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Wednesday, May 9, 2007 at 8:00 a.m.

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 C
A:      Approve Order of Agenda
B:      Minutes:  Regular Meeting of April 11, 2007
C:      Conditional Use Permit presentation by Jim Hinderaker

Public Hearings 9:00 - 9:45 a.m. Items 1 through 4
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)

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)

3.       (2007-04-05) Continued 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)

4.        (2007-07-10a) Continued 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 Dwelling Residential on Lot 1, Block 3 and Lot 17 and 37, Block 5; SR-3, Single-Dwelling Residential on Lots 1 through 16 and Lots 18 through 29, Block 5 and Lots 1 through 24, Block 6; SR-2, Single-Dwelling Residential 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) Continued 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) (Shorestone Development) (jh)

Public Hearings 10:00 - 10:45 a.m. Items 5 through 14

5.        (2007-04-01) Continued Hearing on a Petition requesting a Plat of The District of Fargo Addition (Major Subdivision) within part of the Northeast Quarter of Section 3, Township 138 North, Range 49 West (Located at 3950 52nd Avenue South) (White Oaks Trust) (jh)

6.      (2007-04-08b)  Continued Hearing on a Petition requesting a Conditional Overlay on Lot  10, Block 3 of South Forty at Osgood Second Addition.  (Located at 5201 52nd Avenue South) (Kevin Christianson) (jh)

7.        (2007-05-01) Hearing on a Petition requesting a Zoning Change from AG, Agricultural to SR-4, Single-Dwelling Residential within part of Section 12, Township 140 North, Range 49 West  (Located at 5819 and 5821 County Road 31 North) (Ward H. Harris) (jh)

8.      (2007-05-02)  Hearing on a Petition  requesting a Zoning Change from LI, Limited Industrial  to  MR-3, Multi-Dwelling Residential on Lots 3 through 5, Block 1 of Kapauns Addition (Located at 1920 and 2002 12th Avenue North) (Dell Arneson) (mw)

9.      (2007-05-03) Hearing on a Petition requesting a Zoning Change from MR-3, Multi-Dwelling Residential to LI, Limited Industrial for Lots 3, 4, and 5, Block 1 of 45th Street Park Third Addition (Located at 4402 2nd Avenue South, 209 43½ Street South, and 4375 4th Avenue South) (Jim Roers) (mw)

10.      (2007-05-04) Hearing on a Petition requesting a Zoning Change from SR-3, Single-Dwelling Residential to LC, Limited Commercial (with a conditional use permit for residential) for Lots 2, 3, and 4, Block 3 of Beardsleys Addition (Located at 1130, 1132, and 1136 North 17th Street) and a Zoning Change from MR-2, Multi-Dwelling Residential to LC, Limited Commercial (with a conditional use permit for residential) for all of Block 8 of William G. Johnson Addition (Located at 1142 North 17th Street) (Jerome D. Feder) (bm) ACCELERATED

11.      (2007-05-05) Hearing on a Petition for a Plat of Nortech Addition (Minor Subdivision) a replat of part of Lots 4 and 6, Block 3 of Westrac Second Addition. (Shannon Enterprises, LLC) (mw)

12.      (2007-05-06) Hearing on a Petition requesting a Zoning Change from LC, Limited Commercial to GC, General Commercial and a Conditional Use Permit to allow for an event center facility on the Urban Plains Center Addition, Blocks 2, 3, and 4. (Located North of 32nd Avenue and West of 51st Street South) (Michael Vannett) (bm) ACCELERATED

13.      (2007-05-07) Hearing on a Petition requesting a Text Amendment (pertaining to Community Services) to amend Section 20-0402, Subparagraph C.4 of Article 20-04 Chapter 20 of the Fargo Municipal Code (Land Development Code) relating to use regulations. (jh)

14.      (2007-05-08) Hearing on a Petition requesting a Text Amendment (pertaining to conditionally permitted uses in the AG, Agricultural zoning district) to amend Section 20-0402, Article 20-04 Chapter 20 of the Fargo Municipal Code (Land Development Code) relating to use regulations.


Other Items
Brown Bag Luncheon – Wednesday, May 23, 2007

 

Fargo Planning Commission
Regular Meeting


Present:      John Paulsen, Mark Brodshaug, Kristi Fremstad, Jeff Morrau, Kelly Ruth, Claire Vigesaa, Catherine Wiley, Rich Slagle

Absent:      Terry Nordenstrom, Jan Ulferts-Stewart

Chair Paulsen called the meeting to order.

Item A: Approve Order of Agenda
(8:00 a.m.) Chair Paulsen noted a brown bag luncheon is scheduled for Wednesday, May 23, 2007. He also stated that Item 3 requesting a Plat of Osgood Townsite City Center Second Addition has been withdrawn by the petitioner.

Commissioner Morrau moved to approve the Order of Agenda with the exclusion of Item 3. Second by Brodshaug. All Commissioners present voted aye and the motion was declared carried.

Item B: Minutes:  Regular Meeting of April 11, 2007
(8:02 a.m.) Commissioner Vigesaa moved to approve the Minutes of the April 11, 2007 Planning Commission meeting. Second by Wiley. All Commissioners present voted aye and the motion was declared carried.

Item C: Presentation: Conditional Use Permit Application by Jim Hinderaker     
(8:05 a.m.) Jim Hinderaker, Senior Planner, presented information regarding Conditional Use Permits. He stated it is important to protect the corridors; use zoning that will fit the requested use of the properties, and work with the service providers if using Conditional Use Permits. The Conditional Use Permits allow property owners to use the land in more ways as long as the service providers can support these uses.

Commissioner Brodshaug questioned if we approve Conditional Use Permits for businesses in the extra territorial areas, who will service roads. Mr. Gilmour responded by stating the township would be responsible for servicing the roads.

(8:43 a.m.) The Commission paused for a recess.

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) APPROVED:
(9:00 a.m.) Jim Hinderaker presented information on the proposed growth plan update. The purpose is to identify land uses that are appropriate throughout the growth areas, provide guidance to property owners, developers, and future residents and businesses, plan for future arterials, collector streets, bike & pedestrian connections, open space, utilities, and to establish guidelines for development.

The update focuses on a two tier system wherein developments are anticipated to occur within the 1st tier over the next 20 years and full build out of the 2nd tier over the next 50 years, to build neighborhoods by placing parks or schools at the center; connect the city through sidewalks and trail systems, and collector streets that meander with roundabouts at their intersections; create a sustainable and safe community with diverse uses and types by mixed land use, adding a variety of housing types, and creating flood protection; and by building a beautiful city/public realm utilizing design standards in key areas and orienting homes and businesses attractively.

The growth plan update is based on a 50 year plan to extend the extra territorial areas from Harwood to Horace. Open house meetings on the proposed updates were held April 26, 27, and 28th dealing with these boundaries.  The proposed area is looking for more commercial land use, a shift in multi-dwelling residential, and additional open space along the interstate corridor.

The open houses allowed for land owners to give feedback, comments, and ask questions.

Commissioner Brodshaug moved to accept the findings of staff and to approve the growth plan update. Second by Wiley. On call of the roll Commissioners Fremstad, Vigesaa, Wiley, Ruth, Brodshaug, Slagle, Morrau, Nordenstrom, and Paulsen voted aye. The motion was declared carried.

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 quarter and SE quarter of Section 35, Township 139 North, Range 49 West) (City of Fargo Planning Department) (jh) APPROVED:
Mr. Hinderaker reviewed the petition and stated that the Growth Plan should be amended in a fashion that compliments both the Fargo School District proposal and that of future infrastructure needs in the area. He also gave a history of the Growth Plan Amendment process regarding the subject property since the Hectors started the process involving the request to locate Wal-Mart.

Mr. Hinderaker stated that the 1995 and current growth plan were presented at the Kennedy school meeting along with two land use options. The 1st option recommends 20-25 acres of commercial and the 2nd option recommends 40-45 acres of commercial. The neighborhoods strongly prefer option 1. An ad-hoc committee also met and that group recommended 35 acres of commercial.

Commissioner Vigessa questioned how 32nd Street would be addressed. He has concerns that any commercial development would create cut through traffic. He suggested looking at a non-direct route to property via a frontage road separating commercial uses from residential areas.

Commissioner Wiley stated her concern regarding Frontier allowing commercial establishments to face 52nd Avenue. She raised the question that if Frontier doesn’t want so much commercial, does the frontage road need to come so far east - can the acreage by kept to 25.

Mr. Hinderaker stated the frontage road access point on 52nd Avenue South has already been established. He questioned whether to take the frontage road and run it adjacent with 52nd or push it north and utilize both sides. The frontage road could also be looked at as a boulevard to provide transition.

Mr. Gilmour mentioned that we need to make a decision within the next couple months as the plans regarding the frontage need to be given in July.

Commissioner Morrau stated his concern that there is a fair swap for the park department. Even though the acreage is comparable, the condition of the land is not. He suggested getting input from the park.

Chair Paulsen made the point to communicate with landowners. He stated that it would be beneficial if we could give a detailed outline of the plan so neighboring residents would have clear picture to allow for a reasonable compromise. Staff echoed this.

Mr. Gilmour stated that staff could incorporate language for the City Commission of the actual intent in regards to the plan.

Jim Johnson, 344 7th Avenue South, of the Fargo school board, asked the Commission to consider the request. This is the school district’s land and it needs to be developed into usable space. Mr. Johnson stated he is not convinced that two parts can be dealt with separately but would love to get the property in the hands of contractors to build Single-Residential Dwellings to repopulate the K-12 population.

John Strinden, a resident of Meadow Creek is concerned with the proposal. The plan represents a significant change in the growth plan. When they purchased and invested in their homes, it was based on a long range growth plan for low density.  Now the plan changes from low-density to high-density and commercial. He is in opposition to this. He stated we will have to compromise and look at additional acres. He proposed the Commission look at this plan in another 30 days when we hear from the Hectors.

Guy Paulsen, 2677 Meadow Creek Circle, stated that if any one of these 3 proposals were approved it would create a financial windfall for the development and those living near the property. He questioned how much they are going to lose. He asked why we are not considering another option that would follow the growth plan established in 1995 and amended in 2001 where they petitioned for less commercial and multi family. If owners wanted more commercial and multi family they should have proposed that in 1995. Those that purchased homes after that could have made that choice then. Mr. Paulsen also brought to the table his concern on how much commercial property there will be on Hector land. The more you push high-density residential, the more it decreases property value. He questioned how anyone can rely on the growth plan if it has no meaning and wondered why we have one.

Gary Kobolich of Meadow Creek states that most owners are against the growth plan. In order to get money for their land, the growth plan needs to be changed. He urged the Commission to vote against any significant change in regards to this growth plan.

Joran Johnson, Fox Run resident, adjacent to the proposed property, stated residents signed a petition in opposition to the plan. Had he known that there was as much commercial use being proposed, he would not have purchased his home. He asked the Commission to honor the current plan as the proposed plan will have major impact on residents.

Roger Hoffman, 2645 Meadow Creek, landowner across from the school district, has lived in the area for approximately 10 years. He stressed that the school board owes it to the neighborhood to not get involved in land and zoning issues and to try to not capitalize on families. If approved, taxes and specials will increase from adding roads and a bridge. He urged the Commission to re-look at the proposal. If area residents are going to pay and support the plan, we want to be treated fairly, it’s too hasty.

(9:59 a.m.) The Commission tabled for a 5 minute recess.

(10:04 a.m.) Shane Wisconski, stated the plan impacts approximately 2000 homes. He believes a commercial expansion will hurt homes and family. It seems that we continually want more acreage for commercial use. He stated there is no more need for retail space or hospitals. We could compromise about 10 acres but hopes the issue will be resolved soon. He knows what this action will do. He stated more than 300 and another 700 signatures have been gathered in protest.

Bob Footit, area builder, stated Fargo is losing a percentage of homes. They are not giving people places to live and raise a family. Speaking as a builder, he doesn’t feel we can believe in the growth plan. No one wants to build a lot near commercial development. He encouraged us to hold our grounds and do right.

Nola McNealy, Coulees Crossing, stated among 9 homes in her neighborhood, there are 15 children. If the school property develops to higher density or commercial it will add more traffic. This has to be thought out as one big plan, look at what the growth plan was.

Dan Plambeck stated he doesn’t have a picture to show what it is going to look like to alleviate concern. He wants the Planning Commission to recommend Option 2 to the City Commission for approximately 40-50 acres. This gives more flexibility to residents for traffic and noise. Right now they are looking at a growth plan. The zoning and platting comes later. They will then discuss with neighbors how to expand.

(10:23 a.m.) Mark Nawrot of 4307 Timberline Drive, stated traffic is potentially a huge problem. He is worried about cut-through traffic volume and speed and would like to see more bends and turns to alleviate this.

Commissioner Coates reiterated that the plan is to bring this issue forward to the Planning Commission and City Commission. The City Commission will then need to make a decision on the location of a frontage road. We are tasked with finding the optimum balance for the entire community.

Commissioner Morrau made a motion to accept the findings of staff and recommend approval to the City Commission of the proposed Growth Plan Amendment Option 1 from Public Institutional, Commercial, Office, Low/Medium Density, Mixed Medium/High Density, and Park/Open Space to Commercial, Office, Low/Medium Density, Mixed Medium/High Density, and Park/Open Space with the following stipulations: 1) to include design overly conditions, to include orientation and sitting of all commercial buildings and other conditions of said design standards; 2) to modify commercial property to 35 acres; 3) to modify the park green space situated between the 32nd Street South extension and the existing draining coolie on 12 acres; and 4) to modify balance to low-density housing. Second by Slagle. On call of the roll Commissioners Wiley, Slagle, Vigesaa, Ruth Brodshaug, Morrau, and Paulsen voted aye. The motion was declared carried.

3.       (2007-04-05) Continued 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) WITHDRAWN:
This item was withdrawn at the request of the petitioner.

4.        (2007-07-10a) Continued 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 Dwelling Residential on Lot 1, Block 3 and Lot 17 and 37, Block 5; SR-3, Single-Dwelling Residential on Lots 1 through 16 and Lots 18 through 29, Block 5 and Lots 1 through 24, Block 6; SR-2, Single-Dwelling Residential 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) and (2007-07-10b) Continued 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) (Shorestone Development) (jh) APPROVED:
(10:44 a.m.)  Jim Hinderaker presented information and gave a handout in regards to the Prairie Grove First Addition. He stated there is a trail system and small park features and wants to make sure we have an extension of the trail system along the western boundary.

Commissioner Wiley questioned whether the retention pond collects storm water for the entire development according to code. Michael Domitrovich answered that the retention pond does not take care of commercial use but it does take care of residential.

Dan Bueide, attorney, stated that there is a unique opportunity to develop a larger tract with integrated use and agrees with staff’s recommendation regarding the proposed plan.

Commissioner Brodshaug gave his support as well but questioned whether access via 27th Street will increase traffic in Lots 6-16. He asked what type of properties is being suggested there. Mr. Domitrovich stated single family. Brodshaug felt there would be a concern for pedestrian crossing and wondered whether this plan will accommodate that. Mr. Domitrovich indicated it is their intent to work with the park to create a crossing.

Going back to since storm water retention, Commissioner Wiley wondered whether retention is required to be sustained on site, where retention would occur, and if there are other means of storage. Mr. Domitrovich stated they will allow a lake on Lot 3 and some will be retained in parking lots.

Commissioner Wiley moved to accept the findings of staff and recommend approval to the City Commission of the proposed Major Subdivision (Prairie Grove First Addition) and Zoning Change. Second by Brodshaug. On call of the roll of Commissioners Vigesaa, Morrau, Brodshaug, Ruth, Wiley, and Paulsen voted aye. The motion was declared carried.

Public Hearings 10:00 - 10:45 a.m. Items 5 through 14

5.        (2007-04-01) Continued Hearing on a Petition requesting a Plat of The District of Fargo Addition (Major Subdivision) within part of the Northeast Quarter of Section 3, Township 138 North, Range 49 West (Located at 3950 52nd Avenue South) (White Oaks Trust) (jh) CONTINUED:
(11:00 a.m.) Commissioner Brodshaug moved that the Hearing be continued until June 13, 2007. Second by Morrau. On call of the roll of Commissioners Brodshaug, Wiley, Slagle, Vigesaa, Morrau, Ruth, and Paulsen voted aye. The motion was declared carried.

6.      (2007-04-08b) Continued Hearing on a Petition requesting a Conditional Overlay on Lot 10, Block 3 of South Forty at Osgood Second Addition.  (Located at 5201 52nd Avenue South) (Kevin Christianson) (jh) APPROVED:
(11:02 a.m.) Mr. Hinderaker stated that a Conditional Overlay is being established to mitigate concerns of staff regarding the General Commercial zoning of Lot 10, Block 3 and the neighboring residential property to the north. Staff and the petitioner have established an overlay that addresses the issues raised during the April 11, 2007 Planning Commission meeting.

Mr. Hinderaker stated that the Harris family wanted to rezone the subject property from AG to SR-4 prior to the growth plan update approval as the plan currently supports residential but is changing to ag-research. The Harris family has entered into an agreement with the City of Fargo and the Airport Authority that they would not build on the property for 3 years or contest necessity.

Commissioner Ruth moved to accept the findings of staff and recommend approval of the Conditional Overlay for Lot 10, Block 3 of the South Forty at Osgood Second Addition to the City Commission on the basis that the Conditional Overlay is consistent with the approval criteria. Second by Brodshaug. On call of the roll of Commissioners Ruth, Wiley, Morrau, Vigesaa, Brodshaug, and Paulsen voted aye. The motion was declared carried.

7.        (2007-05-01) Hearing on a Petition requesting a Zoning Change from AG, Agricultural to SR-4, Single-Dwelling Residential within part of Section 12, Township 140 North, Range 49 West  (Located at 5819 and 5821 County Road 31 North) (Ward H. Harris) (jh) APPROVED:
(11:10 a.m.) Dan Vogel, representative for the Ward Harris family, expressed that his client’s wish is to establish the best use of the land for appraisal purposes. He added that his clients were comfortable with the agreement.

Mr. Hinderaker noted that the airport authority met yesterday and recommended denial.

Commissioner Wiley moved to accept the findings of staff and recommend approval of the Zone Change from AG, Agriculture to SR-4, Single-Dwelling Residential to the City Commission with the flowing stipulations: 1) no building can be erected on the property for a period of three years; and 2) the petitioner will not contest necessity. Second by Ruth. On call of the roll of Commissioners Morrau, Brodshaug, Wiley, Ruth, Vigesaa, and Paulsen voted aye. The motion was declared carried.

8.      (2007-05-02)  Hearing on a Petition  requesting a Zoning Change from LI, Limited Industrial  to  MR-3, Multi-Dwelling Residential on Lots 3 through 5, Block 1 of Kapauns Addition (Located at 1920 and 2002 12th Avenue North) (Dell Arneson) (mw) APPROVED:
(11:24 a.m.) Mark Williams presented the staff report. Questions were raised on how noise instruction is enforced. Mr. Williams confirmed that the FAA enforces and outlines increased materials that are required located in such contours that limit noise. The Fargo airport is in opposition, but staff feels that a proximity agreement would require noice tenuation be required by FAA.

Stan Sivertson, 1142 19th Street North lives east of the addition. He stresses that there should be more parking.

Wade Octell and Commissioner Brodshaug voiced concern about the alley. Since it has been paved it’s become a through street. Mr. Octell questioned how we propose access into the property.

Mike Vipond, 9856 21st Street South, stated the alleyway is going to be expanded to allow access in conjunction with the 12th Avenue expansion.

Commissioner Brodshaug moved to accept the findings of staff and recommend to the City Commission to approve the Zoning Change from LI, Limited Industrial to MR-3, Multi-Dwelling Residential with the condition that the Proximity Agreement is recorded against the property prior to the second City Commission reading of the ordinance. Second by Wiley. On call of the roll of Commissioners Brodshaug, Ruth, Wiley, Morrau, and Paulsen voted aye. The motion was declared carried.

9.      (2007-05-03) Hearing on a Petition requesting a Zoning Change from MR-3, Multi-Dwelling Residential to LI, Limited Industrial for Lots 3, 4, and 5, Block 1 of 45th Street Park Third Addition (Located at 4402 2nd Avenue South, 209 43½ Street South, and 4375 4th Avenue South) (Jim Roers) (mw) CONTINUED:
(11:34 a.m.) Mr. Williams presented the staff report. He stated the property is currently vacant and hopes to develop the property for industrial purposes. Based on findings, staff feels that GC, General Commercial is more compatible and recommends approval of an alternate Zone Change. Use of a conditional overlay was discussed with the developer.

Deb Wendle Daub, 4445 2nd Avenue South, gave a presentation and spoke on the proposed Zoning Change. Ms. Daub stated that with a GC, General Commercial Zone Change they would be mandated to locate loading to border residential sections of Buena Vista. With an alternative option of LI, Limited Industrial the business could be located along the Industrial area and 42nd Street South. Ms. Daub agreed to see the LI alternative.

Commissioner Wiley moved to continue the item until the June 13, 2007 agenda. Second by Morrau. On the roll of the Commissioners Wiley, Brodshaug, Ruth, Morrau, and Paulsen voted aye. The motion was declared carried.

10.      (2007-05-04) Hearing on a Petition requesting a Zoning Change from SR-3, Single-Dwelling Residential to LC, Limited Commercial (with a conditional use permit for residential) for Lots 2, 3, and 4, Block 3 of Beardsleys Addition (Located at 1130, 1132, and 1136 North 17th Street) and a Zoning Change from MR-2, Multi-Dwelling Residential to LC, Limited Commercial (with a conditional use permit for residential) for all of Block 8 of William G. Johnson Addition (Located at 1142 North 17th Street) (Jerome D. Feder) (bm) ACCELERATED APPROVED:
(11:41 a.m.) Bill Mahar presented the staff report.

The applicant is in support of a mixed-use format. Staff had suggested the applicant use LC, Limited Commercial along with a minimum of 35 parking spots for this project. Mr. Gilmour noted that there is a lot across the street for students.

Mr. Gilmour also noted that there is an add-on approval of a Renewal Plan that the city needs to make a determination on. This is a time-sensitive project.

Commissioner Brodshaug moved to accept the findings of staff and recommend approval to the City Commission of the Zoning Change to LC with the aforementioned zoning conditions and find that the Renewal Plan is consistent with City Plans. Second by Ruth. On call of the roll of Commissioners Morrau, Wiley, Ruth, Brodshaug, and Paulsen voted aye. The motion was declared carried.

Wiley moved to accept the findings of staff and recommend approval to the City Commission of approve the CUP for residential and the aforementioned CUP conditions of approval. Second by Brodshaug. On call of the roll of Commissioners Morrau, Wiley, Ruth, Brodshaug, and Paulsen voted aye. The motion was declared carried.

11.      (2007-05-05) Hearing on a Petition for a Plat of Nortech Addition (Minor Subdivision) a replat of part of Lots 4 and 6, Block 3 of Westrac Second Addition. (Shannon Enterprises, LLC) (mw) APPROVED:
The applicant met all criteria in the Land Development Code.

Morrau moved to accept the findings of staff and recommend approval to the City Commission the minor Plat of Nortech Addition. Second by Brodshaug. On call of the roll of Commissioners Morrau, Brodshaug, Ruth, Wiley, and Paulsen voted aye. The motion was declared carried.

12.      (2007-05-06) Hearing on a Petition requesting a Zoning Change from LC, Limited Commercial to GC, General Commercial and a Conditional Use Permit to allow for an event center facility on the Urban Plains Center Addition, Blocks 2, 3, and 4. (Located North of 32nd Avenue and West of 51st Street South) (Michael Vannett) (bm) ACCELERATED APPROVED:
(12:00 p.m.) Staff explained that major sport facilities are only allowed in GC, General Commercial zoning districts. Noting that there isn’t extensive room, staff is comfortable that there is enough parking in the area.

Commissioner Brodshaug questioned how pedestrian traffic between parking areas and the arena are going to be monitored.

Mr. Mahar stated that staff is working on an amenities plan, having a speed table, and perhaps an event planner as necessary.

Commissioner Ruth moved to accept the findings of staff and recommend approval to the City Commission of the Zoning Change to GC, General Commercial and approve the Conditional Use Permit for an alternative access plan for the multi-purpose arena. Second by Morrau. On call of the roll of Commissioners Brodshaug, Wiley, Ruth, Morrau, and Paulsen voted aye. The motion was declared carried.

13.      (2007-05-07) Hearing on a Petition requesting a Text Amendment (pertaining to Community Services) to amend Section 20-0402, Subparagraph C.4 of Article 20-04 Chapter 20 of the Fargo Municipal Code (Land Development Code) relating to use regulations. (jh) APPROVED:
(12:08 p.m.) Mr. Hinderaker presented the Text Amendment change to include the following: “…unless such location is otherwise reviewed and approved as a Conditional Use, in accordance with the Conditional Use review procedures of Section 20-0909.” A Community Service could be a detox shelter, museum, library, etc. The change would allow us to evaluate whether there is a concern on a case by case basis.

Commissioner Brodshaug moved to approve the Text Amendment as follows: “No Community Service use may be located within 300 feet of another Community Service use, measured from lot line to lot line unless such location is otherwise reviewed and approved as a Conditional Use, in accordance with the Conditional Use review procedures of Section 20-0909.” Second by Wiley. On call of the roll of Commissioners Wiley, Ruth, Brodshaug, Morrau, and Paulsen voted aye. The motion was declared carried.

14.      (2007-05-08) Hearing on a Petition requesting a Text Amendment (pertaining to conditionally permitted uses in the AG, Agricultural zoning district) to amend Section 20-0402, Article 20-04 Chapter 20 of the Fargo Municipal Code (Land Development Code) relating to use regulations. (jh) CONTINUED:
(12:13 p.m.) Mr. Hinderaker presented information on the proposed Text Amendment. Due to the fact that information was not given before the meeting, Commissioner Morrau moved to continue the item until the June 13th, 2007 meeting. Second by Wiley. On call of the roll of Commissioners Wiley, Ruth, Brodshaug, Morrau, and Paulsen voted aye. The motion was declared carried.

Other Items
The next Brown Bag Luncheon is scheduled for Wednesday, May 23, 2007.

The time at adjournment was 12:17 o’clock p.m.