Committee Minutes

PLANNING AND ZONING COMMISSION

MEETING MINUTES

City of Grand Forks, North Dakota

November 2, 2005

1. MEMBERS PRESENT

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

Staff present included Dennis Potter, City Planning Director; Charles Durrenberger, Senior Planner; Brad Gengler, Senior Planner; and Carolyn Schalk, Administrative Specialist, Senior. Absent: None.

2. READING AND APPROVAL OF MINUTES FOR OCTOBER 5, 2005.

Malm asked if there were any additions or corrections to the minutes of
October 5, 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 GREG OPP, ON BEHALF OF ROAD RUNNER, LLC, FOR FINAL APPROVAL OF AN ORDINANCE TO REZONE AND EXCLUDE FROM THE R-2 (ONE AND TWO FAMILY RESIDENCE) DISTRICT THE EASTERLY FORTY (40) FEET OF LOT 11, BLOCK 9, WESTACOTT’S SUBDIVISION (TO BE REPLATTED AS LOT A, BLOCK 9, OF THE REPLAT LOTS 11 AND 12, BLOCK 9, WESTACOTT’S SUBDIVISION), AND TO INCLUDE WITHIN THE B-3 (GENERAL BUSINESS) DISTRICT THE EASTERLY FORTY (40) FEET OF LOT 11, BLOCK 9, WESTACOTT’S SUBDIVISION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, AND LOCATED AT 1734 12TH AVENUE NORTH.

Durrenberger reviewed the rezoning request. He stated that in May the commission gave approval to rezone the property from B-3 to R-2 in order to allow the owner to move a home onto the site. Since then, the owner has determined that the eastern portion of the property was not needed for the home and wanted to rezone that portion back to B-3. In September, the commission gave final approval for replatting the property and moving the existing property line to the east. This created a 50-foot lot for the home and 40-foot lot to the east. The commission gave preliminary approval to the rezoning request in October. Staff’s recommendation is to grant approval of the rezoning request.

Malm opened the public hearing.

Dale Bergman 1810 12th Avenue North, asked that the rezoning be denied. The residents do not want to have the property rezoned back to the B-3 District. There have been complaints on the property and they have been unable to get anything done about the problems that have existed on the problem. While the property was zoned as B-3, the owner parked equipment on the property. He showed pictures of equipment on the property. During the winter, there are large snow piles on the property and it becomes a mess for the residents in the area. Mr. Bergman also showed pictures of the snow piles and the mess that occurred during spring snowmelt with garbage. The residents do not want that. He stated that last winter he counted 85 truckloads of snow being dumped on several lots owned by the same owner. According to law, the snow that falls on those lots can be moved and piled up but snow cannot be hauled in from other existing properties and piled there. There is no runoff for the snow and eventually drains into surrounding neighbors’ basements. A B-3 zoning is supposed to be developed commercial property and the area is not developed. On developed commercial property, there is supposed to have a building on it with fencing. The residents want to leave the property in the R-2 zone.

Kerian asked if the residents had approached the city about the issues and what had been done about it.

Mr. Bergman said they had dated pictures to show when they contacted the city about the problems on the property but nothing seemed to get resolved with it. He said he’s owned his property for 24 years and every year complaints are made. They felt that once it was rezoned to an R-2 zone, it would get better. They want a residential zone. The residents have tried to work with the owner of the property but he will not work with them.

Kerian asked city staff about the situation.

Bev Collings, Building and Zoning Administrator, stated there was no specific regulation in the code for snow dumps. Usually when something is not regulated, it is not allowed, but there is no clear sense of that issue. They have tried to work with the neighborhood over the years by having the trash picked up in the spring. Once the snow covers the area, they cannot do anything about it. There may be more weight to not allow snow dumping in an R-2 area rather than a B-3 area; the R-2 zone might help alleviate the problem. She said there were two separate issues for the property: one was the trailers and the other was the snow dumping. The issue of the trailers being parked on R-2 property is a more clear issue and can be dealt with. The snow dumping is another issue. There is nothing specific in the code for snow dumping.

Jeff Whalen, 1801 12th Avenue North, stated he lived across the street from the area. He bought a home in the north end since he was raised there and had family in the area. He was concerned with the trailers and equipment parked on the lots. He respectfully asked that the R-2 zoning remained and felt that better pressure could be brought on the owner with the R-2 zoning rather than B-3.

Greg Opp, 3733 17th Avenue South, said he appreciated the concerns of the neighborhood. He is not the owner of the property but is doing the construction work and redeveloping the property. There is a house being moved to the residential lot and they are planning to have a six foot cedar fence around the area with buffers around the property. The fencing will hide any equipment. Mr. Opp said he really did not know what to do with the snow issue. If the snow was hauled off, there would be even more noise as far as trucks and beeping. He noted the property was always in the B-3 zone and he made a mistake when he rezoned the amount he did.

Lee said she knew the snow was a problem but asked what plans are being made to alleviate water from going into the neighbors’ basements.

Mr. Opp said that would not happen anymore because a house was being built next door.

Mr. Bergman said there were 85 truckloads of snow hauled in at 1 a.m. Mr. Opp said he does the snow removal and they do not haul it in the middle of the night; the snow is hauled in during a snow event during the day.

Mr. Bergman said he would have to deny that because he saw them hauling the snow to the lots. The snow was not pushed in with a frontloader. It was hauled in in truckloads early in the morning.

George Litzinger, 1821 12th Avenue North, stated he would have to disagree with Mr. Opp. The property was not always B-3 zoning. Years ago it was all residential and was later put into B-3.

Brian Schafer, 1802 12th Avenue North, said the snow was hauled in from a half a block away and he catches all the water.

Carol Hansen, 1727 12th Avenue North, stated that Acme Electric’s lot is the view she has from her window. She said she was tired of the mountain of snow and the trash from them that blows in her yard every spring. The residents should not have to put up with that with the amount of taxes they pay. The problem has gone on for years and the city does not do anything about it.

Greg Opp said the snow was an enforcement issue and maybe they could find another place to put the snow. They want to rezone a portion of it back to B-3 and they will fence it in which should solve the problems with the view. There are two lots there that are zoned B-3 that trailers could be stored.

Kreun asked Mr. Opp to show them on the drawing where the lot was that would contain the house and the lot he wanted to rezone back to B-3. Mr. Opp showed this on the drawing and said it would all be screened.

Durrenberger stated that bufferyard E is 15-feet wide and the fence would be behind the bufferyard and would contain vegetation on the residential side. There is a restriction of a 15-foot setback in the front yard and that would require a bufferyard B. The fence is not a requirement for bufferyard B as it is for bufferyard E, the owner will fence the entire area and meet the required bufferyards.

Kreun asked if there was an ordinance for dumping of snow on a residential lot.

Collings said they could not find anything for that but there is more ground for the residential lot than the commercial lot. Kreun asked if there was an ordinance regarding dumping snow on a commercial lot and Collings replied there was no ordinance either way. She noted that the bufferyard shown on the plan is what is required between a B-3 and R-2 zone.

Hutchison asked Mr. Bergman if the rezoning were granted and the bufferyard and fencing were in place as required, would that be acceptable? Mr. Bergman said they would prefer that it remain in an R-2 zone because that is a residential zone. If the rezoning takes place, they want to make sure the buffering and fencing is in place. However, he questioned if snow would be hauled to the lots that are being fenced and buffered. If so, what about the runoff from the snow?

Discussion continued on the width of the lot being rezoned and the continuation of B-3 zoning to the east of the area as well as the snow storage.

Grasser stated there seemed to be confusion about the planning and zoning requirements in order to develop a lot. If the B-3 lot is developed with a building and a parking lot, there are certain requirements that must be met. As an undeveloped B-3 lot, the fence is not a requirement and is the reason it was not installed in the past. The action on Mr. Opp’s part is voluntary to try and meet the same intent of B-3, but he is not required to do so. He is doing it as a mitigation effort. He further explained that snow piling was done on Lots 9, 10, 11 and 12 in the past. Now a residential home is being built on Lot 12 which provides a buffer to the existing homes and putting in the bufferyard will greatly improve the area. Grasser said it was a step in the right direction.

Lee asked what guarantee or requirement is in place to make sure the bufferyard is put in.

Durrenberger said there were two different bufferyards. Bufferyard E would be on the west side of the lot and has a fence (six feet) as part of the requirements in addition to the vegetation. Mr. Opp was told there was a 15-foot setback for the fence and he agreed the fence would be moved back. When a B-3 zone is across the street from an R-2 zone, a bufferyard B is required for the developed lot, but bufferyard B does not require a fence. The developer proposed to put in the fence. The bufferyards are minimum requirements. If the developer chooses to place a fence behind the bufferyards, it is considered an improvement. Durrenberger said they could put in more buffering than required

Lee asked if the site plan was in place that showed what was planned. Could they change their mind?

Dr. Kweit asked if the rezoning could be approved subject to the fence. Malm answered yes.

Malm closed the public hearing and returned the issue to the commission.

MOTION BY DR. KWEIT AND SECOND BY KERIAN TO GRANT FINAL APPROVAL OF THE REZONING REQUEST SUBJECT TO THE INSTALLATION OF THE BUFFERS PRESENTED ON THE PLAN AND THE SIX-FOOT HIGH FENCE.

Kerian said she thought this would give the neighborhood what they were looking for. It would narrow the space where snow could be stored and would be a good solution.

Hutchison asked if a requirement that snow could not be stored on those properties be included in the motion. Malm answered that would not be a decision by the commission.

Matejcek stated that one of the lots would now be a developed lot. When a vacant lot is available, snow is dumped on it. With a developed lot, there would be definite boundaries and this appears to be a good solution for the neighborhood.

MOTION CARRIED UNANIMOUSLY.

3-2. (PUBLIC HEARING) MATTER OF THE REQUEST FROM AL MERCIL FOR APPROVAL OF A VARIANCE (SECTION 18-0907(2)(L)(3)) FOR UNPLATTED BOMMER TRACT (FALCONER TOWNSHIP-SECTION 31, LOCATED AT 2677 NORTH 42ND STREET, FOR THE PURPOSE OF VARYING THE ACCESS ONTO A MINOR ARTERIAL STREET REQUIREMENT FROM 660 FEET TO 85 FEET.

Durrenberger reviewed the request stating the owner wanted to construct a warehouse. The owner submitted a site plan showing access on North 42nd Street. The requirements under the subdivision regulations stipulate that access onto a minor arterial street can be no less than 660 feet. The proposed access is approximately 80 feet from the corner to the desired or proposed curb cut. The property currently is accessed from 27th Avenue North (local street), approximately in the center of the old farmyard access. Staff recommendation is for denial for the following reasons or considerations: there is some concern on what will happen to the north. The future high traffic volumes could require intersection improvements. The proximity to the intersection is a concern. There is another driveway immediately on the south border for the southern property and the driveways would be in close proximity. The accesses along 42nd Avenue North, there are several corner lots that do not have access onto 42nd Avenue South. They were required to develop access of the east-west road. Another consideration for denial was that the property has a current access.

Matejcek noted the property had never accessed onto 42nd Avenue North; access was always onto 27th Avenue North. He asked why the driveway on 27th Avenue North would not work.

Durrenberger stated Mr. Mercil’s plan was to have trucks come off 42nd Avenue North (paved road). The 660 feet from the intersection does not apply to 27th Avenue North because it is a local street.

Malm opened the public hearing.

Al Mercil, 2598 North 43rd Street, said there was very little development to the north. In order to utilize the property the way he wants, he needs to enter trucks from the concrete road on 42nd Avenue North. If he cannot access off 42nd Avenue North, he cannot utilize the property as he wants to.

Lee asked about the next property with a driveway and how far it was from the intersection. Durrenberger stated the driveway is 160 feet from the corner but also noted the property with the driveway does not belong to Mr. Mercil.

Durrenberger showed the aerial photo of the property with existing driveways. Mr. Mercil said that driveway would not work for his property. Semis and tractor-trailers are often 53 feet long and using the existing driveway (not on his property) and maneuvering around to the front of the building would not work.

Kreun asked Mr. Mercil questions about adjoining properties. Mr. Mercil stated he had property on 26th Avenue North but it was not big enough for what he is doing so he sold it and bought the Bommer Tract that he though would work, but only if he can have access off 42nd Avenue North.

Kreun said he understood the problems. However, Terry Dymowski has asked to have a driveway access off 42nd Avenue North (empty lot at North 26th Street and 42nd Avenue North) in the past and was turned down.

Mr. Mercil was asked if he could see about sharing the existing driveway. He said it would not work with the trucks coming in from the south side of the building.

Grasser said as part of the request, Mr. Mercil asked for a wider driveway. Engineering Department tried to superimpose the turning radiuses of the trucks onto the area and in order for it to work, Mr. Mercil needs a 40-foot wide driveway. If the variance goes through, Grasser said he would also give him the driveway variance. The building is not set back a long way from 42nd Avenue North so if the driveway was shifted south to the property line, there is not enough room to maneuver the truck from the common property line into the building.

MOTION BY GRASSER AND SECOND BY JENO TO APPROVE STAFF’S RECOMMENDATION FOR DENIAL OF THE VARIANCE. MOTION FAILS.

MOTION BY KREUN AND SECOND BY DR. HALL TO APPROVE THE VARIANCE REQUEST. ROLL CALL VOTE INDICATED THE FOLLOWING: VOTING AYE: DREES, DR. HALL, HUTCHISON, KREUN, SMITH AND MATEJCEK. VOTING NAY: LEE, GRASSER, DR. KWEIT, WHITCOMB, KERIAN, JENO AND MALM. MOTION FAILS 7-6.

Malm said the item is to be sent back to staff since no decision was made on the issue.

Matejcek asked if Mr. Mercil is forced to have his access off 27th Avenue North, it can be as big as he wants?

Grasser stated there are limits to the width of the driveway but he would have no issues as far as setback or distance from the intersection because it was a local street. He further noted he would not have any problem granting the widest driveway he had the power to grant.

Malm said since no action was taken by planning and zoning, the item would go to the city council for approval or denial or a referral back to the commission.

3-3. (PUBLIC HEARING) MATTER OF THE REQUEST FROM STEVE ADAMS, ON BEHALF OF ART GREENBERG, FOR THE APPROVAL OF AN ORDINANCE AMENDING THE STREET AND HIGHWAY PLAN FOR THE REPLAT OF LOT 1, BLOCK 2, COLUMBIA PARK 22ND ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED IN THE 3500 BLOCK OF SOUTH 42ND STREET.

Durrenberger requested the item be tabled.

MOTION BY DR. KWEIT AND SECOND BY DREES TO TABLE THE ISSUE FOR ONE MONTH. MOTION CARRIED UNANIMOUSLY.

3-4. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF SOUTHERN ESTATES, LLP, FOR FINAL APPROVAL OF THE PLAT OF SOUTHERN ESTATES 5TH ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED WEST OF SOUTH 20TH STREET, SOUTH OF THE DRAINWAY AND NORTH OF 43RD AVENUE SOUTH.

Gengler reviewed the request stating staff recommended final approval of the plat subject to the technical changes. He showed the entire Planned Unit Development (PUD) and the relationship of the plat on the PUD. The PUD has grown from the south going north and Gengler noted there was not a lot of land left to be developed as residential.

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

Lee noted there was a road named “drive” between 41st Avenue South and 42nd Avenue South and wondered what it would be called. Gengler said there was no direction in the code for naming a half street. There are discussions underway for naming the street.

Dr. Kweit noted that “drive” indicates changing direction. Gengler said that was correct and at this time, they are not sure what will happen immediately to the west. A name will be decided prior to final approval.

MOTION BY DREES AND SECOND BY LEE TO GRANT 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. Provide backyard drainage plan.
3. Include spot ground elevations or contours.
4. Include a 10-utility easement along the west line of South 22nd Street. A separate document may be necessary.
5. Submit a utility master plan, including roadway network for all undeveloped land west of this plat.
6. Name 41-1/2 Avenue South.

MOTION CARRIED UNANIMOUSLY.

3-5. (PUBLIC HEARING) MATTER OF THE REQUEST FROM NELS AND MARGARET ELLERTSON, FOR FINAL APPROVAL (FAST TRACK) OF PLAT OF ELLERTSON’S FIRST RESUBDIVISION (BEING A REPLAT OF ELLERTSON’S ADDITION AND A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 152 NORTH, RANGE 50 WEST KNOWN AS HUMBLE OIL TRACT) TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED WEST OF NORTH 42ND STREET BETWEEN GATEWAY DRIVE AND 16TH AVENUE NORTH.

Gengler reviewed the plat request and stated staff’s recommendation was for final approval subject to the special conditions. The purpose of the plat is to combine some properties to the north in one platted lot and the remaining two lots to the south will be increased. Gengler said it cleans up the area as far as the platting process goes.

Malm opened the public hearing. There was no one to speak and the public hearing was closed. Malm directed the issue back to the commission members.

Kreun asked if building would take place on the property. Gengler showed the aerial photo of the area and stated the northerly portion of the property is owned by Community Contractors and a portion to the south will be conveyed to Community Contractors when the plat is approved. Also, there is a warehouse on property owned by Community Contractors. The three parcels are being joined into one property and owned by Community Contractors.

MOTION BY WHITCOMB AND SECOND BY DR. KWEIT TO GRANT FINAL APPROVAL TO THE PLAT REQUEST, SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Expand plat boundary to include all of Ellertson’s Addition.
3. Revise plat title to read: Ellertson’s First Resubdivision and include lands know as “Humble Oil Tract” in title.
4. Insert new plat title in owner’s certificate.
5. Add Henry Ellertson as a plat signer.
6. Dimension and label existing fire lane and turnaround easements.
7. Show monument set at all lot corners.
8. Add Lots D & E and show lot areas.
9. Extend 10-foot utility easement along 16th Avenue North, north and east through lands know as the “Humble Oil Tract.”

MOTION CARRIED UNANIMOUSLY.


3-6. (PUBLIC HEARING) MATTER OF THE REQUEST FROM THE PLANNING DEPARTMENT FOR FINAL APPROVAL OF AN ORDINANCE TO AMEND THE GRAND FORKS CITY CODE; CHAPTER XVIII, LAND DEVELOPMENT; SECTION 18-0301 AND SECTION 18-0401 RELATING TO SIGNS AND NON-CONFORMING SIGNS.

Potter explained the ordinance was not ready and asked that the item be tabled
until December’s meeting.

MOTION BY DR. KWEIT AND SECOND BY WHITCOMB TO TABLE
THE ISSUE UNTIL THE DECEMBER MEETING. MOTION CARRIED
UNANIMOUSLY.

3-7. MATTER OF THE REQUEST FROM MIKE YAVAROW, ON BEHALF OF THE CITY OF GRAND FORKS, ND, FOR APPR0VAL TO VACATE ALL OF RIVER STREET LYING SOUTH OF BLOCKS 2 AND 3 AS SHOWN ON THE PLAT OF IDDINGS ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA.

Durrenberger reviewed the vacation request stating it was connected to the replat on the next item. The property has been purchased by the city and the road is no longer needed.

MOTION BY DR. KWEIT AND SECOND BY HUTCHISON TO GRANT APPROVAL OF THE VACATION REQUEST. MOTION CARRIED UNANIMOUSLY.

4. COMMUNICATIONS AND PRELIMINARY APPROVALS:

4-1. MATTER OF THE REQUEST FROM MIKE YAVAROW, ON BEHALF OF THE CITY OF GRAND FORKS, ND, GARRY A. PEARSON, AND LESLIE A. SOINE, FOR PRELIMINARY APPROVAL OF THE REPLAT OF LOTS 1, 2, 3 AND 4, BLOCK 3 AND PARTS OF LOTS 1, 2, 3 AND 4 AND LOTS 5, 6 AND 7, BLOCK 2, IDDINGS ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED SOUTH OF FOURTH AVENUE SOUTH AND EAST OF RIVER STREET.

Durrenberger reviewed the request stating it was flood project related replat. Staff’s recommendation is to approve the replat subject to the special conditions shown.

Malm asked why the replat was not fast tracked. Durrenberger said there might be issues or concerns that need to be considered before final approval.

MOTION BY GRASSER AND SECOND BY KREUN TO GRANT PRELIMINARY APPROVAL OF THE PLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Label existing Blocks 2 and 3 of Iddings Addition.
2. Expand plat boundary to include all of Lots 4-11 of Auditor’s Subdivision No. 6.
3. Combine Lot 4 of Auditor’s No. 6 with Lot B of Iddings Addition as the same person owns both parcels.
4. Combine Lot 5 of Auditors Submit title opinion.
5. No. 6 with Lot C of Iddings Addition as the same person owns both parcels.
6. Combine Lot 6 of Auditors No. 6 with Lots D and E of Iddings Addition as the same person owns all parcels.
7. Include a vacation for River Street to run with this plat.
8. Change plat name to Auditors Resubdivision No. 37.
9. Plat acceptance gives a variance to 18-09078(5)(A) of the land development code relating to lot area and size.
10. Correct plat title on drawing and in owner’s certificate.

MOTION CARRIED UNANIMOUSLY.

4-2. MATTER OF THE REQUEST FROM TIM CRARY, ON BEHALF OF CRARY DEVELOPMENT, FOR PRELIMINARY APPROVAL OF THE PLAT OF HIGHLAND POINT FIRST ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED IN THE NORTHEAST CORNER OF 40TH AVENUE SOUTH AND SOUTH 19TH STREET.

Gengler reviewed the request and stated that Items 4-3 and 4-4 are also attached to the plat request. The property is commonly known as the Gransberg property and Crary Development has since purchased the property. It is over 80-acres of a new Planned Unit Development (PUD). The first part being platted is the Highland Point First Addition. The plat creates 44 single-family lot, 13 units on 26 lots for townhomes and an area to be dedicated for park purposes located on the southwest corner of the property. The park property designation will be approximately 3.5 to 4 acres. The plat is subject to the park and open space requirement and Mr. Crary has already discussed the park with the park district. Staff’s recommendation is for preliminary approval subject to the special conditions shown.

Dr. Kweit asked if 40th Avenue South would be constructed. Grasser answered the project for the sanitary sewer is now underway on 40th Avenue South. That was started with the idea that 40th Avenue South would not be paved right away. They are putting the sewer under the street which they try to avoid. Although there are no plans at the present time to pave 40th Avenue South, it will probably happen along with the development. The development does not extend all the way to Washington Street so 40th Avenue South would probably be constructed in segments or be a temporary street until the whole area is completed.

Gengler noted the development will be adjacent to the Cottage Homes Addition approved earlier in the year.

Some discussion ensued on the owner of the property still undeveloped just south of 32nd Avenue South.

Lee asked where the main entrance to the property would be. Gengler replied it would be off South 20th Street heading south. There will be further development in the future to the east and three north/south streets that will connect to 40th Avenue South.

Grasser stated that South 20th Street is presently paved down to 40th Avenue South and next year 40th Avenue South would be paved from the westerly side to South 20th Street, but there are no plans presently to pave 40th Avenue South that is shown on the proposed plat.

MOTION BY HUTCHISON AND SECOND BY DR. KWEIT 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. Plat requires 8% Park Dedication.
3. Plat requires annexation.
4. Name South 17th Street, South 18th Street and 38th Avenue South as shown.
5. Temporary turnaround area will require a separate document from landowners as it is outside the plat boundary.
6. Include all block numbers.
7. Label parklands as Lot 1, Block 1.
8. Show footage on all lot curve segments.
9. Add access control lines for the west line of Lot 1, Block 5; the south lines of Lot 1, Block 1; Lots 1 and 17, Block 2; Lots 1 and 18, Block 3; and Lot 1, Block 4.
10. Show spot elevations or ground contours.
11. Plat requires street and highway ordinance.
12. Include land description in owner’s certificate.
13. Change easements along 40th Avenue South and South 20th Street to 10-foot water, sewer and pedestrian/bikeway usage (along right-of-way) and five-foot utility easement to total 15 feet.
14. Submit utility master plan including proposed roadway network for all undeveloped lands north of 40th Avenue South.

MOTION CARRIED UNANIMOUSLY.
4-3. MATTER OF THE REQUEST FROM TIM CRARY, ON BEHALF OF CRARY DEVELOPMENT, FOR PRELIMINARY APPROVAL OF THE ORDINANCE TO AMEND THE ZONING MAP TO EXCLUDE FROM THE A-1 (LIMITED DEVELOPMENT) DISTRICT, THE A-2 (AGRICULTURAL RESERVE) DISTRICT AND THE B-3 (GENERAL BUSINESS) DISTRICT AND TO INCLUDE WITHIN THE HIGHLAND POINT PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, ALL OF HIGHLAND POINT FIRST ADDITION, TO THE CITY OF GRAND FORKS, NORTH DAKOTA, AND ALSO TO INCLUDE UNPLATTED LANDS LYING IN SECTION 21, TOWNSHIP 151 NORTH, RANGE 50 WEST OF THE FIFTH PRINCIPAL MERIDIAN, ALL LOCATED BETWEEN SOUTH WASHINGTON STREET AND SOUTH 20TH STREET AND BETWEEN 36TH AVENUE SOUTH AND 40TH AVENUE SOUTH.

Gengler reviewed the request showing the plan for the entire Planned Unit Development (PUD). The total gross acreage is 81.22; R-1 and R-2 uses is 24.3 acres; R-4 uses is 18.35 acres; B-3 uses is 15.18 acres; street right-of-way is 16.89 and the park land is approximately 4 acres. Gengler said the park acreage is the only discrepancy that needs to be verified. There is a good mix of residential and commercial uses in the PUD. The only part being platted is the portion designated as Highland Point First Addition. The remainder will remain in the PUD until some future date.

Grasser stated they had plans in the engineering department for 36th Avenue South to go through and authorization to treat it as a collector type street even though it is not on the functional classification. He asked if Gengler knew what the intent was for the street. Gengler said it had not been discussed as yet. Staff will clear up all the questions before final approval.

Kerian asked questions on the various residential uses wanted to be sure that the uses would transition in the proper order.

MOTION BY KERIAN AND SECOND BY KREUN TO GRANT PRELIMINARY APPROVAL OF THE REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOW ON OR ATTACHED TO THE REVIEW COPY:
1. Conditions will be submitted in detail at final approval.

MOTION CARRIED UNANIMOUSLY.

4-4. MATTER OF THE REQUEST FROM TIM CRARY, ON BEHALF OF CRARY DEVELOPMENT, FOR APPROVAL OF AN ORDINANCE TO ANNEX ALL OF A 25.82 ACRE PARCEL OF LAND BEING PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 151 NORTH, RANGE 50 WEST AND LOCATED IN THE NORTHEAST CORNER OF 40TH AVENUE SOUTH AND SOUTH 19TH STREET (HIGHLAND POINT FIRST ADDITION).

Gengler reviewed the request stating there were no other property owners other than Crary Development. The standard 140-foot wide rule is being applied just east of what is being platted as right-of-way for South 20th Street. The only other minor connection is the small-notched area between the subject plat and the previously approved plat for Cottage Homes Addition. To make it consistent and abide by the 140-foot rule, the gap is covered through the annexation process.

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

4-5. MATTER OF THE REQUEST FROM THE PLANNING DEPARTMENT FOR DETERMINATION OF FITTING AND COMPATIBLE LAND USE FOR HOTELS, AQUATIC CENTERS, CINEMAS, ENTERTAINMENT FACILITIES AND B-3 (GENERAL BUSINESS) DISTRICT TYPE USES IN GENERAL WITHIN THE EC (EVENT CENTER) SUB-AREA WITHIN THE DANKS PUD (PLANNED UNIT DEVELOPMENT).

Gengler reviewed the request stating Items 4-5 and 4-6 go together. The first item is the fitting and compatible determination. He spoke on the Canad Inn project and said that over time, the city had entered into negotiations and agreements to build the Canad Inn onto the Alerus. Gengler said the determination of fitting and compatibility is a housecleaning measure. He requested that fitting and compatible land uses be determined acceptable in the EC (Event Center) sub-area within the Danks PUD (Planned Unit Development): hotels, acquatic centers, cinemas, entertainment facilities and B-3 (General Business) District type uses.

Kreun asked Dr. Kweit if this would have any affect on the new sign ordinance configuration.

Dr. Kweit said it would not change the ordinance since it was in a PUD.

MOTION BY KREUN AND SECOND BY DREES TO FIND HOTELS, ACQUATIC CENTERS, CINEMAS, ENTERTAINMENT FACILITIES AND B-3 (GENERAL BUSINESS) DISTRICT TYPE USES AS FITTING AND COMPATIBLE LAND USES IN THE EC (EVENT CENTER) SUB-AREA WITHIN THE DANKS PUD (PLANNED UNIT DEVELOPMENT). MOTION CARRIED UNANIMOUSLY.

4-6. MATTER OF THE REQUEST FROM THE GRAND FORKS PLANNING DEPARTMENT FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO EXCLUDE FROM THE DANKS PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 1, AND TO INCLUDE WITHIN THE DANKS PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 2, ALL OF DANKS ADDITION AND DANKS 2ND RESUBDIVISION TO THE CITY OF GRAND FORKS, ND AND ALSO TO INCLUDE UNPLATTED LAND LYING IN THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 151 NORTH, RANGE 50 WEST OF THE 5TH PRINCIPAL MERIDIAN, ALL LOCATED BETWEEN DEMERS AVENUE AND 17TH AVENUE SOUTH EXTENDED AND BETWEEN SOUTH 42ND STREET AND I-29 RIGHT-OF-WAY.

Gengler reviewed the request stating the zoning amendment would allow hotels, aquatic centers, cinemas, entertainment facilities and other B-3 (General Business) District type uses within the area designated as EC (Event Center).

MOTION BY DR. KWEIT AND SECOND BY HUTCHISON TO GRANT PRELIMINARY APPROVAL OF THE REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:

SUBMIT A REVISED CONCEPT DEVELOPMENT PLAN THAT REFLECTS THE FOLLOWING COMMENTS:
1. Show Amendment No. 2 in the title.
2. Show approval info for Amendment No. 1 and state the purpose of the Amendment.
3. Show approval info for Amendment No. 2 and provide the info regarding the specific changes following preliminary approval.

MOTION CARRIED UNANIMOUSELY.

4-7. MATTER OF THE REQUEST FROM THE PLANNING DEPARTMENT FOR DETERMINATION OF FITTING AND COMPATIBLE LAND USE FOR A LAWN CARE SERVICE BUSINESS IN THE B-3 (GENERAL BUSINESS) DISTRICT.

Gengler reviewed the request stating an interested party wanted to purchase some property in the B-3 District for a lawn care service. The request is for a fitting and compatible determination of a lawn care business in the B-3 (General Business) District. The business would be totally enclosed in a building. If outside storage were considered, it would be determined the same as a contractor’s shop.

MOTION BY KERIAN AND SECOND BY DR. KWEIT TO DETERMINE A LAWN CARE SERVICE BUSINESS AS A FITTING AND COMPATIBLE LAND USE IN THE B-3 (GENERAL BUSINESS) DISTRICT. MOTION CARRIED UNANIMOUSLY.

5. REPORTS FROM THE PLANNING DEPARTMENT:

5-1. MATTER OF REPORT ON A-1 AND A-2 DISTRICTS.

Potter discussed the status of the A-1 and A-2 Districts and what to do with the districts long term. He passed out a colored zoning map for the city that showed all of the A-1 (Limited Development) District in light green and the A-2 (Agricultural Reserve) District in dark green. The original intent of the A-1 District was to direct urban growth into land adjacent to and/or contiguous to the city, to promote a compact development pattern and reserve land necessary for actual and anticipated development purposes for a period of twenty-five (25) years. There is very little A-1 District left. Potter said there were two options for the future and both of them included waiting until the Extra Territorial Zone Study (ETZ) is completed. The ETZ Study will define relationships long-term and how to deal with the ETZ no matter if it is two miles, four miles or any area in between the two.

Option 1: Wait until the completion of the ETZ Study and make a decision on whether or not to rezone some additional land as A-1.

Option 2: Wait until the completion of the ETZ Study, determine what should be accomplished in the ETZ area and then adapt the A-2 District to deal with growth in the ETZ area and let the A-1 District be absorbed into development or disappear.

Matejcek said he understood the concept of the A-1 next to the city, but the area past the two-mile range, everything is generally A-2 and the area gets developed whether it is in the county or the city. Some people want to do away with A-1. He said there is a definite distinction. He said there is now an F-1 (Floodway) District. There has been property created with the flood control in areas that cannot be built on but are productive agricultural property. Maybe that is an area for A-1 or A-2. That would eliminate the property from being developed and not allow people to build houses where houses should not be built. The rest of the property could be A-2 and developed at some time in the future. He also suggested areas such as cemeteries in A-1. The F-1 District restricts uses completely. In the A-1, the property could still be farmed.

Potter said that should be part of the debate.

Dr. Kweit said the Land Use Subcommittee is looking at the continuation of the tier system. The first tier is the areas that would develop in the next 20 years, the second tier is future development. Classifying the land to be developed in the near future as A-1 and leave the rest as A-2 to discourage development.

This was offered as information.

5-2. MATTER OF NOMINATING COMMITTEE FOR ELECTION OF OFFICERS.

Malm appointed Dr. Kweit, Whitcomb and Matejcek as members of the nominating committee for the December 7, 2005 meeting.

6. OTHER BUSINESS:

Potter announced he would be vacating the position of city planner at 5 p.m. on Friday, November 4, 2005. He stated this was his last planning and zoning meeting and wanted to let them know what a great privilege and high honor it has been to be part of the staff and commission members.

7. ADJOURNMENT.

MOTION BY LEE AND SECOND BY DREES TO ADJOURN THE MEETING AT 8:40 P.M. MOTION CARRIED UNANIMOUSLY.



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John R. Drees, Secretary



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Gary K. Malm, President