Planning Commission - July 6, 2017 Minutes
Regular Meeting: Thursday: July 6, 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., Thursday, July 6, 2017.
The Planning Commissioners present or absent were as follows:
Present: Mara Brust, Shara Fischer, John Gunkelman, Mike Magelky, Dawn Morgan, Rocky Schneider, Kelly Steffes, Scott Stofferahn
Absent: Mary Scherling, Melissa Sobolik
Vice Chair Fischer 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 Magelky. All Members present voted aye and the motion was declared carried.
Member Steffes present.
Item B: Minutes: Regular Meeting of June 6, 2017
Member Schneider moved the minutes of the June 6, 2017 Planning Commission meeting be approved. Second by Member Brust. All Members present voted aye and the motion was declared carried.
Item C: July 2017 Brown Bag Luncheon – no meeting scheduled for July
Item D: Nomination/Election of Officers
Committee Chair Stofferahn spoke on behalf of the Nominating Committee, and moved to nominate Shara Fischer for Planning Commission Chair, and John Gunkelman as Planning Commission Vice Chair. Second by Member Schneider. All Members present voted aye and the motion was declared carried.
Item E: Public Hearing Items:
PRESENTED AFTER ITEM 2
Item 1: Fox First Addition
Continued hearing on an application requesting a Plat of Fox First Addition (Major Subdivision), a replat of Lots 1-3, Block 1, Northern Sheyenne Land Second Addition to the City of Fargo, Cass County, North Dakota. (Located at 4900 19th Avenue North and 1870 and 1890 Sheyenne Loop North) (Guy B. Fox): APPROVED
A hearing had been set for June 6, 2017. At the June 6, 2017 meeting the Hearing was continued to this date and time.
Senior Planner Donald Kress presented the staff report noting an updated plat was submitted to the Board. 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 Fox First Addition subdivision plat as presented, as the proposal complies with the 2007 Growth Plan, the Standards of Article 20-06 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 Brust, Morgan, Stofferahn, Steffes, Schneider, Magelky, Gunkelman, and Fischer voted aye. Absent and not voting: Members Scherling and Sobolik. The motion was declared carried.
PRESENTED BEFORE ITEM 1
Item 2: Grayland First Addition
2a. 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 AUGUST 1, 2017
2b. 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 AUGUST 1, 2017
Chair Fischer stated this item will be continued to the August 1, 2017 Planning Commission Meeting.
Member Schneider moved to continue this item to the August 1, 2017 Planning Commission Meeting. Second by Member Brust. All Members present voted aye and the motion was declared carried.
Item 3: Oakcreek Second Addition
Hearing on an application requesting a Plat of Oakcreek Second Addition (Minor Subdivision) a replat of Lots 26 and 27, Block 1, of Oakcreek Addition to the City of Fargo, Cass County, North Dakota. (Located at 4496 and 4497 Oakcreek Drive) (City of Fargo): APPROVED
Planner Aaron Nelson 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 subdivision plat, Oakcreek 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 Brust. On call of the roll Members Schneider, Brust, Stofferahn, Steffes, Magelky, Gunkelman, Morgan, and Fischer voted aye. Absent and not voting: Members Scherling and Sobolik. The motion was declared carried.
Item 4: Osgood Townsite Fifteenth Addition
4a. Hearing on an application requesting a Zoning Change from LC, Limited Commercial to LC, Limited Commercial, with a PUD, Planned Unit Development Overlay, on Lot 2, Block 1, of the Osgood Townsite Fifteenth Addition. (Located at 5050 47th Street South) (Nate Vollmuth): APPROVED
4b. Hearing on an application requesting a Planned Unit Development Master Land Use Plan and Final Plan for Lot 2, Block 1, of the Osgood Townsite Fifteenth Addition. (Located at 5050 47th Street South) (Nate Vollmuth): APPROVED
Assistant Planner Kylie Murphy presented the staff report. She noted a correction to the proposed motion stated in the packet, and referenced the PowerPoint slide showing the corrected motion language. 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: 1) Zoning Change from LC, Limited Commercial to LC, Limited Commercial with a PUD, Planned Unit Development Overlay and 2) PUD Master Land Use Plan, and approve 1): the PUD Final Plan, contingent on City Commission approval of the zoning change and PUD Master Plan, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Standards of Section 20-0908.B (7), 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 Schneider. On call of the roll Members Gunkelman, Stofferahn, Steffes, Magelky, Brust, Morgan, Schneider and Fischer voted aye. Absent and not voting: Members Scherling and Sobolik. The motion was declared carried.
Item 5: Dewitts Addition
5a. Hearing on an application requesting a Zoning Change from MR-2, Multi-Dwelling Residential to SR-5, Single-Dwelling Residential with a PUD, Planned Unit Development Overlay, on the West 65 feet of Lot 1, Block 2, Dewitts Addition. (Located at 308 9th Avenue North) (Rob Rich/Lake Agassiz Habitat for Humanity): APPROVED
5b. Hearing on an application requesting a Planned Unit Development Master Land Use Plan and Final Plan for the West 65 feet of Lot 1, Block 2, Dewitts Addition. (Located at 308 9th Avenue North) (Rob Rich/Lake Agassiz Habitat for Humanity): APPROVED
Planner Maegin Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Rob Rich, Lake Agassiz Habitat for Humanity, spoke on behalf of the application.
Member Schneider 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-2, Multi-Dwelling Residential to SR-5, Single-Dwelling Residential with a PUD, Planned Unit Development Overlay and 2) PUD Master Land Use Plan, and approve: 1) the PUD Final Plan, contingent on City Commission approval of the zoning change and PUD Master Plan, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Standards of Section 20-0908.B (7) 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 Magelky. On call of the roll Members Stofferahn, Morgan, Steffes, Schneider, Magelky, Gunkelman, Brust, and Fischer voted aye. Absent and not voting: Members Scherling and Sobolik. The motion was declared carried.
Item 6: Silverleaf Third Addition
6a. Hearing on an application requesting a Plat of Silverleaf Third Addition (Minor Sub) a replat of part of Auditor’s Lot 8 in the Southeast Quarter of Section 2, Township 138 North, Range 49 West of the 5th Principal Meridian, and Lot 3, Block 1, Silverleaf Second Addition, City of Fargo, Cass County, North Dakota. (Located at 2801 64th Avenue South, and 2748 Samuel Drive South) (Carl Olson/KLJ): APPROVED
6b. Hearing on an application requesting a Zoning Change from AG, Agricultural to SR-2, Single-Dwelling Residential on Lot 1, Block 1 of the proposed Silverleaf Third Addition. (Located at 2801 64th Avenue South, and 2748 Samuel Drive South) (Carl Olson/KLJ): APPROVED
Planner Derrick LaPoint 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: 1) Zoning Change from AG, Agricultural to SR-2, Single-Dwelling Residential and 2) Subdivision Plat, Silverleaf 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 Steffes. On call of the roll Members Steffes, Magelky, Gunkelman, Morgan, Brust, Stofferahn, Schneider, and Fischer voted aye. Absent and not voting: Members Scherling and Sobolik. The motion was declared carried.
Item 7: Osgood Townsite Sixth Addition
Hearing on an application requesting a Zoning Change from MR-1, Multi-Dwelling Residential to P/I, Public and Institutional with a C-O, Conditional Overlay on Lot 3, Block 1, Osgood Townsite Sixth Addition. (Located at 4575 45th Street South) (Calvary United Methodist Church/Bill Kranzler): APPROVED
Assistant Planner Barrett Voigt 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-1, Multi-Dwelling Residential to P/I, Public and Institutional Commercial 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 Morgan. On call of the roll Members Gunkelman, Morgan, Steffes, Magelky, Brust, Stofferahn, Schneider, and Fischer voted aye. Absent and not voting: Members Scherling and Sobolik. The motion was declared carried.
Item 8: Text Amendment
Hearing on an application requesting a Text Amendment to amend Article 20-10, Chapter 20 of the Fargo Municipal Code (Land Development Code) relating to nonconformities. (City of Fargo): APPROVED
Aaron Nelson presented the staff report and reviewed the background for the proposed amendment. Mr. Nelson stated all approval criteria have been met and staff is recommending approval.
Planning Administrator Nicole Crutchfield and Division Engineer Brenda Derrig shared additional information on the intent of this proposed amendment.
Member Gunkelman moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed text amendment to Article 20-10, Chapter 20 of the Fargo Municipal Code (Land Development Code) relating to nonconformities, as the proposal meets the approval criteria of §20-0904.E (1-3) of the Land Development Code. Second by Member Stofferahn. On call of the roll Members Brust, Morgan, Gunkelman, Magelky, Schneider, Steffes, Stofferahn, and Fischer voted aye. Absent and not voting: Members Scherling and Sobolik. The motion was declared carried.
Item F: Other Items:
Item 1: LDC Section 20-0911 Institutional Master Plans
Planning Administrator Nicole Crutchfield introduced the review tool Planners will use when reviewing these types of applications. She noted this tool is part of the Land Development Code (LDC), and referred to Section 20-0911 of the LDC that was included in the packet, and Section 20-0304 staff submitted to the Board. She noted staff is currently reviewing two applications utilizing this tool, and will present their recommendations at a future Planning Commission meeting. Ms. Crutchfield proceeded to explain and highlight some of the ways this tool can help streamline staffs review process.
Mr. Nelson spoke next about the proposal submitted by the Red River Zoo, followed by Ms. Elshaug who spoke on the softball complex proposal from the Fargo Park District.
Item 2: Rules of Internal Procedure and Operations of the City of Fargo
Chair Fischer presented this item, and asked the Board for any questions or comments prior to approval of this annually reviewed document.
Member Stofferahn requested this document define the eligibility of members who may serve as the Chair and Vice Chair of the Planning Commission, as it relates to City-appointed versus Cass County-appointed Board Members. Nicole Crutchfield stated staff would work with the City Attorney to draft an amendment to propose at the August 1 Planning Commission Meeting.
The time at adjournment was 4:00 p.m.