Planning Commission - January 4, 2017 Minutes
Regular Meeting: Wednesday: January 4, 2017:
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 3:00 o'clock p.m., Wednesday, January 4, 2017.
The Planning Commissioners present or absent were as follows:
Present: Mara Brust, Shara Fischer, John Gunkelman, Mike Magelky,
Rocky Schneider, Melissa Sobolik, Jan Ulferts Stewart
Absent: Mary Scherling, Kelly Steffes, Scott Stofferahn
Chair Ulferts Stewart called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Chair Ulferts Stewart noted the following Agenda items:
- Items 1a, 1b, and 1c are continued to the March 7, 2017 Planning Commission Meeting.
- Items 2, 3a, 3b, 4a and 4b are continued to the February 7, 2017 Planning Commission Meeting.
Member Fischer moved the Order of Agenda be approved as presented. Second by Member Gunkelman. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of December 6, 2016
Member Magelky moved the minutes of the December 6, 2016 Planning Commission meeting be approved. Second by Member Schneider. All Members present voted aye and the motion was declared carried.
Item C: Wednesday January 18, 2017 Brown Bag Luncheon
Topics will include: Code Advisory Committee Update, and the Food Advisory Committee’s Text Amendment Proposals regarding chickens kept within the city limits.
Item D: Public Hearing Items:
Item 1: Kirkham’s Second Addition
a. Continued Hearing on an application requesting a Growth Plan Amendment on Lots 7-11, Block 14, Kirkham’s Second Addition. (Located at 1128, 1132, and 1136 14th Street North; 1404 12th Avenue North) (L2H Development, LLC): CONTINUED TO MARCH 7, 2017
b. Continued Hearing on an application requesting a Zoning Change from SR-3, Single-Dwelling Residential, MR-2, Multi-Dwelling Residential, and LC, Limited Commercial with a C-O, Conditional Overlay to LC, Limited Commercial with a PUD, Planned Unit Development Overlay and extinguishment of the existing C-O, Conditional Overlay on Lots 7-11, Block 14, Kirkham’s Second Addition. (Located at 1128, 1132, and 1136 14th Street North; 1404 12th Avenue North) (L2H Development, LLC): CONTINUED TO MARCH 7, 2017
c. Continued Hearing on an application requesting a Planned Unit Development Master Land Use Plan for Commercial and Residential Development on Lots 7-11, Block 14, Kirkham’s Second Addition. (Located at 1128, 1132, and 1136 14th Street North; 1404 12th Avenue North) (L2H Development, LLC): CONTINUED TO MARCH 7, 2017
A hearing had been set for February 2, 2016. At the February 2, 2016 meeting
the Hearing was continued to March 1, 2016. At the March 1, 2016 meeting the Hearing was continued to April 5, 2016. At the April 5, 2016 meeting the Hearing was continued to June 7, 2016. At the June 7, 2016 meeting the Hearing was continued to November 1, 2016. At the November 1, 2016 meeting the Hearing was continued to this date and time; however, the applicant has requested this item be continued to March 7, 2017.
Member Magelky moved this item be continued to the March 7, 2017 Planning Commission Meeting. Second by Member Brust. All Members present voted aye and the motion was declared carried.
Item 2: Tyler’s Addition
Continued Hearing on an application requesting a Street Vacation of 22nd Street North between Block 11 and Block 12, Tyler’s Addition. (Located between the 300 and 400 Blocks of 22nd Street North) (Fabricators Unlimited): CONTINUED TO FEBRUARY 7, 2017
A hearing had been set for August 2, 2016. At the August 2, 2016 meeting the Hearing was continued to September 6, 2016. At the September 6, 2016 meeting the Hearing was continued to November 1, 2016. At the November 1, 2016 meeting the Hearing was continued to this date and time; however, the applicant has requested this item be continued to February 7, 2017.
Member Magelky moved this item be continued to the February 7, 2017 Planning Commission Meeting. Second by Member Brust. All Members present voted aye and the motion was declared carried.
Item 3: Beardsleys Addition
a. Continued Hearing on an application requesting a Zoning Change from LI, Limited Industrial to LI, Limited Industrial with a PUD, Planned Unit Development Overlay on Lots 7-8, and the East 10 feet of Lot 9, Block 34, Beardsleys Addition. (Located at 2105 7th Avenue North) (Accel Mechanical, LLC): CONTINUED TO FEBRUARY 7, 2017
b. Continued Hearing on an application requesting a Planned Unit Development Master Land Use Plan on Lots 7-8, and the East 10 feet of Lot 9, Block 34, Beardsleys Addition. (Located at 2105 7th Avenue North) (Accel Mechanical, LLC): CONTINUED TO FEBRUARY 7, 2017
A hearing had been set for August 2, 2016. At the August 2, 2016 meeting the Hearing was continued to October 4, 2016. At the October 4, 2016 meeting the Hearing was continued to November 1, 2016. At the November 1, 2016 meeting the Hearing was continued to this date and time; however, the applicant has requested this item be continued to February 7, 2017.
Member Magelky moved this item be continued to the February 7, 2017 Planning Commission Meeting. Second by Member Brust. All Members present voted aye and the motion was declared carried.
Item 4: Interstate Business Park Addition
a. Continued Hearing on an application requesting a Zoning Change from
AG, Agricultural to GC, General Commercial within the boundaries of the proposed Interstate Business Park Addition. (Located at 3801 26th Avenue South and 2852 Thunder Road South) (Kjos Investments, LLC): CONTINUED TO FEBRUARY 7, 2017
b. Continued Hearing on an application requesting a Plat of Interstate Business Park Addition (Major Subdivision) a replat of Lot 1, Block 1, Adams 7th Addition, and part of the Northeast Quarter of Section 22, Township 139 North, Range 49 West to the City of the 5th Principal Meridian, City of Fargo, Cass County, North Dakota. (Located at 3801 26th Avenue South and 2852 Thunder Road South) (Kjos Investments, LLC): CONTINUED TO FEBRUARY 7, 2017
A hearing had been set for August 2, 2016. At the August 2, 2016 meeting the Hearing was continued to September 6, 2016. At the September 6, 2016 meeting the Hearing was continued to October 4, 2016. At the October 4, 2016 meeting the Hearing was continued to November 1, 2016. At the November 1, 2016 meeting the Hearing was continued to December 6, 2016. At the December 6, 2016 meeting the Hearing was continued to this date and time; however, the applicant has requested this item be continued to February 7, 2017.
Member Magelky moved this item be continued to the February 7, 2017 Planning Commission Meeting. Second by Member Brust. All Members present voted aye and the motion was declared carried.
Item 5: Reeves Addition
Continued Hearing on an application requesting a Zoning Change from GC, General Commercial to LI, Limited Industrial on part of Lot 19 and all of Lots 20 and 21, Block 18, Reeves Addition. (Located at 1409, 1411, and 1413 1st Avenue North) (Wade Wolf Properties LLC): APPROVED WITH CONDITIONS
A hearing had been set for December 6, 2016. At the December 6, 2016 meeting, the Hearing was continued to this date and time.
Senior Planner Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval with conditions.
Applicant Victor Wade Wolf, Wade Wolf Properties LLC, spoke on behalf of the application.
Member Schneider moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed zone change from GC, General Commercial to LI, Limited Industrial, for part of Lot 19 and all of Lots 20 and 21, Block 18, Reeves Addition as presented, as the proposal complies with the Land Development Code Sections 20-0906.F (1-4) and all other applicable requirements of the Land Development Code, with the following conditions:
1. The applicant agrees to a waiver of protest for future paving of the alley that abuts the north side of the subject property.
2. The previously granted conditional use permit number 2014-010 for household living residential use in the GC, General Commercial zoning district, dated December 2, 2014, is considered void.
Second by Member Fischer. On call of the roll Members Sobolik, Fischer, Brust, Schneider, Magelky, Gunkelman, and Ulferts Stewart voted aye. Absent and not voting: Members Scherling, Steffes, and Stofferahn. The motion was declared carried.
Item 6: St. John’s Addition
Hearing on an application requesting a Conditional Use Permit to allow for a Healthcare Facility in the MR-3, Multi-Residential zoning district on Lot 1, Block 1, St. John’s Addition. (Located at 510 4th Street South) (Prairie St. John’s): APPROVED
Donald Kress presented the staff report and noted staff did receive a brief background on the Prairie St. John’s facility. He noted staff did receive several phone calls from area property owners, and one email staff submitted to the Board today. Mr. Kress stated all approval criteria have been met and staff is recommending approval.
Project Architect David Shultz of Shultz Associates Architects spoke on behalf of the application.
Member Brust moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow a Healthcare Facility in the MR-3, Multi-Dwelling Residential zoning district on Lot 1, Block 1, St. John’s Addition be approved, as the proposal complies with Section 20-0909.D (1-6) and all other requirements of the Land Development Code. Second by Member Magelky. On call of the roll Members Sobolik, Magelky, Gunkelman, Fischer, Brust, Schneider, and Ulferts Stewart voted aye. Absent and not voting: Members Scherling, Steffes, and Stofferahn. The motion was declared carried.
Item 7: Noridian Center 3rd Addition
Hearing on an application requesting a Plat of Noridian Center 3rd Addition (Minor Subdivision), a replat of Lots 1-10, Block 2, Noridian Center Addition, to the City of Fargo, Cass County, North Dakota. (Located at 4814, 4830, 4908, and 4920 14th Avenue South; 4809, 4825, 4905, and 4917 15th Avenue South; and 1403 and 1441 48th Street South) (West Fargo Public Schools): APPROVED
Planner Aaron Nelson presented the staff report. He noted the application also includes an alternative sidewalk plan that is to be approved at the time of the subdivision.
Mr. Nelson stated all approval criteria have been met and staff is recommending approval.
Member Sobolik moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed subdivision plat, Noridian Center 3rd Addition, along with the proposed alternative sidewalk plan as outlined within the staff report, as the proposal complies with the adopted Area Plan, the Standards of Article 20-06, Section 20-0609, and all other applicable requirements of the Land Development Code. Second by Member Schneider. On call of the roll Members Gunkelman, Sobolik, Fischer, Magelky, Brust, Schneider, and Ulferts Stewart voted aye. Absent and not voting: Members Scherling, Steffes, and Stofferahn. The motion was declared carried.
Item 8: Osgood Townsite Fourteenth Addition
a. Hearing on an application requesting a Zoning Change from LC, Limited Commercial to MR-3, Multi-Dwelling Residential of the proposed Osgood Townsite Fourteenth Addition, a replat of Lot 1, Block 1, Osgood Townsite Thirteenth Addition, to the City of Fargo, Cass County, North Dakota. (Located at 4550 49th Avenue South) (PACES Lodging): APPROVED
b. Hearing on an application requesting a Plat of Osgood Townsite Fourteenth Addition (Minor Subdivision), a replat of Lot 1, Block 1, Osgood Townsite Thirteenth Addition and Lot 3, Block 5, Osgood Townsite 7th Addition, to the City of Fargo, Cass County, North Dakota. (Located at 4550 49th Avenue South and 5050 47th Street South) (PACES Lodging): APPROVED
Assistant Planner Kylie Murphy presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Magelky moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed: 1) Zoning Change from LC, Limited Commercial to MR-3, Multi-Dwelling Residential and 2) the Subdivision Plat, Osgood Townsite Fourteenth Addition as outlined within the staff report, as the proposal complies with the adopted Area Plan, the standards of Article 20-06, and all other applicable requirements of the Land Development Code. Second by Member Gunkelman. On call of the roll Members Fischer, Gunkelman, Sobolik, Schneider, Brust, Magelky, and Ulferts Stewart voted aye. Absent and not voting: Members Scherling, Steffes, and Stofferahn. The motion was declared carried.
Item 9: Commerce on I-29 Second Addition
Hearing on an application requesting a Plat of Commerce on I-29 Second Addition (Minor Subdivision), a replat of Lots 1, 4 and 5, Block 2, Commerce on I-29 Addition, to the City of Fargo, Cass County, North Dakota. (Located at 4001 and 4101 98th Avenue South) (PACES Lodging): APPROVED
Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Sobolik moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Commerce on I-29 Second Addition subdivision plat as presented, as the proposal complies with the 2007 Growth Plan, Standards of Article 20-06, and all other applicable requirements of the Land Development Code. Second by Member Schneider. On call of the roll Members Fischer, Magelky, Gunkelman, Sobolik, Brust, Schneider, and Ulferts Stewart voted aye. Absent and not voting: Members Scherling, Steffes, and Stofferahn. The motion was declared carried.
Item 10: Timber Parkway First Addition
Hearing on an application requesting a Zoning Change to repeal and reestablish a C-O, Conditional Overlay Lot 7, Block 1, Timber Parkway First Addition. (Located at 4801 Timber Parkway South) (PACES Lodging): APPROVED
Planner Derrick LaPoint presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Schneider moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed zoning change from GC, General Commercial with a C-O, conditional overlay to GC, General Commercial with a C-O, Conditional Overlay, on the basis that it satisfactorily complies with the GO2030 Fargo Comprehensive Plan, Standards of Section 20-0906.F (1-4), and all other applicable requirements of the Land Development Code. Second by Member Sobolik. On call of the roll Members Gunkelman, Sobolik, Fischer, Magelky, Brust, Schneider, and Ulferts Stewart voted aye. Absent and not voting: Members Scherling, Steffes, and Stofferahn. The motion was declared carried.
Item 11: Reeves Addition
a. Hearing on an application requesting a Zoning Change from LI, Limited Industrial to GC, General Commercial on Blocks 26 and 27, Reeves Addition, and adjacent vacated right-of-way, and Auditor’s Lot No. 1 of the South Half of Section 1, Township 139 North, Range 49 West, of the 5th Principal Meridian, Cass County, North Dakota. (Located at 1620, 1630, and 1632 1st Avenue North) (MBA Investments LLC): APPROVED
b. Hearing on an application requesting a Conditional Use Permit to allow Residential and Industrial Uses on Blocks 26 and 27, Reeves Addition, and adjacent vacated right-of-way, and Auditor’s Lot No. 1 of the South Half of Section 1, Township 139 North, Range 49 West, of the 5th Principal Meridian, Cass County, North Dakota. (Located at 1620, 1630, and 1632 1st Avenue North) (MBA Investments LLC): APPROVED WITH CONDITIONS
Assistant Planner Barrett Voigt presented the staff report stating all approval criteria have been met and staff is recommending approval with conditions.
Kevin Bartram, representing MBA Investments LLC, spoke on behalf of application.
Member Sobolik moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed zoning change from LI, Limited Industrial to GC, General Commercial on the basis that it satisfactorily complies with the GO2030 Fargo Comprehensive Plan, Standards of Section 20-0906.F (1-4), and all other applicable requirements of the Land Development Code; and 2) the Conditional Use Permit to allow Residential and Industrial Uses in a GC, General Commercial zoning district be approved, as the proposal complies with Section 20-0909.D (1-6) and all other requirements of the Land Development Code, with the following conditions:
1. There shall be no more than one residential dwelling unit.
2. The minimum open space required for the subject property shall be 15% of the lot area.
3. Bicycle parking facilities, such as bike rack or bike lockers, shall be provided on-site.
4. Separate vehicular and pedestrian circulation systems shall be provided. An on-site system of pedestrian walkways shall be designed to provide direct access and connections to and between the following:
a. The primary entrance or entrances to each commercial building
b. Parking areas that serve such commercial buildings
c. The public sidewalk or walkway within the 1st Avenue North right-of-way
5. Off-street parking, loading, and vehicular circulation areas shall have an all-weather surface, as defined by the Land Development Code (Outdoor Yard as delineated on the site plan as referenced in this staff report is exempt).
6. The property shall not be used in whole or in part for storage of rubbish or debris of any kind whatsoever, nor for the storage of any property or items that will cause such lot to appear untidy, unclean, or unsightly as determined by the Zoning Administrator; nor shall any substance, item, or material be kept on any lot that will emit foul odors, including compost sites and fertilizer. All garbage containers, including dumpsters, shall be concealed from public view by a fence, screen wall, or building extension.
7. The only outdoor storage of equipment or supplies will be contained within the “Outdoor Yard” as delineated on the site plan (as provided for in the staff report). This is generally an area 100’ immediately east of the southeast face of the brick building. This outdoor yard will be completely fenced and located near the railroad and away from adjacent properties.
8. The manufacturing, production, or processing of food and/or animal products shall not be permitted.
9. The manufacturing, production, or processing of hazardous chemicals or materials shall not be permitted.
10. Any expansion of the manufacturing and production, or industrial service use shall require an amendment to the Conditional Use Permit with review and approval by the Planning Commission.
11. No loading or unloading operations may be conducted between the hours of 10:00 p.m. and 6:00 a.m.
Second by Member Fischer. On call of the roll Members Fischer, Gunkelman, Sobolik, Schneider, Brust, Magelky, and Ulferts Stewart voted aye. Absent and not voting: Members Scherling, Steffes, and Stofferahn. The motion was declared carried.
Item 12: Text Amendment
Hearing on an application requesting an LDC Text Amendment, to amend Sections within Chapter 20 of the Fargo Municipal Code (Land Development Code) relating to Telecommunications Facilities. (City of Fargo): APPROVED
Aaron Nelson reviewed the background of this item, which staff introduced to the Board at the December 6, 2016 Planning Commission meeting. He noted an updated copy of the staff report submitted to the Board, shows the changes made to the proposed timeline regarding the overall process of the small cell ordinance change.
Mr. Nelson proceeded with the staff report for the proposed Land Development Code (LDC) Text Amendment stating all approval criteria have been met and staff is recommending approval.
Division Engineer Brenda Derrig shared with the Board her department’s progress, along with the City Attorney’s Office, on the small cell ordinance. Ms. Derrig noted the ordinance will be presented at the City Commission meeting for the first reading on January 17, 2017, and presented for the second reading on January 30, 2017.
Member Brust moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed text amendment to Sections 20-0401 and 20-0402 of Chapter 20 of the Fargo Municipal Code (Land Development Code), relating to Telecommunications Facilities, as the proposal meets the approval criteria of Subsection 20-0904.E(1-3) of the Land Development Code. Second by Member Gunkelman. On call of the roll Members Fischer, Magelky, Gunkelman, Sobolik, Brust, Schneider, and Ulferts Stewart voted aye. Absent and not voting: Members Scherling, Steffes, and Stofferahn. The motion was declared carried.
The time at adjournment was 4:10 p.m.