Committee Minutes
PLANNING AND ZONING COMMISSION
MEETING MINUTES
City of Grand Forks, North Dakota
May 3, 2006
1. MEMBERS PRESENT
The meeting was called to order by President Paula Lee with the following members present: Steve Adams, John Drees, Al Grasser, Tom Hagness, Dr. Lyle Hall, Bill Hutchison, John Jeno, Dorette Kerian, Curt Kreun, Dr. Rob Kweit, Gary Malm, Frank Matejcek and Marijo Whitcomb. Absent: Mayor (Dr.) Michael Brown. A quorum was present.
Staff present included Brad Gengler, City Planning Director; Charles Durrenberger, Senior Planner; and Carolyn Schalk, Administrative Specialist, Senior (Planning and Zoning Department); Bev Collings, Building and Zoning Administrator (Inspections Office); Julie Romig, Senior Planner (GF-EGF MPO).
2.
READING AND APPROVAL OF MINUTES FOR APRIL 5, 2006.
Lee asked if there were any additions or corrections to the minutes of
April 5, 2006. There were no corrections or additions noted and Lee
declared the minutes approved as presented.
3. PUBLIC HEARINGS, FINAL APPROVALS, PETITIONS AND MINOR CHANGES:
3-1. (PUBLIC HEARING) MATTER OF THE REQUEST FROM STEVE ADAMS, ON BEHALF OF ART GREENBERG, JR., FOR FINAL APPROVAL OF THE
PLAT OF COLUMBIA PARK 32ND ADDITION
TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED BETWEEN I-29 AND SOUTH 38TH STREET, NORTH OF THE DRAINWAY AND SOUTH OF LOWE’S HOME IMPROVEMENT WAREHOUSE.
Adams asked to be excused from voting on items 3-1 and 3-2.
MOTION BY DR. KWEIT AND SECOND BY MATEJCEK TO EXCUSE ADAMS FROM VOTING ON ITEMS 3-1 AND 3-2. MOTION CARRIED UNANIMOUSLY.
Durrenberger reviewed the request. The preliminary plat shown in April indicated a dead-end street for 39th Avenue South and that is prohibited by the subdivision regulations. The final plat drawing includes a cul-de-sac for vehicle turnaround within the subdivision. The local street of 39th Avenue South provides access to the proposed seven commercial lots that includes a total of 21.62 acres. Staff recommendation was for final approval subject to the technical changes.
Lee opened the public hearing. There was no one to speak and the public hearing was closed.
MOTION BY MALM AND SECOND BY KERIAN TO GRANT FINAL APPROVAL SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Regarding easements along South 38th Street, label the 5-foot strip adjacent to the property line as utility and bikeway easement and the next strip of 10-feet as utility easement only.
3. Provide cross-sectional drawing of existing bikepath and drainway along south line of plat.
4. Extend access control west on 39th Avenue South 50-feet from south 38th Street.
MOTION CARRIED UNANIMOUSLY.
3-2. (PUBLIC HEARING) MATTER OF THE REQUEST FROM STEVE ADAMS, ON BEHALF OF ART GREENBERG, JR., FOR FINAL APPROVAL OF AN
ORDINANCE
TO REZONE FROM GREENBERG PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AND TO INCLUDE WITHIN THE
GREENBERG PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 1 TO INCLUDE COLUMBIA PARK 27TH ADDITION AND COLUMBIA PARK 32ND ADDITION
AND LOCATED BETWEEN I-29 AND SOUTH 38TH STREET, NORTH OF THE DRAINWAY AND SOUTH OF LOWE’S HOME IMPROVEMENT WAREHOUSE.
Durrenberger reviewed the request for an amendment to the Greenberg Concept Development Plan. In April, the concept plan was submitted with a request for B-3 (general business) type uses for Lot 1, Block 3. Staff recommendation in April was to alter the request to keep the east half of the lot as B-1 (limited business) type uses and limit the residential density to that allowed in the R-3 (multiple-family residence, medium density) District (16 units per acre) and also to limit the height of the buildings to 40 feet. Staff recommendation is for final approval of the amendment to the concept plan subject to the technical changes noted.
Lee opened the public hearing. There was no one to speak and the public hearing was closed.
MOTION BY KREUN AND SECOND BY KERIAN TO GRANT FINAL APPROVAL TO THE CONCEPT AMENDMENT SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Relocate “Area C-3” note and point to area C-3, not Area C-5 as shown. Revise “Amendment 1” note for Area C-5 to state that the zoning of the area has a maximum residential density equivalent to an R-3 (Multiple-Family, medium density) District.
MOTION CARRIED UNANIMOUSLY.
3-3. MATTER OF THE PETITION FROM CONCRETE, INC. FOR APPROVAL TO
VACATE
A PORTION OF SOUTH 50TH STREET AND ADJACENT UTILITY EASEMENT AND ROADWAY EASEMENT (FOR AN INTENDED CUL-DE-SAC) AS SHOWN ON THE PLAT OF CONCRETE INC. ADDITION AND LOCATED IN THE 5000 BLOCK OF DEMERS AVENUE.
Durrenberger reviewed the item stating the request was to vacate an existing dedicated right-of-way for a portion of South 50th Street and adjacent utility and roadway easement. Durrenberger showed the replat drawing (next item on the agenda) and indicated the new easement that would provide access and replace the dedicated right-of-way being vacated. At one time there was a plan to have a grid of local streets, but that was before the area was owned by Concrete. Inc. He indicated on the map where the new facility was being constructed to the west of the existing facility. Both facilities would access the property from the same driveway.
Malm stated there has been a desire for years to find a way to go south in that area. Years ago, the owners promised the city an access through the project to DeMers Avenue. He asked where the next road was located to go south from DeMers. It appears there is a large area with no access to the south between 48th Avenue South and County Road No. 5.
Kreun said there was a gravel road that goes from DeMers Avenue to 32nd Avenue South on the west side. Malm replied that a road going south from DeMers Avenue needs to be considered in future planning from Concrete Inc. to County Road No. 5. The east–west roads will be another problem in that area. There is a huge area with no access.
MOTION BY KERIAN AND SECOND BY DREES TO APPROVE THE VACATION. MOTION CARRIED UNANIMOUSLY.
3-4. (PUBLIC HEARING) MATTER OF THE REQUEST FROM WELLS CONCRETE PRODUCTS, INC., FOR FINAL APPROVAL (FAST TRACK) OF THE
CONCRETE INC. FIRST RESUBDIVISION
, BEING A REPLAT OF LOT 1, BLOCK 1, CONCRETE INC. ADDITION AND UNPLATTED PARTS OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 151 NORTH, RANGE 50 WEST OF THE 5TH PRINCIPAL MERIDIAN, LOCATED SOUTH OF DEMERS AVENUE BETWEEN SOUTH 48TH STREET AND BURLINGTON NORTHERN AMTRACK SUBDIVISION.
Lee noted the item was a fast track and tonight would be the only time the commission would see the request. Durrenberger reviewed the replat request stating it combines the existing Concrete Inc. property on the east to unplatted property on the west. The right-of-way has already been established. Staff recommendation is for final approval subject to the technical changes shown on the review copy.
Lee opened the public hearing. There was no one to speak and public hearing was closed.
MOTION BY HAGNESS AND SECOND BY DREES TO GRANT FINAL APPROVAL TO THE REPLAT REQUEST SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Use dotted or dashed lines for the labeling of Lots 1 and 2.
3. Add shaded box for “lands to be vacated” in the legend.
4. Correctly spell north quarter corner.
MOTION CARRIED UNANIMOUSLY.
3-5. (PUBLIC HEARING) MATTER OF THE REQUEST FROM KEITH DANKS, JR., ON BEHALF OF PLAINSMAN INVESTMENTS, FOR FINAL APPROVAL (FAST TRACK) OF THE
REPLAT OF LOT 1, BLOCK 1, ADAMS-DOBMEIER SUBDIVISION,
LOCATED AT NORTH 55TH STREET AND UNIVERSITY AVENUE.
Durrenberger reviewed the request stating the commission had considered a request in April for access onto North 55th Street. The commission approved an access of 300 feet from the property line instead of the required 660 feet for a minor arterial.
The property owner is now replatting the property in order to sell off the southern portion. The prospective buyer is planning to construct a storage facility on the property. After the April meeting, the Board of Adjustment met to consider a variance to allow access across from a residential area.
Lee asked about the three variances listed on the staff report.
Durrenberger stated that during staff review, it was recommended that additional utility easements be added along 55th Street. Normally a minor subdivision does not include new easements and that was the reason for the variance from the commission on the minor subdivision issue. Any motion made should include the variance regarding a minor subdivision.
Lee opened the public hearing. There was no one to speak and the public hearing was closed.
MOTION BY WHITCOMB AND SECOND BY KREUN TO GIVE FINAL APPROVAL TO THE REPLAT REQUEST SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Lot 4, Adams-Dobmeier 3rd Resubdivision should be labeled Lot “B’.
3. Use shortened version of the city council approval as no street and highway ordinance is needed.
4. Remove the words “to the city of” in the plat title and the owner’s consent to reflect the wordage of the original plat.
5. Include necessary easement or crossovers for future sanitary sewer services.
6. Add utility easements along 55th Street and University Avenue – 5-foot Utility bikeway/pedestrian easement (adjacent to right-of-way line) and a 10-foot utility easement beyond that.
MOTION CARRUED UNANIMOUSLY.
3-6. (PUBLIC HEARING) MATTER OF THE REQUEST FROM GREGORY BUCKTA FOR APPROVAL OF A
VARIANCE
FROM SECTION 18-0907(L)(3) OF THE LAND DEVELOPMENT CODE, ARTERIALS; ACCESS FOR LOT 5,
FOX FARM ADDITION
TO THE CITY OF GRAND FORKS, ND LOCATED IN THE 4700 BLOCK OF NORTH COLUMBIA ROAD
FOR THE PURPOSE OF VARYING THE ACCESS REQUIREMENT FROM 660 FEET TO 603 FEET TO PROVIDE ACCESS TO A HOME
.
Lee announced the request had been withdrawn.
3-7. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF EASTERN DAKOTA HOUSING ALLIANCE, INC., FOR FINAL APPROVAL (FAST TRACK) OF THE
REPLAT OF LOT T, BLOCK 6, CONGRESSIONAL FIRST ADDITION
INCLUDING A VARIANCE FROM SECTION 18-0204—DEFINITION OF A MINOR SUBDIVISION, TO THE CITY OF GRAND FORKS, ND, LOCATED AT 1098 SELKIRK CIRCLE.
Lee noted the request is a fast track and tonight would be the only time the commission would deal with the request.
Durrenberger reviewed the request stating the replat would subdivide a large residential lot into six single-family residential homes. Staff added a variance because the definition of a minor subdivision is one to five lots and there are six lots on the replat. Staff recommendation is for final approval subject to the technical changes and approval of the variance.
Lee opened the public hearing. There was no one to speak and the public hearing was closed.
MOTION BY DR. KWEIT AND SECOND BY KERIAN TO GRANT FINAL APPROVAL SUBJECT TO THE TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Plat title wordage in owner’s consent should match plat title.
3. Add Paula Lee and Lyle Hall as signers for Planning and Zoning Commission.
4. Cul-de-sac radius should be 60-feet.
5. Correct curve distance “C3.”
6. Letter new lots “V through AA.”
Malm said the layout would create parking problems and asked if parking on the
front yard would be permitted. Durrenberger said the area he was referring to was
in another portion of Promenade.
MOTION CARRIED UNANIMOUSLY.
3-8. (PUBLIC HEARING) MATTER OF THE REQUEST FROM MIKE YAVARROW, ON BEHALF OF THE CITY OF GRAND FORKS, VERNON AND JUDY GORNOWICZ, VIOLET KORYNTA THEIS, AND SHIRLEY KORYNTA MUMM, AUDREY KORYNTA BOWERS AND VIOLET KORYNTA, FOR FINAL APPROVAL OF THE
REPLAT OF LOT A, BLOCK 4 OF THE REPLAT OF BLOCK 4 AND A REPLAT OF BLOCK 2 AND BLOCK 3 OF THE PLAT OF KORYNTA-LEMM SUBDIVISION
TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED NORTH OF 17TH AVENUE NORTH AND EAST OF NORTH 55TH STREET.
Gengler reviewed the request stating the replat was part of the city’s flood protection plan. Staff recommendation is for final approval subject to the technical changes.
Matejcek asked where the westerly boundary of the plat was located. Gengler replied it was adjacent to North 55th Street. Matejcek explained that North 55th Street is a road presently in contention between Faulkner Township, Rye Township and the city of Grand Forks on the ownership of the road and also maintenance issues. Matejcek said it was the poorest road in Grand Forks County.
Grasser was asked about the road. He replied the property transfers that are going to occur have occurred and the plat is a cleanup measure. If the plat is not approved, nothing would change. Matejcek asked if the townships can special assess the properties for road maintenance if North 55th Street were turned back over to Faulkner and Rye Townships. Grasser indicated he did not know.
Kerian asked if that were germane to the plat. Matejcek said this might be the only time the township is heard on the issue and he wanted the city to know what the concerns were regarding the road.
Discussion continued on the issue and the dashed line to the west. Grasser said the line meanders with the physical features of the drainage features, flood protection or the relocated road (North 55th Street).
Dr. Kweit asked if approving the plat was necessary this date and wondered if the issue should not be tabled. Gengler said he did not know what the effect of tabling would have on the overall process. Grasser said there probably was not an immediate urgency on the plat but was unsure a specific issue had been identified for tabling the matter.
Lee opened the public hearing. There was no one to speak and the public hearing was closed.
MOTION BY KREUN AND SECOND BY HAGNESS TO GIVE FINAL APPROVAL OF THE REPLAT SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Change Lot C to Lot D in the owner’s certificate.
3. Change Lot C, Block 4 to Lot A, Block 2 in the notary block.
MOTION CARRIED WITH MATEJCEK, DREES AND MALM VOTING NAY.
Gengler said he would visit with the plat designer and others to pass along the concerns of Mr. Matejcek.
3-9. (PUBLIC HEARING) MATTER OF THE REQUEST FROM MIKE YAVARROW, ON BEHALF OF THE CITY OF GRAND FORKS, NORTH DAKOTA, ARDELL L. AND INA JANE KORYNTA, TIM CRARY, PRESIDENT OF CRARY DEVELOPMENT INC., AND GRAND FORKS COUNTY WATER RESOURCE DISTRICT, FOR FINAL APPROVAL OF THE
REPLAT OF LOT 4, BLOCK 2; LOT 1, BLOCK 3; BLOCK 4; LOTS 1AND 2, BLOCK 5; LOTS 1 AND 2, BLOCK 6; LOT 1, BLOCK 9; AND LOTS 1 AND 2, BLOCK 10, CAMPBELL ADDITION
TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED NORTH OF U.S.HIGHWAY NUMBER 2 AND WEST OF NORTH 55TH STREET.
Lee said a motion to table was needed for the item.
MOTION BY MALM AND SECOND BY DR. HALL TO TABLE THE REQUEST FOR ONE MONTH. MOTION CARRIED UNANIMOUSLY.
3-10. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF KAREN SCOTT, FOR APPROVAL (FAST TRACK) OF THE
REPLAT OF LOTS 2 AND 8, BLOCK 1, BROWN’S ADDITION
TO THE CITY OF GRAND FORKS, NORTH DAKOTA, AND LOCATED AT 2813 BELMONT ROAD.
Lee noted the item is another fast track and would only be reviewed by the commission one time.
Gengler reviewed the request. He stated there are two lots owned by the same owner and the replat would shift the lot line. There is an existing structure that encroaches over the rear lot line. By shifting the lot line, the structure becomes conforming. Staff recommendation is for final approval.
Lee opened the public hearing. There was no one to speak and the public hearing was closed.
MOTION BY DR. KWEIT AND SECOND BY HUTCHISON TO GRANT FINAL APPROVAL TO THE REPLAT REQUEST, SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. The north line of Lot D should have the same bearing as Lot C and be one continuous line.
3. Correct length of Curve #1 and square footage of Lot D.
4. Add 10-foot utility easements along Belmont Road and Cleo Court.
5. Correct spelling in plat title and owner’s consent as shown.
MOTION CARRIED UNANIMOUSLY.
3-11. MATTER OF THE PETITION FROM KAREN SCOTT AND PAT FISHER FOR APPROVAL TO
VACATE A UTILITY EASEMENT
ADJACENT TO LOTS 2, 8 AND A, BLOCK 1;
BROWN’S ADDITION
, AND LOCATED IN THE 2800 BLOCK OF BELMONT ROAD.
Gengler reviewed the vacation request for the area discussed under item 3-10. He pointed out the vacation area and stated it is no longer needed. By shifting the lot line and vacating the utility easement, the property becomes conforming. Staff recommendation is for approval to vacate the utility easement.
MOTION BY DR. KWEIT AND SECOND BY KERIAN TO APPROVE THE VACATION REQUEST. MOTION CARRIED UNANIMOUSLY.
3-12. MATTER OF THE PETITION FROM THE CITY OF GRAND FORKS, ND, FOR APPROVAL TO
VACATE
47TH AVENUE SOUTH RIGHT-OF-WAY FROM 125 FEET EAST OF LOAMY HILLS DRIVE TO THE RED RIVER OF THE NORTH, LOCATED BETWEEN THE
SUNBEAM ADDITION AND RIVER OAKS ADDITION
TO THE CITY OF GRAND FORKS, ND,
Gengler reviewed the vacation request by stating the right-of-way is the most easterly stretch of 47th Avenue South that extends to the river. He showed a map that indicated the dike sets on the top of the right-of-way. The surrounding property is owned by the city and the decision was made to vacate the property. Staff recommendation is for final approval.
MOTION BY DR. KWEIT AND SECOND BY GRASSER TO APPROVE THE VACATION REQUEST. MOTION CARRIED UNANIMOUSLY.
3-13.
(PUBLIC HEARING)
MATTER OF THE REQUEST FROM CPS, LTD, ON BEHALF OF BOB ELMAN, ELMAN RENTALS, FINAL APPROVAL (FAST TRACK) OF THE
REPLAT OF LOT 2, BLOCK 3 AND LOT 1, BLOCK 4 AND VACATED SERVICE ROAD, WASHINGTON ESTATES ADDITION
, TO THE CITY OF GRAND FORKS, ND, LOCATED IN THE 3900 BLOCK OF SOUTH WASHINGTON STREET.
Lee noted the item was a fast track and would only be reviewed one time by the commission.
Gengler reviewed the request and stated the property was formerly the United Rental facility. The property owner is replatting the property in order to divide the main building from the three existing storage unit structures. He said an additional note would have to be added to the technical changes. Gengler asked the surveyor to look at each property as a stand-alone lot. The northerly larger lot is 1.4% over on the required lot coverage. The only green space is along the edges of the property. In order to gain final approval of the plat, the owner will have to appeal the 85% lot coverage rule. The owner missed the deadline for the application and will file application for the June meeting. He suggested adding a technical change that recommends approval subject to final approval of the appeal in June. If the appeal is denied, approval of the plat would be null and void.
Lee opened the public hearing. There was no one to speak and the public hearing was closed.
MOTION BY DR. HALL AND SECOND BY WHITCOMB TO GRANT FINAL APPROVAL TO THE REPLAT WITH THE VARIANCE AND ALSO SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Shade all areas included in Vacation Doc. 509880.
3. Show South Washington Street as a principal arterial and 40th Avenue South as a collector.
4. Extend access control line along 40th Avenue South to 110 feet east of Washington Street and along 38th Avenue South to 30 feet east of Washington Street.
5. Add a 10-foot utility easement along the east line of proposed Lots 2 and 3.
6. Show all existing easements along the east plat boundary.
7. Needs variance for impervious surface area on newly created north lot.
MOTION CARRIED UNANIMOUSLY.
3-14. Matter of the request from the Planning Department for
determination of Fitting and Compatible Land Use for a Bicycle Motocross (BMX) racing track in the I-1 (Light Industrial) District and I-2 (Heavy Industrial) District.
Gengler reviewed the request by stating the mayor’s office has been approached by an organization that sponsors BMX bicycle motorcross. The current location of the organization at the county fairgrounds is being reconstructed for the new county correctional facility. They have asked if there is city-owned property that would accommodate their needs. One area that is being considered is located on North 36th Street where the city has an impound lot. However, there is not a specific land use that allows the permitted facility. He asked the commission to recognize it as a fitting and compatible use as compared to an auto racetrack identified as a conditional use in the I-2 District. As long as it is tied to something close but not specifically stated, no future action would be needed.
Lee asked about the I-1 versus the I-2. Gengler stated there is a cumulative effect. What is allowed in the I-1 is usually allowed in the I-2. The I-2 District is the area they want to be located. Gengler said he wanted to make sure there was no doubt about the use in either district.
Lee asked if it would be a listed use. Gengler answered no, the request was for a determination and not a code amendment.
MOTION BY KERIAN AND SECOND BY GRASSER TO APPROVE THE DETERMINATION OF FITTING AND COMPATIBLE LAND USE FOR A BICYCLE MOTORCROSS (BMX) RACING TRACK IN THE I-1 AND I-2 DISTRICTS.
Dr. Kweit asked if making the determination of fitting and compatible in the I-1 and I-2 District would be setting a precedent.
Malm wanted it made clear that it was not the county correctional facility that created the loss of a location for the BMX racing track; it was the responsibility of the fairgrounds.
Gengler explained that Strata Corporation and Simplot had expressed concern of the truck traffic on North 36th with bicycle riders also on the road. The commission is not approving a particular site but only making a determination of fitting and compatible use in the I-1 and I-2 Districts.
MOTION CARRIED UNANIMOUSLY.
3-15. MATTER OF THE PETITION FROM TIM CRARY, ON BEHALF OF CRARY DEVELOPMENT, LLC., FOR APPROVAL OF AN
ORDINANCE TO ANNEX THAT PART OF THE NORTHWEST QUARTER OF SECTION 27 AND THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 151 NORTH, RANGE 50 WEST OF THE FIFTH PRINCIPAL MERIDIAN, GRAND FORKS COUNTY, NORTH DAKOTA
. ANNEXATION AREA INCLUDES ALL OF LANDS TO BE PLATTED AS
HOMESTEAD GROVE SECOND ADDITION AND UNPLATTED LANDS NORTH AND SOUTH THEREOF.
Gengler reviewed the annexation request for the Homestead Grove Second Addition and other unplatted lands north and south thereof. The plat for the annexation area is also on the agenda as Item No. 4-1. He reminded the commission of the large concept plan previously approved for the area located between 40th and 47th Avenue South. The planning office recently received a site plan for a large-scale commercial site just north of 47th Avenue South. Gengler discussed the annexation points for the development. The property received 19 points out of a possible 23 total points; 12 points are all that is needed for annexation. Staff recommendation is to approve the annexation ordinance for the area.
Malm asked if the annexation has any affect on the four-mile limit by pushing it out further? Gengler replied the requested area for annexation was already surrounded by the city.
Dr. Kweit said he appreciated the annexation point study.
MOTION BY KERIAN AND SECOND BY KREUN TO APPROVE THE ANNEXATION AREA AND ORDINANCE. MOTION CARRIED UNANIMOUSLY.
3-16. MATTER OF THE REQUEST FROM WILLIAM knipe FOR FINAL APPROVAL OF THE
PLAT OF KNIPE’S FIRST ADDITION
TO THE CITY OF GRAND FORKS, NORTH DAKOTA, AND LOCATED IN THE 3000 BLOCK OF SOUTH 69TH STREET.
Gengler discussed the extraterritorial extension and stated there were several plats on the back burner prior to the city’s four-mile extension and moratorium. One of those plats was Knipe’s First Addition. The property owner, Bill Knipe, approached the city in 2004 for platting the property on 32nd Avenue South. The city asked Mr. Knipe to wait on final approval of his plat in order to allow consultants to study the 32nd Avenue South corridor and other corridors. The property owner agreed to wait. After studying the various corridors, the consultant then moved on to the 2035 Land Use plan. Gengler said staff is recommending approval of the plat and knows there will be hard feelings on the recommendation of approval for the Knipe’s First Addition and the denial of the Trent Olson plat. The Knipe’s First Addition plat is a standard 2-1/2 acre large lot rural subdivision and located in the Tier 2 where, according to the 2035 Land Use Plan, the plan is for 3 to 4 units per acre subdivision with community septic systems. With that type of development, city services could be easily adapted when the city reaches that development. The Knipe’s plat would be allowed under the rules of the new Year 2035 Land Use Plan, but not the size of the lots.
Hagness spoke on the Trent Olson and Knipe plats. He stated he could not understand how the city council or the commission could recommend approval of the Knipe’s First Addition plat but deny the Trent Olsen plat for being one or two days late. If one is denied, they should both be denied.
Dr. Kweit spoke in favor of the Knipe’s First Addition plat. He stated the owner has been on hold over two years and been very patient with the city’s land use process. Mr. Knipe attended most of the land use meetings. As the process for the land use plan was finished, a moratorium was imposed. Dr. Kweit stated the city held Mr. Knipe’s plat up in order to start the process on studying the corridors and then the process for the land use plan; he should not be penalized by denying the plat.
Gengler stated there may be legalities involved because the commission and council had given preliminary approval to Mr. Knipe’s plat in 2004, therefore the property owner had reasonable expectation of subdividing his property based on the preliminary approval of the plat. The plat was tabled only because the city requested Mr. Knipe to hold on his project until the city could determine how to handle certain corridors.
Hagness said he agreed the Knipe plat should be approved, but it should not be done at the expense of the Trent Olsen plat because of an artificial date determined as the deadline by the council.
Gengler noted for the record that the planning commission did approve the Trent Olsen plat; it was denied at city council based on the moratorium date.
Dr. Hall asked about the width of 69th Street. Gengler said a technical change is listed noting the road will be wider.
MOTION BY DR. HALL AND SECOND BY MATEJCEK TO GIVE FINAL APPROVAL TO THE PLAT OF KNIPE’S FIRST ADDITION SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Show monument set at point of curve on the east line of Lot 4.
3. Culvert sizes along 69th Street will be determined by the Grand Forks Water District.
4. Plat is subject to 8% Park and Open Space requirement.
5. Show and dimension existing drainway right-of-way east of 69th Street.
6. Show on the drawing and identify in the legend a tentative layout for future streets and smaller residential lots.
7. Correct plat title as shown.
8. Renumber lots and blocks as shown.
9. Label right-of-way reservation for 28th Avenue North.
10. Widen right-of-way along the west side of 69th Street to 70-feet as 69th Street will be a principal arterial.
Malm said Mr. Knipe had been very gracious to hold up on his development for two years. The city started out with corridors studies and then the land use plan process was started which further delayed his plat. Mr. Knipe agreed to hold his plat in order to allow the city process to continue and he should not be held up any longer.
Dr. Kweit said the commission should approve the Knipe’s development, not because he could sue the city, but because it was the right thing to do.
Kreun spoke on behalf of the city council by stating they did what they thought was right as far as the date set for the moratorium. There was a distance between Mr. Knipe’s property and 32nd Avenue South that could have been commercial and that was the reason the city requested he hold his plat.
MOTION CARRIED UNANIMOUSLY.
4. COMMUNICATIONS AND PRELIMINARY APPROVALS:
4-1. MATTER OF THE REQUEST FROM TIM CRARY, ON BEHALF OF CRARY DEVELOPMENT INC., FOR PRELIMINARY APPROVAL OF THE
PLAT OF HOMESTEAD GROVE SECOND ADDITION
, LOCATED IN THE 1000 BLOCK OF 47TH AVENUE SOUTH.
Gengler reviewed the plat for 15 single-family lots and one large multiple family lot of townhomes or multi single-family attached structures. The annexation for the plat was approved earlier (Item 3-15). He further stated the property was subject to the 8% park and open space requirement. Staff recommendation is for preliminary approval.
MOTION BY MALM AND SECOND BY DR. KWEIT TO GIVE PRELIMINARY APPROVAL TO THE PLAT SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Plat requires annexation of new lands.
3. Plat requires street and highway ordinance.
4. Identify 47th Avenue South as a minor arterial.
5. Add access control along all of 47th Avenue South and north 120 feet on South 11th Street.
6. Name all streets.
7. Submit utility master plan.
8. Add monument set at the point of curve on Lot 11, Block 2.
9. Make necessary corrections to the legal description in the owner’s certificate.
10. Establish a 20-foot wide permanent right-of-way between Lots 4 and 5, Block 2 with an additional 10-foot utility easement on either side for the installation and maintenance of storm and sanitary sewer utilities.
MOTION CARRIED UNANIMOUSLY.
5. REPORTS FROM THE PLANNING DEPARTMENT:
5-1. MATTER OF THE
REPORT
FROM SRF CONSULTING GROUP, INC. REGARDING THE
GRAND FORKS LAND DEVELOPMENT CODE UPDATE
.
Gengler reported that Earl Haugen, GF-EGF MPO Director, requested the report be placed in the commissioner’s packet for their information on the process to revamp the land development code.
6. OTHER BUSINESS:
7. ADJOURNMENT.
MOTION BY WHITCOMB AND SECOND BY MALM TO ADJOURN THE MEETING AT 8:10 P.M. MOTION CARRIED UNANIMOUSLY.
___________________________
Lyle A. Hall, Secretary
___________________________
Paula H. Lee, President