Planning Commission - November 7, 2017 Minutes
Regular Meeting: Tuesday, November 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, November 7, 2017.
The Planning Commissioners present or absent were as follows:
Present: Shara Fischer, John Gunkelman, Mike Magelky, Dawn Morgan, Mary Scherling, Rocky Schneider, Melissa Sobolik, Kelly Steffes, Scott Stofferahn
Chair Fischer called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Chair Fischer noted the following Agenda items:
- Item 3 has been Withdrawn.
- Items 4, 8, and 11 are continued to the December 5, 2017 Planning Commission Meeting.
Member Steffes moved the Order of Agenda be approved as presented. Second by Member Morgan. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of October 3, 2017
Member Stofferahn moved the minutes of the October 3, 2017 Planning Commission meeting be approved. Second by Member Gunkelman. All Members present voted aye and the motion was declared carried.
Member Schneider present.
Item C: November 15, 2017 Brown Bag Luncheon
Topic: Neighborhood Planning Items
Item D: Public Hearing Items:
Item 1: Grayland First Addition
1a. Continued 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): APPROVED
1b. Continued 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): APPROVED
A Hearing had been set for July 6, 2017. At the July 6, 2017 meeting, the Hearing was continued to August 1, 2017. At the August 1, 2017 meeting, the Hearing was continued 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.
Member Magelky declared a conflict of interest on this item and was excused from voting.
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: 1) Zoning Change from AG, Agricultural to SR-2, Single-Dwelling Residential, SR-3, Single-Dwelling Residential and P/I, Public and Institutional on the annexed part of Section 5, Township 138 North, Range 49 West and 2) Grayland First Addition 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 Sobolik, Scherling, Morgan, Stofferahn, Steffes, Schneider, Gunkelman, Fischer voted aye. Member Magelky abstained from voting. The motion was declared carried.
Item 2: Diamond Willow Addition
2a. Hearing on an application requesting a Zoning Change from MR-3, Multi- Dwelling Residential to MR-3, Multi-Dwelling Residential with a PUD, Planned Unit Development Overlay within the boundaries of the proposed Diamond Willow Addition. (Located at 622 and 624 10th Avenue North) (Nate Anderson): APPROVED
2b. Hearing on an application requesting a PUD, Planned Unit Development Master Land Use Plan within the boundaries of the proposed Diamond Willow Addition. (Located at 622 and 624 10th Avenue North) (Nate Anderson): APPROVED WITH CONDITION
2c. Hearing on an application requesting a Plat of Diamond Willow Addition (Minor Subdivision) a replat of Lots 15 and 16, Block 15, Douglas Addition, to the City of Fargo, Cass County, North Dakota. (Located at 622 and 624 10th Avenue North) (Nate Anderson): APPROVED
A Hearing had been set for 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.
Mr. Kress presented the staff report noting an additional document he has submitted to the Board of an email from an area property owner and concerns from the Fargo Neighborhood Coalition and Roosevelt Neighborhood Association. Mr. Kress stated all approved criteria have been met and staff is recommending approval.
Discussion was held on the requirements of driveway length, parking concerns and requirements, access locations, the intent to have the properties for sale to private owners versus rental, the look of the buildings, and on the changes the applicant has made on the application.
Applicant Nathan Anderson spoke on behalf of the application.
Division Engineer, Brenda Derrig, spoke on behalf of the Engineering Department addressing utilities access easements.
The following area property owner spoke in opposition of the proposal sharing the following concerns: lack of depth of the driveways, concern over boulevard trees and reduced setbacks, and the walkability of the neighborhood.
Jim Laschkewitcsh, 1016 College Street, on behalf of the Roosevelt Neighborhood Association
Member Morgan moved this item be continued to a later Planning Commission date to allow the applicant to further address concerns of the area residents.
The motion failed for a lack of a second.
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 MR-3, Multi-Dwelling Residential to MR-3, Multi-Dwelling Residential with a PUD, Planned Unit Development Overlay and 2) PUD, Planned Unit Development Master Land Use Plan, with an update to approve the access location on a street other than a collector, and 3) a plat of Diamond Willow Addition, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Roosevelt-NDSU Neighborhood 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 Steffes. On call of the roll Members Magelky, Schneider, Scherling, Steffes, Stofferahn, Sobolik, and Gunkelman voted aye. Members Morgan and Fischer voted nay. The motion was declared carried.
Item 3: 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): WITHDRAWN – Re-advertised and approved at the September 5, 2017 Planning Commission Meeting
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 June 6, 2017. At the June 6, 2017 meeting the Hearing was continued to August 1, 2017. At the August 1, 2017 meeting the Hearing was continued to November 7, 2017; however, the applicant requested that the item be heard September 5, 2017, and the application was re-advertised and approved by the Planning Commission at that time.
Item 4: Urban Plains by Brandt Third Addition
Continued Hearing on an application requesting a Conditional Use Permit for household living in the LC, Limited Commercial Zone, on the proposed Lot 5, Block 1, Urban Plains by Brandt Third Addition. (Located at 2633 and 2867 55th Street South) (Houston Engineering, Inc.): CONTINUED TO DECEMBER 5, 2017
A Hearing had been set for October 3, 2017. At the October 3, 2017 meeting, the Hearing was continued to this date and time; however, the applicant has requested the application be continued to December 5, 2017.
Item 5: The District of Fargo Third Addition
Hearing on an application requesting a Zoning Change to repeal and reestablish a C-O, Conditional Overlay, within the boundaries of The District of Fargo Third Addition. (Located at 3751 53rd Avenue South) (Batis Development/Roers): APPROVED
Planning Administrator Nicole Crutchfield presented a brief background on the project and the Conditional Overlay history.
Mr. 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 Zoning Change to repeal and re-establish a C-O, Conditional Overlay on Lots 1 through 3, Block 1, The District of Fargo Third Addition as presented, as the proposal complies with the Land Development Code Section 20-0906.F (1-4) and all other applicable requirements of the Land Development Code. Second by Member Steffes. On call of the roll Members Stofferahn, Scherling, Sobolik, Morgan, Steffes, Schneider, Magelky, Gunkelman, and Fischer voted aye. The motion was declared carried.
Item 6: Text Amendment
Hearing on an application requesting an LDC Text Amendment to amend Section 20-0402.R.1.b of the Fargo Municipal Code (Land Development Code) relating to the screening of outdoor storage areas. (Precision Lawn Care & Landscaping/Roers): APPROVED
Planner Maegin Elshaug 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 text amendment to amend Section 20-0402.R.1.b of Article 20-04 of Chapter 20 of the Fargo Municipal Code (Land Development Code), as the proposal meets the approval criteria of Subsection 20-0904(E)(1-4) of the Land Development Code. Second by Member Gunkelman. On call of the roll Members Steffes, Sobolik, Magelky, Gunkelman, Scherling, Morgan, Stofferahn, Schneider, and Fischer voted aye. The motion was declared carried.
At 4:02 p.m., the Board took a five-minute recess.
After recess: All Members present. Chair Fischer presiding.
Item 7: Ekman Dakota View Second Addition
Hearing on an application requesting a Plat of Ekman Dakota View Second Addition (Minor Subdivision) a replat of part of Lot 2 and all of Lot 3, Block 1, Ekman Addition, and Lot 1, Block 1, Ekman Dakota View Addition, to the City of Fargo, Cass County, North Dakota. (Located at 4108 and 4162 17th Ave South and 1728 42nd Street South) (Blazing Wings Properties/Daryl Bachmeier): 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, Ekman Dakota View Second Addition as outlined within the staff report, as the proposal complies with 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 Gunkelman, Sobolik, Morgan, Steffes, Magelky, Stofferahn, Schneider, Scherling, and Fischer voted aye. The motion was declared carried.
Item 8: Cityscapes Business Park Addition
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 to the 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 DECEMBER 5, 2017
A Hearing had been set for this date and time; however, the applicant has requested the application be continued to December 5, 2017.
Item 9: Vista Village Sixth Addition
Hearing on an application requesting a Plat of Vista Village Sixth Addition (Minor Subdivision) a replat of Lots 6-7, Block 4, Vista Village Addition, to the City of Fargo, Cass County, North Dakota. (Located at 4318 and 4324 37th Avenue South) (EVI Fargo LLC/Nick Stattelman): APPROVED
Member Schneider declared a conflict of interest on this item and was excused from voting.
Assistant Planner Barrett Voigt presented the staff report noting the history of the application, and stated 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, Vista Village Sixth 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 Sobolik. On call of the roll Members Morgan, Magelky, Steffes, Gunkelman, Sobolik, Scherling, Stofferahn, and Fischer voted aye. Member Schneider abstained from voting The motion was declared carried.
Item 10: Vista Village Seventh Addition
Hearing on an application requesting a Plat of Vista Village Seventh Addition (Minor Subdivision) a replat of Lots 8-9, Block 4, Vista Village Addition, to the City of Fargo, Cass County, North Dakota. (Located at 4304 and 4312 37th Avenue South) (EVI Fargo LLC/Nick Stattelman): APPROVED
Member Schneider declared a conflict of interest on this item and was excused from voting.
Mr. 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 subdivision plat, Vista Village Seventh Addition as outlined in 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 Magelky. On call of the roll Members Sobolik, Scherling, Morgan, Stofferahn, Steffes, Gunkelman, Magelky, and Fischer voted aye. Member Schneider abstained from voting. The motion was declared carried.
Item 11: Craigs Oak Grove Addition
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) (an): CONTINUED TO DECEMBER 5, 2017
A Hearing had been set for this date and time; however, the applicant has requested the application be continued to December 5, 2017.
Item E: Other Items:
Item 1: 2018 Planning Commission Meeting Calendar
Mr. Kress presented this calendar which was included in the packet.
Item 2: Roosevelt Neighborhood Communications
Ms. Crutchfield gave a brief update on the coordination between the Roosevelt Neighborhood Association and the City of Fargo Planning Department. She noted a handout presented to the Board, and stated that discussion will continue on this item at this month’s Brown Bag meeting.
The time at adjournment was 4:23 p.m.