Skip navigation
 
 

Wednesday, May 14, 2008 at 8:00 a.m.

Fargo Planning Commission Regular Meeting

City Commission Chambers, City Hall

Agenda

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

A:   Approve Order of Agenda

B:   Minutes:  Regular Meeting of April 9, 2008

C:   Student Presentation on NDSU Campus Connectivity

Public Hearings 9:00 a.m. to 9:45 a.m. Items 1 through 8

1. Continued Hearing on a Petition requesting a Plat of Amber Valley West First Addition (Major Subdivision), a portion of the northwest quarter, Section 21, Township 139 North, Range 49 West. (Located at 2301 57th Street South) (Steve Iverson) (jh)

    Continued Hearing on a Petition requesting a Zoning Change from AG, Agricultural to GC, General Commercial on Lot 1, Block 1 and from AG, Agricultural to GO, General Office on Lot 1, Block 2 and Lot 1, Block 3 of the proposed Amber Valley West First Addition.

2. Continued Hearing on a Petition requesting a Plat of Westgate Commons First Addition (Major Subdivision), part of the north half of Section 28, Township 139 North, Range 49 West.  (Located at 4802, 4902, and 5402 32nd Avenue South) (Steve Iverson) (jh)

    Continued Hearing on a Petition requesting a Zoning Change from GC, General Commercial and MR-3, Multi-Dwelling to SR-2, Single-Dwelling on portions of the northwest quarter of Section 28, Township 139N, Range 49 West.  (Located at 5402 32nd Avenue South ) (Steve Iverson) (jh)

3. 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)CONTINUED TO JUNE 11, 2008

4. Continued Hearing on a Petition requesting a Zoning Change from AG, Agricultural to GC, General Commercial on the north half of the northeast quarter and the southeast quarter of the northeast quarter of Section 4, Township 138 North, Range 49 West.  (Located at 5501 45th Street South) (Fred M Hector and Earlyne L Hector) (jh) CONTINUED TO JUNE 11, 2008

5. Continued Hearing on a Petition requesting a Zoning Change from AG, Agriculture to LC, Limited Commercial on part of Section 18, Township 138 North, Range 48 West. (Located at 8452 South University Drive) (Randy Schneider) (jh)

6. Hearing on a Petition requesting a Conditional Use Permit to allow for residential use within an LC, Limited Commercial zoning district on Lots 1-4, 13-16, Block 1 of Laurence Yunker 1st Addition. (Located at 2824, 2828 Broadway North, and 2823 7th Street North) (Joshua Brekke and Bill Forbes) (mw)

7.  Hearing on a Petition requesting a Plat of Thomsak First Addition (Minor Subdivision) a replat of part of Lot 5 and Lot 6, Block 1 of Martin Hector Subdivision. (Located at 2001 16th Street North) (Apple Properties) (nc)

8. Hearing on a Petition requesting a Plat of Villas on the Greens (Minor Subdivision), a replat of Lot 1, Block 17 of Osgood First Addition. (Located at 4551 65th Street South) (Floyd Savageau) (nc)

Public Hearings 10:00 a.m. to 10:45 a.m. Items 9 through 11

9. Hearing on a Petition requesting a Plat of Whispering Creek 1st Addition (Minor Subdivision) on Lot 1, Block 3 of Prairie Grove Addition. (Located at 2552 53rd Avenue South) (Mark Payne) (jh)

    Hearing on a Petition requesting a Zoning Change from MR-3, Multi-Dwelling to SR-4, Single-Dwelling on proposed Lots 2-24 of the Whispering creek First Addition. (Located at 2552 53rd Avenue South ) (Mark Payne) (jh)

10. Hearing on a Petition requesting a Zoning Change from AG, Agricultural to MHP, Mobile Home Park on the southeast quarter of Section 1, Township 138 North, Range 49 West, less that part west of Highway 81 annexed to the City of Fargo. (Located at 6064 University Drive South) (Fred M. Hector, Jr.) (mw)

11. Hearing on a Petition requesting a Zoning Change from AG, Agricultural to SR-1, Single-Dwelling for approximately 3 acres within the southeast quarter of Section 16, Township 138 North, Range 49 West. (Located at 8487 45th Street South) (Benjamin T. Richard) (jh)

Other Items

Brown Bag Luncheon – Wednesday, May 28, 2008

 

Board of Planning Commissioners: Minutes for regular meeting 

Wednesday, May 14, 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, May 14, 2008.

The Planning Commissioners present or absent were as shown following:

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

Absent:      Mark Brodshaug

Chair Paulsen called the meeting to order.

Item A:  Approve Order of Agenda
Chair Paulsen noted Item Nos. 1 and 4 will be continued to the June 11, 2008 Planning Commission meeting at the request of the Petitioners; review and preliminary approval of Item No. 2 will take place today with final approval of the plat to be considered at the June 11, 2008 Planning Commission meeting; Item No. 3 will be continued to July 9, 2008 at the request of the Petitioner; and Item No. 5 is closed to public comment, and will be discussed from the point where the motion was withdrawn last month.  He also stated the May 28, 2008 Brown Bag meeting topic will be the Red River Greenway Study, and a bus tour will be held Wednesday, June 25, 2008.

Ms. Fremstad moved to approve the Order of Agenda with the noted changes.  Second by Mr. Morrau.  All Members present voted aye and the motion was declared carried.

Item B:  Minutes:  Regular Meeting of April 9, 2008
Mr. Vigesaa moved to approve the minutes of the April 9, 2008 Planning Commission meeting.  Second by Ms. Ulferts-Stewart.  All Members present voted aye and the motion was declared carried.

Mr. Hinderaker recognized Sara Runia for her accomplishments and work as a Planning Intern for the department the past two years.

Item C:  NDSU Campus Connectivity Presentation
North Dakota State University students Stephanie Falkers and Laura Zimmerman gave a presentation on NDSU Campus connectivity between the downtown and north Fargo campuses.

At 8:37 a.m., the Board recessed until the 9:00 o’clock a.m. scheduled Hearings.
After recess:  All Members present except Brodshaug.  Chair Paulsen presiding.

At the request of Chair Paulsen, Jim Hinderaker updated the Planning Commission on action taken by the City Commission regarding the Arndts-Devener Subdivision zoning change denied by the Planning Commission on March 12, 2008.  He stated the City Commission approved the application and requested the item be brought back for review in one year.

Item #1a:  Continued Hearing on a Petition requesting a Plat of Amber Valley West First Addition (Major Subdivision), a portion of the northwest quarter, Section 21, Township 139 North, Range 49 West. (Located at 2301 57th Street South) (Steve Iverson):  CONTINUED TO JUNE 11, 2008

Item #1b:      Continued Hearing on a Petition requesting a Zoning Change from AG, Agricultural to GC, General Commercial on Lot 1, Block 1 and from AG, Agricultural to GO, General Office on Lot 1, Block 2 and Lot 1, Block 3 of the proposed Amber Valley West First Addition:  CONTINUED TO JUNE 11, 2008
A Hearing had been set for April 9, 2008 on petitions requesting a plat of Amber Valley West First Addition and zoning change.

At the April 9, 2008 meeting, the Hearing was continued to this date and hour; however the Petitioner has requested that the Hearing be continued to June 11, 2008.

Item #2a:  Continued Hearing on a Petition requesting a Plat of Westgate Commons First Addition (Major Subdivision), part of the north half of Section 28, Township 139 North, Range 49 West.  (Located at 4802, 4902, and 5402 32nd Avenue South) (Steve Iverson):  PRELIMINARY CONCEPT APPROVED

Item #2b:      Continued Hearing on a Petition requesting a Zoning Change from GC, General Commercial and MR 3, Multi-Dwelling to SR-2, Single-Dwelling on portions of the northwest quarter of Section 28, Township 139 North, Range 49 West.  (Located at 5402 32nd Avenue South) (Steve Iverson):  FINAL PLAT CONTINUED TO JUNE 11, 2008
(9:02 a.m.) A Hearing had been set for April 9, 2008 on petitions requesting a plat of Westgate Commons First Addition and zoning change.

At the April 9, 2008 meeting, the Hearing was continued to this date and hour.

Mr. Hinderaker summarized the applications and requested the Planning Commission look at the concept of this project and view it as a preliminary plat.  He stated one of the major concerns for the Planning Commission to consider is that the existing Conditional Overlay is a good document that addresses design standards and mixed use developments.  He said he is cautious about backing away from the document.  He stated the proposed development is traditional, single-family zoning with commercial lots around the perimeter.  Mr. Hinderaker stated another concern of staff and the Board is how to make the area compatible between the large commercial lots and the residential area.  In order to address these concerns, he continued, staff has been working with the Developer to focus on issues regarding the transitional land use between the single-family zoned land abutting commercial zoned land.  Mr. Hinderaker brought forth other issues to consider such as storm water retention areas, a collector street tying into 57th Street, roundabouts, connections from 40th to 32nd Avenue South, and access to the park land.  He stated the Petitioner wants the Board to consider approval of the conceptual layout today as they wish to move forward on a portion of the residential development this year.  He said next month the plat will be brought in for review of approval criteria, as well as the zone change request and consideration of removal of the existing Conditional Overlay that applies to this portion of the property in order to return to a more traditional single-family SR-2 zoning classification.  He stated staff’s perspective is to make sure land use transitions, storm water retention, curving of the road, roundabouts, access to the park area, etc. are in place.  He stated staff is recommending approval of the preliminary plat.

In answer to a question by Chair Paulsen, Mr. Hinderaker explained the Land Development Code sets up a two step process; 1) preliminary approval of a concept to give the developer a better idea to generate a final plat, approval of a general layout, and 2) a hearing and final approval.

City Attorney Erik Johnson reiterated the motion today would be for preliminary approval with the opportunity to come back to modify the precise layout of the streets and lots at a later meeting.

Ms. Wiley inquired if other layout options were considered by the Developer.  She noted the proposal has cul-de-sacs that have double-fronted lots onto a busy road that are backing onto Limited Commercial.

Mr. Hinderaker replied by saying the Petitioner’s request did not present any other options.

Mr. Slagle questioned if the Planning Commission should look at the overlay and overall development of this area and then drive to a specific area.

In response, Mr. Hinderaker stated he agrees this cannot be looked at as a stand alone without understanding the larger picture.  He stated the major stumbling block of staff is with the proposed overlay and signage.  He explained the big difference is that this is moving away from mixed use development, which is a large part of the existing overlay, and moving more toward a traditional single-family use.  He concluded by saying staff feels comfortable with moving forward with this concept.
 
Mr. Slagle clarified that with preliminary approval of this residential proposal the Board is, in essence, agreeing the overlay will change by moving away from mixed use.  He suggested the overlay in general should be discussed first, and then move to a specific plan.

Steve Iverson, Christenson Holdings and Paces Lodging, stated timing is the reason for moving forward with this portion of the proposal.  He said they are not trying to discount the fact that the overlay is still an issue, but are trying to get engineering and some construction done in the first residential component before the end of the season.

Ms. Wiley stated her concern regarding the layout which may preclude people from walking from the residential neighborhood to the commercial area.  She encouraged considering walk-ability and connections in the development of the neighborhood.

Ms. Fremstad stated she agrees with the comments made by Ms. Wiley and said she thinks if the connection between residential and commercial is in place from the start, people will be aware that there is commercial around them.

Mr. Vigesaa moved the preliminary plat be approved to go forth as presented with the understanding that staff will work with the Developer to ensure there is adequate buffering around the area between the residential and commercial areas.  Second by Ms. Ulferts-Stewart.  On call of the roll Members Palmes, Vigesaa, Ruth, Ulferts-Stewart, Morrau, and Paulsen voted aye.  Members Wiley, Fremstad, and Slagle voted nay.  Absent and not voting:  Member Brodshaug.  The motion was declared carried.

Item #3:  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):  CONTINUED TO JULY 9, 2008
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 to this date and hour; however the Petitioner has requested that the Hearing be continued to July 9, 2008.

Item #4:  Continued Hearing on a Petition requesting a Zoning Change from AG, Agricultural to GC, General Commercial on the north half of the northeast quarter and the southeast quarter of the northeast quarter of Section 4, Township 138 North, Range 49 West.  (Located at 5501 45th Street South) (Fred M Hector and Earlyne L Hector):  CONTINUED TO JUNE 11, 2008
A Hearing had been set for April 9, 2008 on a petition requesting a zoning change on portions of Section 4, Township 138 North, Range 49 West.

At the April 9, 2008 meeting, the Hearing was continued to this date and hour; however the Petitioner has requested that the Hearing be continued to June 11, 2008.

Item #5:  Continued Hearing on a Petition requesting a Zoning Change from AG, Agricultural to LC, Limited Commercial on part of Section 18, Township 138 North, Range 48 West. (Located at 8452 South University Drive) (Randy Schneider):  APPROVED
A Hearing had been set for April 9, 2008 on a petition requesting a zoning change from AG, Agricultural to LC, Limited Commercial for property located at 8452 South University Drive.

At the April 9, 2008 meeting, the Hearing was continued to this date and hour.

Chair Paulsen noted that the item had been closed to public comment during the April 9, 2008 Public Hearing and that the item was before the Board for discussion and action.

Mr. Hinderaker presented the staff report and reviewed issues from the previous Hearing as they related to the approval criteria for the zoning change.  He stated the applicant, Mr.  Schneider, submitted a letter asking for action to be taken today by the Planning Commission.  Mr. Hinderaker stated staff is recommending approval.

Ms. Fremstad stated her concern regarding flood control.

Mr. Slagle stated he has changed his position on the matter from the previous meeting and questioned if this application is premature being this far south.

In response to a question by Mr. Slagle, City Attorney Erik Johnson stated people are entitled to build as long as they meet the land use criteria.  He said flooding in the area is not a valid issue to base denial upon.

Ms. Fremstad stated she understands the approval criteria, but is concerned about development on the east side of South University Drive and how people on the wrong side of the dike will be affected.

City Engineer Mark Bittner said there is a provision that allows people to build in the flood plain.  He explained all flood control alternatives being considered will keep existing levels the same or will reduce them.  He said he doesn’t believe the petitioner is doing anything that is against the rules.

City Attorney Erik Johnson stated the City Commission may put a moratorium on building in a certain area, but the Planning Commission’s role is more limited in nature.  He explained the Planning Commission’s decision must be based upon the four approval criteria.
 
Mr. Morrau moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the revised zoning change and Conditional Overlay, 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. Ruth.  On call of the roll Members Ulferts-Stewart, Wiley, Palmes, Vigesaa, Morrau, Ruth, Slagle, and Paulsen voted aye.  Member Fremstad voted nay.  Absent and not voting:  Member Brodshaug.  The motion was declared carried.

Item #6:  Hearing on a Petition requesting a Conditional Use Permit to allow for residential use within an LC, Limited Commercial zoning district on Lots 1-4, 13-16, Block 1 of Laurence Yunker 1st Addition. (Located at 2824, 2828 Broadway North, and 2823 7th Street North) (Joshua Brekke and Bill Forbes):  APPROVED
(10:00 a.m.) Mark Williams summarized the staff report for the proposed Conditional Use Permit.  He stated the applicant is present and staff is recommending approval of the proposed conditional use permit.

There was discussion regarding parking issues to be addressed by the project engineer.

The Petitioner declined commenting on the application.

Ms. Ulferts-Stewart moved the findings of staff be accepted and the proposed conditional use permit be approved for residential occupancy with Limited Commercial zoning as it complies with Section 20-0909.D (1-6) of the Land Development Code.  Second by Mr. Vigesaa.  On call of the roll Members Ruth, Fremstad, Wiley, Morrau, Vigesaa, Ulferts-Stewart, Palmes, Slagle, and Paulsen voted aye.  Absent and not voting:  Member Brodshaug.  The motion was declared carried.

Item #7:  Hearing on a Petition requesting a Plat of Thomsak First Addition (Minor Subdivision) a replat of part of Lot 5 and Lot 6, Block 1 of Martin Hector Subdivision. (Located at 2001 16th Street North) (Apple Properties):  APPROVED
(10:07 a.m.) Nicole Crutchfield presented the staff report and stated staff is recommending approval of the proposed plat of Thomsak First Addition.  She stated an amenities plan will address concerns of staff relating to the maintenance drive and sidewalk requirement.

The Petitioner declined commenting on the application.
 
Mr. Morrau moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the Thomsak First Addition on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Article 20-06, and all other applicable requirements of the Land Development Code, with two conditions:  1) Provide a joint access easement and ingress/egress easement along the north property line, and 2) Execute an amenities plan, including specifications for the private drive maintenance and sidewalk requirements.  Second by Ms. Ruth.  On call of the roll Members Morrau, Fremstad, Wiley, Ruth, Ulferts-Stewart, Palmes, Vigesaa, Slagle, and Paulsen voted aye.  Absent and not voting:  Member Brodshaug.  The motion was declared carried.

Item #8:  Hearing on a Petition requesting a Plat of Villas by the Greens (Minor Subdivision), a replat of Lot 1, Block 17 of Osgood First Addition. (Located at 4551 65th Street South) (Floyd Savageau):  APPROVED
(10:10 a.m.) Nicole Crutchfield summarized the staff report for the proposed Villas by the Greens plat and stated staff is recommending approval with the condition that an amenities plan be executed. 

There was discussion regarding the connectivity of the trail system for the surrounding area including the Eagle Run development in West Fargo, the Sheyenne River, and The District and Osgood developments.

The Petitioner declined commenting on the application.
 
Jeff Swenson, neighboring resident, stated his concern regarding the proposal.

There was discussion regarding site plans being reviewed at the Planning Commission level.

Mr. Vigesaa moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the Villas by the Greens Addition on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Article 20-06, and all other applicable requirements of the Land Development Code, with the condition that an amenities plan be executed to include fire access, sidewalks, maintenance of the private drive, garbage collection, and fence details.  Second by Ms. Ulferts-Stewart.  On call of the roll Members Ulferts-Stewart, Ruth, Wiley, Morrau, Palmes, Vigesaa, Fremstad, Slagle, and Paulsen voted aye.  Absent and not voting:  Member Brodshaug.  The motion was declared carried.

(Ms. Wiley absent.)

Item #9a:  Hearing on a Petition requesting a Plat of Whispering Creek First Addition (Minor Subdivision) on Lot 1, Block 3 of Prairie Grove First Addition. (Located at 2552 53rd Avenue South) (Mark Payne):   APPROVED

Item #9b:      Hearing on a Petition requesting a Zoning Change from MR-3, Multi-Dwelling to SR-4, Single Dwelling on proposed Lots 2-24 of the Whispering Creek First Addition. (Located at 2552 53rd Avenue South) (Mark Payne):  APPROVED
(10:24 a.m.) Mr. Hinderaker presented the staff report for the proposed subdivision and zoning change and stated staff is recommending approval.

In response to a question by Mr. Slagle, Mr. Hinderaker stated trail systems and connections are in place.

The Petitioner declined commenting on the application.

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

Item #10:  Hearing on a Petition requesting a Zoning Change from AG, Agricultural to MHP, Mobile Home Park on the southeast quarter of Section 1, Township 138 North, Range 49 West, less that part west of Highway 81 annexed to the City of Fargo. (Located at 6064 University Drive South) (Fred M. Hector, Jr.):  APPROVED
(10:31 a.m.) Mark Williams presented the staff report for the zoning change and stated staff is recommending approval as the approval criteria has been met.  He stated no comments were received from the public.

Applicant Earlyne Hector stated the City asked for this change.

In response to a question by Ms. Fremstad, Mr. Williams stated recently a request was made to remove and replace a mobile home on this property and utilize it as a daycare. He explained the Land Development Code allows daycares within Mobile Home Park zoned properties but not in Agricultural zoned properties.

Ms. Ulferts-Stewart moved the findings of staff be accepted and approval be recommended to the City Commission of the proposed zoning change from AG, Agricultural to MHP, Mobile Home Park 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 Vigesaa, Morrau, Ulferts-Stewart, Ruth, Palmes, Fremstad, Slagle, and Paulsen voted aye.  Absent and not voting:  Members Brodshaug and Wiley.  The motion was declared carried.

Item #11:  Hearing on a Petition requesting a Zoning Change from AG, Agricultural to SR-1, Single Dwelling for approximately 3 acres within the southeast quarter of Section 16, Township 138 North, Range 49 West. (Located at 8487 45th Street South) (Benjamin T. Richard):   APPROVED
(10:34 a.m.) Mr. Hinderaker summarized the staff report and stated 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 zone change from AG, Agricultural to SR-1, Single Dwelling as the proposal complies with the adopted Area Plan, Section 20-0906.F (1-4) and all other applicable requirements of the Land Development Code.  Second by Ms. Ulferts-Stewart.  On call of the roll Members Morrau, Palmes, Vigesaa, Ruth, Ulferts-Stewart, Fremstad, Slagle, and Paulsen voted aye.  Absent and not voting:  Members Brodshaug and Wiley.  The motion was declared carried.

The time at adjournment was 10:38 o’clock a.m.

Other Items
May 28, 2008 Brown Bag Luncheon
Topic:  Red River Greenway Study Update