Planning Commission - September 5, 2017 Minutes
Regular Meeting: Tuesday: September 5, 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, September 5, 2017.
The Planning Commissioners present or absent were as follows:
Present: Mara Brust, Shara Fischer, John Gunkelman, Mike Magelky, Dawn Morgan, Rocky Schneider, Melissa Sobolik, Kelly Steffes, Scott Stofferahn
Absent: Mary Scherling
Chair Fischer 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 Schneider. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of August 1, 2017
Member Brust moved the minutes of the August 1, 2017 Planning Commission meeting be approved. Second by Member Schneider . All Members present voted aye and the motion was declared carried.
Item C: Wednesday, September 20, 2017 Brown Bag Luncheon
Topic: Case Status Updates
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 OCTOBER 3, 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 OCTOBER 3, 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 to this date and time; however, the applicant has requested this item be continued to October 3, 2017.
Member Magelky moved this item be continued to the October 3, 2017 Planning Commission Meeting. Second by Member Schneider. 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 OCTOBER 3, 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 OCTOBER 3, 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 OCTOBER 3, 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 OCTOBER 3, 2017
A Hearing had been set for August 1, 2017. At the August 1, 2017 meeting the Hearing was continued to this date and time; however, the applicant has requested this item be continued to October 3, 2017.
Member Sobolik present.
Member Brust moved this item be continued to the October 3, 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 OCTOBER 3, 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 OCTOBER 3, 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 OCTOBER 3, 2017
Planning Administrator Nicole Crutchfield presented a brief background on the project, stating it includes a private drive. She recommended continuing this item to the October 3, 2017 Planning Commission meeting to allow for further discussion on the project.
Senior Planner Donald Kress presented the staff report and stated that the Roosevelt Neighborhood Association and the Neighborhood Coalition have met with the applicant regarding this project.
Discussion was held on the concerns of residents, brought forth from the Neighborhood Coalition and Roosevelt Neighborhood Association meetings.
Applicant Nathan Anderson spoke on behalf of the project.
Member Stofferahn present.
The following area property owners spoke in opposition of the proposal sharing the following concerns: lack of green space; project density; availability of off-street parking; reduced setback to surrounding properties; concern about property values and tax assessments; building height; and the ownership model of rental vs. ownership:
Nick Geray, 621 9th Avenue North
Jim Laschkewitsch, 1016 College Street, on behalf of the Roosevelt Neighborhood Association
Member Brust moved this item be continued to the October 3, 2017 Planning Commission Meeting. Second by Member Schneider. All Members present voted aye and the motion was declared carried.
Item 4: Tunheim Additon
4a. Hearing on an application requesting a Zoning Change from AG, Agricultural to LI, Limited Industrial within the boundaries of the proposed Tunheim Addition. (Located at 2778 40th Avenue North) (Nate Anderson/LJA): APPROVED
4b. Hearing on an application requesting a Plat of Tunheim Addition (Major Subdivision) of an unplatted portion of the Southeast Quarter of Section 14, Township 140 North, Range 49 West of the 5th Principal Meridian, City of Fargo, Cass County, North Dakota. (Located at 2778 40th Avenue North) (Nate Anderson/LJA): APPROVED
Mr. 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) Zoning Change from AG, Agricultural to LI, Limited Industrial and 2) Tunheim Addition subdivision 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 Gunkelman. On call of the roll Members Gunkelman, Sobolik, Stofferahn, Steffes, Magelky, Brust, Morgan, Schneider, and Fischer voted aye. Absent and not voting: Member Scherling. The motion was declared carried.
Item 5: Hinks Addition
Hearing on an application requesting a Conditional Use Permit for an Alternative Access Plan on Lot 1, Block 1, Hinks Addition. (Located at 4484 15th Avenue South) (Jim Bruget): APPROVED WITH CONDITIONS
Assistant Planner Barrett Voigt 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 the Conditional Use Permit to allow for an Alternative Access Plan 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 conditions:
1) 10 Parking spaces, unobstructed by the required drive thru stacking spaces, are required on site.
2) Any expansion of the square footage of the restaurant and/or retail use will require an amendment to the Conditional Use Permit with review and approval by the Planning Commission.
3) The Conditional Use Permit will cease if the land use changes from restaurant and/or retail.
4) A recorded access easement document is required for the properties of Lots 1-4, Block 1, Hinks Addition (4484 15th Avenue South, 1555 44th Street South, and 1600 45th Street South).
5) Pedestrian striping is required at pedestrian and vehicular mode conflicts across the driving lane between the properties of 4484 15th Avenue South and 4400 15th Avenue South.
Second by Member Brust. On call of the roll Members Stofferahn, Sobolik, Morgan, Steffes, Schneider, Magelky, Gunkelman, Brust, and Fischer voted aye. Absent and not voting: Member Scherling. The motion was declared carried.
Item 6: Reeves Addition
Hearing on an application requesting a Zoning Change from GC, General Commercial to DMU, Downtown Mixed-Use with a C-O, Conditional Overlay on portions of Lots 1-6, 7-9, and 19-24, Block 6, Reeves Addition. (Located at 502 North University Drive and 1321 5th Avenue North) (DFI AU LLC/Mike Zimney): APPROVED WITH CONDITIONS
Planner Derrick LaPoint presented the staff report adding that a conditional overlay has been added to the application in addition to what was advertised. He also noted a meeting of the Neighborhood Coalition was held on Tuesday, August 22, 2017 and that no concerns were brought forth. Mr. LaPoint stated all approval criteria have been met and staff is recommending approval.
Discussion was held on the proximity of the project to the railroad tracks and on the stormwater retention requirements.
Applicant Mike Zimney, Kilbourne Group, spoke on behalf of the application.
Ryan Erickson, Fire Department, stated that a project review was completed and recommendations had been made on the setbacks.
Division Engineer, Brenda Derrig shared information regarding the expansion of the DMU zoning within the City, and the existing storm water policy that is exempt in the DMU zoning districts. She stated staff is reevaluating this policy to address any future expansion of the DMU zoning and the impact to the City’s storm water requirements.
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 GC, General Commercial to DMU, Downtown Mixed-Use 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 with the following conditions:
1) Minimum setback on the east side of the property of 20 feet
a. The setback may be greater or less than 20 feet if a structural assessment is approved by the North Dakota Department of Transportation and City of Fargo.
b. The setback is intended to preserve the integrity of the existing retaining wall along the west side of University Drive.
2) With the existing storm water infrastructure and the transition from pervious to impervious, a building permit shall not be issued until the City of Fargo and the applicant have an approved agreement for a storm water management plan, which may require meeting the storm water requirements for GC, General Commercial.
Second by Member Brust. On call of the roll Members Steffes, Magelky, Gunkelman, Morgan, Brust, Stofferahn, Schneider, and Fischer voted aye. Member Sobolik voted nay. Absent and not voting: Member Scherling. The motion was declared carried.
Item 7: Roberts Addition
Hearing on an application requesting a Conditional Use Permit for an iconic sign on Lots 3-5, Block 2, Roberts Addition. (Located at 114 Broadway North) (DFI Black Building LLC/Mike Zimney): APPROVED
Member Magelky declared a conflict of interest on this item and was excused from voting.
Mr. LaPoint presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Mike Zimney, Kilbourne Group, spoke on behalf of the project.
Member Sobolik moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow for an iconic sign be approved, as the proposal complies with the Fargo Sign Code, Section 20-0909.D (1-6) and all other requirements of the Land Development Code. Second by Member Gunkelman. On call of the roll Members Gunkelman, Sobolik, Morgan, Steffes, Brust, Stofferahn, Schneider, and Fischer voted aye. Member Magelky abstained from voting. Absent and not voting: Member Scherling. The motion was declared carried.
Item 8: BNG Addition
Hearing on an application requesting a Zoning Change from LC, Limited Commercial with a C-O, Conditional Overlay to GO, General Office, with a C-O, Conditional Overlay, on Lot 2, Block 1, BNG Addition. (Located at 3285 47th Street South) (Nate Vollmuth): APPROVED
Assistant Planner Kylie Murphy presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Nate Vollmuth, PACES Lodging, spoke on behalf of the project.
Member Steffes moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the zoning change from LC, Limited Commercial, with a C-O, Conditional Overlay to GO, General Office, 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 Stofferahn. On call of the roll Members Brust, Morgan, Gunkelman, Magelky, Schneider, Sobolik, Steffes, Stofferahn, and Fischer voted aye. Absent and not voting: Member Scherling. The motion was declared carried.
Item 9: Tyler’s Addition
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): APPROVED
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 has requested this item be heard at this date and time.
Planner Aaron Nelson presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Tom Thompson, 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 22nd Street North street vacation plat as presented, as the proposal complies with the GO2030 Fargo Comprehensive Plan and the Standards of Chapter 40-39 of the North Dakota Century Code. Second by Member Magelky. On call of the roll Members Morgan, Magelky, Steffes, Gunkelman, Sobolik, Brust, Schneider, Stofferahn, and Fischer voted aye. Absent and not voting: Member Scherling. The motion was declared carried.
Item 10: Text Amendment
Hearing on an application requesting an LDC Text Amendment to amend Section 20-04 of the Fargo Municipal Code (Land Development Code) relating to the regulation of self-service storage in the DMU, Downtown Mixed-Use, zoning district. (City of Fargo): APPROVED
Mr. LaPoint presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Sobolik moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed text amendment to Table 20-0401 and Section 20-0402(J.2) of the Fargo Municipal Code (Land Development Code), as the proposal meets the approval criteria of Subsection 20-0904.E(1-3) of the Land Development Code. Second by Member Morgan. On call of the roll Members Sobolik, Brust, Morgan, Stofferahn, Steffes, Schneider, Gunkelman, Magelky, Fischer voted aye. Absent and not voting: Member Scherling. The motion was declared carried.
Item 11: Section 31, Township 140 North, Range 48 West
Hearing on an application requesting an Institutional Master Plan Amendment on part of Section 31, Township 140 North, Range 48 West of the 5th Principal Meridian, Cass County, North Dakota. (Located at 1701 University Drive North) (North Dakota State University): APPROVED
Member Magelky declared a conflict of interest on this item and was excused from voting.
Planner Maegin Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval.
Ms. Elshaug noted that there is a correction in the staff report that should reflect a 25 foot setback on the east lot line not 12.5 feet.
Member Brust moved the findings and recommendations of staff be accepted and the Institutional Master Plan for North Dakota State University (NDSU) and University Village be approved as presented, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Standards of Section 20-0911.E(1-3) 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, Schneider, Steffes, Stofferahn, Morgan, Sobolik, Gunkelman, and Fischer voted aye. Member Magelky abstained from voting. Absent and not voting: Member Scherling. The motion was declared carried.
Item E: Other Items:
The time at adjournment was 4:06 p.m.