Planning Commission - February 7, 2017 Minutes
Regular Meeting: Tuesday: February 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, February 7, 2017.
The Planning Commissioners present or absent were as follows:
Present: Mara Brust, Shara Fischer, John Gunkelman, Mary Scherling,
Rocky Schneider, Melissa Sobolik, Kelly Steffes, Scott Stofferahn,
Jan Ulferts Stewart
Absent: Mike Magelky
Chair Ulferts Stewart called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Member Stofferahn moved the Order of Agenda be approved as presented. Second by Member Schneider. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of January 4, 2017
Member Schneider moved the minutes of the January 4, 2017 Planning Commission meeting be approved. Second by Member Fischer. All Members present voted aye and the motion was declared carried.
Item C: Wednesday, February 22, 2017 Brown Bag Luncheon
Topic: Discussion on Upcoming Projects
Member Sobolik present.
Item D: Public Hearing Items:
Item 1: 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 MARCH 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 this date and time; however, the applicant has requested this item be continued to March 7, 2017.
Member Fischer moved this item be continued to the March 7, 2017 Planning Commission Meeting. Second by Member Schneider. All Members present voted aye and the motion was declared carried.
Item 2: 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 APRIL 4, 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 APRIL 4, 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 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 continued to April 4, 2017.
Member Fischer moved this item be continued to the April 4, 2017 Planning Commission Meeting. Second by Member Schneider. All Members present voted aye and the motion was declared carried.
Item 3: 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): WITHDRAWN
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): WITHDRAWN
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 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 4: Bison Meadows Second Addition
a. Hearing on an application requesting a Zoning Change from SR-4, Single-Dwelling Residential and P/I, Public and Institutional to SR-4, Single-Dwelling Residential and P/I, Public and Institutional, on all of Bison Meadows Second Addition. (Located North of 70th Avenue South and West of University Drive South) (Jon Youness/Eagle Ridge Company): APPROVED
b. Hearing on an application requesting a Plat of Bison Meadows Second Addition (Major Plat), a replat of Lots 1-10, Block 1; Lots 3-78, Block 2; Lots 1-15, Block 3; Lots 1-44, Block 4; Lots 1-42, Block 5; Lots 1-35, Block 6; Lots 1-28, Block 7; Lots 1-47, Block 8, the extinguishment of the zoning conditional overlay on those lots and blocks, and a vacation of portions of the public right of way for 68th Avenue South, 69th Avenue South, 14th Street South, 15th Street South,
16th Street South, 17th Street South, all of the public right of way for Bison Meadows Parkway and Championship Loop, and certain easements within Bison Meadows Addition to the City of Fargo, Cass County, North Dakota. (Located North of 70th Avenue South and West of University Drive South) (Jon Youness/Eagle Ridge Company): APPROVED
Senior Planner Donald Kress presented the staff report. Mr. Kress referenced two documents staff submitted to the Board: an email in opposition of the proposal, and an updated map showing the 2016 residential building permits, locations, and the number of vacant lots available in Fargo for construction of single-family and twin-homes. Mr. Kress stated all approval criteria have been met, and staff is recommending approval.
Planning Director Jim Gilmour explained the information depicted in the map showing the 2016 residential building permits, locations, and the number of vacant lots available in Fargo for construction of single-family and twin-homes.
Discussion began regarding the following: retention plans; flood protection and infill; and accessibility to the surrounding park areas.
Applicant Jon Youness, Eagle Ridge Development, spoke on behalf of the application.
The following area property owners spoke in opposition of the proposal sharing the following concerns: new proposal shows more houses and pavement, and less green space; stormwater infrastructure; neighborhood walkability; increased traffic; safe school crossings; and the lack of conformity with the look of surrounding neighborhoods.
Tim Nasheim, 6622 Crofton Lane South
Amber Szczepanski, 6968 Crofton Lane South
Peter Tupa, 6925 23rd Street South
Member Gunkelman moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed: 1) zone change from SR-4, Single-Dwelling Residential and P/I, Public and Institutional to SR-4,
Single-Dwelling Residential and P/I Public and Institutional; and 2) Bison Meadows Second Addition subdivision plat as presented, as the proposal complies with the GO2030 Fargo Comprehensive 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. Second by Member Sobolik. On call of the roll Members Scherling, Gunkelman, Sobolik, Stofferahn, Steffes, Brust, Fischer, Schneider, and Ulferts Stewart voted aye. Absent and not voting: Member Magelky. The motion was declared carried.
Item 5: The Pines at the District Fourth Addition
Hearing on an application requesting a Plat of The Pines at the District Fourth Addition (Minor Plat), a replat of Lot 1, Block 1, The Pines at The District 3rd Addition and Lot 1, Block 1, The District of Fargo 2nd Addition to the City of Fargo, Cass, County, North Dakota. (Located at 5461 38th Street South and 4000 53rd Avenue South) (Patrick Vesey/Goldmark): APPROVED
Member Brust declared a conflict of interest on this item and was excused from voting.
Donald Kress 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 subdivision plat
The Pines at the District Fourth Addition as presented, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the 2007 Growth 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 Stofferahn, Scherling, Sobolik, Fischer, Schneider, Gunkelman, Steffes, and Ulferts Stewart voted aye. Member Brust abstained from voting. Absent and not voting: Member Magelky. The motion was declared carried.
Item 6: BLU Water Creek Second Addition
Hearing on an application requesting a Plat of BLU Water Creek Second Addition (Minor Plat), a replat of Lot 1, Block 1, BLU Water Creek Addition to the City of Fargo, Cass, County, North Dakota. (Located at the Southwest corner of 32nd Avenue South and 47th Street South) (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 BLU Water Creek Second 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 Steffes, Sobolik, Gunkelman, Scherling, Fischer, Brust, Stofferahn, Schneider, and Ulferts Stewart voted aye. Absent and not voting: Member Magelky. The motion was declared carried.
Item 7: The Pines at the District Addition
Hearing on an application requesting a Zoning Change from SR-2, Single-Dwelling Residential to SR-3, Single-Dwelling Residential and MR-3, Multi-Dwelling Residential on Lots 1-8, Block 14, The Pines at the District Addition. (Located at 5651, 5659, 5663, 5667, 5673, 5679, 5685, and 5691 43rd Street South) (City of Fargo): APPROVED
Planner Derrick LaPoint presented the staff report stating all approval criteria have been met and staff is recommending approval.
Property owner Jessica Westgard Larson, 5622 43rd Street South, spoke in opposition of the proposal.
Member Scherling moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed zoning change from SR-2, Single-Dwelling Residential to SR-3, Single-Dwelling Residential and MR-3, Multi-Dwelling Residential, 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 Fischer. On call of the roll Members Gunkelman, Sobolik, Fischer, Steffes, Brust, Stofferahn, Schneider, Scherling, and Ulferts Stewart voted aye. Absent and not voting: Member Magelky. The motion was declared carried.
Item 8: Virgil Montplaisier 2nd Addition
Hearing on an application requesting a Zoning Change from GC, General Commercial to LI, Limited Industrial with a C-O, Conditional Overlay on Lot 4, Block 1, Virgil Montplaisier 2nd Addition. (Located at 3030 36th Street South) (Jon Youness/Eagle Ridge Company): APPROVED
Derrick LaPoint presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Jon Youness, Eagle Ridge Company, spoke on behalf of the application.
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 GC, General Commercial to LI, Limited Industrial 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 Stofferahn. On call of the roll Members Stofferahn, Steffes, Fischer, Gunkelman, Sobolik, Schneider, Brust, Scherling, and Ulferts Stewart voted aye. Absent and not voting: Member Magelky. The motion was declared carried.
At 4:00 p.m., the Board took a five-minute recess.
After recess: All Members present except Member Magelky. Chair Ulferts Stewart presiding.
Item 9: Island Park Addition
Hearing on an application requesting a Zoning Change from SR-3, Single-Dwelling Residential with a H-O, Historic Overlay, to SR-5, Single-Dwelling Residential with a H-O, Historic Overlay, on a portion of Lot 22, Block 3, Island Park Addition. (Located at 389 8th Avenue South) (Chris Hawley/Hawley Architects): APPROVED
Planner Aaron Nelson presented the staff report, and noted additional emails staff received have been submitted to the Board. He also noted a correction to the staff report pertaining to the zoning change, which should state SR-5, Single-Dwelling Residential and not SR-5, Multi-Dwelling Residential. Mr. Nelson stated all approval criteria have been met and staff is recommending approval.
Applicant Chris Hawley spoke on behalf of the application, and submitted a handout to the Board
The following area property owners spoke in opposition of the proposal stating the following concerns: the close distance between the proposed setbacks from the building to the sidewalks; the size, design and direction the new building will face in relation to adjacent homes; and the proposed zoning change.
Lee Watkins, 384 8th Avenue South
Claudia Davenport, 417 8th Avenue South
Natasha Neihart, 1102 9th Street South
Joann and Jim Alger, 330 8th Avenue South
Joe Burgum, 514 10th Avenue South, spoke in favor of the proposal.
City Forester Scott Liudahl shared his concerns regarding the retention of the existing trees in the proposed area.
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 SR-3, Single-Dwelling Residential with a H-O, Historic Overlay to SR-5, Single-Dwelling Residential with a H-O, Historic 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 Fischer. On call of the roll Members Fischer, Steffes, Gunkelman, Sobolik, Brust, Scherling, Schneider, Stofferahn, and Ulferts Stewart voted aye. Absent and not voting: Member Magelky. The motion was declared carried.
Item 10: West Acres 4th Addition and T Sloan Addition
Hearing on an application requesting a Conditional Use Permit to allow Household Living in a GC, General Commercial zoning district on Lots 3-5,
Block 5, West Acres 4th Addition and Lot 2, Block 1, T Sloan Addition. (Located at 1825, 1833, 1841, and 1855 38th Street South) (Austin Morris/Enclave Company): APPROVED WITH CONDITIONS
Member Brust declared a conflict of interest on this item and was excused from voting.
Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval with conditions.
There was discussion regarding housing along interstates; future changes to the adjacent interstates that may require additional buffering; payment responsibility for the buffering; and the process staff uses for measuring setbacks from the major roadways.
Applicant Austin Morris, Enclave Development, spoke on behalf of the application.
Member Steffes moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow Household Living in a GC, General Commercial zoning district on Lots 3-5, Block 5, West Acres 4th Addition and Lot 2, Block 1, T Sloan Addition 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. Residential density shall not exceed 24 dwelling units per acre.
2. The property owner will retain a minimum of 35% of the property as open space.
3. The property, as developed, will include a landscaped buffer. The landscaped buffer strip shall comply with the following standards:
a. The landscaped buffer strip shall be no less than forty (40) feet wide, as measured east-west.
b. The landscaped buffer strip shall consist of at least three (3) rows of trees and shrubs planted to create a shelterbelt or windbreak as typically planted in farmstead settings. The eastern row shall consist of large evergreen trees planted to no greater than fourteen (14) feet apart. The western row shall consist of large deciduous trees planted no greater than seven (7) feet apart.
c. For the purpose of this CUP, large evergreen trees have a mature height of at least 35 feet tall, large deciduous shrubs shall have a mature height of at least 35 feet tall, and large deciduous shrubs shall have a mature height of at least 15 feet tall.
4. All residential buildings shall be set back at least 100 feet from the west edge of pavement of the I-94 on-ramp, and 300 feet from the west edge of pavement of the I-29 southbound.
5. All residential buildings shall be constructed of noise-resistant materials as follows:
a. East-facing exterior walls shall be constructed to have a sound transmission class of 52.
b. East-facing exterior windows and doors shall be constructed to have a sound transmission class of 31.
6. All residential buildings shall not exceed four stories in height.
7. Pedestrian sidewalks shall be installed from the public sidewalk within the street right of way to the entrance of each primary building.
Second by Member Sobolik. On call of the roll Members Gunkelman, Sobolik, Fischer, Steffes, Stofferahn, Schneider, Scherling, and Ulferts Stewart voted aye. Member Brust abstained from voting. Absent and not voting: Members Magelky. The motion was declared carried.
Item E: Other Items:
Item 1: FM Metro COG Presentation: Bicycle-Pedestrian Master Plan
Transportation Planner Dan Farnsworth, Fargo-Moorhead Metropolitan Council of Government (Metro COG), presented the 2016 Fargo-Moorhead Metropolitan Bicycle and Pedestrian Plan. Mr. Farnsworth noted the complete copy of this plan is available at the Metro COG website: www.fmmetrocog.org.
The time at adjournment was 5:25 p.m.