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Commission approves full access request and median removal along 12th Avenue NE with conditions
Summary
The commission recommended approval for converting a write-in/write-out driveway to full median access on 12th Avenue NE, conditioned on recorded waiver of protest rights and applicant responsibility for removal costs; staff will require a right-of-way permit and a recorded agreement.
The West Fargo Planning and Zoning Commission recommended approval of a request to convert an existing write-in/write-out access to a full access onto 12th Avenue Northeast by removing a section of the center median, subject to conditions requiring a recorded agreement and applicant-paid work.
Planning staff explained the application concerns a property at 475 12th Avenue Northeast seeking full access to a minor arterial. Under Title 2 of the city ordinances, Planning and Zoning approval is required for access changes onto arterials and collectors. The applicant initially proposed a three-quarter access but staff said median geometry does not allow that; a full access is proposed and staff found the request meets minimum spacing requirements. Staff recommended conditional approval requiring the applicant to: (1) waive the right to protest any future city decision to reinstall a raised median or otherwise restrict access if conditions warrant; (2) waive the right to protest assessments for such improvements under the city's infrastructure funding policy; and (3) pay any costs associated with removal of the median. Staff said the work must be done by a contractor licensed with the City of West Fargo and a right-of-way permit from City Engineering is required.
Commissioners asked about the status of the nearby railroad crossing and whether removing the median could affect a quiet/whistle-free zone; staff said the crossing is not currently a whistle-free zone and staff will try to preserve enough median length to keep the option of a future quiet zone. A motion to recommend approval with the specified conditions carried on a unanimous roll call. Staff noted the applicant was not present at the meeting.
