Planning Commission - October 3, 2017 Minutes
Regular Meeting: Tuesday, October 3, 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, October 3, 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
Chair Fischer called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Member Brust 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 September 5, 2017
Member Morgan noted a correction to the minutes for Item No. 6 to reflect Member Sobolik voted nay. Member Stofferahn moved the minutes of the September 5, 2017 Planning Commission meeting be approved as amended. Second by Member Steffes. All Members present voted aye and the motion was declared carried.
Item C: Wednesday, October 18, 2017 Brown Bag Luncheon
Topic: Case Status Reports
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): CONTINUED TO NOVEMBER 7, 2017
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): CONTINUED TO NOVEMBER 7, 2017
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 this date and time; however, the applicant has requested this item be continued to November 7, 2017.
Member Steffes moved this item be continued to the November 7, 2017 Planning Commission Meeting. Second by Member Magelky. All Members present voted aye and the motion was declared carried.
Item 2: NSC Addition
2a. Hearing on an application requesting a Growth Plan Amendment within a portion of the boundaries of the proposed NSC Addition. (Located at 6101 45th Street North) (City of Fargo/Fargo Park District): CONTINUED TO DECEMBER 5, 2017
2b. Hearing on an application requesting a Zoning Change from AG, Agricultural to P/I, Public and Institutional within a portion of the boundaries of the proposed NSC Addition. (Located at 6101 45th Street North) (City of Fargo/Fargo Park District): CONTINUED TO DECEMBER 5, 2017
2c. Hearing on an application requesting an Institutional Master Plan within a portion of the boundaries of the proposed NSC Addition. (Located at 6101 45th Street North) (City of Fargo/Fargo Park District): CONTINUED TO DECEMBER 5, 2017
2d. Hearing on an application requesting a Plat of NSC Addition (Major Subdivision) on an unplatted portion of land in the Northwest Quarter and the Northwest Quarter of the Southwest Quarter of Section 10, Township 140 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota. (Located at 5703 and 6101 45th Street North) (City of Fargo/Fargo Park District): CONTINUED TO DECEMBER 5, 2017
A Hearing had been set for August 1, 2017. At the August 1, 2017 meeting, the Hearing was continued to September 5, 2017. At the September 5, 2017 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to December 5, 2017.
Member Brust moved this item be continued to December 5, 2017 Planning Commission Meeting. Second by Member Steffes. All Members present voted aye and the motion was declared carried.
Item 3: Diamond Willow Addition
3a. 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): CONTINUED TO NOVEMBER 7, 2017
3b. 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): CONTINUED TO NOVEMBER 7, 2017
3c. 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): CONTINUED TO NOVEMBER 7, 2017
A Hearing had been set for September 5, 2017. At the September 5, 2017 meeting, the Hearing was continued to this date and time; however, the applicant has requested the application be continued to November 7, 2017.
Applicant Nate Anderson presented an update on the changes to the project.
Member Magelky moved this item be continued to the November 7, 2017 Planning Commission meeting. Second by Member Morgan. All Members present voted aye and the motion was declared carried.
Item 4: Urban Plains by Brandt Third Addition
4a. Hearing on an application requesting a Plat of Urban Plains by Brandt Third Addition (Major Subdivision) a replat of Lot 1, Block 4, Urban Plains by Brandt First Addition, and Lot 1, Block 3, Urban Plains by Brandt Second Addition to the City of Fargo, Cass County, North Dakota. (Located at 2633 and 2867 55th Street South) (Houston Engineering, Inc.): APPROVED
4b. Hearing on an application requesting a Conditional Use Permit for household living in the LC, Limited Commercial Zoning District, 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 NOVEMBER 7, 2017
Member Brust declared a conflict of interest on this item and was excused from voting.
Planner Aaron Nelson presented the staff report noting Item 4b. requesting a Conditional Use Permit, has been continued to the November 7, 2017 Planning Commission meeting. Mr. Nelson stated all approval criteria for the submitted plat have been met and staff is recommending approval.
Brian Pattengale, Houston Engineering, spoke on behalf of the project.
Member Schneider moved the findings and recommendations of staff be accepted and approval be recommended to the City of Commission of the proposed Urban Plains by Brandt Third Addition subdivision plat as presented; as the proposal complies with the GO2030 Fargo Comprehensive Plan, Standards of Article 20-06 of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Gunkelman. On call of the roll Members Gunkelman, Stofferahn, Steffes, Magelky, Morgan, Schneider, and Fischer voted aye. Member Brust abstained from voting. Absent and not voting: Members Scherling and Sobolik. The motion was declared carried.
Item 5: Rocking Horse Farm 2nd Addition
Hearing on an application requesting a Sidewalk Waiver on Lots 1-5, Block 7, Rocking Horse Farm 2nd Addition. (Located at 4824, 4838, 4852, 4876, and 4894 Rocking Horse Circle South) (Mike Love/Houston Engineering, Inc.): APPROVED
Member Brust declared a conflict of interest on this item and was excused from voting.
Planner Maegin Elshaug presented the staff report for the Sidewalk Waiver. Ms. Elshaug reviewed the requirements for sidewalks and stated based on guidelines set forth within the Land Development Code and policy within the Comprehensive Plan, staff is not in support of the application and is recommending denial.
Applicant Representative Mike Love, Houston Engineering, spoke on behalf of the application.
Ken Promersberger, developer and owner of Rocking Horse Farms LLC, spoke in support of the proposed waiver.
Jeremy Gordon, Traffic Engineer, spoke on behalf of the Engineering Department in opposition to the application.
Nicole Crutchfield, Planning Administrator, spoke on the infrastructure of pedestrian activity.
Ben Dow, Director of Public Works, spoke on behalf of the Public Works Department, noting concern with the application.
Board Discussion ensued regarding the intent of the office park, design of the proposed alternate sidewalk plan, and the purpose of sidewalk networks and infrastructure.
Member Gunkelman moved the findings and recommendations of staff be denied, and approval be recommended to the City Commission of the Sidewalk Waiver on the basis that the proposal is consistent with the GO2030 Fargo Comprehensive Plan and meets the requirements set forth within Section 20-0609.A (1-7) of the Land Development Code. Second by Member Schneider. On call of the roll Members Stofferahn, Steffes, Magelky, and Gunkelman voted aye. Members Morgan, Schneider, and Fischer voted nay. Member Brust abstained from voting. Absent and not voting: Members Scherling and Sobolik. The motion was declared carried.
At 4:04 p.m., the Board took a five-minute recess.
After recess: All Members present except Scherling and Sobolik. Chair Fischer presiding.
Item 6: Timber Parkway Second Addition
6a. Hearing on an application requesting a Zoning Change to repeal and reestablish a C-O, Conditional Overlay, within the boundaries of the Timber Parkway Second Addition. (Located at 4801 and 4951 Timber Parkway South) (Nate Vollmuth/Paces Lodging): APPROVED
6b. Hearing on an application requesting a Plat of Timber Parkway Second Addition (Minor Subdivision) a replat of Lots 1 and 7, Block 1, Timber Parkway First Addition to the City of Fargo, Cass County, North Dakota. (Located at 4801 and 4951 Timber Parkway South) (Nate Vollmuth/Paces Lodging): APPROVED
Ms. Elshaug presented the staff report noting that an updated plat had been submitted to the board, and stated all approval criteria have been met and staff is recommending approval.
Applicant Nate Vollmuth, PACES Lodging, 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) repeal and reestablish a C-O, Conditional Overlay and 2) subdivision plat, Timber Parkway Second Addition as outlined in the staff report, on the basis that it satisfactorily complies with the GO2030 Fargo Comprehensive Plan, Standards of 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 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: Brandt Crossing Thirteenth Addition
Hearing on an application requesting a Plat of Brandt Crossing Thirteenth Addition (Minor Subdivision) a replat of Lot 1, Block 1, Brandt Crossing Twelfth Addition, to the City of Fargo, Cass County, North Dakota. (Located at 3252 51st 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 Brust moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed subdivision plat, Brandt Crossing Thirteenth Addition as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, Standards of 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 Gunkelman, Morgan, Steffes, Brust, Stofferahn, Schneider, and Fischer voted aye. Absent and not voting: Members Scherling and Sobolik. The motion was declared carried.
Item 8: The District of Fargo Third Addition
Hearing on an application requesting a Plat of The District of Fargo Third Addition (Minor Subdivision) a replat of Lot 1, Block 6, The District of Fargo Addition, to the City of Fargo, Cass County, North Dakota, to include a Sidewalk Waiver on Lots 1-3, Block 1 of the proposed plat. (Located at 3751 53rd Avenue South) (Jeremy Easum/Roers Development): APPROVED
Senior Planner Donald Kress 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) The District of Fargo Third Addition subdivision plat; and 2) Sidewalk Waiver, 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 Gunkelman. 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 9: Maple Valley Third Addition
Hearing on an application requesting a Plat of Maple Valley Third Addition (Minor Subdivision) a replat of Lots 19-27 and 29-31, Block 1, Maple Valley Second Addition, to the City of Fargo, Cass County, North Dakota. (Located at 3325-3349 Maple Leaf Loop South) (John Holland/Wildstone Development): APPROVED
Mr. Kress 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 Maple Valley Third Addition subdivision plat as presented; as the proposal complies with the 2007 Growth Plan, 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 Morgan, Magelky, Steffes, Gunkelman, Brust, Schneider, Stofferahn, and Fischer voted aye. Absent and not voting: Members Scherling and Sobolik. The motion was declared carried.
Item E: Other Items:
Item 1: Presentation on the Downtown Master Plan
Scott Page and Kevin Hively, of the Interface Studio team, presented an overview of the proposed Downtown Master Plan.
The time at adjournment was 5:03 p.m.