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PLANNING AND ZONING COMMISSION
MEETING MINUTES
City of Grand Forks, North Dakota
June 1, 2005

1. MEMBERS PRESENT

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

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

2. READING AND APPROVAL OF MINUTES FOR MAY 4, 2005.

Malm asked if there were any additions or corrections to the minutes of May 4, 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 ADVANCED ENGINEERING, INC., ON BEHALF OF LOIS MAIER, FOR FINAL 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.

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

3-2. (PUBLIC HEARING) MATTER OF THE REQUEST FROM STEVE SWANSON, ADVANCED ENGINEERING, ON BEHALF OF COTTAGE HOMESTEADS OF AMERICA, INC., FOR FINAL APPROVAL OF THE PLAT OF COTTAGE HOMES RESUBDIVISION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED WEST OF SOUTH WASHINGTON STREET BETWEEN 40TH AND 44TH AVENUE SOUTH.

Durrenberger stated the plan was originally submitted as Cottage Homes Addition, but was changed to Cottage Homes Resubdivision to fit the naming of plats based on the code. The large plat covers a mixed-use area with commercial along South Washington Street and residential to the west. The developer plans to provide access via private streets. Condominiums would be built along the south and west edges of the property and condominium apartments on two lots on the north. The interior lots would be single-family residential lots. The Condominium Association would provide maintenance of the streets and common area. A vacation of 42nd Avenue South was approved at the April Planning and Zoning Commission and would allow access by an ingress-egress easement off South Washington Street onto the private frontage easement. Staff recommendation was for approval of the request subject to special conditions.

Hutchison asked about the property next to the development (Krile Subdivision) and wondered if it would be commercial at some point in the future and what the access for that property would be. Durrenberger said access could be gained off 40th Avenue South or the frontage road could be extended to the property.

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

MOTION BY HALL AND SECOND BY KREUN TO APPROVE THE PLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Submit copies of covenants or common area agreements.
3. Dimension easements to carry city maintained utility lines.
4. Label east line of Section 21 and east ¼ corner.
5. Dimension breaks in access control lines.
6. Dimension other widths as noted.
7. Label lands west of platted area as noted.
8. Note all utility easements as “public” or “private.”
9. Change utility easement along 40th Avenue South to 15 feet of width with a 5-foot utiliity and bikepath easement adjacent to 40th Avenue South and a 10-foot utility easement.
10. At this time, the city of Grand Forks cannot serve this area with sanitary sewer.
11. Land developers shall consult with the city of Grand Forks Engineering Department regarding hydraulic grade lines of the adjacent southend drainway if considering walkout basements.
12. Expand widths of “public” sanitary sewer easements as noted.
13. Add square footage and acreage for area within boundaries of subdivision in Owners Consent and Dedication.

MOTION CARRIED UNANIMOUSLY.

3-3. (PUBLIC HEARING) MATTER OF THE REQUEST FROM STEVE SWANSON, ADVANCED ENGINEERING, ON BEHALF OF COTTAGE HOMESTEADS OF AMERICA INC., FOR FINAL 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 request stating the concept was the zoning plan for the development. He said the area along South Washington Street was currently zoned conventionally B-3 and under the plan, it would be zoned PUD (Planned Unit Development) for commercial. He referred members to their packet that included development data, types of densities and the types of housing units. The development would be started on the south and initial access would be 44th Avenue South. Development would continue to the north and 40th Avenue South would be constructed within the next two years. Upon full development and installation of 40th Avenue South, there would be access via the north access road to 40th Avenue South and 44th Avenue South.

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

Durrenberger referred members to a list of variances that would be needed to expedite the future development. As part of the zoning, he requested the variances be considered and approved as part of the zoning request. During the detailed development plan review, Durrenberger stated it was customary to appeal staff’s decision if a variance would be needed. With the variances approved as part of the zoning request, it would expedite the process.

The following variances are requested from the listed regulations.

1. Section 18-0211(6)(C requires a minimum lot area, width and depth as required for two-family dwellings.
Variance requested--Minimum lot size 2,145 square feet, minimum lot width of 26 feet, and minimum lot depth of 50 feet.
2. Section 18-0211 (7) limits maximum impervious surface area to 55 percent on the ownership parcel lot.
Variance requested--Maximum impervious surface area of 55 per cent including adjacent common areas for semi and attached units.
3. Section 18-0211 (8) requires a 25-foot front yard setback as measured from the front yard line.
Variance requested--Minimum 25-foot front yard setback from edge of pavement surface or to common area lot lines for semi or attached residential units, excluding condominium apartments and single-family units.
4. Section 18-0211 (9) requires side yard setbacks measured from the side yard lines.
Variance requested--Minimum of 20-foot side yard separation for non-common walls between structures for semi or attached residential units, excluding condominium apartments.

5. Section 18-0210 (10) requires a minimum rear yard of not less than 20 percent of the lot depth or a setback of 40 feet.
Variance requested—Except for single-family lots, rear yards may be measured from structures to nearest common lot line (not ownership parcel lot).
6. Engineering Department sidewalk standards require a minimum of 5-foot sidewalks.
Variance requested—Maximum sidewalk width 4 feet, with sidewalks on one side of private roadways.
7. Section 18-0302 (5) (A) prohibits parking in required front yards in R-3 and R-4 Districts.
Variance requested—Parking allowed in front yard for condominium apartments.
8. Section 18-0302 (5) (A) limits front yard impervious surface area for one and two family units to 40 per cent for driveways.
Variance requested--Front yard parking area coverage for single-family units as approved in the final detailed development plan.

Kreun asked about the center area (Block 4). Durrenberger answered it was the proposed common area.

Steve Swanson, Advanced Engineering, stated the common area would be a retention pond.

Kreun asked if walk-outs were being considered for the area and Swanson answered the developer had talked about walk-outs and others had tried to talk him out of them. His hope was that once hydraulics were finalized with the retention pond and elevations, it would show how unfeasible walk-outs would be. Kreun noted there would be major problems if walk-outs were being considered.

MOTION BY KREUN AND SECOND BY DREES TO APPROVE THE REQUEST WITH VARIANCES AS NOTED BUT ALSO EXCLUDING OPTION OF WALK-OUT BASEMENTS OR SUBGRADE STRUCTURES FOR THE SINGLE-FAMILY AREA.

Hagness asked about the number of variances being requested. Durrenberger stated the variances were based on the plat and the type of buildings being constructed. Approving the variances would allow for flexibility of design as currently proposed. Hagness asked about detriments for the number of variances being requested. Durrenberger answered the development plan currently does not meet some of the regulations required by code such as building sizes and being unable to meet the minimum requirements for townhouses.

Bev Collings, Building and Zoning Administrator, said she was having difficulty following all of the variances. She referred to No. 8 which states “Section 18-0302(5)(A) limits front yard impervious surface area for one and two-family units to 40% for driveways. Variance requested – front yard parking area coverage for single-family units as approved in the final detailed development plan.” Collings stated she was concerned with trying to track it 5-10 years from now. She asked about the 55% impervious surface area including the common area and wanted to know if that would be the variance on all the different sections. Durrenberger answered yes. The impervious surface area on the townhouses would probably exceed the allowable and the request would be to consider the overall area and not just the footprint. The request was a blanket request for the whole area but he doubted it would be necessary for the single-family area.

Hagness asked Collings what might be the problems in the future. She replied she was not against the variances but was concerned how to administer and track all of it. Collings questioned the variance for a 5-foot sidewalk. Durrenberger said the engineering department standard for sidewalks was five feet. Collings asked if that was a variable item in Chapter 18 of the city code.

Hagness asked that the variances be reviewed by Collings prior to being considered by city council. Durrenberger said city council could approve the concept without the variances. Collings stated that many times the townhouse owners want to construct an addition, decks, etc and they can’t because the maximum allowed for impervious surfaces had already been met. There have been setback problems in the past on townhouses.

Kerian said she had problems with some of the variances also and was concerned about the request to make them part of the approval process for the zoning request.

Potter said he was uncomfortable with the variances based on the discussion and requested the motion not include the variances. He stated it would be better to deal with the variances on a case-by-case basis.

Kreun, who made the motion and Drees, the second, both agreed to remove approval of the variances as part of the approval of the concept plan.

New motion:
MOTION BY KREUN AND SECOND BY DREES TO APPROVE THE REQUEST WITHOUT VARIANCES AS NOTED BUT ALSO EXCLUDING OPTION OF WALK-OUT BASEMENTS OR SUBGRADE STRUCTURES FOR THE SINGLE-FAMILY AREA AND ALSO SUBJECT TO THE FOLLOWING SPECIAL CONDITION SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Extend vicinity map to Washington Street (No. 81).
2. Provide fire flow analysis.
3. Provide an agreement to provide sanitary and storm sewer utilities service to commercial properties located along South Washington Street.
4. Add conventional zoning designation—R-1 Type Uses, to Development Data Table.
5. Add list of variances to concept development plan.
6. Remove “collector” from 44th Avenue South.
7. Walk-out basements shall be prohibited.

MOTION CARRIED UNANIMOUSLY.
3-4. (PUBLIC HEARING) MATTER OF THE REQUEST FROM THE CITY OF GRAND FORKS AND ASSOCIATED POTATO GROWERS FOR FINAL APPROVAL OF THE REPLAT OF LOTS 1-16, BLOCK 4, LOT C, BLOCK 2 AND LOT C, BLOCK 3 OF THE GREAT NORTHERN FIRST ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED AT ALPHA AVENUE AND NORTH 6TH STREET.

Durrenberger reviewed the request stating the replat was associated with the city’s flood project. The city acquired the rear portion of the lots along the river and the replat also includes additional right-of-way on North 6th Street. Staff recommendation was for final approval subject to the special conditions shown on or attached to the review copy.

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

MOTION BY KERIAN AND SECOND BY SMITH TO GRANT APPROVAL OF THE REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
Submit title opinion.
Use longer version of city council consent with street and highway ordinance number.
Include all adjacent public rights-of-way within the plat boundary.
Shade and include in legend all newly dedicated rights-of-way.

MOTION CARRIED UNANIMOUSLY.

3-5. (PUBLIC HEARING) MATTER OF THE REQUEST FROM THE CITY OF GRAND FORKS AND FREDOON ANVARY FOR FINAL APPROVAL OF THE REPLAT OF LOTS 6 AND 7, RIVER OAKS ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED ON RIVER OAKS CIRCLE.

Durrenberger reviewed the replat stating it was part of the city’s flood protection project. 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 KREUN AND SECOND BY DREES TO GRANT FINAL APPROVAL OF THE REPLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Add document numbers to vacated lands.

MOTION CARRIED UNANIMOUSLY.

3-6. MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF STADTER CENTER, FOR APPROVAL OF A PETITION TO VACATE PARTS OF THE SOUTH 16TH STREET RIGHT-OF-WAY SOUTH OF 44TH AVENUE SOUTH BETWEEN CURRAN’S 2ND SUBDIVISION AND STADTER RESUBDIVISION TO THE CITY OF GRAND FORKS, ND.

Durrenberger reviewed the vacation request stating Item 4-6 would be a replat for the area. The owners purchased property to the west of the current building and need the vacation of the South 16th Street in order to have more parking for the facility. In order to have access, staff recommends a cul-de-sac at the end of 44th Avenue South and one at the remainder of South 16th Street. Staff recommendation was for approval of the vacation request.

Hagness asked if the cul-de-sacs would be private or public and Durrenberger answered they would be public areas.

Malm commented on the planning of the area and facility and said there would be questions on the facility in the future.

Hagness asked about utilities within South 16th Street. Grasser replied the city does not have utilities in along the street. Stadter has a private forcemain in place. The plan was to bring the sanitary sewer from the north through the Cottage Homes area.

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

3-7. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF SOUTHERN ESTATES LLP, FOR FINAL APPROVAL OF THE PLAT OF SOUTHERN ESTATES FIFTH ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED WEST OF SOUTH 20TH STREET SOUTH OF THE DRAINWAY AND NORTH OF 43RD AVENUE SOUTH.

Gengler reviewed the request stating items 3-7 and 3-8 were related. The developer wanted to have an affordable housing designation for the area, but that had not been approved by city council. Staff recommendation was for approval, however, special conditions had been added to take the configuration of the plat and make it conforming to standard platting procedures rather than the affordable housing district procedures. He suggested the plat be forwarded to city council as submitted. If city council denies the affordable housing district, the applicant would probably withdraw the request for platting and rezoning.

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

MOTION BY HUTCHISON AND SECOND BY HAGNESS TO GRANT APPROVAL, AS PRESENTED TO THE PLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Provide backyard drainage plan.
3. Name street between 41st Avenue South and 42nd Avenue South.
4. Affordable housing committee recommendations as approved by city council 4/7/97 require a maximum lot width of 60 feet.
5. Utility easements along 42nd Avenue South could be reduced to 10 feet of width.
6. Add ground contours or spot ground elevations.
7. Label all surrounding platted lands.
8. Show correct distances on east and west plat boundary lines.
9. Change easement width along the west side of South 20th Street to 15 feet.
10. Include a 10-foot utility easement along the west side of South 22nd Street. Separate document may be necessary.
11. Change all rights-of-way widths to 80 feet with a 10-foot utility easement on each side.

MOTION CARRIED UNANIMOUSLY.

3-8. (PUBLIC HEARING) 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 SOUTHERN ESTATES PUD (PLANNED UNIT DEVELOPMENT) CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 4, AND TO INCLUDE WITHIN THE SOUTHERN ESTATES PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 5, ALL OF COLLUMBIA PARK 24TH AND 26TH ADDITIONS, COLUMBIA PARK 29TH RESUBDIVISION, ALL OF SOUTHERN ESTATES FIRST, SECOND, THIRD, FOURTH AND FIFTH 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 AVENUE SOUTH AND 47TH AVENUE SOUTH.

Gengler reviewed the request stating the concept is the rezoning for the area discussed in the previous item. 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 DREES AND SECOND BY SMITH TO GRANT FINAL APPROVAL SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Remove approval dates and ordinance number. These will be assigned upon final approval.
2. Show all existing platted streets within the entire PUD and the proposed streets within Southern Estates 5th Addition.
3. Verify and compare the dimensions of the proposed plat of Southern Estates 5th with the dimensions shown on the Concept Amendment #5 drawing. There may be a slight discrepancy between the two.
4. Add note on the drawing to identify the area for Amendment No. 4. (see review copy).
5. Remove “Proposed” from Southern Estates 4th Addition.

MOTION CARRIED UNANIMOUSLY.

3-9. (PUBLIC HEARING) MATTER OF THE REQUEST FROM THE CITY OF GRAND FORKS, ON BEHALF OF RESIDUAL MATERIALS, INC, LANDMARK INVESTMENTS, LLC, MINNKOTA POWER COOPERATIVE, INC., FOR FINAL APPROVAL OF THE PLAT OF AUDITOR’S SUBDIVISION NO. 39 TO THE CITY OF GRAND FORKS, ND AND LOCATED AT RED DOT PLACE.

Gengler reviewed the request stating the plat was part of the flood project. 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 HUTCHISON AND SECOND BY KREUN 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.
1. Include Red Dot Place rights-of-way within the plat boundary.
3. Add bearing to survey line near Red River.
4. Shade and note in legend, lands to be dedicated as public right-of-way.
Use longer city council certificate to include street and highway ordinance number.

MOTION CARRIED UNANIMOUSLY.

3-10. MATTER OF THE REQUEST FROM ICON ARCHITECTS, ON BEHALF OF GRAND FORKS COUNTY, FOR APPROVAL OF A VARIANCE TO THE SUBDIVISION REGULATIONS OF THE LAND DEVELOPMENT CODE, RELATING TO RIGHT-OF-ACCESS TO PRINCIPAL ARTERIAL STREETS FOR LOT 7, BLOCK 1, FAIRGROUNDS THIRD RESUBDIVISION TO THE CITY OF GRAND FORKS, ND AND LOCATED IN THE 1600 BLOCK OF NORTH WASHINGTON STREET.

Gengler reviewed the request stating the variance was in conjunction with the proposed County Correctional Facility to be constructed on the easterly portion of Fairgrounds Third Resubdivision. Gengler referred members to the site plan drawing, showing them the access control because of the principal arterial roadway and state highway. The variance requires approval of the Planning and Zoning Commission and the City Council via a variance to the subdivision regulations. It also requires approval from the State Department of Transportation (DOT) based on design and logistics of the roadways. He noted the site can function without it, but the county requested approval as part of the site plan. Staff recommendation was for final approval subject to approval of the State DOT. Gengler said there was an existing approach to the property off North Washington Street.

Dr. Hall asked if Block 4 was a cemetery. Gengler said there was talk at one time of utilizing the property for that purpose but that never happened.

Kerian asked about the ring road. Gengler said the road parallel to South Washington Street would be standard paving, but the road that encircles the entire site would be a hard crushed gravel compact road, primarily for access for fire and security access.

MOTION BY KERIAN AND SECOND BY DR. HALL TO APPROVE THE VARIANCE REQUEST. MOTION CARRIED UNANIMOUSLY.

3-11. MATTER OF THE REQUEST FROM THE CITY OF GRAND FORKS, ND, ON BEHALF OF THE GRAND FORKS GROWTH FUND, FOR APPROVAL OF A PETITION TO VACATE ALL OF A 20-FOOT WIDE UTILITY EASEMENT BEING 10 FEET ON EACH SIDE OF THE LINE COMMON TO LOTS 3 AND 6, BLOCK 1, MAIER’S THIRD ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED AT 1400 SOUTH 48TH STREET.

Gengler reviewed the request stating the purpose of the vacating the easement would be in conjunction with a proposed expansion of Cirrus Design. There are no standard public utilities but there are private utilities and all of the utilities used and needed for the facility. Staff recommendation was for approval of the vacation of the utility easement.

MOTION BY KREUN AND SECOND BY HAGNESS TO GRANT APPROVAL OF THE VACATION REQUEST. MOTION CARRIED UNANIMOUSLY.

3-12. MATTER OF THE REQUEST FROM HHD, INC., FOR APPROVAL OF A PETITION TO VACATE A 20-FOOT WIDE UTILITY EASEMENT 10-FEET ON EACH SIDE OF A LINE COMMON TO LOTS J AND K, BLOCK 2, P ERKINS FOURTH ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED AT 3696 AND 3697 BALSAM CIRCLE.

Gengler reviewed the request stating the existing platted cul-de-sac was original platted as single-family lots. The owner requested replatting and rezoning the property to change it to a townhome configuration instead of single family. A townhome would be located on top of the existing utility easement, but no utilities exist currently and it was determined the utility easement was not needed. Staff recommendation was for approval of the vacation request.
MOTION BY KERIAN AND SECOND BY HAGNESS TO GRANT APPROVAL OF THE VACATION REQUEST. MOTION CARRIED UNANIMOUSLY.

4. COMMUNICATIONS AND PRELIMINARY APPROVALS:

4-1. MATTER OF THE REQUEST FROM MICHAEL ORSUA, ON BEHALF OF BENJAMIN ORSUA, FOR FINAL APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO REZONE AND EXCLUDE FROM THE R-2 (ONE AND TWO-FAMILY RESIDENCE) DISTRICT AND TO INCLUDE WITHIN THE R-4 (MULTIPLE-FAMILY RESIDENCE, HIGH DENSITY) DISTRICT, LOT 12, BLOCK 11, SKIDMORE ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED AT 1502 NORTH 4TH STREET.

MOTION BY DREES AND SECOND BY HUTCHISON TO TABLE THE REQUEST. MOTION CARRIED UNANIMOUSLY.

4-2. MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF THE CITY OF GRAND FORKS, ND, FOR PRELIMINARY APPROVAL OF THE REPLAT OF LOT 3, BLOCK 1, PERKINS 1ST ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED IN THE 3200 BLOCK OF SOUTH COLUMBIA ROAD.

Durrenberger reviewed the request stating that in the course of reconstructing the intersection of South Columbia Road and 32nd Avenue South, the city acquired five feet of right-of-way along various properties in the project area. The replat would add the additional right-of-way. Staff recommendation was for preliminary approval.

MOTION BY DREES AND SECOND BY GRASSER TO GRANT PRELIMINARY APPROVAL TO THE REPLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Delete Lot B and show as public right-of-way.
3. Show lands to become public right-of-way in legend.
4. Show and dimension Minnkota Power Co-op easement.
5. Label Columbia Road as an arterial.
6. Correctly show Columbia Park 31st Resubdivision.
7. Properly dimension all rights-of-way along Columbia Road.
8. Change Lot “A” to Lot “Q”.
9. Add street and highway ordinance to city council approval.

MOTION CARRIED UNANIMOUSLY.

4-3. MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF THE CITY OF GRAND FORKS, ND, FOR PRELIMINARY APPROVAL OF THE REPLAT OF LOT A, BLOCK 1 OF THE REPLAT OF LOTS 1 AND 4, BLOCK 1, PERKINS 1ST ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED IN THE 3300 BLOCK OF SOUTH COLUMBIA ROAD.

Durrenberger reviewed the replat explaining it was another five-foot right-of-way area. Staff recommendation was for final approval.

MOTION BY DR. HALL AND SECOND BY GRASSER TO GRANT APPROVAL TO THE REPLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Change Lot 1 to Lot “R.”
3. Label 32nd Avenue South and Columbia Road as principal arterials.
4. Shade lands to be dedicated to public use and add to legend.
5. Show lands to east as Columbia Park 31st Resubdivision.
6. Correctly dimension all rights-of-way along Columbia Road.
7. Identify northeast corner of Section 20.
8. Add street and highway ordinance number to city council approval.

MOTION CARRIED UNANIMOUSLY.

4-4. MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF THE CITY OF GRAND FORKS, ND, FOR PRELIMINARY APPROVAL OF THE REPLAT OF LOT 3, BLOCK 2, PERKINS 3RD ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED WEST OF COLUMBIA ROAD AND NORTH OF 36TH AVENUE SOUTH.

Durrenberger reviewed the request stating it was for another right-of-way area. Staff recommendation was for preliminary approval.

MOTION BY SMITH AND SECOND BY DREES TO GRANT PRELIMINARY APPROVAL TO THE REPLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Show Columbia Park 31st on east side of Columbia Road.
3. Dimension Williams Pipeline easement.
4. Remove Lot “B” and show as lands dedicated to the public as right-of-way.
5. Show classification of Columbia Road as a principal arterial.
6. Properly dimension South Columbia Road rights-of-way.
7. Include street and highway ordinance language in city council approval.

MOTION CARRIED UNANIMOUSLY.

4-5. MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF THE CITY OF GRAND FORKS, ND, FOR PRELIMINARY APPROVAL OF THE REPLAT OF LOT 1, BLOCK 1, COLUMBIA MALL SECOND RESUBDIVISION TO THE CITY OF GRAND FORKS, ND, LOCATED WEST OF COLUMBIA ROAD AND SOUTH OF 24TH AVENUE SOUTH.

Durrenberger reviewed the request stating it was another right-of-way area being replatted. Staff recommendation was for preliminary approval.

MOTION BY DREES AND SECOND BY SMITH TO GRANT PRELIMINARY APPROVAL OF THE REPLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Note roadway classification of 24th Avenue South and Columbia Road.
3. Label east line of Section 17 and east-west quarter line.
4. Shade area to be dedicated as public right-of-way and show in legend.
5. Move access control to align with Lot A.
6. Properly dimension new right-of-way widths.
7. Use city council approval to include street and highway ordinance.
8. Delete Lot B and show lands as right-of-way.

MOTION CARRIED UNANIMOUSLY.

4-6. MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF THE STADTER CENTER, FOR PRELIMINARY APPROVAL OF THE STADTER SECOND RESUBDIVISION TO THE CITY OF GRAND FORKS, ND, LOCATED IN THE 4500 BLOCK OF SOUTH WASHINGTON STREET.

Durrenberger reviewed the request stating the vacation considered under Item No. 3-6 was attached to the plat. The plat would allow individual lots and also allow the owners to sell the properties. Public utilities, storm sewer and watermain would be along 44th Avenue South. Staff recommendation was for preliminary approval.

Doug Herzog, CPS, Ltd., stated the plat was not submitted in order to sell off the buildings; it was being done for a financing package. There was one building in place with an existing financial package and one building being built with a construction loan attached with permanent financing to be in place when completed. As each building is completed, there would be different types of mortgages on them as with any phased construction. He noted the owners could only plat half of the 50-foot right-of-way by Stone’s Radio, unless provision was made to purchase 25-feet from the Stone’s Radio when the area is vacated.

Bev Collings, Building and Zoning Administrator, said although Herzog stated there is no plan to sell off the buildings, the owners could do so and then the structures would be non-conforming as far as setbacks and fire codes. Some of the lot lines are the building lines.

Herzog stated the development was similar to Columbia Mall, Target Mall and other areas. Collings agreed but wondered if there needed to be another layer of agreements for the development. Herzog said that would not be a problem and could be turned over to a title attorney.

MOTION BY HAGNESS AND SECOND BY KREUN TO GRANT PRELIMINARY APPROVAL OF THE PLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Dedicate additional right-of-way for 44th Avenue South turnaround area.
3. Shade right-of-way to be vacated.
4. Add a 10-oot utility easement along the west line of Lots 1 and 9.
5. Dedicate 55-fet of right-of-way alont 47th Avenue South and include a 5-foot utility and bikepath/pedestrian easement and an additional 10-foot utility easement.
6. Correct plat title parenthesis on drawing and in owner’s certificate.
7. Show access control along 47th Avenue South and South Washington Street.
8. Add street and highway ordinance number to city council approval.

MOTION CARRIED UNANIMOUSLY.


4-7. MATTER OF THE REQUEST FROM THE CITY OF GRAND FORKS, ND, ON BEHALF OF KERMIT AND PATRICIA RICKFORD, FOR PRELIMINARY APPROVAL OF THE PLAT OF COUNTRYSIDE ACRES ADDITION TO THE CITY OF GRAND FORKS, ND, AND LOCATED ON COLUMBIA ROAD AND MERRIFIELD ROAD.

Durrenberger reviewed the request stating the plat was part of the city’s flood control project located on South Columbia Road and Merrifield Road (County Highway 6). The city acquired the property on the south side of the development. Staff recommendation was for preliminary approval.

Grasser said the plat addresses the work needed to widen the road and get the ditches in on the north side of the property. He noted the city was currently working on an agreement with the county and water board to swap some land on the south side and that would be platted after negotiations were finalized.

MOTION BY DR. HALL AND SECOND BY KREUN TO GRANT PRELIMINARY APPROVAL OF THE PLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Show access control along Columbia Road and Merrifield Road.
3. Correct dimension arrows for easements.
4. Use longer version of city council approval.

MOTION CARRIED UNANIMOUSLY.

4-8. MATTER OF THE REQUEST FROM THE CITY OF GRAND FORKS, ND, ON BEHALF OF LAWRENCE JOHNSON, ETAL, FOR PRELIMINARY APPROVAL OF THE WHEATLAND ACRES SUBDIVISION TO THE CITY OF GRAND FORKS, ND, AND LOCATED AT COLUMBIA ROAD AND MERRIFIELD ROAD.

Durrenberger reviewed the request stating the city had acquired right-of-way on the south side of Columbia Road and that portion was being platted. Staff recommendation was to approve the plat request.

Kerian asked if the developments met the requirements for acreage and were they already developed. Durrenberger said Countryside Acres and Wheatland Acres were both approved by the county before the city had jurisdiction and were existing subdivisions.

MOTION BY DREES AND SECOND BY JENO TO GRANT PRELIMINARY APPROVAL OF THE PLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Extend plat boundary to section lines on the south and west sides.
3. Show access control along Columbia Road and Merrifield Road.
4. Dimension north line of Lot “C,” Block 1 and Lot “A,” Block 2.

MOTION CARRIED UNANIMOUSLY.

4-9. MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF THE CITY OF GRAND FORKS, ND, FOR PRELIMINARY APPROVAL OF THE REPLAT OF LOT 1, BLOCK 1, COLUMBIA PARK 24TH ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED EAST OF COLUMBIA ROAD AND SOUTH OF 36TH AVENUE SOUTH.

Gengler reviewed the request stating the plat was for right-of-way purchased for a widening project along Columbia Road. Staff recommendation was for preliminary approval.

MOTION BY SMITH AND SECOND BY JENO TO GRANT PRELIMINARY APPROVAL OF THE REPLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Label lands to be dedicated as right-of-way on drawing and in the legend.
3. Show and dimension proper access control along 36th Avenue South.
4. Include east-west ¼ ¼ line of Section 20.
5. Include street and highway language with city council approval.

MOTION CARRIED UNANIMOUSLY.

4-10. MATTER OF THE REQUEST FROM HHD, INC., FOR PRELIMINARY APPROVAL OF THE PLAT OF PERKINS 12TH RESUBDIVISION TO THE CITY OF GRAND FORKS, ND, LOCATED ON BALSAM CIRCLE, EAST OF SOUTH 34TH STREET AND SOUTH OF 36TH AVENUE SOUTH.

Gengler reviewed the request stating the plat was attached to the vacation request under Item No. 3-12. The developer wants to take the existing single-family lots and subdivide them into ten individual lots for a townhome project. Even though there was no right-of-way dedication the plat was submitted as a major subdivision because there were more than five lots. Staff recommendation was for final approval.

MOTION BY DR. HALL AND SECOND BY KERIAN TO GRANT PRELIMINARY APPROVAL OF THE PLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Show on the drawing and in the legend “utility easement to be vacated.”
3. Include a distance for the east line of Lot 6.
4. The Land Development Code 18-0907(5)(E) requires a minimum lot width of 25 feet for Lots 4 & 7.

MOTION CARRIED UNANIMOUSLY.

4-11. MATTER OF THE REQUEST FROM HHD, INC., FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO EXCLUDE AND REZONE FROM THE PERKINS THIRD PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 3 AND TO INCLUDE WITHIN THE PERKINS THIRD PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 4, ALL OF PERKINS, THIRD, FOURTH AND FIFTH ADDITIONS, AND ALL OF PERKINS SIXTH THROUGH TWELFTH RESUBDIVISIONS TO THE CITY OF GRAND FORKS, ND, LOCATED IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 151 NORTH, RANGE 50 WEST OF THE PRINCIPAL MERIDIAN.

Gengler reviewed the concept development plan or rezoning for the development. To accommodate the townhome development, the zoning had to be changed from R-1 (Single-Family Residence) District to R-2 (One and Two Family Residence) District.

MOTION BY DREES AND SECOND BY HUTCHISON TO GRANT PRELIMINARY APPROVAL OF THE CONCEPT DEVELOPMENT PLAN FOR PERKINS THIRD PUD (PLANNED UNIT DEVELOPMENT), AMENDMENT NO. 2, SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit the revised Concept Development Plan for Perkins 3rd PUD, Amendment No. 4.
2. Show all appropriate data for each sub-area.
3. Show approval dates and ordinance numbers for the original PUD and the subsequent amendments.

MOTION CARRIED UNANIMOUSLY.

4-12. MATTER OF THE REQUEST FROM MARK SYVERSON FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP BY AMENDING THE RESTRICTIVE COVENANT ESTABLISHED BY ORDINANCE NUMBER 2823 AS IT RELATES TO THE MAXIMUM NUMBER OF DWELLING UNITS PERMITTED TO BE CONSTRUCTED UPON LOT 1, BLOCK 1, AUDITOR’S SUBDIVISION NO. 22 TO THE CITY OF GRAND FORKS, ND. SAID LOT IS ZONED R-4 (MULTIPLE-FAMILY RESIDENCE, HIGH DENSITY) AND IS LOCATED APPROXIMATELY IN THE 4000 BLOCK OF 13TH AVENUE NORTH.

Gengler reviewed the request stating that although the staff report shows a staff recommendation of denial, they were not suggesting that no development occur on the property. He summarized the history of the property beginning in the early to mid-1980s by stating there were a number of delinquent lots in the city. The city formed a Delinquent Lot Committee that was responsible for trying to get the delinquent lots back on the tax rolls. A request to rezone the property for multiple-family, higher density was made and was denied because the neighborhood was against it. A year later another request was made for commercial purposes and for the same reason it was denied. Again, a request was made for R-4, high density and ultimately it was rezoned from agriculture to R-4 with a stipulation that only 16 units could be built on the entire parcel. A total of 1.7 acres exist and 9.4 acres would be the density based on only 16 units. The current request would be to raise the 16 units to 32 units. The reason for staff’s denial was based on the history. Nothing has changed in the surrounding area for development. Gengler said they could also discuss the possibility of approving something less than 32 units but greater than 16 units.

Grasser asked about the easement going through the property and wondered if it was a Williams Brothers Pipeline. Gengler said it was and referred members to the last page of the staff report that showed a previously submitted site plan for high-density units. He indicated the diagonal lines running through the property and stated that structures could not be built over the easement but it could be paved.

Hagness said the people that protested the development wanted B-3 zoning and no access into a residential area creating increased traffic. He said he was in favor of the current plan in order to have some development on the property rather than just weeds. He stated there were several townhome developments in the area and he did not think the current request would adversely affect the neighborhood; it would enhance the neighborhood.

Kerian asked about the surrounding uses. Gengler pointed out the Fine Print business, a hotel, an implement dealership, fast food restaurant, service station and another restaurant. To the south is residential, a school and a park. The area north of 13th Avenue North is currently zoned B-3 and the trade-off would be residential, high density apartments or commercial. There was some concern about overcrowding at Lake Agassiz School in years past, but that appears to no longer be a problem.

Kerian asked if there would be any problem with allowing 32-units at this time, without the history being in place. Would the density be appropriate for 32 units? Gengler answered the standard R-4 density is 50-units per acre. The proposed development would normally be allowed much more than 16 units, although the pipeline easement would limit the density to some degree.

Mark Syverson, owner and proposed developer of the property, showed pictures of the type of buildings being proposed.

Hagness said the buildings shown looked very nice and would be a nice buffer between the commercial and residential areas to the south.

Malm said the area had changed over the years and many of the parties against any development have moved away. Since he lived in the area, he stated he would not be adverse to the development.

Bev Collings, Building and Zoning Administrator, said there had been complaints on the property the last few years. The residents in the area feel ownership of some of the trees planted on the property and get very upset when trees were removed even though an owner has the right to remove trees. There were conflicts with the previous owner of the property over various issues, such as the removal of trees and because construction equipment was left or stored on the property making it unsightly. She agreed with the commission members that the property should be developed but wanted to let them know that residents in the area still keep a close eye on the property.

Malm said he thought residents in the area were tired of what they see presently on the property and if the developer would meet with neighborhood residents with a nice plan, there might not be any problems.

Grasser explained that staff’s recommendation of denial was because of the long history of controversy and due to the fact that the property was sold with the restrictive covenants still in place. He said he does not have a problem with the plan if others want to allow it.

Kerian suggested the developer meet with neighborhood residents and let them know what his intentions were for the property.
HAGNESS SAID, GIVEN STAFF’S CONCERNS AND BEING PART OF THE COMMISSION AND CITY COUNCIL FOR MANY YEARS AND KNOWING THE HISTORY OF THE PROPERTY, MADE A MOTION FOR PRELIMINARY APPROVAL FOR THE DEVELOPMENT. HE ALSO SUGGESTED THE DEVELOPER MEET WITH THE NEIGHBORHOOD RESIDENTS AND EXPLAIN THE PROPOSED DEVELOPMENT. SECOND BY DREES. MOTION CARRIED UNANIMOUSLY.

4-13. MATTER OF THE REQUEST FROM PACES LODING CORPORATION FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO REZONE AND EXCLUDE FROM THE A-2 (AGRICULTURAL RESERVE) DISTRICT, A PORTION OF LOT 1, BLOCK 1, CURRAN’S SECOND SUBDIVISION AND TO ALSO EXCLUDE FROM THE B-3 (GENERAL BUSINES) DISTRICT, ALL OF THE STADTER SECOND RESUBDIVISION AND TO INCLUDE WITHIN THE STADTER CENTER PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, A PORTION OF LOT 1, BLOCK 1, CURRAN’S SECOND SUBDIVISION AND ALL OF STADTER SECOND RESUBDIVISION, TO THE CITY OF GRAND FORKS, ND, AND LOCATED WEST OF SOUTH WASHINGTON STREET, BETWEEN 44TH AND 47TH AVENUE SOUTH.

Durrenberger reviewed the request stating the owners desired to change from conventional zoning to a PUD (Planned Unit Development). Staff recommendation was for preliminary approval.

MOTION BY HAGNESS AND SECOND BY HUTCHISON TO GRANT PRELIMINARY APPROVAL OF THE REZONING SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Suggest naming the planned unit development Stadter Center Planned Unit Development.
2. Provide heavy line around area to be designated as the Stadter Center Concept Development Plan (CDP) and add symbol to CDP legend.
3. Under legal description add Stadter Second Resubdivision.
4. Under zoning designate as PUD MS-Medical Services. For each lot designate as MS-1…MS-8 to coincide with lot numbers. Typically an area is designated with a regular district destination - B-3 Type Use4s as permitted or by conditional use, except as provided: Provide a customized list of typical permitted uses: medical clinics, medical offices, pharmacies and accessory uses including parking facilities. If outpatient clinics or hospitals are proposed, include within the list of permitted uses as these uses are currently conditional uses in the current B-3 District and require a conditional use permit. Include any other type uses that may be proposed in the future. For example – limited care resident facilities, nursing homes, etc.
5. Provide list of requested variances for final approval (only to the Land Development Code).
6. Provide copies of crossover agreements for parking and utility use.
7. Provide for approval dates: Planning and Zoning ____________, City Council ____________________, Ordinance number_____________________.

5. REPORTS FROM THE PLANNING DEPARTMENT:

NONE.

6. OTHER BUSINESS:

NONE.

7. ADJOURNMENT.

MOTION BY HAGNESS AND SECOND BY DREES TO ADJOURN THE MEETING AT 8:15 P.M. MOTION CARRIED UNANIMOUSLY.



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John R. Drees, Secretary



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Gary K. Malm, President