Planning Commission - February 6, 2018 Minutes
Regular Meeting: Tuesday, February 6, 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, February 6, 2018.
The Planning Commissioners present or absent were as follows:
Present: Shara Fischer, John Gunkelman, Mike Magelky, Dawn Morgan, Mary Scherling, Rocky Schneider, Kelly Steffes, Scott Stofferahn
Absent: Maranda Tasa, 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 1a, 1b, 1c, and 1d are continued to the May 1, 2018 Planning Commission meeting.
- Items 2, 4a, and 4b are continued to the April 3, 2018 Planning Commission meeting.
- Items 5, 8a, 8b, and 8c are continued to the March 6, 2018 Planning Commission meeting.
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 January 4, 2018
Member Steffes moved the minutes of the January 4, 2018 Planning Commission meeting be approved. Second by Member Stofferahn. All Members present voted aye and the motion was declared carried.
Item C: February 21, 2018 Brown Bag Luncheon
Topic: Case Status reports
Item D: Public Hearing Items
Item 1: NSC Addition
1a. Continued 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 MAY 1, 2018
1b. Continued 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 MAY 1, 2018
1c. Continued 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 MAY 1, 2018
1d. Continued 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, City of Fargo, Cass County, North Dakota. (Located at 5703 and 6101 45th Street North) (City of Fargo/Fargo Park District): CONTINUED TO MAY 1, 2018
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 October 3, 2017. At the October 3, 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 this date and time; however, the applicant has requested this item be continued to May 1, 2018.
Item 2: 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): CONTINUED TO APRIL 3, 2018
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 this date and time; however, the applicant has requested this item be continued to April 3, 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): CONTINUED TO MARCH 6, 2018
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 this date and time.
Planning Director Nicole Crutchfield presented the staff report stating that the approval criteria have not been met and staff is recommending denial of the application.
Member Morgan present.
Division Engineer Brenda Derrig spoke on behalf of the Engineering Department.
Applicant Rick Flacksbarth, Cityscapes Development, spoke on behalf of the application.
Discussion was held on the history of the property and the buried drain, the purpose and necessity of the City’s minimum requested easement, and the pending legal issues on the property.
Mr. Flacksbarth distributed a handout to the Board of the drain easements along the line of the drain above and below the property.
Member Schneider moved to continue this item to the March 6, 2018 Planning Commission meeting. Second by Member Stofferahn. On call of the roll Members Schneider, Stofferahn, Scherling, Steffes, Magelky, Gunkelman, Morgan, and Fischer voted aye. Absent and not voting: Members Sobolik and Tasa. The motion was declared carried.
Item 4: Madelyn’s Meadows Addition
4a. 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 APRIL 3, 2018
4b. 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 APRIL 3, 2018
A Hearing had been set for December 5, 2017. At the December 5, 2017 meeting, the hearing was continued to this date and time; however, the applicant has requested this item be continued to April 3, 2018.
Item 5: MVM Addition
Continued hearing on an application requesting a Plat of MVM Addition (Minor Subdivision) a replat of Lot 1, Block 5, Southwood Park Addition, to the City of Fargo, Cass County, North Dakota. (Located at 3502 36th Street South) (J&J Investments/Brendan Muldoon): CONTINUED TO MARCH 6, 2018
A Hearing had been set for January 4, 2018. At the January 4, 2018 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to March 6, 2018.
Item 6: Simonson First Addition
6a. Hearing on an application requesting a Zoning Change to repeal and reestablish a C-O, Conditional Overlay within the boundaries of the proposed Simonson First Addition. (Located at 3825 53rd Avenue South) (Arch Simonson/Lowry Engineering): APPROVED
6b. Continued hearing on an application requesting a Plat of Simonson First Addition (Minor Subdivision) a replat of Lot 2, Block 1, The District of Fargo Addition, to the City of Fargo, Cass County, North Dakota. (Located at 3825 53rd Avenue South) (Arch Simonson/Lowry Engineering): APPROVED
A Hearing had been set on Item 6b. for January 4, 2018. At the January 4, 2018 meeting, the Hearing was continued to this date and time.
Assistant Planner Barrett 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: 1) Zoning Change to repeal and re-establish a C-O, Conditional Overlay on Lots 1 and 2, Block 1, of the proposed Simonson First Addition subdivision plat, and 2) Subdivision Plat, Simonson First Addition as outlined within the staff report, as the proposal complies with the adopted Area Plan, the GO2030 Fargo Comprehensive Plan, the Standards of Section 20-0906.F (1-4), the Standards of Article 20-06, and all other applicable requirements of the Land Development Code. Second by Member Gunkelman. On call of the roll Members Steffes, Magelky, Gunkelman, Scherling, Morgan, Stofferahn, Schneider, and Fischer voted aye. Absent and not voting: Members Sobolik and Tasa. The motion was declared carried.
Item 7: PTP Addition
Hearing on an application requesting a Zoning Change to repeal and re-establish a C-O, Conditional Overlay on Lot 1, Block 1, PTP Addition. (Located at 2856 Brandt Drive South) (David Schultz): APPROVED
Planning Coordinator Maegin Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant David Schultz 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 Zoning Change to repeal and re-establish a C-O, Conditional Overlay, as the proposal complies with the Adopted Area Plan, the Standards of Article 20-0906.F (1-4), and all other applicable requirements of the Land Development Code. Second by Member Morgan. On call of the roll Members Gunkelman, Steffes, Magelky, Morgan, Stofferahn, Schneider, Scherling and Fischer voted aye. Absent and not voting: Members Sobolik and Tasa. The motion was declared carried.
Item 8: Villas as Shadow Crest Addition
8a. 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): CONTINUED TO MARCH 6, 2018
8b. 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): CONTINUED TO MARCH 6, 2018
8c. Hearing on an application requesting a Plat of Villas at Shadow Crest Addition (Major Subdivision) 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): CONTINUED TO MARCH 6, 2018
A Hearing had been set for this date and time; however, the applicant has requested this item be continued to March 6, 2018.
Item 9: Collins Fourth Addition
Hearing on an application requesting a Plat of Collins Fourth Addition (Minor Subdivision) a replat of part of Lot 2, Block 1, Collins Third Subdivision to the City of Fargo, Cass County, North Dakota and vacated portions of 36th Avenue South and 39th Street South. (Located at 3949 37th Avenue South and 3600 39th Street South) (Larkin Properties LLP/Houston Engineering, Inc.): APPROVED
Planning Coordinator Aaron Nelson 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, Collins Fourth 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 Steffes. On call of the roll Members Morgan, Magelky, Steffes, Gunkelman, Scherling, Schneider, Stofferahn, and Fischer voted aye. Absent and not voting: Members Sobolik and Tasa. The motion was declared carried.
Item 10: The Edge Addition
Hearing on an application requesting a Plat of The Edge Addition (Minor Subdivision) a replat of Lots 1-9 and 19-24, Block 6 and a portion of a vacated alley in said Block 6, and a portion of vacated 6th Avenue North in Reeves Addition to the City of Fargo, Cass County, North Dakota. (Located at 1321 5th Avenue North and 502 University Drive North) (DFI A, LLC/Erin Anderson - Commonwealth Development Corporation): APPROVED
Assistant Planner Kylie Bagley 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, The Edge 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 Gunkelman. On call of the roll Members Scherling, Morgan, Stofferahn, Steffes, Schneider, Gunkelman, Magelky, and Fischer voted aye. Absent and not voting: Members Sobolik and Tasa. The motion was declared carried.
Item E: Other Items:
The time at adjournment was 4:00 p.m.