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PLANNING AND ZONING COMMISSION
MEETING MINUTES
City of Grand Forks, North Dakota
August 4, 2004


MEMBERS PRESENT

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

Staff present included Charles Durrenberger, Senior Planner; Brad Gengler, Planner; and Carolyn Schalk, Senior Administrative Specialist.

2. READING AND APPROVAL OF MINUTES FOR JULY 7, 2004.
Malm asked if there were any additions or corrections to the minutes of July 7, 2004. Matejcek noted the minutes reflect Smith as being absent but later making a motion. Malm asked that the minutes be corrected to reflect Smith present at the July 7, 2004 meeting. Malm declared the minutes approved with the noted correction.


Malm noted that the agenda reflected two 3-12 items. The second 3-12 should be shown as Item No. 3-13. Further, Item No. 3-13 was requested by the Planning Department to be changed to Item No. 4-4 (preliminary review). The property includes right-of-way and cannot be handled as a fast track (one meeting) item.

MOTION BY MATEJCEK AND SECOND BY DREES TO CHANGE ITEM NO. 3-13 TO ITEM NO. 4-4. MOTION CARRIED UNANIMOUSLY.


3. PUBLIC HEARINGS, MINOR CHANGES AND FINAL APPROVALS:

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

Gengler reviewed the request stating the ordinance did not raise concerns that the doggy daycare ordinance raised. He referred members to the two stipulations planning and health department staff decided on. The two stipulations are:
1. All animal boarding service and activities shall be conducted from within a fully enclosed structure.
2. Exterior storage or use of cages, pens or other enclosures used by the facility shall be prohibited.
Staff recommended approval of the ordinance.

Malm opened the public hearing. There was no one to speak on the issue and the public hearing was closed. Malm referred the item back to the commission for discussion and/or motion.

MOTION BY HAGNESS AND SECOND BY KERIAN TO GRANT FINAL APPROVAL TO THE ORDINANCE. MOTION CARRIED UNANIMOUSLY.


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

Gengler reviewed the request, stating he needed to clarify a minor change that had occurred since preliminary approval. The developer told him that although the present plans would be to change the property to commercial, they wanted to have the ability to change or include some high density multiple family. Gengler said that now the areas shown on the map would be rezoned from B-1 (Limited Business) District to a combination of B-3 (General Business) District and R-4 (Multiple Family, High Density) District. He said the same approach was utilized for the University Village, aka Bronson Property.

Malm opened the public hearing. There was no one to speak and the public hearing was closed. Malm referred the item back to the commission for discussion and/or motion.

MOTION BY KREUN AND SECOND BY HALL TO GRANT FINAL APPROVAL OF THE CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 2 AND APPROVAL OF THE ORDINANCE SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS:
1. Show the zoning of Lots 15 and 16, and Lots 3 through 11 as B-3 and R-4 type uses. See review copy.
2. Change note number 1 to read: Building regulations for each sub-area shall conform to the regulations of the Grand Forks Land Development Code for the equivalent zoning districts as stated on the Concept Development Plan.
3. Show a heavy border around the entire PUD, and a heavy border around lots 3-11 and lots 15 & 16. See review copy.
4. Change note #6 to the following: Amendment No. 4 changes the proposed land uses for Lots 4 through 11, and Lots 15 and 16, Block B, from B-1 (Limited Business) District uses to a combination of B-3 (General Business) District uses and R-4 (Multiple-Family Residence, High Density) District uses. The amendment also changes the land uses for Lot 3, Block B, from B-3 (General Business) District uses to a combination of B-3 (General Business) District uses and R-4 (Multiple-Family Residence, High Density) District uses.
5. In the legend change Amendment #3 to Amendment #4.
Show the zoning of Lot B as B-3 type uses, and the zoning for Lots D & E as B-1 type uses. See review copy.

MOTION CARRIED UNANIMOUSLY.


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

Gengler reviewed the request, stating Item 3-5 and Item 3-6 are related to the request. He pointed out a minor change stating the area designated as Lot A during preliminary review was changed to Lot B for final review. The request was for the to be removed from a conventional B-3 zone and included within the North Congressional PUD, Amendment No. 2 with R-4 (Multiple Family, High Density) type uses to accommodate an 18-unit apartment building.

Malm opened the public hearing. There was no one to speak and the public hearing was closed. Malm referred the issue back to the commission for discussion and/or motion.

MOTION BY DREES AND SECOND BY SMITH TO GRANT FINAL APPROVAL OF THE CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 2 AND APPROVAL OF THE REZONING ORDINANCE. MOTION CARRIED UNANIMOUSLY.


3-4. (PUBLIC HEARING) MATTER OF THE REQUEST FROM L & M DEVELOPMENT, INC., 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 I-2 (HEAVY INDUSTRIAL) DISTRICT, LOT 1, BLOCK A OF THE REPLAT OF BLOCK 1, ADAMS-DOBMEIER 2ND SUBDIVISION, GRAND FORKS, NORTH DAKOTA, LOCATED AT 6105 GATEWAY DRIVE.

Gengler reviewed the request stating the property was owned and developed for New Vision Fiber Glass. He said there was some discussion at the July meeting regarding spot zoning and also discussion on the possibly of including a large portion of Highway 2 into a PUD (Planned Unit Development) zoning. The item was sent to the city council and received preliminary approval from that body. Staff recommendation was to approve the rezoning from the B-3 District to the I-2 District.

Malm opened the public hearing. There was no one to speak on the issue and the public hearing was closed. Malm referred the item back to the commission for discussion and/or motion.

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


3-5. (PUBLIC HEARING) MATTER OF THE REQUEST FROM ICON ARCHITECTURAL GROUP, ON BEHALF OF WESTSIDE PROPERTIES, LLP, FOR FINAL APPROVAL (FAST TRACK) OF A REPLAT OF LOT 12, BLOCK 1, RYDELL-WEST SUBDIVISION, GRAND FORKS, NORTH DAKOTA, LOCATED AT 1015 NORTH 51ST STREET.

Gengler reviewed the request, stating the replat was related to the 18-unit apartment complex discussed under Item No. 3-3. He noted a minor change to the replat as shown on the review copy in commissioner’s packets. Lots A and B show slightly different dimensions than what would actually be proposed. Lot A changes to 109.26 feet in width instead of the 117.00 feet shown. Staff recommendation was for final approval.

Grasser said it appeared the standard easements were missing from the map and the comments on North 51st Street and wondered why that was missing. Gengler said he did not know.

Malm opened the public hearing.

Doug Herzog, CPS, Ltd., stated that North 51st Street had all the utilities in place presently. Although there are no easements from 10th Avenue North to Highway 2, the property owner would probably have no objection if an easement were required.

There were no other comments and the public hearing was closed. Malm referred the issue back to the commission for discussion and/or motion.

MOTION BY GRASSER AND SECOND BY KREUN TO GRANT FINAL APPROVAL OF THE REPLAT REQUEST CONTINGENT ON THE 10-FOOT UTILITY EASEMENT BEING SHOWN ON NORTH 51ST STREET AND SUBJECT TO THE FOLLOWING SPECIAL CONDITION:
1. Submit title opinion.
2. Show a 10-foot utility easement on the east property line (added).

Hagness asked Grasser why the easement was needed if all the utilities are presently in place.

Grasser answered the requirement was consistent to what is required on all plats/replats. The future is always unknown and the city runs into areas all over the city where there are not enough rights-of-way to install the needed facilities. Many times the facilities needed were not necessary 20 years ago. He noted that North 51st Street is a classified street and the classified streets are becoming greater corridors. He gave an example: If the sanitary sewer had to be replaced and fiber optic, gas and power were located over the sanitary sewer, the other utilities would have to be temporarily relocated before digging could begins. If an easement was in place, the utilities could be relocated. The easement may or may not ever be needed but there could also be a valuable use for it in the future.

MOTION CARRIED UNANIMOUSLY.


3-6. (PUBLIC HEARING) MATTER OF THE REQUEST FROM ICON ARCHITECTURAL GROUP, ON BEHALF OF WESTSIDE PROPERTIES, LLP, FOR APPROVAL OF AN APPEAL OF THE WEST SIDE APARTMENTS DETAILED DEVELOPMENT PLAN, NORTH CONGRESSIONAL PUD (PLANNED UNIT DEVELOPMENT), LOCATED AT 1015 NORTH 51ST STREET. THE APPEAL RELATES TO MAXIMUM LOT COVERAGE REQUIREMENTS AND MINIMUM PAVING AND PARKING LOT SETBACKS.

Gengler reviewed the detailed development plan for the 18-unit apartment complex and showed the aerial map of the location. He said the original design submitted was not in conformance with basic zoning requirements such as setbacks, lot coverage, etc. It was advertised as an appeal for variances but since that time, a new plan was submitted and addressed most of the requirement concerns; however, one requirement would need a variance. The plan fails to meet the 55% impervious surface coverage area that was associated with the R-4 zone. The request for lot coverage of 57% would need to be acknowledged and approved for the site. Staff recommendation was for approval of the variance.

Kerian asked about the size of the lot.

Gengler said initially there was a concern on the lot size versus the physical structure. It appeared the owners were trying to put too much structure on the lot. However, an architect was hired and the layout was redesigned, with a reduction in the structure and shifting the structure on the lot to accommodate the setbacks.

Malm opened the public hearing. There was no one to speak and the public hearing was closed. Malm referred the issue back to the commission for discussion and/or motion.

MOTION BY DR. HALL AND SECOND BY KREUN TO GRANT FINAL APPROVAL OF THE VARIANCE AS STATED ABOVE. MOTION CARRIED UNANIMOUSLY.


3-7 (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF AG PARK LLP, FOR FINAL APPROVAL OF THE REPLAT OF LOT 3, BLOCK 1, BROWN CORPORATION ADDITION, GRAND FORKS, NORTH DAKOTA, LOCATED AT 12TH AVENUE NE AND 12TH STREET NE.

Durrenberger reviewed the replat request. In the preliminary replat, the owners showed a series of four lots along the frontage road. At the July meeting, planning commissioners requested that staff meet with the owners and discuss the concern about adequate right-of-way for a drainage ditch lying along the south portion of Merrifield Road and also the concern for a future access ramp onto I-29. Staff met with owners and a new replat was submitted that removed two lots in the northern portion of the property. Additional comments were added to the special conditions regarding a future right-of-way. Staff recommendation was for final approval.

Grasser said he wanted to make a comment for the record. He wanted to thank Brown Corporation for working with the city on addressing the issues of the interchange and the ditch. There are many unknown questions on the issues and although the problems with the compromise does not solve all the issues, it puts it off so that when it is addressed in the future, all parties would have the information needed. He noted it was a good solution.

Malm opened the public hearing. There was no one to speak on the issue and the public hearing was closed. Malm referred the issue back to the commission for discussion and/or motion.

MOTION BY DREES AND SECOND BY GRASSER TO GRANT FINAL APPROVAL OF THE REPLAT REQUEST, SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS:
1. Submit title opinion.
2. Add the following two notes:
The area designated “Future Merrifield Road/I-29 Interchange” will be reserved for the future construction of said interchange.
Ag Park LLP, its successors and/or assigns will not construct or permit to be constructed any building(s) or parking lot(s), or the installations of roads or utilities or make any other significant improvements, upon or under the real property included within the area designated as “Future Merrifield Road/I-29 Interchange” without first obtaining prior approval from the City of Grand Forks Planning and Zoning Commission and the Grand Forks City Council.

MOTION CARRIED UNANIMOUSLY.


3-8. (PUBLIC HEARING) MATTER OF THE REQUEST FROM JERRY PRIBULA, ON BEHALF OF LAVONNE ADAMS, FOR FINAL APPROVAL OF THE REPLAT OF SHADY RIDGE ESTATES SIXTH RESUBDIVISION, BEING A REPLAT OF ALL OF SHADY RIDGE ESTATES SIXTH ADDITION, LOCATED AT DESIREE DRIVE AND ADAMS DRIVE, GRAND FORKS, NORTH DAKOTA.

Durrenberger reviewed the request stating the replat reduces the number of lots and would make larger properties. The existing utility easements, vacated earlier, were relocated to a more appropriate location. Staff recommendation was for final approval.

Malm opened the public hearing. There was no one to speak and the public hearing was closed. Malm referred the issue back to the commission for discussion and/or motion.

MOTION BY KERIAN AND SECOND BY KREUN TO GRANT FINAL APPROVAL TO THE REPLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS:
1. Submit title opinion.

MOTION CARRIED UNANIMOUSLY.


3-9. (PUBLIC HEARING) MATTER OF THE REQUEST FROM JERRY PRIBULA, ON BEHALF OF KEITH DANKS AND SHIRLEY WEST, FOR FINAL APPROVAL OF THE PLAT FOR PRIBULA ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, BEING A PORTION OF THE SOUTH ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SECTION 36, TOWNSHIP 152 NORTH AND RANGE 51 WEST OF THE PRINCIPAL MERIDIAN, LOCATED NORTH OF U. S. HIGHWAY 2 BETWEEN NORTH 62ND AND NORTH 69TH STREETS.

Durrenberger reviewed the request, stating the plat would be for a new manufacturing plant. Staff recommendation was for final approval.

Malm opened the public hearing. There was no one to speak and the public hearing was closed. Malm referred the issue back to the commission for discussion and/or motion.

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

MOTION CARRIED UNANIMOUSLY.


3-10. (PUBLIC HEARING) MATTER OF THE REQUEST FROM JERRY PRIBULA, ON BEHALF OF KEITH DANKS AND SHIRLEY WEST, FOR FINAL APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO REZONE FROM B-3 (GENERAL BUSINESS) DISTRICT AND THE A-2 (AGRICULTURAL RESERVE) AND TO INCLUDE WITHIN THE I-2 (HEAVY INDUSTRIAL) DISTRICT FOR THE PRIBULA ADDITION. THE PROPERTY IS LOCATED NORTH OF U. S. HIGHWAY 2 BETWEEN NORTH 62ND AND NORTH 69TH STREETS.

Durrenberger reviewed the rezoning request, stating the west lot was currently zoned B-3 and the other lot was currently zoned A-2. He said there was discussion at the July meeting on whether or not rezoning the property would be considered spot zoning. Durrenberger stated the city council would be working on issues for the beautification of the Gateway Drive corridor but definite plans have yet to be made. Staff recommendation was for final approval.

Hagness asked about landscaping for the area.

Durrenberger stated there was some vegetation on the property that was put in place by the US 2 Beautification Committee several years ago. Mr. Pribula plans to keep the current landscaping but some of it would possibly be moved to another area.

Malm opened the public hearing.

Mr. Tim Pribula, owner, explained there was a landscaping plan. He stated the current mounds in place block the sight of the proposed building so the plan was to move the trees to another location. All trees in the existing mounds would be relocated. He said some trees had died and those would be replaced. Soil samples were taken and that particular area did not have as much alkaline soil as other areas. He further stated that additional fill would be added to the site and he did not think there would be problems with growing vegetation. The vegetation they were planning to add did grow in alkaline soil. Most of the vegetation would be around the building and a hedge was planned with the logo of the company in it. He said lilacs and evergreens would be part of the vegetation and there would be no Russian Olive trees on the site. They are presently doing ditch work and hope to have the property re-seeded before the end of the year. The budget goal for landscaping would be around $20,000. Mr. Pribula stated he agreed with the concerns on the beautification of U. S. 2.

Malm closed the public hearing. Malm referred the issue back to the commission for discussion and/or motion.

There was a discussion on spot zoning. Malm said it would have been better if a PUD had been established in the area. However, that was not possible due to the time limit for the project.

MOTION BY MATEJCEK AND SECOND BY HAGNESS TO GRANT FINAL APPROVAL OF THE REZONING REQUEST. MOTION CARRIED UNANIMOUSLY.


3-11. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF CRARY DEVELOPMENT, FOR FINAL APPROVAL (FAST TRACK) OF THE REPLAT OF LOTS 13 THROUGH 18, BLOCK 1, CORNERSTONE ESTATES ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED IN THE 5400 BLOCK OF VINEYARD DRIVE.

Durrenberger reviewed the request to relocate lot lines to allow construction of single family houses in an area currently platted for twinhomes. Staff recommendation was for final approval.

Malm opened the public hearing. There was no one to speak and the public hearing was closed. Malm referred the issue back to the commission for discussion and/or motion.

MOTION BY DR. HALL AND SECOND BY SMITH TO GRANT FINAL APPROVAL TO THE REPLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS:
1. Submit title opinion.
2. Include proper land description in owner’s certificate.

MOTION CARRIED UNANIMOUSLY.


3-12. MATTER OF THE PETITION FROM THE CITY OF GRAND FORKS AND DACOTAH BUILDING INC. FOR APPROVAL TO VACATE ALL OF 1ST AVENUE NORTH FROM NORTH 3RD STREET TO RIVERBOAT ROAD BETWEEN BLOCKS 17 AND 24 OF THE TOWN OF GRAND FORKS (ORIGINAL TOWNSITE) AND THE 32-FOOT WIDE ALLEYWAY FROM DEMERS AVENUE TO 1ST AVENUE NORTH BETWEEN NORTH 3RD STREET AND RIVERBOAT ROAD ADJACENT TO BLOCK 1, AUDITORS RESUBDIVISION NUMBER 13 AND BLOCK 24 OF THE TOWN OF GRAND FORKS (ORIGINAL TOWNSITE).

Durrenberger reviewed the request stating the city would be swapping the right-of-way of 1st Avenue North for a piece of property behind the Dakota Hotel. The property would be utilized in the flood protection project. There was no need for the alley so vacation of the alley was included in the request. Access would be maintained from DeMers to get to the parking lot. The alley would remain but would not be a dedicated right-of-way. Staff recommendation was for approval.

Malm stated that if Demers was used and a person wanted to visit any business between 3rd and the river, one would have to go to East Grand Forks to get back.

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

3-13. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF THE CITY OF GRAND FORKS, NORTH DAKOTA, FOR FINAL APPROVAL (FAST TRACK) OF THE PLAT OF AUDITOR’S RESUBDIVISION NO. 38 TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED IN THE 2400 BLOCK OF BELMONT ROAD.

Item No. 3-13 was voted to be changed to Item No. 4-4.


4. COMMUNICATIONS AND PRELIMINARY APPROVALS:

4-1. MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF CRARY DEVELOPMENT, INC., FOR PRELIMINARY APPROVAL OF THE PLAT OF JOHNSONS WEST FIRST ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, BEING A PART OF SECTION 18, TWP 151 NORTH, RANGE 50 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, LYING NORTH OF AND ADJACENT TO 32ND AVENUE SOUTH.

Gengler reviewed the request for Items 4-1, 4-2 and 4-3. A written summary of the items was included in commissioners’ packets. Tractor Supply Company (TSC) desires to build a new facility just adjacent to and west of the Kindness Animal Hospital on 32nd Avenue South just west of I-29. The unplatted property, zoned A-2 was currently outside city limits. Gengler said the project in and of itself would be subject to every development criteria required by city code. The representatives for TSC thought the process was quicker and wanted to get in the ground as soon as possible, but the process typically takes approximately 60 days. During the discussion of the platting process, signage issues were discussed with the TSC representatives. Gengler showed the plat plan and indicated the sliver-like extension of the main building lot located adjacent to I-29 right-of-way where the representatives wanted to place a pylon sign. Gengler stated most of the length of 32nd Avenue South was zoned as PUD (Planned Unit Development) and as such, pylon signs are not allowed. The TSC representatives understood that a ground monument sign was required along 32nd Avenue South and wanted to know how they could change the rules to also have a pylon sign on the interstate. Staff told them they could request it and they added the “flag” or “antennae” shaped property to the plat in order to request a pylon sign. The flag property would be approximately 1500 linear feet by1 foot wide.

Staff discussed the issue and wondered how to deal with it if TSC representatives did request it. The final decision was to include the main building area in the PUD and the strip of land (flag lot) would be a B-3 commercial land use. Pylon signs are permitted in the B-3 District. The company wanted the pylon sign for interstate visibility. Gengler said allowing a pylon sign would be going backwards from what the city has attempted to do for the past 20 years or more.

Gengler also discussed the history of the 32nd Avenue South/I-29 interchange signage conflict when the Big Sioux was constructed. There was disagreement on the height of the truck stop sign and the city council overrode the recommendation made by the Planning and Zoning Commission.

Gengler also discussed the modification of the sign code to allow the Super Target shopping area signage, a large ground monument sign located on I-29.

Planning department staff would not support the plat, as submitted, with the flag area or the signage proposed for that property. The plat was still under review and other issues such as the roadway network would be discussed with the property owner.

Gengler said in addition to the special conditions required, the plat was rushed somewhat to expedite the process and said the plat would probably be different at final review. He stated one of the confusing issues was where to align the roadway network. He indicated where the access to the truck stop was located and stated that whether it is a dedicated roadway or any other type of access, the TSC property access must align with what was already in place. One option was to require a standard 80-foot right-of-way roadway dedication immediately adjacent to the property, but that recommendation was subsequently removed from the list of special conditions. A recommendation that may show up at final review would be to extend the lot line 40 feet to the west and that would be approximately at the centerline of the access for properties north of the site to the south (32nd Avenue South). The driveway would then be shown on the plat. Gengler said access control was a provision of the subdivision regulations and the issue had to be addressed. Further meetings with the property owner and applicants would continue between preliminary and final review. Gengler said staff approval of the plat does not include the northerly lot extension abutting the Interstate 29 right-of-way, as shown.

Grasser stated he had met with the developers regarding the comments on the concept development plan (48th Street Corridor Study). Currently, the only plan on paper was established by the GF-EGF MPO (Grand Forks-East Grand Forks Metropolitan Planning Organization) showing some concepts of road locations and drainage. The other document available would be the zoning map and that document indicates industrial zoning for the area. The owner had different ideas on the development of the area and the zoning for the area. Grasser said they were good ideas but his concern was in not having some roadmap as to how the area will develop. There are other adjacent property owners who have interests in the area, such as the long lot to the north directly behind the animal hospital and owned by the animal hospital. Grasser said a concept as to how roads and utilities would be laid out was needed. Without a planning document showing some concepts, there will always be struggles as far as requirements for roads, access, utilities, etc. He said he wanted to emphasize the need for such planning concept documents.

Matejcek said the flag lot was an extremely bad idea. Would that open the door for Lowe’s to do the same thing? He said he was not against pylon signs but would be against the one for TSC. He also said in the future there may have to be an access road on the inside of the interstate as already exists on the east side. If an access road were needed on the west side, the flag lot would be in the way of the road.

Matejcek asked about the zoning for the animal hospital. Gengler answered it was A-2. The truck stop is a PUD with B-3 uses. He stated the Columbia West PUD was designed to allowed both B-3 and I-2 uses. Longfiber is a PUD with I-2 uses. Gengler said the current approved Land Use Plan (2015 Plan) shows the corridor area just north of 32nd Avenue South to be commercial. The latest work on a new updated Land Use Plan shows Section 18 to be industrial. Now the plan is to introduce some commercial uses and industrial uses. The Land Use Plan should identify where the zoning districts would be located.

Hagness stated Cartiva was denied a pylon sign on the east side of Interstate 29. They never did build but took over an existing building. Hagness asked if TSC wanted to be in the city. Gengler said they were told they would be annexed into the city.

Hagness asked if the Kindness Animal Hospital would also be annexed into the city.

Gengler said that hospital property would not be affected by the annexation of TSC.

Hagness said when Kindness Animal Hospital was constructed the owner said as soon as the city was contiguous to them and there was development to the west of their property, he would agree to annexation.

Malm said that was the agreement. Other property to the west was developed and nothing was done about annexing them.

Matejcek said all the services are annexed in front of the animal hospital facility.

Hagness said there should be not be leapfrog development by annexing TSC and not including Kindness Animal Hospital.

Malm said there was no annexation being considered for the TSC property as yet. Hagness said he just wanted to remind staff and members what the agreement was with the Kindness Animal Hospital.

Doug Herzog, CPS, Ltd., stated their firm was recently hired to work on the TSC project. He felt there was two points to consider. The first point would be that Johnson Farms intentions for the front part along 32nd Avenue South would be B-3 type uses. That would be more compatible with the sense of being beautiful as far as the Land Use Plan is concerned, otherwise 32nd Avenue South ends up as another U. S. Highway 2. The industrial areas would be behind the B-3 type uses. The second point would be to consider a pond where the flag lot is drawn and that would help both the Maier and Johnson properties. Mr. Herzog stated he had two plats over the last 18 years for the Kindness Animal Hospital property and it still was not platted. The hospital has an access and at one time, the owner was planning a private road to the back property. The flag lot was placed on the plat because of the ordinance that prohibits off-premise signing. In talking with the TSC representatives, they are not interested in a sign similar to the truck stop on the interstate; they are more interested in a Target type sign.

Kerian asked if TSC was buying all the land adjacent to the flag lot. Mr. Herzog stated they would plat and own the strip of land for the signage they desire. The have to own the property they put signage on. The flag type property has been used in other parts of the country.

Kerian asked if they put a sign on their own property, would it be shielded by the Kindness Hospital. Herzog answered yes.

Mr. Herzog stated that the Maier property does not have direct access. Mrs. Maier has an easement from the Johnson’s for a 24-foot strip but has never been able to use the 24-foot strip because it is covered by a shelterbelt. The Johnson’s have allowed her to use what would be known as 48th Street.

Kreun agreed that the flag lot would not be a good idea. However, the comment was made regarding a monument type sign similar to the Target sign. As more businesses develop, other names could be added to the sign. He said he was in favor of looking at the option and would like the planning office to consider options for that type of sign if it is acceptable to the commission.

Mr. Herzog asked if the whole area was in a PUD, would the PUD ordinance take precedence and allow an easement to be used for off-premise signing as opposed to a conventional ordinance that does not allow off-premise signage?

Kreun said he did not think the commission or the city wanted to deviate from what was presently on the books. If some type of signage could be developed similar to the Target signage, he was willing to look at it.

Gengler said the signage issue should be reviewed by the sign subcommittee in order to investigate other options. However, the sign code for today is very clear and off-premise signage would not be allowed.

Hagness asked how Target managed to get the sign they have on the interstate.

Gengler explained an ordinance was designed to fit the very large parcel of the Marketplace property. The ordinance was changed addressing a “business landmark” sign. There were qualifiers built into the ordinance that was suited to the Target area.

Malm said another ordinance would have to be written expressly for a particular area.

Drees stated he remembered the agreement from the owner of the Kindness Hospital, however, the Kindness Hospital covers 20 acres and to annex 20 acres to take in the three acres for TSC would not be fair. The city should only annex the developed portion of the Kindness Hospital property.

Malm said another development along 32nd Avenue South would quickly change things. He stated the commission and staff needs to look at what might happen on 32nd Avenue South down to the Airport Road. The city does not want or need another Highway 2 on 32nd Avenue South.

Matejcek said TSC’s signage should be located on and in conjunction with the Kindness Animal Hospital.

Malm said that although the plan is not totally complete, staff would work on it during the next month. He suggested following the recommended action on all three of the items and sending it on to the city council. He noted there did not seem to be any support for the pylon sign.

MOTION BY KREUN AND SECOND BY KERIAN TO GRANT PRELIMINARY APPROVAL BASED ON THE RECOMMENDATION OF THE STAFF AND SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS:
1. Submit title opinion.
2. Provide concept development plan for lands north of 32nd Avenue South and east of South 48th Street.
3. Align access location along 32nd Avenue South with pre-existing locations.
4. Show access control along 32nd Avenue South.
5. Creation of proposed “flag lot” would limit access to the north part of the animal hospital lands.
6. Show necessary easements for utility access and ditching.

MOTION CARRIED UNANIMOUSLY.


4-2. MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF CRARY DEVELOPMENT, INC., FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO REZONE AND EXCLUDE FROM THE COLUMBIA PARK WEST PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 1, AND TO INCLUDE WITHIN THE COLUMBIA PARK WEST PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 2, ALL OF COLUMBIA PARK 22,23, AND 28 ADDITIONS AND JOHNSONS WEST FIRST ADDITION, TO THE CITY OF GRAND FORKS, NORTH DAKOTA, AND ALSO TO INCLUDE UNPLATTED PORTIONS OF THE SOUTHEAST QUARTER OF SECTION 18, TWP 151 NORTH, RANGE 50 WEST, OF THE FIFTH PRINCIPAL MERIDIAN , LYING NORTH OF AND ADJACENT TO 32ND AVENUE SOUTH.

Gengler reviewed the request, stating the ordinance would actually establish the PUD. He indicated the area that would include the TSC property and the remainder of the property that would also be included in the PUD. The TSC property would be B-3 type uses while the remainder of the PUD property would remain A-2 type uses.

Doug Herzog, CPS, Ltd., discussed the seven points under the North Dakota Century Code that determines land value. If the property has four points out of the seven (land is contiguous, utilities, and then platting and zoning), it would trigger a high value on farmland.

Grasser stated that in discussions on the project, Mr. Crary was concerned about meeting too many points. The city was concerned about getting all the information on the table so it was available to the public. Grasser said he suggested a notation of consideration for B-3 type uses in the area. For beautification purposes, that is a good idea. He said it might be a compromise to get the information out but not actually implement it so that too many points are accumulated.

Mr. Herzog asked if Grasser was suggesting putting the entire 90 acres in a PUD if it stayed agricultural until development triggered otherwise? He suggested that maybe just adding a note that the areas would be future B-3 type uses would work. That way the street layouts could be made for that PUD.

MOTION BY HAGNESS AND SECOND BY SMITH TO GRANT PRELIMINARY APPROVAL TO THE CONCEPT DEVELOPMENT PLAN.

Drees stated he had a problem with the flag lot.

Gengler stated that for various reasons staff had to dissect the flag lot from the PUD zoning. The flag portion itself is the follow on agenda item and that strip of land is being presented as a conventional zoning to standard B-3. The PUD as presented does not include the flag lot portion.

MOTION CARRIED UNANIMOUSLY.


4-3. MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF CRARY DEVELOPMENT, FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO REZONE AND EXCLUDE FROM THE A-2 (AGRICULTURAL RESERVE) DISTRICT AND TO INCLUDE WITHIN THE B-3 (GENERAL BUSINESS) DISTRICT, LOT 1, BLOCK 1, JOHNSONS WEST FIRST ADDITION, EXCLUDING THE SOUTHERLY 595 FEET OF LOT 1, BLOCK 1, AS SHOWN ON THE PLAT OF JOHNSONS WEST FIRST ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 18, TWP 151 NORTH, RANGE 50 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, LYING NORTH OF AND ADJACENT TO 32ND AVENUE SOUTH.

Gengler stated the ordinance covers only the flag lot strip. Staff recommendation was for denial.

MOTION BY KERIAN AND SECOND BY KREUN FOR DENIAL OF THE REQUEST. MOTION CARRIED UNANIMOUSLY.

Hagness asked that the possibility of a similar sign to Target or an alternative be considered based on discussion of the issue.

Gengler said that would be a critical part of the discussion. If the Council has a similar attitude, it might be appropriate to send the issue to the sign subcommittee to research any and all possibilities.


4-4. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF THE CITY OF GRAND FORKS, NORTH DAKOTA, FOR PRELIMINARY APPROVAL OF THE PLAT OF AUDITOR’S RESUBDIVISION NO. 38 TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED IN THE 2400 BLOCK OF BELMONT ROAD.

Gengler stated the reason for moving the item from final to preliminary was based on the need for additional roadway dedication of existing unplatted portions on Belmont Road. The subject property is the home of the Myra Museum and the property formerly known as Wintergarden Townhomes. The plat is part of the overall flood protection. Gengler indicated the portion that would be part of the city owned flood protection and the location of the dike wall. The western area would be owned by the Museum. Gengler stated there was an approved site plan relocating the museum building to a proper location on the west side of the dike. Staff recommendation was for final approval.

MOTION BY DR. HALL AND SECOND BY GRASSER TO GRANT PRELIMINARY APPROVAL TO THE PLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS:
1. Submit title opinion.
2. Use numbers on lots instead of letters.
3. Expand plat boundary to include unplatted Belmont Road right-of-way.
4. Show and include note for 100-year floodline.
5. Show elevation contours.
6. Add floodway boundary line.
7. Use longer City Council approval certificate, as a street and highway ordinance is required for right-of-way dedication.
8. Include ingress-egress easement on north edge of Lot E.
9. Show access control along Belmont Road except at existing driveways.
10. Label Belmont Road as a minor arterial.

MOTION CARRIED UNANIMOUSLY.


5. REPORTS FROM THE PLANNING DEPARTMENT:

None.

6. OTHER BUSINESS:

Malm stated that something had to be done on the Land Use Plan and the Land Use Subcommittee needed to be called back into existence. He requested that Durrenberger and Gengler inform Mr. Potter to schedule a committee meeting before the next Planning and Zoning Commission.

Malm stated Fargo did something that might be worthwhile for the Commission. He suggested that on Wednesday, September 8, 2004, at 5:00 p.m. the city provide a bus for Commission members to do a tour of various areas of the city. When the tour is over, members would return to City Hall for discussions on what might happen in areas of the city. Pizza and drinks (purchased from the planning department budget) would be provided during the discussion time.

Malm asked the planning department secretary to call members and see if they would be available for a bus tour on September 8, 2004, at 5:00 p.m.



Matejcek announced that last week during the Catfish Days Chili Cookoff, Mayor Brown’s team won the cookoff but Matejcek’s team won the People’s Choice 2 to 1.



Bruce Melin, Building Inspector, spoke on the vacation request (Item No. 3-12) and questioned the impact of the easements on building code requirements. His concern was that moving the lot lines closer to the adjacent buildings would result in a requirement for a one-hour firewall. This would necessitate closing existing window openings.

Grasser answered by saying that the Dakota Hotel is presently located close to the existing property line. The process of the vacation allows the right-of-way to be split in half and each half goes to the property owner that abuts the vacation line. So, in effect, the existing property line would be moved further away from the existing building than what exists today. The vacation is part of a working agreement with the Dakota Hotel as far as how to acquire property and work it out with the flood protection project. Grasser also said the city is the property owner on the east and south sides.

Melin stated the fire department would now be faced with no access to fight fires behind the buildings.

7. ADJOURNMENT.

MOTION BY MATEJCEK AND SECOND BY DREES TO ADJOURN THE MEETING AT 8:37 P.M. MOTION CARRIED UNANIMOUSLY.



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John R. Drees, Secretary



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Gary K. Malm, President