Skip navigation
 
 

March 14, 2007

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 E

A:         Approve Order of Agenda

B:         Minutes:  Regular Meeting of February 14, 2007

C:        Resolution of Appreciation for Rick Rayl

D.        Presentation from Botanical Society

E.         To be announced

Public Hearings 9:00 - 9:45 a.m. Items 1 through 5

1.         (2007-03-08) 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) Hearing on a Petition for a Growth Plan Amendment for the Fargo School District  (Located on a portion of the Southwest Quarter and Southeast Quarter of Section 35, Township 139 N, Range 49 W) (City of Fargo Planning Department) (jh)

3.         (2007-03-01) Hearing on a Petition requesting a plat of Vista Village Third Addition (minor subdivision) a replat of Lot 2, Block 4 of Vista Village Addition (Located at 4420 & 4440 37th Avenue South ) (Philip Gisi) (mw)

4.         (2007-03-02) Hearing on a Petition requesting a plat of Liberty Square Second Addition (minor subdivision) a replat of a portion of Lot 1, Block 2 of Anderson Park Addition (Located at 4301 23rd Avenue South ) (Michael J. Bullinger) (bm)

5.         (2007-03-03) Hearing on a Petition requesting a zoning change from LI, Limited Industrial to DMU, Downtown Mixed Use on part of Lot 11 & all of Lot 12, less the east 41 feet; Lot A and 1/2 Vacated 5th Street North, all within Block 33 of Keeney & Devitts 2nd Addition (Located at 505 5th St. N., 511 5th St. N., 502 4th Street North, 508 4th St. N., 510 4th St. N.) (Lois Ivers Altenburg, Kent Altenburg, Ed Berg) (mw)

10:00 – 10:45 a.m. Items 6 through 9

6.         (2007-03-04) Hearing on a Petition requesting a zoning change from MR-3, Multi-Family to LC, Limited Commercial with a CUP, Conditional Use Permit to allow residential on Lots 12 through 18, including part of vacated alley, Block 14 of Kirkham’s 2nd Addition (Located at 1414, 1416, 1420, 1424/1426, 1430, 1434 and 1436 12th Ave. N) (Roger Gilbertson & Jeremy Carlson) ACCELERATED (bm)

6b.       Review of Renewal Plan (jg)

7.         (2007-03-05)  Hearing on a Petition requesting a plat of Osgood Villas Second Addition (minor subdivision)  a replat of Block 1 and Lots 1, 2, 3, and 4, Block 2 and part of the private drive adjoining Lot 1, Block 1 and Lot 1, Block 2 of Osgood Villas Addition  (Located at Clubhouse Drive South and Osgood Parkway South) (Willow Creek Development Company, LLC) (bm)

8.         (2007-03-06) Hearing on a Petition requesting a plat of JKD Addition (minor subdivision)  a replat of Lots 51 through 59 of Great Northern First Addition and Lots 15 through 18, part of Lots 10, 11, 12, 19, and 20 and part of the vacated alley adjacent to Lots 15 through 19, Block 23 of Beardsley’s Addition.  (Located at 1817 & 1901 Great Northern Dr.) (Patrick Vesey) (jh)

9.          Text Amendment – minor subdivision (jh)

Other Items

March Brown Bag Luncheon – March 28, 2007

 

Fargo Planning Commission
Regular Meeting
Wednesday, March 14, 2007

 

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

Absent:      Jeff Morrau, Catherine Wiley

Chair Paulsen called the meeting to order.

Item A:  Approve Order of Agenda
Commissioner Ulferts-Stewart moved to approve the Order of Agenda as presented.  Second by Fremstad.  All Commissioners present voted aye and the motion was declared carried.

Item B:  Minutes:  Regular Meeting of February 14, 2007
Commissioner Brodshaug moved to approve the minutes of the February 14, 2007 Planning Commission meeting.  Second by Vigesaa.  All Commissioners present voted aye and the motion was declared carried.

Item C:  Resolution of Appreciation for Rick Rayl Presentation
Commissioner Nordenstrom moved to approve the Resolution of Appreciation for Rick Rayl.  Second by Fremstad.  All Commissioners present voted aye and the motion was declared carried.

Item D:  Botanical Society Presentation by Vern Hunter
Vern Hunter presented the Botanical Society’s future development plans to the Commissioners.
Brodshaug suggested rezoning from AG so that surrounding neighbors are not surprised by the development.

Item E:  Extraterritorial Jurisdiction Extension Presentation by Jim Gilmour
Jim Gilmour gave a presentation on the extraterritorial jurisdiction extension.

Item #1:  (2007-03-08) Hearing on a Petition for a City of Fargo Growth Plan Update (Located in the Northern & Southern ET areas of the City of Fargo) CONTINUED: 

(9:00 a.m.)  Mr. Hinderaker reviewed the petition and explained the purpose of the Growth Plan update is to identify land uses that are appropriate throughout the growth area; provide guidance to property owners, developers and future residents and businesses; plan for future arterials, collector streets, bike and pedestrian connections, open space, utilities, etc.; and establish guidelines for development.  Mr. Hinderaker stated the consolidated land use types and categories of this update provide more flexibility for developers with broader classifications.  Mr. Hinderaker explained that this plan creates the same characteristics as old neighborhoods and will promote a strong quality of life by focusing on a section of land whereby the center would be a school or a large park which would create an identity, provide opportunities, and build or shape a more cohesive neighborhood.

Dan Plambeck, 30 Birch Lane, stated his concern that this plan should not be used as something that is cast in stone.  He stated he agrees with former Mayor Furness’ remarks about the previous growth plan when he said this is a generalized plan and should be viewed as a guideline or working tool with recognition that plans need to change with changing times.  Mr. Plambeck stated he would like to see the plan reviewed and modified as needed.  As an attorney representing Fred and Earlyne Hector, Mr. Plambeck stated their concerns regarding the updated plan allocating less commercial development than the current plan.
 
Jim Gilmour stated property owners need to be able to rely on the plan to know that there will be compatible land uses next to their property.  He explained that the plan will need to change, but the changes will not be drastic.

There was discussion regarding the level of input given by land owners.
 
Mr. Gilmour explained that projections are made from the Growth Plan when looking ahead to build bridges, roadways, and anticipate other transportation and utility needs.

Jonathan Garaas, Attorney representing Fred and Earlyne Hector, questioned whether or not written notice was provided and stated people should know about changes to their own property.  He explained that approx 80-100 acres of Hector’s commercial land is now being reduced.   He also asked that this document be used as a template or planning document and that it should not be set in stone.

City Attorney Erik Johnson sited the growth plan notice requirement which states notice shall be published.  He explained that written notice is not in the Ordinance as a requirement and said that he will verify whether or not the legal requirements have been met.

Mr. Hinderaker stated a Notice of Hearing was published and letters were sent to all property owners within the designated area.

Commissioner Nordenstrom moved the Hearing be continued to April 11, 2007.  Second by Vigesaa.  All Commissioners present voted aye and the motion was declared carried.

Item #2:  (2007-03-07) Hearing on a Petition for a Growth Plan Amendment for the Fargo School District (Located on a portion of the Southwest Quarter and Southeast Quarter of Section 35, Township 139 N, Range 49 W) CONTINUED:

(10:15 a.m.)  Mr. Hinderaker presented the staff report and stated that although the Hectors are currently in the process of de-annexing their property, staff believes 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 further explained if the Hector property is removed from the incorporated limits of the City of Fargo, the property will remain within the Extraterritorial Area of the City of Fargo.

There was discussion regarding who is able to initiate a growth plan amendment.

City Attorney Erik Johnson clarified that a department head can initiate action without a formal application.

Dan Huffman, Assistant Superintendent for the Fargo Public School District, stated the School District’s intention is to trade buildable acre for buildable acre with the Park District to relocate park area into residential area.  He stated they would like to indicate their desire to keep a minimum of 300 feet of commercial from 52nd Avenue as a buffer.

Dan Plambeck, Attorney representing Fred and Earlyne Hector, stated his support of the School District’s petition and said the proposed land uses are appropriate.

Jonathan Garaas, Attorney representing Fred and Earlyne Hector, submitted written comments to the Commissioners.  He questioned why is this being done and said it makes sense to develop this land in a compatible fashion because it is adjacent to the school and park land. 

Mr. Huffman stated the School District would like to see approximately 10 acres of commercial/office area.  He reiterated that the park and school exchange be acre for acre and requested that the School District item and the staff initiated item be separated.
 
There was discussion regarding separating the School District portion of the application from the staff initiated portion of the application.

Commissioner Vigesaa stated he is in favor of separating this item out; is open to more commercial in the Hector property, and that the west side of interstate will be commercial.

Commissioner Vigesaa moved the Hearing be continued to April 11, 2007.  Second by Brodshaug.  All Commissioners present voted aye and the motion was declared carried.

Item #3:  (2007-03-01) Hearing on a Petition requesting a plat of Vista Village Third Addition (minor subdivision) a replat of Lot 2, Block 4 of Vista Village Addition (Located at 4420 & 4440 37th Avenue South) APPROVED:

(11:37 a.m.) Mr. Williams presented the staff report for the proposed plat and clarified that the proposed zoning will stay as MR-1, Multi-Dwelling.

Commissioner Ulferts-Stewart moved the findings of staff be accepted and the minor subdivision of Vista Village Third Addition be approved with the condition that the lot combination agreement also be recorded.  Second by Ruth.  On call of the roll Commissioners Vigesaa, Fremstad, Brodshaug, Ruth, Ulferts-Stewart, Nordenstrom and Paulsen voted aye.  Absent and not voting:  Morrau and Wiley.  The motion was declared carried.

Item #4:  (2007-03-02) Hearing on a Petition requesting a plat of Liberty Square Second Addition (minor subdivision) a replat of a portion of Lot 1, Block 2 of Anderson Park Addition (Located at 4301 23rd Avenue South) APPROVED:

(11:42 a.m.) Mr. Mahar presented the staff report for the proposed plat.

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

Item #5:  (2007-03-03) Hearing on a Petition requesting a zoning change from LI, Limited Industrial to DMU, Downtown Mixed Use on part of Lot 11 & all of Lot 12, less the east 41 feet; Lot A and 1/2 Vacated 5th Street North, all within Block 33 of Keeney & Devitts 2nd Addition (Located at 505 5th St. N., 511 5th St. N., 502 4th Street North, 508 4th St. N., 510 4th St. N.) APPROVED:

(11:46 a.m.) Mr. Williams presented the staff report for the proposed zoning change.

Commissioner Brodshaug moved the findings of staff be accepted and approval of the zoning change from LI, Limited Industrial to DMU, Downtown Mixed Use be recommended to the City Commission.  Second by Fremstad.  On call of the roll Commissioners Ulferts-Stewart, Brodshaug, Fremstad, Vigesaa, Ruth, Nordenstrom and Paulsen voted aye.  Absent and not voting:  Morrau and Wiley.  The motion was declared carried.

Item #6:  (2007-03-04) Hearing on a Petition requesting a zoning change from MR-3, Multi-Family to LC, Limited Commercial with a CUP, Conditional Use Permit to allow residential on Lots 12 through 18, including part of vacated alley, Block 14 of Kirkham’s 2nd Addition (Located at 1414, 1416, 1420, 1424/1426, 1430, 1434 and 1436 12th Ave. N) ACCELERATED:  APPROVED:

(11:48 a.m.) Mr. Mahar reviewed the petition and stated the rezoning to commercial will make the current residential portion of this mixed use project non-conforming with regard to the City zoning code and therefore the CUP for residential land use is necessary.  He stated the applicant has also applied for a Tax Increment Financing plan to help offset the high cost of redevelopment.  Mr. Mahar outlined conditions of approval for the zoning change to LC, Limited Commercial and the CUP for residential land use.

There was discussion regarding the reduction in the landscape requirement.

Erik Johnson stated condition number six regarding the reduction in the landscape requirement will be removed because zoning requirements cannot be reduced.

Roger Gilbertson, applicant, stated he is in agreement with all of the conditions.  He said condition number three may be an issue because the size of the tree canopy encroaches on the building.  He explained that there will be extensive work on 12th Avenue North and therefore, he is not sure the trees will be able to survive.  He stated the project will create a better area by accommodating traffic flow, providing better lighting, and constructing a better pedestrian right-of-way.

Commissioner Nordenstrom stated his concern regarding parking issues.

There was discussion regarding protecting the public boulevard American Elm trees.  It was agreed that the developer would make the best effort to protect the trees, but would not be penalized should they need to be removed.  Staff agreed to remove the condition of approval relating to this issue.

Mr. Gilmour stated the City Forester would be involved in the decision to remove trees.

Bruce Franz, NDSU Facilities, stated his support of the project.  He said parking is available in the T Lot with the idea that most of the tenants would be students and staff.

Commissioner Brodshaug moved the findings of staff be accepted and approval of the zoning change from MR 3, Multiple Dwelling to LC, Limited Commercial with the zoning overlay outlined in the staff report, eliminating conditions three and six, be recommended to the City Commission and the CUP for residential with conditions as outlined in the staff report be approved.  Second by Nordenstrom.  On call of the roll Commissioners Ruth, Fremstad, Vigesaa, Brodshaug, Ulferts Stewart, Nordenstrom and Paulsen voted aye.  Absent and not voting:  Morrau and Wiley.  The motion was declared carried.

Item #6b:  Review of Renewal Plan
Jim Gilmour advised the Planning Commission that the project was moving forward to the City Commission for consideration of Tax Increment Financing.  
                                                                                                                                 Commissioner Vigesaa moved the Renewal Plan is consistent with the City of Fargo’s comprehensive plan as well as other plans.  Second by Ruth.  On call of the roll Commissioners Ruth, Fremstad, Vigesaa, Brodshaug, Ulferts-Stewart, Nordenstrom and Paulsen voted aye.  Absent and not voting: Morrau and  Wiley.  The motion was declared carried.

Item #7:  (2007-03-05) Hearing on a Petition requesting a plat of Osgood Villas Second Addition (minor subdivision) a replat of Block 1 and Lots 1, 2, 3, and 4, Block 2 and part of the private drive adjoining Lot 1, Block 1 and Lot 1, Block 2 of Osgood Villas Addition  (Located at Clubhouse Drive South and Osgood Parkway South) APPROVED:

(12:17 p.m.) Mr. Mahar presented the staff report for the proposed plat.

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

Item #8:  (2007-03-06) Hearing on a Petition requesting a plat of JKD Addition (minor subdivision)  a replat of Lots 51 through 59 of Great Northern First Addition and Lots 15 through 18, part of Lots 10, 11, 12, 19, and 20 and part of the vacated alley adjacent to Lots 15 through 19, Block 23 of Beardsley’s Addition.  (Located at 1817 & 1901 Great Northern Dr.) APPROVED:

(12:18 p.m.) Mr. Hinderaker presented the staff report for the proposed plat.

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

Item #9:  Text Amendment – Minor Subdivision APPROVED:
(12:21 p.m.) Mr. Hinderaker reviewed the text amendment stating the Land Development Code is not in compliance with the North Dakota Century Code concerning Minor Subdivisions.  He stated Century Code dictates that the governing body, the City Commission, has sole authority to approve or deny all plats and therefore the amendment is necessary to bring local law into compliance with State law.  He explained that staff believes an expedited subdivision process should continue to be available and suggests that any change to the Minor Subdivision process include a review and approval by the City Commission on their Consent Agenda.

Commissioner Brodshaug moved the findings of staff be accepted and approval of the Text Amendment as outlined within the staff report to amend Sections 20-0802.D.4, 20-0907.B.3, 20 0907.B.4, 20 0907.B.5, 20-0907.B.6, 20-0907.C, 20-1202.66.b of Chapter 20 of the Fargo Municipal Code (Land Development Code) be recommended to the City Commission.  Second by Vigesaa.  On call of the roll Commissioners Brodshaug, Fremstad, Ruth, Ulferts-Stewart, Vigesaa, Nordenstrom and Paulsen voted aye.  Absent and not voting:  Morrau and Wiley.  The motion was declared carried.

The time at adjournment was 12:24 o’clock p.m.

Other Items
March Brown Bag Luncheon – March 28, 2007

Topic:  The District development