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January 10, 2007

Fargo Planning Commission Regular Meeting
Wednesday, January 10, 2007 at 8 a.m.

City Commission Chambers, Fargo 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 C

A:        Approve Order of Agenda

B:        Minutes:  Regular Meeting of December 13, 2006

C:        Presentation of the City of Fargo 2007 Capital Improvements Map - City Engineer Mark Bittner
 

Public Hearings 9:00 - 9:45a.m. Items 1 through 8

1.         (2006-12-08) Hearing on a Petition requesting a plat of Kounovsky’s First Addition (minor subdivision) a replat of part of Lot 1, Block 1, Geller Addition (Located at 4453 Main Ave) (Brian Kounovsky, The Yampa Group) bm  

2.         (2006-12-06a) 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) Hearing on a Petition requesting a zoning change from 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)  

3.         (2007-01-01) Hearing on a Petition requesting a plat of Urban Plains Rec FacilityAddition (major subdivision) Lots 1, 2, 3 and 4, Block 7 of Urban Plains by Brandt First Addition.  (Located north of 32nd Ave S, up to 30th Ave S, with the east border being 49th St S) (Ace Brandt) bm  

4.         (2007-01-02) Hearing on a Petition requesting a plat of Premiere Second Addition (minor subdivision) Lots 1, 2, and 3 Great Northern First Addition (Located 2441 Great Northern Drive) (Jeffery S. Ganje) mw  

5.         (2007-01-03) Hearing on a Petition requesting a plat of Urban Plains Retail Addition (minor subdivision) All of Block 9 of Urban Plains by Brandt First Addition (Located west of 45th St S; north of 32nd Ave S; and bordered on the north/west side by Brandt Drive) (Ace Brandt) bm  

6.         (2007-01-04) 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  

7.         (2007-01-06) Hearing on a Petition requesting a zoning change from AG, Agricultural to SR-2, on Lots 1-8 Block 1, Osgood River Addition (Located at 4409, 4419, 4429, 4435, 4449, 4461, 4473, 4485 66th St S) (City of Fargo) jh  

8.         (2007-01-07) Hearing on a Petition requesting a zoning change from GC, General Commercial to P/I, Public and Institutional, on part of Lots 1 & 2, Block 1, Beautiful Savior Addition (Located at 2601 & 2855 23rd Ave S) (City of Fargo) mw  

Other Items

January Brown Bag Luncheon – January 24, 2007

Fargo Planning Commission
Regular Meeting

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

Absent:   Kelly Ruth, Catherine Wiley, Rick Rayl

Chair Paulsen called the meeting to order.

Item A:  Approve Order of Agenda
Commissioner Nordenstrom moved to approve the Order of Agenda as presented.  Second by Vigesaa.  All members present voted aye and the motion was declared carried.

Paulsen stated Hearing No. 1 has changed to a major subdivision.

Item B:  Minutes:  Regular Meeting of December 13, 2006
Commissioner Brodshaug requested an amendment of the regular meeting minutes of December 13, 2006 for Item No. 1 to reflect the discussion held regarding off premise signs.

Commissioner Fremstad moved to approve the minutes of the December 13, 2006 Planning Commission meeting with the addition of discussion regarding off-premise signs.  Second by Nordenstrom.  All members present voted aye and the motion was declared carried.

Item C:  City of Fargo 2007 Capital Improvements Map Presentation by Mark Bittner
Mark Bittner presented the City of Fargo 2007 Capital Improvements Map to the Commissioners.

Item #1:  (2006-12-08)  Hearing on a Petition requesting a plat of Kounovsky’s First Addition (major subdivision) a Replat of part of Lot 1, Block 1, Geller Addition (Located at 4453 Main Ave) (Brian Kounovsky, The Yampa Group) APPROVED:

(9:05 a.m.)  Mahar reviewed the petition and informed the Commission that with the incorporation of a negative access easement agreement to the plat it is now a major subdivision and will need to be recommended to the City Commission.

Commissioner Nordenstrom moved the findings of staff be accepted and the approval of the major subdivision Kounovsky’s First Addition be recommended to the City Commission.  Second by Morrau.  On call of the roll Commissioners Fremstad, Vigesaa, Ulferts-Stewart, Brodshaug, Morrau, Nordenstrom and Paulsen voted aye.  Absent and not voting:  Rayl, Ruth, Wiley.  The motion was declared carried.

Item #2:  (2006-12-06a)  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) CONTINUED:                 (2006-12-06b) 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) CONTINUED:

(9:07 a.m.)  Hinderaker reviewed the petition stating the Fargo Housing and Redevelopment Authority (FHRA) owns property east of New Horizons Manor and they plan to develop the property to serve moderate income seniors.  He noted that the property is currently being used as a neighborhood park and is maintained by the Fargo Park District.  He stated that staff has received correspondence from concerned citizens as well as from those in favor of the project.  Hinderaker explained that Friendship Park, which is adjacent to the property and is owned by the Fargo Park District, is about five acres in size and would remain a park.  He stated that staff is recommending approval of Sunrise Addition and the zoning change.

In answer to a question from Commissioner Ulferts-Stewart, Hinderaker stated the meeting was advertised in The Forum and property owners within 300 feet of the subject property received notice of the meeting.

Lynn Fundingsland, Executive Director of FHRA, stated the City will be experiencing the largest demand for senior housing in history and there isn’t an inventory of housing to meet this need.  He stated senior housing buildings are now 80% occupied by disabled persons and FHRA is setting out to build 150 units, geographically and income disbursed.  He reviewed a history of the proposed site.  He stated FHRA understands the land has been used as a park all of these years and although the park will be preserved, they also understand there is a loss of green space to this neighborhood.  He explained that FHRA believes this proposal would provide the highest use of this parcel of land and the architect has designed a very green development with a 37 unit, two-story structure.  He stated this is the perfect location for this proposal with many amenities within walking distance.

In answer to a question by Commissioner Ulferts-Stewart Mr. Fundingsland stated there will not be much traffic generated by this project because the main users will be people living within the facility.  He explained that it would not be used as a thru street and use would be restricted through the use of signage, speed bumps, and possibly a gate, if needed.

Brian Arrett, Executive Director of the Fargo Senior Commission, stated his support of the intent of the project and encouraged consideration of the merits of the proposal.  He stated the need for senior housing is real and substantial.

In answer to a question by Chairman Paulsen, Mr. Fundingsland stated there are a number of privately owned senior living facilities, however, FHRA serves a higher percentage of this population because they can provide lower rents.

Deb Nordby, 321 25th Avenue North,  presented petitions from citizens of North Fargo asking the Commission not to approve the requested proposal.  She stated the project is a wonderful housing proposal but asked that it be located elsewhere.  She described the park as a safe, quiet place and stated that limiting the space will limit the activities.

Max Olson, 310 27th Avenue North, summarized a history of the location.  He stated the North Side Association allowed a portion of the park to be sold, traded for land at Yunker farm.  In the 1971 agreement on the park, which FHRA backed, he said that the Association agreed to a land swap if FHRA would allow a park to be built on the three acres.
 
Mr. Olsen provided a copy of a 1971 Forum article to the Commission and stated that this article showed that the Housing Authority intended the area to be used as a park. 

Mike Dirk, 305 25th Avenue North, stated he feels the project can take place without destroying the park.  He suggested that there are other locations available for this proposal and questioned where the rain water will end up which normally floods the park.

Roger Finch, 2602 3rd Street North, explained his opposition to the proposal stating the average age in the neighborhood is getting younger, housing is affordable in the area and green space is needed for the children.

In answer to a question from Chairman Paulsen, Dave Leker, Director of Fargo Parks, stated the entire eight acres has been treated as a park in the past and five acres would be left as park land after the development is complete.

Commissioner Fremstad stated she received a lot of calls for and against the project.  She explained that some calls related to the baseball and softball diamonds used and she knows personally of the shortage of fields.  She questioned where the fields will be moved to.

James Olson, 414 28th Avenue North, stated his opposition to the project and suggested looking into other areas for the project before using the green space.

Michelle Carlson, 301 27th Avenue North, stated her opposition to the proposal and explained that the park was a factor in her choosing to live in this area.

Bill Nygaard, 317 25th Avenue North, stated his opposition to the proposal.

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

Commissioner Brodshaug stated he is interested in continuing the hearing until February to learn more of the legal history between the Park Board and FHRA pertaining to this land and what the remaining park would look like regarding overlapping space for baseball and softball.

Commissioner Fremstad agreed with waiting to make a decision and stated she would like more information on other land options for the project.

Commissioner Vigesaa asked if the Park District would be interested in buying the land from FHRA.

Planning and Development Director Jim Gilmour summarized the Commissioners’ request to obtain more background information on legal obligations made between the Park District and FHRA, how to lay out the remainder of the park and to identify other available alternative sites for the proposal.

Paulsen directed staff to verify the validity of the Forum newspaper article.

Commissioner Brodshaug moved the Hearing be continued to February 14, 2007.  Second by Vigesaa.  All Commissioners present voted aye and the motion was carried.

 Item #3:  (2007-01-01)  Hearing on a Petition requesting a plat of Urban Plains Rec Facility Addition (major subdivision) Lots 1, 2, 3 and 4, Block 7 of Urban Plains by Brandt First Addition.  (Located north of 32nd Ave S, up to 30th Ave S, with the east border being 49th St S) (Ace Brandt) APPROVED:

(10:39 a.m.)  Mahar presented this item and stated the vehicular corridor has been removed and a pedestrian and bike corridor will remain at that location.

Commissioner Vigesaa moved the findings of staff be accepted and approval of the major subdivision of Urban Plains Rec Facility Addition be recommended to the City Commission.  Second by Morrau.  On call of the roll Commissioners Vigesaa, Fremstad, Brodshaug, Morrau, Ulferts-Stewart, Nordenstrom, and Paulsen voted aye.  Absent and not voting:  Rayl, Ruth, Wiley.  The motion was declared carried.

Item #4:  (2007-01-02)  Hearing on a Petition requesting a plat of Premiere Second Addition (minor subdivision) Lots 1, 2, and 3 Great Northern First Addition (Located 2441 Great Northern Drive) (Jeffery S. Ganje) APPROVED:
10:43 a.m.
Williams presented this item and stated no comments were taken from neighbors regarding this plat. 

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

Item #5:  (2007-01-03)  Hearing on a Petition requesting a plat of Urban Plains Retail Addition (minor subdivision) All of Block 9 of Urban Plains by Brandt First Addition (Located west of 45th St S; north of 32nd Ave S; and bordered on the north/west side by Brandt Drive) (Ace Brandt) APPROVED:

(10:46 a.m.)  Mahar presented this item and stated development will not occur on Lot 6 as it will likely be a view shed lot, or a space set aside as a landscape feature.

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

Item #6:  (2007-01-04)  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) CONTINUED:

(10:47 a.m.)  Williams suggested continuing Hearing Item No. 6 to February 14, 2007 as the applicant was not present.

Commissioner Morrau moved Hearing Item No. 6 be continued to February 14, 2007.  Second by Ulferts Stewart.  All members present voted aye and the motion was declared carried.

 Item #7:  (2007-01-06)  Hearing on a Petition requesting a zoning change from AG, Agricultural to SR-2, on Lots 1-8 Block 1, Osgood River Addition (Located at 4409, 4419, 4429, 4435, 4449, 4461, 4473, 4485 66th St S) (City of Fargo) APPROVED:

(10:47 a.m.)  Hinderaker presented the staff report for the proposed zoning change.  He stated the Planning Commission approved the Osgood River Addition minor plat on April 14, 2004 and recommended approval of a zoning change from AG, Agricultural to SR-2, Single-Dwelling.  He explained that, in error, the zoning change request was not forwarded to the City Commission for review and action.  He further explained that in an effort to provide sufficient public notice, staff felt it was appropriate to re-advertise the item and have it reheard by the Planning Commission prior to scheduling the item before the City Commission. 

Commissioner Ulferts-Stewart moved the findings of staff be accepted and approval of the Zoning Change from AG, Agricultural to SR-1, Single-Dwelling for Lots 1-8, Block 1 of the Osgood River Addition be recommended to the City Commission.  Second by Morrau.  On call of the roll Commissioners Morrau, Brodshaug, Fremstad, Ulferts-Stewart, Vigesaa, Nordenstrom and Paulsen voted aye.  Absent and not voting:  Rayl, Ruth, Wiley.  The motion was declared carried.

Item #8:  (2007-01-07)  Hearing on a Petition requesting a zoning change from GC, General Commercial to P/I, Public and Institutional, on part of Lots 1 & 2, Block 1, Beautiful Savior Second Addition (Located at 2601 & 2855 23rd Ave S) (City of Fargo) APPROVED:

(10:54 a.m.)  Williams presented the staff report for the proposed zoning change.

Commissioner Morrau moved the findings of staff be accepted and approval of the zoning change from GC and P/I to P/I on Lot 1, Block 1, Beautiful Savior Second Addition and from GC and P/I to GC on Lot 2, Block 1, Beautiful Savior Second Addition be recommended to the City Commission.  Second by Vigesaa.  On call of the roll Commissioners Brodshaug, Ulferts-Stewart, Morrau, Vigesaa, Fremstad, Nordenstrom and Paulsen voted aye.  Absent and not voting:  Rayl, Ruth, Wiley.  The motion was declared carried.

The time at adjournment was 10:58 o’clock a.m.

Other Items
January Brown Bag Luncheon – January 24, 2007
Topic:  2006 Growth Plan