Planning Commission - December 5, 2017 Minutes
Regular Meeting:Tuesday, December 5, 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, December 5, 2017.
The Planning Commissioners present or absent were as follows:
Present: John Gunkelman, Mike Magelky, Dawn Morgan, Mary Scherling, Kelly Steffes
Absent: Melissa Sobolik, Shara Fischer, Rocky Schneider, Scott Stofferahn
Vice Chair Gunkelman called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Vice Chair Gunkelman noted the following Agenda items:
- Items 1, 2, and 3 are continued to the January 4, 2018 Planning Commission meeting.
- Item 6 is continued to the February 6, 2018 Planning Commission meeting.
Member Magelky moved the Order of Agenda be approved as presented. Second by Member Steffes. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of November 7, 2017
Member Scherling moved the minutes of the November 7, 2017 Planning Commission meeting be approved. Second by Member Morgan. All Members present voted aye and the motion was declared carried.
Item C: December 2017 Brown Bag Luncheon – No Meeting scheduled for December
Item D: Public Hearing Items:
Item 1: NSC Addition
1a. Continued 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 JANUARY 4, 2018
1b. Continued 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 JANUARY 4, 2018
1c. Continued 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 JANUARY 4, 2018
1d. Continued 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, City of Fargo, Cass County, North Dakota. (Located at 5703 and 6101 45th Street North) (City of Fargo/Fargo Park District): CONTINUED TO JANUARY 4, 2018
A Hearing had been set for August 1, 2017. At the August 1, 2017 meeting, the Hearing was continued to September 5, 2017. At the September 5, 2017 meeting, the Hearing was continued to October 3, 2017. At the October 3, 2017 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to January 4, 2018
Member Magelky moved this item be continued to the January 4, 2018 Planning Commission meeting. Second by Member Scherling. All Members present voted aye and the motion was declared carried.
Item 2: Craigs Oak Grove Addition
Continued hearing on an application requesting a Plat of Craigs Oak Grove Addition (Major Subdivision), a vacation plat of 5th Avenue North, and an alley, and a replat of part of Block 27, part of Block 28, and the vacated portions of Elm Street, Block 28 alley and 5th Avenue North, Keeney and Devitts 2nd Addition to the City of Fargo, Cass County, North Dakota. (Located at 43, 44, and 48 5th Avenue North, 10, 14, and 22 6th Avenue North, and 505, 509, 515, and 519 Oak Street North) (Jesse Craig): CONTINUED TO JANUARY 4, 2018
A Hearing had been set for November 7, 2017. At the November 7, 2017 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to January 4, 2018.
Member Scherling moved this item be continued to the January 4, 2018 Planning Commission meeting. Second by Member Morgan. All Members present voted aye and the motion was declared carried.
Item 3: Cityscapes Business Park Addition
Continued hearing on an application requesting a Plat of Cityscapes Business Park Addition (Minor Subdivision) a replat of Lots 1-4, Block 28, all of Blocks 29-30 of Tyler’s Addition, and all of vacated 20th and 21st Streets North lying between said blocks, and a portion of the Southwest Quarter, Section 1, Township 139 North, Range 49 West of the 5th Principal Meridian, City of Fargo, Cass County, North Dakota, to include a subdivision waiver for drain setback on Lot 1, Block 1 of the proposed plat. (Located at 1910, 1968, and 2068 1st Avenue North) (Bullinger Enterprises/Rick Flacksbarth): CONTINUED TO JANUARY 4, 2018
A Hearing had been set for November 7, 2017. At the November 7, 2017 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to January 4, 2018.
Member Magelky moved this item be continued to the January 4, 2018 Planning Commission meeting. Second by Member Steffes. All Members present voted aye and the motion was declared carried.
Item 4: Urban Plains by Brandt Third Addition
4a. Continued Hearing on an application requesting a Conditional Use Permit for household living in the LC, Limited Commercial Zoning District, on the proposed Lot 5, Block 1, Urban Plains by Brandt Third Addition. (Located at 2633 and 2867 55th Street South) (Houston Engineering, Inc.): APPROVED WITH CONDITIONS
A Hearing had been set for November 7, 2017. At the November 7, 2017 meeting, the Hearing was continued to this date and time.
4b. Hearing on an application requesting a Conditional Use Permit for an alternative access plan in the LC, Limited Commercial Zoning District, on the proposed Lot 5, Block 1, Urban Plains by Brandt Third Addition. (Located at 2633 and 2867 55th Street South) (Houston Engineering, Inc.): APPROVED WITH CONDITIONS
Planner Aaron Nelson presented the staff report noting item 4a. is a continued application and item 4b. is a new application. Mr. Nelson stated all approval criteria have been met and staff is recommending approval with conditions.
Member Steffes moved the findings and recommendations of staff be accepted and the Conditional Use Permit for the proposed Alternative Access Plan and the Conditional Use Permit to allow household living in the LC, Limited Commercial, zoning district be approved on the basis that they satisfactorily comply with the GO2030 Fargo Comprehensive Plan, the Standards of Section 20-0909.D(1-6) and all other applicable requirements of the Land Development Code with the following conditions:
1) The maximum residential density shall be that of the MR-3, Multi-Dwelling Residential, zoning district (24 units per acre).
2) The minimum open space required for each lot shall be 30% of the lot area.
3) Bicycle parking facilities, such as bike racks or bike lockers, shall be provided on-site.
Second by Member Morgan. On call of the roll Members Scherling, Steffes, Magelky, Morgan, and Gunkelman voted aye. Absent and not voting: Members Sobolik, Schneider, Stofferahn, and Fischer. The motion was declared carried.
Item 5: LaVerne’s Addition
5a. Hearing on an application requesting a Zoning Change from AG, Agricultural to LI, Limited Industrial, and P/I Public and Institutional, within the boundaries of the proposed LaVerne’s Addition. (Located at 4301 19th Avenue North) (LaVerne A. Montplaisir Family/Houston Engineering): APPROVED
5b. Hearing on an application requesting a Plat of LaVerne’s Addition (Major Subdivision) a replat a portion of the West Half of Section 27, Township 140 North, Range 49 West of the 5th Principal Meridian, City of Fargo, Cass County, North Dakota. (Located at 4301 19th Avenue North) (LaVerne A. Montplaisir Family/Houston Engineering): APPROVED
Senior Planner Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
A draft amenities plan was given to the Board members.
Tom Knakmuhs, Division Engineer, spoke on behalf of the Engineering Department.
Member Scherling moved the findings and recommendations for staff be accepted and approval be recommended to the City Commission of the proposed: 1) Zoning Change from AG, Agricultural to LI, Limited Industrial and P/I, Public and Institutional; and 2) LaVerne’s Addition subdivision plat as presented; as the proposal complies with the GO2030 Fargo Comprehensive Plan, the amended 2007 Tier 1 Northwest Land Use Plan, the Standards of Article 20-06, and Section 20-0906.F (1-4) of the Land Development Code and all other applicable requirements of the Land Development Code, contingent upon resolution of certain lot revisions as noted in the staff report. Second by Member Steffes. On call of the roll Members Scherling, Morgan, Steffes, Magelky, and Gunkelman voted aye. Absent and not voting: Members Sobolik, Schneider, Stofferahn, and Fischer. The motion was declared carried.
Item 6: Madelyn’s Meadows Addition
6a. Hearing on an application requesting a Zoning Change from AG, Agricultural to SR-4, Single-Dwelling Residential, within the boundaries of the proposed Madelyn’s Meadows Addition. (Located at 7269 25th Street South) (Sitka Investments, LLC/Jon Youness): CONTINUED TO FEBRUARY 6, 2018
6b. Hearing on an application requesting a Plat of Madelyn’s Meadows Addition (Major Subdivision) a replat of a portion of the Northeast Quarter of the Southeast Quarter of Section 11, Township 138 North, Range 49 West of the 5th Principal Meridian, City of Fargo, Cass County, North Dakota. (Located at 7269 25th Street South) (Sitka Investments, LLC/Jon Youness): CONTINUED TO FEBRUARY 6, 2018
A Hearing had been set for this date and time; however, the applicant has requested this item be continued to February 6, 2018.
Member Scherling moved this item be continued to the February 6, 2018 Planning Commission meeting. Second by Member Magelky. All Members present voted aye and the motion was declared carried.
Item 7: BLU Water Creek Addition
Hearing on an application requesting a Zoning Change to repeal and re-establish a C-O, Conditional Overlay, on Lots 2-6, Block 1, BLU Water Creek Addition, Lots 1-3, Block 1, BLU Water Creek Second Addition, and Lot 2, Block 1, Bentley Square Addition. (Located at 4504, 4582, 4600, 4648, and 4682 32nd Avenue South, 3233 and 3265 45th Street South, and 4507 and 4609 33rd Avenue South) (Brandt Crossing, LLC/Nate Vollmuth): APPROVED
Planner Maegin Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Nate Vollmuth, PACES Lodging, 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 Zoning Change to repeal and re-establish 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 Scherling. On call of the roll Members Steffes, Magelky, Morgan, Scherling and Gunkelman voted aye. Absent and not voting: Members Sobolik, Schneider, Stofferahn, and Fischer. The motion was declared carried.
Item 8: BLU Water Creek Third Addition
Hearing on an application requesting a Plat of BLU Water Creek Third Addition (Minor Subdivision) a replat of Lots 2-3, Block 1, BLU Water Creek Addition, to the City of Fargo, Cass County, North Dakota. (Located at 4504 and 4582 32nd Avenue South) (Brandt Crossing, LLC/Nate Vollmuth): APPROVED
Ms. Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Scherling moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed subdivision plat, BLU Water Creek Third 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 Morgan. On call of the roll Members Magelky, Morgan, Scherling, Steffes, and Gunkelman voted aye. Absent and not voting: Members Sobolik, Schneider, Stofferahn, and Fischer. The motion was declared carried.
Item 9: Osgood Townsite Fifteenth Addition
Hearing on an application requesting an amendment to an existing Planned Unit Development Master Land Use Plan and Final Plan for Lot 2, Block 1, of the Osgood Townsite Fifteenth Addition. (Located at 5012 47th Street South) (Artekta Architects/Jeff Morrau): APPROVED
Ms. Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Scherling moved the findings and recommendations of staff be accepted and the Planned Unit Development Final Plan be approved as outlined in the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the adopted Area Plan, the Standards of Article 20-0908, and all other applicable requirements of the Land Development Code. Second by Member Magelky. On call of the roll Members Steffes, Magelky, Morgan, Scherling, and Gunkelman voted aye. Absent and not voting: Members Sobolik, Schneider, Stofferahn, and Fischer. The motion was declared carried.
Item 10: Commerce on 12th Fourth Addition
Hearing on an application requesting a Plat of Commerce on 12th Fourth Addition (Minor Subdivision) a replat of all of Block 1, Commerce on 12th Second Addition, to the City of Fargo, Cass County, North Dakota. (Located at 1330, 1350, 1370, and 1390 55th Street North) (Fargo Commercial Properties, LLC/Nate Vollmuth): APPROVED
Mr. Kress 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 subdivision plat, Commerce on 12th Fourth 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 Steffes. On call of the roll Members Scherling, Magelky, Morgan, Steffes, and Gunkelman voted aye. Absent and not voting: Members Sobolik, Schneider, Stofferahn, and Fischer. The motion was declared carried.
Item 11: Harwood’s Addition
Hearing on an application requesting an amendment to the PUD, Planned Unit Development Master Land Use Plan and Final Plan for Lots 17-18 and portions of Lots 1-2, Block 4, of Harwood’s Addition. (Located at 703 and 707 10th Street North) (710 Lofts, LLC/Kevin Bartram): APPROVED
Mr. Kress presented the staff report noting that a staff facilitated open house was held November, 28, 2017 and one comment was received and is included in the packet. Mr. Kress stated all approval criteria have been met and staff is recommending approval.
Member Steffes moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed: 1) Zoning Ordinance to include a PUD, Planned Unit Development overlay amendment to the PUD Master Land Use Plan, and approve the 2) PUD Final Plan, contingent on City Commission approval of the PUD Master Plan as the proposal complies with the GO2030 Fargo Comprehensive Plan, Standards of Section 20-09083.B (7) of the Land Development Code and all other applicable requirements of the Land Development Code. Second by Member Scherling. On call of the roll Members Scherling, Steffes, Morgan, Magelky, and Gunkelman voted aye. Absent and not voting: Members Sobolik, Schneider, Stofferahn, and Fischer. The motion was declared carried.
Item 12: Ohmers Addition Subdivision of Lots 65 through 68
Hearing on an application requesting a Zoning Change from MR-3, Multi-Dwelling Residential to LC, Limited Commercial with a C-O, Conditional Overlay on Lot 29, of Ohmers Addition Subdivision of Lots 65 through 68. (Located at 1314 12th Street North) (Alpha Gamma Rho House Corporation/Lutheran Campus Council): APPROVED
Mr. Kress presented the staff report noting that a staff facilitated open house was held November, 28, 2017 and one comment was received and is included in the packet. Mr. Kress 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 Zoning Change from MR-3, Mutli-Dwelling Residential, to LC, Limited Commercial for Lot 29, with a C-O, Conditional Overlay, for Ohmer’s Addition Subdivision of Lots 65 through 68 as presented as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Roosevelt Neighborhood Future Land Use Plan, Section 20-0906.F (1-4) of the Land Development Code and all other applicable requirements of the Land Development Code. Second by Member Morgan. On call of the roll Members Magelky, Steffes, Morgan, Scherling, and Gunkelman voted aye. Absent and not voting: Members Sobolik, Schneider, Stofferahn, and Fischer. The motion was declared carried.
Item 13: Ohmers Addition Subdivision of Lots 65 through 68
Hearing on an application requesting a Zoning Change from MR-3, Multi-Dwelling Residential to P/I, Public and Institutional with a C-O, Conditional Overlay on Lot 30, of Ohmers Addition Subdivision of Lots 65 through 68. (Located at 1310 12th Street North) (Alpha Gamma Rho House Corporation/Lutheran Campus Council): APPROVED
Mr. Kress presented the staff report noting that a staff facilitated open house was held November, 28, 2017 and one comment was received and is included in the packet. Mr. Kress stated all approval criteria have been met and staff is recommending approval.
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 MR-3. Multi-Dwelling Residential to P/I, Public and Institutional with a C-O, Conditional Overlay for Lot 30, Ohmer’s Addition Subdivision of Lots 65 through 68 as presented as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Roosevelt Neighborhood Future Land Use Plan, Section 20-0906.F (1-4) of the Land Development Code and all other applicable requirements of the Land Development Code. Second by Member Scherling. On call of the roll Members Morgan, Steffes, Magelky, Scherling, and Gunkelman voted aye. Absent and not voting: Members Sobolik, Schneider, Stofferahn, and Fischer. The motion was declared carried.
Item E: Other Items:
The time at adjournment was 4:01 p.m.