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Wednesday, March 12, 2008 at 8:00 a.m.

Fargo Planning Commission Regular Meeting

City Commission Chambers, City Hall

Agenda

*REVISED 3/10/08 - Addition of Item E

8:00 a.m. to 8:45 a.m.   Items A through E

A:   Approve Order of Agenda

B:   Minutes:  Regular Meeting of February 13, 2008

C:  Update on Tyler Brandt property located south of 32nd Ave S and west of 45th St S

D:  Resolution of Appreciation for Terry Nordenstrom

E:  Review Proposed Annexation in Section 12 of Stanley Township

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

1.      Hearing on a Petition requesting a Conditional Use Permit to allow non-farm commercial uses (i.e. wine tasting events, receptions, and parties) that compliment the Bear Creek Winery on portions of the NW1/4 of the NW1/4 of the NW1/4, Section 24, Township 138 North, Range 49 West. (Located at 8800 and 8914 25th Street South) (Rod Ballinger) (jh)

2.      Hearing on a Petition requesting a Zoning Change from LC, Limited Commercial to DMU, Downtown Mixed-Use for properties located at 812 and 820 Broadway North, 601, 617, and 717 4th Street North; from MR-3, Multi-Dwelling to DMU, Downtown Mixed-Use for properties located at 608, 614, and 620 9th Avenue North, 719, 727, 731, and 815 7th Street North, 315 and 613 7th Avenue North, 624 and 701 4th Street North, 601 5th Street North; from P/I, Public and Institutional to DMU, Downtown Mixed-Use for properties located at 604 and 619 Broadway North. (City of Fargo) (mw)

3.      Hearing on a Petition requesting a Conditional Use Permit to allow for a Parking Reduction on Lot1, Block 1, Bethany South First Addition. (Located at 2955 42nd Street South) (Bethany Homes, Inc.) (mw)

4.      Hearing on a Petition requesting a Zoning Change from SR-3, Single-Dwelling to LC, Limited Commercial for property at 1330 13 1/2 Street South; and from SR-3, Single-Dwelling, MR-2, Multi-Dwelling, and LC, Limited Commercial to LC, Limited Commercial for property located at 1315 University Drive South. (HCR-ManorCare) (mw):  CONTINUED

Hearing on a Petition requesting a Conditional Use Permit to allow for a Parking Reduction on Lots 3 through 9, Less the east 10 feet of right-of-way, and Lots 17 through 24, Block 1, Morton & Dotys Addition:  CONTINUED

5.      Hearing on a Petition requesting a Zoning Change from AG, Agricultural to GC, General Commercial on the west half of the northwest quarter of Section 14, Township 138 North, Range 49 West, less North Dakota Department of Transportation property (Interstate 29). (Located at 3598 76th Avenue South) (Harold Newman) (nc)

Public Hearings 10:00 a.m. to 10:45 a.m. Items 6 through 11

6.      Hearing on a Petition requesting a Vacation Plat to vacate 8th Streetlying between 2nd and 3rd Avenue Northand 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): CONTINUED

7.      Hearing on a Petition requesting a Zoning Change from GI, General Industrial to LI, Limited Industrial on the south 180 feet of the north 364 feet of the east 410 feet of Lot 6, Arndts-Devener Subdivision.  (Located at 922 40th Street North) (Dave Lerud)  (nc)

8.      Hearing on a Petition requesting a Plat of Country Meadows Second Subdivision (Major Subdivision) in the Extraterritorial Limits of the City of Fargo; a Replat of Lots 1 and 2, Block 1, and a Vacation of 25th Street Southin Country Meadows Subdivision of Part of the southeast quarter of Section 14, Township 138 North, Range 49 West. (Located at 8417 and 8505 25th Street South) (Ivar and Becky Berge) (jh)

9.   Hearing on a Petition requesting a Plat of Dakota Boys & Girls Ranch Subdivision (Major Subdivision), an Unplatted Portion of the east half of the northwest quarter, Section 13, Township 138 North, Range 49 West.  (Located at 2038 76th Avenue South ) (Philip Stahl) (jh)

Hearing on a Petition requesting a Zoning Change from AG, Agricultural to MR-3, Multi-Dwelling on Lots 1 & 2, Block 1, and Lot 1, Block 2; and from AG, Agricultural to SR-4, Single-Dwelling on Lots 2 and 3, Block 2 of the proposed Dakota Boys & Girls Ranch Subdivision.

10.Hearing on a Petition requesting a Text Amendment to amend Section 20-0906, Subparagraph G.2 of Article 20-09 of Chapter 20 (Land Development Code) of the Fargo Municipal Code that stipulates that zone change protest petitions must be submitted for validation 7 days prior to the scheduled City Commission Public Hearing.  (City of Fargo ) (jh) WITHDRAWN

11.Hearing on a Petition requesting a Text Amendment to amend Section 20-1002, Subparagraph D.3 of Article 20-10 of Chapter 20 (Land Development Code); Section 20-1004, Subparagraph B.1 of Article 20-10 of Chapter 20 (Land Development Code) of the Fargo Municipal Code that allows legal nonconforming residential uses/structures to be rebuilt if damaged or destroyed by more than 50 percent of the structure’s value. (City of Fargo ) (jh)

Other Items

March Brown Bag Luncheon – Wednesday, March 26, 2008

 

BOARD OF PLANNING COMMISSIONERS
MINUTES

Regular Meeting: Wednesday: March 12, 2008:

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, March 12, 2008.

The Commissioners present or absent were as shown following:

Present:     John Paulsen, Mark Brodshaug, Kristi Fremstad, Peggy Palmes, Rich Slagle, Jan Ulferts-Stewart, Claire Vigesaa, Catherine Wiley

Absent:      Jeff Morrau, Kelly Ruth

Chair Paulsen called the meeting to order.

Chair Paulsen welcomed Peggy Palmes as a new Planning Commissioner.

Item A:  Approve Order of Agenda
Chair Paulsen noted Item Nos. 4 and 6 will be continued to the April 9th, 2008 Planning Commission meeting.  He also stated Item No. 10 has been withdrawn at the request of the petitioner and the March 26, 2008 Brown Bag meeting will be held at the new Cass County Electric facility, 3312 42nd Street South.  Ms. Fremstad moved to approve the Order of Agenda as presented.  Second by Ms. Ulferts Stewart.  All Members present voted aye and the motion was declared carried.

Item B:  Minutes:  Regular Meeting of February 13, 2008
Ms. Fremstad moved to approve the minutes of the February 13, 2008 Planning Commission meeting.  Second by Mr. Vigesaa.  All Members present voted aye and the motion was declared carried.

Item C:  Update on Tyler Brandt property
Mark Williams reviewed the approved Conditional Overlay which was divided into 2 areas; MR-3, Multi-Dwelling and LC, Limited Commercial.  He stated the Conditional Overlay addresses massing of dwelling units, building entrances/orientations, signage, landscaping, lighting, building materials and details, park acreage, pedestrian access/corridors, parking, and mixed use features.  Mr. Williams stated that today half of the property is platted and under development, all projects approved on the north half have followed the Conditional Overlay, and the Conditional Overlay continues to apply to the entire site.  He said the Conditional Overlay has not been modified since it was originally approved.  He continued, the proposal to develop the south half of the property is different than previously proposed and the applicant is interested in removing or modifying the Conditional Overlay that applies.

Mr. Williams summarized the following Developer’s concerns with the overlay:  the MR-3, Multi Dwelling overlay prohibits traditional high density residential, areas of the Conditional Overlay are open to interpretation, it does not lend to cost effectiveness of efficient land use; and the LC, Limited Commercial overlay is more difficult to get approval based on pedestrian oriented requirements, the sign portion is too restrictive, it creates a time consuming process, and increases development costs.

Mr. Williams concluded the presentation with the following options for the Board’s consideration:  1) leave the Conditional Overlay in place with no changes, 2) remove the Conditional Overlay in its entirety, 3) apply the Conditional Overlay on a portion of the property for transitional purposes, or 4) work with the developer and create a new Conditional Overlay.

Planning Director Jim Gilmour stated staff does not want to get rid of the overlay and believes some overlays can accomplish a good design without being so lengthy and detailed.  He said staff is most concerned with what kind of transition will be between residential and commercial and how the transition will occur.  He stated some of the initial concerns may be addressed as the details are worked through.

Mr. Vigesaa voiced his thoughts on sustaining consistency along 32nd Avenue and 45th Street South.
 
Mr. Steve Iverson, Paces Lodging, submitted a communication to the Board asking for clarification on the language of the Conditional Overlay.  He stated he would be happy to help staff and the Board draft new language for a Conditional Overlay that is quantifiable and attainable.

Mr. Gilmour stated the City is willing to work on language to establish standards that will be easy to work with.

Item D:  Resolution of Appreciation for Terry Nordenstrom
Ms. Ulferts-Stewart moved to approve the Resolution of Appreciation for Terry Nordenstrom.  Second by Ms. Wiley.  All Commissioners present voted aye and the motion was declared carried.

At 8:55 a.m. the Board took a five-minute recess.
After recess:  All Commissioners present except Morrau and Ruth.  Chair Paulsen presiding.

Item E:  Review Proposed Annexation in Section 12 of Stanley Township
In observance of the 9:00 a.m. hour for which Hearings had been published, discussion on this item took place later in the meeting.

Item #1:  Hearing on a Petition requesting a Conditional Use Permit to allow non farm commercial uses (i.e. wine tasting events, receptions, and parties) that compliment the Bear Creek Winery on portions of the NW1/4 of the NW1/4 of the NW1/4, Section 24, Township 138 North, Range 49 West. (Located at 8800 and 8914 25th Street South) (Rod Ballinger):  APPROVED
(9:00 a.m.) Jim Hinderaker presented the staff report for the proposed Conditional Use Permit and reviewed the background of the request.  He stated the applicant is bringing the building into compliance through the City’s Inspections Department.  He explained that winery is an allowed use in terms of production of grapes, processing, bottling, and selling wine.  The point of consideration, he explained, is that staff wants to make sure commercial use of events being held on the facility is addressed through the Conditional Use Permit.   He stated staff is recommending approval.

The Petitioner declined commenting on the application.

Richard Stearns, 2905 88th Avenue South, stated his concerns about wine tasting events, receptions/parties, and alcohol consumption.

Mr. Hinderaker stated the Cass County Sheriff’s office did not have any objection to the alcohol licensure.  He said this is an agricultural industry and will generate tourism.  He explained this will operate more like an events facility, not a tavern.  He stated he does not perceive noise to be an issue with this proposal and said this was addressed with the Petitioner who cited a Cass County noise ordinance.
Ms. Fremstad stated she is unclear of who has jurisdiction over alcohol compliance checks.

City Attorney Erik Johnson stated Cass Public Health would be in charge of compliance checks.
There was discussion regarding noise concerns.

Dr. James Carlson, 1649 Round Hill Drive, expressed his support of the proposal.

Jeff Jones, area resident, stated sound is not an issue.  He said he sees this as a nice addition to North Dakota.

Mr. Vigesaa moved the findings and recommendations of staff be accepted and the Conditional Use Permit be approved as it meets the approval criteria of Section 20-0909.D (1-6) of the Land Development Code.  Second by Ms. Ulferts-Stewart.

Mr. Brodshaug asked if there is an opportunity for staff to provide input to the Cass County Commission in consideration of the liquor license. 

Mr. Hinderaker stated Cass County staff is seeking a letter from the City of Fargo that says the zoning is in place before they will consider the liquor license request.  He offered to relay the information and concerns raised to the Cass County Commission.

On call of the roll Members Fremstad, Vigesaa, Wiley, Ulferts-Stewart, Brodshaug, Palmes, Slagle, and Paulsen voted aye.  Absent and not voting:  Morrau and Ruth.  The motion was declared carried.

Item #2: Hearing on a Petition requesting a Zoning Change from LC, Limited Commercial to DMU, Downtown Mixed-Use for properties located at 812 and 820 Broadway North and 601, 617, and 717 4th Street North; from MR-3, Multi-Dwelling to DMU, Downtown Mixed-Use for properties located at 608, 614, and 620 9th Avenue North, 719, 727, 731, and 815 7th Street North, 315 and 613 7th Avenue North, 624 and 701 4th Street North, and 601 5th Street North; from P/I, Public and Institutional to DMU, Downtown Mixed-Use for properties located at 604 and 619 Broadway North (Keeney & Devitts 2nd Addition) (City of Fargo):  APPROVED
(9:31 a.m.) Mark Williams summarized the staff report for the proposed Zoning Change and stated staff is recommending approval.

Mr. Brodshaug moved the findings of staff be accepted and approval be recommended to the City Commission of the proposed zoning change, as outlined within the staff report, 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 Ms. Wiley.  On call of the roll Members Wiley, Fremstad, Palmes, Vigesaa, Ulferts-Stewart, Brodshaug, Slagle, and Paulsen voted aye.  Absent and not voting:  Morrau and Ruth.  The motion was declared carried.

Item #3:  Hearing on a Petition requesting a Conditional Use Permit to allow for a Parking Reduction on Lot 1, Block 1, Bethany South First Addition. (Located at 2955 42nd Street South) (Bethany Homes, Inc.):  APPROVED
(9:35 a.m.) Mark Williams presented the staff report for the proposed Conditional Use Permit for an Alternative Access Plan for a Parking Reduction and stated the CUP applies to the first phase only.

The Petitioner declined commenting on the application.
Ms. Wiley moved the findings of staff be accepted and the proposed Conditional Use Permit for an Alternative Access Plan for a Parking Reduction be approved 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 Palmes, Vigesaa, Fremstad, Brodshaug, Ulferts-Stewart, Wiley, Slagle, and Paulsen voted aye.  Absent and not voting:  Morrau and Ruth.  The motion was declared carried.

Item #4:  Hearing on a Petition requesting a Zoning Change from SR-3, Single Dwelling to LC, Limited Commercial for property at 1330 13 1/2 Street South; and from SR-3, Single Dwelling, MR-2, Multi-Dwelling, and LC, Limited Commercial to LC, Limited Commercial for property located at 1315 University Drive South. (HCR-ManorCare):  CONTINUED TO APRIL 9, 2008

Hearing on a Petition requesting a Conditional Use Permit to allow for a Parking Reduction on Lots 3 through 9, Less the east 10 feet of right-of-way, and Lots 17 through 24, Block 1, Morton & Dotys Addition:  CONTINUED TO APRIL 9, 2008
This was the time and date set for Hearings on petitions requesting a Zoning Change for property at 1330 13 1/2 Street South and 1315 University Drive South and a Conditional Use Permit to allow for a Parking Reduction on portions of Block 1, Morton & Dotys Addition; however, the Petitioner has requested that the Hearing be continued to April 9, 2008.

Item #5:  Hearing on a Petition requesting a Zoning Change from AG, Agricultural to GC, General Commercial on the west half of the northwest quarter of Section 14, Township 138 North, Range 49 West, less North Dakota Department of Transportation property (Interstate 29). (Located at 3598 76th Avenue South) (Harold Newman):  APPROVED
(9:40 a.m.) Nicole Crutchfield summarized the staff report for the proposed Zoning Change and stated staff is recommending approval.

Mr. Vigesaa moved the findings of staff be accepted and approval be recommended to the City Commission of the proposed zoning change from AG, Agriculture to GC, General Commercial, 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 Ms. Fremstad.  On call of the roll Members Ulferts-Stewart, Brodshaug, Fremstad, Wiley, Palmes, Vigesaa, Slagle, and Paulsen voted aye.  Absent and not voting:  Morrau and Ruth.  The motion was declared carried.

Item E:  Review Proposed Annexation in Section 12 of Stanley Township
(9:45 a.m.) Planning Director Jim Gilmour distributed a Resolution of Annexation of property in Section 12 of Stanley Township which the Fargo City Commission approved on January 30, 2008.   He stated property owners of a 140 acre parcel in the southeast corner of this section would like their property annexed into the City of Fargo.  He explained that this property is within the extraterritorial (ET) zoning jurisdiction of the City of Fargo.  He stated the City of Briarwood has expressed an interest in expanding their ET area and pointed out that the existing ET zoning jurisdiction agreement with Briarwood expires in November 2008.  He stated it is prudent to annex the area now and in order to be contiguous to the City of Fargo, two 300 foot wide pieces - one owned by the City of Fargo and one owned by Fred Hector, Jr. are included.  He stated this item will be heard at the March 24, 2008 Fargo City Commission meeting.  Mr. Gilmour listed issues to be addressed in the future including the ET zoning agreement between the City of Fargo and the City of Briarwood, future City boundaries in the northeast quarter of Section 12, as well as annexation of property on the west half of Section 12, and the east half of Section 11 in order to provide services to the new Davies High School site.

Attorney Jonathan Garaas, representing Fred and Earlyne Hector, stated his clients are opposed to the piecemeal annexation.  He stated there should be participation and involvement by everyone in the area before City Commission action.  He suggested that the Board ask for a full blown annexation issue in order for people in the area to be better served.

(Ms. Fremstad absent.)

At 10:05 a.m. the Board took a five-minute recess.
After recess:  All Commissioners present except Fremstad, Morrau, and Ruth.  Chair Paulsen presiding.

In observance of the 10:00 a.m. hour for which Hearings had been published, discussion on this item was continued after Item No. 11.

Item #6:  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): CONTINUED TO APRIL 9, 2008
This was the time and date set for a 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; however, the Petitioner has requested that the Hearing be continued to April 9, 2008.

Item #7:  Hearing on a Petition requesting a Zoning Change from GI, General Industrial to LI, Limited Industrial on the south 180 feet of the north 364 feet of the east 410 feet of Lot 6, Arndts-Devener Subdivision.  (Located at 922 40th Street North) (Dave Lerud):  DENIED
(10:12 a.m.) Nicole Crutchfield reviewed the staff report for the proposed Zoning Change and stated correspondence was received from Wayne Gadberry, President of Magnum Companies, stating his opposition to the proposal.  Ms. Crutchfield said staff is recommending approval of the proposal with the addition of a Conditional Overlay to satisfy the unique characteristics of this use on this site.

Ms. Wiley stated her concern regarding spot zoning.
 
Ms. Crutchfield stated staff feels it would be best to control general public access by limiting the retail sales and service component of this particular business to only private parties at this location.  She stated the location of the business is at the end of the building and children will be arriving with adults and supervised by parents/workers.

Mr. Slagle stated his concern regarding spot zoning.  He said he is not sure he sees the synergy between a facility for children’s parties and a neighboring business with 18 wheelers.

Dave Lerud, Petitioner, stated he intends to hold only private parties.  He explained the parents must be present and the maximum number of kids per party would be 15.
 
In answer to a question by Ms. Wiley, Mr. Lerud stated he wants to stay in the present building and supplement the winter months.  He explained being open to the public in another location is not financially feasible.

Keith Ernst, property owner, stated his support of the proposal.  He said the area is a ghost town on Saturdays and Sundays.  He explained there are two driveways to the facility which can be separated and there is ample parking in the lot.  Mr. Ernst clarified that Northern Improvement does not have access to 40th Street until further away.
Mr. Slagle moved denial be recommended to the City Commission of the proposed zoning change from GI, General Industrial to LI, Limited Industrial with a Conditional Overlay on the basis that this location is incompatible with the proposed use in the realm of safety. 

Second by Mr. Vigesaa. 

Mr. Brodshaug stated he supports the motion to deny citing approval criteria numbers three and four.  He stated he believes this would affect property values in the vicinity and that this proposal is inconsistent with GI, General Industrial zoning.

On call of the roll Members Brodshaug, Wiley, Ulferts-Stewart, Palmes, Vigesaa, Slagle, and Paulsen voted aye.  Absent and not voting:  Fremstad, Morrau, and Ruth.  The motion was declared carried.

Item #8:  Hearing on a Petition requesting a Plat of Country Meadows Second Subdivision (Major Subdivision) in the Extraterritorial Limits of the City of Fargo; a Replat of Lots 1 and 2, Block 1, and a Vacation of 25th Street South in Country Meadows Subdivision of Part of the southeast quarter of Section 14, Township 138 North, Range 49 West. (Located at 8417 and 8505 25th Street South) (Ivar and Becky Berge; Donald and Eunice Berge):  APPROVED
(10:30 a.m.) Jim Hinderaker reviewed the staff report for the proposed Plat and stated staff is recommending approval.

The Petitioner declined commenting on the application.

Ms. Ulferts-Stewart moved the findings and recommendations of staff be accepted and approval of the County Meadow Second Subdivision Plat be recommended to the City Commission 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 Ms. Wiley.  On call of the roll Members Brodshaug, Ulferts-Stewart, Wiley, Palmes, Vigesaa, Slagle, and Paulsen voted aye.  Absent and not voting:  Fremstad, Morrau, and Ruth.  The motion was declared carried.

(Mr. Vigesaa absent.)

Item #9:  Hearing on a Petition requesting a Plat of Dakota Boys & Girls Ranch Subdivision (Major Subdivision), an Unplatted Portion of the east half of the northwest quarter, Section 13, Township 138 North, Range 49 West.  (Located at 2038 76th Avenue South) (Philip Stahl):  CONTINUED TO APRIL 9, 2008

Hearing on a Petition requesting a Zoning Change from AG, Agricultural to MR-3, Multi Dwelling on Lots 1 & 2, Block 1, and Lot 1, Block 2; and from AG, Agricultural to SR-4, Single-Dwelling on Lots 2 and 3, Block 2 of the proposed Dakota Boys & Girls Ranch Subdivision:  CONTINUED TO APRIL 9, 2008
(Ms. Ulferts-Stewart absent.)

(10:37 a.m.) Jim Hinderaker outlined the staff report for the proposed major subdivision and zoning change and stated community services are allowed within MR-3, Multi-Dwelling zoning, which fits with the growth plan.  He stated staff recommends approval of the proposal.
Ms. Wiley asked staff to differentiate this project from leap frog development.
 
In response, Mr. Hinderaker stated this does not preclude re-development at urban densities, and facilities and services are in place.

Amanda Thomas, applicant’s representative, stated the proposal seems to be a good fit.
 
Dave Ekman, 1615 Round Hill Drive, stated he feels this is leap frog development and does not match the area plan.  He stated his concern regarding security issues and asked how this development may affect the proposed south side flood protection plans.
 
Dale Ziegler, 1630 Round Hill Drive, stated that while he is supportive of the North Dakota Boys Ranch, he feels he does not have enough information on this proposal.  He stated his concerns regarding flooding, City services, assessments, and security.
 
Mr. Brodshaug suggested an informational meeting be held between representatives of the Boys & Girls Ranch, the City of Fargo, and residents neighboring the proposed development.
 
Mr. Hinderaker addressed concerns raised throughout the discussion and stated schools are allowed within residential zoning districts.  He explained the proposed Boys & Girls Ranch facility is an excellent example of community service use and is a perfect fit of the land use zoning classification.  He said he was unaware of any fencing plans for around the facility. 

Ms. Thomas addressed concerns regarding security issues.  She stated the proposal includes a 16 bed treatment facility, and has the potential for a 12 bed safe home component as well as a school facility for those same kids and others that are not well served by other educational facilities.  She stated the kids are monitored and would be in a lock down facility 24/7.

Chair Paulsen stated his personal preference is to delay action on this matter until further conversation with Round Hill residents has taken place.

Mr. Brodshaug moved this item be continued to April 9, 2008 and staff be directed to organize a meeting, including the neighbors from Round Hill Estates, Granbergs, Chrisan Estates and the Planning Commissioners to hear a presentation of the proposal and have discussions with the neighborhood.  Second by Palmes.  All Members present voted aye and the motion was declared carried.

Item #10:  Hearing on a Petition requesting a Text Amendment to amend Section 20-0906, Subparagraph G.2 of Article 20-09 of Chapter 20 (Land Development Code) of the Fargo Municipal Code that stipulates that zone change protest petitions must be submitted for validation 7 days prior to the scheduled City Commission Public Hearing.  (City of Fargo):  WITHDRAWN
This was the time and date set for a Hearing on a petition requesting a Text Amendment to amend Section 20-0906, Subparagraph G.2 of Article 20-09 of Chapter 20 (Land Development Code) of the Fargo Municipal Code; however, the petition has been withdrawn by the petitioner.

Item #11:  Hearing on a Petition requesting a Text Amendment to amend Section 20-1002, Subparagraph D.3 of Article 20-10 of Chapter 20 (Land Development Code); Section 20-1004, Subparagraph B.1 of Article 20-10 of Chapter 20 (Land Development Code) of the Fargo Municipal Code that allows legal nonconforming residential uses/structures to be rebuilt if damaged or destroyed by more than 50 percent of the structure’s value. (City of Fargo):  APPROVED
(11:03 a.m.) Jim Hinderaker reviewed the staff report and stated the proposed text amendment will allow legally established non-conforming residential structures/uses to be rebuilt within their existing footprint, scale, and size if they are damaged or destroyed by more than 50% of the value.
 
City Engineer Mark Bittner questioned whether this will impact requirements for the flood proofing code.

In response, Mr. Hinderaker stated it will not affect flood regulation at all.

Mr. Brodshaug moved the findings and recommendations of staff be accepted and approval of the Text Amendment as outlined within the staff report be recommended to the City Commission on the basis that the proposed text amendment complies with Section 20-0904.E (1-3) of the Land Development Code.  Second by Ms. Wiley.  On call of the roll Members Wiley, Palmes, Brodshaug, Slagle, and Paulsen voted aye.  Absent and not voting:  Fremstad, Morrau, Ruth, Ulferts-Stewart, and Vigesaa.  The motion was declared carried.

Continuation of Item E:  Review Proposed Annexation in Section 12 of Stanley Township
(11:10 a.m.) City Attorney Erik Johnson reviewed the City of Fargo’s annexation policy and outlined the background of Fargo’s growth. 

At 11:25 a.m. the Board took a five-minute recess.
After recess:  All Commissioners present except Fremstad, Morrau, Ruth, Ulferts-Stewart, and Vigesaa.  Chair Paulsen presiding.

Mr. Gilmour stated property within the annexation area owned by Fred and Earlyne Hector is less than 10%.  He pointed out that the Fargo School District property and the Johnson/Walsh properties that desire to become part of the City of Fargo are south of property owned by the Hector’s.  He said if property owners in between are not willing to be annexed, either the City can do nothing or annex some land between the existing City limits and the property owner interested in annexation.  He stated a more comprehensive annexation was considered, but is not being done because the Hector’s do not want their property included, and so the City has gone with a smaller annexation than preferred.  He pointed out that special assessment deferrals are often granted until land is platted and zoned.

Mr. Slagle stated when the Fargo School Board acquires land outside the City, it drives a lot of things such as the decision to move from 52nd Avenue South.  He questioned if it is fair to say that the City of Fargo collaborated in the School District’s decision to purchase land.

Jim Gilmour stated the City Commission was involved in the discussions.
 
There was discussion regarding other options to connect the parcel to the existing City limits.

In answer to a question by Mr. Brodshaug, Mr. Gilmour stated the area of Section 12 has been included in the City of Fargo zoning jurisdiction for at least 20 years.
Mr. Garaas restated his stand that this annexation is premature and asked that land owners be allowed more input.
 
Mr. Brodshaug moved approval be recommended of the proposed Annexation of about 153 acres in Section 12 of Stanley Township into the City of Fargo.

Chair Paulsen relinquished the Chair to second the motion.

Mr. Brodshaug stated the Board’s role is to focus on planning and zoning.  He stated this area has been considered part of the growth area for a long time and he feels it is appropriate to recommend approval.

On call of the roll Members Palmes, Brodshaug, Wiley and Paulsen voted aye.  Mr. Slagle voted nay.  Absent and not voting:  Fremstad, Morrau, Ruth, Ulferts-Stewart, and Vigesaa.  The motion was declared carried.

The time at adjournment was 12:00 o’clock p.m.

Other Items
Brown Bag Luncheon - March 26, 2008
Topic:  Continuation of Westgate Commons Overlay discussion