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Wednesday, July 9, 2008 at 8:30 a.m.

Fargo Planning Commission Regular Meeting

City Commission Chambers, City Hall

Agenda

 

8:30 a.m. to 8:45 a.m.   Items A through D

A:  Approve Order of Agenda

B:  Minutes:  Regular Meeting of June 11, 2008

C:   Work Plan Update

D:   Resolution of Appreciation Presented to Mark Brodshaug

Public Hearings 9:00 a.m. to 9:45 a.m. Items 1 through 6

1.  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)

2.  Continued Hearing on a Petition requesting a Plat of Hooters Fargo Addition (Minor Subdivision) a replat of Lot 2 and part of Lot 3, Block 5 of Westrac First Addition together with part of Lot 1, Block 1 of Helenske’s First Addition. (Located at 3431 Fiechtner Drive South and 3501 13th Avenue South ) (John Taffer) (jh)

3.  Continued Hearing on a Petition requesting a Zoning Change from SR-3, Single-Dwelling to MR-1, Multi-Dwelling on Lots 13 through 19, Block 7 of Hector’s Addition. (Located at 57 11th Avenue North ) (Lloyd Sampson) (nc)

4.   Hearing on a Petition requesting a Zoning Change from SR-2, Single-Dwelling to SR-4, Single-Dwelling on an unplatted tract of land on a portion of the southeast quarter of Section 36, Township 139 North, Range 49 West. (Located at 1141 48th Avenue South) (Curt Reeff) (jh) CONTINUED TO AUGUST 13, 2008

5a.  Hearing on a Petition requesting a Plat of Town Square Village Second Addition (Minor Subdivision) a replat of Lots 1, 2, 4, and part of Lots 3 and 5, Block 3 of Town Square Village Addition (Located at 3815, 3853, and 3921 Village Lane South and 4722 and 4752 38th Avenue South) (Town Square Properties, LLC) (jh)

5b.  Hearing on a Petition requesting a Zoning Change from MR-1, Multi-Dwelling to SR-4, Single-Dwelling on Lots 1 and 2, Block 1 of the proposed Town Square Village Second Addition (Located at 3815, 3853, and 3921 Village Lane South and 4722 and 4752 38th Avenue South) (Town Square Properties, LLC) (jh)

6.    Hearing on a Petition requesting a Conditional Use Permit in order to erect a telecommunication support tower up to 125 feet on portions of Section 1, Township 139 North, Range 49 West. (Located at 1407 7th Avenue North ) (Jim Toay II) (jh)

Public Hearings 10:00 a.m. to 10:45 a.m. Items 7 through 10

7.  Hearing on a Petition requesting a Planned Unit Development to amend the existing Planned Unit Development in order to bring the property into compliance with City of Fargo regulations for Lots 1, 2, 3, and 4 in Block 2 of Skaff’s First Addition. (Located at 1632, 1646, and 1674 51st Street South, 4902 16th Avenue South , and 4955 17th Avenue South ) (Sam J. Skaff) (mw)

8.  Hearing on a Petition requesting a Conditional Use Permit for a telecommunication support structure, 60 feet in height, on the east 180 feet of the north 225 feet of Lot 1, Block 1 of Fargo Baptist Addition. (Located at 3301 23rd Avenue South ) (Laurence Vandel) (mw)

9.  Hearing on a Petition requesting a Plat of Microsoft Addition (Minor Subdivision), a replat of Lot 1, Block 2 of Great Plains Software Addition, and Lot 1, Block 3 of Prairie Tech Addition, and Lot 1, Block 1 of Vista Addition. (Located at 3800, 3900, and 4000 Great Plains Drive South and 4412 42nd Street South ) (Matt Torgerson) (nc) CONTINUED TO AUGUST 13, 2008

10. Hearing on a Petition requesting a Text Amendment to amend Article 20-02 Base Zoning Districts, and other applicable sections of Chapter 20 of the Fargo Municipal Code (Land Development Code) for the purpose of creating a new mixed-use zoning district, University Mixed-Use District.  The purpose of the new zoning district is to accommodate a variety of mixed-use project types in areas near downtown and university settings with access to transit.  The new zoning district includes use regulations, density standards, development standards to include parking, landscape, and building design. (City of Fargo ) (nc)

Other Items

Brown Bag Luncheon – Wednesday, July 23, 2008

 

MINUTES

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, July 9, 2008.

The Planning Commissioners present or absent were as shown following:

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

Absent:      Peggy Palmes, Kelly Ruth

Chair Paulsen called the meeting to order.

Item A:      Approve Order of Agenda
Chair Paulsen noted an extra item will be added after Item C to provide the Planning Commission with an overview of the decision rendered on an appeal made to District Court for the Fred M. Hector & Earlyne L. Hector vs. City of Fargo lawsuit.  Chair Paulsen stated Item Nos. 4 and 9 will be continued to the August 13, 2008 Planning Commission meeting.  He noted City Commissioner Brad Wimmer was appointed as the Planning Commission liaison.  Ms. Fremstad moved to approve the Order of Agenda as amended.  Second by Ms. Wiley.  All Members present voted aye and the motion was declared carried.

Item B:      Minutes:  Regular Meeting of June 11, 2008
Ms. Wiley moved to approve the minutes of the June 11, 2008 Planning Commission meeting.  Second by Ms. Fremstad.  All Members present voted aye and the motion was declared carried.

Item C:      2008 Work Plan Update
Jim Hinderaker presented an update to the City of Fargo Planning Department 2008 Work Plan, which is used by staff to prioritize and provide direction for the allocation of resources and analyze success.

Fred M. Hector & Earlyne L. Hector vs. City of Fargo Overview
At the request of Chair Paulsen, City Attorney Erik Johnson updated the Planning Commission on the Fred M. Hector & Earlyne L. Hector vs. City of Fargo lawsuit.  He reviewed the zoning approved by the Planning and City Commissions for property located on the northeast and northwest corner of 52nd Avenue South and Interstate 29.  He stated the District Court affirmed the City Commission’s findings and decision. 

Item D:      Resolution of Appreciation presented to Mark Brodshaug
Chair Paulsen read the Resolution of Appreciation for Mark Brodshaug stating:

      WHEREAS, Mark Brodshaug was appointed to the Fargo Planning Commission on February 3, 2003 and served for 5 1/2 years; and
WHEREAS, Mark Brodshaug gave of his time to serve his community in a capacity that required careful thought and consideration to benefit the community; and
      WHEREAS, Mark Brodshaug, participated with the Planning Commission on the project of updating the Fargo Growth Plan; and
WHEREAS, Mark Brodshaug, brought to the Planning Commission a better understanding of the concerns and values of county residents who live outside of Fargo; and
WHEREAS, Mark Brodshaug, supported metropolitan wide planning and cooperation between local units of government; and
WHEREAS, Mark Brodshaug, provided thoughtful and valuable comments on land use issues that affected Fargo residents; and
WHEREAS, Mark Brodshaug allowed City staff, his fellow Planning Commissioners, and the public the privilege of working with an individual who exhibits exemplary diplomacy, respect, and courteous patience.

      NOW, THEREFORE, BE IT RESOLVED, that the Fargo Planning Commission does hereby acknowledge with gratitude and appreciation the time and personal interest Mark Brodshaug devoted to the Fargo Planning Commission.

      BE IT FURTHER RESOLVED, that this Resolution be inscribed upon the permanent record of the Planning Commission and thereby the City of Fargo, and that a certified copy be forwarded to Mr. Brodshaug.

Ms. Ulferts-Stewart moved to approve the Resolution of Appreciation for Mark Brodshaug.  Second by Ms. Wiley.  All Commissioners present voted aye and the motion was declared carried.

At 8:54 a.m., the Board recessed until the 9:00 o’clock a.m. scheduled Hearings.
After recess:  All Members present except Palmes and Ruth.  Chair Paulsen presiding.

Item 1:      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):  APPROVED
(9:00 a.m.) 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 April 9, 2008.

At the April 9, 2008 meeting, the Hearing was continued May 14, 2008.

At the May 14, 2008 meeting, the Hearing was continued to this date and hour.

Nicole Crutchfield presented the petition for the proposed vacation plat and stated one outstanding item to be addressed relating to the vacation plat is the requirement to coordinate with City Forestry to address the 13 existing trees currently within the 8th Street North right-of-way.

In answer to a question by Ms. Wiley, Ms. Crutchfield stated a few trees may need to be removed to accommodate for new parking needs, which will need to be worked out with the Forestry Department.

Terry Stroh, TL Stroh Architects, Applicant’s representative, stated the need to accommodate parking expansion for the Sons of Norway.

In answer to a question by Chair Paulsen, Ms. Crutchfield stated the Applicant will need to coordinate with the City Forester and obtain a permit before removing trees as required by City Ordinance.
Kay Schwarzwalter, 723 3rd Avenue North, stated her support for the downtown campus and urged the Planning Commission to work with the Applicant and Developer to preserve trees on the site.

Bruce Frantz, NDSU Facilities Director, stated mature vegetation is important to the City, neighborhood, and campus and NDSU will take steps to maintain the mature growth.

In answer to a comment made by Chair Paulsen, Mr. Frantz stated because there is not enough parking for every student, there will be added transit service and other modes of transportation will be encouraged.

Allen Lee, City of Fargo Forestry Department, explained American Elm and Green Ash trees are resilient to construction and the Forestry Department will work with the Developer to take extra steps to keep the trees.
 
Ms. Wiley said she believes parking needs could be achieved without killing some of the trees by utilizing a more creative design.

Mr. Vigesaa moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the Vacation Plat to vacate 8th Street between 2nd and 3rd Avenue North and the alley in Block 9 of Robert’s Addition on the basis that it complies with the Standards of Article 20-06 and all other requirements of the Land Development Code.  Second by Ms. Ulferts-Stewart.  On call of the roll Members Fremstad, Vigesaa, Ulferts-Stewart, Morrau, Slagle, and Paulsen voted aye.  Member Wiley voted nay.  Absent and not voting:  Members Palmes and Ruth.  The motion was declared carried.

Item 2:      Continued Hearing on a Petition requesting a Plat of Hooters Fargo Addition (Minor Subdivision) a replat of Lot 2 and part of Lot 3, Block 5 of Westrac First Addition together with part of Lot 1, Block 1 of Helenske’s First Addition. (Located at 3431 Fiechtner Drive South and 3501 13th Avenue South) (John Taffer):  APPROVED
(9:26 a.m.) A Hearing had been set for June 11, 2008 on a petition requesting a plat of Hooters Fargo Addition.

At the June 11, 2008 meeting, the Hearing was continued to this date and hour.

Jim Hinderaker presented the staff report for the proposed plat and stated staff is recommending approval. 

Brian Berg, Zerr Berg Architects, stated the main reason for this request is to provide adequate parking.  He stated there is no direct street access to the back lot.

Mr. Morrau moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the Hooters Fargo Addition plat, as outlined within the staff report, as the proposal complies with the adopted Area Plan, the Standards of Article 20-06, and all other applicable requirements of the Land Development Code.  Second by Mr. Vigesaa.  On call of the roll Members Wiley, Fremstad, Vigesaa, Ulferts-Stewart, Morrau, Slagle, and Paulsen voted aye.  Absent and not voting:  Members Palmes and Ruth.  The motion was declared carried.

Item 3:      Continued Hearing on a Petition requesting a Zoning Change from SR-3, Single Dwelling to MR-1, Multi Dwelling on Lots 13 through 19, Block 7 of Hector’s Addition. (Located at 57 11th Avenue North) (Lloyd Sampson):  APPROVED
(9:28 a.m.) A Hearing had been set for June 11, 2008 on a petition requesting a zoning change on Lots 13 through 19, Block 7 of Hector’s Addition.

At the June 11, 2008 meeting, the Hearing was continued to this date and hour.

Nicole Crutchfield reviewed the staff report for the requested zoning change and stated purchase of the property by Mr. Sampson is contingent upon the rezoning.  She stated concerns have been brought forth by abutting property owners questioning plans for the building.  She said staff recommends approval of the zone change.

Merrill Piepkorn, 1321 3rd Street North, Horace Mann Association President, stated people in the area are very proud of their neighborhood and would like to ask the Applicant to maintain the property, improve it, and let everyone in neighborhood see the benefit from the improvement.

Lloyd Sampson, Applicant, stated the agreement with the county stipulates that he keep the outside of the building essentially the same.  He said anyone may contact him regarding the project at any time.

In response to a question by Ms. Fremstad, Ms. Crutchfield stated there are two affordable apartment units on the top floor that have been renovated utilizing HOME funds.  She said they will remain in place for the remainder of the 15 year term.

Bonnie Johnson, Cass County Administrator, stated the County Commission worked on this project for a number of months and took the Historic group’s thoughts as well as the needs of the neighborhood into consideration when they looked at the bids.

Ms. Ulferts-Stewart moved the findings of staff be recommended and approval be recommended to the City Commission of the proposed zoning change from SR-3, Single Family to MR-1, Multi Dwelling, 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.  Second by Mr. Morrau.  On call of the roll Members Vigesaa, Fremstad, Morrau, Ulferts-Stewart, Wiley, Slagle, and Paulsen voted aye.  Absent and not voting:  Members Palmes and Ruth.  The motion was declared carried.

Item 4:      Hearing on a Petition requesting a Zoning Change from SR-2, Single-Dwelling to SR-4, Single Dwelling on an unplatted tract of land on a portion of the southeast quarter of Section 36, Township 139 North, Range 49 West. (Located at 1141 48th Avenue South) (Curt Reeff): CONTINUED TO AUGUST 13, 2008
This was the time and date set for a Hearing on a petition requesting a zoning change for property located in Section 36, Township 139 North, Range 49 West; however, the Petitioner has requested the Hearing be continued to August 13, 2008.

Item 5a:      Hearing on a Petition requesting a Plat of Town Square Village Second Addition (Minor Subdivision) a replat of Lots 1, 2, 4, and part of Lots 3 and 5, Block 3 of Town Square Village Addition (Located at 3815, 3853, and 3921 Village Lane South and 4722 and 4752 38th Avenue South) (Town Square Properties, LLC):  APPROVED

Item 5b:      Hearing on a Petition requesting a Zoning Change from MR-1, Multi Dwelling to SR 4, Single Dwelling on Lots 1 and 2, Block 1 of the proposed Town Square Village Second Addition (Located at 3815, 3853, and 3921 Village Lane South and 4722 and 4752 38th Avenue South) (Town Square Properties, LLC):  APPROVED
(9:43 a.m.) Jim Hinderaker reviewed the staff report for the proposed minor subdivision and zone change.  He stated staff’s main concern is to preserve the existing landscape buffer with mature trees and vegetation through an easement on the plat.  He also mentioned staff is working with the Developer and the Park District to determine if a small tot park could be located on the property.  Mr. Hinderaker said the approval criteria have been met and staff is recommending approval.

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 Town Square Village Second Addition plat and zone change, as outlined within the staff report, 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.  Second by Ms. Wiley.  On call of the roll Members Ulferts-Stewart, Fremstad, Wiley, Vigesaa, Morrau, Slagle, and Paulsen voted aye.  Absent and not voting:  Members Palmes and Ruth.  The motion was declared carried.

Item 6:      Hearing on a Petition requesting a Conditional Use Permit in order to erect a telecommunication support tower up to 125 feet on portions of Section 1, Township 139 North, Range 49 West. (Located at 1407 7th Avenue North) (Jim Toay II):  APPROVED
(9:52 a.m.) Jim Hinderaker reviewed the staff report for the Conditional Use Permit (CUP) and stated review criteria have been met and staff is recommending approval.  As a point of clarification, he stated, Section 20-0402.N.3.1 does not permit telecommunications support structures (TSS) to be located closer than 300 feet from residentially zoned properties.  He said staff has interpreted this section of the Land Development Code to allow a TSS when a CUP is obtained.  He continued, Legal Counsel wants to review this interpretation, and therefore staff recommends that an approval be subject to legal review.

Jim Toay II, BNSF Railway Telecom Manager, asked for clarification regarding restrictions of locating a telecommunications support structure near a residential area.  He explained the tower is necessary to remove the dead spots in their existing coverage area in order to improve their operations and enhance their safety overlays.

Ms. Ulferts-Stewart moved the findings of staff be accepted and the proposed Conditional Use Permit be approved for a telecommunication support structure up to 125 feet in height within the GI, General Industrial zone district as it complies with Section 20-0909.D.(1-6) of the Land Development Code, subject to legal interpretation of the above mentioned issue.  Second by Mr. Morrau.  On call of the roll Members Fremstad, Wiley, Morrau, Vigesaa, Ulferts Stewart, Slagle, and Paulsen voted aye.  Absent and not voting:  Members Palmes and Ruth.  The motion was declared carried.

At 10:03 a.m. the Board took a five-minute recess.

After recess:  All Members present except Palmes and Ruth.  Chair Paulsen presiding.

Item 7:      Hearing on a Petition requesting a Planned Unit Development to amend the existing Planned Unit Development in order to bring the property into compliance with City of Fargo regulations for Lots 1, 2, 3, and 4 in Block 2 of Skaff’s First Addition. (Located at 1632, 1646, and 1674 51st Street South, 4902 16th Avenue South, and 4955 17th Avenue South) (Sam J. Skaff):  APPROVED
(10:09 a.m.) Mark Williams presented the staff report for the proposed modification of the original Planned Unit Development (PUD).  He stated the applicant is having a difficult time placing the previously proposed 226 residential dwelling units on this property because of fire code issues which mandate emergency vehicle circulation.  He stated Section 20-0302.E.1 allows up to 40 square feet of retail sales and service per dwelling unit and the application proposed that the number be increased to 65 square feet per dwelling unit.  Mr. Williams concluded stating all approval criteria have been met and staff is recommending approval.

Ms. Ulferts-Stewart moved the findings of staff be accepted and approval be recommended to the City Commission of the proposed amendment to the existing Planned Unit Development, on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0908.B.7 (a-e) and all other applicable requirements of the Land Development Code.  Second by Ms. Wiley.  On call of the roll Members Morrau, Fremstad, Wiley, Ulferts-Stewart, Vigesaa, Slagle, and Paulsen voted aye.  Absent and not voting:  Members Palmes and Ruth.  The motion was declared carried.

Item 8:      Hearing on a Petition requesting a Conditional Use Permit for a telecommunication support structure, 60 feet in height, on the east 180 feet of the north 225 feet of Lot 1, Block 1 of Fargo Baptist Addition. (Located at 3301 23rd Avenue South) (Laurence Vandel):  APPROVED
(10:16 a.m.) Mark Williams reviewed the petition for the conditional use permit stating the review criteria have been met and staff is recommending approval.

Ms. Wiley moved the findings of staff be accepted and the proposed Conditional Use Permit for a telecommunication support structure up to 60 feet in height within MR-2, Multi-Dwelling zoning as it complies with Section 20-0909.D (1-6) of the Land Development Code.  Second by Ms. Fremstad.  On call of the roll Members Ulferts-Stewart, Wiley, Morrau, Vigesaa, Fremstad, Slagle, and Paulsen voted aye.  Absent and not voting:  Members Palmes and Ruth.  The motion was declared carried.

Item 9:      Hearing on a Petition requesting a Plat of Microsoft Addition (Minor Subdivision), a replat of Lot 1, Block 2 of Great Plains Software Addition, and Lot 1, Block 3 of Prairie Tech Addition, and Lot 1, Block 1 of Vista Addition. (Located at 3800, 3900, and 4000 Great Plains Drive South and 4412 42nd Street South) (Matt Torgerson): CONTINUED TO AUGUST 13, 2008
This was the time and date set for a Hearing on a petition requesting a plat of Microsoft Addition; however, the Petitioner has requested that the Hearing be continued to August 13, 2008.

Item 10:      Hearing on a Petition requesting a Text Amendment to amend Article 20-02 Base Zoning Districts, and other applicable sections of Chapter 20 of the Fargo Municipal Code (Land Development Code) for the purpose of creating a new mixed-use zoning district, University Mixed-Use District.  The purpose of the new zoning district is to accommodate a variety of mixed-use project types in areas near downtown and university settings with access to transit.  The new zoning district includes use regulations, density standards, development standards to include parking, landscape, and building design. (City of Fargo):  CONTINUED TO AUGUST 13, 2008
(10:20 a.m.) Nicole Crutchfield presented the staff report for the proposed text amendment.  She stated she received a letter from the Roosevelt Neighborhood Association this morning outlining issues they would like the Planning Commission to consider.  Ms. Crutchfield said the University Mixed Use (UMU) District is intended to enhance the university neighborhood by providing for the location and grouping of compatible uses that are in proximity to institutes of higher learning.  She stated the primary objective of the zone district is to encourage higher overall density by incorporating design standards to achieve quality housing to support the adjacent university.  She outlined several standards for the proposed text amendment such as paving setbacks for parking lots in order to encourage walking space and movement, as well as restricting parking for residential to one stall per dwelling unit.

Discussion ensued regarding the parking plan.

Mr. Slagle questioned if the text amendment should be considered in conjunction with a parking plan.

Nicole Crutchfield said City of Fargo staff has been working diligently with NDSU, Transit and the neighborhood to formulate a parking plan.

Jim Laschkewitsch, Roosevelt Neighborhood Association Vice President, summarized the neighborhood’s concerns.  He said they are cautiously optimistic that the zoning proposal could be a tool for the Roosevelt neighborhood, NDSU, and the City of Fargo to achieve mutual goals.  He said, hopefully, this mixed-use zoning will alleviate pressure put on the neighborhood from NDSU and other institutions.  Mr. Laschkewitsch said Association members would like to encourage more single family dwellings.  He further stated Association members would like to see a specific boundary for the district and more communication as well as a partnership between NDSU, the neighborhood, including homeowners on the west side of Johnson Park, and the City of Fargo.  He said they are concerned with the restriction of one parking slot per unit pushing more problems into their neighborhood.

Ms. Crutchfield stated the first step before zoning any properties would be to look at the location and determine if it is appropriate as part of a neighborhood plan.  She said the residential parking permit program currently in place will need to be implemented.  Also, she stated, policing and enforcing new programs are going to be a part of a neighborhood study.

Jim Laschkewitsch stated a more uniform way of dealing with parking, more of a blanket approach, is needed and asked that it be handled at the same time as the zoning.  He said the neighborhood is in favor of the retail element, but does not want it to turn into a strip mall as they are trying to foster a nice, residential style of living.  He stated the Association would like to encourage even more green space and plantings than the proposal stipulates.  He said they would also like the City’s help with down-zoning the neighborhood to help restore it.  Mr. Laschkewitsch stated he would like one more possibility to interact with the Planning Commission before this is approved.  He feels it would benefit the neighborhood by creating a great university setting, taking pressure off of the neighborhood, and removing blight.

Mr. Slagle stated he would like to see an overview of this area, including the current parking restrictions, if this item is continued to August.

Chair Paulsen stated one of his concerns with this complex problem is he is uncomfortable with the sequencing of the issues taking place.

Nicole Crutchfield noted one issue to be addressed is the neighborhood area plan update and said staff wants to hold a kick-off neighborhood meeting this fall.
Sandra Holbrook, resident of Roosevelt neighborhood, stated her concern regarding parking issues and stressed the importance of communication between the City and the neighborhood, including those to the west of Johnson Park.
 
(Mr. Vigesaa absent.)

At 11:05 a.m. the Board took a five-minute recess.
After recess:  All Members present except Palmes, Ruth, and Vigesaa.  Chair Paulsen presiding.

Rick Holbrook, Roosevelt Neighborhood resident, stated his concern regarding the allowed building height and said parking needs to be addressed before approval is given.

Martha Berryhill, 1354 12th Street North, stated her concern regarding parking.  She said if adequate off-street parking is not provided, issues such as safety, street cleaning, snow removal, and creep will need to be addressed.

Jim Roers, Roers’ Development Inc., stated his support of the proposed UMU District and noted his concerns regarding building standards. 

(Ms. Fremstad absent.)

City Commissioner Mike Williams stated this proposal fits in well as an economic development tool.  He said he is encouraged to see bike paths are included, and cited the Metro Area Facilities Study which shows overall support for walking and biking trails. 

Senior Planner Bob Stein stated this proposal has many things in common with the downtown area.   He explained this type of zoning district works because the following three issues are present:    proximity to the university, mixed-use within a walking distance, and alternative transportation modes.  He said he agrees this is a good tool to create viable development.

In answer to a question posed by Mr. Slagle, City Engineer Mark Bittner stated one-ways with parking on one side of the street and a bike trail on the other have not been considered, but elimination of parking on one side of the street has.

NDSU Facilities Director Bruce Frantz stated NDSU endorses this plan.

Chair Paulsen said it is very important to receive broad-based input from the neighborhood and he is hopeful that if this item is continued to another month, broad-based representation would be present.  He suggested the Planning Commission continue this Hearing to August.

Mr. Morrau moved to continue the Hearing to the August 13, 2008 Planning Commission meeting.  Second by Ms. Ulferts-Stewart.  All Members present voted aye and the motion was declared carried.

The time at adjournment was 11:35 o’clock a.m.

Other Items
July 23, 2008 Brown Bag Luncheon
Topic:  Continued discussion of the proposed University Mixed-Use District