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August 8, 2007

Fargo Planning Commission Regular Meeting Agenda

City Commission Chambers, City Hall

Broadcast Live on TV Fargo (channel 99)

Rebrodcast the 3rd Tuesday of the Month at 7:30 p.m. and each Sunday at 8 a.m. 

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

A:  Approve Order of Agenda

B:  Minutes:  Regular Meeting of July 11, 2007

C:  To Be Announced

Public Hearings 9:00 - 9:45 a.m. Items 1 through 4

1.  2007-06-13Continued hearing on a Petition requesting a Conditional Use Permit to allow for non-farm commercial uses (including, but not limited to banquets, receptions, and parties) on portions of the NW1/4 of the NW1/4 of the NW1/4, Section 24, Township 138 North, Range 49 West, Fifth Principal Meridian. (Located at 8800 and 8914 25th Street South) (Rodney Ballinger) (jh)

2.  2007-07-10 Hearing on a Petition requesting a Conditional Overlay to establish design standards for a tract of land located in part of the Northeast quarter of Section 3, Township 138 North, Range 49 West of the Fifth Principal Meridian. (Located at 3950 52nd Avenue South, immediately south of 52nd Avenue Southand west of Interstate 29) (White Oaks Trust) (jh)

3.  2007-08-01Hearing on a Petition requesting a Plat of Sheyenne Estates Addition (Minor Subdivision) a replat of Lots 1 and 2, Block 1 of East River Estates Addition. (Located at 4389 and 4395 66th Street South) (Rich Schmit) (jh)

4.  2007-08-02Hearing on a Petition requesting a Plat of Votava 2007 Addition (Minor Subdivision) a replat of Lots 11, 12, and part of 7, Block 2 of Riverwood 1922 First Addition. (Located at 4435, 4477, and 4557 Riverwood Drive North) (Janice R. Votava) (mw)

Public Hearings 10:00 - 10:45 a.m. Items 5 through 7

5.  2007-08-03Hearing on a Petition requesting a Zoning Change from NC, Neighborhood Commercial, and SR-3, Single Family Residential to LC, Limited Commercial on the South 51 feet of Lots 1, 2, 3, 4, and 5 and the South 51 feet of the South 101 feet of the West 8.4 feet of Lot 6, and the East 16.6 feet of Lot 6, all of Lot 7, and the West 8.4 feet of Lot 8, Block SS of Erskines Addition. (Located at 1226 University Drive and 1117 13th Avenue South ) (Steven W. Stremick) (mw) ACCELERATED

6.  2007-08-04Hearing on a Petition requesting a Conditional Use Permit to reduce the number of required parking spaces from 101 parking spaces to 66 parking spaces on Lot1, Block 1 of Sunrise Addition.(Located at 2525 Broadway Avenue North ) (Housing & Redevelopment Authority of Fargo) (jh)

7.  2007-08-05Hearing on a Petition requesting a Vacation Plat to vacate the remaining 35 feet of 22nd Street North between 5th and 7th Avenue North of Tyler’s Addition. (Located at 2123 5th Avenue North ) (Richard D. Bergseth) (jh)

Other Items

Brown Bag Luncheon – Wednesday, August 22, 2007 . 

 

Fargo Planning Commission

Regular Meeting

Wednesday, August 8, 2007

Present:        John Paulsen, Kristi Fremstad, Jeff Morrau, Terry Nordenstrom, Kelly Ruth, Rich Slagle, Jan Ulferts-Stewart

Absent:         Mark Brodshaug, Claire Vigesaa, Catherine Wiley 

Chair Paulsen called the meeting to order.

Item A:  Approve Order of Agenda

Commissioner Nordenstrom moved to approve the Order of Agenda as presented.  Second by Morrau.  All the Commissioners present voted aye and the motion was declared carried.

Item B:  Minutes:  Regular Meeting of July 11, 2007 .

Commissioner Ulferts-Stewart moved to approve the minutes of the July 11, 2007 Planning Commission meeting.  Second by Fremstad.  All the Commissioners present voted aye and the motion was declared carried.

Item C:  Review of Renewal Plan – East Bridge Apartments Presentation by Jim Gilmour

Jim Gilmour presented a Renewal Plan for the East Bridge Apartments.

There was discussion regarding alley traffic as well as using the alley as a major access point for the apartment complex.  

Commissioner Ulferts-Stewart moved the RenewalPlan is consistent with the City of Fargo ’s Comprehensive Plan and the Jefferson Neighborhood Plan.  Second by Fremstad. On call of the roll of Commissioners Fremstad, Ulferts-Stewart, Slagle, Ruth, Morrau, Nordenstrom, and Paulsen voted aye.  Absent and not voting:  Brodshaug, Vigesaa, and Wiley.  The motion was declared carried.

Item D:   Report on Hector’s requests on 52nd Avenue South Presented by Jim Gilmour and Jim Hinderaker

Jim Gilmour and Jim Hinderaker presented a review of the applications, revisions, and actions taken regarding the Hector’s requests on 52nd Avenue South .

Commissioner Slagle expressed his concern regarding alignment of the frontage roads and how it affects land use and zoning.  

Commissioner Ulferts-Stewart questioned if there is an opportunity for the Planning Commission to recommend additional language regarding sign height restrictions for the Conditional Overlay.

Mr. Gilmour stated the City Commission has taken action on the Conditional Overlay and the area has been reduced as well as the allowable uses.  He said this concern may be discussed with the Developer and the City Commission.

Commissioner Ulferts-Stewart moved the inclusion of a maximum signage height of 46 feet in the Conditional Overlay for this property be recommended to the City Commission.  Second by Slagle.  On call of the roll Commissioners Morrau, Ulferts-Stewart, Ruth, Slagle, Fremstad, Nordenstrom, and Paulsen voted aye.  Absent and not voting:  Brodshaug, Vigesaa, and Wiley.  The motion was declared carried.

Commissioner Fremstad questioned if language could be included in the Conditional Overlay to restrict RV’s from parking overnight in the lot.  She stated her concern is the safety of the neighborhood.

Commissioner Morrau stated it would be hard to enforce that restriction.

At 8:55 a.m. the Board took a five-minute recess.

After recess:  All Commissioners present.  Chair Paulsen presiding.

Item #1:  2007-06-13Continued Hearing on a Petition requesting a Conditional Use Permit to allow for non-farm commercial uses (including, but not limited to banquets, receptions, and parties) on portions of the NW1/4 of the NW1/4 of the NW1/4, Section 24, Township 138 North, Range 49 West, Fifth Principal Meridian. (Located at 8800 and 8914 25th Street South) WITHDRAWN:

( 9:00 a.m. )  This was the time and date set for a Hearing on a petition for a conditional use permit to allow for non-farm commercial uses, however, the petition has been withdrawn by the petitioner.

The Commission asked if the petitioner, Rod Ballinger, wished to comment on the matter.  Mr. Ballinger declined.

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

Item #2: (2007-07-10) Continued Hearing on a Petition requesting a Conditional Overlay to establish design standards for a tract of land located in part of the Northeast quarter of Section 3, Township 138 North, Range 49 West of the Fifth Principal Meridian. (Located at 3950 52nd Avenue South , immediately south of 52nd Avenue South and west of Interstate 29) APPROVED:

( 9:05 a.m. )  Mr. Hinderaker presented the staff report for the proposed Conditional Overlay.  He stated, based on discussions with the petitioner and representatives of Wal-Mart, staff recommends that “The District” Design Standards and the finalized site plan, landscaping plan, building elevations, etc., be separated into two separate Conditional Overlay Ordinances.  He stated staff is pleased with the design elements of the project, including the façades and buffering areas.  He reviewed the site plan and said one of the items discussed is the possibility of adding another pedestrian walkway.    Mr. Hinderaker stated the proposed Conditional Overlay Ordinance sites specific lots and blocks.  He explained staff is concerned with future replats and is working with the City Attorney to address those issues.  He stated staff is also concerned with maintenance and replacement of landscaping and would like to address this with the City Commission.

In answer to a question by Commissioner Slagle, Mr. Hinderaker stated there are provisions set up in the Conditional Overlay regarding the proposal’s connectivity of the sidewalks and paths. 

There was discussion regarding access to the proposed gas station.

Ms. Darcy Winter, Wal-Mart Representative, stated the site plan works very well.  She said the plan is tight on parking and the garden center entrance will not operate like the other entrances.  She explained they would prefer not to put the pedestrian aisle in that area because it is not a walking path.

Larry Scheffler, White Oaks Trust and The District of Fargo Representative, stated they want to bring a new level of landscaping to Fargo .

Commissioner Ulferts-Stewart moved the findings of staff be accepted and approval of the Wal-Mart site specific plans and The District At Fargo Design Standards to establish two distinct Conditional Overlay Ordinances for The District of Fargo Addition be recommended to the City Commission.  Second by Ruth.  On call of the roll Commissioners Fremstad, Slagle, Ruth, Ulferts-Stewart, Morrau, Nordenstrom, and Paulsen voted aye.  Absent and not voting:  Brodshaug, Vigesaa, and Wiley.   The motion was declared carried.

Item #3  (2007-08-01) Hearing on a Petition requesting a Plat of Sheyenne Estates Addition (Minor Subdivision) a replat of Lots 1 and 2, Block 1 of East River Estates Addition. (Located at 4389 and 4395 66th Street South) APPROVED with conditions:

Mr. Hinderaker presented the staff report for the proposed plat.  He stated the Sheyenne River is a major concern and explained that Staff wants to make sure provisions are included in the plat to deal with building elevations.

City Engineer Mark Bittner stated currently there is a special assessment deferral agreement over the entire tract of land and included in the agreement are some issues associated with flood building elevations.  He said the Sheyenne River is no longer technically in a flood plain, however, the City is still required to be protected from it.  He explained there is a building elevation requirement associated with the special assessment deferral agreement.  Mr. Bittner asked if there is a way to ensure it is transferred to the subdivided lots.

Assistant City Attorney Patricia Roscoe stated it is prudent to examine the deferral agreement to see if there is language included that runs with the lots.

Richard Schmit, Schmit Brothers Construction, questioned if the Planning Commission is looking for something that ensures they build high enough.   He stated there will be an elevation established, there just was not enough time to place it on the plat.


Commissioner Morrau moved the findings of staff be accepted and approval of the proposed Sheyenne Estates Addition be recommended to the City Commission on the condition that the plat follow suit with the special assessment flood protection measures currently attached to the land and  that the plat reflect the building elevation.  Second by Ulferts-Stewart.  On call of the roll Commissioners Slagle, Fremstad, Morrau, Ruth, Ulferts-Stewart, Nordenstrom, and Paulsen voted aye.  Absent and not voting:  Brodshaug, Vigesaa, and Wiley.  The motion was declared carried.

Item #4  (2007-08-02) Hearing on a Petition requesting a Plat of Votava 2007 Addition (Minor Subdivision) a replat of Lots 11, 12, and part of 7, Block 2 of Riverwood 1922 First Addition. (Located at 4435, 4477, and 4557 Riverwood Drive North) APPROVED:

( 9:30 a.m. )  Mr. Williams presented the staff report for the proposed plat.

Commissioner Ulferts-Stewart moved the findings of staff be accepted and approval of the minor plat of Votava 2007 Addition be recommended to the City Commission.  Second by Morrau.  On call of the roll Commissioners Morrau, Ulferts-Stewart, Ruth, Fremstad, Slagle, Nordenstrom, and Paulsen voted aye.  Absent and not voting:  Brodshaug, Vigesaa, and Wiley.  The motion was declared carried.

At 9:36 a.m. the Board took a recess.

After recess:  All Commissioners present.  Chair Paulsen presiding.

Public Hearings 10:00 - 10:45 a.m. Items 5 through 7

 

Item #5  (2007-08-03) Hearing on a Petition requesting a Zoning Change from NC, Neighborhood Commercial, and SR-3, Single Family Residential to LC, Limited Commercial on the South 51 feet of Lots 1, 2, 3, 4, and 5 and the South 51 feet of the South 101 feet of the West 8.4 feet of Lot 6, and the East 16.6 feet of Lot 6, all of Lot 7, and the West 8.4 feet of Lot 8, Block SS of Erskines Addition. (Located at 1226 University Drive and 1117 13th Avenue South ) ACCELERATED:  CONTINUED:

( 10:00 a.m. )  Mr. Williams presented the staff report for the proposed zoning change.  He explained that this area is located within the Hawthorne Neighborhood and the goal of the Hawthorne Neighborhood Plan is to sustain the diverse mix of housing.  He further explained that the proposal is not consistent with the area plans in that it removes existing housing from the neighborhood.  He outlined the remaining zoning change criteria that are not satisfied by the proposal and concluded that staff is recommending denial of the zoning change.  Mr. Williams stated many contacts have been received from the neighborhood including one in support and many in opposition to the proposal.

Steven Stremick stated he feels rezoning the first southern 50 feet would accomplish what he wants.  He expressed his desire to be a good neighbor and stated he wants to keep the remainder of the area green.  He provided the Commissioners with pictures of the property at 1117 13th Avenue South and stated he is expecting only 5 vehicles a day and not much traffic.


Darwin Briss,
1109 13th Avenue South , stated he would like to see the property cleaned up.  He said he does not feel the proposal would be beneficial because it will create more traffic.

Kim Briss, 1109 13th Avenue South , stated her opposition to the proposal.  She said the lifestyle of residents will be adversely affected because people do not want to look at parking lot from their back yard.

Randall Dahl, 1101 13th Avenue South stated his opposition to the proposal and said he would like to see the area kept as residential.

In answer to a question by Commissioner Slagle regarding the lot to the east, Mr. Stremick stated if it was a parking lot he would be open to landscaping requirements.

There was discussion regarding other zoning options and their corresponding requirements.

In answer to a question from Mr. Williams, Commissioner Slagle suggested Staff work with the Applicant to find a way to preserve the northern parcel until the Developer is able to acquire more land adjacent to the lot.  He also suggested applying a zoning change that would allow for a parking lot with a lot of landscaping and moving the entrance to the east.

Commissioner Ruth stated she would like to encourage development of this area and said perhaps a well landscaped parking lot is better than a dilapidated house.

Commissioner Slagle moved the Hearing be continued to September 12, 2007 pursuant to the Applicant and Staff working out another application.  Second by Nordenstrom.  On call of the roll Commissioners Ulferts-Stewart, Fremstad, Slagle, Morrau, Ruth, Nordenstrom, and Paulsen voted aye.  Absent and not voting:  Brodshaug, Vigesaa, and Wiley.  The motion was declared carried.

Item #6  (2007-08-04) Hearing on a Petition requesting a Conditional Use Permit to reduce the number of required parking spaces from 101 parking spaces to 66 parking spaces on Lot 1, Block 1 of Sunrise Addition. (Located at 350 26th Avenue North , formerly known as 2525 Broadway Avenue North ) APPROVED:

( 10:30 a.m. )  Mr. Hinderaker reviewed the petition and stated it is supported by staff.  He said neighbors have called and once they found out the details of the plan, they were favorable to the proposal.  He explained it will not create more on-street parking.

Lisa Rotvold, Beyond Shelter, Inc., stated the ratio of cars to tenants is quite low so the proposal will meet needs of tenants and guests.  She suggested that if there is a point in the future where there is not adequate parking, they could double load the driveway and not take away green space.

Commissioner Nordenstrom moved the findings of staff be accepted and the Alternative Access Plan to reduce the number of required parking spaces from 101 parking spaces to 66 parking spaces be approved on the basis that the reduction will not negatively impact the surrounding neighborhood.  Second by Ulferts-Stewart.  On call of the roll Commissioners Ruth, Fremstad, Morrau, Ulferts-Stewart, Slagle, Nordenstrom, and Paulsen voted aye.  Absent and not voting:  Brodshaug, Vigesaa, and Wiley.  The motion was declared carried.

Item #7  (2007-08-05) Hearing on a Petition requesting a Vacation Plat to vacate the remaining 35 feet of 22nd Street North between 5th and 7th Avenue North of Tyler’s Addition. (Located at 2123 5th Avenue North ) APPROVED:

( 10:35 a.m. )  Mr. Hinderaker reviewed the staff report for the proposed vacation plat.  He stated the concern of staff is that if there are any utilities in the area, they need to be removed.  He said, ultimately, the petitioner is looking to acquire the right-of-way, and they may work out an agreement to relocate the utilities to City land.

Commissioner Morrau moved the findings and recommendations of staff be accepted and approval of the Vacation Plat to vacate the remaining 35 feet of 22nd Street North between 5th and 7th Avenues North be recommended to the City Commission.  Second by Ruth.  On call of the roll Commissioners Morrau, Fremstad, Ruth, Ulferts-Stewart, Slagle, Nordenstrom, and Paulsen voted aye.  Absent and not voting:  Brodshaug, Vigesaa, and Wiley.  The motion was declared carried.

The time at adjournment was 10:40 o’clock a.m.

Other Items

Brown Bag Luncheon – Wednesday, August 22, 2007 .

Topic:  ND Century Code updates regarding findings or statements upon which zoning request and subdivision plat requests are disapproved.