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Committee Minutes

PLANNING AND ZONING COMMISSION

MEETING MINUTES

City of Grand Forks, North Dakota

August 3, 2005

1. 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, Dorette Kerian, Curt Kreun, Paula Lee, Frank Matejcek, Sheryl Smith and Marijo Whitcomb. Absent: Mayor (Dr.) Michael Brown, Bill Hutchison, John Jeno, and Dr. Robert Kweit. A quorum was present.

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

2. READING AND APPROVAL OF MINUTES FOR JULY 6, 2005.

Malm asked if there were any additions or corrections to the minutes of July 6,
2005. There were no corrections or additions noted and Malm declared the
minutes approved as presented.

3. PUBLIC HEARINGS, FINAL APPROVALS, PETITIONS AND MINOR CHANGES:

3-1. (PUBLIC HEARING) MATTER OF THE REQUEST FROM HDD, INC., FOR FINAL APPROVAL OF THE PLAT OF PERKINS 12TH RESUBDIVISION TO THE CITY OF GRAND FORKS, ND, LOCATED ON BALSAM CIRCLE, EAST OF SOUTH 34TH STREET AND SOUTH OF 36TH AVENUE SOUTH.

Gengler reviewed Items 3-1 (plat) and 3-2 (rezoning) together. Both items received preliminary approval from the Planning and Zoning Commission and the City Council. At the July meeting for final approval, both items were held one month after negative discussion from property owners.

Malm opened the public hearing.

Gengler presented a map of the area showing lot lines.

Greg Dufault, 3781 Ruemmele Road, referred members to a letter and petition by concerned property owners that was included in their packets. He stated the developer appeared to be going through a steady change of development from what was originally presented. He presented a plat map of the property as it was planned when he and his wife purchased property in April, 2003. He explained that one cul-de-sac of proposed 12 single-family lots was approved for change to 21 townhomes. Another cul-de-sac was changed from 8 single-family lots to 16 twinhomes. Three other single-family lots were changed from single-family lots to 7 townhomes units. Sixteen-townhome lots to the north were changed to 60 apartment units. This showed a significant change in density. The character of the neighborhood has changed considerably. He indicated on the map where his lot was located and pointed out the area being proposed for replat. Mr. Dufault said he and his neighbors were not opposed to development but wanted the property to stay as originally platted and what was presented to them when they bought property.

Kreun asked about the objection to twinhomes. Mr. Dufault said they were not against twinhomes, but they bought their single-family lots with the understanding that single-family homes would be behind their properties. If there were real concerns, the development as a whole should have been looked at; not changed in a piecemeal fashion.

Kreun asked if he had viewed the drawings for the proposed change and Mr. Dufault said he had. He had also talked to Debbie Bjerke, the realtor who sells the developer’s properties. The realtor told him the proposed twinhomes would sell in the $100,000 - $190,000 range and his home is valued in the $300,000 range.

Kreun said if the property cannot be sold, the lots could be made smaller with smaller units. Mr. Dufault said it could happen and knew it would be a risk. Kreun stated the area had changed radically from the original plat. The developer had to make adjustments based on the changes that took place in and around the development such as the Target development, the park and the fact that 36th Avenue South did not have the designation of a minor arterial road. The lots have been available for sale for 7-8 years and had not sold.

Mary Jernigan, 3650 Poplar Circle, noted her cul-de-sac would be isolated as far as single-family homes if the proposed replat were approved. She also voiced concern on how that would affect the resale of her home. The lots being proposed for rezoning are empty lots and that was the reason they have not sold. The developer now wants to build twinhomes on the empty lots and if there are home already built, they would sell. If single-family homes were built, they would probably also sell. She was asked her understanding of the neighborhood and Ms. Jernigan replied she and her husband bought a home a year ago with the understanding that it would be single-family homes in and around their own single-family lot.

Kreun noted that with the apartments located across the street, their property has not been devalued; it has increased in value. If their property were to be devalued, it would probably happen with the apartments located across the street. The proposed twinhomes would not bring the value of their property down and would probably increase in value. The proposed twinhomes would be upscale and be valued at more than a lower-priced single-family home. Ms Jernigan said she was told by the developer that he was not in the business of building single-family homes. Kreun said the developer builds based on the market. The market for the area changed after the flood.

Clive Jernigan, 3650 Poplar Circle, respectfully asked Kreun if he had any financial interests in the development due to his intense interest. Kreun said he did not and would excuse himself if he had any interest in the development. Jernigan stated the area had changed dramatically and felt twinhomes were very nice, but also stated he wanted to see the proposed area left as originally planned.

Dan Stauss, developer, said he became involved in developing the area in 1995 with the original development of the apartments called Times Square. He worked on various plans and designs after that. The flood came in April 1997, as well as the road system (36th Avenue South), and finally the Target development. His company put in South Hampton Apartments which also included a buffer-line of evergreen trees. He stated his proposal was not for twinhomes but townhomes. Twinhomes mirror each other and that is not his design. The backside of the single-family homes is similar in architecture to the proposed townhomes. From the back, the proposed townhomes do not appear to be a two-home facility. Mr. Stauss showed the proposed townhome designs and explained the differences in his designs. One side is a ranch home and the other side is a split-level home. He stated he paid for the road and utilities but the special assessments are high. The areas developed after the flood were front loaded and back loaded with specials. The annual installment on one of the lots is $3,000 - $3,200 specials assessment per year. Mr. Stauss said his company had paid out $120,000 on special assessments on the six lots since development. His choices are to let the lots go back for tax forfeit, re-subdivide into much smaller lots or build a nice townhome project. He tried to do everything possible to protect the property owners. The park area has been available for a park for seven years and has yet to be made into a park. Mr. Stauss noted there were no children in the area, but there are 76 million baby boomers who want to live in a nice townhomes. He also noted he had planted hundreds of trees and shrubs in various areas of the development.

Grasser asked what would happen to the remainder of the property. Mr. Stauss said he could not promise anything on the remainder of the property. He showed two drawings for single-family homes on Ruemmele Road and although he does not like to build single-family homes, he thinks that is the right thing to do in that area.

Debbie Bjerke, 4649 Wheatland Circle, realtor marketing the lots. Part of the problem in selling lots on Balsam Circle is the competition with other new developments with specials of $10,000 per lot while unpaid specials on Balsam Circle area are approximately $23,000. Another drawback is the heavily traveled 36th Avenue South. The Shady Land area has 42 twinhomes or duplex arrangement that sold between $180,000 to 300,000. The proposed townhomes would be attached to each other but would not be an association. She agreed with Mr. Stauss that there are few children in the area; the area is made up of young professionals or retired people.

Dr. Hall wondered why the specials were so much higher than other areas of development.

Grasser explained the lots were special assessed for trunk extension on 36th Avenue South and also on the cul-de-sac. The lots also received special assessment for South 34th Street. He felt the lots in question have received most, if not all, of the expected specials against the property. He further explained that Columbia Road had not been improved and once it was, other developed areas that received a benefit would receive special assessments for that improvement. Council and city personnel are now trying to determine how to pay for trunk infrastructure that most residents don’t want to pay for; they don’t see a direct benefit for them. He speculated that this subdivision reflected all the specials that would be applied to it while other subdivisions have not. Some specials are assessed at different times and are easier to absorb; the lots in question have most or all specials now.

Lee asked why the specials are so low in the subdivision to the east if information given by the developer and realtor are correct.

Grasser said he recalled that the developer up-fronted money for the Poplar Circle cul-de-sac which did not go on the special assessments but was probably more reflected in the lot price.

Dan Stauss, developer, explained there was a city formula where they go back a certain distance based off another collector street. It did not go back far enough on the first cul-de-sac, but when the city calculates it, that amount is assessed to everything it applied to. He also explained that much of the development came about after the flood and the prices were very high. Then the Target development came in. There was a lot going on at that time.

Greg Dufault stated the specials on Ruemmele Road were very similar to the assessments on the target cul-de-sac.

Malm closed the public hearing.

Drees said a family that has invested a good portion of their life paying for a home has a right to expect an area to remain single-family if planned that way from the start. The tough times of the developer should not be on the backs of the residents that have purchased homes.

Hagness said normally he would side with the residents because they expected the zoning to remain as presented. However, the reason for planned unit developments is to allow a variety of uses and the uses change during the development. After hearing from the developer, the townhomes seem to be the highest and best use of the property. Once the development is finished, residents would see their properties are still valuable.

MOTION BY HAGNESS AND SECOND BY SMITH TO GIVE FINAL APPROVAL OF THE PLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Include document number for vacated utility easement.

Grasser wanted to mention that as the density increases in an area, there is the possibility of exceeding design calculations for storm sewer. There is no implication that there would be a problem in the area but as developments and densities change, there is always the possibility of some problems in the future. He did not suggest that the change would be a problem. An argument to make the change was the fact that 40th Avenue South would not be going through the park and that would shift traffic onto 36th Avenue South which in turn would change the designation of that street. The higher traffic on 36th would tend to argue for making the change in land use planning. The developer has to be driven by economics and his concern is when should the city or regulatory officials step in. However, the end result of the proposal would not be as problematic to existing single-family lots as might be perceived.

Kreun said he was asked why he had such an interest in the development of the area. He said he sits on the Flood Protection Committee and the Flood Relocation Committee and similar issues have been proposed. The committees have heard that that Burke Addition would be totally dismantled and the value of homes would be very low. None of that has happened and because of the development, the area has increased in value. He mentioned other cul-de-sacs in town where single-family homes are packed onto the cul-de-sacs. He said he tried to view all areas on both sides of the issue and becomes frustrated when people say some change would devalue their property. In most cases, the property is not lowered but actually increases.

ROLL CALL VOTE TAKEN ON THE MOTION INDICATED THE FOLLOWING:

VOTING AYE: LEE, HAGNESS, GRASSER, KREUN, SMITH AND MALM.

VOTING NAY: DREES, DR. HALL, WHITCOMB, KERIAN AND MATEJCEK.
MOTION PASSED 6-5.

Malm explained to the people in the audience that the Planning and Zoning Commission was a recommending body and the results would be forwarded to the City Council for a final decision. The two city council representatives, Kreun and Kerian, would be voting on the decision again.

3-2. (PUBLIC HEARING) MATTER OF THE REQUEST FROM HDD, INC., FOR FINAL APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO EXCLUDE AND REZONE FROM THE PERKINS THIRD PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 3 AND TO INCLUDE WITHIN THE PERKINS THIRD PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 4, ALL OF PERKINS THIRD, FOURTH AND FIFTH ADDITIONS AND ALL OF PERKINS SIXTH THROUGH TWELFTH RESUBDIVISIONS TO THE CITY OF GRAND FORKS, ND, LOCATED IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 151 NORTH, RANGE 50 WEST OF THE FIFTH PRINCIPAL MERIDIAN.

Gengler announced that City Council would be reviewing Items 3-1 and 3-2 on August 15. He reviewed the planned unit development which is the rezoning for the previously discussed replat. The land uses would reflect a change from R-1 (single-family) district to R-2 (one and two family) district.

Malm opened the public hearing.

Greg Dufault, 3781 Ruemmele Road, offered the same comments as submitted on the plat. The rezoning changes the character of the neighborhood and was not being developed as presented to them.

Malm closed the public hearing.

MOTION BY KREUN AND SECOND BY HAGNESS TO GRANT FINAL APPROVAL TO THE REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Verify information in the data summary table.
2. Show all appropriate data for each sub area.
3. Show approval dates and ordinance numbers for the original PUD and the subsequent amendments.

Matejcek noted to the audience that he did not always agree with Kreun but as commissioners, if there is a conflict of interest on items being discussed, commission members make a request to be excused from voting.
ROLL CALL VOTE TAKEN ON THE MOTION INDICATED THE FOLLOWING:

VOTING AYE: GRASSER, HAGNESS, KREUN, LEE, MALM AND SMITH.

VOTING NAY: DREES, DR. HALL, KERIAN, MATEJCEK AND WHITCOMB.

MOTION PASSED 6-5.

3-3. (PUBLIC HEARING) MATTER OF THE REQUEST FROM TIM AND FRANK PROPERTIES FOR FINAL APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO REZONE AND EXCLUDE FROM THE B-3 (GENERAL BUSINESS) DISTRICT AND TO INCLUDE WITHIN THE R-4 (MULTIPLE-FAMIY RESIDENCE, HIGH DENSITY) DISTRICT, LOT B, BLOCK 1 OF THE REPLAT OF LOT 27, BLOCK 1, BOYD’S 2ND ADDITION TO THE CITY OF GRAND FORKS, ND, AND LOCATED IN THE 4000 BLOCK OF 13TH AVENUE NORTH.

Gengler reviewed the request stating one phone call was received against the rezoning and that was from Patrick Cowle at 1220 Darwin. The area being rezoned from commercial to residential is one continuous lot that extends from 13th Avenue North to Gateway Drive. The replat for the area was approved earlier and split the property in two equal parts with the north lot being adjacent to Gateway Drive. It is the proposed site for an Advanced Auto Parts store and the site plan is now being reviewed. The southerly lot is the rezoning request site. A proposal to cap the overall development to 12 units was placed on the property at the preliminary level. That equates to 10.5 unit per acre development. Gengler noted there was a property to the west of the subject property that had a cap of 16 units. That property was under discussion several months ago. Staff recommendation was for final approval of the request.

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

Kerian asked if the property owner was aware of the cap. Gengler said yes and said the cap of 12 units was volunteered by the owner and developer.

MOTION BY KERIAN AND SECOND BY LEE TO GRANT FINAL APPROVAL TO THE REZONING REQUEST. MOTIO CARRIED UNANIMOUSLY.

3-4. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS LTD., ON BEHALF OF LPF PROPERTIES, FOR FINAL APPROVAL OF THE REPLAT OF LOTS 1 THROUGH 8 AND LOTS 13 THROUGH 20, BLOCK 1, NORTH PINES RESUBDIVISION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED AT 4718 THROUGH 4778 PINES CIRCLE.

Gengler reviewed the replat request for North Pines Resubdivision, stating the request was to change the existing townhome lots to single-family lots. Staff recommendation was for approval of the request.

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

MOTION BY LEE AND SECOND BY WHITCOMB TO GRANT FINAL APPROVAL OF THE REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS:
1. Submit title opinion.

MOTION CARRIED UNANIMOUSLY,

3-5. (PUBLIC HEARING) MATTER OF THE REQUEST FROM THE PLANNING DEPARTMENT FOR FINAL APPROVAL OF AN ORDINANCE TO AMEND THE TEXT OF THE LAND DEVELOPMENT CODE, CHAPTER XVIII OF THE GRAND FORKS CITY CODE OF 1987, AS AMENDED, AMENDING ARTICLE 2 ZONING; SECTION 18-0217, B-4 (CENTRAL BUSINESS) DISTRICT; SUBSECTION (2) USES PERMITTED, RELATING TO DWELLING UNITS.

Gengler reviewed the ordinance. Various entities within the city had been working for some time on an ordinance that would redefine dwelling units in the downtown. It was studied by a task force committee who presented recommendations to the council. The ordinance was introduced in July and was scheduled for second reading and final approval on August 1, 2005. It was approved by City Council on Monday, August 1 and would not receive final approval by Planning and Zoning Commission.

Malm apologized for the oversite and to Smith who was a member of the task force.

3-6. (PUBLIC HEARING) MATTER OF THE REQUEST FROM ADVANCED ENGINEERING, INC., ON BEHALF OF STEVE LOEGERING, FOR FINAL APPROVAL OF THE PLAT OF REAL PRESENCE RADIO ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, AND LOCATED IN THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 151 NORTH, RANGE 51 WEST OF THE FIFTH PRINCIPAL MERIDIAN.

Durrenberger reviewed the plat request for Real Presence Radio Addition which would allow construction of a radio tower. The current tower would be removed on Gateway Drive east of the English Coulee. He noted this was the second site proposed. The original site was located too close to the flight pattern of the UND students. UND had no concerns with the present site. The site includes future right-of-way for 40th Avenue South and also provides access to the site via a private road with an existing access off 32nd Avenue South. The access would be used for maintenance to the tower. Staff recommendation was for final approval subject to special conditions.

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

MOTION BY HAGNESS AND SECOND BY KERIAN TO GRANT FINAL APPROVAL OF THE PLAT REQUEST SUBJECT TO THE SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Supply copy of Temporary Access Easement and include document number on the plat to prove legal access to site.

MOTION CARRIED UNANIMOUSLY.

3-7. (PUBLIC HEARING) MATTER OF THE REQUEST FROM BRANDEN BARTHOLOMEW, ON BEHALF OF THE CITY OF GRAND FORKS, NORTH DAKOTA, ROBERT PANTHER AND JAY POTULNY, FOR FINAL APPROVAL (FAST TRACK) OF THE REPLAT OF LOTS 4,5,6,13,14,15 AND 16, BLOCK 16, SUNBEAM ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED AT GENTLE HILLS CIRCLE AND ROLLINGS HILLS CIRCLE.

Durrenberger reviewed the request, stating it was to replat existing residential lots to provide right-of-way the city had acquired for the flood protection project. Staff recommendation was for approval of the request subject to special conditions.

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

Lee asked about the lot lines. Durrenberger said there were existing houses on the lots. He showed on the map the area that was being changed and explained that some houses were removed from the area. When that happens, they offer the property to the adjacent landowners. If the adjacent landowner wants the property, they end up with more property than before. The property becomes wider rather than going down to the river.

Kreun said the right-of-way was purchased by the city.

Grasser said the dike was substantially completed in the area. Under the flood protection project, there were leftover small parcels of property. The city could have just replatted the leftover parcels but the decision was made to work with adjacent property owners who purchased the parcels to combine the parcel with the larger lot.

MOTION BY KERIAN AND SECOND BY WHITCOMB TO GRANT FINAL APPROVAL TO THE REPLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Change Lot “G” to Lot “F.”
3. Include square footage for Lot “F.”

MOTION CARRIED UNANIMOUSLY.

3-8. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF AG PARK LLP, FOR FINAL APPROVAL (FAST TRACK) OF THE REPLAT OF LOT 1 AND LOT C, BLOCK 1, BROWN CORPORATION ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED AT 1160 12TH STREET NE.

Durrenberger reviewed the request to replat property for storage facilities to be located on the north side of the current facility. There was no right-of-way or easements involved in the replat. Staff recommendation was for final approval of the request.

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

MOTION BY DREES AND SECOND BY WHITCOMB TO GRANT FINAL APPROVAL OF THE REPLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Change plat title to “A Replat of Lot 1 and Lot C, Block 1, Brown Corporation Addition” on drawing and in owner’s consent.
3. Invert bearings and distances on the east line of Lot D.

MOTION CARRIED UNANIMOUSLY.

3-9. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF ALERUS FINANCIAL FOR FINAL APPROVAL (FAST TRACK) OF THE REPLAT OF BLOCK 8, RENEWAL RESUBDIVISION NO. 2 TO THE CITY OF GRAND FORKS, NORTH DAKOTA, AND LOCATED AT 516 DEMERS AVENUE.

Durrenberger reviewed the request stating it was the site of the Alerus Express Bank on the corner of North 5th Street and DeMers Avenue. A portion of the property has been sold to the school district to provide parking for teaching faculty. Staff recommendation was for final approval subject to the special conditions.

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

MOTION BY WHITCOMB AND SECOND BY DREES TO GRANT FINAL APPROVAL TO THE REPLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Change lots to “A” and “B”.
3. Show and label 12’utility easement.
4. Include 100-year floodplain information.
5. Add owners’ name for Block 8 to owners consent and dedication.
6. Label all surrounding streets with current classification.
7. Show access control lines and dimension existing driveways.

MOTION CARRIED UNANIMOUSLY.

3-10. MATTER OF THE PETITION FROM ARTHUR GREENBERG, JR., AND TOM AND OLIVIA MARTINEZ FOR APPROVAL TO VACATE A RIGHT-OF-WAY AND UTILITY EASEMENT LYING ADJACENT TO LOTS B AND C, BLOCK 1 AND LOT 1, BLOCK 2, COLUMBIA PARK 22ND ADDITION, GRAND FORKS, NORTH DAKOTA.

Gengler reviewed the vacation request. The site is located east of Interstate Diesel and next to the truck plaza on 32nd Avenue South. Gengler showed a map of the vacation and pointed out location of other businesses. It was platted years ago and intended to be used as an extension of South 42nd Street. As time progressed 42nd deviates around the property and does not need to be kept on record as a public right-of-way. From that standpoint, staff recommended approval of the vacation. However, in the right-of-way is the truck plaza sign which has been an issue over the years with the planning department, city council and the sign subcommittee. There are current plans to develop the property to the east of the right-of-way and the current property owner will acquire the entire area of the vacated right-of-way. The issue of the sign still needs to be dealt with at some time and Gengler wanted commission members to realize the sign would have to be discussed at some time.

MOTION BY DREES AND SECOND BY KERIAN TO APPROVE THE VACATION REQUEST. MOTION CARRIED UNANIMOUSLY.

3-11. MATTER OF THE PETITION FROM DEACON’S DEVELOPMENT, LLP, FOR APPROVAL TO VACATE A ROADWAY AND UTILITY EASEMENT LYING WITHIN IN LOTS 4 AND 5, BLOCK 1, KANNOWSKI’S FIRST ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA,

Gengler reviewed the item and said the vacation request was part of Items 4-1 and 4-2. The area is located in Kannowski’s just east of the golf course and includes 162 acres of undeveloped property. Item 4-1 is the plat request and Item 4-2 is the rezoning request. The Land Use Subcommittee met on the issue and a decision was made to hold on the rezoning and that item would be tabled.

Gengler discussed the portion of the property that could be developed without rezoning. It would be a single-family development but in order to accomplish the goals of the replat, a portion of an existing utility easement would need to be vacated. He indicated on the large map the area to be vacated. Staff recommendation was for approval of the vacation.

MOTION BY DREES AND SECOND BY DR. HALL TO APPROVE THE VACATION REQUEST. MOTION CARRIED UNANIMOUSLY.

Kerian asked if the property was already zoned R-1. Gengler said it was zoned R-3 which allows single-family so there was no need to rezone the property at this time.

Grasser said the engineering department had not seen a master plan for the area and would probably vote no because it was an unknown entity. Although he said there was no anticipated problem with the development, he does not have a technical basis to make the proper judgment.

Matejcek asked to be excused from voting on the issue.

MOVED BY LEE AND SECOND BY DREES TO EXCUSE MATEJCEK FROM VOTING ON THE ITEM 3-11(VACATION), 4-1 (PLAT) AND 4-2 (REZONING). MOTION CARRIED UNANIMOUSLY.

Kerian asked about the remainder of the easement. Gengler said the existing easement stretches from South Washington Street to the easterly edge of the golf course. The part being requested for vacation is not needed. The remainder does coincide with the parameters of the newly platted 55th Avenue South. The plat shows only half of the roadway to be dedicated. The southerly portion is already in the 100-foot roadway and utility easement.

MOTION CARRIED FOR THE VACATION OF THE REQUEST WITH GRASSER VOTING NO.

4. COMMUNICATIONS AND PRELIMINARY APPROVALS:

4-1. MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF DEACON’S DEVELOPMENT, LLP, FOR PRELIMINARY APPROVAL OF ZAVORAL’S FIRST ADDITION, BEING A REPLAT OF LOT 4, BLOCK 1, KANNOWSKI’S FIRST ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED IN THE 5100 TO 5400 BLOCKS OF SOUTH WASHINGTON STREET.

Gengler stated he had discussed the plat in conjunction with the vacation request. Staff recommendation was for preliminary approval of the request subject to special conditions.

MOTION BY HAGNESS AND SECOND BY DR. HALL FOR PRELIMINARY APPROVAL SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. South line of plat should be the centerline of 55th Avenue South as this is the south line of existing Lot 4.
3. Remove “Outlot A.”
4. Iinclude curve data for all curved line sesgments.
5. Add access control along South Washington Street, 55th Avenue South and South 14th Street.
6. Identify east line of Section 33.
7. Label South Washington Street and add “principal arterial.”
8. Include all lot square footages.
9. Add ground contours or spot elevations.
10. Label all surrounding lands.
11. Add block numbers
12. Show 50’ utility and roadway easement south of plat boundary.
13. Show both points of curve on Lot 7.
14. Add South Washington Street as a principal arterial.
15. Label northeast corner of Section 28 and east quarter corner.
16. Include existing bikeway/utility easement along the north line of Lots 10-17.

MOTION CARRIED UNANIMOUSLY.
4-2. MATTER OF THE REQUEST FROM CPS, LTD, ON BEHALF OF DEACON’S DEVELOPMENT, LLP, FOR PRELIMINARY APPROVAL OF THE ORDINANCE TO REZONE AND EXCLUDE FROM THE KANNOWSKI’S PUD AMENDMENT NO. 1 AND TO INCLUDE WITHIN THE KANNOWSKI’S PUD, AMENDMENT NO. 2 FOR LOT 4, BLOCK 1 AND LOTS 4 AND 5, BLOCK F, KANNOWSKI’S FIRST ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, AND LOCATED BETWEEN 51ST AND 62ND AVENUE SOUTH, WEST OF SOUTH WASHINGTON STREET.

MOTION BY WHITCOMB AND SECOND BY LEE TO TABLE THE REZONING REQUEST. MOTION CARRIED UNANIMOUSLY.

4-3. MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF JED AND JENNIFER CARLSON, FOR PRELIMINARY APPROVAL OF THE PLAT OF EAST LAKE ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED IN THE SOUTHHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 151 NORTH, RANGE 50 WEST

Durrenberger reviewed the item stating the request was to plat existing residential property. The plat would provide for large residential lots and also right-of-way for 16th Street SE. The area is located east of the Burke Addition. Staff recommendation was for preliminary approval of the request subject to the special conditions.

Doug Herzog answered questions about the moray.

MOTION BY DREES AND SECOND BY MATEJCEK TO GRANT PRELIMINARY APPROVAL OF THE PLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Include 100-year floodplain line as shown on current F.I.R.M. MAP.
3. Label all curve line segments on the drawing.
4. Add vicinity map.
5. Dedicate 40-feet to public right-of-way along the east line of Section 35 and a 10-foot utility easement.
6. Supply the city of Grand Forks with copies of any private access or easement documents.
7. Add street name (16th Street SE).
8. Add names to owners consent signature line.
9. Correct plat title description as shown.
10. Plat requires street and highway ordinance and park dedication.
11. Change title to East Lake Addition.
MOTION CARRIED UNANIMOUSLY.

4-4. MATTER OF THE REQUEST FROM MICHAEL J. BROSSART FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO REZONE FROM R-4 (MULTIPLE-FAMILY, HIGH DENSITY) DISTRICT TO B-3 (GENERAL BUSINESS) DISTRICT, LOT 10 OF BLOCK 13, SKIDMORE ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED AT 1506 NORTH 6TH STREET.

Durrenberger reviewed the request stating the lot was occupied by a single-family residence. The residence is behind the original city shops and across the street from the residence is a testing facility and to the north and south are single-family homes. The rear of the residence is next to an apartment building. Durrenberger stated the recommendation was to deny since it would make an existing residence non-conforming and because it was between single-family residences.

Hagness asked about the business. Durrenberger answered the applicant installs upholstery in automobiles and the home occupation rules do not allow him to work in his garage; it must be in the home. Durrenberger said the land use was single-family but it was zoned R-4.

MOTION BY LEE AND SECOND BY KREUN TO DENY THE REZONING REQUEST.

Kerian spoke to the applicant and said they understood his need to do his work but the city needed to protect single-family residences around him. Once they made a change, it would open the area for any type of business.

MOTION CARRIED UNANIMOUSLY.

4-5. MATTER OF THE REQUEST FROM ICON ARCHITECTURAL GROUP, ON BEHALF OF ICON-McENROE LAND DEVELOPMENT, FOR PRELIMINARY APPROVAL OF THE PLAT OF McENROE’S FIRST ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, AND LOCATED IN THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, SECTION 8, TOWNSHIP 151 NORTH, RANGE 50 WEST OF THE FIFTH PRINCIPAL MERIDIAN.

Durrenberger reviewed the plat request for a commercial and residential subdivision located south of Ray Richards Golf Course and fronting on South 42nd Street across from the Alerus. The proposal shows four residential lots with multi-family zoning, townhomes in the middle and single-family homes bordering the golf course. It proposes an access road which is consistent with the overall zoning of the Gardenview Estates Concept Development Plan approved several years ago. Access to the single-family residences and townhomes would be provided by a private lot. An aerial view of the property was shown as well as a site plan of the layout of the different types of land uses. The commercial lots would be located along South 42nd Street. Staff recommendation was for preliminary approval.

MOTION BY KREUN AND SECOND BY DR. HALL FOR PRELIMINARY APPROVAL SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Label South 42nd Street as a future principal arterial and dedicate 70-feet of right-of-way.
3. Show all monuments found and set.
4. Show access control along all of South 42nd Street and the south line of Lot 3 as shown.
5. Remove right-of-way access from the north side of Lot 1.
6. Include land description with owner’s consent and dedication.
7. Submit utility master plan for all areas north of 11th Avenue South.
8. Provide vehicle turn-around area on east end of 9th Avenue South.

MOTION CARRIED UNANIMOUSLY.

4-6. MATTER OF THE REQUEST FROM ICON ARCHITECTURAL GROUP, ON EHALF OF ICON-McENROE LAND DEVELOPMENT, FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO REZONE AND EXCLUDE FROM THE GARDEN VIEW ESTATES AREAS 6-1, 7-1 AND 7-2 AND TO INCLUDE WITHIN THE McENROE FIRST PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, ALL OF THE McENROE FIRST ADDITION, LOCATED IN THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, SECTION 8, TOWNSHIP 151 NORTH, RANGE 50 WEST OF THE FIFTH PRINCIPAL MERIDIAN.

Durrenberger reviewed the zoning request, stating that B-3 type uses would be along South 42nd Street (2 lots). The staff report in the packets indicated the PUD should be denied as submitted and maintain consistency with the existing commercial development to the south of 11th Avenue and also to reduce the impacts from the commercial development on the multi-family and single-family properties to the south as shown on the map of the Garden View Estates Concept Development Plan.

Mike Kuntz, 275 Elks Drive, spoke on the plans for the development. They submitted a second plan when they knew of staff’s concern regarding buffering of the residential area. They switched to B-1 type uses on the lots behind the two B-3 lots. Mr. Kuntz said they were open to working with staff to limit some of the uses. They want to develop the corner utilizing the views of the golf course and the proposed Canad Inn. Their idea is for a medical group or professional office type group. They do not envision fast food or high impact type uses. The current zoning allows them to put up 54-plex apartment buildings and that is not their plan.

Todd Mitzel, 2108 7th Avenue North, showed the plan for the zoning in place in 1994, which was prior to the Alerus and the Canad Inn developments. The area has changed since 1994 and some of the uses need to change based on the existing development.

Mr. Kuntz stated they had discussed the plan with Mr. Crary, the owner and developer of the Garden View Estates area and he was in agreement with their proposal.

Mr. Mitzel spoke of the commercial setback, stating the 325-foot strip is deviated at the corner of 17th Avenue South. They are on the north end of the strip and want the same type of bow end effect.

Kreun stated the area was included in his ward as a city councilman. He had talked to two people in the area and both felt good about the development. They are concerned about the current zoning and know a huge multi-family apartment complex could be built on the property. They were not opposed to the 600 feet of commercial. The owner of the undeveloped property next to them said it was fine with him. He said he would not object if he were treated the same and he also wanted to develop with commercial frontage along South 42nd Street. The only difference is that the adjacent property would abut against residential property if developed to a depth of 600 feet on 11th Avenue South. Kreun said he told the adjacent property owner that would probably not be allowed because of the residential development behind. However, if he could reduce the commercial frontage 300 feet south (middle of his property) from 600 feet to 300 feet and keep the townhouse complex, he indicated that would be adequate as well.
He asked that ICON Architectural Group send a letter and drawing to the residents even though most of the residents are well beyond the 400 feel that is required for notification. Originally the whole property was planned to go 600 feet back to the golf course.

Grasser noted it was always difficult to know the appropriate time for staff to comment on utilities and he has not seen a master plan for the area. He said the storm water runoff may need to be attenuated in the development. The storm water system is already constructed in the area. Grasser said a holding pond was not typically shown on the concept level and it may not be needed, but he wanted it to be discussed and considered. There may be issues of availability to handle the storm water runoff. City engineers need to see the master plan.

Mr. Kuntz stated the corridor had changed after the flood and now there is a 13-story building about to break ground. With the golf course property and other buildings, their firm has a concept to fit the location.

Kreun asked what kind of controls would have to be in place to maintain a nice development. Durrenberger stated the B-1 allows the flexibility for R-4 zoning.

MOTION BY KREUN AND SECOND BY DR. HALL TO GRANT PRELIMINARY APPROVAL OF THE ICON SUBMITTED PUD REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Label South 42nd Street as a future principal arterial.