City of Grand Forks, North Dakota

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	PLANNING AND ZONING COMMISSION MEETING MINUTES City of Grand Forks, North Dakota April 6, 2005 MEMBERS PRESENT The meeting was called to order by President Gary Malm with the following members present: John Drees, Al Grasser, Tom Hagness, Dr. Lyle Hall, Bill Hutchison, John Jeno, Dorette Kerian, Curt Kreun, Frank Matejcek, Sheryl Smith and Marijo Whitcomb. Absent: Mayor (Dr.) Michael Brown, Dr. Robert Kweit, and Paula Lee. A quorum was present. Staff present included Dennis Potter, City Planner; Charles Durrenberger, Senior Planner; Brad Gengler, Senior Planner; and Carolyn Schalk, Administrative Specialist, Senior. 2. READING AND APPROVAL OF MINUTES FOR MARCH 2, 2005. Malm asked if there were any additions or corrections to the minutes of March 2, 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 JAKE SOPER, BUELL CONSULTING, ON BEHALF OF VERIZON WIRELESS, FOR APPROVAL OF A CONDITIONAL USE PERMIT (CUP) TO CONSTRUCT A WIRELESS COMMUNICATION TOWER TO BE LOCATED IN THE RAY RICHARDS GOLF COURSE ADDITION TO THE CITY OF GRAND FORKS, ND, AND LOCATED IN THE 3800 BLOCK OF DEMERS AVENUE. Durrenberger reviewed the request for a conditional use permit (CUP) to construct a wireless communications tower at the Ray Richards Golf Course. An alternative site was previously considered, but that site created concern among the surrounding residential citizens. The new site would place the 56’ tower closer to the clubhouse, south of the existing parking lot. Two maintenance buildings are presently in place at the site. One of the buildings would be razed and a new one built. The new building would be a co-location for the park maintenance and Verizon tower equipment. Staff recommendation was for approval of the CUP and a waiver of the co-location requirements due to the shortness of the tower. Kerian asked about the siding for the building. Jake Soper, Verizon Wireless, 905 Jefferson Avenue, St. Paul, MN, stated the company agreed to match their building with the existing siding of the clubhouse. Kerian asked about concerns from the neighborhood. Durrenberger replied a letter was mailed to citizens in the surrounding neighborhood with a diagram of the proposed tower. To date, there had been no feedback from the neighborhood. Malm opened the public hearing. Peg O’Leary, Coordinator for the Grand Forks Historic Preservation Commission, 907 Oak, Grand Forks, ND, asked if the tower would be disguised as a flagpole as presented with the first request. Mr. Soper replied the cell tower would be a stealth type pole with antennas inside but it may or may not have a flag attached to it. Malm closed the public hearing. MOTION BY KREUN AND SECOND BY WHITCOMB TO APPROVE THE CONDITIONAL USE PERMIT (CUP) AND THE EXEMPTION OF THE CO-LOCATION REQUIREMENTS AS PRESENTED Kreun further added that he appreciated Mr. Soper working with the city on the issues raised by the citizens and was glad to see that the pole would blend in with the landscape. MOTION CARRIED UNANIMOUSLY. 3-2. (PUBLIC HEARING) MATTER OF THE REQUEST FROM RANDY GRAM, ON BEHALF OF MILLER AND HOLMES, INC., FOR APPROVAL OF AN AMENDMENT TO THE EXISTING CONDITIONAL USE PERMIT FOR LOTS 1 AND 3, BLOCK 5, ORIGINAL TOWNSITE TO THE CITY OF GRAND FORKS, ND, FOR THE PURPOSE OF ALLOWING ADVERTISING READER BOARDS ON THE M&H GROCERY AND AUTOMOBILE SERVICE BUSINESS, LOCATED AT 419 NORTH FIFTH STREET. Durrenberger reviewed the item, stating it had been tabled several months. A meeting was held with Mr. Randy Gram on behalf of M&H, Bev Collings, building and zoning administrator, Peg O’Leary, the coordinator for the Grand Forks Historic Preservation Commission, and Durrenberger to discuss the issues presented by Ms. O’Leary at a previous meeting. Her concern was the number of signs located on and around the building and the fact that the building was located across from historic buildings. After the meeting, many of the vendor signs were removed. The request was for two 4x8 signs, one to be placed on the side of the building facing St. Michael’s Church and the other sign was to be placed on the east elevation of the building. The signs are not illuminated and would be used to describe specials. Staff recommendation was for approval of the CUP. Dr. Hall questioned the calculations of the sign size in the staff report. Durrenberger said it was an error and the sign size should reflect 720 square feet (what would be allowed if they were located in a B-3 District), not 2400 square feet. Dr. Hall asked why a conditional use permit was necessary. Durrenberger replied the conditional use permit was necessary because the owners wanted to tear down the existing building and build a new one. Since the facility was located in an R-4 District, it was a non-conforming use and the amount of signage allowed in an R-4 District would be very little. The approved conditional use permit allowed them to rebuild their building but did not address the signage issue. The request for the two 4x8 signs would be an amendment to the existing conditional use permit. Kerian asked about the signs that had been removed. Durrenberger answered the signs placed on the pole by different vendors were removed. Kreun asked the total amount of signage M&H would be allowed. Durrenberger answered they were allowed three feet per linear foot of frontage or 10% of the building facing (if located in a B-3 District) whichever is greater. Kreun asked the amount of square footage M&H had requested for signage. Durrenberger replied it was 312 square feet and that was based on the linear frontage rule. The 10% rule was not considered. Malm opened the public hearing. Peg O’Leary, Coordinator of the Grand Forks Historic Preservation Commission, 907 Oak, Grand Forks, ND, said there were three sandwich boards that were removed. She stated the signs come and go and felt the M&H owners would be diligent in keeping the signs down. The sandwich boards do add clutter but not to the total look of the building. She stated the building was designed to fit in with the rest of the neighborhood which is an R-4 area and not a B-3 District. Ms. O’Leary said they still have a lot of signage which includes several signs with removable letters and M&H signs in red block lighted letters in at least 10 places on the property. Some are small but add to the cluttered look at the corner. There would also be a potential for signs in the windows. She showed a picture of the Valley Dairy store located at Belmont and South 4th Street as a comparable building and noted they have far less signage than the M&H building. One of the reasons for signage would be to attract attention for the business; however she said M&H has no competition within a mile. The store has been grandfathered in because they have been there for so long and additional signage would be unnecessary and would only add more clutter to a residential area. She noted M&H is located in the same R-4 District as Deitz Business Promotions. Deitz Business Promotions has very small signage for their business but it is based on the amount of signage allowed for the R-4 District. Hutchison asked about the 10 M&H signs in and around the building and if they showed up on the pictures presented. Ms. O’Leary answered no but that they do show up when one drives by the business. Malm closed the public hearing. Kreun asked about the amount of square footage of signage for the Valley Dairy store. Ms. O’Leary said she did not know the exact square footage for signage. Kreun said if a comparison was the argument, then the amount of square footage would need to be known. Ms. O’Leary said she was not working with square footage but was dealing with the number of signs. Kreun asked if the lettering of M&H on the building constituted a part of the signage. He was told yes. He asked if each letter is counted as part of the square footage or the whole area. Bev Collings, Building and Zoning Administrator, stated the code considers even the spacing of the letters (example: 6” around each letter of a certain size). They try to box in whatever logo would be visible. Hagness said the new store has been an improvement for the neighborhood and the neighborhood residents have voiced compliments about the design of the facility. MOTION BY HAGNESS AND SECOND BY WHITCOMB TO APPROVE THE SIGNAGE AS AN AMENDMENT TO THE EXISTING CONDITIONAL USE PERMIT. MOTION CARRIED WITH DREES, SMITH AND KERIAN VOTING NAY. 3-3. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS LTD., ON BEHALF OF VERNON AND JUDITH GORNOWICZ, FOR FINAL APPROVAL OF THE PLAT OF VERN’S SOUTHERN ESTATES FIRST ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED IN THE 1900 BLOCK OF 47TH AVENUE SOUTH. MOTION BY MATEJCEK AND SECOND BY DR. HALL TO TABLE THE REQUEST INDEFINITELY. MOTION CARRIED UNANIMOUSLY. 3-4. (PUBLIC HEARING) MATTER OF THE REQUEST FROM WARREN AND COLETTE LECLERC, FOR FINAL APPROVAL OF THE YOUNG RESUBDIVISION, BEING A REPLAT OF LOT 2, BLOCK 1, YOUNG SUBDIVISION INCLUDING A PLATTED STRIP OF LAND 30 FEET BY 306 FEET LYING BETWEEN THE WEST RIGHT-OF-WAY LINE OF COUNTY HIGHWAY 81 AND THE EAST LINE OF SAID BLOCK 1, PREVIOUSLY DESIGNATED AS AN ACCESS ROAD AND INCLUDING AN UNPLATTED STRIP OF LAND 123 FEET BY 508 FEET LYING SOUTH OF AND ADJACENT TO SAID BLOCK 1 AND SOUTH OF AND ADJACENT TO THE PREVIOUSLY DESCRIBED 30-FOOT WIDE ACCESS ROAD. THE PROPERTY IS LOCATED AT 7274 SOUTH WASHINGTON STREET. Durrenberger reviewed the request, stating it was two lots at the current time. Mr. LeClerc owns one of the lots and the combining of his lot with a portion of unplatted property to the south he would purchase would create the Young Resubdivision. Durrenberger stated Mr. LeClerc had previously sought approval of a plat but was denied by city council because it did not meet the two and one-half acre requirement for residential lots in a rural area. The current plat would conform to the two and one-half acre rural requirement and provides access in front of the lot along Washington Street. Staff recommendation was for approval of the request. Kreun asked if the purchase of the additional land had been completed. Durrenberger answered no. An agreement exists between Mr. LeClerc and the seller that once the property had received approval for platting, Mr. LeClerc would finalize the purchased of the land. Potter said the plat would not be signed or released until the LeClercs had proved ownership of the additional property. Malm 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 PLAT REQUEST, SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY: 1. Submit title opinion. 2. Correctly spell Merrifield Road. MOTION CARRIED UNANIMOUSLY. 3-5. (PUBLIC HEARING) MATTER OF THE REQUEST FROM THE GRAND FORKS ENGINEERING DEPARTMENT FOR APPROVAL OF A RESOLUTION AMENDING ACCESS CONTROL RESTRICTIONS TO RECOGNIZE AN EXISTING DRIVEWAY ON THE NORTH SIDE OF 62ND AVENUE SOUTH ADJACENT TO LOTS 1 AND 2, BLOCK 1, OAKWOOD THIRD RESUBDIVISION. Durrenberger reviewed the request and said when the Oakwood 3rd Resubdivision was approved there was an access restriction placed all along 62nd Avenue South. An existing residence that has access off 62nd Avenue South requested a variance to continue using the access onto 62nd Avenue South. The city attorney prepared a resolution that states if the owner sells the property or builds a second house in the area, he would no longer have the ability to use the access onto 62nd Avenue South and would have to use the access road to the east. If the current resident builds an accessory building, it would not void the resolution and they can rebuild a home in the present location if they are the ones to occupy it. Otherwise, the access would be closed. Durrenberger said the access issue was an oversight when the plat was approved. Staff recommendation was for approval of the resolution giving the current resident the ability to access onto 62nd Avenue South. Malm opened the public hearing. There was no one to speak and the public hearing was closed. MOTION BY DREES AND SECOND BY KREUN TO GRANT APPROVAL TO THE RESOLUTION REQUEST. MOTION CARRIED UNAMIOUSLY. 3-6. (PUBLIC HEARING) MATTER OF THE REQUEST FROM STEVE LOEGERING, ON BEHALF OF REAL PRESENCE RADIO, FOR APPROVAL OF A CONDITIONAL USE PERMIT TO CONSTRUCT A RADIO BROADCAST TOWER TO BE LOCATED IN LOT 1, BLOCK 1, REAL PRESENCE RADIO ADDITION TO THE CITY OF GRAND FORKS, ND, IN THE 6900 BLOCK OF DEMERS AVENUE. Smith asked to be excused from voting on the issue. MOTION BY WHITCOMB AND SECOND BY MATEJCEK TO EXCUSE SMITH FROM VOTING ON THE REQUEST. MOTION CARRIED UNANIMOUSLY. Durrenberger reviewed the request, stating the company currently uses the tower located on the UND property. That tower was being sold and the location selected for their new tower is located in the southwest corner of South 69th Street and DeMers Avenue. A conditional use permit would be required for a wireless communication tower in an A-2 District. Many times companies would operate under leasehold, but they have chosen to purchase the property for the tower. One of the issues for the property was access and as part of the conditional use permit, the recommendation would be to place the access on the south property line to maximize the distance from DeMers Avenue. The code access requirement from an intersection would be 660 feet and the recommended access would be short by 60 feet. The Real Presence Company is currently in talks with the land owner about consolidating an adjacent existing farm access. Staff recommendation was for approval of the conditional use permit. Dr. Hall asked about the type of tower being considered. Steve Loegering, Casselton, ND and representing Real Presence Radio, stated the tower would be for the AM station. It is a tower with guy wires and the tower itself would be the antennae. There would be no antennaes on the tower but there might be a small SDL dish for communication purposes to the transmitter. Malm opened the public hearing. Kreun asked about the height of the current tower and noted the proposed tower would be 180 feet high. Mr. Leogering said the old tower was 230 feet. At 200 feet, towers must be lit and that was the reason for the 180-foot tower. They have a request before the Federal Aviation Administration (FAA) since it would be close to the airport. The sale of the property would be subject to approval from the Federal Communications Commission (?) as well as approval from the FAA. Grasser asked how far the recommended access was from the current field access. Durrenberger stated it was approximately 100 feet. Malm opened the public hearing. There was no one else to speak and the public hearing was closed. MOTION BY HAGNESS AND SECOND BY HUTCHISON TO GRANT APPROVAL TO THE CONDITIONAL USE PERMIT REQUEST. Kerian asked about traffic around the site. She was told there would be very little traffic; mainly just maintenance trucks. MOTION CARRIED UNANIMOUSLY. 3-7. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF CRARY DEVELOPMENT, FOR FINAL APPROVAL OF THE PLAT OF JOHNSON’S WEST FIRST ADDITION TO THE CITY OF GRAND FORKS, ND, BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 18, TWP 151 NORTH, RANGE 50 WEST, OF THE 5TH PRINCIPAL MERIDIAN, LYING NORTH OF AND ADJACENT TO 32ND AVENUE SOUTH. Gengler reviewed the request stating the plat had previously been approved. However, before filing the plat, the owner submitted a revised plat showing a reduction in lot depth from 470 feet to 446 feet. The change would reduce the overall platted acreage from 3.79 acres to 3.60 acres. If approved, the new plat would supercede the previously approved plat. Staff recommendation was for final approval. Malm opened the public hearing. There was no one to speak and the public hearing was closed. MOTION BY WHITCOMB AND SECOND BY SMITH 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. Add Ordinance No. 4029 to lands to be dedicated as right-of-way. 3. Show square footage and acreage for Lot 1, Block 1. MOTION CARRIED UNANIMOUSLY. 3-8. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, ON BEHALF OF THE CITY OF GRAND FORKS, NORTH DAKOTA, FOR FINAL APPROVAL (FAST TRACT), OF THE PLAT OF AUDITOR’S RESUBDIVISION NO. 38 TO THE CITY OF GRAND FORKS, ND, LOCATED IN THE 2400 BLOCK OF BELMONT ROAD. Gengler reviewed the request, stating the plat had been approved previously for the home of the Myra Museum. The plat needed some adjustments delineating the property ownership for the areas on the plat map. Everything to the east would be owned by the city for dike purposes and everything to the west would be owned by the historic society. Originally there was one large lot and it was decided to split it into two lots. Staff recommendation was for final approval. Malm opened the public hearing. There was no one to speak and the public hearing was closed. MOTION BY DR. HALL AND SECOND BY GRASSER TO GRANT FINAL APPROVAL OF THE PLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY: 1. Show ground contours. 2. Add Ordinance No. 4031, approved September 20, 2004 to city council certificate approval. 3. Need Letters of Ratification from lenders for Lot 1, Block 1. MOTION CARRIED UNANIMOUSLY. 3-9. (PUBLIC HEARING) MATTER OF THE REQUEST FROM ERLAND AND KIM GREENDAHL FOR APPROVAL OF A VARIANCE TO THE SUBDIVISION REGULATIONS OF THE LAND DEVELOPMENT CODE, RELATING TO RIGHT-OF-WAY ACCESS TO COLLECTOR STREETS FOR LOT 17, BLOCK 2, UNIVERSITY HEIGHTS ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED AT 3602 9TH AVENUE NORTH. Gengler reviewed the variance stating a request was made previously for the property. The Commission approved a driveway but not in the location of the request. The City Council approved a driveway on the common lot line between the subject property and the property to the north. The owner of the property to the north was not a party to the variance request and had no intention of utilizing a shared driveway with the subject property. It ended up being a useless driveway to the subject property owner. The requesting party constructed a detached garage and driveway on the north side of the home to house a boat. It was not constructed as the primary garage. A variance would be required since Stanford Road was classified as a collector street. Staff recommendation was for approval to supercede the previous approval. Kerian asked if the driveway was in use. Gengler replied there was no curb cut or driveway approach onto Stanford at the current time. If the variance were approved, the curb cut and approach would be made. Grasser asked to be excused from voting. MOTION BY MATEJCEK AND SECOND BY DREES TO EXCUSE GRASSER FROM VOTING ON THE ISSUE. MOTION CARRIED UNANIMOUSLY. Malm opened the public hearing. There was no one to speak and the public hearing was closed. MOTION BY DREES AND SECOND BY KERIAN TO GRANT APPROVAL OF THE VARIANCE TO SUPERCEDE THE PREVIOUSLY APPROVED REQUEST. MOTION CARRIED UNANIMOUSLY. 3-10. MATTER OF THE PETITION FROM KEVIN JACOBSON FOR APPROVAL TO VACATE THE UTILITY EASEMENT LYING WITHIN LOT 13, BLOCK 6, UNIVERSITY HEIGHTS ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED AT 1018 SHAKESPEARE ROAD. Gengler reviewed the request, stating the primary purpose of vacating the existing 15-foot utility easement was the property owner’s desire to construct an addition to the existing garage which would encroach into the easement. The engineering department reviewed the request. There are no utilities in the area and the request was only to vacate one-half of the easement. Malm opened the public hearing. There was no one to speak and the public hearing was closed. MOTION BY HAGNESS AND SECOND BY KERIAN TO GRANT APPROVAL OF THE VACATION REQUEST. MOTION CARRIED UNANIMOUSLY. 3-11. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF BLACK GOLD FARMS AND KEITH DANKS, JR., FOR FINAL APPROVAL (FAST TRACK) OF THE REPLAT OF LOT C, DEMERS FIFTH ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, AND LOCATED IN THE 2100 BLOCK OF DEMERS AVENUE. Gengler reviewed the request, stating the property was recently replatted. Following the replat, minor discrepancies were discovered and the current replat adds six feet of property to the north. Staff recommendation was for final approval. Malm opened the public hearing. There was no one to speak and the public hearing was closed. MOTION BY DR. HALL AND SECOND BY HUTCHISON TO GRANT FINAL APPROVAL TO THE REPLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY: 1. Submit title opinion. 2. Include entire Lot C in the plat boundary. 3. Show existing access control line along south line of plat and in legend. 4. Show all existing easements. 5. Include curve data for southeast corner of Lot C. 6. Label unplatted lands north of plat as Burlington Northern-Santa Fe Railroad property. MOTION CARRIED UNANIMOUSLY. 3-12. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF JIM AND JENNIFER DEITZ, FOR FINAL APPROVAL (FAST TRACK) OF DEITZ RESUBDIVISION, BEING A REPLAT OF ALL OF LOTS 17 AND 19, EXCEPT THE SOUTHERLY 10-FEET OF THE FRONT 70 FEET OF LOT 19 AND THE REAR 70 FEET OF LOTS 21 AND 23, BLOCK 9, PARTLY IN MCKELVEY AND HOLCOMBE’S ADDITION AND PARTLY IN GRIGG’S ADDITION TO GRAND FORKS, DAKOTA TERRITORY, LOCATED AT NORTH 6TH STREET AND 2ND AVENUE NORTH. Gengler reviewed the request, stating the property was zoned B-4 as part of the downtown area. The property consists of seven individual properties, but owned by one property owner. The replat would join all the properties and create one platted parcel. Currently there exists a two to three unit structure on the property and the owner wants to add a detached garage. The existing subdivision regulations would not allow him to construct the garage because of the multiple lot lines. Gengler stated it was a house cleaning measure. Kerian asked about placement of the house and proposed garage. Gengler replied the house faces the street side and the entrance of the proposed garage would be from the alley. Malm opened the public hearing. There was no one to speak and the public hearing was closed. MOTION BY HUTCHISON AND SECOND BY KERIAN TO GRANT FINAL APPROVAL TO THE REPLAT REQUEST, SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY: 1. Submit title opinion. 2. Correct wordage in plat title and owner’s certificate as shown. MOTION CARRIED UNANIMOUSLY. 3-13. (PUBLIC HEARING) MATTER OF THE REQUEST FROM THE PLANNING DEPARTMENT FOR FINAL APPROVAL OF AN ORDINANCE TO AMEND THE TEXT OF THE LAND DEVELOPMENT CODE , CHAPTER XVIII OF THE GRAND FORKS CITY CODE OF 1987, AS AMENDED, AMENDING ARTICLE 9, SUBDIVISION REGULATIONS, REPEALING AND RE-ENACTING SECTION 18-0906, PROCEDURE; RELATING TO SUBDIVISION REGULATIONS AND PROCEDURES. Gengler stated staff recommendation was to continue the item until the May 4, 2005, Planning and Zoning Commission meeting. MOTION BY DREES AND SECOND BY HALL TO TABLE THE REQUEST UNTIL MAY. MOTION CARRIED UNANIMOUSLY. 3-14. (PUBLIC HEARING) MATTER OF THE REQUEST FROM BRANDEN BARTHOLOMEW, ON BEHALF OF THERESE PROCHASKA AND THE CITY OF GRAND FORKS, ND, FOR FINAL APPROVAL (FAST TRACK) OF THE REPLAT OF LOTS 12-14, BLOCK 4, OLSON’S ADDITION TO THE CITY OF GRAND FORKS, ND, AND LOCATED AT 27TH AVENUE SOUTH AND OLSON DRIVE. Gengler reviewed the request, stating the replat was in conjunction with the overall flood protection system. Lot A was under private ownership and Lot B would be city owned, but options to sell it to the adjoining property owner. Malm opened the public hearing. There was no one to speak and the public hearing was closed. MOTION BY WHITCOMB AND SECOND BY GRASSER TO APPROVE THE REPLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY: 1. Submit title opinion. 2. List City of Grand Forks as owner in owner’s certificate. MOTION CARRIED UNANIMOUSLY. 3-15. MATTER OF THE PETITION FROM BRANDEN BARTHOLOMEW, ON BEHALF OF THE CITY OF GRAND FORKS, ND, FOR APPROVAL TO VACATE ALL POWER, TELEPHONE AND STORMWATER DRAINAGE EASEMENTS LYING WITHIN LOTS 1-14, BLOCK 4, OLSON’S ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED IN THE 2400 THROUGH 2700 BLOCKS OF OLSON DRIVE. Gengler reviewed the request, stating the vacation was just north of the previously discussed replat. The easements shown were no longer needed due to flood protection project. There were no questions on the issue. MOTION BY DREES AND SECOND BY KERIAN TO GRANT APPROVAL OF THE VACATION REQUEST. MOTION CARRIED UNANIMOUSLY. Malm announced the remained items were for preliminary approval. 4. COMMUNICATIONS AND PRELIMINARY APPROVALS: 4-1. MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF SOUTHERN ESTATES LLP, FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO EXCLUDE AND REZONE FROM THE SOUTHERN ESTATES PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 3 AND TO INCLUDE WITHIN THE SOUTHERN ESTATES PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 4, ALL OF COLUMBIA PARK 24TH AND 26TH ADDITIONS, COLUMBIA PARK 29TH RESUBDIVISION, ALL OF SOUTHERN ESTATES FIRST, SECOND, THIRD AND FOURTH ADDITIONS TO THE CITY OF GRAND FORKS, NORTH DAKOTA, AND ALSO TO INCLUDE UNPLATTED PORTIONS OF THE SOUTH HALF OF SECTION 21, TOWNSHIP 151 NORTH, RANGE 50 WEST OF THE 5TH PRINCIPAL MERIDIAN, AND LOCATED EAST OF COLUMBIA ROAD BETWEEN 36TH AND 47TH AVENUE SOUTH. Gengler reviewed the request, stating that one small area was recently platted for single family lots. The zoning request would change the area from B-3 type uses to R-1 type uses. There were no questions regarding the planned unit development. MOTION BY KREUN AND SECOND BY KERIAN TO GRANT PRELIMINARY APPROVAL OF THE PLANNED UNIT DEVELOPMENT, CONCEPT DEVELOPMENT PLAN REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY: 1. Change the legal description to read as follows: All of Columbia Park 24th and 26th Additions, Columbia Park 29th Resubdivision, all of Southern Estates First, Second, Third and Fourth Additions to the City of Grand Forks, North Dakota, and also to include unplatted portions of the South Half of Section 21, Township 151 North, Range 50 West of the 5th Principal Meridian, located east of Columbia Road, between 36th and 47th Avenue South. 2. Remove cross-hatching from previous amendments (1,2 and 3). 3. Use a heavier line type for the sub-areas. 4. On the west edge of Southern Estates 3rd and 4th, move the sub-area zoning line to centerline of South 25th Street and make the minor corrections as shown on the review copy. 5. Add “Amendment No. 4 to the area subject to this PUD amendment. MOTION CARRIED UNANIMOUSLY. 4-2. MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF COUNTRY DEVELOPMENT LLP, FOR PRELIMINARY APPROVAL OF THE PLAT OF COUNTRYVIEW THIRD RESUBDIVISION, TO THE CITY OF GRAND FORKS, ND, AND LOCATED NORTH OF ADAMS DRIVE AND EAST OF BELMONT ROAD. Durrenberger reviewed the request, stating the plat would continue the Countryview Development on Belmont Road. He noted there would be companion items for rezoning to R-1 and annexation. Durrenberger referred members to drawing showing the future streets and lots for the plat. The plat also includes a previously vacated area of Anderson’s Addition. The plat would be expanded to Adams Drive at final approval. Staff recommendation was for approval of the plat and street and highway ordinance and also for the area plan of the Countryview 3rd Resubdivision. Hagness asked if the streets were private on the area plan. Durrenberger said they would be dedicated streets. Hagness spoke against the cul-de-sacs on the area plan. Grasser spoke on the special conditions, saying easements would be needed on the south side of the street for utilities and would expand the basic plat. He said it wasn’t necessary to make that part of the plat. Also an easement would be needed to connect the sanitary sewer to the sanitary lift station on the south boundary of the development area on Adams Drive. MOTION BY GRASSER AND SECOND BY KREUN TO GRANT PRELIMINARY APPROVAL TO THE PLAT SUBJECT TO PROVIDING THE NECESSARY EASEMENTS ON THE SOUTH SIDE OF THE ROADWAY AND SEWER EASEMENTS TO CONNECT TO THE SANITARY LIFT STATION AND SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY: 1. Submit title opinion. 2. Include Grand Forks Park dedication. 3. Show arc distances for all curves. 4. Include all curve data. 5. Show existing lots and alleys of Anderson’s Addition. 6. Name or number street. 7. Add parts of platted Anderson’s Addition in the owner’s certificate. 8. Show previously vacated parts of Anderson’s Addition and include document number. 9. To serve area with utilities, expand plat boundary to include Adams Drive and interior streets as per submitted “Countryview Third Addition Concept Plan” dated March, 2005. Use block platting in areas of uncertainty. MOTION CARRIED UNANIMOUSLY. 4-3. MATTER OF THE REQUEST FROM CPS. LTD., ON BEHALF OF COUNTRY DEVELOPMENT LLP, FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO EXCLUDE FROM THE A-2 (AGRICULTURAL RESERVE) DISTRICT AND TO INCLUDE WITHIN THE R-1 (SINGLE FAMILY RESIDENCE) DISTRICT, FOR ALL OF COUNTRYVIEW THIRD RESUBDIVISION, LOCATED IN THE 5400 BLOCK OF BELMONT ROAD. Durrenberger reviewed the rezoning request for the Countryview Third Resubdivision including areas beyond the plat in order to continue the single-family area down to the Prairiewood First Addition south of Adams Drive approved in March. Staff recommendation was for approval of the request. MOTION BY KERIAN AND SECOND BY KREUN TO GRANT PRELIMINARY APPROVAL OF THE REZONING REQUEST. MOTION CARRIED UNANIMOUSLY. 4-4. MATTER OF THE REQUEST FROM TIM CHRISTIAN, ON BEHALF OF COUNTRY DEVELOPMENT LLP, FOR APPROVAL OF AN ORDINANCE TO ANNEX ALL THAT PART OF THE SE-1/4 OF THE NE-1/4 OF SECTION 27, TWP151N, R50W OF THE 5TH PM; ALL THAT PART OF THE SW-1/4 OF THE NW-1/4 OF SECTION 26, TWP151N, R50W OF THE 5TH PM; EXCEPT LANDS PREVIOUSLY ANNEXED TO THE CITY OF GRAND FORKS, ND, AND CONTAINING 702,356.79 SQUARE FEET OR 16.12 ACRES. THE AREA TO BE ANNEXED IS PLATTED AS COUNTRY VIEW 3RD RESUBDIVISION AND LOCATED IN THE 5400 BLOCK OF BELMONT ROAD. Durrenberger reviewed the annexation request and referred members to the map of the proposed area. The area is outside the city limits, but the plan is to connect the area to the city limits so there would no longer be an island outside the city limits. MOTION BY KREUN AND SECOND BY WHITCOMB TO GRANT APPROVAL OF THE ANNNEXATION REQUEST. MOTION CARRIED UNANIMOUSLY. 4-5. MATTER OF THE REQUEST FROM GREG OPP, ON BEHALF OF ROADRUNNER INVESTMENT LLC, FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO EXCLUDE FROM THE B-3 (GENERAL BUSINESS) DISTRICT AND TO INCLUDE WITHIN THE R-2 (ONE AND TWO-FAMILY RESIDENCE) DISTRICT, LOTS 11 AND 12, BLOCK 9, IN THE WESTACOTT’S ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED AT 1734 12TH AVENUE NORTH. Durrenberger reviewed the request, stating the owner of the two lots being requested for rezoning also owns property to the east. The property is currently zoned B-3 and the owner plans to move a single-family home on the lot for an employee to rent. The building would be moved in order to expand his commercial facility and business on the east side of the block. Staff recommendation was for approval of the request. MOTION BY KERIAN AND SECOND BY HAGNESS TO GRANT PRELIMINARY APPROVAL OF THE REZONING REQUEST. MOTION CARRIED UNANIMOUSLY. 4-6. MATTER OF THE REQUEST FROM ADVANCED ENGINEERING, INC., ON BEHALF OF LOIS MAIER, FOR PRELIMINARY APPROVAL OF THE PLAT OF REAL PRESENCE RADIO ADDITION TO THE CITY OF GRAND FORKS, ND AND LOCATED AT DEMERS AVENUE AND SOUTH 69TH STREET. Smith asked to be excused from voting on the following items: 4-6, 4-8, 4-9, 4-10, and 4-11. MOTION BY WHITCOMB AND SECOND BY MATEJCEK TO EXCUSE SMITH FROM VOTING ON ITEM NOS. 4-6, 4-8, 4-9, 4-10 AND 4-11. MOTION CARRIED UNANIMOUSLY. Durrenberger reviewed the plat, saying it was the companion item to the conditional use permit approved earlier as Item No. 3-6. The plat provides for frontage access along the entire eastern boundary and then down the southern boundary. In the future, if the owners want to connect, it would provide for easy continuation for the frontage access. Staff recommendation was for approval. MOTION BY KERIAN AND SECOND BY HUTCHISON TO GRANT PRELIMINARY APPROVAL TO THE PLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS AS SHOWN OR ATTACHED TO THE REVIEW COPY: 1. Submit title opinion. 2. Include spot ground elevations. 3. Locate existing roadways and railroad lines on plat. 4. Label DeMers Avenue as a principal arterial and Grand Forks County Road No. 4. 5. Show 10-foot utility easements along the west and south lines of the plat. 6. Show 15-foot utility easements along the north and east lines of the plat. 7. Use longer version of city council approval to include street and highway ordinance number. 8. Label BNSF railroad lands. MOTION CARRIED UNANIMOUSLY. 4-7. MATTER OF THE REQUEST FROM DENNIS LARSON ON BEHALF OF THE NORTH DAKOTA ASSOCIATION OF THE SEVENTH DAY ADVENTISTS, FOR DETERMINATION OF FITTING AND COMPATIBLE USE TO CONSTRUCT A RADIO TOWER IN THE LANDECO PLANNED UNIT DEVELOPMENT (PUD)/CHURCH DISTRICT, LOCATED AT 3610 CHERRY STREET. Durrenberger reviewed the request for a broadcasting tower at the Seventh Day Adventists Church. The area is zoned as a PUD but in the early days of zoning, it was designated as a church. Churches are allowed in residential areas as are non-commercial communication towers and antennas. If the designation of church was not on the property, it would have been approved as a permitted use. The request was for a finding of fitting and compatible use of a tower. Dennis Larson was available to answer any questions. Kerian asked if the neighborhood had been notified of the tower. Mr. Larson answered no. Durrenberger stated this was a unique request. The church submitted a site plan for approval and found out they needed to go before the Commission for a fitting and compatible use. Ham radio towers are allowed in residential areas and generally neighbors are unaware of their existence. Anyone in an R-1 District could put up a non-commercial type tower in yards or attached to homes. He noted the tower would be a very low power facility and probably less than most ham operator towers. It would not interfere with other neighbors’ televisions or other equipment. They were asked to relocate the tower to ensure enough distance from the property line that it would not fall on other property. Hagness said his neighbor put one up without public notice and there was no problem with it looking unsightly. MOTION BY HAGNESS AND SECOND BY SMITH TO GRANT A FITTING AND COMPATIBLE USE FOR A NON-COMMERCIAL RADIO BROADCAST TOWER FOR THE SEVENTH DAY ADVENTISTS CHURCH. MOTION CARRIED UNANIMOUSLY. 4-8. MATTER OF THE REQUEST FROM STEVE SWANSON, ADVANCED ENGINEERING, ON BEHALF OF COTTAGE HOMESTEADS OF AMERICA, INC., FOR PRELIMINARY APPROVAL OF THE PLAT OF COTTAGE HOMES ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED WEST OF SOUTH WASHINGTON STREET BETWEEN 40TH AND 44TH AVENUE SOUTH. Durrenberger reviewed the request, stating it was a mixed-use subdivision located on South Washington Street. The proposal would re-subdivide properties along South Washington Street for commercial uses. Behind the commercial lots would be townhouses with single-family homes in the center. In the center of the single-family area, a green area would be located for run-off. The roads in the development would be private and maintained by the association created in the development. Access would be off 44th Avenue South and the south half of 40th Avenue South. Durrenberger also said there was additional special conditions added to the plat. Hagness pointed out to Commission members how well planned the development was with no cul-de-sacs and private roads. Grasser wanted it made very clear early on that there was no sanitary sewer service available for the area. The city will need to run some sort of public utilities through the subdivision and he wanted to clarify special condition No. 10 “submit locations of all utility lines to be maintained by the city” includes the discussion about providing adequate easements. MOTION BY HAGNESS AND SECOND BY KREUN TO GRANT PRELIMINARY APPROVAL OF THE PLAT REQUEST, SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS AS SHOWN OR ATTACHED TO THE REVIEW COPY. THE MOTION WOULD ALSO INCLUDE GRASSER’S COMMENTS AS FOLLOWS: GRASSER WANTED IT MADE VERY CLEAR EARLY ON THAT THERE WAS NO SANITARY SEWER SERVICE AVAILABLE FOR THE AREA. THE CITY WILL NEED TO RUN SOME SORT OF PUBLIC UTILITIES THROUGH THE SUBDIVISION AND HE WANTED TO CLARIFY SPECIAL CONDITION NO. 10 “SUBMIT LOCATIONS OF ALL UTILITY LINES TO BE MAINTAINED BY THE CITY” INCLUDES THE DISCUSSION ABOUT PROVIDING ADEQUATE EASEMENTS. 1. Submit title opinion. 2. Include spot ground elevations. 3. Correct plat title and include in owner’s consent as shown. 4. Label 40th Avenue South as a collector and South Washington as a principle arterial. 5. Show access control lines along South Washington and 40th Avenue South. 6. Dimension all easements. 7. Label 40-feet ingress-egress easement across Lots 1, 2 and 3. 8. Show existing streets and alleys to be vacated and include document number. 9. Submit copies of covenants or common area agreements. 10. Submit locations of all utility lines to be maintained by city and provide adequate easements. 11. Plat requires 8% park dedication requirement. 12. Supply working utilities plan to serve all lands within the plat boundary and south thereof. 13. Submit copy of purchase agreement or letter of intent from all included landowners. 14. Enlarge width of Lot 4, Block 1 to accommodate sanitary sewer, watermain and paving. MOTION CARRIED UNANIMOUSLY. 4-9. MATTER OF THE PETITION FROM COTTAGE HOMESTEADS OF AMERICA INC., FOR APPROVAL TO VACATE THE 40-FOOT WIDE ACCESS STREET, THE 80-FOOT WIDE 42ND AVENUE SOUTH RIGHT-OF-WAY AND THE 20-FOOT WIDE RIGHT-OF-WAY FOR ALLEY PURPOSES ALL IN CURRAN’S 1ST SUBDIVISION AT GRAND FORKS, ND AND LOCATED AT 42ND AVENUE SOUTH AND SOUTH WASHINGTON STREET. Durrenberger reviewed the request, saying the area was currently platted as Curran’s 1st Subdivision. In order to complete the Cottage Homes development, a vacation of the public lands would be required. Staff recommendation was for approval. Grasser asked if the vacation would be included as part of the plat or would it be independent of the plat. Durrenberger said the approach was to have it be independent of the plat. Grasser stated the vacation could work with the plat but vacating it without the plat would create problems as far as being able to deliver utilities. He requested the vacation continue subject to the filing of the plat. MOTION BY GRASSER AND SECOND BY KREUN TO APPROVE THE VACATION SUBJECT TO THE FILING OF THE PLAT. MOTION CARRIED UNANIMOUSLY. 4-10. MATTER OF THE REQUEST FROM STEVE SWANSON, ADVANCED ENGINEERING, ON BEHALF OF COTTAGE HOMESTEADS OF AMERICA INC., 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 COTTAGE HOMES ADDITION PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, ALL OF COTTAGE HOMES ADDITION, LOCATED WEST OF SOUTH WASHINGTON STREET BETWEEN 40TH AVENUE SOUTH AND 44TH AVENUE SOUTH. Durrenberger reviewed the zoning plan for the Cottage Homes Addition. Commercial was being proposed along the frontage on South Washington Street. Then there would be the four-plex townhomes to buffer the single family area in the center. The north end would include two lots to be developed as multi-family. Staff recommendation was for approval of the request. MOTION BY KERIAN AND SECOND BY HAGNESS TO GRANT PRELIMINARY APPROVAL FOR THE ZONING REQUEST. MOTION CARRIED UNANIMOUSLY. 4-11. MATTER OF THE REQUEST FROM COTTAGE HOMESTEADS OF AMERICA, INC. FOR APPROVAL OF AN ORDINANCE FOR ANNEXATION OF ALL THAT PART OF THE NE-1/4 OF THE SE-1/4 OF S-21, TWP151N, R50W OF THE 5TH PM, NOT PREVIOUSLY ANNEXED TO THE CITY OF GRAND FORKS, ND, CONTAINING 1,073,347.16 SQUARE FEET OR 24.64 ACRES, MORE OR LESS. THE ANNEXATION AREA IS TO BE PLATTED AS COTTAGE HOMES ADDITION AND LOCATED BETWEEN 40TH AND 44TH AVENUE SOUTH. Durrenberger reviewed the request for annexation for the Cottage Homes Addition. He stated there were aspects of the development that were not currently in the city limits. The frontage along South Washington Street has been annexed and also a portion of the development that has been annexed on the south side. The annexation, as proposed, would take in 140 feet north of 40th Avenue South for future special assessments, therefore not all of the development being considered for annexation would belong to the owners of the proposed development. Drees asked if the land north belonged to Glen Gransberg. Durrenberger answered yes. Drees asked if Mr. Gransberg had been notified about the annexation of a portion of his property. Durrenberger said notification would be done at the city council level. MOTION BY HAGNESS AND SECOND BY KREUN TO GRANT APPROVAL OF THE ANNEXATION AREA AS PRESENTED. MOTION CARRIED WITH MATEJCEK, DREES AND DR. HALL VOTING NAY. 4-12. MATTER OF THE REQUEST FROM RED RIVER VALLEY COMMUNITY ACTION, ON BEHALF OF CLYDE VARNSON, FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO REZONE AND EXCLUDE FROM THE B-3 (GENERAL BUSINES) DISTRICT AND TO INCLUDE WITHIN THE B-1 (LIMITED BUSINESS) DISTRICT, LOTS B, C, & 8, BLOCK 51, ALEXANDER AND IVES ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED AT 1015-1021 NORTH 5TH STREET. Durrenberger reviewed the request, stating the subject property was surrounded by B-3 zoning. The Red River Valley Community Action requested the rezoning in order to construct a group facility for the homeless. With B-1 zoning, residential and congregate living would be allowed as well as business uses. Kerian stated the facility would be close to a school and asked how the facility and area would be managed. Skye Folkert, representing Community Action, stated the structure was being built for homeless families with at least one member of the family with a disability. The facility would be managed by Community Action with case management and supportive services. Since it is for families, there may be children from the facility that would attend Wilder School. MOTION BY MATEJCEK AND SECOND BY WHITCOMB TO GRANT PRELIMINARY APPROVAL OF THE REZONING REQUEST. MOTION CARRIED UNANIMOUSLY. 4-13. MATTER OF THE REQUEST FROM THE PLANNING DEPARTMENT, ON BEHALF OF THE SCHOOL OF MEDICINE AND HEALTH SCIENCES, UNIVERSITY OF NORTH DAKOTA, FOR DISCUSSION AND APPROVAL OF A REQUEST TO DISPLAY A BANNER SIGN ON THE MAIN HEALTH SCHOOL BUILDING, LOCATED AT 501 NORTH COLUMBIA ROAD. Gengler reviewed the request, stating the banner would be similar to those approved by Commission for Altru Clinic and Hospital. The banner would be hung on the School of Medicine to recognize a centenniel celebration of the school. The banner is approximately 10-feet by 20-feet and would be constructed by Newman Outdoor Advertising. It would be made of a durable material and displayed on the south side of the school building from now through October, 2005. Gengler said it would be a one-time approval and would only require approval from the Commission. MOTION BY DR. HALL AND SECOND BY WHITCOMB TO GRANT APPROVAL OF THE BANNER TO BE DISPLAYED ON THE SCHOOL OF MEDICINE BUILDING. MOTION CARRIED UNANIMOUSLY. 5. REPORTS FROM THE PLANNING DEPARTMENT: 5-1. MATTER OF THE APA CONFERENCE REPORT. Dr. Hall, Brad Gengler and Dennis Potter each gave a short talk about attending the American Planning Association conference held in San Francisco, CA, March 19th through the 25th. 6. OTHER BUSINESS: Matejcek announced a spaghetti benefit for a friend dealing with leukemia. The benefit (free will donation) will take place on Tuesday, April 12, 2005, 5:00 – 7:30 p.m. in the basement of St. Michael’s Church. 7. ADJOURNMENT. MOTION BY MATEJCEK AND SECOND BY WHITCOMB TO ADJOURN THE MEETING AT 8:50 P.M. MOTION CARRIED UNANIMOUSLY. ___________________________ John R. Drees, Secretary ___________________________ Gary K. Malm, President