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Committee Minutes

PLANNING AND ZONING COMMISSION
MEETING MINUTES

City of Grand Forks, North Dakota

July 7, 2004

MEMBERS PRESENT

The meeting was called to order by President Gary Malm with the following members present: John Drees, Al Grasser, Tom Hagness, Dr. Lyle Hall, Bill Hutchison, John Jeno, Curt Kreun, Dr. Rob Kweit, Paula Lee, Frank Matejcek, Sheryl Smith and Marijo Whitcomb. Absent: Mayor (Dr.) Michael Brown, and Dorette Kerian. A quorum was present.

Staff present included Dennis Potter, City Planning Director; Charles Durrenberger, Senior Planner; Brad Gengler, Planner; and Carolyn Schalk, Administrative Specialist, Senior.

2. READING AND APPROVAL OF MINUTES FOR JUNE 2, 2004.
Malm asked if there were any additions or corrections to the minutes of June 2, 2004. There was none and Malm declared the minutes approved as presented.

PUBLIC HEARINGS, MINOR CHANGES AND FINAL APPROVALS:

3-1. (PUBLIC HEARING) MATTER OF THE REQUEST FROM THE GRAND FORKS-EAST GRAND FORKS METROPOLITAN PLANNING ORGANIZATION (GF-EGF MPO) FOR FINAL APPROVAL OF AN ORDINANCE TO AMEND THE TEXT OF THE LAND DEVELOPMENT CODE, SECTION 18-1803(3) IN ORDER TO CREATE A LAND DEVELOPMENT MORATORIUM ONE-QUARTER MILE NORTH AND ONE-HALF MILE SOUTH OF MERRIFIELD ROAD FROM THE INTERSECTION OF MERRIFIELD ROAD AND BELMONT ROAD EAST TO THE RED RIVER.

Potter reviewed the request stating the moratorium would end on December 31, 2004.

Matejcek asked if surrounding property owners were notified and Potter answered yes.

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

MOTION BY LEE AND SECOND BY WHITCOMB TO APPROVE THE ORDINANCE AS PRESENTED. MOTION CARRIED UNANIMOUSLY.

3-2. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD, ON BEHALF OF GATE CITY BANK, FOR FINAL APPROVAL (FAST TRACK) OF THE REPLAT OF LOTS A,B AND M, WASHINGTON VIEW ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED AT 32ND AVENUE SOUTH AND SOUTH WASHINGTON STREET.

Durrenberger reviewed the request stating the owners of the property wanted to construct a new building on the corner of 32nd Avenue South and South Washington Street. The owners desire to reduce the number of lots and sell off the southern portion. No right-of-way would be required for the property and, therefore, qualified as a fast track item. Staff recommendation was for final approval subject to the technical conditions.

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

MOTION BY WHITCOMB AND SECOND BY KREUN TO GRAND FINAL APPROVAL TO THE REPLAT REQUEST SUBJECT TO THE FOLLOWING TECHNICAL CONDITIONS:
1. Submit title opinion.
2. Add 10-foot utility easement on north and east sides of plat.
3. Show and dimension existing access on north side of Lot “O”.
Consider ingress-egress easement across the south end of Lot “O” to serve Lot “P”.

MOTION CARRIED UNANIMOUSLY.

3-3. MATTER OF THE PETITION FROM GRAND FORKS COUNTY AND PRIBULA ENGINEERING FOR APPROVAL TO VACATE A 20-FOOT WIDE UTILITY EASEMENT RUNNING EAST-WEST THROUGH LOT 1, BLOCK 4 OF THE REPLAT OF BLOCK 4, FAIRGROUNDS SUBDIVISION TO THE CITY OF GRAND FORKS, NORTH DAKOTA.

Durrenberger reviewed the request stating the request is to vacate an existing utility easement that is no longer needed. Staff recommendation was for approval of the vacation request.

Lee asked about the utility easement that ran diagonally and across the easement being requested to be vacated.

Durrenberger said the area indicated was the only portion being vacated and that area did not have existing utilities. Staff recommendation was for approval.

There were no comments on the issue from the audience.

MOTION BY HUTCHISON AND SECOND BY LEE TO APPROVE THE VACATION REQUEST. MOTION CARRIED UNANIMOUSLY.

3-4. MATTER OF THE PETITION FROM LAVONNE ADAMS FOR APPROVAL TO VACATE TWO 30-FOOT WIDE DRAINAGE EASEMENTS LYING 15-FEET ON EACH SIDE OF THE LINE COMMON TO LOTS 3 AND 4, BLOCK 1 AND LOTS 3 AND 4, BLOCK 2, SHADY RIDGE ESTATES SIXTH ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA.

Durrenberger reviewed the request stating the owners desire to vacate two existing utility easements. He noted there would be a replat for the area later in the meeting to reduce the lots and the utility easements would be relocated on the replat. Staff recommendation was for approval of the vacation request.

There were no comments on the issue from the audience.

MOTION BY MATEJCEK AND SECOND BY KREUN TO APPROVE THE VACATION REQUEST. MOTION CARRIED UNANIMOUSLY.

3-5. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD, ON BEHALF OF STEVE ADAMS, FOR FINAL APPROVAL (FAST TRACK) OF THE REPLAT OF LOT F, BLOCK 1, COLUMBIA PARK 10TH ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA LOCATED AT 3250 32ND AVENUE SOUTH TO INCLUDE A VARIANCE TO THE LAND DEVELOPMENT CODE, ARTICLE 9, SUBDIVISION REGULATIONS; SECTION 18-0907, SUBSECTION (2), RIGHTS-OF-WAY, PARAGRAPH (L) AS IT RELATES TO ACCESS TO ARTERIAL STREETS.

Gengler reviewed the request. He presented a map of the replat request that divided the area into two lots and explained the access variance (right in only slip ramp) being requested off 32nd Avenue South. He said the City Council had already discussed the issue and approved the access on June 21, 2004. However, the replat needed to be approved by the commission and procedurally and for housekeeping, the access variance needed to also be approved by the commission. Staff recommendation was for approval of the replat and variance request.

Kreun asked if the other property owner had agreed to place the access on the property line. Gengler replied that negotiations were underway for the agreement but it had not been finalized.

Malm asked Mr. Steve Adams if he would like to answer the question.

Mr. Steve Adams said drawings had been sent to the mall owners in Chicago and if there was a negative agreement, Greenbergs were prepared to move the access over completely on their property and an easement would be granted to use on the mall property.

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

MOTION BY KREUN AND SECOND BY HUTCHISON TO GRANT FINAL APPROVAL OF THE REPLAT AND APPROVAL OF THE ACCESS VARIANCE AND ALSO SUBJECT TO THE FOLLOWING TECHNICAL CONDITIONS:
1. Submit title opinion.
2. Consider crossover easement across Lot “M” to serve Lot “L”.
3. Supply ingress-egress agreements as Lot “M” and Lot 1, Columbia Mall 5th Resubdivision have a shared access.

MOTION CARRIED WITH GRASSER VOTING NAY.

Malm stated it was his feeling that the access variance request was not handled properly. The Planning and Zoning Commission should have discussed and approved or disapproved the variance prior to City Council discussing and finalizing the issue. The Commission looks at a bigger picture and often times, they are left out of the discussion and later have to deal with the consequences.

Lee asked about the variance in relation to the fast track of the replat. Malm explained the City Council had already given approval to the access variance prior to presentation to the commission. Lee said there was a procedure to follow in the city code. Malm said he did not want to get into an argument over the issue but wanted to voice concerns over the way it was handled. Kreun, as City Council representative, stated he would pass the information on to the members of the City Council.

3-6. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD, ON BEHALF OF JED CARLSON, FOR FINAL APPROVAL (FAST TRACK) OF THE REPLAT OF LOT 1, BLOCK 3, WASHINGTON ESTATES ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED AT 3880 SOUTH 11TH STREET TO INCLUDE A VARIANCE TO THE LAND DEVELOPMENT CODE, ARTICLE 2, ZONING: SECTION 18-0204, RULES AND DEFINITIONS; SUBSECTION (2), DEFINITIONS, AS IT RELATES TO THE DEFINITION OF MINOR SUBDIVISIONS.

Gengler reviewed the request. He stated the variance request was that technically a fast track had to be five or less lots but the replat is for six lots and there was not a need for additional dedication of roadways. He noted a detailed development plan had already been approved for the property that included three townhomes, a total of six individual dwelling units. The plan would be a nice fit for the property and the replat gives the owner the ability to sell off the townhome units individually. Staff recommendation was for approval of the replat and variance request.

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

MOTION BY KREUN AND SECOND BY SMITH TO GRANT FINAL APPROVAL OF THE REPLAT AND APPROVAL OF THE VARIANCE SUBJECT TO THE FOLLOWING TECHNICAL CONDITIONS:
1. Submit title opinion.
2. Add signer’s names to the owners’ certificate.

MOTION CARRIED UNANIMOUSLY.

3-7. MATTER OF THE PETITION FROM QUALITY RAIL SERVICE, FERRELLGAS, L.P. AND THE BNSF RAILROAD, FOR APPROVAL TO VACATE ALL OF NORTH 17TH STREET FROM DYKE AVENUE SOUTH TO THE BNSF RIGHT-OF-WAY BETWEEN BLOCKS 32 AND 33, BUDGE AND ESHELMAN’S 3RD ADDITION (LOCATED BETWEEN 1623 AND 1701 DYKE AVENUE) TO THE CITY OF GRAND FORKS, NORTH DAKOTA.

Gengler reviewed the request. He said the request is to vacate the portion of North 17th Street as indicated on the map in commissioner’s packets. He noted this was similar to previous requests in the area (Surefoot). Quality Rail Service, located west of the existing right-of-way, wanted to expand their business and needed additional room. The adjoining property owners agreed to the vacation and the vacated street would be split between the east and west property owners. Gengler said the site plan for the proposed expansion was presently being reviewed. The site plan would not be approved until the vacation was recorded. Staff recommendation was for approval of the vacation.

Kreun asked if the city looked at the availability of fire equipment for the rear of the location to determine clearance. Gengler said the fire department was currently reviewing the plan. Kreun asked about the time on the approval of the site plan and the vacation request being processed. Potter explained the vacation process takes quite a while. If issues on the site plan have not been resolved, he would recommend the City Council not approve the vacation.

MOTION BY SMITH AND SECOND BY KREUN TO APPROVE THE VACATION REQUEST. MOTION CARRIED UNANIMOUSLY.

3-8. MATTER OF THE PETITION FROM RODNEY CLARK AND MAX HOEFS , FOR APPROVAL TO VACATE THE SIDEWALK DESIGNATION OF A 20-FOOT WIDE “DRAINAGE AND SIDEWALK EASEMENT” LYING 10-FEET ON EAHC SIDE OF THE LOT LINE COMMON TO LOTS 7 AND 8, BLOCK 3, MIGHTY ACRES SECOND ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED BETWEEN 637 AND 653 EVERGREEN DRIVE.

Gengler reviewed the vacation request. He said that originally with the subdivision there were two sidewalk easements required to tie into a bikepath that parallels the drainway. One of the easements had previously been vacated. Gengler said the engineers had determined that installing the sidewalk according to ADA standards and meeting up with the bikepath, due to elevations, would be impossible or create a dangerous slope. The indication was that the city had no intention of installing that section of the sidewalk. Staff recommendation was for approval of the vacation request.

Grasser said it would be difficult to get the sidewalk in. He agreed with Gengler’s review with the exception that there was no intention to follow through with the easement. There would be a possibility in the future but the city does not have enough easement or right-of-way to accomplish the task.

There was no one in the audience to speak on the issue.

Lee questioned the addresses of the area. Gengler said the former name of the street, Chestnut Drive, had been changed to Evergreen Drive.

MOTION BY WHITCOMB AND SECOND BY HUTCHISON, TO APPROVE THE VACATION REQUEST. MOTION CARRIED UNANIMOUSLY.

Malm explained to the audience that the items previously discussed were final approval requests that would be passed on to the City Council. The remainder of the agenda would be preliminary requests and would also be sent forward to the City Council for its preliminary review but would be back on the Planning and Zoning Commission agenda next month for final approval.

4. COMMUNICATIONS AND PRELIMINARY APPROVALS:

4-1. MATTER OF THE REQUEST FROM THE PLANNING DEPARTMENT FOR PRELIMINARY APPROVAL OF AN ORDINANCE AMENDING THE GRAND FORKS CITY CODE OF 1987 AS AMENDED; CHAPTER XVIII LAND DEVELOPMENT CODE, ARTICLE 2, ZONING; SECTION 18-0204 RULES AND DEFINITIONS; SECTION 18-0216 B-3 (GENERAL BUSINESS) DISTRICT, SUBSECTION (2) USES PERMITTED AND (11) SPECIAL CONDITIONS; AND SECTION 18-0218 I-1 (LIGHT INDUSTRIAL) DISTRICT, SUBSECTION (2) USES PERMITTED, ALL RELATING TO SMALL ANIMAL BOARDING FACILITIES.

Gengler reviewed the request stating the Commission would probably remember the recently discussed issue for dog daycare. He said a request had been received to allow cat boarding and smaller household pets. Although it is similar, the ordinance for dog daycare could not be utilized for the new request since dogs had to have an outdoor area for bathroom breaks. Dogs are also louder and more intrusive than cats or hamsters. Staff discussed the various land uses that could be utilized and decided to amend the Land Development Code to allow small animal boarding facilities as a permitted use (with conditions) in the B-3, I-1 and I-2 zoning districts. He noted there would be conditions attached to the ordinance: (1) All animal boarding services and activities shall be conducted from within a fully enclosed structure; and (2) Exterior storage or use of cages, pens or other enclosures used by the facility shall be prohibited. Gengler said it is similar to a pet shop which is currently allowed in a B-2 (Shopping Center) District; B-3 and B-4 Districts as well as small animal clinics. Staff recommendation was for preliminary approval.

Matejcek asked if it would require a conditional use permit. Gengler answered that it would be a permitted use rather than conditional use.

Kreun asked about capacity and number of cats. Gengler said initially the discussion was for five to 10 cats but that was subject to change. He stated the health department was contacted on the issue. If there were problems, the health department would investigate it.

MOTION BY WHITCOMB AND SECOND BY JENO TO GRANT PRELIMINARY APPROVAL OF THE ORDINANCE. MOTION CARRIED UNANIMOUSLY.

4-2. MATTER OF THE REQUEST FROM KEVIN RITTERMAN, ON BEHALF OF MIKKELSON CONSOLIDATED, FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO REZONE AND EXCLUDE FROM THE VILLAGE PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 3 AND TO INCLUDE WITHIN THE VILLAGE PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 4, ALL OF VILLAGE RESUBDIVISION NO. 2 AND ALL OF VILLAGE RESUBDIVISION NO. 3, GRAND FORKS, NORTH DAKOTA, LOCATED BETWEEN NORTH 42ND STREET AND INTERSTATE 29 AND BETWEEN 5TH AVENUE NORTH AND UNIVERSITY AVENUE.

Gengler reviewed the request. He presented a map showing the current area and reviewed the various changes requested for the property. He pointed out the area that was zoned B-1 uses was rezoned recently to accommodate a possible higher density residential area; a plan for 400-500 individual dwelling units for students. Over time, changes have occurred and a request was received to change the land uses for the two southern lots from B-1 to B-3. There are plans for retail sales and the land uses need to be changed because retail sales are not allowed in the B-1 District. Gengler said following the mailing of the agenda and packets, there was a minor change to be made from the floor to include Lots 3-11 (adjacent to 42nd Street) from B-1 to B-3 to allow retail sales. The remaining large interior lot would remain B-1 to accommodate higher density residential uses.

Lee asked where the next closest B-3 area was located. Gengler answered the West Campus PUD to the south, to the north would be the Down Under and hotels and multiple family setting further north. The B-3 zoning would be a good fit since it is located on a principal corridor so retail is an appropriate land use.

Lee asked where the Mini Mart was located. Gengler pointed it out on the map and said it was a B-3 type use. Originally the area was zoned B-2 (neighborhood shopping district) so a business type district was always planned for the area.

Malm stated the area was originally called the Market Place West.

Grasser said he wanted to make sure everyone was aware that the availability of the storm sewer in the area was extremely limited. He wanted to remind everyone by inclusion in the minutes that the storm sewer issue was still a unique issue to be addressed as the property is developed.

Malm asked about the limited access to the area. Gengler noted on the map the access areas on the property and said he would not envision additional access points onto the property. The access points would also serve internal access easements to service more than one property.

Grasser said University was a minor arterial road and North 42nd Street was a principal arterial road and limited access would be allowed.

Malm said he wanted the issue discussed because of the amount of traffic being generated on the corner of North 42nd Street and University.

Grasser said from a technical standpoint he agrees. The city was not doing all developments in accordance with the best engineering principles when interests of economy and business were considered. He stated in a perfect engineering world there would not be anything within 400 feet of the intersection so the intersection would operate at its peak efficiency.

Kreun asked about access to the large interior parcel. Gengler pointed to the direct access point off 5th Avenue North for the large parcel, plus other access easements.

Matejcek asked how far the existing entrance would be at the intersection into the Mini Mart? He also asked if the Mini Mart’s access was not on their property. Gengler said the Mini Mart does have to access someone else’s property and it is 300 feet north of the right-of-way line. Applied to today’s standards, 660 feet would be required from the intersection for an access.

Matejcek said it would be a frontage road based on today’s requirements. He also asked if Mini Mart would have use of the proposed access behind their property. Gengler stated yes and said the access easement would serve two properties.

Matejcek noted that if Mini Mart retains the current easement on 42nd Street and then also the proposed access behind, there would be a mess. Malm agreed and said there was a mess there now with only the Mini Mart location.

Matejcek said it might be better to have a “T” intersection and have a frontage road for the other lots which would create more usable lots.

Gengler said more information would be forthcoming once the rezoning takes place and actual detailed development plans are presented. Staff would negotiate with the land owner for a compromise.

Malm said the landowner should be aware of the concerns by the Commission before plans are presented.

Matejcek asked if a special access was granted to Mini Mart years ago? Malm answered yes.

Lee suggested a right-in, right-out entrance for the existing entrance on North 42nd Street.

MOTION BY H UTCHISON AND SECOND BY KREUN TO GRANT PRELIMINARY APPROVAL OF THE REZONING REQUEST SUBJECT TO THE FOLLOWING TECHNICAL CONDITIONS:
1. For the parcels specifically subject to the amendment, change the “limited business” designation to “general business.” See review copy. Make the appropriate changes to Note Number 6 as well.
2. Change Note Number 1 on review copy to read: Building regulations for each sub-area shall conform to the regulations of the Grand Forks Land Development Code for the equivalent zoning districts as stated on the Concept Development Plan.
3. Remove Note Number 7 on review copy.

MOTION CARRIED UNANIMOUSLY.

4-3. MATTER OF THE REQUEST FROM WEBSTER FOSTER& WESTON, ON BEHALF OF WEST SIDE PROPERTIES, LLP, FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO EXCLUDE FROM THE NORTH CONGRESSIONAL PUD (PLANNED UNIT DEVELOPMENT, CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 1 AND TO INCLUDE WITHIN THE NORTH CONGRESSIONAL PUD (PLANNED UNIT DEVELOPMENT, CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 2, ALL OF CONGRESSIONAL FIRST RESUBDIVISION, PROMENADE 1ST ADDITION, PROMENADE 2ND RESUBDIVISION AND LOT A, BLOCK 1, OF THE REPLAT OF LOT 12, BLOCK 1, RYDELL-WEST SUBDIVISION, GRAND FORKS, NORTH DAKOTA, LOCATED BETWEEN NORTH 55TH STREET AND NORTH 51ST STREET AND BETWEEN 10TH AVENUE AND UNIVERSITY AVENUE.

Gengler reviewed the request. He stated the request involves the North Congressional PUD with the most recent activity being the Promenade affordable housing district. A request was received to replat a small area within the PUD and to also rezone the property from B-3 to R-4 to build an 18-plex apartment building. Gengler said the parcel would create compromises. It is a higher density (multiple family) across from a single-family residential area, but it is currently zoned B-3 which would include a number of different types of commercial land uses. A decision would have to made on which would be worse for the area. Gengler also stated that in reviewing the site plan, variances would have to be given to make the proposed development work (paving, setbacks). If the 18-unit development would not be allowed, a smaller building would have to be considered to fit the guidelines.

Gengler told the members a mailing of the proposed project was sent to surrounding property owners. Normally, mailings are made at final approval. One phone call was received on the mailings and it was a curiosity call. No other indications, good or bad, have been received.

Lee asked if parking was one of the issues.

Gengler said it was an issue due to the number bedrooms included in the 18-unit building. 41 parking stalls would be required, a combination of garages and surface parking. Variances would have to be allowed to accommodate the necessary parking. Gengler said lot coverage would be another issue.

MOTION BY KREUN AND SECOND BY HUTCHISON TO GRANT PRELIMINARY APPROVAL TO THE REZONING REQUEST.

MOTION CARRIED UNANIMOUSLY.

4-4. MATTER OF THE REQUEST FROM L & M DEVELOPMENT, 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 I-2 (HEAVY INDUSTRIAL) DISTRICT, LOT 1, BLOCK A OF THE REPLAT OF BLOCK 1, ADAMS-DOBMEIER 2ND SUBDIVISION, GRAND FORKS, NORTH DAKOTA, LOCATED AT 6105 GATEWAY DRIVE.

Gengler reviewed the request. He stated the property was the home of New Vision Fiberglass Inc. He stated the owners of New Vision had attempted several times to rezone the property or allow an expansion of the processing done on site. He noted the property currently is zoned B-3 and the manufcaturing activities are limited to 30% gross floor area of the building site, as stated in the code. In the early 1990’s, there was an attempt to change the code but the property remains zoned in the B-3 District. The company needs to expand and has wanted to expand for some time. An argument could be made that rezoning the area would be spot zoning. Gengler stated a later agenda item would be a similar situation on the north side of the street. The request was made to rezone the property from B-3 to I-2. Staff recommendation was to grant preliminary approval of the rezoning request.

Lee stated she was confused why staff would recommend rezoning based on the idea of spot zoning. The map did not show any I-2 around the area.

Gengler stated his opinion was that the change may be what the city ends up doing to Gateway Drive. The Gateway Design Review Board would be making recommendations in the near future and presenting proposals for the corridor.

Potter pointed on the map that further west of the discussion area the salvage yards are located and currently those businesses are zoned I-2.

Gengler presented another map indicating the proposed rezoning and the area across the road where another business would be asking for the I-2 zoning district. He stated the land uses in the area are leaning toward the I-2 District rather than B-3 District.

Lee asked if that was a proposal or idea on the Gateway project?

Gengler said there was no specific suggestion but based on the development being planned for the area and how future development may go. He said he was not suggesting a heavy industrial area with large exterior lots and manufacturing for the area, but to consider other businesses such as New Vision and the upcoming agenda item. There is also a thought about incorporating an overall PUD that specifies the types of industrial and commercial activities that would best suit the corridor. That might assist in cleaning up the corridor.

Kreun said there might be more requests for industrial type businesses along the corridor because of the access and availability. He suggested when the process is started for cleaning up Gateway Drive, the city could work with owners to make the businesses more aesthetically pleasing as well as more functional.

Matejcek asked if the business was always zoned B-3? Gengler said as far as he knew. Matejcek asked how much more of the property could be utilized if it were rezoned to I-2. Gengler answered there was no limit to the 30% if rezoned. Matejcek asked how much property could be utilized for retail sales if rezoned to I-2? Gengler said the only retail sales allowed would be that which is incidental to the business. Matejcek noted there is a portion of the business that sells truck liners and truck beds. Gengler stated there is a showroom type area. Matejcek asked if the area were to be rezoned, would it affect the retail sale portion of the business? Gengler answered that would be something staff would look at once the overall square footage was determined. New Vision plans to physically expand and then a determination would be made on the area dedicated to retail sales. Matejcek stated he would like to accommodate the business. He noted they have a nice facility, however they might not want to put themselves in a position where the retail sales would not be allowed.

Malm stated he agreed the business is one of the nicer looking facilities and they have not caused any problems like other businesses. His hope was that something could be done to accommodate them.

Kreun stated he thought the retail sales were incidental to the business, but also expressed a desire that something could be worked out to help them expand the business and still retain the retail sales portion.

MOTION BY MATEJCEK AND SECOND BY WHITCOMB TO GRANT PRELIMINARY APPROVAL OF THE REZONING REQUEST. MOTION CARRIED UNANIMOUSLY.

4-5. MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF AG PARK LLP, FOR PRELIMINARY APPROVAL OF THE REPLAT OF LOT 3, BLOCK 1, BROWN CORPORATION ADDITION, GRAND FORKS, NORTH DAKOTA, LOCATED AT 12TH AVENUE NE AND 12TH STREET NE.

Potter reviewed the request. He presented a map and discussed the special conditions for the property, focusing on condition No. 3. Potter stated the planning work for the Merrifield Interchange defined a rather large footprint for potential right-of-way to build the interchange. He said staff needed to meet with owners of Brown Corporation about how to look at a rational way to make that a reality. He requested preliminary approval of the replat and stated they would be discussing the issues with Brown Corporation owners.

Grasser pointed out that the city was asking for a 20-foot easement on the north end along 12th Avenue NE. He stated that is a conscious decision that the city was not actively pursuing enough easement to provide a full improvement of the open ditch drainage system. The easement would probably preclude the city at some future date to putting in box culverts or some sort of enclosed system. If a full open ditch improved system was anticipated, an additional 50 to 80 feet of easement would need to be required. A box culvert would probably be the likely scenario based on indications of where the future interchange would be constructed.

MOTION BY WHITCOMB AND SECOND BY KREUN TO GRANT PRELIMINARY APPROVAL OF THE REPLAT REQUEST SUBJECT TO THE FOLLOWING TECHNICAL CONDITIONS:
1. Submit title opinion.
2. Show utility easement along the north side of Lot “A” at 20-feet.
3. Plat boundary should reflect current NDDOT design for I-29 interchange.

MOTION CARRIED UNANIMOUSLY.

4-6. MATTER OF THE REQUEST FROM JERRY PRIBULA, ON BEHALF OF LAVONNE ADAMS, FOR PRELIMINARY APPROVAL OF THE REPLAT OF SHADY RIDGE ESTATES SIXTH RESUBDIVISION, BEING A REPLAT OF ALL OF SHADY RIDGE ESTATES SIXTH ADDITION, LOCATED AT DESIREE DRIVE AND ADAMS DRIVE, GRAND FORKS, NORTH DAKOTA.

Durrenberger reviewed the request. The principal owner of the property has prospective buyers who want larger lots than are currently platted. He noted this item is the replat for the easement vacations discussed under Item No. 3-4. The drainage easements previously vacated would be re-located on the replat. No additional right-of-way would be required. Staff recommendation was for preliminary approval subject to special conditions.

MOTION BY KREUN AND SECOND BY JENO TO GRANT PRELIMINARY APPROVAL OF THE REPLAT REQUEST SUBJECT TO THE FOLLOWING TECHNICAL CONDITIONS:
1. Submit title opinion.
2. Add elevation contours or spot elevations.
3. Include floodway boundary line.
4. Include 100-year floodway line as per FIRM map.
5. Include 100-year floodline as per LOMAR-F.
6. Add text for lands removed from floodplain by LOMAR-F.
7. Add curve data for line segment between Lot D, Block and Lot A, Block 2.
8. Use short version of City Council approval.

MOTION CARRIED UNANIMOUSLY.

4-7. MATTER OF THE REQUEST FROM JERRY PRIBULA, ON BEHALF OF KEITH DANKS AND SHIRLEY WEST, FOR PRELIMINARY APPROVAL OF THE PLAT FOR PRIBULA ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, BEING A PORTION OF THE SOUTH ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SECTION 36, TOWNSHIP 152 NORTH AND RANGE 51 WEST OF THE PRINCIPAL MERIDIAN, LOCATED NORTH OF U. S. HIGHWAY 2 BETWEEN NORTH 62ND AND NORTH 69TH STREETS.

Durrenberger reviewed the request. He presented a map showing the location of the proposed development and the rezoning request (referred to by Gengler under Item No. 4-4) follows the plat request. Durrenberger stated the plat provides for right-of-way along U. S. Highway 2. Staff recommendation is for preliminary approval of the plat and street and highway ordinance.

MOTION BY KREUN AND SECOND BY SMITH TO GRANT PRELIMINARY APPROVAL OF THE REQUEST SUBJECT TO THE FOLLOWING TECHNICAL CONDITIONS:
1. Submit title opinion.
2. Correct spelling of westbound lane.

MOTION CARRIED UNANIMOUSLY.

4-8. MATTER OF THE REQUEST FROM JERRY PRIBULA, ON BEHALF OF KEITH DANKS AND SHIRLEY WEST, FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO REZONE FROM B-3 (GENERAL BUSINESS) DISTRICT AND THE A-2 (AGRICULTURAL RESERVE) AND TO INCLUDE WITHIN THE I-2 (HEAVY INDUSTRIAL) DISTRICT FOR THE PRIBULA ADDITION. THE PROPERTY IS LOCATED NORTH OF U. S. HIGHWAY 2 BETWEEN NORTH 62ND AND NORTH 69TH STREETS.

Durrenberger reviewed the request. He indicated on a map the current zoning on U. S. Highway 2. The current zoning for the proposed development is B-3 and A-2 and the request was to rezone the property to I-2 (heavy industrial) District. Staff has received a site plan which is being reviewed. Durrenberger stated the owner plans to have additional landscaping for the property. There is currently some landscaping already on the property that was planted as part of the beautification program on U. S. 2. The owner intends to maintain the landscaping already in place although it may have to be re-located to construct the building. The owner plans to plants vegetative plantings on the whole area. Staff recommendation was for preliminary approval of the rezoning ordinance.

Lee asked what plantings would grow in the area. She noted the area had always been very difficult for growing plants and vegetation. Durrenberger stated it was still a problem because of the alkaline soil.

Malm recognized the owner.

Tim Pribula, 23 Sandy Hills, stated he appreciated the opportunity to address the Commission. He stated the current facility built further west involved having soil samples taken and developing a special grass seed that consisted of approximately 11 different grass seeds that helped to grow grass in a similar soil of the proposed location. Mr. Pribula showed a rendition of what they hoped to achieve. He stated the plan is to transplant larger growth trees such as seedless cottonwoods or something that would grow in an alkaline soil. He said he is very concerned about the aesthetics of the area and considerable money would be used for beautification.

Kreun said the business is similar to the New Vision business discussed earlier. The business might be industrial to a certain extent but the ability to work with owners on the aesthetic value is important. Maybe some of the expertise used for Mr. Pribula’s current business and proposed building might be utilized elsewhere. Kreun stated he had visited with Mr. Pribula about landscaping plans and one of the ideas is to use barriers for saline soil and add new soil on top. This would be quite extensive and possibly a suggestion for future businesses proposed for the area.

Mr. Pribula stated that approximately $20,000 is being budgeted for the beautification of the site. First impressions mean a lot in his business and they want a facility that is first class.

MOTION BY WHITCOMB AND SECOND BY HUTCHISON TO GRANT PRELIMINARY APPROVAL OF THE REZONING REQUEST.

Lee said she was concerned about the spot zoning. If industrial businesses with pride in the appearance were to build along U. S. Highway 2 it would improve the area. She stated she has no problem with that but if the Commission starts approving the spot zoning, someone may come in with a request that the city/commission does not want, the requestors will point to these businesses and say if it was done for them, why not me?

Kreun said the businesses discussed shows the ability to build nice facilities and maintain them. Other businesses could and should learn from these businesses on how to make their businesses aesthetically pleasing. If the businesses do not want to follow suit, then the city could say that maybe that business should not be located there.

MOTION CARRIED UNANIMOUSLY.

5. REPORTS FROM THE PLANNING DEPARTMENT:

Malm announced the Land Use Planning Subcommittee for 2015 would be meeting soon. He stated the Commission is moving rapidly to the outer limits of the land use plan based on development and discussions at this meeting. The subcommittee needs to move forward on the plan.

6. OTHER BUSINESS:

7. ADJOURNMENT.

MOTION BY MATEJCEK AND SECOND BY WHITCOMB TO ADJOURN THE MEETING AT 8:10 P.M. MOTION CARRIED UNANIMOUSLY.

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John R. Drees, Secretary

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Gary K. Malm, President