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Wednesday, July 11, 2007 at 8:00 a.m.

Fargo Planning Commission Regular Meeting
City Commission Chambers, City Hall
Website: http://www.cityoffargo.com/planning/
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 May 9, 2007
C:      Presentation by Bob Stein on the Downtown Framework Plan

Public Hearings 9:00 - 9:45 a.m. Items 1 through 4
1.      (2007-06-09a) Continued Hearing on a Petition requesting a Plat of Agassiz Crossing Third Addition (Major Subdivision) a replat of Lots 4, 5, and 6, Block 1 and Lots 2, 3, and 4, Block 2 of Agassiz Crossing First Addition.  (Located West of the intersection of Agassiz Crossing and 23rd Avenue South about 460 feet)  (Dan Marty)  (mw)

(2007-06-09b) Hearing on a Petition requesting a Zoning Change from GO, General Office and GC, General Commercial to GO, General Office on Lot 2, Block 1 of Agassiz Crossing 3rd Addition. (Located at 4900 and 4901 Agassiz Crossing South)  (Dan Marty)  (mw)

2.      (2007-07-01) Hearing on a Petition requesting a Zoning Change from AG, Agricultural to LC, Limited Commercial on the West half of the Northwest quarter of Section 3, Township 138, Range 49 West. (Located at the Southeast corner of 45th Street and 52nd Avenue South at 5498 and 5776 45th Street South) (Larry Scheffler) (jh)

3.      (2007-07-02a) Hearing on a Petition requesting a Plat (Minor Subdivision) of King Second Addition a replat of Lots 1-6, Block 1, King Addition.  (Located at 3120, 3142, and 3170 44th Street South; 3173 and 3155 43rd Street South; 4381 32nd Avenue South; and 4425 31st Avenue South) (Borg Properties 45th, LLC) (mw)

(2007-07-02b) Hearing on a Petition requesting a Zoning Change from LC, Limited Commercial, to MR-3, Multi-Dwelling Residential, on the north 20.28 feet of Lots 1 and 2, Block 1, King Addition.  (Located at 3170 44th Street South and 3173 43rd Street South)  (Borg Properties 45th LLC, Borg Properties Residential 2, LLC) (mw)

4.      (2007-07-03) Hearing on a Petition requesting a Conditional Use Permit to allow expansion of a health care facility within: a) an MR-3, Multi-Dwelling Residential zoning district on parts of Lot 9 and 10, Block 2, Island Park Addition and b) within an SR-4, Single-Dwelling Residential zoning district on the north 82 feet of Lot 16, Block 2, Island Park Addition.  (Located at 602, 604, and 616 3rd Street South)  (S & I Properties, LLC, Strategic Investors, LLC)  (mw)

Public Hearings 10:00-10:45 a.m. Items 5-12

5.      (2007-07-04) Hearing on a Petition requesting a Plat (Minor Subdivision) of Cape Development Addition a replat of Lot 6, Block 1, Master Addition.  (Located at 333 South 27 Circle)  (Sean Kelly)  (jh)

6.      (2007-07-05) Hearing on a Petition requesting a Plat (Minor Subdivision) of Elise’s First Addition a replat of Lots 1-16, Block 1, Woytassek Addition.  (Located at 5212-5528 Bishops Boulevard South)  (Rob Jordahl)  (bm)

7.      (2007-07-06) Hearing on a Petition requesting a Plat (Minor Subdivision) of 44th Street Villa a replat of Lots 13 and 14, Block 1, Woodhaven Fourth Addition.  (Located at 4705 44th Street South)  (Flyod Savageau)  (mw)

8.      (2007-07-07) Hearing on a Petition requesting a Vacation Plat to vacate the alley between Lots 1-12, Block 21, Roberts Second Addition.  (Located in the 900 block between 2nd Avenue North and 3rd Avenue North)  (NDSU Development Foundation)  (jh)

9.      (2007-07-08) Hearing on a Petition requesting a Plat (Minor Subdivision) of Concierge Addition Southwest a replat of Lot 2, Block 1, William A. Schlossman Addition.  (Located at 4325 17th Avenue South)  (Concierge Hotel Fargo, LLC)  (jh)

10.      (2007-07-09) Hearing on a Petition requesting a Plat (Minor Subdivision) of Isaak-Dosch First Addition a replat of Lot 1, Block 1, William A. Schlossman Addition.  (Located at 4310 15th Avenue South)  (David d. Isaak)  (jh)

11.      (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 South and west of Interstate 29) (jh)

12.      (2007-07-11) Hearing on a Petition requesting a Conditional Use Permit for an Alternative Access Plan to reduce the number of required parking spaces from 341 parking spaces to 281 parking spaces of the Amber Valley Retail Center, Lots 1-5, Block 1, Amber Valley Business Center First Addition. (Located at 2501, 2551, and 2581 45th Street South) (jh)

Other Items
Brown Bag Luncheon – Wednesday, July 25, 2007

 

Fargo Planning Commission

Regular Meeting

Wednesday, July 11, 2007 at 8:00 a.m.

Present: Claire Vigesaa, Jeff Morrau, Catherine Wiley, Jan Ulferts-Stewart, Kelly Ruth, Mark Brodshaug, Rick Slagle, Kristi Fremstad, John Paulsen

Absent:   Terry Nordenstrom  

Item A: Approve Order of Agenda ( 8:00 a.m. )

Ulferts-Stewart moved to approve the Order of Agenda with the following amendments: Item 2 has been continued until the October meeting; Item 4 has been withdrawn by the petitioner; Item 11 has been continued until the August meeting; a presentation by Bill Mahar has been added; and a presentation by Mark Bittner has been added. Second by Ruth. All Commissioners present voted aye and the motion was declared carried.

Item B: Minutes: Regular Meeting of June 13, 2007 ( 8:01 a.m. )

Brodshaug moved to approve the Minutes of the June 13, 2007 Planning Commission meeting as presented. Second by Morrau. All Commissioners present voted aye and the motion was declared carried.

Item C. Presentation by Bill Mahar on the bridge and bike trail systems. ( 8:02 a.m. )

Mr. Mahar presented visual representation of the current and future trail systems that have been and will be established along 45th Street South and other major spines from Urban Plains to 64th Avenue South . The City has received a transportation grant to construct more trails from Rose Creek and further. Goals for 2008 include completing 42nd Street and completing 52nd Avenue South bike trails. Once flood protection is constructed for the Northern parts of the city, plans can be developed for more bike paths to link the North and South.

Mr. Mahar also presented a model of a proposed Downtown Riverfront Development Plan for the Midtown Dam area and 2nd Street .

Mark Bittner, City Engineer, is currently initiating a study on this particular area. The study is a slow-moving process but states that Mr. Mahar’s proposal is timed perfect.

Item D:  Presentation by Bob Stein on the Downtown Framework Plan ( 8:27 a.m. )

Bob Stein presented an overview of the Downtown Framework Plan process.

Goals and Objectives of the Downtown Framework Plan are: Economic vitality; Balance housing choices; Vibrant city center; and Unique character.

The next steps are river-oriented development, town and gown development-student oriented development, civic development, and corridor development.

Dave Anderson, president of Downtown Community Partnership, stated that a “Cruising Night” has been established to promote the downtown. One night a month from June through September classic cars and roadsters can “cruise” Broadway and show off their wheels.

Commissioner Linda Coates also expressed her support of promoting performing arts downtown. Currently, Lake Agassiz Arts Council is promoting such a center and is conducting a study which will be reported around the holiday season. The goal is to bring Moorhead and Fargo together.

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

1.  (2007-06-09a) Continued Hearing on a Petition requesting a Plat of Agassiz Crossing Third Addition (Major Subdivision) a replat of Lots 4, 5, and 6, Block 1 and Lots 2, 3, and 4, Block 2 of Agassiz Crossing First Addition.  (Located West of the intersection of Agassiz Crossing and 23rd Avenue South about 460 feet) (2007-06-09b) Hearing on a Petition requesting a Zoning Change from GO, General Office and GC, General Commercial to GO, General Office on Lot 2, Block 1 of Agassiz Crossing 3rd Addition. (Located at 4900 and 4901 Agassiz Crossing South) ( 9:06 a.m. ) ( 9:00 a.m. ) APPROVED:

Mark Williams presented information on the petition. All the conditions have been met as determined by the Land Development Code and no opposition has been received from property owners.

Morrau moved to accept the findings of staff and recommend approval to the City Commission of the proposed major subdivision and zoning change as it complies with the approval criteria set forth in the Land Development Code. Second by Wiley. All Commissioners present voted aye and the motion was declared carried.

2.  (2007-07-01) Hearing on a Petition requesting a Zoning Change from AG, Agricultural to LC, Limited Commercial on the West half of the Northwest quarter of Section 3, Township 138, Range 49 West. (Located at the Southeast corner of 45th Street and 52nd Avenue South at 5498 and 5776 45th Street South ) ( 9:08 a.m. ) CONTINUED UNTIL THE OCTOBER PLANNING COMMISSION MEETING:

3.  (2007-07-02a) Hearing on a Petition requesting a Plat (Minor Subdivision) of King Second Addition a replat of Lots 1-6, Block 1, King Addition.  (Located at 3120, 3142, and 3170 44th Street South; 3173 and 3155 43rd Street South; 4381 32nd Avenue South; and 4425 31st Avenue South ) (2007-07-02b) Hearing on a Petition requesting a Zoning Change from LC, Limited Commercial, to MR-3, Multi-Dwelling Residential, on the north 20.28 feet of Lots 1 and 2, Block 1, King Addition.  (Located at 3170 44th Street South and 3173 43rd Street South ) ( 9:10 a.m. ) APPROVED:

Mark Williams presented information on the above petition. The applicant requested to move the lot line and create more open space for the existing apartment building. All conditions are met according to the Land Development Code.

Vigesaa moved to accept the findings of staff and recommend approval to the City Commission of the proposed Minor Subdivision and Zoning Change as it complies with the approval criteria set forth in the Land Development Code with the understanding that the 32nd Avenue right-of-way will be resolved. Second by Wiley. All Commissioners present voted aye and the motion was declared carried.

(9:17 a.m.) Presentation by Mark Bittner.

Mr. Bittner presented information on the SW¼, Section 35, Township 139N, Range 49W regarding the Hector property and spoke on how to develop road systems within the section. He also provided visual representations (comparisons of what the proposal may imply) of the various options to be constructed.

Commissioner Linda Coates stated the City Commission will need to make a decision on the frontage roads. This proposal takes a step forward in insulating the neighborhoods.

Jim Gilmour stated that if the City Commission makes a change on the frontage road they still have the opportunity to deny the Growth Plan.

It was suggested that the size of a building could be limited and design standards could be implemented to minimize commercial impact.

Presently, separating the frontage road location is in the works and then the plan amendments will be developed. After the City Commission decision, opening bids will begin in November.

4.  (2007-07-03) Hearing on a Petition requesting a Conditional Use Permit to allow expansion of a health care facility within: a) an MR-3, Multi-Dwelling Residential zoning district on parts of Lot 9 and 10, Block 2, Island Park Addition and b) within an SR-4, Single-Dwelling Residential zoning district on the north 82 feet of Lot 16, Block 2, Island Park Addition.  (Located at 602, 604, and 616 3rd Street South )  ( 9: 59 a.m. ) WITHDRAWN BY THE PETITIONER:

Public Hearings 10:00-10:45 a.m. Items 5-12

5.  (2007-07-04) Hearing on a Petition requesting a Plat (Minor Subdivision) of Cape Development Addition a replat of Lot 6, Block 1, Master Addition.  (Located at 333 South 27 Circle)  ( 10:04 a.m. ) APPROVED:

Mark Williams presented information on the petition. The petition meets all requirements as determined by the Land Development Code.

Wiley moved to accept the findings of staff and recommend approval of the Cape Development addition to the City Commission. Second by Morrau. All Commissioners present voted aye and the motion was declared carried.

6.   (2007-07-05) Hearing on a Petition requesting a Plat (Minor Subdivision) of Elise’s First Addition a replat of Lots 1-16, Block 1, Woytassek Addition.  (Located at 5212-5528 Bishops Boulevard South )  ( 10:07 a.m. ) APPROVED:

Bill Mahar presented information on the petition to divide the lots. Staff is recommending approval.

Mike Sells, Moore Engineering, stated they have decreased the density, retained the trees, have proposed no zoning changes, and addresses all of the issues. Mr. Mahar did speak to some residents and there has been no opposition to the petition.

Brodshaug moved to accept the findings of staff and recommend approval to the City Commission of the minor subdivision of Elise’s First Addition. Second by Ruth. All Commissioners present voted aye and the motion was declared carried.

7.   (2007-07-06) Hearing on a Petition requesting a Plat (Minor Subdivision) of 44th Street Villa a replat of Lots 13 and 14, Block 1, Woodhaven Fourth Addition.  (Located at 4705 44th Street South )  ( 10:10 a.m. ) APPROVED :

Mark Williams presented information on the petition. The outlot will be owned and maintained by the association. The private drive is not linear but is in accordance to the Land Development Code. There will be room for 3 spots of parking which is more than is required by code. It has not been determined if there will be off-street parking. There has been no opposition to the petition.

Concern was raised, however, regarding the private drive. F ire trucks need a 33 foot radius and cars need a 15 ft radius. The current proposal shows less than what is needed. Mark Bittner commented that engineering designs will need be to be evaluated and that City standards will be met regarding the radius of the driveway prior to final approval of the plat.

Brodshaug moved to accept the finings of staff and recommend approval of the 44th Street Villa to the City Commission pending revision to private drive to allow ingress and egress features. Second by Vigesaa. All Commissioners present voted aye and the motion was declared carried.

8.   (2007-07-07) Hearing on a Petition requesting a Vacation Plat to vacate the alley between Lots 1-12, Block 21, Roberts Second Addition.  (Located in the 900 block between 2nd Avenue North and 3rd Avenue North ) ( 10:25 a.m. ) APPROVED:

Jim Hinderaker presented information on the petition. The approval criteria has been met.

Vigesaa moved to accept the findings and recommendations of staff and recommend approval to the City Commission of the Vacation Plat. Second by Ulferts-Stewart. All Commissioners present voted aye and the motion was declared carried.

9.   (2007-07-08) Hearing on a Petition requesting a Plat (Minor Subdivision) of Concierge Addition Southwest a replat of Lot 2, Block 1, William A. Schlossman Addition.  (Located at 4325 17th Avenue South )  ( 10:27 a.m. ) APPROVED:

Jim Hinderaker presented information on the petition. The applicant wants to create 3 additional lots to locate a hotel and restaurant. US Banks would need to relocate an existing parking lot to accommodate the Land Development Code and to continue to provide the access throughout.

Morrau moved to accept the findings and recommendations of staff and recommend approval to the City Commission of the Concierge Southwest Addition Minor Subdivision. Second by Slagle. All Commissioners present voted aye and the motion was declared carried.

10.   (2007-07-09) Hearing on a Petition requesting a Plat (Minor Subdivision) of Isaak-Dosch First Addition a replat of Lot 1, Block 1, William A. Schlossman Addition.  (Located at 4310 15th Avenue South ) ( 10:30 a.m. ) APPROVED:

Jim Hinderaker presented information on the petition. The primary concerns of staff are access and providing proper easements. Commissioner Wiley questioned staff regarding the appropriateness of subdividing the large lot and whether it would limit development. The City still has larger tracts available and the proposal wouldn’t be diminishing potential availability.

Brodshaug moved to accept the findings of staff and recommend approval to the City Commission of the Isaak-Dosch Addition Minor Subdivision. Second by Wiley. All Commissioners present voted aye and the motion was declared carried.

11.   (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 South and west of Interstate 29) ( 10: 33 a.m. ) CONTINUED UNTIL NEXT MONTH:

12.    (2007-07-11) Hearing on a Petition requesting a Conditional Use Permit for an Alternative Access Plan to reduce the number of required parking spaces from 341 parking spaces to 281 parking spaces of the Amber Valley Retail Center, Lots 1-5, Block 1, Amber Valley Business Center First Addition. (Located at 2501, 2551, and 2581 45th Street South) ( 10:34 a.m. ) APPROVED:

Jim Hinderaker presented information on the petition. There has been a transfer of ownership of the AmberValley site. The City reviewed setbacks and parking issues to generate a compliance letter.

It was questioned whether the City can revisit parking requirements based on uses. Mr. Hinderaker stated there is some need to revisit the parking standards based on hours of operation and is looking for Planning Commission guidance, perhaps to further revise the Land Development Code.

Mark Williams stated he has calculated the parking and has created a percentage of what is determined as over-parking. In a couple of months a study that is being conducted will show the dollar amount and land that has been consumed in parking. It was asked if the requirement of more plantings of trees could be included in the study.

Commissioner Slagle voiced his concern and suggested the Commissioners be very mindful of the study. He stated a need to balance between the applicant, residents, safety issues, and the developer and to make sure all are in compliance.

Jim Knutson, VP of the group buying the property, stated as strip malls change so do parking needs.

Brodshaug moved to accept the findings and recommendations of staff and hereby approve the Conditional Use Permit for an Alternative access Plan to reduce the number of required parking spaces from 341 to 281 for the Amber Valley Retail Center. Second by Wiley. Commissioners Brodshaug, Wiley, Ulferts-Stewart, Vigesaa, Ruth, Morrau, and Paulsen voted aye. Slagle voted nay. The motion was declared carried.

Other Items

Brown Bag Luncheon – Wednesday, July 25, 2007

The time at adjournment was 10:45 a.m.