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April 11, 2007

Fargo Planning Commission Regular Meeting Agenda

City Commission Chambers, City Hall
Broadcast Live on Fargo Access Channel 12
Rebroadcast the 3rd Tuesday of the Month at 7:30 p.m.   

8:00 a.m. to 8:45 a.m.   Items A through D

A:        Approve Order of Agenda

B:        Minutes:  Regular Meeting of March 14, 2007

C:        Presentation:  Main Avenue Landscape Plan by City Forester Scott Liudahl

D:        Growth Plan Discussion  

Public Hearings 9:00 - 9:45 a.m. Items 1 through 6

1.         (2007-03-08) Continued Hearing on a Petition for a City of Fargo Growth Plan Update (Located in the Northern & Southern ET areas of the City of Fargo) (City of Fargo Planning Department) (jh) (staff recommend continuing this Growth Plan Update to the May 9th, 2007 Planning Commission )

2.         (2007-03-07) Continued Hearing on a Petition for a Growth Plan Amendment for the Fargo School District  (Located on a portion of the SW 1/4 and SE 1/4 of Section 35, Township 139 North, Range 49 West) (City of Fargo Planning Department) (jh) (staff recommend continuing this Growth Plan Amendment to the May 9th, 2007 Planning Commission )

3.         (2007-04-01) Hearing on a Petition requesting a plat of The District of Fargo Addition (Major Subdivision) Part of the Northeast Quarter of Section 3, Township 138 North, Range 49 West (Located at 3950 52nd Avenue South) (White Oaks Trust) (jh)

4.         (2007-04-02) Hearing on a Petition requesting a plat of RDO Truck Center Addition (Minor Subdivision) Part of the Northeast Quarter of Section 27, Township 139 North, Range 49 West (Located at 3800 34th Avenue South) (Ronald D. Offutt and Scott Neal) (mw)

5.         (2007-04-03) Hearing on a Petition requesting a Conditional Use Permit to allow for residential living within a Limited Commercial zone district on part of the Laurence Yunker 1st Addition, Lots 1, 2, 3, 4, 13, 14, 15, 16, Block 1, Laurence Yunker 1st Addition.  (Located at 2824 & 2828 North Broadway and 2823 7th Street North within the Laurence Yunker 1st Addition.)  ( Meridian on Broadway) (mw)

6.         (2007-04-04)  Hearing on a Petition requesting a plat of Urban Plains Center Addition (Major Subdivision) a replat of Lots 5 through 9, Block 6 and Lots 5 through 12, Block 7 of Urban Plains by Brandt First Addition; Lot 7, Block 1 of Urban Plains Rec Facility and that part of 30 Avenue South adjoining said lots.  (Located at 51st Street and 30th Avenue South .  A parcel of land located in portions of Blocks 6 and 7 of Urban Plains by Brandt First Addition)  (Ace A. Brandt)  (bm)

 

Public Hearings 10 :00 - 10:45 a.m. Items 7 through 17

7.         (2007-04-05)  Hearing on a Petition requesting a plat of Osgood Townsite City Centre Second Addition (Minor Subdivision) a replat of Lots 2 through 5, Block 1 of Osgood Townsite City Centre First Addition.  (Located at the Southeast Corner of 40th Avenue and 47th Street South ) (Kevin Christianson) (mw)  

8.         (2007-04-06)  Hearing on a Petition requesting a plat of Lucken Addition (Major Subdivision) A replat of Lots 1 through 9, Block 6A of the replat of Lots 12 and 13, Block 3 and Lots 18, 19, 20 and 30, 31, 32, 33, Block 4 of E.G. Clapp’s First Addition.  (Located at 602 43rd Street North ) (Jeff Lucken) (bm)

9.         (2007-04-07)  Hearing on a Petition requesting a plat of Staton Addition (Minor Subdivision)  A replat of Lots 1 and 2, Excluding the South 5 feet of Lot 2, Block 4, Longfellow Park Addition.  (Located at 3001 Bohnet Boulevard North ) (Dennis Staton) (mw)

10.       (2007-04-08a) Hearing on a Petition requesting a Growth Plan Amendment from medium/high density residential to commercial on an Unplatted portion of the Southeast Quarter of Section 33, Township 139 North, Range 49 West.  (Located at 5201 52nd Avenue South ) (Kevin Christianson) (jh)

(2007-04-08b)  Hearing on a Petition requesting a Zoning Change from AG, Agriculture to SR-4, Single-Family on proposed Lots 1 through 19, Block 1; Lots 1 through 17, Block 2 and Lots 1 through 5, Block 3 and GC, General Commercial (with a Conditional Overlay) on proposed Lots 6 through 10, Block 3 .  (Located at 5201 52nd Avenue South ) (Kevin Christianson) (jh)

            (2007-04-08c)  Hearing on a Petition requesting a plat of South Forty at Osgood Second Addition (Major Subdivision) on Unplatted Portions of the Southwest Quarter in Section 33, Township 139 North, Range 49 West.  (Located at 5201 52nd Avenue South) (Kevin Christianson) (jh)      

11.       (2007-07-09)  Hearing on a Petition requesting a Conditional Use Permit to allow for manufacturing in a General Commercial zone on Lots 6 & 7, Block 19 of Tyler’s Addition.  (Located at 206 19th Street North )  (Bradley Colman) (mw)

12.       (2007-07-10a)  Hearing on a Petition requesting a Zoning Change from AG, Agricultural and LC, Limited Commercial to PI, Public/Institutional on Lots 1, 5 and 17, Block 1; LC, Limited Commercial on Lots 2 and 3, Block 1 and Lots 1, 2, 3, 4 and 5, Block 2 and Lot 1, Block 4; MR-3, Multi-Family on Lot 1, Block 3 and Lot 17 and 37, Block 5; SR-3, Single-Family on Lots 1 through 16 and Lots 18 through 29, Block 5 and Lots 1 through 24, Block 6; SR-2, Single-Family on Lots 30 through 36 and 38 through 46, Block 5 and Lots 1 through 13, Block 7 of the proposed Prairie Grove First Addition. (Mark Payne) (jh)

            (2007-07-10b)  Hearing on a Petition requesting a plat of Prairie Grove First Addition (Major Subdivision) a replat of part of the Northeast Quarter of Section 2, Township 138 North, Range 49 West.  (Located South of 52nd Avenue Southand West of 25th Street South) (Shorestone Development) (jh)

13.       (2007-04-13)  Hearing on a Petition requesting a Zoning Change from MR-2, Multi-Family to SR-4 Single Family on the east 140 feet of Lot 1, Block 2, Darlings 1st Addition.  (Located at 703 University Drive South )  ( Lake Agassiz Habitat for Humanity) ACCELERATED (mw)

14.       (2007-04-14)  Hearing on a Petition requesting a Zoning Change from AG, Agricultural to SR-2, Single-Family on Lot 1, Block 2, BRC Subdivision.  (Located at 6195 64th Avenue South ) (Dustin Halden and Kristen Jelinek) (mw)

15.       (2007-04-15)  Hearing on a Zoning Change from P/I, Public and Institutional to GO, General Office on the westerly 745.13 feet of Lot 1, Block 1, Sullivan Addition (Located at 5202 25th Street South) (Samuel J. Aquila/Sts. Anne & Joachim Church of Fargo) (mw)  

16.       (2007-04-16)  Hearing on a Zoning Change from AG, Agricultural to GC, General Commercial on that part of the Southeast Quarter of Section 34, Township 139 North, Range 49 West of the Fifth Principal Meridian, Cass County, North Dakota. (Located at 4005 52nd Avenue South ) (Fred and Earlyne Hector) (jh)

Other Items

17.       Brown Bag Luncheon - Wednesday, April 25th, 2007

 

Fargo Planning Commission
Regular Meeting
Wednesday, April 11, 2007


Present:      John Paulsen, Mark Brodshaug, Kristi Fremstad, Terry Nordenstrom, Kelly Ruth, Jan Ulferts-Stewart, Claire Vigesaa, Jeff Morrau, Catherine Wiley,

Absent:      None
     
Chair Paulsen called the meeting to order.

Item A:  Approve Order of Agenda

Chair Paulsen stated because of the heavy agenda, staff has recommended continuing the growth plan hearing to the May 9th PC meeting. He stated the brown bag luncheon is scheduled for April 25th; the same day that staff has an audio conference on Board of Adjustment and variances.  He suggested the Planning Commission members attend the audio conference, in place of having the April brown bag luncheon.  Jim Hinderaker stated he received a request earlier this week to delay item #12 for one month.

Commissioner Nordenstrom moved to approve the Order of Agenda with the continuation of items 1, 2, and 12, and replace the April 25th brown bag meeting with the audio conference.  Second by Vigesaa.  All Commissioners present voted aye and the motion was declared carried.

Item B:  Minutes:  Regular Meeting of March 14, 2007
Commissioner Ulferts-Stewart moved to approve the Minutes of the March 14, 2007 Planning Commission meeting.  Second by Brodshaug.  All Commissioners present voted aye and the motion was declared carried.

Item C:  Presentation:  Main Avenue Landscape Plan by City Forester Scott Liudahl
Scott Liudahl, City Forester, gave a presentation on the Main Avenue Landscape Plan.

Item D:      Growth Plan Discussion
Jim Hinderaker updated the Planning Commission on the status of the Growth Plan.  He stated staff requested the Hearing on the Growth Plan be delayed today to give them an opportunity to hold three open houses for residents in the area to attend.  He stated a mass mailing was sent out to property owners regarding the updates and open houses.

Jim Gilmour reminded the Planning Commission of the joint meeting with the City Commission on Thursday morning, April 12th at 7:30 a.m. to discuss growth issues along 52nd Avenue South.  He stated Mark Bittner will be making a presentation on the infrastructure and staff will provide background on the School District and Hector properties. 

Item 1:  (2007-03-08) Continued Hearing on a Petition for a City of Fargo Growth Plan Update (Located in the Northern & Southern ET areas of the City of Fargo) CONTINUED:
Commissioner Nordenstrom moved the Hearing be continued to May 9, 2007.  Second by Vigesaa.  All Commissioners present voted aye and the motion was declared carried.

Item 2:  (2007-03-07) Continued Hearing on a Petition for a Growth Plan Amendment for the Fargo School District  (Located on a portion of the SW 1/4 and SE 1/4 of Section 35, Township 139 North, Range 49 West) CONTINUED:
Commissioner Nordenstrom moved the Hearing be continued to May 9, 2007.  Second by Vigesaa.  All Commissioners present voted aye and the motion was declared carried.

Item 3:  (2007-04-01) Hearing on a Petition requesting a plat of The District of Fargo Addition (Major Subdivision) Part of the Northeast Quarter of Section 3, Township 138 North, Range 49 West (Located at 3950 52nd Avenue South) APPROVED:
(9:00 a.m.) Mr. Hinderaker presented the staff report.  He requested the Planning Commission view this as a preliminary plat because there are some changes being made.  He recommended approval today with the caveat that the item will come back at the May 9th meeting.  Mr. Hinderaker stated this plat is conceptual and in the preliminary phase. 

Mr. Nordenstrom questioned why give preliminary approval and then come back when it is in a final form.  Mr. Hinderaker replied that is also a concern of the staff.  He stated once this body approves a plat it goes to the City Engineer and then on to the City Commission for final approve.  He stated the Land Development Code (LDC) actually requires a preliminary review first and then bring it back to this body for a hearing and final approval.  Mr. Hinderaker stated this is a little different process but it actually follows the code.

Commissioner Brodshaug questioned if there is going to be a conditional overlay on this project.  He questioned if there will be details in the amenity plan to show features that will dress up the development.  Mr. Hinderaker replied there may be a conditional overlay, specific to the site, to address the design issues.  He stated the building façade, materials, etc., will be laid out in the amenities plan that will be brought back to the Planning Commission.

Commissioner Ulferts-Stewart expressed concern about approving a preliminary plat if the roads could change.  Mr. Hinderaker stated they look at significant changes.  He said if they need to move the road a little further south, it would still meet the intent of the preliminary plat.  Commissioner Ulferts-Stewart questioned if the zoning could change.  Mr. Hinderaker replied this property is zoned limited commercial.  He stated they want to address the design elements and have them in place before it goes to the City Commission and the plat is their assurance that the design codes will be met.

Chair Paulsen asked City Attorney Erik Johnson if this process legally makes sense and is appropriate to do.  Erik Johnson replied this is actually the way the Code is laid out.

Larry Scheffler, petitioner, stated he would like to dedicate more land for the landscape area and have a tree line on each side, with flowers and shrubs.  Mr. Scheffler stated he wants to achieve an upscale area. 

Darcy Winter, real estate broker and representative for Wal-Mart, stated she has been working closely with the development team and Larry Scheffler on this project.  She stated she is pleased with what they have come up with.  She stated Wal-Mart is committed to this project and hopes this will be their final resting place.

Commissioner Vigesaa moved the findings of staff be accepted and the preliminary plat be approved with the condition that the item be brought back to the Planning Commission for review and consideration of the finalized plat documents on May 9, 2007.  Second by Ulferts-Stewart.  On call of the roll Commissioners Vigesaa, Fremstad, Brodshaug, Morrau, Ruth, Ulferts-Stewart, Wiley, Nordenstrom, and Paulsen voted aye.  The motion was declared carried.

Item 4:  (2007-04-02) Hearing on a Petition requesting a plat of RDO Truck Center Addition (Minor Subdivision) Part of the Northeast Quarter of Section 27, Township 139 North, Range 49 West (Located at 3800 34th Avenue South) APPROVED:
(9:14 a.m.) Mr. Williams presented the staff report.  He stated the petitioner was present.
 
Commissioner Wiley moved the findings of staff be accepted and the minor plat of RDO Truck Center Addition be approved.  Second by Fremstad.  On call of the roll Commissioners Vigesaa, Morrau, Brodshaug, Ulferts-Stewart, Ruth, Fremstad, Wiley, Nordenstrom, and Paulsen voted aye.  The motion was declared carried. 

Item 5:  (2007-04-03) Hearing on a Petition requesting a Conditional Use Permit to allow for residential living within a Limited Commercial zone district on part of the Laurence Yunker 1st Addition, Lots 1, 2, 3, 4, 13, 14, 15, 16, Block 1, Laurence Yunker 1st Addition.  (Located at 2824 & 2828 North Broadway and 2823 7th Street North within the Laurence Yunker 1st Addition.) APPROVED:
(9:17 a.m.) Mr. Williams presented the staff report.  He stated Meridian on Broadway is proposing a mixed use development, with residential living in a limited commercial zone.  He noted that the parking requirement is short and any significant changes to the plan today would need to come back to the Planning Commission for approval.

Commissioner Wiley stated she feels a reduction of trees would be a major change, and questioned if staff agrees with that.  Mr. Williams replied yes.

Commissioner Brodshaug questioned how parking calculations are done with a mixed use.  Mr. Williams replied in this project, a lot of the retail is going to be orientated to the residents in the development.  He stated if the project is geared toward senior living, then the rational is to reduce the parking requirement for the residential portion.

Michael Domitrovich, City View, representing the petitioner, stated the landscaping plan still needs to be completed on this property.  He stated they tried to look at this property from an urban standpoint to see what is existing in the area.  Mr. Domitrovich stated this is 7.3 million dollar project which will bring a lot of taxes to the City.  He stated they are trying to do something other than a box, something newer to the area with offices, retail, and residential.  He stated it is sounding to him that it will be someone that buys a condo unit that also wants office space.  He stated with regard to parking, they have the Hope Church lot to the north, which is only used on Sundays and maybe Wednesdays.  He stated they would like to see more green space on this development and lighting will be another issue that they will address since the area is not very well lit.

Commissioner Wiley asked Mr. Domitrovich if they are willing to plant the trees that are shown on the plan.  Mr. Domitrovich replied this plan shows fewer trees than what they will be planting.  He stated with this project, they are trying to introduce something new to the north side.

Commissioner Wiley moved the findings of staff be accepted and the Conditional Use Permit to allow residential occupancy within the LC – Limited Commercial zoning district on Lots 1-4 and Lots 13-16, Block 1, Laurence Yunker 1st Addition be approved, with no significant reduction in the number of trees.  Second by Ruth. 

Commissioner Brodshaug asked if this development will be condos or rental units.  Mr. Domitrovich replied the market shows it will be condos, with one small apartment for visitors to the people living in the condos.  

On call of the roll Commissioners Ulferts-Stewart, Brodshaug, Fremstad, Wiley, Vigesaa, Morrau, Ruth, Nordenstrom, and Paulsen voted aye.  The motion was declared carried.

Item 6:  (2007-04-04)  Hearing on a Petition requesting a plat of Urban Plains Center Addition (Major Subdivision) a replat of Lots 5 through 9, Block 6 and Lots 5 through 12, Block 7 of Urban Plains by Brandt First Addition; Lot 7, Block 1 of Urban Plains Rec Facility and that part of 30th Avenue South adjoining said lots.  (Located at 51st Street and 30th Avenue South.  A parcel of land located in portions of Blocks 6 and 7 of Urban Plains by Brandt First Addition) APPROVED:
(9:29 a.m.)  Mr. Mahar presented the staff report.  He stated staff is still working with the applicant on the details of the project.  He stated they will need a zoning change for the arena lot itself and the Planning Commission will see that zoning change on the May 9th Agenda.

Commissioner Brodshaug stated it looks like there will be parking on both sides of 51st Street South.  Mr. Mahar replied there will be angle parking versus parallel parking along the street, similar to Broadway.  Commissioner Brodshaug stated it appears there is a large pedestrian space between the parking and the mixed use space.  Mr. Mahar replied the issue of snow removal is a concern and this space will help address that need.  He stated they have also expanded the right-of-way to 89 feet and the mixed use buildings will be set back. 

Commissioner Nordenstrom questioned the roundabouts on 51st Street and 30th Avenue South because they look quite small.  Mr. Mahar replied those would be a traffic circle to slow traffic down.  Commissioner Nordenstrom questioned if roundabouts will control traffic coming into this large arena.  He stated they need to be considering the impact of traffic generated by the arena. 

Mr. Mark Bittner, City Engineer, stated the issue of roundabouts serves the area quite well.  He stated they believe this layout will support the traffic needs of the area.  He stated their concern is building roads out to the developments.  He stated what they do on the interior will be driven by the development.  Mr. Bittner stated the point is well taken on the intersection needs.  He stated the larger roundabouts are not a concern but he does have concerns about parking on 51st Street.  He stated he is not sure the smaller circles are the appropriate way to handle traffic.

Commissioner Nordenstrom questioned when 5,000 people converge on the arena, will they come in on the streets or on 32nd Avenue.  Mr. Bittner stated they will work with the management team to determine access needs and the need for traffic signals.  He stated internally they generally don’t install traffic signals; the roundabouts serve that function because they are very efficient.   Mr. Bittner stated they have the same concerns as they did with the Fargodome and they need an operation plan to address the traffic issues.  Commissioner Nordenstrom asked if people will head toward the north into the residential neighborhoods or what the plan is to direct the traffic.  He stated he is concerned about 51st Street going both north and south into residential areas. 

A discussion was held regarding the interior traffic and the direction of traffic coming to and leaving the arena. 

Mr. Bittner stated the warrants need to be met before traffic signals are installed.

Mr. Gilmour stated the traffic operational plan will be a little different than the Fargodome.  He stated they may not see the peak here like they do at the Fargodome.  He felt there would be longer arrival and departure times. 

Commissioner Brodshaug moved the findings of staff be accepted and approval of the Plat of Urban Plans Center Addition with a Vacation of Road Right-of-Way be recommended to the City Commission.   Second by Morrau.  On call of the roll Commissioners Ruth, Fremstad, Wiley, Morrau, Vigesaa, Brodshaug, Ulferts-Stewart, Nordenstrom, and Paulsen voted aye.  The motion was declared carried.

Item 7:  (2007-04-05)  Hearing on a Petition requesting a plat of Osgood Townsite City Centre Second Addition (Minor Subdivision) a replat of Lots 2 through 5, Block 1 of Osgood Townsite City Centre First Addition.  (Located at the Southeast Corner of 40th Avenue and 47th Street South) CONTINUED: (9:56 a.m.) Mr. Williams stated the petitioner has requested this item be continued to the May 9th meeting.

Commission Vigesaa moved the Hearing be continued to May 9, 2007. Second by Nordenstrom.  All Commissioners present voted aye and the motion was declared carried.

Item 8:  (2007-04-06)  Hearing on a Petition requesting a plat of Lucken Addition (Major Subdivision) A replat of Lots 1 through 9, Block 6A of the replat of Lots 12 and 13, Block 3 and Lots 18, 19, 20 and 30, 31, 32, 33, Block 4 of E.G. Clapp’s First Addition.  (Located at 602 43rd Street North) APPROVED AS MINOR SUBDIVISION:
(9:57 a.m.) Mr. Maher presented the staff report.  He stated the area has been revised and so it becomes a minor subdivision. 

Commissioner Morrau moved the findings of staff be accepted and to approve the Plat of Lucken Addition as a minor subdivision.  Second by Wiley. On call of the roll Commissioners Brodshaug, Ulferts-Stewart, Ruth, Wiley, Morrau, Vigesaa, Fremstad, Nordenstrom, and Paulsen voted aye.  The motion was declared carried. 

Item 9:  (2007-04-07)  Hearing on a Petition requesting a plat of Staton Addition (Minor Subdivision)  A replat of Lots 1 and 2, Excluding the South 5 feet of Lot 2, Block 4, Longfellow Park Addition.  (Located at 3001 Bohnet Boulevard North) APPROVED:
(10:01 a.m.) Mr. Williams presented the staff report.  He stated the reason for the request is for the owner to expand his yard. 

Commissioner Brodshaug moved the findings of staff be accepted and the minor plat of Staton Addition be approved.  Second by Nordenstrom.  On call of the roll Commissioners Wiley, Brodshaug, Fremstad, Ruth, Morrau, Ulferts-Stewart, Vigesaa, Nordenstrom, and Paulsen voted aye.  The motion was declared carried.

Item 10:  (2007-04-08a) Hearing on a Petition requesting a Growth Plan Amendment from medium/high density residential to commercial on an Unplatted portion of the Southeast Quarter of Section 33, Township 139 North, Range 49 West.  (Located at 5201 52nd Avenue South) APPROVED:

(2007-04-08b)  Hearing on a Petition requesting a Zoning Change from AG, Agriculture to SR 4, Single Family on proposed Lots 1 through 19, Block 1; Lots 1 through 17, Block 2 and Lots 1 through 5, Block 3 and GC, General Commercial (with a Conditional Overlay) on proposed Lots 6 through 10, Block 3.  (Located at 5201 52nd Avenue South) APPROVED:

      (2007-04-08c)  Hearing on a Petition requesting a plat of South Forty at Osgood Second Addition (Major Subdivision) on Unplatted Portions of the Southwest Quarter in Section 33, Township 139 North, Range 49 West.  (Located at 5201 52nd Avenue South) APPROVED:
(10:03 a.m.) Mr. Hinderaker presented the staff report.  He stated last night staff held an open house on the area plan.  He stated property owners were notified but no one attended the open house.  He stated they previously met with Ken Promersberger, Rocking Hose Farms, and he had no concerns about this development.  Mr. Hinderaker stated staff has some concerns about the development.  He said the conditional overlay was just received on Monday so it was not included in the packets.  He stated the proposal shows 76 twin-home lots on the north part of the development, with commercial across the street to the south.  Mr. Hinderaker stated he does not feel there is a good transition from commercial to single family residential.  He stated staff recommends denial of the growth plan, zoning and plat due to the concern of the transition between Lot 10 and the residential development to the north.

Mr. Hinderaker stated the conditional overlay is an attempt to show they are trying to be a good neighbor.  He stated the businesses are commercial/industrial type uses, which is not a bad use but a bad transition.  He stated staff suggested placing another row of twin-homes or multi-family units opposite the twin-homes so that the back of the residential lots would abut the back of the commercial lots.

Commissioner Nordenstrom stated he doesn’t share the view that this cannot be a compatible use.  He stated the twin-homes aren’t built yet so the buyers will know what is going in south of them.  He stated typically the types of businesses described here aren’t high traffic.  He suggested they address the transition buffer with plants and landscaping and stated he feels this project can work. 

Mr. Hinderaker agreed there could be a transition that could work.  He stated the concern of staff is that the residential on the opposite side of the street looks into this future commercial development.  He stated over time the maintenance becomes an issue.  He further stated he discussed these concerns with the petitioner and they chose to bring it to the Planning Commission today.

Chair Paulsen stated he shares some of Commissioner Nordenstrom’s views on this project.

Mr. Hinderaker stated staff doesn’t oppose the change from residential to commercial in the growth plan but the transition is the issue.

Richard Burns, architect, stated he is not here representing the developer but is speaking as a user for the commercial strip being proposed.  He stated he can certainly understand the staff concerns and respects their position.  He stated they are trying to protect the concerns of the housing to the north and still accomplish a transition to commercial.  He stated essentially warehouse/office combination will be going on this site.  He stated the north buildings along 50th Avenue will be the transition area.  He stated this will be storage warehouse facilities with truck access.  Mr. Burns stated the truck access will be from the south and away from the housing.  He said all the truck traffic will go through a secured entrance during business hours and exit out the same way they come in.  He stated there will be another gate on the north for dealers coming to see items that the wholesaler will be exhibiting in a showroom situation.  Mr. Burns stated these will be infrequent visits and very limited.  He stated the building on the west will see more retail traffic in and out but the north side would be very limited.  He stated the buildings that will have 18’ high ceilings will be scaled down as they front the residential areas with awnings and overhangs.  He stated they will dress them up with masonry or stone on the face of them.  Extensive landscaping is proposed in these areas.  Mr. Burns stated this is better than metal walls in the back yard of duplexes, as being suggested by staff.   He stated everything is completely fenced and secured with landscaping. 

Commissioner Fremstad asked if there could there be wording included to address maintenance.   Mr. Hinderaker stated the maintenance loses its luster after long term and more storage is going on.  He stated it becomes a long term enforcement and maintenance issue. 

Chair Paulsen asked if the staff and the developer could put language in the approval to address the maintenance issue.

Mr. Hinderaker stated if the Planning Commission feels this is an acceptable use, then staff needs to work out the details with the developer and bring this back to the Planning Commission next month. 

Commissioner Wiley stated she doesn’t see this as an aesthetic problem but it is not necessarily functionally compatible.  She stated the occupation of property they are proposing does not contribute to a neighborhood, but doesn’t necessarily detract from it.  She suggested putting in a business that the neighborhood would use.

Mr. Burns stated it may not be economically viable to the project to put a neighborhood use in the proposal.  He stated they may not be able to get a tenant in the site.  He stated they can put a face on a public street to a business that sees minor traffic and provides security to a commercial type of use. 

Mr. Gilmour questioned if the Planning Commission wants staff to work the developer, does that delay cause a hardship to the petitioner.  Mr. Burns replied the petitioner would like for this to move forward and not be delayed.  He further stated the Land Development Code (LDC) limits the hours of operation and there are other protection measures that already exist in the zoning code.
Commissioner Ruth asked the staff if they are feeling it is more desirable to have the residential housing on both sides of the street.  Mr. Hinderaker replied the staff’s concern is the tie to the housing on the north and ultimately, in the long term, things may change and not be desirable.  He stated staff is comfortable with the growth plan and the residential, just not the transition.

Chair Paulsen stated staff is looking to the long range that there may be concerns but the Planning Commission seems to be okay with what is being proposed today.

Jim Carlson, petitioner, stated he is trying to develop a high end, small business office storage development.  He stated Fargo doesn’t have a place where small independent people can show their products to make a sale.  He stated the whole area has to be secured.  Mr. Carlson stated he disagrees with staff regarding housing with storage buildings in the back yard.  He said it is their job to make this pleasing so that people will be interested in living in the residential units. Mr. Carlson stated this proposal has to look nice and pleasing and if you bring in the right businesses, it sets the tone to keep the property looking nice. 

Steve Iverson, Paces Lodging, asked the Planning Commission not to get caught up in the zoning designation, but to think about what use is being presented here today.  He suggested they compare it with 44th Street and 52nd Avenue where there is Limited Commercial directly across from SR-2, single family homes.  Mr. Iverson stated the developer is concerned about the compatibility and salability of the lots across the street.  

It was clarified that the conditional overlay is limited to only Lot 10 and not Lot 11.

Mr. Gilmour stated one recommendation is for denial based on the staff report.  He stated if they want to make it work, then the staff needs to look at it with conditions.  He stated this will not go to the City Commission until after the Planning Commission meeting in May.  He said this would allow them to look at the specific conditions again in May.  Mr. Gilmour stated they would need to approve it today subject to review of the final conditions of the overlay in May, which would allow staff to advertise for the City Commission hearing and it wouldn’t slow the developer down. 

Mr. Carlson stated he needs to get moving, and he is not interested in delays. 

Mr. Gilmour stated he is suggesting a course of action that won’t delay a final decision by the City Commission.  He stated if the Planning Commission is comfortable with the general concept, they could take the next few weeks to work out the details so that staff is more comfortable with what is being proposed.

Bill Mahar raised the concern about the bike trail and pedestrian bridge.  He stated they have all been diligently working on the zoning but they have also been working for a long time on the bike trail in this area and the Sheyenne pedestrian bridge.  He stated they have talked about a bridge over Drain 27, east of the plat.   Mr. Mahar stated they need to work with the applicant to have enough room for the pedestrian bridge and an easement to get to the park. 

Commissioner Brodshaug stated in other Osgood developments they have included appropriate conditions on the project, such as hours of use.  He stated the big commercial area south of Hornbacher’s is centrally maintained as far as the landscaping.  He said each store pays into maintaining the landscaping.  He suggested they look into how that was done in the other developments. 

Commissioner Ulferts-Stewart stated they all agree now that the issue is making the presentation of the commercial area presentable to the street.   She suggested widening the road and adding a median with trees and landscaping to distance the residential and commercial.

Mr. Gilmour suggested widening the boulevard to provide the extra buffer.

Mr. Bittner stated they need to make revisions to the plat with regard to the width of the streets.  He stated he is also concerned about the truck traffic.  He stated he understands the developer wants to move forward, but they need to allow time for staff to review the changes that have just been put in front of them. 

Commissioner Vigesaa moved approval of the amendments to the growth plan, plat, and zoning be recommended to the City Commission and direct staff to work with the amenities plan with regard to the bike path and conditional overlay.  Second by Nordenstrom.  On call of the roll Commissioners Vigesaa, Morrau, Wiley, Ulferts-Stewart, Ruth, Brodshaug, Fremstad, Nordenstrom, and Paulsen voted aye.  The motion was declared carried.

Item 11:  (2007-07-09)  Hearing on a Petition requesting a Conditional Use Permit to allow for manufacturing in a General Commercial zone on Lots 6 & 7, Block 19 of Tyler’s Addition.  (Located at 206 19th Street North) APPROVED:
(11:11 a.m.) Mr. Williams presented the staff report. 

(Vigesaa and Wiley absent)

Commissioner Ulferts Stewart moved the findings of staff be accepted and the Conditional Use Permit to allow Manufacturing and Production within the GC – General Commercial zoning district on Lots 6 and 7, Block 19, Tylers Addition be approved.  Second by Fremstad.  On call of the roll Commissioners Morrau, Brodshaug, Ruth, Ulferts-Stewart, Fremstad, Nordenstrom, and Paulsen voted aye.  Absent and not voting:  Vigesaa and Wiley.  The motion was declared carried.

Item 12:        (2007-07-10a)  Hearing on a Petition requesting a Zoning Change from AG, Agricultural and LC, Limited Commercial to PI, Public/Institutional on Lots 1, 5 and 17, Block 1; LC, Limited Commercial on Lots 2 and 3, Block 1 and Lots 1, 2, 3, 4 and 5, Block 2 and Lot 1, Block 4; MR-3, Multi Family on Lot 1, Block 3 and Lot 17 and 37, Block 5; SR-3, Single-Family on Lots 1 through 16 and Lots 18 through 29, Block 5 and Lots 1 through 24, Block 6; SR-2, Single-Family on Lots 30 through 36 and 38 through 46, Block 5 and Lots 1 through 13, Block 7 of the proposed Prairie Grove First Addition. CONTINUED:

(2007-07-10b)  Hearing on a Petition requesting a plat of Prairie Grove First Addition (Major Subdivision) a replat of part of the Northeast Quarter of Section 2, Township 138 North, Range 49 West.  (Located South of 52nd Avenue South and West of 25th Street South) CONTINUED:
(11:12 a.m.)  Mr. Hinderaker stated the petitioner has requested these items be continued to the May 9th meeting.

Commissioner Nordenstrom moved the Hearing be continued to May 9, 2007.  Second by Vigesaa.  All Commissioners present voted aye and the motion was declared carried.

Item 13.  (2007-04-13)  Hearing on a Petition requesting a Zoning Change from MR-2, Multi Family to SR-4 Single Family on the east 140 feet of Lot 1, Block 2, Darlings 1st Addition.  (Located at 703 University Drive South) ACCELERATED, APPROVED:
(11:14 a.m.) Mr. Williams presented the staff report. 

Ms. Amanda Thomas, architect for Lake Agassiz Habitat for Humanity, stated the twin-home configuration they are proposing for this lot is more compatible with the neighbors by facing onto University Drive, rather than 7th Avenue South.  She stated the front door will face University Drive.  The existing zoning would only allow for the units to be built fronting on 7th Avenue South. 

Commission Morrau moved to accept the findings of staff and approval of the zoning change from MR-2 to SR-4 on the East 140 Feet of Lot 1, Block 2, Darlings First Addition be recommended to the City Commission.  Second by Ruth.  On call of the roll Commissioners Fremstad, Ruth, Ulferts Stewart, Brodshaug, Morrau, Nordenstrom, and Paulsen voted aye.  Absent and not voting:  Vigesaa and Wiley.  The motion was declared carried.

Item 14:  (2007-04-14)  Hearing on a Petition requesting a Zoning Change from AG, Agricultural to SR 2, Single-Family on Lot 1, Block 2, BRC Subdivision.  (Located at 6195 64th Avenue South) APPROVED:
(11:17 a.m.) Mr. Williams presented the staff report.  He further stated this land was platted by the County before it was in the City’s Extraterritorial area.  He stated the area was identified in the growth plan to be low density residential.

Commission Brodshaug moved the findings of staff be accepted and approval of the zoning change from AG, Agricultural to SR-2, Single Family on Lot 2, Block 1, BRC Subdivision be recommended to the City Commission.  Second by Ulferts-Stewart.  On call of the roll Commissioners Fremstad, Ruth, Ulferts-Stewart, Brodshaug, Morrau, Nordenstrom, and Paulsen voted aye.  Absent and not voting:  Wiley and Vigesaa.  The motion was declared carried. 

Item 15:  (2007-04-15)  Hearing on a Zoning Change from P/I, Public and Institutional to GO, General Office on the westerly 745.13 feet of Lot 1, Block 1, Sullivan Addition (Located at 5202 25th Street South) APPROVED:
(11:19 a.m.) Mr. Williams presented the staff report. 

Commissioner Fremstad questioned if anyone from the neighborhood has contacted the office with concerns about this project and Mr. Williams replied no.

Lawrence Carcoana, Zerr Berg Architects, stated they are in the early stages of design development.  He stated the design features a bell tower. 

Commissioner Ulferts-Stewart moved the findings of staff be accepted and approval of the zoning change from P/I, Public and Institutional to GO, General Office on the West 745.13 Feet of Lot 1, Block 1, Sullivan Addition be recommended to the City Commission.  Second by Brodshaug.   On call of the roll Commissioners Fremstad, Brodshaug, Morrau, Ruth, Ulferts-Stewart, Nordenstrom, and Paulsen voted aye.  Absent and not voting:  Wiley and Vigesaa.  The motion was declared carried.

Item 16:  (2007-04-16)  Hearing on a Zoning Change from AG, Agricultural to GC, General Commercial on that part of the Southeast Quarter of Section 34, Township 139 North, Range 49 West of the Fifth Principal Meridian, Cass County, North Dakota. (Located at 4005 52nd Avenue South) DENIED:
(11:25 a.m.) Mr. Hinderaker presented the staff report.

Mr. Hinderaker stated staff’s main concern is that the zoning change is not consistent with the growth plan that is in place.  He stated the staff does not believe the zoning change meets the zoning change criteria and are suggesting denial.  

Jonathan Garaas, attorney for Fred and Earlyne Hector, stated his clients are only asking for a zoning change.  He stated in terms of property owned by the Hectors, the long range plan says 55 acres of commercial in that quarter section.  He stated the land was never designed for anything but industrial or commercial growth and should never be set up for residential growth. 

Mr. Garaas stated Hectors were unaware of decisions that have been made and meetings that have been held regarding 52nd Avenue South.

Mr. Garaas stated the staff report indicates a problem with planning in the City of Fargo.  He stated the laws of North Dakota are different than the codes of the City of Fargo.  The City of Fargo gets its power from the State of the North Dakota, not the people.  Mr. Garaas stated the information provided in the staff report is inappropriate.   

Mr. Garaas expressed concern about the notices that have been provided to property owners. 

Mr. Garaas requested the zoning request be approved exactly as requested by the Hectors and they will voluntarily agree to build on only 55 acres. 

Patty Roscoe, Assistant City Attorney, stated this body has acted according to the rules of the LDC for a long time and it is appropriate to do so.  She stated there are minimum standards for notice; it is in their discretion to notify beyond the minimum.  Ms. Roscoe stated the packet prepared gives the existing growth plan and the notice was appropriate.  She stated the issue is to approve the item before the Commission and staff presented criteria to you and their recommendation. 

Mr. Jim Gilmour stated he would like to respond to the comments made about the comprehensive plan and century code.  He stated zoning must be based on a master plan or comprehensive plan, showing where different land uses should be.  Mr. Gilmour stated infrastructure is brought in based on the plan.  He stated with regard to the growth plan, there was recommendation to amend the growth plan.  He stated there are a variety of reasons why they have land use laws.  Mr. Gilmour stated the reason for the plan is to create a good community.  

Mr. Gilmour stated the recommendation on this request is to determine whether this is consistent with the growth plan.  He stated the map indicates that it is not.  He stated in contrast to the Scheffler property, the developer came in first and went through the process.  He stated in this case, they have tried to skip a step, and increase to a larger commercial area.  Mr. Gilmour stated before this can go forward; perhaps they need to submit a growth plan amendment.  He stated the Hectors chose not to do that.  He stated it is important that they give notice to the adjoining property owners.  He stated they also put a notice in the newspaper to notify the entire City. 

Mr. Gilmour stated as far as the 52nd Avenue project being a secret, there have been all sorts of meetings, and to suggest it was kept a secret from the Hectors is absurd. 

Chair Paulsen questioned what Mr. Gilmour’s concerns are with regard to Mr. Garass’s comments about the Microsoft and Scheffler properties.

Mr. Gilmour replied they have been consistent with the larger commercial sites on all three corners.  He urged the Planning Commission to recommend denial to the City Commission.

Mr. Garaas stated there are some inaccuracies stated by Jim Gilmour.  He stated they already had a done deal with Menards, and the land value was fixed.  He stated Menards backed out only because of the staff and Planning Commission.  He stated in terms of the master plan, the century code mandates where the streets and open spaces will be and all public utilities.  He stated a Master Plan must be published and if the landowner doesn’t like something on their property, they can petition to have it taken off and the City has to pay for it. 

Mr. Garaas stated they were unaware that 38th Street was shifting, that was kept from them. 

Commissioner Ulferts-Stewart moved the findings of staff be accepted and denial of the zoning change request be recommended to the City Commission on the basis that the zone change request does not satisfy Section 20-0906F.1, Section 20-0906F.3 and 20-0906F.4 of the Land Development Code.    Second by Brodshaug. 

Commissioner Nordenstrom stated he feels uncomfortable pulling this one section out of the whole piece of property.  He stated whatever is done on this piece of land affects what goes on around it.  He stated he would like to see a process where the growth plan is amended and worked out by the Hectors.

On call of the roll Morrau, Brodshaug, Ulferts-Stewart, Ruth, Fremstad, Nordenstrom, and Paulsen voted aye.  Absent and not voting:  Vigesaa and Wiley.  The motion was declared carried.

Item 17:  Brown Bag Luncheon - Wednesday, April 25th, 2007
The Planning Commission will attend a video conference on April 25th, rather than having a brown bag luncheon.

Meeting adjourned at 12:32 p.m.