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Planning Commission - March 7, 2017 Minutes

Regular Meeting: Tuesday: March 7, 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., Tuesday, March 7, 2017.

The Planning Commissioners present or absent were as follows:

Present: Mara Brust, Shara Fischer, John Gunkelman, Mike Magelky,
Mary Scherling, Rocky Schneider, Scott Stofferahn, Jan Ulferts Stewart

Absent: Melissa Sobolik, Kelly Steffes

Chair Ulferts Stewart called the meeting to order.

Business Items:

Item A: Approve Order of Agenda
Member Magelky 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 February 7, 2017
Member Schneider moved the minutes of the February 7, 2017 Planning Commission meeting be approved. Second by Member Fischer. All Members present voted aye and the motion was declared carried.

Item C: Wednesday, March 22, 2017 Brown Bag Luncheon
Topic: Continue discussion on Infill

Item D: Public Hearing Items:

Item 1: Kirkham’s Second Addition
1a. 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 (Located at 1128, 1132, and 1136 14th Street North; 1404 12th Avenue North) (L2H Development, LLC): WITHDRAWN

1b. 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 (Located at 1128, 1132, and 1136 14th Street North; 1404 12th Avenue North) (L2H Development, LLC): WITHDRAWN

1c. 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 (Located at 1128, 1132, and 1136 14th Street North; 1404 12th Avenue North) (L2H Development, LLC): WITHDRAWN
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 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 January 4, 2017. At the January 4, 2017 meeting the Hearing was continued to this date and time; however, the applicant has requested this item be withdrawn.

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 APRIL 4, 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 January 4, 2017. At the January 4, 2017 meeting the hearing was continued to February 7, 2017. At the February 7, 2017 meeting the Hearing was continued to this date and time; however, the applicant has requested this item be continued to April 4, 2017.

Member Fischer moved this item be continued to the April 4, 2017 Planning Commission Meeting. Second by Member Gunkelman. On call of the roll all Members present voted aye. The motion was declared carried.

Item 3: Interstate Business Park Addition
3a. 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; 3901, 4001, and 4155 23rd Avenue South; and 2880 and 2852 Thunder Road South) (Kjos Investments, LLC): CONTINUED TO APRIL 4, 2017

3b. 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 of the 5th Principal Meridian, Cass County, North Dakota. (Located at 3801 26th Avenue South; 3901, 4001, and 4155 23rd Avenue South; and 2880 and 2852 Thunder Road South) (Kjos Investments, LLC): CONTINUED TO APRIL 4, 2017
A Hearing had been set for this date and time; however, the applicant has requested this item be continued to April 4, 2017.

Member Fischer moved this item be continued to the April 4, 2017 Planning Commission Meeting. Second by Member Gunkelman. On call of the roll all Members present voted aye. The motion was declared carried.

Item 4: Agassiz Crossing 6th Addition
Hearing on an application requesting a Plat of Agassiz Crossing 6th Addition (Minor Plat), a replat of Lot 1, Block 2, Agassiz Crossing 5th Addition to the City of Fargo, Cass County, North Dakota. (Located at 5601 23rd Avenue South) (TMI Hospitality/Bob Kellam) (km): APPROVED
Members Brust and Schneider declared a conflict of interest on this item and were excused from voting.

Assistant Planner Kylie Murphy presented the staff report stating all approval criteria have been and staff is recommending approval.

Applicant Bob Kellam, TMI Hospitality, spoke on behalf of the application.

Member Fischer moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed subdivision plat Agassiz Crossing 6th Addition as presented, 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 Scherling. On call of the roll Members Scherling, Gunkelman, Magelky, Fischer, and Ulferts Stewart voted aye. Members Brust and Schneider abstained from voting. Absent and not voting: Members Sobolik, Steffes, and Stofferahn. The motion was declared carried.

Item 5: Encore 2nd Addition
Hearing on an application requesting a Plat of Encore 2nd Addition (Minor Plat), a replat of Lots 1 and 2, Block 1, Encore Addition to the City of Fargo, Cass County, North Dakota. (Located at 4920 30th Avenue South, 4974 30th Avenue South, and 3155 49th Street South) (AE2S/Mark Glennon) (km): APPROVED
Members Brust and Schneider declared a conflict of interest on this item and were excused from voting.

Kylie Murphy presented the staff report. She noted a correction to the staff report clarifying the request is for a replat of two lots, to two lots and one block. Ms. Murphy stated 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 subdivision plat Encore 2nd Addition as presented, 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 Scherling, Fischer, Magelky, Gunkelman, and Ulferts Stewart voted aye. Members Brust, and Schneider abstained from voting. Absent and not voting: Members Stofferahn, Sobolik, and Steffes. The motion was declared carried.

Member Stofferahn present.

Item 6: Ferguson Subdivision
6a. Hearing on an application requesting a PUD, Planned Unit Development Overlay, Master Land Use Plan and Final Plan, in an existing SR-4, Single-Dwelling Residential zoning district of the proposed Ferguson Subdivision. (Located at 4103 66th Street South) (Ed Ferguson): APPROVED

6b. Hearing on an application requesting a Plat of Ferguson Subdivision (Minor Subdivision) an unplatted part of Section 32, Township 139 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota. (Located at 4103 66th Street South) (Ed Ferguson): APPROVED
Senior Planner Donald Kress presented the staff report. He noted an additional email received by staff from a concerned property owner was submitted to the Board.
Mr. Kress stated all approval criteria have been met and staff is recommending approval.

Applicant and property owner Ed Ferguson, spoke on behalf of the application.

Member Magelky moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed: 1) Planned Unit Development Overlay, Master Land Use Plan and Final Plan, and 2) Ferguson First Addition subdivision plat as presented, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the 2003 Southwest Future Land Use Plan, the Standards of Article 20-06 and Article 20-0908(b)(7), and all other applicable requirements of the Land Development Code. Second by Member Fischer. On call of the roll Members Magelky, Gunkelman, Scherling, Fischer, Brust, Stofferahn, Schneider, and Ulferts Stewart voted aye. Absent and not voting: Members Steffes and Sobolik. The motion was declared carried.

Item 7: Austin’s Subdivision
Hearing on an application requesting a Conditional Use Permit to allow Industrial Service Use in a GC, General Commercial zoning district on Lots 7 and 8, Block 1, Austin’s Subdivision. (Located at 5606 and 5622 53rd Avenue South) (Akason Holdings LLC): APPROVED
Assistant Planner Barrett Voigt presented the staff report stating all approval criteria have been met and staff is recommending approval with conditions.

Applicant Skylar Akason, Akason Holdings, LLC, spoke on behalf of the application. Mr. Akason submitted a site plan to the Board.

Member Magelky moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow Industrial Service land use 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) 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.

2) The conditions for industrial uses in a GC, General Commercial zoning districts as required by LDC Section 20-0402.R will apply.

3) Off-street parking, loading, and vehicular circulation areas (including circulation areas internal to storage yards) shall have an all-weather surface, as defined by the LDC.

4) Any expansion of industrial service use shall require an amendment to the Conditional Use Permit with review and approval by the Planning Commission.

5) The Conditional Use Permit shall terminate if the industrial service uses cease for a period of more than 12 consecutive months.

6) All operational activity and storage shall be within a screened storage yard.

7) Storage of petroleum or chemicals will not be allowed unless approved by the Fire Department.

Second by Member Scherling. On call of the roll Members Gunkelman, Fischer, Magelky, Brust, Stofferahn, Schneider, Scherling, and Ulferts Stewart voted aye. Absent and not voting: Members Steffes and Sobolik. The motion was declared carried.

Item 8: Cass Rural Water Addition
Hearing on an application requesting a Conditional Use Permit to allow a Telecommunication Support Structure (TSS) within a SR-3, Single-Dwelling Residential zoning district on Lot 1, Block 1, Cass Rural Water Addition. (Located at 1708 64th Avenue South) (Rob Viera): APPROVED
Barrett Voigt presented the staff report stating all approval criteria have been met and staff is recommending approval.

Applicant Rob Viera, Buell Consulting, spoke on behalf of the application.

Member Stofferahn moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow a Telecommunication Support Structure (TSS) within a SR-2, Single-Dwelling Residential zoning district 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 Schneider. On call of the roll Members Stofferahn, Fischer, Gunkelman, Schneider, Brust, Scherling, Magelky, and Ulferts Stewart voted aye. Absent and not voting: Members Steffes and Sobolik. The motion was declared carried.

Item 9: NDSU Foundation Addition
9a. Hearing on an application requesting a Zoning Change from SR-3,
Single-Dwelling Residential, and MR-2, Multi-Dwelling Residential, to MR-3,
Multi-Dwelling Residential, with a PUD, Planned Unit Development Overlay, of the proposed NDSU Foundation Addition. (Located at the 1600 Block between 12th Street North and University Drive North) (PROffutt LP/Casey Jackson): APPROVED

9b. Hearing on an application requesting a Planned Unit Development Master Land Use Plan of the proposed NDSU Foundation Addition. (Located at the 1600 Block between 12th Street North and University Drive North) (PROffutt LP/Casey Jackson): APPROVED

9c. Hearing on an application requesting a Plat of NDSU Foundation Addition (Major Subdivision), a vacation plat of an alley and a replat of Lots 1-9, 11, and 14-24, Block 8, Chandler’s Broadway Addition to the City of Fargo, Cass County, North Dakota. (Located at the 1600 Block between 12th Street North and University Drive North) (PROffutt LP/Casey Jackson): APPROVED
Planner Aaron Nelson presented the staff report. Mr. Nelson noted the following items have been submitted to the Board: an updated draft of the PUD Overlay, and two additional letters staff received from property owners. He also noted PROffutt LP, the developer and applicant, hosted an open house on February 13, 2017, for the public to attend. Mr. Nelson stated all approval criteria have been met and staff is recommending approval.

Board discussion ensued regarding the number of proposed parking areas for residents and visitors, if the parking meets the requirements of the Land Development Code, and the plan for access to the development from the adjacent roadways.

Applicant representative Casey Jackson spoke on behalf of the application, and addressed the questions regarding parking accommodations and street access for this development.

Jim Laschkewitsch, 1016 College Street North, spoke in opposition of the application sharing the following concerns: the impact the size and density of the development will have on the neighborhood; increased parking issues; public safety; the limited number of property owners notified of this proposal; and the need for stronger engagement between City staff and area property owners.

City Forester Scott Liudahl shared his appreciation on the coordination between the developer and applicant, with City staff to address the concern of retaining existing trees on the property.

Discussion continued regarding what is the process for abandoning the existing sanitary sewer services and the water services connected to each of the homes that will be demolished. Engineer April Walker addressed this question with the options staff and the developer have discussed.

Planning Director Jim Gilmour reviewed the process staff uses when determining the mailing list for notification letters that are mailed to area property owners prior to the Planning Commission meeting.

Member Gunkelman moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed: 1) NDSU Foundation Addition subdivision plat as presented; 2) Zoning Change from SR-3, Single-Dwelling Residential and MR-2, Multi-Dwelling Residential to MR-3, Multi-Dwelling Residential with a PUD, Planned Unit Development Overlay; and 3) PUD Master Land Use Plan as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Standards of Article 20-06, Section 20-0908.B (7) and Section 20-0906.F (14) of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Stofferahn. On call of the roll Members Fischer, Magelky, Gunkelman, Brust, Scherling, Schneider, Stofferahn, and Ulferts Stewart voted aye. Absent and not voting: Members Steffes and Sobolik. The motion was declared carried.

At 4:10 p.m., the Board took a five-minute recess.
After recess: All Members present except Members Steffes and Sobolik. Chair
Ulferts Stewart presiding.

Item 10: 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 the regulation of chickens. (City of Fargo): APPROVED
Aaron Nelson presented the staff report for the proposed amendments. Mr. Nelson stated 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 text amendment to Sections 20-0403 and 20-1203 of Chapter 20 of the Fargo Municipal Code (Land Development Code), relating to the regulation of chickens, as the proposal meets the approval criteria of Subsection 20-0904.E(1-3) of the Land Development Code. Second by Member Scherling. On call of the roll Members Gunkelman, Fischer, Magelky, Brust, Stofferahn, Schneider, Scherling, and Ulferts Stewart voted aye. Absent and not voting: Members Steffes and Sobolik. The motion was declared carried.

Item 11: Hearing on an application requesting an LDC Text Amendment, to amend Section 20-0501 and table 20-0501 Residential District Standards; and Section 20-0403B.7 Building Coverage, of the Fargo Municipal Code (Land Development Code). (City of Fargo): APPROVED
Aaron Nelson presented the staff report for the proposed amendments. Mr. Nelson stated 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 text amendment to Section 20-0501, Table 20-0501, and Section 20-0403(B.7) of the Fargo Municipal Code (Land Development Code), as the proposal meets the approval criteria of Subsection 20-0904.E(1-3) of the Land Development Code. Second by Member Schneider. On call of the roll Members Stofferahn, Fischer, Gunkelman, Schneider, Brust, Scherling, Magelky, and Ulferts Stewart voted aye. Absent and not voting: Members Steffes and Sobolik. The motion was declared carried.

The time at adjournment was 4:25 p.m.