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Wednesday, June 13, 2007 at 8:00 a.m.

Fargo Planning Commission Regular Meeting
City Commission Chambers, City Hall
Web site: http://www.cityoffargo.com/planning/
Broadcast Live on TV Fargo
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 D
A:      Approve Order of Agenda
B:      Minutes:  Regular Meeting of May 9, 2007
C:      Jefferson Neighborhood Landscape Plan
D:      Presentation on the Downtown Framework Plan by Bob Stein.

Public Hearings 9:00 - 9:45 a.m. Items 1 through 6
1.      (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)

2.      (2007-05-02) Continued  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)

3.      (2007-05-03) Continued 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)

4.      (2007-06-04) Hearing on a Petition requesting a Conditional Use Permit to allow industrial use within a General Commercial zone district for property located on pending Lot 10, Block 3, South Forty at Osgood Second Addition. (Located at 53rd Street and 50th Avenue South) (Dr. Jim Carlson) (jh)

5.      (2007-06-05) Hearing on a Petition requesting a Plat  of Tower Park Plaza First Addition (Major Subdivision) a replat of the North 100 feet of Lot 20, all of Lots 21, 22, and 23, and the South 100 feet of Lot 24, Block 1, Village West Second Addition.  (Located at 45th Street and 11th Avenue South) (Zhen Fen Guo) (mw)

6.      (2007-06-06a) Hearing on a Petition requesting a Growth Plan Amendment to expand the existing commercial future land use classification located on portions of the NE quadrant and the NW quadrant of the intersection of I-29 and 52nd Avenue South. (Located at 3307, 3805, and 4005 52nd Avenue South) (Fred and Earlyne Hector) (jh)

(2007-06-06b) Hearing on a Petition requesting a Zoning Change from AG, Agricultural to GC, General Commercial located on portions of the NE quadrant and the NW quadrant of the intersection of I-29 and 52nd Avenue South. (Located at 3307, 3805, and 4005 52nd Avenue South) (Fred and Earlyne Hector) (jh)

Public Hearings 10:00 - 10:45 a.m. Items 7 through 13

7.      (2007-06-07) Hearing on a Petition requesting a Zoning Change from SR-4, Single-Dwelling Residential to MR-1, Multi-Dwelling Residential on Lots 1-16, Block 1 of Woytassek Addition. (Located at 5212, 5234, 5256, 5278, 5318, 5340, 5362, 5384, 5416, 5438, 5460, 5482, 5504, 5512, 5520, and 5528 Bishops Boulevard South) (bm)

8.      (2007-06-08) Hearing on a Petition requesting a Zoning Change from MR-1/SR-3, Multi-Dwelling Residential/Single-Dwelling Residential to SR-4, Single-Dwelling Residential on Lot 13 and 14, Block 1 of Woodhaven 4th Addition. (Located at 4715 and 4737 44th Street South) (Floyd Savageau) (mw)

9.      (2007-06-09) Hearing on a Petition requesting a Plat of Agassiz Crossing Third Addition (Major Subdivision) a replat of Lots 4, 5, and 6, Block 1 and Lots 2, 3, and 4, Block 2 of Agassiz Crossing First Addition. (Located West of the intersection of Agassiz Crossing and 23rd Avenue South about 460 feet) (Dan Marty) (mw)

10.      (2007-06-10a) Hearing on a Petition requesting a Plat of Maple Valley Addition (Major Subdivision) for initial platting and subdivision of portions of the South half of Section 2, Township 138 North, Range 49 West. (Located North of 64th and East of I-29) (Michael Domitrovich) (jh)

(2007-06-10b) Hearing on a Petition requesting a Zoning Change from AG, Agricultural to SR-2, Single-Dwelling Residential on Lots 1 through 41, Block 1; Lots 1 through 11 and 13 through 22, Block 3; Lots 1 through 16, Block 4; Lots 25 through 40, Block 5; Lots 32 through 45, 47 through 70, and 72 through 81, Block 8; to SR-3, Single-Dwelling Residential on Lots 43 through 69, Block 1; Lots 1 through 10, Block 2; Lots 1 through 36; Block 6; to SR-4, Single-Dwelling Residential on Lots 1 through 24, Block 5; Lots 2 through 31, Block 8; to LC, Limited Commercial on Lot 53, Block 1; Lots 21 and 22, Block 6; Lot 2, Block 7; Lot 1, Block 8; and to P/I, Public and Institutional on Lot 42, Block 1; Lot 13, Block 3; Lots 46, 71, 82, and 83, Block 8 of Maple Valley Addition (Located North of 64th and East of I-29) (Michael Domitrovich) (jh)

(2007-06-10c) Hearing on a Petition requesting a Growth Plan Amendment to modify portions of the existing Low Density Residential Equestrian Oriented and Low/Medium Density Residential to Commercial located on portions of the South half of Section 2, Township 138 North, Range 49 West. (Located North of 64th and East of I-29) (Michael Domitrovich) (jh)

11.      (2007-06-11) Hearing on a Petition requesting a Text Amendment to eliminate part of Section 20-0505 A.3 restricting building height within MR-3 zoning districts. (City of Fargo) (mw) ACCELERATED

12.      (2007-06-12) Hearing on a Petition requesting a Zoning Change from MR-3, Multi-Dwelling Residential to SR-4, Single-Dwelling Residential for the South 90 feet of the East 6 feet of Lot 11 and the South 90 feet of Lot 12, Block 37 of Northern Pacific Addition. (Located at 901 5th Avenue South) (Kim C. Kraft) (jh)

13.      (2007-06-13) Hearing on a Petition requesting a Conditional Use Permit to allow some limited commercial uses (i.e. wine tasting events, receptions, and small parties) that compliment your winery located on the corner of 88th Avenue South and 25th Street South. (Located at 8800 and 8914 25th Street South) (Rodney Ballinger) (jh)

Other Items
Brown Bag Luncheon – Wednesday, June 27, 2007

 

Fargo Planning Commission
Regular Meeting
Wednesday, June 13, 2007, 8:00 a.m.

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

Absent:      Terry Nordenstrom
 
Chair Paulsen called the meeting to order. (8:00 a.m.)

Item A: Approve Order of Agenda (8:01 a.m.)
Commissioner Brodshaug moved to approve the Order of Agenda as presented. Second by Ulferts-Stewart. All Commissioners present voted aye and the motion was declared carried.

Item B: Minutes:  Regular Meeting of May 9, 2007 (8:01 a.m.)
Commissioner Fremsted moved to approve the Minutes of the May 9, 2007 Planning Commission meeting. Second by Ruth. All Commissioners present voted aye and the motion was declared carried.

C:      Jefferson Neighborhood Landscape Plan (8:02 a.m.)
Mr. Mahar presented information on a proposed landscape plan for the Jefferson neighborhood area. The initiative began when Dawn Morgan, president of the Jefferson Neighborhood Association came to the Planning, Park, and Forestry Departments with the hopes of improving the area in a positive way by adding amenities to enhance the neighborhood.

In response, the Planning and Development Department proposed: an addition of trees to buffer the playground and filter views into the park from residential areas; an enhanced walking trail using trees to create a tunnel-like effect for people using the trail; replacement of dead and/or dying trees; and to refurbish picnic tables. To keep synchronization between the North and South, vegetation and perhaps more efficient sidewalk crossings will be used to continue the flow through. Another idea is to replicate the park district by placing a sign montage at the entrance. Although the trails are a closed system, it does provide a good route through the neighborhood.

Understanding that the park and amenities are for storm water retention and leisure purposes, Commissioner Wiley suggested to use natural plantings instead of turf for future planning and to go through the park board and engineering. 

Commissioner Ulferts-Stewart questioned whether there will there be a master plan in regards to the park and the lands the city owns. Mark Bittner responded that when an area becomes part of a flood protection it is rolled into a master plan. Commissioner Wiley and Chair Paulsen both concur that there should be a planting plan for the purpose of connectivity throughout the city.

D:      Presentation on the Downtown Framework Plan by Bob Stein. (8:17 a.m.)
The draft for the Downtown Framework Plan is currently in the final stages. Bob Stein informed the Commission that changes have been made in the Municipal Code regarding the use of bikes on Broadway. Individuals may ride their bikes unless they are in a designated safety zone area where individuals are required to walk their bike. Language has been added stating the dismount area is from 6th Avenue North to NP. A public meeting is scheduled tonight at the Fargo Theater to discuss this plan.

If an individual does not want to walk their bike, there are alternative routes. The intent is to inform and educate the public, making it safe for those on Broadway. Since bicyclists are allowed to use a full lane, we also need to educate automobile drivers and perhaps adjust the speed limit to coincide with the proposed plan. Signs relating to the Downtown Framework Plan were discussed as well. Mr. Stein gave several visual examples of signs that could be used. One favorable option is to do stenciling at each sidewalk entrance.

It was also discussed that bike racks will be attached to downtown streets and bike lockers will be installed in some areas for an approximate charge of $10 per month.

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

1.      (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) APPROVED: (8:54 a.m.)
Jim Hinderaker presented information on the petition requesting a Plat of the District of Fargo Addition. Staff has reviewed the amenities plan but has not finalized the design standards. Staff is working with Wal-Mart in regards to these design standards. Wal-Mart and the petitioner are working to acquire land which has not been reviewed by staff. Staff would like this portion completed, and will then bring all components and design standards to the City Commission Meeting in mid-July.

Vigesaa moved to accept the findings and recommendations of staff and recommend approval of the major subdivision to the City Commission with the understanding to review and approve design standards in July. Second by Wiley. On call of the roll Commissioners Fremstad, Vigesaa, Wiley, Ruth, Ulferts-Stewart, Brodshaug, Slagle, Morrau, and Paulsen voted aye. The motion was declared carried.

2.      (2007-05-02) Continued  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. APPROVED: (9:03 a.m.)
This petition was staff initiated based on concern residents have had on how they can use their property. The Text Amendment is a way to accommodate land owners to utilize their properties in ways other than Agricultural. No non-farm commercial use is allowed unless it has been reviewed and approved in accordance with the Conditional Use Review procedures of Section 20-0909.

Currently, there is no other process that allows other uses within an Agricultural zone. The area of focus is to look at approval criteria in extra territorial areas and other services not under city control. It is strongly encouraged to include township approval and maintain balance.

According to Jim Gilmour, the Inspections Department has jurisdiction over these areas. If owners fail to comply we would direct them to the City Attorney. This might reduce some code enforcement issues we are already facing. We could also have written approval or denial of those affected in the extra territorial area to present to this body.

Commissioner Brodshaug questioned whether there were rulings stating the need to inform area residents within a particular buffer zone of any Conditional Use Permit being applied for. Gilmour responded that more detailed questions could be given in the application, that we make sure townships and counties are notified and that the Land Development Code could be modified to reflect the decision of this petition.

Vigesaa moved to accept the findings of staff, and recommend to the City Commission approval of the Text Amendment as outlined within the staff report providing agencies and service providers can provide additional and extended services and give notification within a one mile radius. Second by Ruth. On call of the roll Commissioners Wiley, Fremstad Slagle, Vigesaa, Ruth Ulferts-Stewart, Brodshaug, and Paulsen voted aye. Morrau voted nay. The motion was declared carried.

3.      (2007-05-03) Continued 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) APPROVED: (9:39 a.m.)
Mark Williams presented information on the request for a Zoning Change. Staff has proposed a list of conditions to appeal to truck parking, loading dust, and for vehicular circulation. Now, the Zoning Change meets all conditions as required. Property owners received notification of these changes last month and there is no opposition.

Brodshaug moved to accept the findings of staff and recommend to the City Commission approval of the Zoning Change from MR-3 to LI on Lots 3-5, Block 1, 45th Street Park 3rd Addition with the proposed conditional overlay. Second by Ulferts-Stewart. On call of the roll Slagle, Vigesaa, Fremstad, Brodshaug, Morrau, Ruth, Ulferts-Stewart, Wiley, and Paulsen voted aye. The motion was declared carried.

4.      (2007-06-04) Hearing on a Petition requesting a Conditional Use Permit to allow industrial use within a General Commercial zone district for property located on pending Lot 10, Block 3, South Forty at Osgood Second Addition. (Located at 53rd Street and 50th Avenue South) APPROVED: (9:43 a.m.)
Mr. Hinderaker presented information on the petition. Staff feels that the approval criteria has been met.

Ulferts-Stewart moved to accept the findings of staff and approve the Conditional Use Permit for industrial use in a GC, General Commercial zoning district subject to the conditions of approval in the staff report. Second by Wiley. On call of the roll Commissioners Vigesaa, Morrau, Brodshaug, Ulferts-Stewart, Ruth, Fremstad, Wiley, Slagle, and Paulsen voted aye. The motion was declared carried.

5.      (2007-06-05) Hearing on a Petition requesting a Plat  of Tower Park Plaza First Addition (Minor Subdivision) a replat of the North 100 feet of Lot 20, all of Lots 21, 22, and 23, and the South 100 feet of Lot 24, Block 1, Village West Second Addition.  (Located at 45th Street and 11th Avenue South) APPROVED: (9:46 a.m.)
Mark Williams presented.information on the Tower Park Plaza First Addition Subdivision. The proposal meets all criteria.

Fremstad moved to accept the findings of staff and recommend approval of the Tower Park Plaza First Addition to the City Commission. Second by Ruth. On call of the roll Commissioners Ulferts-Stewart, Brodshaug, Fremstad, Wiley, Slagle, Vigesaa, Morrau, Ruth, and Paulsen voted aye. The motion was declared carried.

6.      (2007-06-06a) Hearing on a Petition requesting a Growth Plan Amendment to expand the existing commercial future land use classification located on portions of the NE quadrant and the NW quadrant of the intersection of I-29 and 52nd Avenue South. (Located at 3307, 3805, and 4005 52nd Avenue South) (2007-06-06b) Hearing on a Petition requesting a Zoning Change from AG, Agricultural to GC, General Commercial located on portions of the NE quadrant and the NW quadrant of the intersection of I-29 and 52nd Avenue South. (Located at 3307, 3805, and 4005 52nd Avenue South) DENIED: (9:55 a.m.)
Mr. Hinderaker presented information and gave handouts from the Kennedy meeting regarding this petition. The Hector’s initiated this Growth Plan petition. The petition deals with the eastern line of the Hector property. Changes have been made to realign the frontage road on both sides of Interstate 29. A request has been made for more office space 300 feet north of the frontage road. It is then necessary to determine how much retention is needed for commercial space. The petitioner is asking for 45 acres to get additional office space 500 feet east of the Interstate. Commissioner Vigessa felt that anything more than that would be detrimental to the existing residential area.

Jonathan Garaas, the attorney representing the Hector’s, spoke in regards to the Growth Plan Amendment and Zoning Change. He suggested we look at our process for Zoning Changes. In order to comply with a Zoning Change a Growth Plan Amendment process needs to take place.

Mr. Garaas also described the complete vision the Hector’s have for these areas. They envision an interchange that never needs reconstruction, an area with no traffic jams, many lanes, a two-lane all weather road with broad expanses of grass or trees and bike trails, a gorgeous introduction to Microsoft for major commercial development, and landscaped commercial areas on both sides of the interchange.

Commissioner Fremsted stated her concern about this continual process. She suggested we find a solution or table everything until a developer can propose a plan according to design standards.

John Strinden, area resident, stated his concern that the proposal will reduce the neighborhood’s property value. He stressed that we continue to balance the interests of both parties and requests that the Commission deny the proposal

Fremstad moved to accept the findings of staff and recommend denial to the City Commission of the Growth Plan Amendment and deny the West Growth Plan Amendment as it does not satisfy the approval criteria and the Zone Change request does not satisfy Section 20-0906.F.1, Section 20-0906.F.3, and 20-0906.F.4 of the Land Development Code. Second by Wiley. On call of the roll Commissioners Ruth, Fremstad, Wiley, Morrau, Vigesaa, Brodshaug, Ulferts-Stewart, Slagle, and Paulsen voted aye. The motion was declared carried.

Public Hearings 10:00 - 10:45 a.m. Items 7 through 13

7.      (2007-06-07) Hearing on a Petition requesting a Zoning Change from SR-4, Single-Dwelling Residential to MR-1, Multi-Dwelling Residential on Lots 1-16, Block 1 of Woytassek Addition. (Located at 5212, 5234, 5256, 5278, 5318, 5340, 5362, 5384, 5416, 5438, 5460, 5482, 5504, 5512, 5520, and 5528 Bishops Boulevard South) TABLED: (11:19 a.m.)
Bill Mahar presented information on the staff report. The proposed change would allow up to 55 units. However, 38 percent of the land is in protest. A petition has been submitted along with a map of the protested area. If the petition is approved, there are residential protection standards that need to be followed.

Mike Sells, from Moore Engineering, stated that some private drives in the back of the property have been eliminated. There is one space used for a turnaround with a dumpster on the end.

Jeff Lewis, Greenfield resident, stated he has a problem with the density of this request. The change would cause more problems and traffic is already heavy due to Shanley. There are 13 driveways on twin homes already. Originally, the plan was to build behind the road, this plan would compound the problem. He is also concerned about children with a dumpster truck driving around. In addition, trees that he has pruned for 15 years in his backyard would be eliminated. The trees go into the property line about 20 feet. He urged the Commission to deny this request.

Terry Richardson, Greenfield resident, is also opposed to what is proposed. He stated he wants single family homes. He mentioned that due to time constraints, others that are opposed have left the meeting without having a chance to respond.

Brock Storson, from Moore engineering, stated that the plan includes 5 more units. Today, the land is vacant but cannot be developed with the collector road in the rear. This proposal would allow for a way to develop the land. The trees, however, would need to be removed if the road goes in.

Dave Noah commented that he understands the density issues but feels it’s a good fit and thinks the land should be developed.

Norma Austin is opposed to the very dense development. She is concerned about additional vehicles and where they will be parked. There is also no greenspace for children to play. She would like to see a fence with dense plantings, and the housing modified to a 6-plex which would give a 50 foot line from the property. She questioned why we have driveways on one end and a collector road on the other end. She struggles with finding owners to contact on who is doing the changes. She also asked if there are any other areas in Fargo that parallels this type of property.

Mike Sells stated the original proposal was for twin homes. The parking requirements are being met. There will be some street parking, an existing 10 foot utility easement (which will also be vegetation easement), and storm sewer inlets.

Morrau made a motion to recommend a lower number of units and deny the petition. Second by Slagle. All Commissioners present voted nay and the motion failed. Brodshaug made a motion to vote against denial but approve the findings of staff and recommend approval of the Zoning Change to MR-1, with a restriction on density, to the City Commission. Second by Paulsen. On call of the roll Commissioners Brodshaug, Ulferts-Stewart, Ruth, Wiley, Morrau, Slagle, Vigesaa, Fremstad, and Paulsen voted aye. The motion was declared carried.

8.      (2007-06-08) Hearing on a Petition requesting a Zoning Change from MR-1/SR-3, Multi-Dwelling Residential/Single-Dwelling Residential to SR-4, Single-Dwelling Residential on Lot 13 and 14, Block 1 of Woodhaven 4th Addition. (Located at 4715 and 4737 44th Street South) APPROVED: (12:21 p.m.)
Mark Williams presented information on the staff report.

Wiley moved to accept the findings of staff and recommend approval of the Zoning Change from MR-1/SR-3 to SR-4 on lots 13 and 14, Block 1, Woodhaven Fourth Addition to the City Commission. Second by Ulferts-Stewart. On call of the roll Commissioners Wiley, Brodshaug, Fremstad, Ruth Morrau, Ulferts-Stewart, Vigesaa, and Paulsen voted aye. The motion was declared carried.

9.      (2007-06-09) Hearing on a Petition requesting a Plat of Agassiz Crossing Third Addition (Major Subdivision) a replat of Lots 4, 5, and 6, Block 1 and Lots 2, 3, and 4, Block 2 of Agassiz Crossing First Addition. (Located West of the intersection of Agassiz Crossing and 23rd Avenue South about 460 feet) CONTINUED:
This item has been continued to the July 11, 2007 Planning Commission meeting at the request of the petitioner.

10.      (2007-06-10a) Hearing on a Petition requesting a Plat of Maple Valley Addition (Major Subdivision) for initial platting and subdivision of portions of the South half of Section 2, Township 138 North, Range 49 West. (Located North of 64th and East of I-29) (2007-06-10b) Hearing on a Petition requesting a Zoning Change from AG, Agricultural to SR-2, Single-Dwelling Residential on Lots 1 through 41, Block 1; Lots 1 through 11 and 13 through 22, Block 3; Lots 1 through 16, Block 4; Lots 25 through 40, Block 5; Lots 32 through 45, 47 through 70, and 72 through 81, Block 8; to SR-3, Single-Dwelling Residential on Lots 43 through 69, Block 1; Lots 1 through 10, Block 2; Lots 1 through 36; Block 6; to SR-4, Single-Dwelling Residential on Lots 1 through 24, Block 5; Lots 2 through 31, Block 8; to LC, Limited Commercial on Lot 53, Block 1; Lots 21 and 22, Block 6; Lot 2, Block 7; Lot 1, Block 8; and to P/I, Public and Institutional on Lot 42, Block 1; Lot 13, Block 3; Lots 46, 71, 82, and 83, Block 8 of Maple Valley Addition (Located North of 64th and East of I-29) (2007-06-10c) Hearing on a Petition requesting a Growth Plan Amendment to modify portions of the existing Low Density Residential Equestrian Oriented and Low/Medium Density Residential to Commercial located on portions of the South half of Section 2, Township 138 North, Range 49 West. (Located North of 64th and East of I-29) APPROVED: (12:26 p.m.)
Jim Hinderaker presented information on the petition and presented comments from the open house. The current Growth Plan features low density equestrian use. The request is for commercial balanced with low density single family, with natural and open water features on the eastern side. Staff feels that the request meets requirements

The Plat proposes 286 lots abutting Frontier from SR-2 to SR-4. 150 lots are SR-2 with twin homes to buffer against the commercial. There is a high probability of having an overpass. If there is 300 acres of commercial use there will also be a high probability for an interchange. A concern is to provide a connection from 64th and the subdivision. Staff is working with the petitioner and the park on an amenities plan. The City may have to absorb the cost of maintaining the frontage road until access points happen and roads come in.

Mark Bittner stated we are working with a connection of 31st Street to Maple Valley Drive. This is crucial due to the condition of the frontage road. All but 15 feet will be paved. But, we need to do it in a way to avoid cut through traffic.

Vigesaa moved to accept the findings of staff and recommend approval to the City Commission of the proposed Growth Plan amendment, major subdivision and zoning change as it complies with the approval criteria set forth in the Land Development Code. Second by Ruth. On call of the roll Commissioners Morrau, Brodshaug, Slagle, Vigesaa, Ruth, Ulferts-Stewart, Wiley, Fremstad, and Paulsen voted aye. The motion was declared carried.

11.      (2007-06-11) Hearing on a Petition requesting a Text Amendment to eliminate part of Section 20-0505 A.3 restricting building height within MR-3 zoning districts. ACCELERATED APPROVED: (12:23 p.m.)
Mark Williams gave an explanation on the request. Basically, the request is to eliminate the last sentence of section 20-0505 A.3 and amend the section of code that pertains to bonus density codes.

Vigesaa moved to accept the findings of staff, and recommend to the City Commission approval of the Text Amendment as outlined within the staff report to amend Section 20-0505.A.3 of Chapter 20 of the Fargo Municipal Code (Land Development Code). Second by Morrau. On call of the roll Commissioners Wiley, Fremstad, Slagle, Vigesaa, Ruth, Ulferts-Stewart, Brodshaug, Morrau, and Paulsen voted aye. The motion was declared carried.

12.      (2007-06-12) Hearing on a Petition requesting a Zoning Change from MR-3, Multi-Dwelling Residential to SR-4, Single-Dwelling Residential for the South 90 feet of the East 6 feet of Lot 11 and the South 90 feet of Lot 12, Block 37 of Northern Pacific Addition. (Located at 901 5th Avenue South) APPROVED: (12:46 p.m.)
Mr. Hinderaker presented information on the staff report. The petitioner would like to build a garage on the property and bring the garage closer to the sidewalk. Currently, the land is zoned as multi-family and limits use. This Zoning Change actually brings more compliance to the district and is more appropriate in terms of set backs.

Wiley moved to accept the findings and recommendations of staff and hereby recommend to the City Commission approval of the zoning change from MR-3 to SR-4 for the south 90 feet of the east 6 feet of Lot 11 and the south 90 feet of Lot 12, Block 37, Northern Pacific Addition on the basis that review criteria of Section 20-0906.F (1-4) has been met. Second by Morrau. On call of the roll Commissioners Slagle, Vigesaa, Fremstad, Brodshaug, Morrau, Ruth, Ulferts-Stewart, Wiley, and Paulsen voted aye. The motion was declared carried.

13.      (2007-06-13) Hearing on a Petition requesting a Conditional Use Permit to allow some limited commercial uses (i.e. wine tasting events, receptions, and small parties) that compliment your winery located on the corner of 88th Avenue South and 25th Street South. (Located at 8800 and 8914 25th Street South) TABLED: (12:52 p.m.)
In light of actions earlier in the meeting, Ms. Roscoe recommended to table the petition requesting a Conditional Use Permit for the August hearing.

Morrau moved to accept the findings and recommendation of staff and hereby table the Petition for a Conditional Use Permit. Second by Fremstad. All Commissioners present voted aye. The motion was declared carried.

Other Items
Brown Bag Luncheon – Wednesday, July 25, 2007

The time at adjournment was 12:54 p.m.