Planning Commission - May 2, 2017 Minutes
Regular Meeting: Tuesday: Tuesday, May 2, 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, May 2, 2017.
The Planning Commissioners present or absent were as follows:
Present: Mara Brust, Shara Fischer, John Gunkelman, Mike Magelky, Mary Scherling, Melissa Sobolik, Kelly Steffes, Scott Stofferahn, Jan Ulferts Stewart
Absent: Rocky Schneider
Chair Ulferts Stewart called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Member Gunkelman moved the Order of Agenda be approved as presented. Second by Member Sobolik . All Members present voted aye and the motion was declared carried.
Member Steffes Present
Item B: Minutes: Regular Meeting of April 4, 2017
Member Scherling moved the minutes of the April 4, 2017 Planning Commission meeting be approved. Second by Member Stofferahn. All Members present voted aye and the motion was declared carried.
Item C: Wednesday May 17, 2017 Brown Bag Luncheon
Topic: Downtown Master Plan Discussion – continued from the April 19th Brown Bag Luncheon
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 JUNE 6, 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 this date and time; however, the applicant has requested this item be continued to June 6, 2017.
Member Steffes moved this item be continued to the June 6, 2017 Planning Commission Meeting. Second by Member Fischer. On call of the roll all Members present voted aye. The motion was declared carried.
Item 2: Southwest Fargo Mission Addition
Hearing on an application requesting a Conditional Use Permit to allow a Telecommunication Support Structure (TSS) within a P/I, Public and Institutional zoning district on Lot 2, Block 1, Southwest Fargo Mission Addition. (Located at 4451 40th Avenue South) (Verizon Wireless/Rob Viera): APPROVED
Member Brust declared a conflict of interest on this item and was excused from voting.
Assistant Planner Barrett Voigt presented the staff report and noted staff received one letter in opposition that was included in the packet. Mr. Voigt stated all approval criteria have been met and staff is recommending approval.
Applicant Rob Viera, Buell Consulting, spoke on behalf of the application.
Member Sobolik moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow a Telecommunication Support Structure (TSS) within a P/I, Public and Institutional zoning district be approved, as the proposal complies with Section 20-0909.D (1-6) and all other requirements of the Land Development Code. Second by Member Fischer. On call of the roll Members Magelky, Scherling, Steffes, Stofferahn, Fischer, Sobolik, Gunkelman, and Ulferts Stewart voted aye. Member Brust abstained from voting. Absent and not voting: Member Schneider. The motion was declared carried.
Item 3: West Acres Business Park Fourth Addition
Hearing on an application requesting a Conditional Use Permit to allow a Telecommunication Support Structure (TSS) within a P/I, Public and Institutional zoning district on Lot 3, Block 1, West Acres Business Park Fourth Addition. (Located at 4243 19th Avenue South) (Verizon Wireless/Rob Viera): APPROVED
Member Brust declared a conflict of interest on this item and was excused from voting.
Barrett Voigt presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Rob Viera, Buell Consulting, spoke on behalf of the application.
Member Gunkelman moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow a Telecommunication Support Structure (TSS) within a P/I, Public and Institutional zoning district be approved, as the proposal complies with Section 20-0909.D (1-6) and all other requirements of the Land Development Code. Second by Member Scherling. On call of the roll Members Stofferahn, Scherling, Sobolik, Steffes, Magelky, Gunkelman, Fischer, and Ulferts Stewart voted aye. Member Brust abstained from voting. Absent and not voting: Member Schneider. The motion was declared carried.
Item 4: Valley View Seventh Addition
Hearing on an application requesting a Plat of Valley View Seventh Addition (Minor Plat), a replat of Lot 2, Block 5, Valley View Fourth Addition to the City of Fargo, Cass County, North Dakota. (Located at 36th Avenue South and Veterans Boulevard) (Brian Kounovsky): APPROVED
Senior Planner 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 Valley View Seventh Addition as presented, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Standards of Article 20-06, and Section 20-0907 of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Steffes. On call of the roll Members Scherling, Gunkelman, Sobolik, Stofferahn, Steffes, Magelky, Brust, Fischer, and Ulferts Stewart voted aye. Absent and not voting: Member Schneider. The motion was declared carried.
Item 5: Osgood Townsite Fifteenth Addition
Hearing on an application requesting a Plat of Osgood Townsite Fifteenth Addition (Minor Plat), a replat of Lots 1 and 3, Block 1, Osgood Townsite Fourteenth Addition to the City of Fargo, Cass County, North Dakota. (Located at 4550 49th Ave S and 5050 17th St S) (Nate Vollmuth/Ulteig): APPROVED
Assistant Planner Kylie Murphy 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 Osgood Townsite Fifteenth Addition as presented, 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 Stofferahn. On call of the roll Members Stofferahn, Scherling, Sobolik, Fischer, Steffes, Magelky, Gunkelman, Brust, and Ulferts Stewart voted aye. Absent and not voting: Member Schneider. The motion was declared carried.
Item 6: BNG Addition
Hearing on an application requesting a Plat of BNG Addition (Minor Plat), a replat of Lot 2, Block 1, Brandt Crossing Eighth Addition to the City of Fargo, Cass County, North Dakota. (Located at 4801 33 Ave S) (Nate Vollmuth/Ulteig): APPROVED
Kylie Murphy presented the staff report stating 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 subdivision plat BNG Addition as presented, 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 Fischer. On call of the roll Members Steffes, Sobolik, Magelky, Gunkelman, Scherling, Fischer, Brust, Stofferahn, and Ulferts Stewart voted aye. Absent and not voting: Member Schneider. The motion was declared carried.
Item 7: Edition Second Addition
7a. Hearing on an application requesting a Conditional Use Permit to allow for an Alternate Access Plan in an MR-3, Multi-Dwelling Residential zoning district on Lot 1, Block 1, Edition Second Addition. (Located at 5035 38th Street South) (Enclave/Houston): APPROVED WITH CONDITIONS
7b. Hearing on an application requesting a Plat of Edition Second Addition (Minor Subdivision), a replat of Lot 1, Block 1, Edition Addition, to the City of Fargo, Cass County, North Dakota. (Located at 5035 38th Street South) (Enclave/Houston): APPROVED
Member Brust declared a conflict of interest on this item and was excused from voting.
Kylie Murphy presented the staff report stating all approval criteria have been met and staff is recommending approval with conditions.
Member Stofferahn moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Subdivision plat Edition Second Addition as presented, 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; and 2) the Conditional Use Permit to allow for an Alternative Access Plan for a Parking Reduction as outlined in the staff report be approved, as the proposal complies with the Section 20-0909.D (1-6) and all other requirements of the Land Development Code, with the following conditions:
1. 50 off-street parking spaces are required on-site.
2. The Conditional Use Permit will cease if the land use changes from an assisted living/senior living residence.
3. Any expansion of the square footage of the group living use will require an amendment to the Conditional Use Permit with the review and approval by the Planning Commission.
Second by Member Sobolik. On call of the roll Members Gunkelman, Sobolik, Fischer, Steffes, Magelky, Stofferahn, Scherling, and Ulferts Stewart voted aye. Member Brust abstained from voting. Absent and not voting: Member Schneider. The motion was declared carried.
Item 8: Lime Addition
Hearing on an application requesting a Plat of Lime Addition (Minor Subdivision), a replat of Lot 3 through 6, Block 29, Roberts Second Addition and Lots A, B, and C, Block 29, Douglas Subdivision, to the City of Fargo, Cass County, North Dakota. (Located at 303 11th Street North and 1014 4th Avenue North) (Enclave/Houston): APPROVED
Member Brust declared a conflict of interest on this item and was excused from voting.
Barrett Voigt presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion began regarding the reasons for presenting this request with construction nearly completed, and the exemption of the City’s existing storm water policy in the DMU zoning district.
Applicant Brian Pattengale from Houston Engineering, Inc. spoke on behalf of the application.
Member Gunkelman moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed subdivision plat Lime Addition as presented, 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 Fischer, Gunkelman, Magelky, Scherling, Sobolik, Steffes, Stofferahn, and Ulferts Stewart voted aye. Member Brust abstained from voting. Absent and not voting: Member Schneider. The motion was declared carried.
Item E: Other Items:
Item 1: Chair Ulferts Stewart announced a public meeting will be held on at the Fargo Theater on May 23, 2017 beginning at 5:30 p.m., to discuss the Downtown Master Plan.
The time at adjournment was 3:25 p.m.