Planning Commission - January 4, 2018 Minutes
Regular Meeting: Thursday, January 4, 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., Thursday, January 4, 2018.
The Planning Commissioners present or absent were as follows:
Present: Shara Fischer, John Gunkelman, Mike Magelky, Dawn Morgan, Rocky Schneider, Melissa Sobolik, Kelly Steffes, Scott Stofferahn, Maranda Tasa
Absent: Mary Scherling
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, 1d, 2, 3, 9, and 10 are continued to the February 6, 2018 Planning Commission Meeting.
Member Sobolik 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 December 5, 2017
Member Steffes moved the minutes of the December 5, 2017 Planning Commission meeting be approved. Second by Member Gunkelman. All Members present voted aye and the motion was declared carried.
Item C: Wednesday, January 17, 2018 Brown Bag Luncheon
Topic: Transportation
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 FEBRUARY 6, 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 FEBRUARY 6, 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 FEBRUARY 6, 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 FEBRUARY 6, 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 this date and time; however, the applicant has requested this item be continued to February 6, 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 FEBRUARY 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 this date and time; however, the applicant has requested this item be continued to February 6, 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 FEBRUARY 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 this date and time; however, the applicant has requested this item be continued to February 6, 2018.
Item 4: Rocking Horse Farm 5th Addition
4a. Hearing on an application requesting a Zoning Change from AG, Agricultural to SR-3, Single-Dwelling Residential and P/I, Public and Institutional within the boundaries of the proposed Rocking Horse Farm 5th Addition. (Located at 5801 52nd Avenue South and 4901 Veterans Boulevard South) (Rocking Horse Farms, LLC/Mike Love, Houston Engineering, Inc.): APPROVED
4b. Hearing on an application requesting a Plat of Rocking Horse Farm 5th Addition (Major Subdivision) a replat of a portion of the Southeast Quarter of Section 32, Township 139 North, Range 49 West, of the 5th Principal Meridian, City of Fargo, Cass County, North Dakota and Lot 1, Block 4, Rocking Horse East Second Addition. (Located at 5801 52nd Avenue South and 4901 Veterans Boulevard South) (Rocking Horse Farms, LLC/Mike Love, Houston Engineering, Inc.): APPROVED
Senior Planner Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted a revised amenities plan has been submitted to the board.
Member Stofferahn present.
Applicant Mike Love, Houston Engineering, Inc., spoke on behalf of the application.
Member Schneider 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-3, Single-Dwelling Residential and P/I, Public and Institutional; and 2) Rocking Horse Farm 5th Addition subdivision plat as presented as the proposal complies with the GO2030 Fargo Comprehensive Plan, the 2003 Southwest Future Land Use Plan as amended in 2014, 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 Steffes. On call of the roll Members Gunkelman, Sobolik, Stofferahn, Steffes, Magelky, Tasa, Morgan, Schneider, and Fischer voted aye. Absent and not voting: Member Scherling. The motion was declared carried.
Item 5: Valley View Second Addition
Hearing on an application requesting a Zoning Change from MR-1, Multi-Dwelling Residential to MR-3, Multi-Dwelling Residential on Lot 1, Block 1, Valley View Second Addition. (Located at 3900 56th Street South) (Arbor Courts, LLC/Brian Kounovsky): APPROVED
Assistant Planner Kylie Bagley 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 Zoning Change from MR-1, Multi-Dwelling Residential to MR-3, Multi-Dwelling Residential as outlined within the staff report 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 Stofferahn, Sobolik, Morgan, Tasa, Schneider, Magelky, Gunkelman, Steffes, and Fisher voted aye. Absent and not voting: Member Scherling. The motion was declared carried.
Item 6: Valley View Eighth Addition
6a. Hearing on an application requesting a Conditional Use Permit for an alternative access plan for all of the proposed Valley View Eighth Addition. (Located at 3650 Veterans Boulevard South) (K Square Development/Lowry Engineering): APROVED WITH CONDITIONS
6b. Hearing on an application requesting a Plat of Valley View Eighth Addition (Minor Subdivision) a replat of Lot 2, Block 1, Valley View Seventh Addition, to the City of Fargo, Cass County, North Dakota. (Located at 3650 Veterans Boulevard South) (K Square Development/Lowry Engineering): APPROVED
Ms. Bagley presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Jon Lowry 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) Valley View Eighth Addition subdivision plat as outlined within the staff report, as the proposal complies with the adopted Area Plan, the Standards of Article 20-06, and all applicable requirements of the Land Development Code, and 2) 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) Bicycle parking facilities, such as bike racks or bike lockers, shall be provided on site.
2) The Conditional Use Permit will cease if the land use changes from commercial, restaurant, fast food, or residence.
Second by Member Stofferahn. On call of the roll Members Steffes, Sobolik, Magelky, Gunkelman, Morgan, Tasa, Stofferahn, Schneider, and Fischer voted aye. Absent and not voting: Member Scherling. The motion was declared carried.
Item 7: Timber Creek Seventh Addition
7a. Hearing on an application requesting a Zoning Change from SR-2, Single-Dwelling Residential to SR-4, Single-Dwelling Residential within the boundaries of the proposed Timber Creek Seventh Addition. (Located at 3559, 3571, and 3583 47th Avenue South) (PLC Investments, LLC/Nate Vollmuth): APPROVED
7b. Hearing on an application requesting a Plat of Timber Creek Seventh Addition (Minor Subdivision) a replat of Lots 11-13, Block 1, Timber Creek Third Addition, to the City of Fargo, Cass County, North Dakota. (Located at 3559, 3571, and 3583 47th Avenue South) (PLC Investments, LLC/Nate Vollmuth): APPROVED
Planner Maegin Elshaug presented the staff report noting an updated plat has been submitted to the board, and stated 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: 1) Zoning Change from SR-2 Single-Dwelling Residential to SR-4, Single-Dwelling Residential and 2) Timber Creek Seventh Addition subdivision plat 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 Gunkelman. On call of the roll Members Gunkelman, Sobolik, Steffes, Tasa, Magelky, Morgan, Stofferahn, Schneider, and Fischer voted aye. Absent and not voting: Member Scherling. The motion was declared carried.
Item 8: Timber Creek Eighth Addition
8a. Hearing on an application requesting a Zoning Change to repeal and re-establish a C-O, Conditional Overlay, on Lots 1 and 2, Block 1, of the proposed Timber Creek Eighth Addition. (Located at 5050 Timber Parkway South and 5131 Prosperity Way South) (PLC Investments, LLC/Nate Vollmuth): APPROVED
8b. Hearing on an application requesting a Plat of Timber Creek Eighth Addition (Minor Subdivision) a replat of Lots 1 and 2, Block 1, Timber Creek Fourth Addition, to the City of Fargo, Cass County, North Dakota. (Located at 5050 Timber Parkway South and 5131 Prosperity Way South) (PLC Investments, LLC/Nate Vollmuth): APPROVED
Ms. Elshaug presented the staff report noting an updated plat has been submitted to the board, and stated all approval criteria have been met and staff is recommending approval.
Member Steffes 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 Timber Creek Eighth Addition and 2) Timber Creek Eighth Addition subdivision plat 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 Magelky. On call of the roll Members Tasa, Morgan, Gunkelman, Magelky, Schneider, Sobolik, Steffes, Stofferahn, and Fischer voted aye. Absent and not voting: Member Scherling. The motion was declared carried.
Item 9: MVM Addition
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 FEBRUARY 6, 2018
A Hearing had been set for this date and time; however, the applicant has requested this item be continued to February 6, 2018.
Item 10: Simonson First Addition
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): CONTINUED TO FEBRUARY 6, 2018
A Hearing had been set for this date and time; however, the applicant has requested this item be continued to February 6, 2018.
Item 11: Brunsdale First Addition
Hearing on an application requesting a Conditional Use Permit for an Alternative Access Plan on a portion of Lots 4, 5, and 8 and all of Lots 6-7, Block 1, Brunsdale First Addition. (Located at 2829 South University Drive) (University Medical Center, LLP/Zerr Berg Architects): APPROVED WITH CONDITIONS
Assistant Planner Barrett Voigt presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Representative Leah Fagerland, Zerr Berg Architects, spoke on behalf of the application.
Member Gunkelman moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow an Alternative Access Plan be approved as outlined in the staff report, 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) A fixed parking ratio of 1 space per each 350 square feet shall apply for all medical office and health care facility uses on site.
2) All proposals for development shall have storm water plans approved by the Engineering Department before a building permit is issued.
3) The Conditional Use Permit shall cease if the land use changes and is no longer a medical office or health care facility use.
Second by Member Stofferahn. On call of the roll Members Gunkelman, Schneider, Steffes, Stofferahn, Morgan, Sobolik, Magelky, Tasa, and Fischer voted aye. Absent and not voting: Member Scherling. The motion was declared carried.
Item E: Other Items:
Chair Fischer introduced and welcomed new Planning Commissioner Maranda Tasa to the Board.
The time at adjournment was 3:35 p.m.