Skip navigation
 
 

Wednesday, December 10, 2008 at 9:00 a.m.

Fargo Planning Commission Regular Meeting

City Commission Chambers, City Hall

Agenda

 

9:00 a.m. Items A and B

A:     Approve Order of Agenda

B:     Minutes:  Regular Meeting of November 12, 2008

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

1.         Hearing on a Petition requesting a Conditional Use Permit for an Alternative Access and Parking Plan for a shared parking agreement between a portion of Lots 12, 13, 15, and a separate portion of Lot 15, Block 6 of Westfield First Addition to the City of Fargo, Cass County, North Dakota. (Located at 4554 7th Avenue South and 745 45th Street South) (Dana C. Coulter, LLC.)

2a.       Hearing on a Petition requesting a Zoning Change from AG, Agriculture to SR-1, Single Dwelling on Lots 1 through 13, Block 1; and from AG, Agriculture to P/I, Public and Institutional on Lots 14 and 15, Block 1, and Lot 1, Block 2, all of the proposed Black Diamond Estates Addition. (Located at 2931 64th Avenue South) (Michael Domitrovich)

2b.       Hearing on a Petition requesting a Plat of Black Diamond Estates Addition (Major Subdivision) for part of the south half of Section 2, Township 138 North, Range 49 West of the Fifth Principal Meridian, Cass County, North Dakota. (Located at 2931 64th Avenue South) (Michael Domitrovich)

3.         Hearing on a Petition requesting a Conditional Use Permit for an Alternative Access and Parking Plan for a shared parking agreement on portions of Lots 2, 3, 4, 5, and 6, Block 2 of Sak’s Addition.  (Located at 3316 and 3340 13th Avenue South; 3350 34th Street South; 1340 34th Street South) (DeMars & Turman, Ltd.)

4.         Hearing on a staff initiated Petition requesting a Text Amendment to amend Article 20-0609 Sidewalks of the Fargo Municipal Code (Land Development Code) (City of Fargo)

Other Items

A)           Brown Bag Luncheon – Wednesday, December 24, 2008.

B)           Review annexation of south side school and other adjacent property

C)           Continuation of Rakowski Appeal

BOARD OF PLANNING COMMISSIONERS

Minutes

 

Regular Meeting:                     Wednesday:                    December 10, 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 9:00 o'clock a.m., Wednesday, December 10, 2008.

The Planning Commissioners present or absent were as follows:

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

Absent:          Kristi Fremstad, John Miller, Catherine Wiley

Chair Paulsen called the meeting to order.

Item A:            Approve Order of Agenda

Chair Paulsen noted Item Nos. 2a, 2b, and 4 will be continued to January 14, 2009 and the December 24, 2008 Brown Bag Luncheon will be cancelled.  Mr. Paulsen stated, in agreement with Jonathan Garaas, Attorney representing William F. Rakowski, the Rakowski Appeal item will be continued to February 11, 2009.  Mr. Morrau moved to approve the Order of Agenda as amended.  Second by Ms. Palmes.  All Members present voted aye and the motion was declared carried.

Item B:            Minutes:  Regular Meeting of November 12, 2008

Ms. Steffes moved to approve the minutes of the November 12, 2008 Planning Commission meeting.  Second by Ms. Palmes.  All Members present voted aye and the motion was declared carried.

Item 1:            Hearing on a Petition requesting a Conditional Use Permit for an Alternative Access and Parking Plan for a Shared Parking Agreement between a portion of Lots 12, 13, 15, and a separate portion of Lot 15, Block 6 of Westfield First Addition to the City of Fargo, Cass County, North Dakota. (Located at 4554 7th Avenue South and 745 45th Street South) (Dana C. Coulter, LLC.):  Approved

(9:01 a.m.) City Planner Mark Williams presented the staff report for the proposed Conditional Use Permit.  He explained that based on the excessive amount of parking located at 745 45th Street South, it is clear the parking was intended to accommodate the future development of 4554 7th Avenue South.  He further explained the reason the Shared Parking Agreement is required is because the property has been sold.  Mr. Williams stated staff is recommending approval of the petition as all approval criteria have been met.

In response to a question posed by Mr. Slagle, Mr. Williams stated the public will approach the property from 7th Avenue South as there is not direct access to 45th Street.

The Petitioner declined commenting on the application.

Mr. Morrau moved the findings and recommendations of staff be accepted and the proposed Conditional Use Permit for an Alternative Access and Parking Plan for a Shared Parking Agreement for 32 parking spaces be approved as it complies with Section 20-0909.D (1-6) of the Land Development Code.  Second by Ms. Ulferts-Stewart.  On call of the roll Members Steffes, Ulferts-Stewart, Palmes, Morrau, Slagle, and Paulsen voted aye.  Absent and not voting:  Members Fremstad, Miller, and Wiley.  The motion was declared carried.

Item 2a:          Hearing on a Petition requesting a Zoning Change from AG, Agricultural to SR-1, Single Dwelling on Lots 1 through 13, Block 1; and from AG, Agricultural to P/I, Public and Institutional on Lots 14 and 15, Block 1, and Lot 1, Block 2, all of the proposed Black Diamond Estates Addition. (Located at 2931 64th Avenue South) (Michael Domitrovich):  CONTINUED TO JANUARY 14, 2009

Item 2b:          Hearing on a Petition requesting a Plat of Black Diamond Estates Addition (Major Subdivision) for part of the south half of Section 2, Township 138 North, Range 49 West of the Fifth Principal Meridian, Cass County, North Dakota. (Located at 2931 64th Avenue South) (Michael Domitrovich):  CONTINUED TO JANUARY 14, 2009

This was the time and date set for Hearings on petitions requesting a zoning change for property located at 2931 64th Avenue South and a plat of Black Diamond Estates Addition; however the applicant has requested the Hearings be continued to January 14, 2009.

Item 3:            Hearing on a Petition requesting a Conditional Use Permit for an Alternative Access and Parking Plan for a Shared Parking Agreement on portions of Lots 2, 3, 4, 5, and 6, Block 2 of Sak’s Addition.  (Located at 3316 and 3340 13th Avenue South; 3350 34th Street South; 1340 34th Street South) (DeMars & Turman, Ltd.):  APPROVED

(9:05 a.m.) Jim Hinderaker presented the staff report for the proposed Conditional Use Permit for a Shared Parking Agreement.  He noted the Petitioner is aware the Shared Parking Agreement will need to be considered during future plans.  Mr. Hinderaker stated the approval criteria have been met and staff is recommending approval.

Attorney Joe Turman stated the parking arrangement has been in effect for years.  He noted there is a whole host of parking that can be utilized in the future.

Ms. Steffes moved the findings and recommendations of staff be accepted and the proposed Conditional Use Permit for an Alternative Access and Parking Plan be approved as the proposal complies with Section 20-0909.D (1-6) of the Land Development Code.  Second by Ms. Palmes.  On call of the roll Members Palmes, Morrau, Steffes, Ulferts-Stewart, Slagle, and Paulsen voted aye.  Absent and not voting:  Members Fremstad, Miller, and Wiley.  The motion was declared carried.

Item 4:            Hearing on a staff initiated Petition requesting a Text Amendment to amend Article 20-0609 Sidewalks of the Fargo Municipal Code (Land Development Code) (City of Fargo):  CONTINUED TO JANUARY 14, 2009

This was the time and date set for a Hearing on a text amendment to amend Article 20-0609 Sidewalks of the Fargo Municipal Code (Land Development Code); however, staff has requested the Hearing be continued to January 14, 2009.

Other Items

A)           Brown Bag Luncheon – Wednesday, December 24, 2008:  CANCELLED

B)           Review annexation of south side school and other adjacent property

Planning Director Jim Gilmour stated the annexation will allow for the City of Fargo to extend streets and other utilities to serve the new Davies High School and other adjacent development.  He noted this includes 25th Street South between the City limits and 76th Avenue South, 76th Avenue South between University and 25th Street, and 64th Avenue South, west of 25th Street.  He noted a hearing is scheduled for the December 29, 2008 City Commission meeting.

Ms. Ulferts-Stewart moved approval be recommended of the proposed annexation of 419 acres of land into the City of Fargo.  Second by Mr. Morrau.  On call of the roll Members Ulferts-Stewart, Palmes, Morrau, Steffes, Slagle, and Paulsen voted aye.  Absent and not voting:  Members Fremstad, Miller, and Wiley.  The motion was declared carried.

C)           Continuation of Rakowski Appeal:  CONTINUED TO FEBRUARY 11, 2009

The time at adjournment was 9:16 a.m.