Planning Commission - April 4, 2017 Minutes
Regular Meeting: Tuesday: April 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., Tuesday, April 4, 2017.
The Planning Commissioners present or absent were as follows:
Present: Mara Brust, Shara Fischer, John Gunkelman, Mary Scherling, Melissa Sobolik, Kelly Steffes, Scott Stofferahn, Jan Ulferts Stewart
Absent: Mike Magelky, Rocky Schneider
Chair Ulferts Stewart called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
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 March 7, 2017
Member Scherling moved the minutes of the March 7, 2017 Planning Commission meeting be approved. Second by Member Stofferahn. All Members present voted aye and the motion was declared carried.
Item C: Wednesday, April 19, 2017 Brown Bag Luncheon
Topic: Discussion on the Roosevelt Neighborhood Study, and an update on the Downtown Master Plan.
Item D: Public Hearing Items:
Item 1: Beardsleys Addition
1a. 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 (Located at 2105 7th Avenue North) (Accel Mechanical, LLC): WITHDRAWN
1b. 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 (Located at 2105 7th Avenue North) (Accel Mechanical, LLC): WITHDRAWN
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 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7, 2017 meeting, the hearing was continued to this date and time; however, the applicant has requested this item to be withdrawn.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 MAY 2, 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 March 7, 2017. At the March 7, 2017 meeting the Hearing was continued to this date and time; however, the applicant has requested this item be continued to May 2, 2017.
Chair Ulferts Stewart asked for the Board’s approval to continue this item to the May 2, 2017 Planning Commission meeting. All Members present voted aye and the motion was declared carried.
Item 3: Interstate Business Park Addition
3a. 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; 3901, 4001, and 4155 23rd Avenue South; and 2880 and 2852 Thunder Road South) (Kjos Investments, LLC): APPROVED
3b. 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 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): APPROVED
A hearing had been set for March 7, 2017. At the March 7, 2017 meeting the Hearing was continued to this date and time.
Member Brust declared a conflict of interest on this item and was excused from voting.
Senior Planner 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: 1) Zoning Change from AG, Agricultural to GC, General Commercial and 2) Interstate Business Park Addition plat as presented, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Standards of Article 20-06, Section 20-0906.F (1-4) and Section 20-0907 of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Gunkelman. On call of the roll Members Stofferahn, Scherling, Sobolik, Steffes, Gunkelman, Fischer, and Ulferts Stewart voted aye. Member Brust abstained from voting. Absent and not voting: Members Magelky and Schneider. The motion was declared carried.
Item 4: Section 12, Township 139 North, Range 49 West
Hearing on an application requesting a Conditional Use Permit to allow for an Alternative Access Plan on an unplatted portion of the Northeast Quarter of Section 12, Township 139 North, Range 49 West. (Located at 1345 Main Avenue) (Fowzia Adde): 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.
Board discussion clarified this request is to utilize space in the existing warehouse portion and should not affect the existing market and retail services located on the west side of this site.
Sky Purdin, Program Director for the Immigrant Development Center, spoke on behalf of the application.
Member Brust moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow for an Alternative Access Plan 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. 37 parking spaces are required on site.
2. Any expansion of the square footage of the restaurant, retail, offices, and health club uses or bays of the vehicle repair use will require an amendment to the Conditional Use Permit, with review and approval by the Planning Commission.
3. The Conditional Use Permit will cease if the land use changes from restaurant, retail, offices, and health club or vehicle repair.
Second by Member Sobolik. On call of the roll Members Scherling, Gunkelman, Sobolik, Stofferahn, Steffes, Brust, Fischer, and Ulferts Stewart voted aye. Absent and not voting: Members Magelky and Schneider. The motion was declared carried.
Item 5: Harwood Addition
Hearing on an application requesting a Zoning Change from GC, General Commercial and MR-3, Multi-Dwelling Residential to DMU, Downtown Mixed-Use with a C-O, Conditional Overlay, on Lot 1, Block 7, Harwood Addition. (Located at 701 University Drive North and 702 12th Street North) (701 Collective, LLC): APPROVED
Planner Derrick LaPoint presented the staff report and briefly reviewed the background of the property. Mr. LaPoint stated all approval criteria have been met and staff is recommending approval.
Division Engineer Brenda Derrig shared staff’s concerns regarding the expansion of the DMU zoning within the City, and the existing storm water policy that is exempt in the DMU zoning districts. She stated staff is reevaluating this policy to address any future expansion of the DMU zoning and the impact to the City’s storm water requirements.
The Board also discussed concerns on the types of developments allowed on the site, access points from 7th Avenue North, how this fits into the City’s Downtown Master Plan, and the clarification in the final copy of the Conditional Overlay that the buffer is to be placed on the north edge of the property line.
Lee Schwartz, representing Jade Companies, spoke on behalf of the application.
Martha Berryhill, 1354 12th Street North, and member of the Roosevelt Neighborhood Association, spoke in favor of the application.
Member Stofferahn 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 and MR-3, Multi-Dwelling Residential to DMU, Downtown Mixed-Use with a C-O, Conditional Overlay, on the basis that it satisfactorily complies with the GO2030 Fargo Comprehensive Plan, the 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 Stofferahn, Scherling, Sobolik, Fischer, Brust, Gunkelman, Steffes, and Ulferts Stewart voted aye. Absent and not voting: Members Magelky and Schneider. The motion was declared carried.
Item 6: Reeves Addition
Hearing on an application requesting a Zoning Change from LI, Limited Industrial to DMU, Downtown Mixed-Use on the east 90 feet of Lots 1-3, 7-9, and 26-28, Block 20; and Lots 6-11 and 15-16, Block 21, Reeves Addition. (Located at 2 and 18 13½ Street North, and 20 and 30 University Drive North) (701 Collective, LLC): APPROVED
Derrick LaPoint presented this item noting staff held an open house on March 21, 2017. Mr. LaPoint stated all approval criteria have been met and staff is recommending approval.
Brenda Derrig stated again as in item 5, staff’s concerns regarding the expansion of the DMU zoning within the City, and the existing storm water policy that is exempt in the DMU zoning districts. She stated staff is reevaluating this policy to address any future expansion of the DMU zoning and the impact to the City’s storm water requirements.
Property owner Jeff Conant shared his concerns on area parking issues, and suggested an EPA testing of the area for any contamination from a previous dry cleaning business on this site.
Member Steffes moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed zoning change from LC, Limited Commercial to DMU, Downtown Mixed-Use on the basis that it satisfactorily complies with the GO2030 Fargo Comprehensive Plan, the Standards of Section
20-0906.F (1-4), and all other applicable requirements of the Land Development Code. Second by Member Stofferahn. On call of the roll Members Steffes, Sobolik, Gunkelman, Scherling, Fischer, Brust, Stofferahn, and Ulferts Stewart voted aye. Absent and not voting: Members Magelky and Schneider. The motion was declared carried.
Item 7: Reeves Addition
Hearing on an application requesting a Zoning Change from LC, Limited Commercial to DMU, Downtown Mixed-Use on part of Lots 1-6, 10-16, 19-25, and 29-34, Block 20; and Lots 1-5 and 12-14, Block 21, Reeves Addition. (Located at 10, 12, and 26 University Drive North; 1307 and 1313 NP Avenue North; 1320, 1330, and 1340 1st Avenue North; and 10 and 12 13½ Street North) (City of Fargo): APPROVED
Derrick LaPoint presented this staff initiated item and noted this was also part of the open house staff held on March 21, 2017. Mr. LaPoint stated all approval criteria have been met and staff is recommending approval.
Member Fischer moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed zoning change from LC, Limited Commercial to DMU, Downtown Mixed-Use on the basis that it satisfactorily complies with the GO2030 Fargo Comprehensive Plan, the Standards of Section
20-0906.F (1-4), and all other applicable requirements of the Land Development Code. Second by Member Scherling. On call of the roll Members Gunkelman, Sobolik, Fischer, Steffes, Brust, Stofferahn, Scherling, and Ulferts Stewart voted aye. Absent and not voting: Members Magelky and Schneider. The motion was declared carried.
Item 8: Cottagewood Third Addition
8a. Hearing on an application requesting a Zoning Change from MR-3, Multi-Dwelling Residential with a Planned Unit Development (PUD) to MR-3,
Multi Dwelling Residential within the boundaries of the proposed Cottagewood Third Addition (Located at 51st Avenue South between 38th Street and 42nd Street South) (Houston Engineering, Inc.): APPROVED
8b. Hearing on an application requesting a Plat of Cottagewood Third Addition (Major Subdivision) a vacation and replat of Block 1, Amity South at Cottagewood Addition, to the City of Fargo, Cass County, North Dakota. (51st Avenue South between 38th Street and 42nd Street South) (Houston Engineering, Inc.): APPROVED
Donald Kress presented the staff report noting additional documents he has submitted to the Board. Mr. Kress stated all approval criteria have been met and staff is recommending approval.
Applicant Brian Pattengale from Houston Engineering, Inc. spoke on behalf of the application.
Craig Helenske, representing Cottagewood Development, spoke in support of the proposed project. He proposed the addition of easements to the four large lots on the plat, in order to mitigate the concern that these lots could be developed with multi-story, multi-family buildings with detached garages, instead of the proposed townhomes.
Heather Morris, representing developers J & O Leasing, shared her concerns of possible construction delays if it were necessary to add the easements suggested by Mr. Helenske to the plat.
Fire Chief Steve Dirksen addressed the Commission’s concerns regarding emergency access to the site, and stated the setbacks and access are appropriate.
Member Fischer moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed: 1) Zoning Change from MR-3, Multi-Dwelling Residential with a PUD, Planned Unit Development, to MR-3, Multi-Dwelling Residential and 2) Cottagewood Third Addition subdivision plat as presented, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Standards of Article 20-06, Section 20-0906.F (1-4) and Section 20-0907 of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Steffes. On call of the roll Members Brust, Steffes, Fischer, Gunkelman, Stofferahn, Scherling, and Ulferts Stewart voted aye. Member Sobolik voted nay. Absent and not voting: Members Magelky and Schneider. The motion was declared carried.
At 4:15 p.m., the Board took a 10-minute recess.
After recess: All Members present except Members Magelky and Schneider. Chair Ulferts Stewart presiding.
Item 9: Beardsley’s Addition
Hearing on an application requesting a Zoning Change from SR-3, Single-Dwelling Residential to UMU, University Mixed-Use on Lots 17 and 22, Block 3, Beardsley’s Addition. (Located at 1121 and 1141 18th Street North) (Roers Development, Inc.): APPROVED
Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Gunkelman moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed zoning change from SR-3, Single-Dwelling Residential to UMU, University Mixed-Use on the basis that it satisfactorily complies with the GO2030 Fargo Comprehensive Plan, the Roosevelt Neighborhood Land Use Plan, Section 20-0906.F (1-4), and all other applicable requirements of the Land Development Code. Second by Member Steffes. On call of the roll Members Fischer, Steffes, Gunkelman, Sobolik, Brust, Scherling, Stofferahn, and Ulferts Stewart voted aye. Absent and not voting: Members Magelky and Schneider. The motion was declared carried.
Item 10: Agassiz Crossing 7th Addition
Hearing on an application requesting a Plat of Agassiz Crossing 7th Addition (Minor Subdivision) a replat of Lot 1, Block 2, Agassiz Crossing 4th Addition and Lot 1, Block 1, Agassiz Crossing 2nd Addition, to the City of Fargo, Cass County, North Dakota. (Located at 4825 and 4757 Agassiz Xing South) (Lightowler Johnson Associates): APPROVED
Member Steffes declared a conflict of interest on this item and was excused from voting.
Planning Assistant Kylie Murphy 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 subdivision plat Agassiz Crossing 7th 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 Fischer. On call of the roll Members Sobolik, Scherling, Brust, Fischer, Stofferahn, Gunkelman, and Ulferts Steward voted aye. Member Steffes abstained from voting. Absent and not voting: Members Magelky and Schneider. The motion was declared carried.
Item 11: Robert’s Addition
Hearing on an application requesting a Vacation Plat, a portion of Roberts Street north of Northern Pacific Avenue and between Blocks 1 and 6 of Robert’s Addition to the City of Fargo, Cass County, North Dakota. (Located at NP Avenue and Roberts Street North) (City of Fargo): APPROVED
Kylie Murphy 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 Roberts Addition street vacation plat as presented, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Standards of Article 20-06, and all other applicable requirements of the Land Development Code. Second by Member Steffes. On call of the roll Members Brust, Scherling, Steffes, Stofferahn, Fischer, Sobolik, Gunkelman, and Ulferts Stewart voted aye. Absent and not voting: Members Magelky and Schneider. The motion was declared carried.
The time at adjournment was 4:35 p.m.