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February 14, 2007

Fargo Planning Commission Regular Meeting

City Commission Chambers, City Hall

Broadcast Live on Fargo Access Channel 12

Rebroadcast the 3rd Tuesday of the Month at 7:30 p.m.  

Agenda

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

A:        Approve Order of Agenda

B:        Minutes:  Regular Meeting of January 10, 2007

C:        Text Amendments – Jim Hinderaker

D:        12th Avenue North Corridor Study Presentation by Rick Lane of SRF - Tentative  

Public Hearings 9:00 - 9:45 a.m. Items 1 through 2

1.         (2006-12-06a) Continued Hearing on a Petition requesting a plat of Sunrise Addition (major subdivision) An Unplatted Portion of the Southeast Quarter, Section 30, Township 140 North, Range 48 West (Located at 2525 North Broadway) (Lynn Fundingsland, Fargo Housing Authority) jh

            (2006-12-06b) Continued Hearing on a Petition requesting a zoning change from SR-2, Single Dwelling to MR-3, Multiple Dwelling on the east 429.84 feet of Lot 1, Block 1 of the proposed Sunrise Addition (thus rezoning the entirety of Lot 1 to MR-3) 

2.         (2007-01-04) Continued Hearing on a Petition requesting a plat of University Motors Addition (minor subdivision) Part of the East Half of Section 27, T139N, R49W, City of Fargo .  (Located 3479 38th St SW ) (Dell Arneson) mw

Other Items

February Brown Bag Luncheon – February 28, 2007

 

Fargo Planning Commission

Regular Meeting

Wednesday, February 14, 2007

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

Absent:         Kristi Fremstad, Terry Nordenstrom

Chair Paulsen called the meeting to order.

Item A:  Approve Order of Agenda

Commissioner Morrau moved to approve the Order of Agenda as presented.  Second by Brodshaug.  All members present voted aye and the motion was declared carried.

Item B:  Minutes:  Regular Meeting of January 10, 2007

Commissioner Ruth moved to approve the minutes of the January 10, 2007 Planning Commission meeting.  Second by Vigesaa.  All members present voted aye and the motion was declared carried.

Item C:  Text Amendment Presentation by Jim Hinderaker

Jim Hinderaker reviewed a minor subdivision Text Amendment presentation with the Commissioners and stated the item will be brought back to the March 14, 2007 Planning Commission meeting.

Item D:  12th Avenue North Corridor Study Presentation by Rick Lane of SRF

Rick Lane of SRF presented a 12th Avenue North Corridor Study to the Commissioners.

Commissioner Wiley moved the Planning Commission strongly endorse the proposal as presented and approval be recommended to the City Commission to secure funds to make all of the enhancements outlined in the report.  Second by Brodshaug.  All members present voted aye and the motion was declared carried.

Item #1:  (2006-12-06a) Continued Hearing on a Petition requesting a plat of Sunrise Addition (major subdivision) An Unplatted Portion of the Southeast Quarter, Section 30, Township 140 North, Range 48 West (Located at 2525 North Broadway) (Lynn Fundingsland, Fargo Housing Authority)  APPROVED:

 

                 (2006-12-06b) Continued Hearing on a Petition requesting a zoning change from SR-2, Single Dwelling to MR-3, Multiple Dwelling on the east 429.84 feet of Lot 1, Block 1 of the proposed Sunrise Addition (thus rezoning the entirety of Lot 1 to MR-3)  APPROVED AS AMENDED:

( 9:05 a.m. ) Chair Paulsen stated all members of the Planning Commission received and considered correspondence both for and against the project.  He pointed out that the park would be six acres in size after the development, which meets or exceeds most neighborhood parks.

Hinderaker reviewed the plat and rezoning petition.  He stated it appears that 41 of 55 property owners, or 75 percent, have signed the petitions of protest which were submitted at the January 10, 2007 Planning Commission meeting.  Hinderaker addressed the three main concerns brought forth by the Planning Commission at that meeting.  First, he stated review of the Fargo Housing and Redevelopment Authority (FHRA) minutes, related correspondence and the 1971 Forum article concluded that the FHRA does not have a legal obligation to the Park District in regard to the use of the land.  Second, in response to the use of other suggested alternative locations or a land swap with the Park District, Hinderaker explained that there is no alternate site that would match the amenities of the proposed site such as a pharmacy, clinic, bank, grocery store, and park.  Third, he stated the Park District and the FHRA have both agreed to work together to maximize the layout, relocate playground equipment, create a playground for smaller children and minimize the effect of the project on the neighborhood.

In answer to a question from Chair Paulsen, City Attorney Erik Johnson stated that no adverse possession will occur on this property and that the FHRA still has the authority to use the land for housing even though it has been used as a park until now.

Planning and Development Director Jim Gilmour noted that citizens were concerned with runoff from this site.  He stated the developer will need to submit plans to the City that are in compliance with City regulations.

Lynn Fundingsland, FHRA Executive Director, stated the FHRA is an entity that addresses housing needs for Fargo , independent of city government.  He reviewed the history of public housing and the programs available through FHRA.  Fundingsland explained that today’s housing need is for senior housing and the private sector has a hard time providing this type of housing to people at the low to medium level of income.  He reiterated that the land has been used as park land, but the intention was always to preserve it for future housing use.  Fundingsland stated when the FHRA acquired the land from the federal government a 40 year deed restriction was in place which restricted its use to housing.  Fundingsland stated the FHRA is willing to change the project and work with the community in order to make it the least obtrusive option.  He further explained that the FHRA will do anything they can to mitigate the impact on the neighborhood such as not allowing a thoroughfare for traffic.  In addition, he explained that this low income housing project will not adversely affect resale value or property values.  Fundingsland reiterated the reasons for using this particular tract of land for the project and restated that this building will be utilized for senior living.

In answer to a question from Commissioner Brodshaug, Fundingsland stated that the senior housing project’s current IRS classification stipulates that the property must be used for senior housing for a minimum of 30 years, but that he would be reluctant to limit the future use of the property after that.

There was discussion regarding the layout of the development.

There was discussion regarding whether MR-3 was the appropriate zoning to place upon the area in order to limit the development of it.

Brian Arett, Executive Director of the Fargo Senior Commission, stated his support for the project as proposed and explained that the Senior Meals program will be available at this complex at no additional staffing cost to his agency.

Karen Moore stated her support for the project as proposed.

Shirley Johnson, 2525 Broadway, explained her support for the project by stating the park is underutilized and the current size provides an opportunity for vandalism to take place.

Virginia Hanson, 2525 Broadway, stated her support of the project.

Maureen Splettstaszer, 309 25th Avenue North, stated she is not against elderly housing, but is against the loss of green space and is concerned about the safety of children.  She stated her biggest concern is that she and others will have to fight this same battle in 30 years.

Mike Dirk, 305 25th Avenue North, said FriendshipPark is the cornerstone of this neighborhood.  He stated his concern regarding flooding.

Roger Finch, 2602 3rd Street North, explained his opposition to the proposal.  He stated his concern that the project may not remain a senior living center as well as his concern for the safety of the children and the welfare of the community.

Deb Nordby, 321 25th Avenue North, presented the Commission with additional petitions from the citizens of north Fargo.  She said six acres is not a large park when multiple events are simultaneously taking place and she would like to see the park maintained as it is and the senior housing project located elsewhere.

Ken Brezina, 2605 2nd Street North, questioned the ability of the current sewer and water systems to handle the addition.

City Engineer Mark Bittner said that although he hasn’t seen a formal site plan, there are facilities in place that would provide the necessary services. 

Jim Miller, 2811 Edgewood Drive, stated he feels the park should be left at its current dimensions and suggested the Fargo Park District and FHRA trade land.

The public portion of the meeting was closed and discussion ensued.

In answer to a question from Commissioner Brodshaug, Director of Fargo Parks Dave Leker stated the Park District is willing to work with the layout of the park, including the playground equipment, and would look at relocating the recreational trail to the south end. 

Ronald Sorvaug, Park District Board member, stated that the Park Board will try to do the best they can to work on a long term agreement with the FHRA.

In answer to a question from Commissioner Wiley, Joel Davy, project architect of JLG Architects, stated there is a tremendous amount of area available for a retention area to address the drainage and storm water collection concerns.

There was discussion regarding changing the rezoning to MR-1 versus MR-3.

Gilmour stated the project could be built as planned on MR-1 zoning and the maximum number of units would be limited to approximately 50.

Commissioner Wiley clarified that MR-1 zoning would limit the amount of development that could take place in the future.  She said that the Park District is willing to relocate some of the small trees and improve upon the playground.

Commissioner Vigesaa moved the findings of staff with the exception of the recommended zoning be accepted and approval of the major subdivision and zoning change from SR-2, Single Dwelling to MR-1, Multi-Dwelling on Lot 1, Block 1 of Sunrise Addition be recommended to the City Commission.  Second by Morrau.  On call of the roll Commissioners Vigesaa, Brodshaug, Morrau, Ruth, Ulferts-Stewart, Wiley and Paulsen voted aye.  Absent and not voting:  Fremstad, Nordenstrom.  The motion was declared carried.

Chair Paulsen stated the Planning Commission decision may be appealed to the City Commission on February 26th, 2007.

Item #2: (2007-01-04) Continued Hearing on a Petition requesting a plat of University Motors Addition (minor subdivision) Part of the East Half of Section 27, T139N, R49W, City of Fargo.  (Located 3525 38th St SW ) (Dell Arneson) APPROVED:

( 11:28 a.m. ) Williams presented the staff report for the proposed plat.

Commissioner Brodshaug moved the findings of staff be accepted and minor plat of University Motors Addition be approved.  Second by Morrau.  On call of the roll Commissioners Vigesaa, Morrau, Brodshaug, Ulferts-Stewart, Ruth, Wiley and Paulsen voted aye.  Absent and not voting:  Fremstad, Nordenstrom.  The motion was declared carried.

The time at adjournment was 11:30 o’clock a.m.

Other Items

February Brown Bag Luncheon – February 28, 2007

Topic:  Smart Growth presentation, Downtown Framework Plan Update