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Wednesday, April 9, 2008 at 8:00 a.m.

Fargo Planning Commission Regular Meeting
City Commission Chambers, City Hall
Agenda

8:00 a.m. to 8:45 a.m.  Items A through D
A:  Approve Order of Agenda
B:  Minutes:  Regular Meeting of March 12, 2008, 2008
C.  Cluster Development Proposal – Prairie Grove
D.  52nd Avenue Landscape Improvements Update

Public Hearings 9:00 a.m. to 9:45 a.m. Items 1 through 5
1.      Continued Hearing on a Petition requesting a Zoning Change from SR-3, Single Dwelling to LC, Limited Commercial for property at 1330 13 1/2 Street South; and from SR-3, Single-Dwelling, MR-2, Multi-Dwelling, and LC, Limited Commercial to LC, Limited Commercial for property located at 1315 University Drive South. (HCR-ManorCare) (mw)

Continued Hearing on a Petition requesting a Conditional Use Permit to allow for a Parking Reduction and to allow for residential uses within a LC, Limited Commercial zoned district on Lots 3 through 9, Less the east 10 feet of the right-of-way, and Lots 17 throught 24, Block 1, Morton & Dotys Addition.

2.      Continued Hearing on a Petition requesting a Vacation Plat to vacate 8th Street lying between 2nd and 3rd Avenue North and the Alley in Block 9, Robert's Addition.  (Located south of 3rd Avenue North, north of 2nd Avenue North, east of 10th Street North, and west of 7th Street North) (NDSU Development Foundation) (nc)

3.      Continued Hearing on a Petition requesting a Plat of Dakota Boys & Girls Ranch Subdivision (Major Subdivision), an Unplatted Portion of the east half of the northwest quarter, Section 13, Township 138 North, Range 49 West.  (Located at 2038 76th Avenue South) (Philip Stahl) (jh)

Continued Hearing on a Petition requesting a Zoning Change from AG, Agricultural to MR-3, Multi-Dwelling on Lots 1 & 2, Block 1, and Lot 1, Block 2; and from AG, Agricultural to SR-4, Single-Dwelling on Lots 2 and 3, Block 2 of the proposed Dakota Boys & Girls Ranch Subdivision.

4.      Hearing on a Petition requesting a Plat of Robert's Third Addition (Minor Subdivision), a Replat of Lots 7, 8, 9, 10, and 11, Block 35 of Robert's Second Addition.  (Located at 414 11th Street North) (Fargo Housing and Redevelopment Authority) (nc)  WITHDRAWN

5.      Hearing on a Petition requesting a Zoning Change from AG, Agricultural to GC, General Commercial for property located at 4218 19th Avenue North.  (Eastland Investments) (mw)

Hearing on a Petition requesting a Conditional Use Permit to allow for Industrial Services within a General Commercial zoning district for property located at 4218 19th Avenue North. (Eastland Investments) (mw)

Public Hearings 10:00 a.m. to 10:45 a.m. Items 6 through 10
6.      Hearing on a Petition requesting a Plat of L, L & L Addition (Minor Subdivision) a Replat of Lots 4 and 5, Block 2, Austin's Subdivision.  (Located at 5605 52nd Avenue South and 5621 53rd Avenue South) (Lee Dysband) (jh)

7.      Hearing on a Petition requesting a Plat of Amber Valley West First Addition (major subdivision), a portion of the northwest quarter, Section 21, Township 139 North, Range 49 West. (Located at 2301 57th Street South) (Steve Iverson) (jh)

Hearing on a Petition requesting a Zoning Change from AG, Agricultural to GC, General Commercial on Lot 1, Block 1 and from AG, Agricultural to GO, General Office on Lot 1, Block 2 and Lot 1, Block 3 of the proposed Amber Valley West First Addition.

8.      Hearing on a Petition requesting a Plat of AES Livestock Management Addition, (Major Subdivision) a Plat of part of the northeast quarter of Section 34, Township 140 North, Range 49 West.  (Located at 3816 - 3900 19th Avenue North) (NDSU) (mw)

9.      Hearing on a Petition requesting a Plat of Bethany South Addition (Minor Subdivision), a Replat of Lot 1, Block 1 of Bethany South First Addition.  (Located at 42nd Street and 30th Avenue South)  (Bethany Homes, Inc.) (mw)

10.      Hearing on a Petition requesting a Plat of Osgood Kindergarten School and Park Addition (Minor Subdivision), a Replat of all of Lot 12, 13, and part of Lot 14, Block 8, Osgood Farms First Addition.  (Located at the southeast corner of 57th Street South and 44th Avenue South) (West Fargo School and Fargo Park District) (nc)

Public Hearings 11:00 a.m. to 11:45 a.m. Items 11 through 15
11.      Hearing on a Petition requesting a Conditional Use Permit to allow for a Parking Reduction and to allow for residential uses within LC, Limited Commercial zoning districts for Lots 16, 17, and 18, Block 14, and part of vacated alley of Kirkham's 2nd Addition.  (Located at 1430, 1434, and 1436 12th Avenue North) (FM City Development) (nc)

Review of Renewal Plan for proposed redevelopment of 1430, 1434, and 1436 12th Avenue North. Recommendation on if Renewal Plan is consistent with other City plans.

12.      Hearing on a Petition requesting a Plat of Westgate Commons First Addition (Major Subdivision), part of the north half of Section 28, Township 139 North, Range 49 West.  (Located at 4802, 4902, and 5402 32nd Avenue South) (Steve Iverson) (jh)

Hearing on a Petition requesting a Zoning Change from GC, General Commercial and MR-3, Multi-Dwelling to SR-2, Single-Dwelling on portions of the proposed Westgate Commons First Addition.  (Located at 5402 32nd Avenue South) (Steve Iverson) (jh)

13.      Hearing on a Petition requesting a Zoning Change from AG, Agricultural to GC, General Commercial on the north half of the northeast quarter and the southeast quarter of the northeast quarter of Section 4, Township 138 North, Range 49 West.  (Located at 5501 45th Street South) (Fred M Hector and Earlyne L Hector) (jh)

14.      Hearing on a Petition requesting a Zoning Change from AG, Agricultural to GC, General Commercial on a portion of Section 11, Township 138 North, Range 49 West.  (Located at 3340 64th Avenue South) (Fred M. Hector and Earlyne L. Hector) (jh)

15.      Hearing on a Petition requesting a Zoning Change from AG, Agricultural to LC, Limited Commerical on a portion of the Southwest Quarter of Section 18, Township 138 North, Range 48 West.  (Located at 8452 South University Drive) (Randy Schneider) (jh)


Other Items
April Brown Bag Luncheon – Wednesday, April 23, 2008.
Topic:  Details of proposed University Mixed-Use Zoning District

Board of Planning Commissioners

Minutes

Regular Meeting:                         Wednesday:                         April 9, 2008:

The Regular Meeting of the Board of Planning Commissioners of the City of Fargo, North Dakota, was held in the City Commission Room at City Hall at 8:00 o'clock a.m. , Wednesday, April 9, 2008 .

The Planning Commissioners present or absent were as shown following:

Present:        John Paulsen, Mark Brodshaug, Kristi Fremstad, Peggy Palmes, Rich Slagle, Jan Ulferts-Stewart, Claire Vigesaa

Absent:         Jeff Morrau, Kelly Ruth, Catherine Wiley

Chair Paulsen called the meeting to order.

Item A:  Approve Order of Agenda

Chair Paulsen noted Item Nos. 2, 12, and 13 will be continued to the May 14, 2008 Planning Commission meeting with discussion only to be held on Item No. 12 today.  He announced the proposed University Mixed-Use Zoning District as the April 23, 2008 Brown Bag meeting topic.  Mr. Slagle moved to approve the Order of Agenda with the noted changes.  Second by Ms. Fremstad.  All Members present voted aye and the motion was declared carried.

Item B:  Minutes:  Regular Meeting of March 12, 2008

Mr. Brodshaug moved to approve the minutes of the March 12, 2008 Planning Commission meeting.  Second by Ms. Ulferts-Stewart.  All Members present voted aye and the motion was declared carried.

Item C:  Cluster Development Proposal – Prairie Grove Presentation by Jim Hinderaker

Jim Hinderaker gave a presentation on the Prairie Grove Development and defined a cluster development as a setting where lots and homes are smaller, and are offset by an increase of open space.

Item D:  52nd Avenue Landscape Improvement Update by Nicole Crutchfield

Nicole Crutchfield presented an update of the 52nd Avenue Landscape Improvement Plan.  She stated the project goal is to define a gateway, add beautification to the corridors, slow traffic, break up paving, and enhance the recreational opportunities. 

At 8:47 a.m. , the Board recessed until the 9:00 o’clock a.m. scheduled Hearings.

After recess:  All Members present except Morrau, Ruth, and Wiley.  Chair Paulsen presiding.

Item #1:  Continued Hearing on a Petition requesting a Zoning Change from SR-3, Single-Dwelling to LC, Limited Commercial for property at 1330 13 1/2 Street South; and from SR-3, Single-Dwelling, MR-2, Multi-Dwelling, and LC, Limited Commercial to LC, Limited Commercial for property located at 1315 University Drive South. (HCR-ManorCare):  APPROVED

 

Continued Hearing on a Petition requesting a Conditional Use Permit to allow for a Parking Reduction and to allow for residential uses within an LC, Limited Commercial zoned district on Lots 3 through 9, Less the east 10 feet of right-of-way, and Lots 17 through 24, Block 1, Morton & Doty’s Addition:  APPROVED

( 9:00 a.m. ) A Hearing had been set for March 12, 2008 on petitions requesting a zoning change for property at 1330 13 1/2 Street South and 1315 University Drive South, and a Conditional Use Permit to allow for a Parking Reduction on portions of Block 1, Morton & Doty’s Addition.

At the March 12, 2008 meeting, the Hearing was continued to this date and hour.

Mark Williams outlined the staff report and stated the applicant’s representative is present this morning.  He stated staff is recommending approval of the rezone and Conditional Use Permit. 

Tami Norgard of Vogel Law Firm, representing HCR-Manor Care, stated that while this facility is a nursing home that provides services to an elderly population, a significant portion of the facility’s clients are there for rehabilitation services while transitioning from a hospital to their home.  She stated the application to change the zoning designations will streamline the zoning on the two parcels, the parking reduction request will reduce parking to 88 spaces, and the expansion of the facility will reduce the number of access points for traffic onto South University Drive from three to two.

Mr. Brodshaug moved the findings of staff be accepted and approval be recommended to the City Commission of the proposed zoning change, as outlined within the staff report, on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the Land Development Code and moved the proposed Conditional Use Permit for an Alternative Access Plan for a Parking Reduction and the proposed Conditional Use Permit for residential use within the Limited Commercial zoning district be approved as they comply with Section 20-0909.D (1-6) of the Land Development Code.  Second by Ms. Ulferts-Stewart.  On call of the roll Members Fremstad, Vigesaa, Ulferts-Stewart, Brodshaug, Slagle, Palmes, and Paulsen voted aye.  Absent and not voting:  Members Morrau, Ruth, and Wiley.  The motion was declared carried.

Item #2:  Continued Hearing on a Petition requesting a Vacation Plat to vacate 8th Street lying between 2nd and 3rd Avenues North and the Alley in Block 9, Robert's Addition.  (Located south of 3rd Avenue North, north of 2nd Avenue North, east of 10th Street North, and west of 7th Street North) (NDSU Development Foundation):  CONTINUED TO MAY 14, 2008

A Hearing had been set for March 12, 2008 on a petition requesting a vacation plat to vacate 8th Street lying between 2nd and 3rd Avenues North and the alley in Block 9, Robert’s Addition.

At the March 12, 2008 meeting, the Hearing was continued to this date and hour; however the Petitioner has requested that the Hearing be continued to May 14, 2008.

(Mr. Brodshaug absent.)

Item #3:  Continued Hearing on a Petition requesting a Plat of Dakota Boys & Girls Ranch Subdivision (Major Subdivision), an Unplatted Portion of the east half of the northwest quarter, Section 13, Township 138 North, Range 49 West.  (Located at 2038 76th Avenue South) (Philip Stahl):  APPROVED

 

Continued Hearing on a Petition requesting a Zoning Change from AG, Agricultural to MR-3, Multi-Dwelling on Lots 1 & 2, Block 1, and Lot 1, Block 2; and from AG, Agricultural to SR-4, Single-Dwelling on Lots 2 and 3, Block 2 of the proposed Dakota Boys & Girls Ranch Subdivision:  APPROVED

( 9:11 a.m. ) A Hearing had been set for March 12, 2008 on a petition requesting a plat of Dakota Boys & Girls Ranch Subdivision and zoning change of the proposed subdivision.

At the March 12, 2008 meeting, the Hearing was continued to this date and hour.

Jim Hinderaker summarized the staff report for the proposed plat of Dakota Boys & Girls Ranch Subdivision and zoning change from AG, Agricultural to MR-3, Multi-Dwelling.  He stated the property is located on the south side of 76th Avenue South , beginning approximately a 1/4 mile east of 25th Street South .  He stated protest petitions were submitted this morning in addition to the ones previously received.  Mr. Hinderaker reviewed the subdivision and zoning approval criteria and stated because the proposal fits the land use zoning classification and is an appropriate land use as established by the 2007 Growth Plan and Land Development Code, staff is recommending approval.   He stated the City Engineer and members of the Public Works Projects Evaluation Committee have reviewed this proposal and no deficiencies to provide the necessary public services, facilities, and programs to this development have been identified.

In response to a question by Ms. Ulferts-Stewart, Mr. Hinderaker stated, under the current system, new structures need to be elevated out of the floodplain regardless of who builds on the property.  He explained that, in the opinion of Engineering, the amount of water being displaced by an elevated structure is nominal and would not affect others.

In answer to a question by Mr. Slagle, Jim Hinderaker stated staff determined the Dakota Boys & Girls Ranch facility is best defined and classified as a community service use, not a detention center.  He explained the clients served are not the type of kids that are an imminent risk to neighbors, and it will not be a lock down facility.

Tim Eissinger, representative of Dakota Boys & Girls Ranch, stated there was an excellent turnout at the informational neighborhood meeting held at Bennett Elementary School on Tuesday, April 1, 2008 .  He reviewed the proposed plan and facilities and stated the land was purchased 2-3 years ago.  He explained the facility is designed to keep kids safe and those needing long-term care or lock up will not be served by this facility.  Mr. Eissinger spoke of their facility in Minot and stated when integrated within a residential area, they are seen as good neighbors and property values have not been affected.  He stated the facility will be a staff secured environment where kids are within sight at all times and their time will be structured.  He explained that the kids need to stay integrated in the City to feel connected and to apply the skill sets they have learned to the community.

Dr. Jim Carlson, 1649 Round Hill Drive , stated that while he appreciates the Dakota Boys & Girls Ranch, having this type of facility in his neighborhood with some type of lock-up makes him feel uncomfortable.  He stated concerns regarding elevated building and its affects on flooding as well as the possibility of expansion. 

Dale Ziegler, 1630 Round Hill Drive , stated his primary concern is the flood plan.  He said he disagrees with statements made regarding elevation not affecting other properties. 

Rob Hansen, 8308 Riverview Road , stated his opposition to the proposal.  He said he has concerns regarding the design of the neighborhood and surrounding area and questioned why this cannot be placed in an area where people without concerns about it can build around the facility.

Amanda Thomas of Stahl Architects, representing the applicant, stated the success of Dakota Boys & Girls Ranch comes from it being located within a residential area.  She said with regard to the septic system, a holding tank will be used in the interim, with the plan to connect to Fargo ’s system as soon as possible.

Paula Ekman, 1615 Round Hill Drive , stated her concerns regarding the proposal.  She said it makes sense to choose a flood plan prior to development in the area.

Terry Stein, Round Hill resident, asked the Board to consider the flood plan, which is not yet complete, as well as fire and police services.

At 10:00 a.m. the Board took a five-minute recess.

After recess:  All Members present except Brodshaug, Morrau, Ruth, and Wiley.  Chair Paulsen presiding.

Ms. Palmes stated she hears conflicting comments from residents such as their desire to locate the facility further south while bringing up concerns regarding service hook-ups.  She stated she is undecided at this time.

Ms. Ulferts-Stewart stated she concurs with everyone in this room that the Dakota Boys & Girls Ranch is an outstanding organization.  She stated the Board has clear boundaries which are being met.

Ms. Ulferts-Stewart moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the Dakota Boys & Girls Ranch Subdivision plat and zone change, as outlined within the staff repost, as the proposal complies with the adopted Area Plan, the Standards of Article 20-06, Section 20-0906.F (1-4), and all other applicable requirements of the Land Development Code. 

Chair Paulsen relinquished the Chair to second the motion.  (Member Slagle presiding.)

In response to a question by Ms. Palmes, Mr. Eissinger explained the only potential expansion would be to build office space to provide more community-based services.  He stated their initial plan includes a 16 bed treatment facility with an additional 12 bed safe home component to be added as part of a 10 year plan.

Mr. Vigesaa explained that, while he believes this is a workable site, he would like to see how it will transition between the residential area and the proposed facility.

Ms. Fremstad stated she is concerned with flood control and would like to wait until more information is available on where the flood protection will lie.

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

Member Slagle returned the chair.  (Chair Paulsen presiding.)

Item #4:  Hearing on a Petition requesting a Plat of Robert's Third Addition (Minor Subdivision), a Replat of Lots 7, 8, 9, 10, and 11, Block 35 of Robert's Second Addition.  (Located at 414 11th Street North) (Fargo Housing and Redevelopment Authority):    WITHDRAWN

This was the time and date set for a Hearing on a petition requesting a plat of Robert’s Third Addition; however, the petition has been withdrawn by the petitioner.

Item #5:  Hearing on a Petition requesting a Zoning Change from AG, Agricultural to GC, General Commercial for property located at 4218 19th Avenue North.  (Eastland Investments):  APPROVED

 

Hearing on a Petition requesting a Conditional Use Permit to allow for Industrial Services within a General Commercial zoning district for property located at 4218 19th Avenue North . (Eastland Investments):  APPROVED

( 10:33 a.m. ) Mr. Williams presented the staff report for the proposed zoning change and conditional use permit.  He stated there is concern from the neighborhood about the lack of drainage on this parcel which the developer is aware of and is working to resolve prior to development.  He said staff is recommending approval.

Applicants James Alsop and Jon Hager confirmed that elevation changes will need to be made to address concerns regarding drainage.

Greg Wettstein, 4206 19 Avenue North, stated his opposition to the petitions and said although he is not against development; he is worried about the size of the development and its proximity to the residential area.  He also cited concerns about special assessments.

Mr. Vigesaa moved the findings of staff be accepted and approval be recommended to the City Commission of the proposed zoning change from AG, Agricultural to GC, General Commercial on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4), and all other applicable requirements of the Land Development Code and moved the proposed Conditional Use Permit for industrial use within a GC, General Commercial zoning district be approved as it complies with Section 20-0909.D (1-6) of the Land Development Code.  Second by Ms. Palmes.  On call of the roll Members Ulferts-Stewart, Fremstad, Slagle, Vigesaa, Palmes, and Paulsen voted aye.  Absent and not voting:  Members Brodshaug, Morrau, Ruth, and Wiley.  The motion was declared carried.

Item #6:  Hearing on a Petition requesting a Plat of L, L & L Addition (Minor Subdivision) a Replat of Lots 4 and 5, Block 2, Austin's Subdivision.  (Located at 5605 52nd Avenue South and 5621 53rd Avenue South) (Lee Dysband):  APPROVED

Mr. Williams reviewed the staff report for the proposed plat of L, L & L Addition and stated it meets all conditions as outlined.

The Petitioner declined commenting on the application.

Ms. Ulferts-Stewart moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed L, L, & L Addition on the basis that it complies with the adopted Area Plan, Standards of Article 20-06 and all other applicable requirements of the Land Development Code.  Second by Mr. Slagle.  On call of the roll Members Fremstad, Vigesaa, Ulferts-Stewart, Slagle, Palmes, and Paulsen voted aye.  Absent and not voting:  Members Brodshaug, Morrau, Ruth, and Wiley.  The motion was declared carried.

Item #7:  Hearing on a Petition requesting a Plat of AmberValley West First Addition (major subdivision), a portion of the northwest quarter of Section 21, Township 139 North, Range 49 West. (Located at 2301 57th Street South) (Steve Iverson):  CONTINUED TO MAY 14, 2008

 

Hearing on a Petition requesting a Zoning Change from AG, Agricultural to GC, General Commercial on Lot 1, Block 1 and from AG, Agricultural to GO, General Office on Lot 1, Block 2 and Lot 1, Block 3 of the proposed Amber Valley West First Addition:  CONTINUED TO MAY 14, 2008

This was the time and date set for a Hearing on petitions requesting a plat of Amber Valley West First Addition and a zoning change for property located on Lot 1, Block 1, Lot 1, Block 2, and Lot 1, Block 3 of the proposed Amber Valley West First Addition; however, the Petitioner has requested that the Hearing be continued to May 14, 2008.

Item #8:  Hearing on a Petition requesting a Plat of AES Livestock Management Addition, (Major Subdivision) a Plat of part of the northeast quarter of Section 34, Township 140 North, Range 49 West.  (Located at 3816 - 3900 19th Avenue North) (NDSU):  APPROVED

Mr. Williams summarized the staff report for the proposed plat of AES Livestock Management Addition.  He said there will be access restrictions placed which allow access on the west side of the property and where the quarter section line bisects the property.  He stated the proposed plat meets the requirements of the Land Development Code and therefore staff is recommending approval.

David Buchanan, NDSU Animal Sciences Department Head, stated they are unable to obtain a building permit because the land is unplatted.  He said they plan to build a replacement facility because of the condition of the existing facility and new technology.

Mr. Vigesaa moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed AES Livestock Management Addition on the basis that it complies with the adopted Area Plan, Standards of Article 20-06 and all other applicable requirements of the Land Development Code.  Second by Mr. Slagle.  On call of the roll Members Ulferts-Stewart, Slagle, Vigesaa, Fremstad, Palmes, and Paulsen voted aye.  Absent and not voting:  Members Brodshaug, Morrau, Ruth, and Wiley.  The motion was declared carried.

Item #9:  Hearing on a Petition requesting a Plat of Bethany South Addition (Minor Subdivision), a Replat of Lot 1, Block 1 of Bethany South First Addition.  (Located at 42nd Street and 30th Avenue South)  (Bethany Homes, Inc.):  APPROVED

Mr. Williams presented the staff report of the proposed plat of Bethany South Addition and stated staff is recommending approval.

The Petitioner declined commenting on the application.

Ms. Ulferts-Stewart moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Replat of Bethany South First Addition on the basis that it complies with the adopted Area Plan, Standards of Article 20-06 and all other applicable requirements of the Land Development Code.  Second by Ms. Fremstad.  On call of the roll Members Fremstad, Ulferts-Stewart, Slagle, Vigesaa, Palmes, and Paulsen voted aye.  Absent and not voting:  Members Brodshaug, Morrau, Ruth, and Wiley.  The motion was declared carried.

Item #10:  Hearing on a Petition requesting a Plat of Osgood Kindergarten School and Park Addition (Minor Subdivision), a Replat of all of Lots 12, 13, and part of Lot 14, Block 8, Osgood Farms First Addition.  (Located at the southeast corner of 57th Street and 44th Avenue South) (WestFargoSchool and Fargo Park District):  APPROVED

Ms. Crutchfield reviewed the staff report of the proposed plat of Osgood Kindergarten School and Park Addition and stated staff is recommending approval.

The Petitioner declined commenting on the application.

There was discussion regarding the type of pedestrian crossing to be put in place for the neighborhood to the west.

Mr. Slagle expressed his concern that people crossing 57th Street South are safe.  He stated the school, park, and playground will act as a magnet for kids in the neighborhood.  

City Engineer Mark Bittner stated there are tools that can be used to protect these crossings.  He explained that the type of roadway installed, whether it is a divided or non-divided roadway, will dictate how the pedestrian crossing will be protected. 

Chair Paulsen restated the Board’s concern for safe pedestrian crossings to the school. 

Ms. Palmes moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the Osgood Kindergarten School and Park Addition on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Article 20-06 and all other applicable requirements of the Land Development Code.  Second by Ms. Ulferts-Stewart.  On call of the roll Members Vigesaa, Ulferts-Stewart, Slagle, Fremstad, Palmes, and Paulsen voted aye.  Absent and not voting:  Members Brodshaug, Morrau, Ruth, and Wiley.  The motion was declared carried.

At 10:59 a.m. the Board took a five-minute recess.

After recess:  All Members present except Brodshaug, Morrau, Ruth, and Wiley.  Chair Paulsen presiding.

Chair Paulsen noted Item Nos. 14 and 15 will be heard after Item No. 11, with Item Nos. 12 and 13 being heard at the end of the agenda.

Item #11:  Hearing on a Petition requesting a Conditional Use Permit to allow for a Parking Reduction and to allow for residential uses within LC, Limited Commercial zoning districts for Lots 16, 17, and 18, Block 14, and part of vacated alley of Kirkham's 2nd Addition.  (Located at 1430, 1434, and 1436 12th Avenue North) (FM City Development):  APPROVED

 

Review of Renewal Plan for proposed redevelopment of 1430, 1434, and 1436 12th Avenue North . Recommendation on whether the Renewal Plan is consistent with other City plans:  APPROVED

( 11:06 a.m. ) Ms. Crutchfield stated the developer’s goal is to construct the second phase of a mixed use project that targets college students and employees at NDSU.  She said the two conditions being requested are 1) to allow for residential living, and 2) an alternative access plan for reduced parking.

City Forester Scott Liudahl, stated he appreciates the improvements to the area and asked that the mature trees be considered as part of the plan in order to minimize the impact of construction on them.

Bill Rakowski, adjacent property owner, stated his opposition to the proposal. 

Mr. Bruce Franz, NDSU Facilities Director, stated this is a win-win-win situation between the private sector, the neighborhood, and NDSU.  He said he has heard only positive comments about the project from students.  In response to a comment by Mr. Rakowski, Mr. Franz stated there is a contractual agreement between the applicant and NDSU for parking in the T lot. 

Chair Paulsen stated he feels this project adds to the beautification of the area and fits well with the beauty of the campus and atmosphere.

Mr. Vigesaa moved the findings and recommendations of staff be accepted and the Conditional Use Permit be approved as it meets the approval criteria of Section 20-0909.D (1-6) of the Land Development Code.  Second by Ms. Ulferts-Stewart.  On call of the roll Members Slagle, Vigesaa, Ulferts-Stewart, Fremstad, Palmes, and Paulsen voted aye.  Absent and not voting:  Brodshaug, Morrau, Ruth, and Wiley.  The motion was declared carried.

Ms. Fremstad moved that it be recommended to the City Commission that the Renewal Plan is consistent with plans of the City of Fargo .  Second by Mr. Vigesaa.  On call of the roll Members Vigesaa, Ulferts-Stewart, Fremstad, Slagle, Palmes, and Paulsen voted aye.  Absent and not voting:  Members Brodshaug, Morrau, Ruth, and Wiley.  The motion was declared carried.

Item #14:  Hearing on a Petition requesting a Zoning Change from AG, Agricultural to GC, General Commercial on a portion of Section 11, Township 138 North, Range 49 West.  (Located at 3340 64th Avenue South) (Fred M. Hector and Earlyne L. Hector):  APPROVED

Jim Hinderaker reviewed the petition and stated no comments have been received.  He said staff is supportive that the approval criteria have been met.

The Petitioner declined commenting on the application.

Mr. Vigesaa moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the zoning change from AG, Agricultural to GC, General Commercial, as the proposal complies with the adopted Area Plan, Section 20-0906.F (1-4) and all other applicable requirements of the Land Development Code.  Second by Ms. Ulferts-Stewart.  On call of the roll Members Fremstad, Slagle, Vigesaa, Ulferts-Stewart, Palmes, and Paulsen voted aye.  Absent and not voting:  Members Brodshaug, Morrau, Ruth, and Wiley.  The motion was declared carried.

Item #15:  Hearing on a Petition requesting a Zoning Change from AG, Agricultural to LC, Limited Commerical on a portion of the Southwest Quarter of Section 18, Township 138 North, Range 48 West.  (Located at 8452 South University Drive) (Randy Schneider):  CONTINUED TO MAY 14, 2008

Jim Hinderaker summarized the staff report and noted a protest petition was submitted.  He reviewed the history of the application and stated the petitioner has met with staff in an effort to address all of the concerns raised previously by staff, the Planning Commission and the neighborhood.  He stated the proposed zoning land use matches the Growth Plan and a conditional overlay will be established to ensure that the proposed commercial development is compatible and in keeping with the existing neighborhood by established site specific standards for use, building appearance, signage and landscaping.  Mr. Hinderaker stated the two issues to be considered by the Board are:  1) is this an appropriate land use, and 2) are services such as fire protection, flood protection, water services, and sewer services in place.  He stated staff is recommending approval.

There was discussion regarding the Growth Plan including pockets of commercial use within the primarily residential designations in the area.

Randy Schneider, applicant, stated he took comments and concerns raised by staff and the Planning Commission and retooled the development.  He stated he is doing this by the book.

Dr. Jim Carlson, 1649 Round Hill Drive , stated his opposition to the project citing flood concerns.

Dale Ziegler, 1630 Round Hill Drive , brought forth his concerns.  He stated his apprehension with placing a construction company in the area and said that elevating the land will force water to the north.

Todd Olsen, 944 76th Avenue South, stated his concerns regarding flood protection and drainage. 

Richard Thomas, 404 River Drive South , said he is concerned with the impact of flooding.  He said he would like to see this area developed as a residential area.

LeRoy Kornelius, 1232 76th Avenue South , stated a parcel is zoned commercial to the north of this, and asked if it fulfills the commercial percentage.

Discussion by the Board ensued regarding flood control issues.

Mr. Slagle moved denial be recommended to the City Commission of the revised zoning change and Conditional Overlay on the basis that the proposal does not comply with approval criteria number two; the necessary public services, facilities, and programs are not in place at this time.  Second by Ms. Fremstad.

Mr. Slagle withdrew the motion.  Ms. Fremstad withdrew the second.

Mr. Slagle moved to deny the proposal based upon approval criteria number two, services, on the basis that it does not comply with the Comprehensive Plan.  Second by Ms. Fremstad.

Jonathan Garaas, Stanley Township Attorney, objected to the recommendation to deny.

Mr. Slagle withdrew the motion.  Ms. Fremstad withdrew the second.

Mr. Vigesaa moved the Hearing be continued to May 14, 2008 .  Second by Ms. Ulferts-Stewart.  All the Members present voted aye and the motion was declared carried.

(Ms. Fremstad absent.)

Item #12:  Hearing on a Petition requesting a Plat of Westgate Commons First Addition (Major Subdivision), part of the north half of Section 28, Township 139 North, Range 49 West.  (Located at 4802, 4902, and 5402 32nd Avenue South) (Steve Iverson):  CONTINUED TO MAY 14, 2008

 

Hearing on a Petition requesting a Zoning Change from GC, General Commercial and MR-3, Multi-Dwelling to SR-2, Single-Dwelling on portions of the proposed Westgate Commons First Addition.  (Located at 5402 32nd Avenue South ) (Steve Iverson):  CONTINUED TO MAY 14, 2008

This was the time and date set for a Hearing on petitions requesting a plat of Westgate Commons First Addition and a zoning change for portions of the proposed Westgate Commons First Addition; however, the Petitioner has requested that the Hearing be continued to May 14, 2008 .

Jim Hinderaker presented the proposed overlay conditions, as they compare to the original overlay ordinance.  He stated the major difference is that multi-family is no longer a part of the application.

Item #13:  Hearing on a Petition requesting a Zoning Change from AG, Agricultural to GC, General Commercial on the north half of the northeast quarter and the southeast quarter of the northeast quarter of Section 4, Township 138 North, Range 49 West.  (Located at 5501 45th Street South) (Fred M Hector and Earlyne L Hector):  CONTINUED TO MAY 14, 2008

This was the time and date set for a Hearing on a petition requesting a zoning change for property located on portions of Section 4, Township 138 North, Range 49 West; however, the Petitioner has requested that the Hearing be continued to May 14, 2008 .

The time at adjournment was 12:26 o’clock p.m.

Other Items

April Brown Bag Luncheon – Wednesday, April 23, 2008 .

Topic:  Details of proposed University Mixed-Use Zoning District