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Planning Commission - August 1, 2017 Minutes

Regular Meeting: Tuesday, August 1, 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, August 1, 2017.

The Planning Commissioners present or absent were as follows:

Present: Mara Brust, Shara Fischer, John Gunkelman, Mike Magelky, Dawn Morgan, Mary Scherling, Rocky Schneider, Melissa Sobolik, Kelly Steffes, Scott Stofferahn

Absent: None

Chair Fischer 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 Sobolik. All Members present voted aye and the motion was declared carried.

Item B: Minutes: Regular Meeting of July 6, 2017
Member Steffes moved the minutes of the July 6, 2017 Planning Commission meeting be approved. Second by Member Gunkelman. All Members present voted aye and the motion was declared carried.

Item C: Wednesday August 16, 2017 Brown Bag Luncheon
Topic: Roosevelt Neighborhood follow-up

Item D: Public Hearing Items:

Item 1: Grayland First Addition
1a. Continued hearing on an application requesting a Zoning Change from AG, Agricultural to SR-2, Single-Dwelling Residential, SR-3, Single-Dwelling Residential and P/I, Public and Institutional of the proposed Grayland First Addition. (Located at 5565 63rd Street South and 5414 68th Street South) (Ben Saucke/West Fargo Public School District): CONTINUED TO SEPTEMBER 5, 2017

1b. Continued hearing on an application requesting a Plat of Grayland First Addition (Major Subdivision) a plat of an annexed part of Section 5, Township 138 North, Range 49 West of the 5th Principal Meridian, City of Fargo, Cass County, North Dakota. (Located at 5565 63rd Street South and 5414 68th Street South) (Ben Saucke/West Fargo Public School District): CONTINUED TO SEPTEMBER 5, 2017
A hearing had been set for July 6, 2017. At the July 6, 2017 meeting the Hearing was continued to this date and time; however, the applicant has requested this item be continued to September 5, 2017.

Member Sobolik moved this item be continued to the September 5, 2017 Planning Commission Meeting. Second by Member Stofferahn. All Members present voted aye and the motion was declared carried.

Member Schneider present.

Item 2: Original Townsite Addition
Hearing on an application requesting a Zoning Change from MR-3, Multi-Dwelling Residential to DMU, Downtown Mixed-Use on the North 50 feet of Lots 11 and 12, Block 16, Original Townsite Addition. (Located at 111 9th Street South) (Doug Madsen): APPROVED
Planner Derrick LaPoint presented the staff report stating all approval criteria have been met and staff is recommending approval.

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 MR-3, Multi-Dwelling Residential, 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 Morgan. On call of the roll Members Magelky, Schneider, Scherling, Steffes, Stofferahn, Morgan, Sobolik, Brust, Gunkelman, and Fischer voted aye. The motion was declared carried.

Item 3: Woodhaven Plaza Addition
Hearing on an application requesting a Conditional Use Permit to allow multi-dwelling structures for residential household living within a LC, Limited Commercial zoning district on Lot 2, Block 1, Woodhaven Plaza Addition. (Located at 4143 41st Avenue South) (Chris Hawley Architects): APPROVED
Senior Planner Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.

Mike Love, Houston Engineering, spoke on behalf of the application.

Member Steffes moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow multi-dwelling structures for residential household living in the LC, Limited 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 maximum residential density shall be that of the MR-3, Multi-Dwelling zoning district (24 units per acre).

2. A minimum of 35% of the lot shall remain as open space.

3. Building colors to be compatible with existing development on Lot 1, Block 1, Woodhaven Plaza Addition

4. It is intended that all properties be designed to a human scale and that buildings should have architectural interest and variety through the use of articulated façades. In order to avoid the effect of a single, long, or massive wall with no relation to human scale, it is intended that articulated façades should include elements such as setbacks, change in materials, roof pitch or height variability.

5. Dumpsters, refuse containers, and outdoor storage areas shall be located at the side or rear of buildings and shall be visually screened from adjacent street by walls or fencing. Dumpsters and refuse containers shall contain walls or fencing on at least three sides with the service opening not directly facing any street. The fourth side shall incorporate a gate to visually screen the dumpsters or refuse containers.

6. Separate vehicular and pedestrian circulation systems shall be provided. An on-site system of pedestrian walkways shall be provided between building entrances and the following:
a. Parking lots or parking structures,
b. Any sidewalk or multi-use path along the perimeter of the lot,
c. Entrances of other buildings on the site,
d. Any sidewalk system along the perimeter streets adjacent to the Development, and
e. Adjacent pedestrian origins and destinations—including but not limited to transit stops, residential development, office buildings, and retail shopping buildings—where deemed practical and appropriate by the Zoning Administrator.

Second by Member Stofferahn. On call of the roll Members Schneider, Brust, Stofferahn, Scherling, Sobolik, Steffes, Magelky, Gunkelman, Morgan, and Fischer voted aye. The motion was declared carried.

Item 4: NSC Addition
4a. Hearing on an application requesting a Growth Plan Amendment within a portion of the boundaries of the proposed NSC Addition. (Located at 6101 45th Street North) (City of Fargo/Fargo Park District): CONTINUED TO SEPTEMBER 5, 2017

4b. Hearing on an application requesting a Zoning Change from AG, Agricultural to P/I, Public and Institutional within a portion of the boundaries of the proposed NSC Addition. (Located at 6101 45th Street North) (City of Fargo/Fargo Park District): CONTINUED TO SEPTEMBER 5, 2017

4c. Hearing on an application requesting an Institutional Master Plan within a portion of the boundaries of the proposed NSC Addition. (Located at 6101 45th Street North) (City of Fargo/Fargo Park District): CONTINUED TO SEPTEMBER 5, 2017

4d. Hearing on an application requesting a Plat of NSC Addition (Major Subdivision) on an unplatted portion of land in the Northwest Quarter and the Northwest Quarter of the Southwest Quarter of Section 10, Township 140 North, Range 49 West of the 5th Principal Meridian Cass County, North Dakota. (Located at 5703 and 6101 45th Street North) (City of Fargo/Fargo Park District): CONTINUED TO SEPTEMBER 5, 2017
Chair Fischer stated this item will be continued to the September 5, 2017 Planning Commission Meeting.

Member Brust moved this item be continued to the September 5, 2017 Planning Commission Meeting. Second by Member Stofferahn. All Members present voted aye and the motion was declared carried.

Item 5: Bentley Place Second Addition
Hearing on an application requesting a Plat of Bentley Place Second Addition (Minor Subdivision) a replat of Lots 1 and 2, Block 1, Bentley Place First Addition, to the City of Fargo, Cass County, North Dakota. (Located at 3240 and 3270 Veterans Boulevard) (Nate Vollmuth/Paces Lodging): APPROVED
Assistant Planner 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, Bentley Place Second Addition, as outlined in 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 Scherling. On call of the roll Members Stofferahn, Scherling, Sobolik, Morgan, Steffes, Schneider, Magelky, Gunkelman, Brust, and Fischer voted aye. The motion was declared carried.

Item 6: Anderson Park Addition
Hearing on an application requesting an Institutional Master Plan on Lot 1, Block 1, Anderson Park Addition. (Located at 4255 23rd Avenue South) (Red River Zoo): APPROVED
Planner Aaron Nelson presented the staff report stating all approval criteria have been met and staff is recommending approval.

Applicant Sally Jacobson, Red River Zoo, spoke on behalf of the application.

Member Magelky moved the findings and recommendations of the staff be accepted and the Institutional Master Plan be approved as presented, as the proposal complies with the Go2030 Fargo Comprehensive Plan, the Standards of Section 20-0911.E(1-3) of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Sobolik. On call of the roll Members Steffes, Sobolik, Magelky, Gunkelman, Scherling, Morgan, Brust, Stofferahn, Schneider, and Fischer voted aye. The motion was declared carried.

Item 7: 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 NOVEMBER 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 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 April 4, 2017. At the April 4, 2017 meeting the Hearing was continued to
May 2, 2017. At the May 2, 2017 meeting the Hearing was continued June 6, 2017. At the June 6, 2017 meeting the Hearing was continued to this date and time; however, the applicant has requested this item be continued to November 7, 2017.

Member Steffes moved this item be continued to the November 7, 2017 Planning Commission Meeting. Second by Member Brust. All Members present voted aye and the motion was declared carried.

Item E: Other Items:_
Item 1: Proposed amendment of bylaws relating to which Commissioners may serve as officers.
Chair Fischer presented this item and opened up discussion to the Board.

Discussion was held on the wording of the current bylaws regarding the eligibility of members to serve as Chair and Vice Chair of the Planning Commission.

Member Steffes moved to approve the bylaws as they are currently written. Second by Member Morgan. On call of the roll Members Brust, Morgan, Gunkelman, Magelky, Scherling, Schneider, Sobolik, Steffes, and Fischer voted aye. Member Stofferahn voted nay. The motion was declared carried.

The time at adjournment was 3:34 p.m.