Planning Commission Minutes - July 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, July 3, 2018.
The Planning Commissioners present or absent were as follows:
Present: Shara Fischer, John Gunkelman, Mike Magelky, Dawn Morgan, Rocky Schneider, Melissa Sobolik, Maranda Tasa, Brad Bachmeier
Absent: Mary Scherling, Scott Stofferahn
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 have been continued to the September 4, 2018 Planning Commission meeting.
- Item 10 has been continued to the August 7, 2018 Planning Commission meeting.
Member Sobolik moved the Order of Agenda be approved as presented. Second by Member Magelky. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of June 5, 2018
Member Bachmeier moved the minutes of the June 5, 2018 Planning Commission meeting be approved. Second by Member Gunkelman. All Members present voted aye and the motion was declared carried.
Item C: July 2018 Brown Bag Luncheon – no meeting scheduled for July
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 SEPTEMBER 4, 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 SEPTEMBER 4, 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 SEPTEMBER 4, 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, Cass County, North Dakota. (Located at 5703 and 6101 45th Street North) (City of Fargo/Fargo Park District): CONTINUED TO SEPTEMBER 4, 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 February 6, 2018. At the February 6, 2018 meeting, the Hearing was continued to May 1, 2018. At the May 1, 2018 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to September 4, 2018.
Item 2: Providence at Prairie Farms Addition
2a. Continued hearing on an application requesting a Zoning Change from SR-4, Single-Dwelling Residential with a C-O, Conditional Overlay to SR-4, Single-Dwelling Residential, and SR-4, Single-Dwelling Residential with a C-O, Conditional Overlay to P/I, Public and Institutional with a C-O, Conditional Overlay, on a portion of the proposed Providence at Prairie Farms Addition. (Located at 5764, 5788, 5810, 5830, 5850, 5866, 5882, 5892, 5906, 5920 31st Street South) (Prairie Farms LLC/Michael Domitrovich): APPROVED
2b. Continued hearing on an application requesting a Plat of Providence at Prairie Farms Addition (Minor Subdivision) a replat of Lots 20-29, Block 1, Prairie Farms Addition to the City of Fargo, Cass County, North Dakota. (Located at 5764, 5788, 5810, 5830, 5850, 5866, 5882, 5892, 5906, 5920 31st Street South) (Prairie Farms LLC/Michael Domitrovich): APPROVED WITH CONDITIONS
A Hearing had been set for June 5, 2018. At the June 5, 2018 meeting, the Hearing was continued to this date and time.
Assistant Planner Kylie Bagley presented the staff report stating that all approval criteria have been met and staff is recommending approval. She noted that additional documents were submitted to the Board.
Applicant Michael Domitrovich spoke on behalf of the application.
Member Morgan present.
City Engineer Brenda Derrig spoke on behalf of the Engineering Department and inquired about the status of information regarding the portion of drainage easement being vacated.
Member Sobolik 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-4, Single-Dwelling Residential with a C-O, Conditional Overlay, to SR-4, Single-Dwelling Residential on Lots 1-15, Block 1, Providence at Prairie Farms Addition; and from SR-4, Single-Dwelling Residential with a C-O, Conditional Overlay, to P/I, Public and Institutional with a C-O, Conditional Overlay on Lot 16, Block 1, Providence at Prairie Farms Addition; and 2) Subdivision Plat, Providence at Prairie Farms Addition as outlined within the staff report, with the condition that the applicant provide the Engineering Department information regarding vacating a portion of the drainage easement in the no-build zone with information on the stormwater retention, as the proposal complies with the Adopted Area Plan, the Standards of Article 20-06, the Standards of Section 20-0906.F (1-4), and all other applicable requirements of the Land Development Code. Second by Member Gunkelman. On call of the roll Members Magelky, Schneider, Sobolik, Morgan, Bachmeier, Gunkelman, Tasa, and Fischer voted aye. Absent and not voting: Members Scherling and Stofferahn. The motion was declared carried.
Item 3: The District of Fargo Third Addition
Hearing on an application requesting a Conditional Use Permit for an Alternative Access Plan on Lot 3, Block 1, The District of Fargo Third Addition. (Located at 3751 53rd Avenue South) (Panda Express, Inc./Henry Klover): APPROVED WITH CONDITIONS
Ms. Bagley presented the staff report stating that all approval criteria have been met and staff is recommending approval. She noted a correction to the suggested motion in the staff report from 34 to 36 parking stalls.
Member Magelky moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow an Alternative Access Plan be approved as the proposal complies with Section 20-0909.D (1-6) and all other applicable requirements of the Land Development Code, with the following conditions:
1) The applicant must provide no more than 36 parking stalls on site.
2) The applicant must increase plant units by the same percentage that parking stalls are being increase by on site.
3) The Conditional Use Permit will cease if the land use changes from restaurant or fast food.
Second by Member Gunkelman. On call of the roll Members Schneider, Sobolik, Bachmeier, Tasa, Magelky, Gunkelman, Morgan, and Fischer voted aye. Absent and not voting: Members Scherling and Stofferahn. The motion was declared carried.
Item 4: Legacy I Second Addition
Hearing on an application requesting a Zoning Change from MR-1, Multi-Dwelling Residential to SR-5, Single-Dwelling Residential on a portion of Lots 13 and 14, Block 3, Legacy I 2nd Addition. (Located at 2173 and 2175 58th Avenue South) (Ryan Lizotte/Gerald Ripplinger): APPROVED
Ms. Bagley presented the staff report stating that 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 Zoning Change from MR-1, Multi-Dwelling Residential, to SR-5, Single-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 Schneider. On call of the roll Members Gunkelman, Sobolik, Magelky, Tasa, Morgan, Bachmeier, Schneider, and Fischer voted aye. Absent and not voting: Members Scherling and Stofferahn. The motion was declared carried.
Item 5: Grayland First Addition
Hearing on an application requesting a Zoning Change from SR-3, Single-Dwelling Residential to SR-4, Single-Dwelling Residential on Lots 2-18, Block 3, Grayland First Addition. (Located at 6313, 6333, 6347, 6363, 6379, 6393, 6405, 6421, 6439, 6457, 6473, 6491, 6507, 6523, 6541, 6561, and 6583 54th Avenue South) (Grayland Holdings Company/Ben Saucke): APPROVED
Planning Coordinator Donald Kress presented the staff report stating that 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 Zoning Change from SR-3, Single-Dwelling Residential, to SR-4, Single-Dwelling as outlined within the staff report as the proposal complies with the GO2030 Fargo Comprehensive Plan, the 2007 Growth Plan, the Standards of Section 20-0906.F (1-4), and all other applicable requirements of the Land Development Code. Second by Member Sobolik. On call of the roll Members Bachmeier, Gunkelman, Magelky, Morgan, Schneider, Sobolik, Tasa, and Fischer voted aye. Absent and not voting: Members Scherling and Stofferahn. The motion was declared carried.
Item 6: Golden Valley Second Addition
6a. Hearing on an application requesting a Zoning Change from AG, Agricultural to SR-4, Single-Dwelling Residential and P/I, Public and Institutional with a C-O, Conditional Overlay within the boundaries of the proposed Golden Valley Second Addition. (Located at 6737 25th Street South) (Ryland Development Corp/Jon Youness): APPROVED
6b. Hearing on an application requesting a Plat of Golden Valley Second Addition (Major Subdivision) on a portion of the Northeast Quarter of Section 11, Township 138 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota. (Located at 6737 25th Street South) (Ryland Development Corp/Jon Youness): APPROVED
Mr. Kress presented the staff report stating that all approval criteria have been met and staff is recommending approval. He noted that additional documents were submitted to the Board.
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-4, Single-Dwelling Residential and P/I, Public and Institutional with a C-O, Conditional Overlay to restrict land uses as noted within the staff report; and 2) Subdivision Plat, Golden Valley Second Addition, as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the 2007 Growth 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 Sobolik, Magelky, Gunkelman, Morgan, Schneider, Tasa, Bachmeier, and Fischer voted aye. Absent and not voting: Members Scherling and Stofferahn. The motion was declared carried.
Item 7: Parkview South Eighth Addition
Hearing on an application requesting a Plat of Parkview South Eighth Addition (Minor Subdivision) on Lot 32, Block 2, Parkview South Second Addition to the City of Fargo, Cass County, North Dakota, to include a Subdivision Waiver for lot size on Lots 1, and 3-16, Block 1, of the proposed Parkview South Eighth Addition. (Located at 3210 26th Avenue South) (City of Fargo): APPROVED
Planning Coordinator Maegin Elshaug presented the staff report stating that all approval criteria have been met and staff is recommending approval. She noted that additional documents were submitted to the Board.
Planning Director Nicole Crutchfield and Assistant Planning Director Mark Williams spoke on the history of the property and the proposed future intent.
The following property owners spoke in regard to the proposal stating the following concerns: time and money already invested in the property, maintaining the original intent of a greenspace area, increased fees due to specials and property taxes, and having the land properly divided up to interested parties.
Mark Jondahl, 2718 33rd Street South
Patti Struchynski, 2806 33rd Street South
Don Schmaltz, 2838 33rd Street South
Dr. Donald Lamb, 2846 33rd Street South
Joe Engh, 2842 33rd Street South
Discussion was held regarding the next steps in the process and encouragement was given to keep communication open with all involved parties.
Member Magelky moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Subdivision Plat, Parkview South Eighth Addition, and 2) Subdivision Waiver for lot size on Lots 1, and 3-16 of the proposed plat 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 Gunkelman, Bachmeier, Tasa, Magelky, Morgan, Schneider, Sobolik, and Fischer voted aye. Absent and not voting: Members Scherling and Stofferahn. The motion was declared carried.
At 4:00 p.m., the Board took a five-minute recess.
After recess: All Members present except Members Scherling, and Stofferahn. Chair Fischer presiding.
Item 8: Reeves Addition
Hearing on an application requesting a Conditional Use Permit for an Alternative Access Plan on Block 26 and Lots 1, 12, 13 and part of Lots 2-11, Block 27, Reeves Addition, and adjacent vacated right-of-way, Auditor’s Lot No.1, and an unplatted portion of the South Half of Section 1, Township 139 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota. (Located at 1620, 1624, 1630, and 1632 1st Avenue North) (MBA Investments, LLC): APPROVED WITH CONDITIONS
Ms. Elshaug presented the staff report stating that all approval criteria have been met and staff is recommending approval.
Member Schneider moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow an Alternative Access Plan for parking reduction be approved as the proposal complies with Section 20-0909.D (1-6), the GO2030 Fargo Comprehensive Plan, and all other applicable requirements of the Land Development Code with the following conditions:
1) Two parking spaces shall be provided per residential unit.
2) One off-street parking space to be provided per 500 square feet for all other uses on site.
3) The Conditional Use Permit shall cease upon sale of the property.
Second by Member Magelky. On call of the roll Members Tasa, Magelky, Sobolik, Schneider, Morgan, Gunkelman, Bachmeier, and Fischer voted aye. Absent and not voting: Members Scherling and Stofferahn. The motion was declared carried.
Item 9: Gardenia Addition
9a. Hearing on an application requesting a Zoning Change from AG, Agricultural to SR-2, Single-Dwelling Residential within the boundaries of the proposed Gardenia Addition. (Located at 2705 64th Avenue South) (Robert D. Kost): APPROVED
9b. Hearing on an application requesting a Plat of Gardenia Addition (Major Subdivision) on Auditor’s Lot 10 in the Southeast Quarter of Section 2, Township 138 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota. (Located at 2705 64th Avenue South) (Robert D. Kost): 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 1) Zoning Change from AG, Agricultural to SR-2 Single-Dwelling Residential, and 2) Subdivision Plat for Gardenia Addition as outlined within the staff report as the proposal complies with the 2007 Growth Plan, the Standards of Article 20-06, the Standards of Section 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 Morgan, Magelky, Gunkelman, Sobolik, Tasa, Bachmeier, Schneider, and Fischer voted aye. Absent and not voting: Members Scherling and Stofferahn. The motion was declared carried.
Item 10: Urban Plains by Brandt Fourth Addition
Hearing on an application requesting a Plat of Urban Plains by Brandt Fourth Addition (Minor Plat) on Lots 2 and 3, Block 1, Urban Plains by Brandt Third Addition to the City of Fargo, Cass County, North Dakota. (Located at 5616 26th Avenue South) (Urban Plains Land Co., LLC/Houston Engineering): CONTINUED TO AUGUST 7, 2018
A Hearing had been set for this date and time; however, the applicant has requested this item be continued to the August 7, 2018 meeting.
Item 11: Maier Second Addition
Hearing on an application requesting a Plat of Maier Second Addition (Major Subdivision) on a portion of Lot 4, Block 2, Maier First Subdivision and unplatted tax Lots 23 and 24 in the Southeast Quarter of Section 36, Township 139 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota including a Subdivision Waiver to reduce the size of a cul-de-sac. (Located at 1135, 1141, and 1201 49th Avenue South) (City of Fargo): APPROVED WITH CONDITIONS
Assistant Planner Barrett Voigt presented the staff report stating that all approval criteria have been met and staff is recommending approval. He noted that additional documents were submitted to the Board.
City Engineer Brenda Derrig spoke on behalf of the Engineering Department.
The following property owners spoke regarding the proposal stating the following concerns: size of the cul-de-sac and limited parking during events, drainage issues, and future intent of the property.
Brian Johnson, 1209 49th Avenue South
Jim Zitzow, 4810 University Drive South
Ed Stalemo, 4802 University Drive South
Rodney Hubbard, 1202 48th Avenue South
Discussion was held regarding a drainage easement and the current zoning of the property.
Member Gunkelman moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Subdivision Plat, Maier Second Addition, and 2) Subdivision Waiver of Section 20-0611 of the Land Development Code as outlined within the staff report with the condition that a drainage easement be added, as the proposal complies with the Standards of Article 20-06, Section 20-0907, and all other applicable requirements of the Land Development Code. Second by Member Sobolik. On call of the roll Members Magelky, Schneider, Sobolik, Tasa, Morgan, Bachmeier, Gunkelman, and Fischer voted aye. Absent and not voting: Members Scherling and Stofferahn. The motion was declared carried.
Item 12: Simonson Companies First Addition
Hearing on an application requesting a Plat of Simonson Companies First Addition (Minor Subdivision) a replat of Lots 1 and 2, Block 1, Simonson First Addition, to the City of Fargo, Cass County, North Dakota. (Located at 3825 53rd Avenue South) (Arch Simonson/Lowry Engineering): APPROVED
Mr. Voigt presented the staff report stating that 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, Simonson Companies First 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 Bachmeier. On call of the roll Members Schneider, Tasa, Bachmeier, Sobolik, Magelky, Gunkelman, Morgan, and Fischer voted aye. Absent and not voting: Members Scherling and Stofferahn. The motion was declared carried.
The time at adjournment was 4:36 p.m.