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Wednesday, February 13, 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 January 9, 2008

C:  13th Avenue South Corridor Study

D:  Project Updates

Public Hearings 9:00 a.m. to 9:45 a.m. Items 1 through 3  (see update)

*UPDATE*  The Fargo Planning Commission will hold the public hearing section at 9:30 a.m. due to a one-hour presentation on the Southside Flood Control Project that is scheduled to begin at 8:30 a.m.

1.      2008-02-01Hearing on a Petition requesting a Conditional Use Permit to locate a Telecommunications Support Structure (125' monopole tower) for microwave dish and off-air reception antennas within a Downtown Mixed-Use zone district on a portion of Keeney & Devitts 1st Addition.  (Located at 213 5th Street North.)  (Prairie Public Broadcasting, Inc.) (mw)

2.      2008-02-02aHearing on a Petition requesting a Plat of Urban Plains Northeast Retail Addition (Minor Subdivision) a replat of Lots 1 and 2, Block 1 of the Urban Plains by Brandt First Addition.  (Located at 2632 and 2670 47th Street South, and 4650 26th Avenue South). 

2008-02-02b Hearing on a Petition requesting a Conditional Use Permit to allow for shared parking for all proposed lots within Block 1, Urban Plains Northeast Retail Addition. (Blake Nybakken) (nc)

3.      2008-02-05 Hearing on a Petition for a Zoning Change to apply a Historic Overlay District.  This Historic Overlay District would include all Lots within Blocks 1, 2, 3, 4, 5, 6, 7, 8 and the north 120 feet of Lots 1 and 2 of Block 9 Woodruff’s Addition, and Lots D, E, F, G, H of Rupert’s Subdivision.  (Located south of 8 Ave S, east of 5 St S, generally north of 12 Ave S, and east of Red River.) (City of Fargo) (nc)

Other Items

February Brown Bag Luncheon – Wednesday, February 27, 2008 .

Fargo Planning Commission

Regular Meeting

Wednesday, February 13, 2008

Present:          John Paulsen, Jeff Morrau, Rich Slagle , Jan Ulferts-Stewart, Claire Vigesaa , Catherine Wiley

Absent:           Mark Brodshaug, Kristi Fremstad, Terry Nordenstrom, and Kelly Ruth

Chair Paulsen called the meeting to order.

Item A:  Approve Order of Agenda

Chair Paulsen noted a Southside Flood Control Update will be presented the first hour.  Ms. Ulferts-Stewart moved to approve the Order of Agenda adding the Southside Flood Control Update.  Second by Mr. Vigesaa.  All Members present voted aye and the motion was declared carried.

Item B:  Minutes:  Regular Meeting of January 9, 2008

Mr. Vigesaa moved to approve the minutes of the January 9, 2008 Planning Commission meeting.  Second by Ms. Wiley.  All Members present voted aye and the motion was declared carried.

Item C:  13th Avenue South Corridor Study Presentation by Ulteig Engineers

Dain Miller of Ulteig Engineers presented the 13th Avenue South Corridor Study.  He reviewed the study objectives, which include considering short and long-term traffic and safety needs; identifying improvement concepts and potential solutions; and incorporating public input on corridor issues and needs.  Mr. Miller summarized the study conclusions and recommendations stating this study establishes a framework to assist decision-makers in determining the future of the corridor.

Item D:  Southside Flood Control Update by the City of Fargo Engineering Department

City Engineer Mark Bittner presented an overview of the Southside Flood Control plans.

Jeff Volk of Moore Engineering, Inc. reviewed project alternatives under consideration.  He stated flood control will remove areas that are currently in the flood plain, eliminate the need for flood insurance, and protect undeveloped land.

City Administrator Pat Zavoral stated the City has been working on population projections for a number of reasons.  He stated the projections are key in terms of land use and asked the Board to keep in mind and consider land uses including water retention and drainage.  He said the areas where the City has opportunity for growth must be protected from flooding and unsuitable land uses. 

Mr. Bittner stated, as a community, Fargo needs to consider the time frame the flood control plan should be planned for.  He said we need to think smart, plan well, and perform a risk analysis.

At 9:46 a.m. the Board took a five-minute recess.

After recess:  All Commissioners present.  Chair Paulsen presiding.

Item #1:  2008-02-01Hearing on a Petition requesting a Conditional Use Permit to locate a Telecommunications Support Structure (125' monopole tower) for microwave dish and off-air reception antennas within a Downtown Mixed-Use zone district on a portion of Keeney & Devitts 1st Addition.  (Located at 213 5th Street North):  APPROVED

( 9:50 a.m. )  Mark Williams presented the staff report for the proposed Conditional Use Permit and stated staff is recommending approval.

The Petitioner declined commenting on the application.

Ms. Wiley moved the findings of staff be accepted and the proposed Conditional Use Permit be approved to allow a Telecommunication Support Structure monopole of 125 feet in height as it complies with Section 20-0909.D.(1-6) of the Land Development Code.  Second by Ms. Ulferts-Stewart.  On call of the roll Members Vigesaa, Wiley, Ulferts-Stewart, Slagle, Morrau, and Paulsen voted aye.  Absent and not voting:  Brodshaug, Fremstad, Nordenstrom, and Ruth.  The motion was declared carried.

Item #2: 2008-02-02aHearing on a Petition requesting a Plat of Urban Plains Northeast Retail Addition (Minor Subdivision) a replat of Lots 1 and 2, Block 1 of the Urban Plains by Brandt First Addition.  (Located at 2632 and 2670 47th Street South, and 4650 26th Avenue South):  APPROVED

 

2008-02-02b Hearing on a Petition requesting a Conditional Use Permit to allow for shared parking for all proposed lots within Block 1, Urban Plains Northeast Retail Addition:  APPROVED 

( 9:52 a.m. ) Nicole Crutchfield reviewed the staff report for the proposed minor subdivision and stated   staff recommends approval.

Mr. Vigesaa moved the findings and recommendation of staff be accepted and approval be recommended to the City Commission of the Urban Plains Northeast Retail 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. Wiley.  On call of the roll Members Wiley, Slagle, Vigesaa, Ulferts-Stewart, Morrau, and Paulsen voted aye.  Absent and not voting:  Brodshaug, Fremstad, Nordenstrom, and Ruth.  The motion was declared carried.

Ms. Crutchfield reviewed the conditional use permit portion of the staff report.  She pointed out a revision to the report stating the estimated parking calculation indicated retail use at 868 stalls and restaurant use at 1,187 stalls for a total of 2,055 stalls.  However, she stated, the feasibility analysis submitted by Urban Plains indicated retail use or restaurant use analyzing maximum build out with restaurant use being the highest parking demand at 1,187.  She explained that at no time will the legal block support more than 1,187 and at all times the parking requirements and Land Development Code will be met.  Ms. Crutchfield stated with the following three recommended conditions, the review criteria are met: 1) Parking spaces must be located within 600 feet of the primary entrance. 2) A written agreement among all owners of record, on an acceptable City form, must be recorded with the Register of Deeds.  3) This Conditional Use Permit will apply to all existing and future lot configurations of Block 1, Urban Plains Northeast Retail Addition as long as the development calculations are similar to the feasibility analysis presented with the staff report.

In answer to a question by Mr. Slagle, Ms. Crutchfield stated the overlay will apply, which addresses connectivity.

The Petitioner declined commenting on the application.

Mr. Vigesaa moved the findings and recommendation of staff be accepted and the Conditional Use Permit be approved on the basis that it satisfactorily complies with the approval criteria set forth in the Land Development Code with the following conditions:  1) Parking spaces must be located within 600 feet of the primary entrance.   2)  A written agreement among all owners of record, on an acceptable City form, must be recorded with the Register of Deeds. 3) This Conditional Use Permit will apply to all existing and future lot configurations of Block 1, Urban Plains Northeast Retail Addition as long as the development calculations are similar to the feasibility analysis presented with the staff report.  Second by Mr. Morrau.  On call of the roll Members Vigesaa, Morrau, Ulferts-Stewart, Wiley, Slagle, and Paulsen voted aye.  Absent and not voting:  Brodshaug, Fremstad, Nordenstrom, and Ruth.  The motion was declared carried.

Item #3:  2008-02-05 Hearing on a Petition for a Zoning Change to apply a Historic Overlay District.  This Historic Overlay District would include all Lots within Blocks 1, 2, 3, 4, 5, 6, 7, 8 and the north 120 feet of Lots 1 and 2 of Block 9 Woodruff’s Addition, and Lots D, E, F, G, H of Rupert’s Subdivision.  (Located south of 8 Ave S, east of 5 St S, generally north of 12 Ave S, and east of Red River ):  APPROVED

Nicole Crutchfield outlined the staff report and stated the proposed Historic Overlay District is designed to protect the district’s historic form and character by guarding against changes that would result in a loss of character-defining features.  She explained the anticipated result of this action is the continued maintenance of neighborhood property values and a renewed sense of pride in the neighborhood, specifically, in the historic character of the neighborhood.  She stated staff recommends approval of the zoning change with the exclusion of Block 6 and a portion of Block 7 because of recent redevelopment.

In response to a concern raised by Ms. Ulferts-Stewart, Ms. Crutchfield stated the implementation of conditions when applying zoning changes will support continuity and compatibility of the area.

In answer to a question by Mr. Slagle, Dawn Mayo stated the Historic Overlay District boundary follows the boundaries of the Island Park Addition.  She explained the Historic Preservation Commission established that the boundaries be determined addition by addition because they share similar characteristics such as when the houses were constructed.

Mr. Morrau moved the findings of staff be accepted and approval be recommended to the City Commission of the proposed zoning change to add the Historic Overlay District for the Woodruff Addition 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 LDC with the following adjustment: remove 1002, 1016, 1020, 1024, 1102, 1104, 1110 4th St S, and 311 11th Ave S from the overlay district.  Second by Mr. Slagle.  On call of the roll Members Slagle, Vigesaa, Morrau, Ulferts-Stewart, Wiley, and Paulsen voted aye.  Absent and not voting:  Brodshaug, Fremstad, Nordenstrom, and Ruth.  The motion was declared carried.

The time at adjournment was 10:15 o’clock a.m.

Other Items

February Brown Bag Luncheon – February 27, 2008

Topic:  2008 Work Plan