to plugging by snow, ice, debris, wind blown dirt, etc. He noted that some of the existing culverts in the approaches are 24” diameter but the vast majority of them (five in a row) are 18” diameter causing water to be held back. If any one of the culverts is plugged during spring runoff, everyone else is affected by it.

Christensen asked if the 24” culvert for the cemetery is big enough. Is there a recommendation for a larger culvert?

Mr. Lambrecht stated at the southwest corner, a 36” culvert enters the section. The water resource board’s analysis is if they could have the equivalent of the capacity of the 24” culvert for the water running north along Columbia Road and something similar for the drainage running east, then it would exactly match capacity to carry the water away.

Christensen said the water resource board apparently does not have the power to order the homeowners to change the culvert size.

Mr. Lambrecht said the right-of-way of Columbia Road is not wide enough to permit much of a ditch improvement but the individual homeowners are responsible for the culvert in their own driveways. If there is a cooperative situation, the water resource board will be a catalyst toward solving the problem by furnishing the culvert if the property owners pay for the installation. When asked about the cost, Mr. Lambrecht said it would cost approximately $1,000 to $2,000 each.

Robert Drees, commission member and former member of the water resource board, stated there was a project in the area to bring the ditch to grade and clean out culverts and replace the damaged ones. The water board can only urge and encourage the individual landowners to change the culverts. The person located to the far north did not want to change their culvert. The right-of-way is so narrow the depth of the ditch can only be for an 18” culvert. The water board does not typically spend money on private property. Because of the narrow right-of-way, in order to put a 24” culvert in each driveways, the ditch would have to extend onto the property owners. Unless there was a cooperative effort by all the homeowners in the area, it would not work. The 24” culvert into the driveway of the cemetery would actually help the others more than it would hurt them. With a 36” culvert to the south, the driveway into the cemetery will slow the water down coming at the other houses and give it time to get through the individual culverts before it builds up south of the southernmost house. There is a crossing on the south side where the culvert does not work at all and that is a Walle Township issue.

Mr. Lambecht remarked that if the water resource board could accomplish what they would like in the way of drainage, they would have a road ditch along the south line of the section. The 24” culvert for the cemetery site would help slow the water since each culvert has the effect of metering the water.

Hutchison asked several questions and said he is reluctant to approve the project until there is an answer to the drainage problem in the area.

Matejek asked about the farm drainage. Mr. Lambrecht stated that very little of the drainage tries to get back to the Columbia Road ditch.

Mr. Smith noted the ditch on the west side of Columbia Road is deep but the water cannot get there.

Mike Loyland, 714 8th Avenue Northeast, Thompson, ND, said he farms the southwest quarter and spoke on the drainage issues of the land.

Hagness said the issue is a community problem and asked if the homeowners could work together and with the water resource board to solve the problem.

Discussion and questions ensued.

Christensen said the people in the area should band together and see about putting in 24” culverts in order to help alleviate the problem.

John Herz, Calvary Cemetery Association, 1019 22nd Avenue South, said they met with some of the property owners and expressed their desire to be a good neighbor. Based on the study, the cemetery development would aid in slowing down the overland flooding. They would plant grass and that would hold back water versus a cultivated field.

Grasser said there is a long-standing history among the different homeowners. The body to regulate the drainage in the area is the Grand Forks Water Resource Board. He asked for the grading plans to be shown and said the cemetery plan is to mound the site and draining the water to the outside. The report notes that the runoff is less than today. It is not causing a negative or adverse plan.

Kreun said the commission is faced with a plan that will not harm the people. The homeowners in the area are asking the city to solve a problem for them that the city cannot solve. The city does not have jurisdiction to deal with the problem.

Lee closed the public hearing.

MOTION BY HAGNESS AND SECOND BY ROBERT DREES TO GRANT FINAL APPROVAL OF THE PLAT SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY AND FINAL APPROVAL OF THE STREET AND HIGHWAY ORDINANCE:
1. Add access control line along the west line of Lot 1, Block 1, South Columbia Road shall be treated as a future principal arterial with Level 3 access control.

Hagness asked planning staff to help facilitate a meeting for the people in the area with the Grand Forks Water Resource Board.

MOTION CARRIED WITH MATEJCEK VOTING NAY.

3-6. (PUBLIC HEARING) MATTER OF THE REQUEST FROM THOMAS J. THOMPSON, ON BEHALF OF CALVARY CEMETERY ASSOCIATION, FOR FINAL APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO EXCLUDE FROM THE A-1 (AGRICULTURAL PRESERVATION) DISTRICT, AND INCLUDE WITHIN THE CALVARY CEMETERY SOUTH PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, ALL OF CALVARY CEMETERY SOUTH ADDITION, LOCATED AT 11TH STREET NORTHEAST AND 10TH AVENUE NORTHEAST (SECTION 9, WALLE TOWNSHIP).

Gengler discussed the concept plan for the cemetery property. Staff recommended approval of the concept plan.

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

MOTION BY HAGNESS AND SECOND BY KREUN TO GRANT FINAL APPROVAL OF THE CONCEPT PLAN, SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY AND FINAL APPROVAL OF THE ORDINANCE:
1. Add access control line along the west line of Lot 1, Block 1, South Columbia Road shall be treated as a future principal arterial with Level 3 access control.

MOTION CARRIED UNANIMOUSLY.

3-7. (PUBLIC HEARING) MATTER OF THE REQUEST FROM THE TIM CRARY, ON BEHALF OF CRARY DEVELOPMENT INC., FOR APPROVAL OF A CONDITIONAL USE PERMIT (CUP) FOR A MEMORY CARE FACILITY, LOCATED ON LOTS B AND C, BLOCK 1, OF THE REPLAT OF LOT 2, BLOCK 1, CURRAN’S 3RD RESUBDIVISION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED AT THE INTERSECTION OF 47TH AVENUE SOUTH AND SOUTH WASHINGTON STREET.

Brooks reviewed the conditional use permit for a memory care facility (alzheimer’s and dementia). The facility was originally planned for the east side of Washington Street but is now being requested to be developed just south of the Bridgestone Condos. He reviewed the access points and parking for the facility. The building is one story with a 36-unit memory care facility. Brooks stated the conditional use permit would run indefinitely but would be reviewed if the use changes in the future.

Grasser reminded members there are discharge limitations on the site.

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

MOTION BY MALM AND SECOND BY WHITCOMB TO APPROVE THE CONDITIONAL USE PERMIT. MOTION CARRIED UNANIMOUSLY.

3-8. (PUBLIC HEARING) MATTER OF THE REQUEST FROM THE GRAND FORKS PLANNING DEPARTMENT FOR FINAL APPROVAL OF A RESOLUTION AMENDING ACCESS CONTROL RESTRICTIONS TO ALLOW A DRIVEWAY APPROACH ON THE NORTHWESTERLY SIDE OF LOT 3, BLOCK 1, AMUNDSON’S SECOND RESUBDIVISION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED AT 2975 SOUTH 42ND STREET.

Gengler stated the resolution is to amend the plat to allow a driveway approach. He presented a site plan drawing of the area and indicated that driveway no. 1 is an existing driveway, driveway no. 2 is the proposed driveway and driveway no. 3 is a future driveway. The corridor is identified as access controlled with a minimum of 660 foot spacing between access locations. Although the request does not meet the minimum of 660 feet, staff recommends the resolution allowing the additional driveway (No. 2). Gengler said 42nd Street will be realigned in the future and the owners of the funeral home will remove the original driveway and will be allowed to have an additional driveway on the southerly portion of their property. The resolution takes the place of a replat.

There was a discussion of the future driveway (No. 3) as it relates to the hotel property.

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

MOTION BY MALM AND SECOND BY HAGNESS TO APPROVE THE RESOLUTION AMENDING ACCESS CONTROL RESTRICTIONS TO ALLOW A DRIVEWAY APPROACH ON THE AMUNDSON’S SECOND RESUBDIVISION. MOTION CARRIED UNANIMOUSLY.

4. COMMUNICATIONS AND PRELIMINARY APPROVALS:

4-1. MATTER OF THE REQUEST FROM PRIBULA ENGINEERING, ON BEHALF OF FRANCES L. BERTHEUSON, FOR PRELIMINARY APPROVAL OF THE PLAT OF FRANTASTIC ACRES FIRST RESUBDIVISION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED AT SOUTH 69TH STREET AND GRAND FORKS COUNTY ROAD NO. 6.

Durrenberger reviewed the plat request, stating it was originally platted in June 2007 to split some property from a larger portion of a farmstead. There was a request from the prospective owner for additional land south of the farmstead containing a shelterbelt. The plat adds an additional 2.49acres to the original farmstead. Since the land has not been conveyed by the original owner following approval of the plat in June, 2007, the owner’s request to subdivide the land is not in conflict with current subdivision regulations. Staff recommendation is for approval of the plat subject to the following technical changes and approval of the street and highway plan.

MOTION BY HALL AND SECOND BY ROBERT DREES TO GRANT
PRELIMINARY APPROVAL OF THE PLAT SUBJECT TO THE TECHNICAL
CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY AND
APPROVAL OF THE STREET AND HIGHWAY ORDINANCE:
1. Include street and highway ordinance for additional dedicated right-of-way (50’x140’).
2. Correct square footage and acreage of Lot “A”.

MOTION CARRIED UNANIMOUSLY.

4-2. MATTER OF THE REQUEST FROM TIM CRARY, ON BEHALF OF SPROULE, CRARY AND CRARY, FOR PRELIMINARY APPROVAL OF AN ORDINANCE RELATING TO THE COMPREHENSIVE PLAN, AMENDING CHAPTER XVIII, ARTICLE 8, COMPREHENSIVE PLAN; SECTION 18-0802, ELEMENTS, OF THE GRAND FORKS CITY CODE OF 1987, AS AMENDED, PERTAINING TO THE YEAR 2035 LAND USE PLAN.

Brooks reviewed the land use plan amendment for the 47th Avenue South and Washington Street area, south of the new Valley Dairy store. There are some areas listed as residential under the land use plan and the proposal is to change those areas to commercial uses. The second change is a housekeeping amendment for the Homestead Grove PUD. A discrepancy was noted in researching the first request to change the residential to commercial south of the Valley Dairy. Brooks noted the amendment to change from residential to commercial is consistent with the land use plan since there is commercial to the north and south of the property and is bounded on the west by a high speed roadway.

MOTION BY HALL AND SECOND BY HUTCHISON TO GRANT PRELIMINARY APPROVAL TO THE ORDINANCE AND THE CHANGE TO THE LAND USE PLAN. MOTION CARRIED UNANIMOUSLY.

4-3. MATTER OF THE REQUEST FROM TIM CRARY, ON BEHALF OF SPROULE, CRARY AND CRARY, FOR PRELIMINARY APPROVAL OF THE PLAT OF MEADOW RIDGE SECOND ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED IN THE 4900 BLOCK OF SOUTH WASHINGTON STREET.

Brooks reviewed the request, stating the plat is related to the land use plan change of the previous item. The property is south of the new Valley Dairy store located at 47th Avenue South and South Washington Street. Brooks noted for the record that the road right-of-way would be on the eastern edge of the property on South 11th Street. In the event the property needs to be split in the future, access would be available as well as to any property east of the development. A study of the property is being made to determine how much of the property can be developed. The requirement for access will be added to the technical changes.

MOTION BY KREUN AND SECOND BY WHITCOMB TO GRANT PRELIMINARY APPROVAL TO THE PLAT REQUEST SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY AND APPROVAL OF THE STREET AND HIGHWAY ORDINANCE:
1. Submit title opinion.
2. Use shorter version of city council approval as no street and highway ordinance is required.
3. Expand plat boundary to include parts of the southend drainway south of Lot 1, Block 1. Also include any easements within the drainway area and include Highway 81 rights-of-way not previously platted.
4. Add access control along all of South Washington Street.
5. Add 10’ utility easements along the south and east lines of Lot 1, Block 1.
6. Include all necessary screening easements along the east line of Lot 1, Block 1.
7. Add square footage and acreage of Lot 2, Block 1 (southend drainway).
8. Provide a current master plan for all unplatted land east and north of this plat.
9. Add right-of-way for South 11th Street; 500 feet to the south of 48th Avenue South.

MOTION CARRIED UNANIMOUSLY.

4-4. MATTER OF THE REQUEST FROM TIM CRARY FOR APPROVAL OF AN ORDINANCE TO ANNEX MEADOW RIDGE SECOND ADDITION, LOCATED IN THE 4900 BLOCK OF SOUTH WASHINGTON STREET.

Brooks reviewed the annexation for the plat area previously discussed. He noted the annexation point system was included for commissioner’s perusal. If the right-of-way for the plat area is changed, the annexation area will be reduced. A determination will be made on the plat right-of-way area between preliminary and final approval. Brooks explained that the commission members review annexations only once while the city council will review it twice and the annexation area might change depending on the right-of-way for the plat.

MOTION BY MALM AND HUTCHISON TO APPROVE THE ANNEXATION ORDINANCE. MOTION CARRIED UNANIMOUSLY.

4-5. MATTER OF THE REQUEST FROM TIM CRARY, ON BEHALF OF SPROULE, CRARY AND CRARY, FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO EXCLUDE FROM THE MEADOW RIDGE PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN AMENDMENT NO. 1, AND TO INCLUDE WITHIN THE MEADOW RIDGE PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 2, ALL OF MEADOW RIDGE FIRST AND SECOND ADDITIONS TO THE CITY OF GRAND FORKS, ND, AND ALSO TO INCLUDE UNPLATTED LANDS LYING BETWEEN 47TH AVENUE SOUTH AND 51ST AVENUE SOUTH AND BETWEEN SOUTH WASHINGTON STREET AND THE WESTERLY PLATTED BOUNDARIES OF NORTH PINES RESUBDIVISION AND SOUTH PINES ADDITION.

Brooks reviewed the ordinance to amend the zoning map by explaining that currently the Meadow Ridge PUD has B-3 type uses with the remainder of the property zoned as A-2 type uses. The request is to change the A-2 type uses to B-3 in order for Mr. Crary to construct storage units on the property. The land use plan was amended earlier to accommodate the change. Brooks spoke again on the right-of-way access from South 11th Street and said that might change between preliminary and final approval.

Robert Drees asked if the right-of-way would be on the north side of the southend drainway or would the drainway be crossed to the property behind All Seasons? Brooks replied there would be a cul-de-sac approximately 500 feet through the property in order to provide a turn-around in the property; there would be no crossing on the southend drainway.

MOTION BY SANDE AND SECOND BY WHITCOMB TO APPROVE THE ZONING CHANGE. MOTION CARRIED UNANIMOUSLY.

4-6. 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, ENACTING SECTION 18-0224 CORRIDOR OVERLAY DISTRICT.

Gengler reviewed the ordinance by referring commission members to the map that identified the corridors to be covered under the corridor overlay district. During the land use plan update, the consultant suggested developing corridors throughout the community that had special or different rules applied to them. The land use committee has reviewed and discussed the ordinance and Gengler summarized the major changes made by the committee. He mentioned there would be a catalog in the planning department that will delineate the acceptable building materials. He mentioned the use of metal siding as one of the leading issues. That is the reason 50% of the building must be constructed of acceptable materials. Along North Washington Street and Gateway Drive, metal siding systems may be used provided the metal is limited to 70% of the building face.

Robert Drees asked if Merrifield Road east of I-29 was dropped from the list of corridors? The paved portion of Merrifield Road only exists to County Road 81 and would it extend all the way east to Belmont Road or the Country Club? Gengler said he would research the questions and let Mr. Drees know. Mr. Drees asked about farm structures. If an existing farmstead decides to build a pole-type storage facility for machinery, would that be considered a farm structure and would it not have to conform with the 50% rule? Gengler answered yes.

John Drees asked if the metal roofs were included in the 50% rule? Gengler stated the 50% was referring to the vertical walls and roofs were not included. Lee said the idea was the appearance from the street but that should be clarified.

Hall asked if Furniture Row added onto their building, would they be required to have more clay or masonry brick? Gengler said they would have to rely more on the other materials versus the steel siding.

Hall asked if the building materials and designs would be available on the city’s website? Gengler replied it would be available on the website.

MOTION BY CHRISTENSEN AND SECOND BY HUTCHISON TO APPROVE THE ORDINANCE CREATING THE CORRIDOR OVERLAY DISTRICT. MOTION CARRIED UNANIMOUSLY.

Malm asked how the people along the corridors would be notified of the ordinance and the changes required along the corridors? Gengler said notification would be by public hearing notice as well as getting the Info Center and other media involved in the process.

MOTION CARRIED UNANIMOUSLY.

5. REPORTS FROM THE PLANNING DEPARTMENT:

NONE.

6. OTHER BUSINESS:

6-1. MATTER OF DISCUSSION REGARDING STARTING THE MEETINGS AT 5:30 P.M.

Gengler said the issue of changing the planning commission time to 5:30 was discussed briefly at the February meeting and staff was told to put the issue on the agenda again for discussion.

The city council representatives were asked how the 5:30 p.m. time was working out for them. Christensen said it works very well.

There was a question on the whether or not the vote should be 100% in favor of the issue. Christensen said there would never be a 100% agreement on issues and the vote should be based on a majority vote.

John Drees said he was against changing the time of the meeting. The county representatives have trouble getting to the meetings at 7:00 p.m. and changing it to an earlier meeting would make it much more difficult.

Robert Drees stated he was strongly against changing the meeting time prior to 7:00 p.m. He took the position because he knew the meeting did not start until 7:00 p.m. and he has prior commitments on Wednesday night.

Christensen spoke on the issue. He said initially he was against the city council meetings starting at 5:30 p.m. because of his personal desire to work out at the YMCA. It works out better personally for him to start the meetings later; however, starting the meetings earlier works much better for the staff and the public.

Malm said the county commission meets at 4:00 p.m. now but in the past, they have met at 9:00 a.m. – 11:00 a.m.; 1:00 p.m. – 4:00 p.m.; but the last 15 years, they have met at 4:00 p.m. People show up when they need to.

Hutchison stated the park board changed their meeting time from 7:00 p.m. to 5:00 p.m. three years ago and he voted against it. He thought the 7:00 p.m. time was better for citizens to be present. Since the time change, there has been no negative feedback and it has worked out better for the staff. The citizens that want to be present to address an issue have always been present.

MOTION BY CHRISTENSEN AND SECOND BY KREUN TO MOVE THE MEETING TIME OF THE PLANNING COMMISSION TO 5:30 P.M.

ROLL CALL VOTE INDICATED THE FOLLOWING: VOTING AYE: HAGNESS, GRASSER, SANDE, CHRISTENSEN, KREUN, HUTCHISON, AND MALM. VOTING NAY: ROBERT DREES, LEE, HALL, WHITCOMB, JOHN DREES, AND MATEJCEK. MOTION CARRIED 7-6.

Gengler said he would have the Info Center assist the Planning Department in getting the word out to the public.

6-2. MATTER OF THE APPOINTMENT OF A COMMISSION MEMBER TO SERVE ON THE GF-EGF MPO MINNESOTA-4TH CORRIDOR STUDY UPDATE. THE MEMBER WILL SERVE ON THE STEERING COMMITTEE.

Malm indicated he would serve on the steering committee.



Gengler reported he had sent out an e-mail to all members that Steve Adams has a conflict and would be unable to attend the APA Conference in Las Vegas. Hagness sent back an answer that he was available to go if no one else was available. Since there were no others available, Hagness would be attending the APA Conference in April.


7. ADJOURNMENT:

MOTION BY MALM AND SECOND BY WHITCOMB TO ADJOURN THE MEETING AT 9:35 P.M. MOTION CARRIED UNANIMOUSLY.

____________________________
Lyle A. Hall, Secretary


____________________________
Paula H. Lee, President