Planning Commission - April 3, 2018 Minutes
Regular Meeting: Tuesday, April 3, 2018
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, April 3, 2018.
The Planning Commissioners present or absent were as follows:
Present: Shara Fischer, John Gunkelman, Mike Magelky, Mary Scherling, Rocky Schneider, Kelly Steffes, Scott Stofferahn, Maranda Tasa, Dawn Morgan
Absent: Melissa Sobolik
Chair Fischer called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Chair Fischer noted the following Agenda items:
- Items 1, 4a, 4b, and 4c have been withdrawn by the applicants.
- Items 2a, 2b, and 8 have been continued to the May 1, 2018 Planning Commission meeting.
- Items 5a, 5b, and 5c have been continued to the June 5, 2018 Planning Commission meeting.
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 March 6, 2018
Member Steffes moved the minutes of the March 6, 2018 Planning Commission meeting be approved. Second by Member Schneider. All Members present voted aye and the motion was declared carried.
Item C: Wednesday, April 18, 2018 Brown Bag Luncheon
Topic: To Be Determined
Item D: Public Hearing Items:
Item 1: Craigs Oak Grove Addition
Continued 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and 48 5th Avenue North, 10, 14, and 22 6th Avenue North, and 505, 509, 515, and 519 Oak Street North) (Jesse Craig): WITHDRAWN
A Hearing had been set for November 7, 2017. At the November 7, 2017 meeting, the Hearing was continued to December 5, 2017. At the December 5, 2017 meeting, the Hearing was continued to January 4, 2018. At the January 4, 2018 meeting, the Hearing was continued to February 6, 2018. At the February 6, 2018 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be withdrawn.
Item 2: Madelyn’s Meadows Addition
2a. Continued hearing on an application requesting a Zoning Change from AG, Agricultural to SR-4, Single-Dwelling Residential, within the boundaries of the proposed Madelyn’s Meadows Addition. (Located at 7269 25th Street South) (Sitka Investments, LLC/Jon Youness): CONTINUED TO MAY 1, 2018
2b. Continued hearing on an application requesting a Plat of Madelyn’s Meadows Addition (Major Subdivision) a replat of a portion of the Northeast 1/4 of the Southeast 1/4 of Section 11, T138N, R49W, Cass County, North Dakota. (Located at 7269 25th Street South) (Sitka Investments, LLC/Jon Youness): CONTINUED TO MAY 1, 2018
A Hearing had been set for December 5, 2017. At the December 5, 2017 meeting, the hearing was continued to February 6, 2018. At the February 6, 2018 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to May 1, 2018.
Item 3: Cityscapes Business Park Addition
Continued 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 of the 5th Principal Meridian, 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): APPROVED WITH CONDITION
A Hearing had been set for November 7, 2017. At the November 7, 2017 meeting, the Hearing was continued to December 5, 2017. At the December 5, 2017 meeting, the Hearing was continued to January 4, 2018. At the January 4, 2018 meeting, the Hearing was continued to February 6, 2018. At the February 6, 2018 meeting, the Hearing was continued to March 6, 2018. At the March 6, 2018 meeting, the Hearing was continued to this date and time.
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Stofferahn present.
Applicant Rick Flacksbarth, Cityscapes Development, spoke on behalf of the application thanking staff for their work on the project.
Member Schneider moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Cityscapes Business Park Addition subdivision plat, and 2) Subdivision Waiver for drain setback, as presented as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Standards of Article 20-06, and Section 20-0907(D)(3)(a-c) of the Land Development Code and all other applicable requirements of the Land Development Code, contingent on the City Commission approving a quitclaim deed for City-owned property within this project site. Second by Member Gunkelman. On call of the roll Members Schneider, Scherling, Stofferahn, Tasa, Steffes, Magelky, Gunkelman, Morgan, and Fischer voted aye. Absent and not voting: Member Sobolik. The motion was declared carried.
Item 4: Villas at Shadow Crest Addition
4a. 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 Villas at Shadow Crest Addition. (Located at 5601 34th Avenue South) (Jon Youness/Eagle Ridge Development): WITHDRAWN
4b. Hearing on an application requesting a PUD, Planned Unit Development Master Land Use Plan within the boundaries of the proposed Villas at Shadow Crest Addition. (Located at 5601 34th Avenue South) (Jon Youness/Eagle Ridge Development): WITHDRAWN
4c. Hearing on an application requesting a Plat of Villas at Shadow Crest Addition (Major Subdivision) including a Subdivision Waiver for reduced street right of way width and for sidewalks with an Alternative Access Plan, a replat of Lot 1, Block 2, Schatz Third Addition to the City of Fargo, Cass County, North Dakota. (Located at 5601 34th Avenue South) (Jon Youness/Eagle Ridge Development): WITHDRAWN
A hearing had been set for March 6, 2018. At the March 6, 2018 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be withdrawn.
Item 5: Kirkham’s Second Addition
5a. Hearing on an application requesting a Growth Plan Amendment on Lots 4-9, Block 14, Kirkham’s Second Addition. (Located at 1114, 1118, 1122, 1128, 1132, and 1136 14th Street North) (Jay Alsop, APM/Chris Hawley Architects): CONTINUED TO JUNE 5, 2018
5b. Hearing on an application requesting a Zoning Change from SR-3, Single-Dwelling Residential and MR-2, Multi-Dwelling Residential, to LC, Limited Commercial with a PUD, Planned Unit Development Overlay on Lots 4-9, Block 14, Kirkham’s Second Addition. (Located at 1114, 1118, 1122, 1128, 1132, and 1136 14th Street North) (Jay Alsop, APM/Chris Hawley Architects): CONTINUED TO JUNE 5, 2018
5c. Hearing on an application requesting a PUD, Planned Unit Development Master Land Use Plan for Lots 4-9, Block 14, Kirkham’s Second Addition. (Located at 1114, 1118, 1122, 1128, 1132, and 1136 14th Street North) (Jay Alsop, APM/Chris Hawley Architects): CONTINUED TO JUNE 5, 2018
A hearing had been set for March 6, 2018. At the March 6, 2018 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to June 5, 2018.
Item 6: Lane’s Subdivision of Lot 69 of Ohmer’s Subdivision
Hearing on an application requesting a Conditional Use Permit for an Alternative Access Plan on Lots 11-12, of Lane’s Subdivision of Lot 69 of Ohmer’s Subdivision and the North 50 feet of the East 130 feet of Lot 70, Ohmer’s Subdivision. (Located at 1249 and 1253 12th Street North) (Alpha Gamma Delta Fraternity Housing Corporation/Lowry Engineering): APPROVED WITH CONDITIONS
Assistant Planner Kylie Bagley 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) The Conditional Use Permit will cease if the land use changes from group living.
2) One parking stall per 155 square feet of sleeping area will be required.
3) Bicycle parking facilities, such as bike racks or bike lockers, shall be provided on-site.
4) Continue to provide additional parking spaces off site from NDSU in order to meet the parking requirements of the Land Development Code.
Second by Member Stofferahn. On call of the roll Members Magelky, Gunkelman, Scherling, Morgan, Schneider, Stofferahn, Tasa, Steffes, and Fischer voted aye. Absent and not voting: Member Sobolik. The motion was declared carried.
Item 7: Morton & Doty’s Addition
7a. Hearing on an application requesting a Zoning Change from NO, Neighborhood Office to NO, Neighborhood Office with a PUD, Planned Unit Development Overlay on a portion of Lot 14 and Lots 15-16, Block 23, Morton & Doty’s Addition. (Located at 1620 16th Avenue South) (Dr. Angela Cavette/RHET Architecture): NO ACTION TAKEN – REPLACED BY CUP
7b. Hearing on an application requesting a Planned Unit Development Master Land Use Plan and Final Plan on a portion of Lot 14 and Lots 15-16, Block 23, Morton & Doty’s Addition. (Located at 1620 16th Avenue South) (Dr. Angela Cavette/RHET Architecture): NO ACTION TAKEN – REPLACED BY CUP
Assistant Planner Barrett Voigt presented the staff report noting that the application has been updated to a request for a Conditional Use Permit to allow for an Alternative Access Plan, instead of a Planned Unit Development per Subsection 20-0901H of the Land Development Code. Mr. Voigt stated all approval criteria have been met and staff is recommending approval.
Member Scherling 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) 12 existing parking spaces shall remain on site.
2) The Conditional Use Permit shall cease if ownership of the proposed medical office use discontinues for 6 months or more.
3) The medical office use shall be limited to no more than 10 employees on the property at one time.
4) A 6-foot high opaque fence shall be placed along both the south and east property lines.
Second by Member Morgan. On call of the roll Members Gunkelman, Steffes, Tasa, Magelky, Morgan, Stofferahn, Schneider, Scherling, and Fischer voted aye. Absent and not voting: Member Sobolik. The motion was declared carried.
Item 8: Section 12, Township 139 North, Range 49 West
Hearing on an application requesting a Conditional Use Permit to allow for an Alternative Access Plan on an unplatted portion of the Northeast Quarter of Section 12, Township 139 North, Range 49 West. (Located at 1345 Main Avenue) (International Market Plaza, LLC/Fowzia Adde): CONTINUED TO MAY 1, 2018
A hearing had been set for this date and time; however, the applicant has requested this item be continued to May 1, 2018.
Item E: Other Items:
Commissioner Tony Grindberg commended Mr. Flacksbarth for his comment of appreciation to City staff.
The time at adjournment was 3:17 p.m.