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September 12, 2007

Fargo Planning Commission Regular Meeting
City Commission Chambers, City Hall

Broadcast Live on TV Fargo, Channel 99
Rebroadcast the 3rd Tuesday of the Month at 7:30 p.m. and Sundays at 8 a.m.

Agenda

 

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

A:   Approve Order of Agenda

B:   Minutes:  Regular Meeting of August 8, 2007

C:  Presentation of Downtown One-Way Conversion Proposal by Brian Gibson, Metro COG  

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

1.      2007-08-03Continued Hearing on a Petition requesting a Zoning Change from NC, Neighborhood Commercial, and SR-3, Single Family Residential to either NC, Neighborhood Commercial, or 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 Driveand 1117 13th Avenue South) (Steven W. Stremick) (mw)

2.      2007-09-01Hearing on a Petition for a Plat of Liberty Square Third Addition (Minor Subdivision) a replat of part of Lot 6, Block 1, Liberty Square Second Addition. (Located at 4351 23rd Avenue South) (Jeff Zeltinger) (jh)

3.      2007-09-02Hearing on a petition requesting a Plat of Town Square Village Second Addition (Minor Subdivision) a replat of Lots 1 through 8, Block 1, Town Square Village Addition. (Located at 4585, 4615, 4643, 4661, 4693, 4701, 4729, 4757 38th Avenue South) (Town SquareProperties, LLC) (mw)

4.      2007-09-03Hearing on a petition requesting a Zoning Change from SR-3, Single-Dwelling Residential to MR-2, Multi-Dwelling Residential on Lots 3 and 5 of Kirkham's Addition. (Located at 910 and 920 14th Street North) (Kimberly and Steven Fuhs) (mw)

5.      2007-09-04Hearing on a petition requesting a Plat of Tuscan Villas at Osgood Addition (Minor Subdivision) a replat of all of Lot 47, Block 5, Osgood Farms First Addition. (Located at 5505 44th Avenue South) (Larry Villella) (jh)

6.      2007-09-05Hearing on a petition requestiong a Plat of Urban Plains Park Addition (Major Subdivision) a replat of Lots 3 and 4, Block 6 of Urban Plains by Brandt First Addition and Lot 1, Block 1 of Urban Plains Center Addition.  (Located at 4972, 5022, and 5074 28th Avenue South.) (Blake Nybakken) (jh)

Other Items

Brown Bag Luncheon – Wednesday, September 26, 2007.

Additional information:

The Fargo Planning Commission Meeting is broadcast live the second Wednesday of the month at 8:00 a.m. Rebroadcast times are every Sunday at 9:00 a.m., the Third Tuesday of the month at 7:30 p.m., and the Fourth Wednesday of the month at 8:30 a.m. 

People with disabilities who plan to attend the meeting and need special accommodations should contact Hali Durand at 241-1474 or TDD at 241-8258. Please contact us at least three business days in advance of public meetings to give our staff adequate time to make arrangements.

Fargo Planning Commission

Regular Meeting

Wednesday, September 12, 2007

Present:        John Paulsen, Mark Brodshaug, Terry Nordenstrom, Kelly Ruth, Rich Slagle, Claire Vigesaa, Catherine Wiley

Absent:         Kristi Fremstad, Jeff Morrau, Jan Ulferts-Stewart

Chair Paulsen called the meeting to order.

Item A:  Approve Order of Agenda

Commissioner Vigesaa moved to approve the Order of Agenda as presented.  Second by Ruth.  All members present voted aye and the motion was declared carried.

Item B:  Minutes:  Regular Meeting of August 8, 2007.

Commissioner Nordenstrom moved to approve the minutes of the August 8, 2007 Planning Commission meeting.  Second by Vigesaa.  All members present voted aye and the motion was declared carried.

Item C:  Presentation of the Metro COG Downtown One-Way Conversion Proposal by Bob Stein

Bob Stein presented a summary of the Metro COG Downtown One-Way Conversion Proposal.

Item D:  Review of Interstate 29 and 52nd Avenue South Interchange Service Road Location by City Engineer Mark Bittner

City Engineer Mark Bittner presented a review of the Interchange Service Road Location by Interstate 29 and 52nd Avenue South.

At 8:40 a.m., the Board recessed until the 9:00 o’clock a.m. scheduled Hearings.

After recess:  All Commissioners present.  Chair Paulsen presiding.

Item #1:  2007-08-03Continued Hearing on a Petition requesting a Zoning Change from NC, Neighborhood Commercial, and SR-3, Single Family Residential to either NC, Neighborhood Commercial, or 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) APPROVED:

(9:00 a.m.Mark Williams reviewed the application and stated a zoning change from NC, Neighborhood Commercial and SR-3, Single-Dwelling Residential to LC, Limited Commercial was proposed at the August Planning Commission meeting.  He explained that denial was recommended by staff because they felt the zoning was not compatible with the neighborhood.  He stated the Planning Commission inquired about the south portion of the lot at 1117 13th Avenue South and requested staff review the application and meet with the applicant and the opposition within the neighborhood. 

After conversations with both parties, Mr. Williams stated no consensus was reached.  He said staff reevaluated the site and is recommending approval of NC, Neighborhood Commercial on the south 61 feet of the property located at 1117 13th Avenue South because the Land Development Code (LDC) requires a 10 foot residential protection buffer.

In answer to a question by Commissioner Wiley, Mr. Williams stated the north portion of the parcel at 1117 13th Avenue South will remain vegetative with SR-3, Single-Dwelling Residential zoning until the owner acquires more property.  He explained that the owner will not be able to pave the portion or put an accessory structure on the land.

Steven Stremick, applicant, stated he has no intention other than to leave the northern portion of the property as is until he acquires more property.  He stated he needs a place for a dumpster and small storage shed and therefore has requested 71 feet be rezoned in order to have 61 feet of useable land and 10 feet for a landscaping buffer.  

Kim LePage Briss, 1109 13th Avenue South, stated at the end of the last meeting, the Planning Commission requested staff look at a modification of the application to see if a consensus could be reached.  She said initially, she did not wish to meet with staff and the applicant because the criteria had not changed.  She said she had not heard anything else until last Wednesday when Mr. Williams said approval would be recommended by the staff.  She stated her concern regarding rezoning only a portion of the property as well as her concern regarding the removal of the house at 1117 13th Avenue South, which acts as a noise buffer for the neighborhood.  She requested the Hearing be continued to the October Planning Commission meeting to allow her time to prove that the criteria have not been met.  She stated she would like to have time to speak with realtors and attorneys regarding the situation.

In answer to a question by Commissioner Brodshaug to clarify her primary objection, Ms. Briss stated she is concerned with property value, and also with leveling a structure, which would allow an urban situation into a rural backyard park-like setting.  She stated there are many other reasons as well.

Planning Director Jim Gilmour stated the final decision will not be made today as this item will go to the City Commission on October 8th.  He said this will allow Ms. Briss the requested additional time.

In answer to a question by Commissioner Brodshaug, Mr. Williams stated staff is supportive of the 61 foot proposal based upon concerns voiced by the Planning Commission at the August Planning Commission meeting.

There was discussion regarding the effects for approving the rezoning of 61 feet versus 71 feet.  Mr. Williams stated the criteria would still be met with rezoning 71 feet.

Commissioner Slagle clarified that whether the Board approves 61 or 71 feet, the intent is that landscaping will buffer the boundary between adjacent properties and this property.

There was discussion regarding the placement of a dumpster and storage in relation to the adjacent property.

Commissioner Slagle moved the findings and recommendations of staff be accepted and approval of the zoning change from SR-3, Single-Dwelling Residential to NC, Neighborhood Commercial for the south 71 feet of the East 16.6 feet of Lot 6, the south 71 feet of Lot 7, and the south 71 feet of the West 8.4 feet of Lot 8, Block SS, Erskines Addition be recommended to the City Commission on the basis that review criteria of Section 20-0906.F (1-4) has been met.  Second by Vigesaa.  On call of the roll Commissioners Vigesaa, Wiley, Ruth, Brodshaug, Slagle, Nordenstrom, and Paulsen voted aye.  Absent and not voting:  Fremstad, Morrau, Ulferts-Stewart.  The motion was declared carried. 

(Commissioner Brodshaug absent.)

 

Item #2:  2007-09-01Hearing on a Petition for a Plat of Liberty Square Third Addition (Minor Subdivision) a replat of part of Lot 6, Block 1, Liberty Square Second Addition. (Located at 4351 23rd Avenue South)  APPROVED:

(9:30 a.m.)  Jim Hinderaker presented the staff report for the proposed plat.  He stated the primary issue surrounding the review of the replat involves the extinguishment and relocation of various easements.  He stated staff is comfortable that the issues of easements and access considerations have been resolved.

The Petitioner declined commenting on the application.

Commissioner Wiley moved the findings of staff be accepted and approval of Liberty Square Third Addition be recommended to the City Commission on the basis that it satisfactorily complies with the Comprehensive Plan Standards of Article 20-06 and all other applicable requirements of the LDC.  Second by Nordenstrom.  On call of the roll Commissioners Wiley, Slagle, Vigesaa, Ruth, Nordenstrom, and Paulsen voted aye.  Absent and not voting:  Brodshaug, Fremstad, Morrau, Ulferts-Stewart.  The motion was declared carried.

Item #3:  2007-09-02Hearing on a petition requesting a Plat of TownSquareVillage Second Addition (Minor Subdivision) a replat of Lots 1 through 8, Block 1, TownSquareVillage Addition. (Located at 4585, 4615, 4643, 4661, 4693, 4701, 4729, 4757 38th Avenue South) APPROVED:

(9:34 a.m.)  Mr. Williams reviewed the petition and stated the applicant hopes to construct single-family detached dwelling units on each lot creating a common access off of 38th Avenue South.  He stated the request meets the conditions as outlined in the LDC, however staff is concerned about ownership of common lots and how they will be maintained in the future.  He stated these issues should be addressed before the plat is recorded.

Mr. Hinderaker presented an update to the application and stated the four proposed shared access points are being modified to include three additional separate access points.  He said due to the fact that 38th Street is a local street, the Engineering Department is comfortable with the additional access points.  He explained the homeowners’ association covenants will address ownership and maintenance and an amenities plan will address matters between the City and the developer.  Mr. Hinderaker stated staff feels the approval criteria have been met.

In answer to a question by Commissioner Wiley, Mr. Hinderaker stated there is not a concern about access for emergency vehicles.

Don Dabbert, applicant, stated he is confident they can address the issues mentioned by Mr. Williams.  He stated a landscaping buffer will be included and Lot 3 will be used for water retention.

Commissioner Vigesaa moved the findings of staff be accepted and approval of Town Square Village Second Addition be recommended to the City Commission on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Article 20-06 and all other applicable requirements of the LCD.  Second by Wiley.  On call of the roll Commissioners Slagle, Vigesaa, Ruth, Wiley, Nordenstrom, and Paulsen voted aye.  Absent and not voting:  Brodshaug, Fremstad, Morrau, Ulferts-Stewart.  The motion was declared carried.

Item #4:  2007-09-03Hearing on a petition requesting a Zoning Change from SR-3, Single-Dwelling Residential to MR-2, Multi-Dwelling Residential on Lots 3 and 5 of Kirkham's Addition. (Located at 910 and 920 14th Street North) DENIED:

(9:42 a.m.)  Mr. Williams reviewed the petition and stated the property located at 910 14th Street North was initially constructed as a single-dwelling unit, and over years another dwelling was created at this address though no building permit information verifying the second dwelling unit within the structure was sought.  He explained 920 14th Street North is considered legal, non-conforming because it has been permitted for 3 units, but is non-conforming with the current zoning.  He stated a protest has been received from a neighbor within the 300 foot mailing area and staff is recommending denial.

Kimberly Fuse 910 14 Street North, stated her primary intent is to rent the property.  She stated it is close to NDSU and she plans to rent to four reputable college students in order to make it a feasible venture.

There was discussion regarding parking restrictions.

Bob Kiefert, neighbor, stated his opposition to the petition.  He said he feels that once the zoning is changed to multi-dwelling, there will be more problems and more vehicles.

Ron Schultz, ReMax Real Estate, stated the dwelling was built as a duplex, and he feels eventually this will become a college neighborhood.

Mr. Gilmour explained that several years ago staff worked with the neighborhood on a plan to preserve as many single family homes as possible.  He stated it is not appropriate to rezone an area to multiple when there are many existing single family homes in that area.

Commissioner Slagle moved the findings of staff be accepted and denial of the zoning change from SR-3 to MR-2 for Lots 3 and 5, Block 8, Kirkham’s Addition be recommended to the City Commission on the basis that review criteria of Section 20-0906.F (1, 3, and 4) has not been met.  Second by Wiley.  On call of the roll Commissioners Vigesaa, Ruth, Wiley, Slagle, Nordenstrom, and Paulsen voted aye.  Absent and not voting:  Brodshaug, Fremstad, Morrau, Ulferts-Stewart.  The motion was declared carried.

At 10:05 a.m. the Board took a five-minute recess.

After recess:   All Commissioners present.  Chair Paulsen presiding.

Item #5:  2007-09-04Hearing on a petition requesting a Plat of Tuscan Villas at Osgood Addition (Minor Subdivision) a replat of all of Lot 47, Block 5, Osgood Farms First Addition. (Located at 5505 44th Avenue South) APPROVED:

(10:10 a.m.)  Mr. Hinderaker presented the staff report for the proposed plat. 

Commissioner Slagle said the Osgood development is a good example of diversified housing, and while this petition fits within the criteria, he believes this proposal is not in congruity with the rest of the area and feels the developer is trying to place something in this area.  He said he would like to see a less dense plan.

Mr. Hinderaker stated he feels the proposed plan is a good fit with the existing development that has occurred within this SR-4 zoned area.  He said the plan fits within the requirements and the developer looked into the best fit for the area.

There was discussion regarding other housing options for the parcel.

The Petitioner declined commenting on the application.

Commissioner Nordenstrom stated his support for the proposal and explained there are varying degrees of quality in twinhomes.  He said this is a different style of housing which he believes can fit amongst the existing homes.

Mark Topp, Osgood Development, stated his support of the proposal.

Commissioner Vigesaa moved the findings of staff be accepted and approval of Tuscan Villas At Osgood Addition be recommended to the City Commission on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Article 20-06 and all other applicable requirements of the LDC.  Second by Nordenstrom.  On call of the roll Commissioners Wiley, Vigesaa, Ruth, Nordenstrom, and Paulsen voted aye. Commissioner Slagle voted nay.  Absent and not voting:  Brodshaug, Fremstad, Morrau, Ulferts-Stewart.  The motion was declared carried.

Item #6:  2007-09-05Hearing on a petition requestiong a Plat of Urban Plains Park Addition (Brandt Park Addition ) (Minor Subdivision) a replat of Lots 3 and 4, Block 6 of Urban Plains by Brandt First Addition and Lot 1, Block 1 of Urban Plains Center Addition.  (Located at 4972, 5022, and 5074 28th Avenue South.) APPROVED:

(10:30 a.m.)  Mr. Hinderaker reviewed the petition and stated it is supported by staff.  He said the primary purpose of the replat is to address ownership issues between the developer and the Fargo Park District.

Commissioner Wiley moved the findings of staff be accepted and approval of Urban Plains Park Addition (Brandt Park Addition) be recommended to the City Commission on the basis that it satisfactorily complies with the Comprehensive Plan Standards of Article 20-06 and all other applicable requirements of the LDC.  Second by Slagle.  On call of the roll Commissioners Ruth, Wiley, Vigesaa, Slagle, Nordenstrom, and Paulsen voted aye.  Absent and not voting:  Brodshaug, Fremstad, Morrau, Ulferts-Stewart.  The motion was declared carried.

The time at adjournment was 10:33 o’clock a.m.

Other Items

Brown Bag Luncheon – Wednesday, September 26, 2007

Topic:  Proposed Text Amendments initiated by staff