Planning Commision - June 6, 2017 Minutes
Regular Meeting: Tuesday: June 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., Tuesday, June 6, 2017.
The Planning Commissioners present or absent were as follows:
Present: Mara Brust, John Gunkelman, Mike Magelky, Mary Scherling, Rocky Schneider, Jan Ulferts Stewart
Absent: Shara Fischer, Melissa Sobolik, Kelly Steffes, Scott Stofferahn
Chair Ulferts Stewart called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Member Schneider 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 May 2, 2017
Member Magelky moved the minutes of the May 2, 2017 Planning Commission meeting be approved. Second by Member Scherling. All Members present voted aye and the motion was declared carried.
Item C: Wednesday June 21, 2017 Brown Bag Luncheon
Topic: A discussion on the study – “What Works Cities”
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 AUGUST 1, 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 to this date and time; however, the applicant has requested this item be continued to August 1, 2017.
Member Scherling moved this item be continued to the August 1, 2017 Planning Commission Meeting. Second by Member Schneider. On call of the roll Members o voted aye. The motion was declared carried.
Item 2: North Dakota R-1 Urban Renewal Addition
Hearing on an application requesting a Vacation Plat, a portion of 2nd Street North between 1st Avenue North to 5th Avenue North, North Dakota R-1 Urban Renewal Addition. (Located at 2nd Street North, from 1st Avenue North to 5th Avenue North) (City of Fargo): APPROVED
Senior Planner Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Schneider moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the North Dakota R-1 Urban Renewal Addition (2nd Street North) street vacation plat as presented, as the proposal complies with the F-M Diversion project and the North Dakota Century Code Section 40-39: Opening and Vacating Streets, Alleys, and Public Places. Second by Member Brust. On call of the roll Members Magelky, Schneider, Scherling, Brust, Gunkelman, and Ulferts Stewart voted aye. Absent and not voting: Members Fischer, Sobolik, Steffes, and Stofferahn. The motion was declared carried.
Item 3: Dedication of 2nd Street North
Hearing on an application requesting a Plat of Dedication of 2nd Street North (Major Subdivision), portions of North Dakota R-1 Urban Renewal Addition, Keeney and Devitt’s Second Addition and portions of vacated 2nd Street North, 4th Avenue North, and 5th Avenue North to the City of Fargo, Cass County, North Dakota. (Located at 2nd Street North, from 1st Avenue North to 5th Avenue North) (City of Fargo): APPROVED
Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Schneider moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 2nd Street North Dedication plat as presented, as the proposal complies with the F-M Diversion Project, the Standards of Article 20-06 of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Brust. On call of the roll Members Schneider, Brust, Scherling, Magelky, Gunkelman, and Ulferts Stewart voted aye. Absent and not voting: Members Fischer, Sobolik, Steffes, and Stofferahn. The motion was declared carried.
Item 4: Section 24, Township 138 North, Range 49 West
Hearing on an application requesting a Conditional Use Permit to allow Non-Farm Commercial Uses for property within the Extraterritorial Jurisdiction on part of the Northwest Quarter of Section 24, Township 138 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota. (8800 25th Street South) (Bear Creek Winery): APPROVED WITH CONDITIONS
Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Rod Ballinger spoke on behalf of the application.
Member Magelky moved the findings and recommendations of staff be accepted and the Conditional use Permit to allow non-farm commercial uses within the Extraterritorial Jurisdiction be approved, as the proposal complies with Section 20-0909.D (1-6) and all other requirements of the Land Development, with the following conditions:
1. Ability to operate Bear Creek Winery including, but not necessarily limited to, banquets, receptions, and parties (i.e. wine tastings, weddings, birthday parties, grooms dinners, anniversary celebrations, and Christmas gatherings). Attendance of special events shall be limited (inclusive of staff), to no more than the maximum occupancy of the winery as determined by the City of Fargo’s Inspections Department (this may be determined in conjunction with the applicable fire department); except for outdoor events which shall be limited by sanitation facilities.
2. Issuance of the Conditional Use Permit provides zoning to enable Cass County to issue an alcoholic beverage license to the petitioner, and the ability to sell food as permitted by the North Dakota Department of Health.
3. The Conditional Use Permit shall run with the property.
4. Land uses allowed per this Conditional Use Permit are for winery and event center operations only. Retail sales and services as it relates to the winery operations are permitted.
5. All structures must comply with current building code.
Second by Member Scherling. On call of the roll Members Scherling, Gunkelman, Magelky, Brust, Schneider, and Ulferts Stewart voted aye. Absent and not voting: Members Fischer, Sobolik, Steffes, and Stofferahn. The motion was declared carried.
Item 5: Fox First Addition
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): CONTINUED TO JULY 6, 2017
Donald Kress stated the applicant has requested this item be continued to the July 6, 2017 Planning Commission Meeting.
Member Brust moved to continue this item to the July 6, 2017 Planning Commission Meeting. Second by Member Scherling. On call of the roll Members Scherling, Schneider, Magelky, Gunkelman, Brust, and Ulferts Stewart voted aye. Absent and not voting: Members Fischer, Sobolik, Steffes, and Stofferahn. The motion was declared carried.
Item 6: Urban Plains Retail Addition
Hearing on an application requesting a Conditional Use Permit to allow off-premise advertising on Lot 4, Block 1, Urban Plains Retail Addition. (Located at 4525 32nd Avenue South) (Scheels Arena): APPROVED WITH CONDITIONS
Member Brust declared a conflict of interest on this item and was excused from voting.
Assistant Planner Kylie Murphy presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Marc Fossaa, DXD Creative, spoke on behalf of the application.
Member Gunkelman moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow off-premise advertising 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 condition:
1. The off-premise advertising sign and building permit request will be in keeping with the attached rendering.
Second by Member Magelky. On call of the roll Members Gunkelman, Scherling, and Schneider voted aye. Members Magelky, and Ulferts Stewart voted nay. Member Brust abstained from voting. Absent and not voting: Members Fischer, Sobolik, Steffes, and Stofferahn. The motion was declared carried.
Item 7: Schatz 4th Addition
Hearing on an application requesting a Zoning Change from MR-3, Multi-Dwelling Residential to LC, Limited Commercial on Lot 2, Block 1, and a request to repeal and reestablish a C-O, Conditional Overlay, on Lots 1-4, Block 1, Schatz 4th Addition. (Located at 5600 and 5650 34th Avenue South, 3501 56th Street South, and 5621, 5631, and 5651 36th Avenue South) (Eagle Ridge Development): APPROVED
Kylie Murphy presented the staff report. She noted an updated copy of the applicant’s proposed changes to the Conditional Overlay have been submitted to the Board.
Ms. Murphy stated all approval criteria have been met and staff is recommending approval.
Applicant Jon Youness, Eagle Ridge Development, 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 from MR-3, Multi-Dwelling Residential to LC, Limited Commercial on Lot 2, Block 1, and repeal and reestablish a C-O, Conditional Overlay on Lots 1-4, Block 1, 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 Gunkelman. On call of the roll Members Magelky, Brust, Schneider, Scherling, and Ulferts Stewart voted aye. Absent and not voting: Members Fischer, Sobolik, Steffes, and Stofferahn. The motion was declared carried.
Item 8: Prairie Farms Commercial Second Addition
Hearing on an application requesting a Plat of Prairie Farms Commercial Second Addition (Minor Subdivision), a replat of Lots 1 and 2, Block 1, Prairie Farms Commercial Addition to the City of Fargo, Cass County, North Dakota. (Located at 2900 52nd Avenue South and 5200 31st Street South) (Bartholomay Construction, Inc.): APPROVED
Assistant Planner Barrett Voigt presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Schneider moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed subdivision plat, Prairie Farms Commercial 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 Scherling. On call of the roll Members Brust, Gunkelman, Magelky, Scherling, Schneider, and Ulferts Stewart voted aye. Absent and not voting: Members Fischer, Sobolik, Steffes, and Stofferahn. The motion was declared carried.
Item 9: Brandt Crossing Twelfth Addition
Hearing on an application requesting a Plat of Brandt Crossing Twelfth Addition (Minor Subdivision), a replat of Lot 1, Block 1, Brandt Crossing Eleventh Addition to the City of Fargo, Cass County, North Dakota. (Located at 3270 51st Street South) (PACES Lodging): APPROVED
Barrett Voigt 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, Brandt Crossing Twelfth 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 Schneider. On call of the roll Members Magelky, Gunkelman, Brust, Scherling, Schneider, and Ulferts Stewart voted aye. Absent and not voting: Members Fischer, Sobolik, Steffes, and Stofferahn. The motion was declared carried.
Item 10: Pantzke Addition
10a. Hearing on an application requesting a zoning change from LI, Limited Industrial to LI, Limited Industrial with a PUD, Planned Unit Development Overlay on Lot 1, Block 1, Pantzke Addition. (Located at 402 25th Street North) (Gast Construction Co., Inc.): APPROVED
10b. Hearing on an application requesting a Planned Unit Development Master Land Use Plan for Lot 1, Block 1, Pantzke Addition. (Located at 402 25th Street North) (Gast Construction Co., Inc.): APPROVED
Member Brust declared a conflict of interest on this item and was excused from voting.
Barret Voigt presented the staff report noting an additional document staff received from the applicant, was submitted to the Board. Mr. Voigt stated all approval criteria have been met and staff is recommending approval.
Applicant Bruce Pantzke 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 1) Zoning Change from LI, Limited Industrial to LI, Limited Industrial with a PUD, Planned Unit Development Overlay and 2) PUD Master Land Use Plan as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Standards of Article 20-06, 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 Scherling. On call of the roll Members Scherling, Schneider, Gunkelman, Magelky, and Ulferts Stewart voted aye. Member Brust abstained from voting. Absent and not voting: Members Fischer, Sobolik, Steffes, and Stofferahn. The motion was declared carried.
Item 11: Morton & Doty’s Addition
11a. Hearing on an application requesting a zoning change from LC, Limited Commercial to LC, Limited Commercial with a PUD, Planned Unit Development Overlay, on Part of Lots 11-13, Block 1, Morton & Doty’s Addition. (Located at 1345 University Drive South) (Lowry Engineering): APPROVED
11b. Hearing on an application requesting a Planned Unit Development Master Land Use Plan for Part of Lots 11-13, Block 1, Morton & Doty’s Addition. (Located at 1345 University Drive South) (Lowry Engineering): 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 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 as outlined within the staff report, 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 Scherling. On call of the roll Members Brust, Schneider, Scherling, Magelky, Gunkelman, and Ulferts Stewart voted aye. Absent and not voting: Members Fischer, Sobolik, Steffes, and Stofferahn. The motion was declared carried.
Item 12: Urban Plains by Brandt 1st Addition
Hearing on an application requesting a Zoning Change to repeal and reestablish a C-O, Conditional Overlay, on Lot 1, Block 4, Lots 2-4, Block 5, and Lots 3-4, Block 8, Urban Plains by Brandt 1st Addition; Lots 2-3, Block 1, Lot 2, Block 2, Lot 1, Block 3, Lots 2-3, Block 5, and part of Lot 1, Block 5, Urban Plains by Brandt 2nd Addition; Lots 5-6, Block 1, Urban Plains Medical Park Addition; Lots 7-10 Block 1, Urban Plains Retail Addition; Lots 1-3, Block 3 and Lot 1, Block 4, Urban Plains Center Addition; Parts of Lots 3-4, Block 1, Urban Plains Northeast Retail Addition; and Lots 2-3, Block 1, Urban Plains Northeast Retail 2nd Addition. (Located at 4680, 5100, and 5101 28th Avenue South; 4651 and 4845 30th Avenue South; 5298 31st Avenue South; 4543 and 4737 32nd Avenue South; 2911 45th Street South; 2640, 2660, 2720, 2740, 2760, and 2780 47th Street South; 3180 49th Street South; 3023, 3057, 3079, and 2701 51st Street South; 2633 and 2867 55th Street South; 2907, 2915, 2949, 2975, 3037, and 3151 Seter Parkway South; 3050 and 3155 Brandt Drive South; and 4574 Urban Plains Drive South.) (Houston Engineering, Inc.): APPROVED
Member Brust declared a conflict of interest on this item and was excused from voting.
Aaron Nelson presented the staff report and a brief history of the property. Mr. Nelson stated all approval criteria have been met and staff is recommending approval.
Applicant Brian Pattengale, Houston Engineering, Inc. 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 from GC, General Commercial, LC, Limited Commercial, MR-3, Multi-Dwelling Residential, and P/I, Public and Institutional with a C-O, Conditional Overlay; to GC, General Commercial, LC, Limited Commercial, MR-3, Multi-Dwelling Residential, P/I, Public and Institutional with a modified 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 Gunkelman. On call of the roll Members Gunkelman, Magelky, Scherling, and Ulferts Stewart voted aye. Member Schneider voted nay. Member Brust abstained from voting. Absent and not voting: Members Fischer, Sobolik, Steffes, and Stofferahn. The motion was declared carried.
Item E: Other Items:
Item 1: Review of an application requesting a Planned Unit Development (PUD) Final Plan for NDSU Foundation Addition. (Located at the 1600 Block of University Drive North between 12th Street North and University Drive North) (PROffutt LP/Casey Jackson): APPROVED
Aaron Nelson presented the staff report. He briefly explained the three components PUD Final Plan, and the stated all criteria have been met and staff is recommending approval.
Member Magelky moved the findings and recommendations of staff be accepted and the Planned Unit Development Final Plan be approved, as the proposal complies with Section 20-0908.D of the Land Development Code. Second by Member Gunkelman. On call of the roll Members Scherling, Brust, Schneider, Magelky, Gunkelman, and Ulferts Stewart voted aye. Absent and not voting: Members Fischer, Sobolik, Steffes, and Stofferahn. The motion was declared carried.
Item 2: Review of an application requesting a Planned Unit Development (PUD) Final Plan for Mid America Steel Addition (Located at 5617 19th Avenue North) (Wild/CRG architects): APPROVED
Donald Kress presented the staff report stating all 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 the proposal complies with the PUD, Planned Unit Development Master Land use Plan, Section 20-0908.D of the Land Development Code, and all other requirements of the Land Development Code. Second by Member Magelky. On call of the roll Members Magelky, Gunkelman, Scherling, Brust, Schneider, and Ulferts Stewart voted aye. Absent and not voting: Members Fischer, Sobolik, Steffes, and Stofferahn. The motion was declared carried.
Item 3: Review of applications for amendments to two tax increment financing (TIF) districts:
a. Great Northern TIF Plan: APPROVED
Planning Director Jim Gilmour briefly explained the background of the property and still is consistent with the GO2030 Fargo Comprehensive Plan. Mr. Gilmour stated staff is recommending approval to present these amendments before the City Commission.
Member Schneider moved that approval be recommended to the City Commission to approve the Renewal Plan Amendment for the Great Northern TIF Plan, that it is consistent with the GO2030 Fargo Comprehensive Plan. Second by Member Gunkelman. On call of the roll Members Gunkelman, Magelky, Brust, Schneider, Scherling, and Ulferts Stewart voted aye. Absent and not voting: Members Fischer, Sobolik, Steffes, and Stofferahn. The motion was declared carried.
b. C-1 TIF Plan: APPROVED
Planning Director Jim Gilmour reported upon an assessment of the facility, there is a need for repair work on the Island Park Ramp. Mr. Gilmour stated staff has identified these repairs as appropriate use of a portion of the remaining TIF balance, and is recommending approval from the Board to present these amendments before the City Commission.
Member Scherling moved that approval be recommended to the City Commission to approve the Renewal Plan Amendment for the C-1 TIF Plan, that it is consistent with the GO2030 Fargo Comprehensive Plan. Second by Member Schneider. On call of the roll Members Magelky, Gunkelman, Burst, Schneider, Scherling, and Ulferts Stewart voted aye. Absent and not voting: Members Fischer, Sobolik, Steffes, and Stofferahn. The motion was declared carried.
Item 4: Announce the day and date of the July Planning Commission meeting – Thursday, July 6, 2017
Chair Ulferts Stewart noted the July meeting will be held on Thursday instead of Tuesday, due to the 4th of July holiday.
Item 5: Nominating Committee
Chair Ulferts Stewart called on Member Schneider to present the Nominating Committee report on behalf of the Committee Chair Member Stofferahn.
Member Schneider stated the Committee has nominated Shara Fischer for Planning Commission Chair, and John Gunkelman as the Vice Chair.
The time at adjournment was 4:21 p.m.