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Wednesday, November 12, 2008 at 8:30 a.m.

Fargo Planning Commission Regular Meeting

City Commission Chambers, City Hall

Agenda

 

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

**UPDATE**  The meeting will start at 8:30 a.m.

A:      Approve Order of Agenda

B:      Minutes:  Regular Meeting of October 8, 2008

C:     2008 Vision Award Update

D:     Annexation Update

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

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

2.         Continued Hearing on a Petition requesting a Zoning Change from NC, Neighborhood Commercial to LC, Limited Commercial with a Conditional Overlay on the south 51 feet of Lots 1, 2, 3, 4, and 5; the south 51 feet of the south 101 feet of the west 8.4 feet of Lot 6; the southern 70 feet of 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 to the City of Fargo, Cass County, North Dakota.  (Located at 1117 and 1155 13th Avenue South) (Steven Stremick)  ACCELERATED:

3a.       Hearing on a Petition requesting a Plat of Asplin Third Addition (Minor Subdivision) a replat of Lot 1, Block 1, Asplin Subdivision and Lot 1, Block 1, Asplin Second Subdivision together with a part of the southeast quarter of Section 22, Township 139 North, Range 49 West of the Fifth Principal Meridian to the City of Fargo, Cass County, North Dakota. (Located at 3050 and 3100 41st Street South) (Asplin Brothers Properties, LLC)

3b.       Hearing on a Petition requesting a Zoning Change from LC, Limited Commercial and AG, Agricultural to LC, Limited Commercial on the proposed Lot 3, Block 1 of Asplin Third Addition to the City of Fargo, Cass County, North Dakota (Located at 3010 and 3030 41st Street South) (Asplin Brothers Properties, LLC)

4.         Hearing on a Petition requesting a Zoning Change from SR-2, Single-Dwelling to LC, Limited Commercial on Block 4, Laurence Yunker 1st Addition.  (Located at 2900 Broadway North) (Brian C. Berg)

5.         Hearing on a Petition requesting a Zoning Change from SR-3, Single-Dwelling to SR-4, Single-Dwelling on Lots 1 through 20 and Lots 23-36, Block 6, Maple Valley Addition.  (Located at 6007 through 6293 35th Street South, (odd numbers only)) (Michael Domitrovich)

6.         Hearing on a Petition requesting a Text Amendment to amend Article 20-0302 Planned Unit Development of the Fargo Municipal Code (Land Development Code) to expand the standards currently eligible for modification.  (City of Fargo)

Other Items

Bus Tour at noon on Tuesday, November 18, 2008 in lieu of Brown Bag Luncheon.

BOARD OF PLANNING COMMISSIONERS

Minutes

 

Regular Meeting:                     Wednesday:                     November 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 8:30 o'clock a.m., Wednesday, November 12, 2008.

The Planning Commissioners present or absent were as follows:

Present:         John Paulsen, John Miller, Peggy Palmes, Kelly Steffes, Rich Slagle, Jan Ulferts-Stewart

Absent:          Kristi Fremstad, Jeff Morrau, Catherine Wiley

Chair Paulsen called the meeting to order.

Mr. Paulsen introduced and welcomed John Miller as a new County Commission appointment to the Planning Commission.

Item A:           Approve Order of Agenda

Chair Paulsen noted Item No. 1 has been withdrawn at the request of the Petitioner.  Ms. Ulferts-Stewart moved to approve the Order of Agenda as amended.  Second by Mr. Slagle.  All Members present voted aye and the motion was declared carried.

Item B:           Minutes:  Regular Meeting of October 8, 2008

Ms. Steffes moved to approve the minutes of the October 8, 2008 Planning Commission meeting.  Second by Ms. Palmes.  All Members present voted aye and the motion was declared carried.

Item C:           2008 Vision Award Update

City Planner Nicole Crutchfield presented the Board with a summary of projects to be considered for the 2008 Vision Award.

Item D:           Annexation Update

Planning Director Jim Gilmour presented the Board with an update on the Fargo School District request for annexation of property that is planned for the new Davies High School site, located south of 64th Avenue South and east of 25th Street.

Item 1:            Continued Hearing on a Petition requesting a Zoning Change from SR-2, Single-Dwelling to SR-4, Single-Dwelling on an unplatted tract of land on a portion of the southeast quarter of Section 36, Township 139 North, Range 49 West. (Located at 1141 48th Avenue South) (Curt Reeff):  WITHDRAWN

A Hearing had been set for July 9, 2008 on a petition requestinga zoning change on a portion of the southeast quarter of Section 36, Township 139 North, Range 49 West.

At the July 9, 2008 meeting, the Hearing was continued to August 13, 2008.

At the August 13, 2008 meeting, the Hearing was continued to September 10, 2008.

At the September 10, 2008 meeting, the Hearing was continued to this date and hour; however, the Petitioner has withdrawn the petition.

At 9:07 a.m. the Board took a five-minute recess.

After recess:  All Members present except Fremstad, Morrau, and Wiley.  Chair Paulsen presiding.

Item 2:            Continued Hearing on a Petition requesting a Zoning Change from NC, Neighborhood Commercial to LC, Limited Commercial with a Conditional Overlay on the south 51 feet of Lots 1, 2, 3, 4, and 5; the south 51 feet of the south 101 feet of the west 8.4 feet of Lot 6; the southern 70 feet of 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 to the City of Fargo, Cass County, North Dakota.  (Located at 1117 and 1155 13th Avenue South) (Steven Stremick):  APPROVED

(9:12 a.m.) A Hearing had been set for October 8, 2008 on a petition requesting a zoning change on a portion of Block SS of Erskines Addition.

At the October 8, 2008 meeting, the Hearing was continued to this date and hour.

City Senior Planner Jim Hinderaker presented the staff report for the proposed zoning change.  He noted the Petitioner is requesting the LC, Limited Commercial zone district classification in order to increase the amount of signage that is currently allowed under the NC, Neighborhood Commercial zone district, and to reduce the setback standards of the Neighborhood Commercial zone district.  He noted the proposed Conditional Overlay addresses both of these issues.  Mr. Hinderaker stated, while staff does not have concerns about the setback issue, signage is a concern as staff is struggling with the commercial to neighborhood transition.  He said staff is recommending the signage be limited to a monument sign up to six feet in height.  Mr. Hinderaker stated no feedback from the public was received regarding this Hearing.

Applicant Steven Stremick stated his desire to install a sign tall enough to be visible when traffic is in place.  He proposed a four-sided, electronic LED sign that would encompass the tree.

Mr. Hinderaker stated staff’s concern is that the sign be compatible with the neighborhood to the north.  He said he understands the need for signage; however, staff is recommending denial unless the sign is limited to a monument sign, six feet in height maximum, in order to be on a human scale and consistent with signage across the street to the west.

Ms. Ulferts-Stewart moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the zoning change and Conditional Overlay on the basis that the review criteria of Section 20-0906.F (1-4) have been met.  

Second by Ms. Palmes. 

In answer to a question posed by Mr. Slagle, Mr. Hinderaker stated wording may be included in the motion to determine the future of the tree, but it will not guarantee enforcement.

Discussion ensued regarding the tree and whether or not it is a visual obstruction to the proposed signage.

Mr. Miller asked whether conversations with Mr. Stremick have been exhausted regarding size and style of signage.

Jim Hinderaker stated staff wants to consider a monument sign, not a free standing sign.  He said staff’s perspective is that one to two additional feet in height will not make a difference in visibility.  He reiterated that staff feels the sign needs to be consistent with signage across the street to the west.

On call of the roll Members Ulferts-Stewart, Slagle, and Paulsen voted aye.  Members Palmes, Miller, and Steffes voted nay.  Absent and not voting:  Fremstad, Morrau, and Wiley.  The motion was declared failed for lack of a majority.

Mr. Miller stated he would like to explore the possibility of a compromise on the style of the sign along with added height.

Mr. Slagle stated he would like to see how the monument sign would be hindered by the tree.

There was discussion regarding the maximum acceptable height of a monument sign.

Mr. Stremick stated he would be comfortable with nine feet.

Mr. Slagle moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the zoning change and Conditional Overlay on the basis that the review criteria of Section 20-0906.F (1-4) have been met, with the change in the height of the monument sign to be 8 feet 6 inches and that the City Forester be involved in the plans for the tree.  Second by Ms. Ulferts-Stewart.  On call of the roll Members Palmes, Miller, Steffes, Ulferts-Stewart, Slagle, and Paulsen voted aye.  Absent and not voting:  Members Fremstad, Morrau, and Wiley.  The motion was declared carried.

At 10:04 a.m. the Board took a five-minute recess.

After recess:  All Members present except Fremstad, Morrau, and Wiley.  Chair Paulsen presiding.

Item 3a:         Hearing on a Petition requesting a Plat of Asplin Third Addition (Minor Subdivision) a replat of Lot 1, Block 1, Asplin Subdivision and Lot 1, Block 1, Asplin Second Subdivision together with a part of the southeast quarter of Section 22, Township 139 North, Range 49 West of the Fifth Principal Meridian to the City of Fargo, Cass County, North Dakota. (Located at 3050 and 3100 41st Street South) (Asplin Brothers Properties, LLC):  APPROVED

 

Item 3b:         Hearing on a Petition requesting a Zoning Change from LC, Limited Commercial and AG, Agricultural to LC, Limited Commercial on the proposed Lot 3, Block 1 of Asplin Third Addition to the City of Fargo, Cass County, North Dakota (Located at 3010 and 3030 41st Street South) (Asplin Brothers Properties, LLC):  APPROVED

(10:13 a.m.) City Planner Mark Williams presented the staff report for the proposed plat and zoning change.  He noted the Applicant hopes to plat and zone the properties for possible future development.  He noted there is a Planned Unit Development currently in place, which shall remain, 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 be recommended to the City Commission of the proposed Asplin Third Addition and zoning change from AG, Agricultural and LC, Limited Commercial to LC, Limited Commercial 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, along with carrying forward the Planned Unit Development currently in place.  Second by Ms. Steffes.  On call of the roll Members Palmes, Miller, Steffes, Ulferts-Stewart, Slagle, and Paulsen voted aye.  Absent and not voting:  Members Fremstad, Morrau, and Wiley.  The motion was declared carried.

Item 4:            Hearing on a Petition requesting a Zoning Change from SR-2, Single-Dwelling to LC, Limited Commercial on Block 4, Laurence Yunker 1st Addition.  (Located at 2900 Broadway North) (Brian C. Berg):  APPROVED

(10:17 a.m.) Mark Williams presented the staff report for the proposed zoning change.  He noted all approval conditions have been met as outlined in the Land Development Code and stated staff is recommending approval.

The Petitioner declined commenting on the application.

Ms. Ulferts-Stewart voiced her concern about the need to define an appropriate zoning district for religious institutions.

In response to Ms. Ulferts-Stewart’s concern, Jim Hinderaker stated the size of the church and how close it is to a residential neighborhood need to be considered.  He stated larger churches are trying to expand the uses they provide, such as adding daycare services.  He noted that Limited Commercial zoning makes sense for larger churches.

Ms. Palmes moved the findings of staff be accepted and approval be recommended to the City Commission of the proposed zoning change from SR-2, Single-Dwelling to LC, Limited 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. Steffes.  On call of the roll Members Miller, Ulferts-Stewart, Steffes, Palmes, Slagle, and Paulsen voted aye.  Absent and not voting:  Members Fremstad, Morrau, and Wiley.  The motion was declared carried.

Item 5:            Hearing on a Petition requesting a Zoning Change from SR-3, Single-Dwelling to SR-4, Single-Dwelling on Lots 1 through 20 and Lots 23-36, Block 6, Maple Valley Addition.  (Located at 6007 through 6293 35th Street South, (odd numbers only)) (Michael Domitrovich):  APPROVED

(10:22 a.m.) Jim Hinderaker reviewed the staff report for the proposed zoning change and stated staff is recommending approval.

The Petitioner declined commenting on the application.

Ms. Steffes moved the findings of staff be accepted and approval be recommended to the City Commission of the proposed zoning change from SR-3, Single-Dwelling to SR-4, Single-Dwelling on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4), and all other applicable requirements of the Land Development Code.  Second by Mr. Miller.  On call of the roll Members Ulferts-Stewart, Palmes, Miller, Steffes, Slagle, and Paulsen voted aye.  Absent and not voting:  Members Fremstad, Morrau, and Wiley.  The motion was declared carried.

Item 6:            Hearing on a Petition requesting a Text Amendment to amend Article 20-0302 Planned Unit Development of the Fargo Municipal Code (Land Development Code) to expand the standards currently eligible for modification.  (City of Fargo):  APPROVED

(10:25 a.m.) Jim Hinderaker reviewed the staff report for the proposed text amendment. 

Chair Paulsen asked for clarification regarding standard number five related to an increase in height limits of the underlying zoning district during the Planned Unit Development review and approval process.

Jim Hinderaker noted this amendment would allow the Planning Commission to recommend to the City Commission a change in height.

Ms. Ulferts-Stewart moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed text amendment of Section 20-0302 (E) of Article 20-03 of Chapter 20 of the Land Development Code as the proposal meets the approval criteria of Section 20-0904(E)(1-4) of the Land Development Code.  Second by Ms. Palmes.  On call of the roll Members Steffes, Miller, Ulferts-Stewart, Palmes, Slagle, and Paulsen voted aye.  Absent and not voting:  Members Fremstad, Morrau, and Wiley.  The motion was declared carried.

The time at adjournment was 10:33 a.m.

Other Items

There will be a bus tour at noon on Tuesday, November 18, 2008 in lieu of the Brown Bag Luncheon.