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PLANNING AND ZONING COMMISSION
MEETING MINUTES
City of Grand Forks, North Dakota
April 4, 2007

1. MEMBERS PRESENT

The meeting was called to order by Paula Lee at 7:00 p.m. with the following members present: Steve Adams, Doug Christensen, John Drees, Robert Drees, Al Grasser, Dr. Lyle Hall, Bill Hutchison, Curt Kreun, Dr. Robert Kweit, Gary Malm, Frank Matejcek and Marijo Whitcomb. Absent: Mayor (Dr.) Michael Brown, and Tom Hagness. A quorum was present.

Staff present included Brad Gengler, City Planner; Charles Durrenberger, Senior Planner,
Ryan Brooks, Senior Planner; and Carolyn Schalk, Administrative Specialist, Senior, Planning and Zoning Department and Bev Collings, Building and Zoning Administrator (Building Inspections Office). Absent: None.

2. READING AND APPROVAL OF MINUTES FOR MARCH 7, 2007.

Lee asked if there were any corrections or changes to the minutes of March 7, 2007. There were no changes noted and Lee stated the minutes were accepted as presented.


MATTER OF THE PRESENTATION BY AMERICAN CRYSTAL SUGAR REGARDING THE SPREADING OF BEET PULP AND TAILINGS ON AGRICULTURALLY ZONED LAND IN THE CITY’S EXTRATERRITORIAL ZONING JURISDICTION.

Gengler announced a presentation and information by the American Crystal Sugar Company and John Zavoral on the spreading of beet pulp and tailings on agricultural land.

Chris Greenberg spoke on behalf of Art Greenberg, a landowner of property within the four-mile radius of the city of Grand Forks, ND. The technology has changed and property owners in western alkaline soil areas could benefit from additional income by allowing the beet pulp and tailing to be distributed on their land.

Dan Gowan, American Crystal Sugar harvest maintenance supervisor of East Grand Forks, MN, stated he was responsible for harvest storage, trucking and other issues related to the factory process. He spoke on the 12 sheds located in the valley that are now refrigerated and also spoke of the new method of running cold air over the top of the piles to preserve them.

Steve Clausen, Wastewater Supervisor for American Crystal Sugar in East Grand Forks, MN, stated part of his responsibilities is the land application of by-products. RJ Zavoral, contractor for the American Crystal Sugar in obtaining land for the by-products, has been approached by various landowners (Greenbergs, Guy Useldinger and Beau Bateman) in Grand Forks County to rent out land for distribution of the by-products. Because of current ordinances in place, it is not possible to distribute the by-products on land in Grand Forks, ND. Mr. Clausen showed a short video of how the beet pulp and tailings are utilized. Mr. Clausen said the beet pulp and tailings aid in providing nutrients when worked in with the soil.

Vicky Johnson, project manager for Zavoral’s, stated the presentation was for information and consideration of allowing the option for landowners in Grand Forks County on a test site of 160 acres. She explained the hauling, spreading and disking process and the care they utilize on roads and in fields in Minnesota. They also have to follow certain guidelines when applying close to residential and water areas.

Discussion ensued among commission members on smell and problems associated with the process in East Grand Forks, MN. Also discussed was the amount of land needed for a test site, how close they could be to a residential area, etc. After a lengthy discussion, it was suggested a test site be considered for the fall and utilizing the State of Minnesota guidelines.


3. PUBLIC HEARINGS, FINAL APPROVALS, PETITIONS AND MINOR CHANGES:

3-1. (PUBLIC HEARING) MATTER OF THE REQUEST FROM ADVANCED ENGINEERING, ON BEHALF OF THE CITY OF GRAND FORKS, ND, FOR FINAL APPROVAL OF THE PLAT OF AUDITOR’S RESUBDIVISION NO. 40 (BEING A REPLAT OF ALL OF LONGMIRE AND VOISS ADDITION, HOLT’S RESUBDIVISION, AUDITOR’S RESUBDIVISION NO. 19 AND ALL UNPLATTED PARTS OF GOVERNMENT LOT 3, SECTION 22, TOWNSHIP 151 NORTH, RANGE 50 WEST OF THE FIFTH PRINCIPAL MERIDIAN) TO THE CITY OF GRAND FORKS, ND AND LOCATED ALONG BELMONT ROAD AND BELMONT COURT. THE REQUEST ALSO INCLUDES A VARIANCE TO THE LAND DEVELOPMENT CODE, ARTICLE 9, SUBDIVISION REGULATIONS; SECTION 18-0907, SUBSECTION (2), RIGHT-OF-WAY, PARAGRAPH (L)(1)(C) AS IT RELATES TO ACCESS TO LEVEL FOUR ACCESS CONTROLLED STREETS.

Durrenberger reviewed the item by explaining the plat consolidates various properties purchased by the city as part of the flood protection project. One of the issues discussed at the March meeting was a strip of land that would be given to an adjacent property owner. The city would retain the adjacent vacated right-of-way for Belmont Court. The plat also provides lots for two city lift stations and proposes three residential lots in the southwest corner. Durrenberger spoke on the issue of access control. The city recently adopted access control requirements and for Belmont Road, a variance would be needed in order to provide a driveway access for lot six. Lots five and seven have existing driveways and combining an access would require removal and relocation of a streetlight as well as removal of an existing row of trees. Staff’s recommendation is for an individual driveway access for Lot six.

Durrenberger also discussed the issue of front yard building setbacks. Lots south of lots five through seven have deep front yard setbacks and the recommendation is to maintain the visual consistency along Belmont Road by restricting the front yard setback to 50 feet. By requiring a 50-foot front yard setback, the rear yard would be unreasonably shortened for lot five. The recommendation is to split lot six to allow for greater design flexibility.

Durrenberger also noted that with the location (setback) of the two pump houses, a variance is needed from the Board of Adjustment.

Lee opened the public hearing. There was no one to speak to the issue and Lee closed the public hearing. The issue was returned to the commission members for discussion.

MOTION BY CHRISTENSEN AND SECOND BY WHITCOMB TO APPROVE THE PLAT, INCLUDING STAFF’S RECOMMENDATION TO SPLIT LOT SIX AND INCLUDING THE 50-FOOT BUILDING SETBACK REQUIREMENT. THE MOTION INCLUDES IT WILL BE UNNECESSARY TO SEEK A VARIANCE FROM THE BOARD OF ADJUSTMENT. THE MOTION ALSO INCLUDES FINAL APPROVAL OF THE STREET AND HIGHWAY ORDINANCE AS WELL AS THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Review title opinion and include any necessary existing easements.
2. Correctly identify lands within the 100-year floodplain.
3. Include spot ground elevations on all undeveloped building lots.
4. Include document numbers for vacations.
5. Add the owners of Lot 1, Block 1, Longmire and Voiss Addition as signers to the plat.
6. Extend Lot 2, south to centerline of vacated Belmont Court and extend Lot 3, north to centerline of Belmont Court to provide proper side yard setback for existing building on Lot 3.
7. Combine Lots 5, 6 and 7 into two lots. Renumber lots as necessary.
8. Place a 50-foot building setback line on replatted residential lots.

MOTION CARRIED UNANIMOUSLY.

3-2. (PUBLIC HEARING) MATTER OF THE REQUEST FROM ADVANCED ENGINEERING, ON BEHALF OF THE CITY OF GRAND FORKS, ND, FOR FINAL APPROVAL OF THE REPLAT OF LOTS 9, 10 AND 11, BLOCK 3, ANDERSON’S SUBDIVISION, EXTENSION OF BLOCKS 1, 2 AND 3, TO THE CITY OF GRAND FORKS, ND, LOCATED AT 49TH AVENUE SOUTH AND RIVERS EDGE DRIVE.

Durrenberger reviewed the replat as part of the overall flood protection project. The city currently owns the three properties and the replat will create two lots. Lot A will be sold as a residential lot and Lot B will create the right-of-way for the city dike. With the layout of the plat, access is provided for both lots. Staff’s recommendation is for final approval of the replat subject to the technical changes shown on or attached to the review copy.

Lee opened the public hearing. There was no one to speak on the issue and the public hearing was closed. The issue was returned to the commission members for discussion.

MOTION BY MALM AND SECOND BY DR. KWEIT TO APPROVE THE REPLAT REQUEST, SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Show pin set at the northwest corner of Lot B.
2. Add the words “curve data” above the curve data chart.

MOTION CARRIED UNANIMOUSLY.

3-3. (PUBLIC HEARING) MATTER OF THE REQUEST FROM ADVANCED ENGINEERING, ON BEHALF OF THE CITY OF GRAND FORKS, FOR FINAL APPROVAL OF THE REPLAT OF LOTS A THROUGH E, BAUKOL’S SUBDIVISION TO THE CITY OF GRAND FORKS, ND, LOCATED AT ALPHA AVENUE AND NORTH 4TH STREET.

Durrenberger reviewed the replat request and stated the plat boundary had changed somewhat from preliminary approval at the March meeting. The final plat will include the previously vacated right-of-way on North Third Street. The city will present a plat for the Riverside Park at a later date. Staff’s recommendation is for final approval of the replat

Lee opened the public hearing. There was no one to speak to the issue and the public hearing was closed. The issue was returned to the commission members for discussion

MOTION BY MALM AND SECOND BY DR. KWEIT TO APPROVE THE REPLAT REQUEST. MOTION CARRIED UNANIMOUSLY.

3-4. (PUBLIC HEARING) MATTER OF THE REQUEST FROM ADVANCED ENGINEERING, ON BEHALF OF THE CITY OF GRAND FORKS, ND, FOR FINAL APPROVAL OF THE REPLAT OF ALL OF BLOCK 39 AND THE NORTHWEST HALF OF VACATED EIGHTH AVENUE NORTH, McCORMACK’S ADDITION, TO THE CITY OF GRAND FORKS, ND, AND LOCATED AT 820 NORTH THIRD STREET.

Durrenberger reviewed the replat, stating it was for the Simonson’s Lumberyard property. The city proposes to reinstate the right-of-way in front of the building and also negotiated with Simonson’s for the triangle on North 2nd Street and previously vacated 8th Avenue North in order to provide better access to the back The city will replat the other half of the previously vacated 8th Avenue North and other property that includes two lift stations. The proximity of the lumberyard building to the property lines will create non-conforming setbacks and require variances from the Board of Adjustment. Staff recommendation is for final approval subject to the technical changes shown on or attached to the review copy.

Lee opened the public hearing. There was no one to speak on the issue and the public hearing was closed. The issue was returned to the planning and zoning commission for further discussion.

Robert Drees said there was discussion at the March meeting about moving the street over instead of seeking variances. Durrenberger said based on discussions with the engineering department that would not work. It was decided to remain with the original layout of the plat and apply for the variance.

Gengler said the pump houses are in place and it is city owned property. The idea of including a variance from the Board of Adjustment is because it creates a zero setback for the existing building. Shifting the right-of-way to avoid the variance process moved it too far and did not leave the city with enough usable right-of-way. The commission could give approval of the plat with a zero setback and instructions not to approach the Board of Adjustment. The city council has the final voice in the matter. The flood protection plan essentially created the non-conforming lot.

Durrenberger stated that in the past, if a property met 75% of the setback or regulation, it was considered conforming.

Christensen said the commission was approving a plat based on the rules and regulations and it did not need further approval by the Board of Adjustment. If that is determined to be a problem, the code needs to be changed.

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

MOTION BY CHRISTENSEN AND SECOND BY HUTCHISON TO APPROVE THE PLAT WITHOUT A VARIANCE BY THE BOARD OF ADJUSTMENT, APPROVAL OF THE ORDINANCE AMENDING THE STREET AND HIGHWAY PLAN AND ALSO SUBJECT TO THE TECHNICAL CHANGES SHOWN OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Plat requires street and highway ordinance
3. Crosshatch all lands to be dedicated as right-of-way.
4. Include street and highway ordinance number in the city council approval certificate.
5. In the floodplain note, state that no lands within the plat boundary are in the 100-year floodplain.
6. Add 100-year flood line to the legend.
7. Owner of Lot A is Simonson Lumber & Hardware Inc.
8. Correct wordage in notary for Simonson’s

Discussion continued on whether or not the issue should be presented to the Board of
Adjustment.

Malm stated the structures were already in place and the flood project caused them to be
non-conforming. A zero lot line would not be approved for any new projects.

MOTION CARRIED UNANIMOUSLY.

3-5. (PUBLIC HEARING) MATTER OF THE REQUEST FROM ADVANCED ENGINEERING, ON BEHALF OF THE CITY OF GRAND FORKS, ND, FOR FINAL APPROVAL OF THE REPLAT OF THE NORTHEAST 110 FEET OF LOTS 1,2,4,5 AND 6 AND THE NORTHEAST 105 FEET OF LOT 3 AND THE VACATED FOUR FEET OF NORTH SECOND STREET ADJACENT THERETO, BLOCK 24 OF THE SUBDIVISION OF BLOCKS 16, 17 AND 24, GRAND FORKS PROPER, GRAND FORKS COUNTY, D.T. NORTH DAKOTA, TO THE CITY OF GRAND FORKS, ND, LOCATED AT DEMERS AVENUE AND NORTH 2ND STREET.

Gengler reviewed the replat request stating it is conjunction with the overall flood protection project and consolidates city owned property.

Lee opened the public hearing. There was no one to speak on the issue and the public hearing was closed. The issue was returned to the planning and zoning commission for discussion.

MOTION BY MATEJCEK AND SECOND BY KREUN FOR APPROVAL OF THE REPLAT REQUEST SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Add document numbers for all vacated areas.
2. Show monuments set at all lot corners.
3. Check plat boundary distance along 1st Avenue North.
4. Add “President” and “Secretary” to the Planning and Zoning Commission signature line.
5. Add wordage to 100-year floodplain note as shown.
6. Include spot ground elevations.
7. Change plat title in title block and in owners certificate to reflect the inclusion of all of North 2nd Street.

MOTION CARRIED UNANIMOUSLY.

3-6. MATTER OF THE REQUEST FROM THE CITY OF GRAND FORKS, NORTH DAKOTA TO VACATE PARTS OF NORTH 2ND STREET, 1ST AVENUE NORTH AND RIVERBOAT ROAD AND EASEMENTS ADJACENT THERETO BETWEEN BLOCK 24, TOWN OF GRAND FORKS AND AUDITOR’S RESUBDIVISION NO. 13.

Gengler reviewed the vacation request stating it coincides with the plat request under Item No. 3-5 and is part of the overall flood protection project. The request is to vacate all former rights-of-way towards the wet side of the dike.

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

3-7. (PUBLIC HEARING) MATTER OF THE REQUEST FROM TIM CRARY ON BEHALF OF CRARY DEVELOPMENT INC., FOR FINAL APPROVAL OF THE PLAT OF HIGHLAND POINT SECOND RESUBDIVISION TO THE CITY OF GRAND FORKS, ND, AND LOCATED AT 36TH AVENUE SOUTH, EAST OF SOUTH 20TH STREET.

Steve Adams asked to be excused from voting on Items 3-7 and 3-8.

MOTION BY MALM AND SECOND BY MATEJCEK TO EXCUSE ADAMS FROM VOTING ON ITEMS 3-7 AND 3-8. MOTION CARRIED UNANIMOUSLY.

Durrenberger reviewed the plat request for unplatted agricultural land zoned for multiple family. The area to the south is being developed for single-family homes and buffered from general business by multiple family and twin homes. Approval at the March meeting was based on designated access control on 36th Avenue South. Durrenberger pointed out the access control shown on the preliminary plat that extended along the west lot line of Lot 1. The developer was told a driveway could not be constructed closer than 150 feet. In reviewing a preliminary site plan, South 20th Street was shown to have an access at 260 feet. Staff suggested a change in recommendation to allow a driveway at 260 feet. At that point, it would create better separation between South 19th Street and the driveway. Staff recommendation is to remove the line between Lot 1 and 2 and to establish an access at 260 feet on the west side of Lot 1.

Lee opened the public hearing. There was no one to speak on the issue and the public hearing was closed. The item was returned to the planning and zoning commission members for discussion.

MOTION BY DR. KWEIT AND SECOND BY MALM TO APPROVE THE PLAT REQUEST, REMOVE THE LOT LINE BETWEEN LOT 1 AND 2, ALLOW AN ACCESS AT 260 FEET AND GIVE FINAL APPROVE TO THE ORDINANCE AMENDING THE STREET AND HIGHWAY PLAN. THE PLAT IS ALSO APPROVED SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Add access control along all of the west line of Lot 1, Block 1.
3. 8% parks dedication is still owed for 1.32 acres of this plat.

MOTION CARRIED UNANIMOUSLY.

3-8. (PUBLIC HEARING) MATTER OF THE REQUEST FROM TIM CRARY ON BEHALF OF CRARY DEVELOPMENT INC., FOR FINAL APPROVAL OF THE PLAT OF HOMESTEAD GROVE THIRD ADDITION TO THE CITY OF GRAND FORKS, ND AND LOCATED AT 40TH AVENUE SOUTH EAST OF SOUTH WASHINGTON STREET.

Durrenberger reviewed the plat request for additional commercial and residential family areas.

Grasser stated a drainage plan has been submitted for the plat. Originally, a pond was included on the site and then the pond was removed. The drainage plan is subject to further review by the engineering department. An easement is necessary across the land and adjoining the southend drainway for storm sewer connections.

Durrenberger informed members that technical change number three would be eliminated since the developer has met the 8% park and open space requirement. Staff recommendation is for final approval subject to the technical changes shown on or attached to the review copy.

When asked about the easement for drainway purposes, Grasser said a large pipe would be located on 47th Avenue South to the drainway. Both properties are owned by the same developer. The stub of the pipe is in place at 47th Avenue South right-of-way in order to avoid tearing up the new roadway along 47th Avenue South.

Lee opened the public hearing. There was no one to speak on the issue and the public hearing was closed. The item was returned to the commission members for discussion.

MOTION BY DR. HALL AND SECOND BY MALM TO GIVE APPROVAL TO THE PLAT REQUEST SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY AND ALSO APPROVAL OF THE ORDINANCE TO AMEND THE STREET AND HIGHWAY PLAN:
1. Submit title opinion.
2. Plat requires street and highway ordinance and annexation.
3. Some areas of this plat require park and open space dedication.
4. Add the word “utility” to five-foot pedestrian/bikeway/utility easement.
5. Provide easements across lands adjoining the southend drainway for storm sewer connections.
MOTION CARRIED UNANIMOUSLY.

3-9. (PUBLIC HEARING) MATTER OF THE REQUEST FROM PRIBULA ENGINEERING, ON BEHALF OF LAVONNE ADAMS, FOR FINAL APPROVAL OF THE PLAT OF SHADYRIDGE ESTATES SEVENTH ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED AT ADAMS DRIVE AND SHADYRIDGE COURT.

Gengler stated Items 3-9, 3-10 and 3-11 were related and would be discussed together. He showed the plat area of approximately two acres on an air photo map and stated it was being platted to accommodate one single family home. Gengler said much of the Shadyridge Estates area is scheduled to be annexed on January 1, 2014 as negotiated in 1996. An additional 50 feet is being added to the plat area in order to allow for proper placement of the home on the lot. This additional 50 feet is proposed to be included in the annexation scheduled for January 1, 2014. The rezoning request (Item No. 3-11) allows the property to be rezoned to a planned unit development with R-1 type uses. This coincides with the remaining development. Staff recommendation is to approve the plat request subject to the technical changes and final approval of an ordinance to amend the street and highway plan.

Lee opened the public hearing. There was no one to speak on the issue and the public hearing was closed. The item was returned to the planning commission members for further discussion.

MOTION BY HUTCHISON AND SECOND BY KREUN TO APPROVE THE PLAT AND THE ORDINANCE AMENDING THE STREET AND HIGHWAY PLAN AND SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Identify pond area as a stormwater and drainage easement area.
2. Part of Lot 1, Block 1 will require annexation.

MOTION CARRIED UNANIMOUSLY.

3-10. MATTER OF THE PETITION FROM LAVONNE ADAMS FOR APPROVAL TO ANNEX PORTIONS OF SHADYRIDGE ESTATES SEVENTH ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED AT ADAMS DRIVE AND SHADYRIDGE COURT.

Gengler stated the annexation ordinance describes only the northerly 50 feet of the plat to
be effective January 1, 2014. Gengler showed the area that was negotiated to be
annexed on January 1, 2014.

Christensen asked if city services were provided. Gengler stated the area does get city
water service through the rural pipes. Provision of additional city services would have to
be determined when the area is annexed on January 1, 2014.

MOTION BY DR. KWEIT AND SECOND BY MATEJCEK TO APPROVE THE
ORDINANCE FOR ANNEXATION EFFECTIVE ON JANUARY 1, 2014.
MOTION CARRIED UNANIMOUSLY.

3-11. (PUBLIC HEARING) MATTER OF THE REQUEST FROM PRIBULA ENGINEERING, ON BEHALF OF LAVONNE ADAMS, FOR FINAL APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO EXCLUDE FROM THE SHADYRIDGE ESTATES PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 1 AND TO INCLUDE WITHIN THE SHADYRIDGE ESTATES PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 2, ALL OF SHADYRIDGE ESTATES FIRST ADDITION, SHADY RIDGE ESTATES SECOND ADDITION, SHADY RIDGE ESTATES THIRD ADDITION, SHADYRIDGE ESTATES FOURTH RESUBDIVISION, SHADY RIDGE ESTATES FIFTH RESUBDIVISION, SHADY RIDGE ESTATES SIXTH ADDITION, GREENWOOD SUBDIVISION, UNPLATTED PORTIONS OF SECTION 26, AND SHADYRIDGE SEVENTH ADDITION, LOCATED IN THE VICINITY OF ADAMS DRIVE AND SHADYRIDGE COURT.

Gengler stated the rezoning would change the Shadyridge Seventh Addition from A-2 District to an R-1 District. Staff recommends approve of the request.

Lee opened the public hearing. There was no one to speak on the issue and the public hearing was closed. The item was returned to the commission member for further discussion.

MOTION BY MALM AND SECOND BY WHITCOMB TO APPROVE THE REZONING FROM THE A-2 DISTRICT TO THE R-1 DISTRICT. MOTION CARRIED UNANIMOUSLY.

3-12. (PUBLIC HEARING) MATTER OF THE REQUEST FROM TIM CHRISTIAN, ON BEHALF OF COUNTRY DEVELOPMENT, LLP, FOR FINAL APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO REZONE AND EXCLUDE FROM THE A-2 (AGRICULTURAL URBAN RESERVE) DISTRICT AND TO INCLUDE WITHIN THE R-1 (SINGLE-FAMILY RESIDENCE) DISTRICT, COUNTRYVIEW FOURTH RESUBDIVISION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED ON CHRISTIAN DRIVE.

Brooks reviewed the request by stating the plat for Countryview Fourth Resubdivision that created single-family lots was approved at the March meeting. He showed on the map the area that would be included in the rezoning request.

Lee opened the public hearing. There was no one to speak on the issue and the public hearing was closed. The item was returned to the commission members for discussion.

MOTION BY DR. KWEIT AND SECOND BY CHRISTENSEN FOR FINAL APPROVAL OF THE REZONING REQUEST. MOTION CARRIED UNANIMOUSLY.


3-13. (PUBLIC HEARING) MATTER OF THE REQUEST FROM THE CITY OF GRAND FORKS PLANNING DEPARTMENT 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 R-4 (MULTI-FAMILY RESIDENCE) DISTRICT, LOTS 23, 25, 27, 29 AND 31, BLOCK 43, MCCORMACK’S FIRST ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED AT 901, 905 AND 909 NORTH THIRD STREET.

Brooks reviewed the rezoning request. The area being proposed for rezoning includes a city-owned vacant lot (37-1/2 feet wide by 40 feet long) as well as two residential lots to the north. Currently the properties are zoned as B-3. Staff felt it made more sense to change the zoning from B-3 to R-4 since it would be impossible to establish a business on the vacant lot under the B-3 zoning. The two residents that were included in the rezoning were non-conforming uses in a B-3 District and owners were agreeable to the rezoning. Staff recommendation is to approve the rezoning request.

Lee opened the public hearing. There was no one to speak on the issue and the public hearing was closed. The item was returned to the planning commission for discussion.

MOTION BY WHITCOMB AND SECOND BY ADAMS TO GIVE FINAL APPROVAL TO THE REZONING REQUEST FROM THE B-3 DISTRICT TO THE R-4 DISTRICT. MOTION CARRIED UNANIMOUSLY.

3-14. (PUBLIC HEARING) MATTER OF THE REQUEST FROM ULTEIG ENGINEERS, ON BEHALF OF McDONALD’S CORPORATION, FOR FINAL APPROVAL (FAST TRACK) OF THE PLAT OF McDONALD’S ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED AT 4340 GATEWAY DRIVE.

Brooks reviewed the plat request for the McDonald’s Restaurant located on Gateway Drive. A site plan was received for the reconstruction of a new McDonald’s and it was discovered that the property had never been platted. Brooks noted there was a cross-over agreement with the property owner to the east for access.

Lee opened the public hearing. There was no one to speak on the issue and the public hearing was closed. The item was returned to the commission members for discussion.

MOTION BY DR. KWEIT AND SECOND BY HUTCHISON TO APPROVE THE PLAT REQUEST SUBJECT TO THE FOLLOWING TECHNICAL CHANGE SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Add note to explain source of information for recorded bearings and distances.

MOTION CARRIED UNANIMOUSLY.

4. COMMUNICATIONS AND PRELIMINARY APPROVALS:

4-1. MATTER OF THE REQUEST FROM GARY MOLSTAD, ON BEHALF OF NORTH DAKOTA CONCRETE PRODUCTS COMPANY, FOR PRELIMINARY APPROVAL OF THE PLAT OF MOLSTAD’S SECOND ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED AT NORTH 42ND STREET AND 16TH AVENUE NORTH.

Brooks reviewed the plat request, stating the property owners on 16th Avenue North wanted to have the street paved and sanitary sewer installed. The property owner to the north (North Dakota Concrete Products Company) owned 50% of the area and could protest the assessment and stop the paving project. Mr. Molstad offered to buy property (140 feet) from the concrete company that would be assessed for the roadway. In order to complete the purchase, the property has to be platted. Staff recommendation is for preliminary approval of the plat request.

MOTION BY MALM AND SECOND BY WHITCOMB TO GIVE PRELIMINARY APPROVAL TO THE PLAT REQUEST, APPROVAL OF THE ORDINANCE TO AMEND THE STREET AND HIGHWAY PLAN AND SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Plat requires street and highway ordinance
3. Include distance for curved line segment.
4. Show curve data for curved line.
5. Set monuments at all lot corners.
6. Correctly shade plat area in the vicinity map.
7. The west plat boundary distance should be 220.0 feet.
8. Label areas to be dedicated as public rights-of-way
9. At the time of platting, the city of Grand Forks cannot guarantee all utility services to this site.

MOTION CARRIED UNANIMOUSLY.

4-2. MATTER OF THE REQUEST FROM THE CITY OF GRAND FORKS PLANNING DEPARTMENT FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO REZONE AND EXCLUDE FROM THE A-1 (AGRICULTURAL PRESERVATION) DISTRICT AND TO INCLUDE WITHIN THE R-1 (SINGLE-FAMILY RESIDENCE) DISTRICT, AUDITOR’S RESUBDIVISION NO. 40, LOCATED ALONG BELMONT ROAD AND BELMONT COURT.

Brooks reviewed the rezoning request for an areas along Belmont Road. Even though there were single family homes prior to the flood, the property remained zoned as A-1. To be consistent and protect the existing neighborhood, staff is recommending approval of the rezoning change.
MOTION BY DR. KWEIT AND SECOND BY MALM TO CHANGE THE ZONING FROM THE A-1 DISTRICT TO THE R-1 DISTRICT. MOTION CARRIED UNANIMOUSLY.

4-3. MATTER OF THE REQUEST FROM JERRY PRIBULA, ON BEHALF OF RALPH APPLEGREN, FOR PRELIMINARY APPROVAL OF THE PLAT OF BRETON’S 2ND SUBDIVISION, BEING PART OF THE NORTHEAST QUARTER (NE-1/4) OF SECTION 3, TOWNSHIP 150 NORTH, RANGE 51 WEST, GRAND FORKS COUNTY, NORTH DAKOTA.

Gengler stated the applicant had met with staff and after discussions on the plat, the request is to table; however, he wanted to present information on the plat. Gengler explained this was one of three plats submitted during the moratorium phase of the extraterritorial jurisdiction. The city council changed the deadline date for submission of plat applications in the moratorium ordinance to allow the three plats to be processed. Breton’s 2nd Subdivision plat application and concept was received on April 13, 2006. The subject plat is located in the southwest fringe of the extraterritorial zoning jurisdiction.

Gengler referred members to the various maps included in the packet. Map 1 shows the location of the plat area; Map 2 is the preliminary plat map; Map 3 is the concept map, and Map 4 shows the various lots and street network for the completed plat map. Part of the plat area is still located in the county zoning jurisdiction. The applicant requested tabling of the plat until all the issues could be worked out.

Christensen expressed concern over the fact that city council members had not viewed the concept map earlier. Gengler responded staff did not include the concept earlier because the application did not meet the deadline set by the council.

Discussion ensued on the plat and concept map.

MOTION BY DR. HALL AND SECOND BY MATEJCEK TO TABLE THE PLAT REQUEST. MOTION CARRIED UNANIMOUSLY.


5. REPORTS FROM THE PLANNING DEPARTMENT:

5-1. MATTER OF THE DISCUSSION REGARDING GUEST HOUSES ON SINGLE-FAMILY LOTS IN THE EXTRATERRITORIAL ZONING (ETZ) JURISDICTION. GUEST HOUSES ARE NOT RECOGNIZED AS A PERMITTED LAND USE IN THE ETZ.

Gengler stated that with the recent extension from two to four miles, the A-1 and A-2 districts will have issues on various code elements. A request was made by a rural property owner for approval to build a guest house on his property. The request does not meet any of the defined density requirements and there is no variance process for the property owner. The footprint of the guesthouse is essentially a second dwelling unit.
Malm said a definition of a guesthouse would have to be determined. He reminded members of the problems trying to define “congregate” housing.

Christensen said the proposed dwelling is 3200 square feet and included three stories. The term “guest house” can be very subjective. The land development code revision committee is currently working on making changes to the code. The city should wait and see how many requests are received for a “guest house” before they start modifying the code. The code should not be modified for one person.

Matejcek said it might be fine for the person currently asking for approval to build a “guest house” but the problems will occur when the property changes owners in the future.


Matejcek thanked the commission on their attitude and willingness to consider the American Crystal Sugar project.


Dr. Hall asked the outcome on the Marlan Shull conditional use permit (CUP) request. Christensen said the request was denied by city council because it was a metal building with too little design aspects to it. He talked to Mr. Shull and told him if brick were added to the building and the roof was dropped, it would be more appealing. Christensen also referred to the welcome sign to the city that was slated to be erected in the area

Brooks stated the zoning is B-3 and his business could be an allowed use. Mr. Shull could return with a site plan for a steel metal building and it would be allowed. It would only be brought back to the commission for review if the use required a conditional use permit.

6. OTHER BUSINESS:

7. ADJOURNMENT.

MOTION BY MATEJCEK AND SECOND BY CHRISTENSEN TO ADJOURN THE MEETING AT 9:00 P.M. MOTION CARRIED UNANIMOUSLY.


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Lyle A. Hall, Secretary



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Paula H. Lee, President