Planning Commission - March 6, 2018 Minutes
Regular Meeting: Tuesday, March 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, March 6, 2018.
The Planning Commissioners present or absent were as follows:
Present: Shara Fischer, John Gunkelman, Dawn Morgan, Rocky Schneider, Melissa Sobolik, Scott Stofferahn, Maranda Tasa
Absent: Mike Magelky, Kelly Steffes, Mary Scherling
Chair Fischer called the meeting to order and welcomed Mark Williams as the new Assistant Director of Planning.
Business Items:
Item A: Approve Order of Agenda
Chair Fischer noted the following Agenda items:
- Item 2 is continued to the April 3, 2018 Planning Commission meeting.
- Items 3a, 3b, 3c, and 9 have been withdrawn by the applicants.
Member Sobolik 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 February 6, 2018
Member Stofferahn moved the minutes of the February 6, 2018 Planning Commission meeting be approved. Second by Member Morgan. All Members present voted aye and the motion was declared carried.
Item C: Wednesday, March 21, 2018 Brown Bag Luncheon
Topic: To Be Determined
Item D: Public Hearing Items:
Item 1: 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): APPROVED
A Hearing had been set for 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.
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Division Engineer Brenda Derrig spoke on behalf of the Engineering Department.
Member Sobolik moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed subdivision plat, MVM Addition as outlined in the staff report as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Standards of Article 20-06, and all other applicable requirements of the Land Development Code. Second by Member Stofferahn. On call of the roll Members Sobolik, Tasa, Morgan, Stofferahn, Gunkelman, and Fischer voted aye. Absent and not voting: Members Scherling, Steffes, Schneider, and Magelky. The motion was declared carried.
Item 2: 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 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 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 April 3, 2018.
Item 3: Villas as Shadow Crest Addition
3a. Continued 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
3b. Continued 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
3c. Continued 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): WITHDRAWN
A Hearing had been set for February 6, 2018. At the February 6, 2018 meeting, the meeting was continued to this date and time; however, the applicant has requested this item be withdrawn.
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): CONTINUED TO APRIL 3, 2018
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): CONTINUED TO APRIL 3, 2018
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): CONTINUED TO APRIL 3, 2018
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted that additional documents were submitted to the Board.
Member Schneider present.
Discussion was held on the history of the project, details of the subdivision waiver, and stormwater requirements.
Division Engineer Brenda Derrig spoke on behalf of the Engineering Department.
Applicant Jon Youness, Eagle Ridge Development, spoke on behalf of the application.
The following property owners spoke sharing their concerns about the existing trees and potential issues with snow removal with the proposed alley location along current property fences.
Gary Peterson, 3373 55th Street South
Michael Shirk, 901 11th Avenue North
City Forester Scott Liudahl spoke on behalf of the Forestry Department.
Discussion was held regarding the existing trees, location of the proposed alley along property lines, alignment of streets and driveways, property grade changes, water drainage location, and property line buffer options.
Member Schneider moved to continue this item to the April 3, 2018 Planning Commission meeting. Second by Member Stofferahn. On call of the roll Members Gunkelman, Sobolik, Stofferahn, Tasa, Morgan, Schneider, and Fischer voted aye. Absent and not voting: Members Scherling, Steffes, and Magelky. The motion was declared carried.
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 APRIL 3, 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 APRIL 3, 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 APRIL 3, 2018
Planning Coordinator Aaron Nelson presented the staff report sharing an overview on the history of the project. He stated that additional documents were submitted to the Board and that staff held an open house on March 1, 2018. Mr. Nelson stated that staff is recommending this item be continued.
Board discussion was held on the density and height of the proposed project.
Planner Tyrone Grandstrand spoke on the Roosevelt/NDSU neighborhood study.
At 4:14 p.m., the Board took a ten-minute recess.
After recess: All Members present except Members Magelky, Scherling, and Steffes. Chair Fischer presiding.
Applicant Chris Hawley, Chris Hawley Architects, spoke on behalf of the application.
The following property owners spoke in opposition to the proposal stating the following concerns: the density and building size not being compatible with the neighborhood; possible water drainage issues for existing houses; increased vehicular and foot traffic in the neighborhood; adding to current parking issues; reduced building set-backs; and location of the project outside of the UMU, University Mixed Use zoning district boundary.
Ken Enockson, 1202 8th Street North
Jim Laschkewitsch, 1016 College Street North
Lowell Disrud, 1106 14th Street North
Harold Thompsen, 1305 North 9th Street
Brian Barta, Sigma Phi Delta Fraternity, 1372 12th Avenue North
Les Herbranson, 1042 14th Street North
Will Shirk, 1121 14th Street North
Judy Wong, 1121 14th Street North
Petronella Shirk, 1122 College Street North
Michael Shirk, 901 11th Avenue North
Member Sobolik moved to continue this item to the April 3, 2018 Planning Commission meeting. Second by Member Tasa. On call of the roll Members Gunkelman, Sobolik, Tasa, Morgan, Stofferahn, Schneider, and Fischer voted aye. Absent and not voting: Members Steffes, Magelky, and Scherling. The motion was declared carried.
At 5:37 p.m., the Board took a five-minute recess.
After recess: All Members present except Morgan, Magelky, Steffes, and Scherling. Chair Fischer presiding.
Item 6: Urban Plains Northeast Retail 3rd Addition
6a. Hearing on an application requesting a CUP, Conditional Use Permit, to allow household living in a LC, Limited Commercial zoning district on a portion of Lot 4, Block 1, Urban Plains Northeast Retail Addition. (Located at 2720, 2740, 2760, and 2780 47th Street South and 4680 28th Avenue South) (Urban Plains Land Co., LLC/Clay Dietrich): APPROVED WITH CONDITIONS
6b. Hearing on an application requesting a Plat of Urban Plains Northeast Retail 3rd Addition (Minor Subdivision) on a portion of Lots 3 and 4, Block 1, Urban Pains Northeast Retail Addition to the City of Fargo, Cass County, North Dakota. (Located at 2720, 2740, 2760, and 2780 47th Street South and 4680 28th Avenue South) (Urban Plains Land Co., LLC/Clay Dietrich): APPROVED
Assistant Planner Kylie Bagley presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Clay Dietrich 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: 1) Subdivision Plat, Urban Plains Northeast Retail 3rd 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, and 2) the Conditional Use Permit to allow household living within the LC, Limited Commercial zoning district 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 maximum residential density shall be that of the MR-3, Multi-Dwelling Residential zoning district (24 units per acre).
2) A minimum of 35% of the lot shall remain as open space.
3) Parking lot approaches must be spaced at least 100 feet away from the roundabouts located on Brandt Drive South, as measured along the existing public access easements beginning at the Brandt Drive South right-of-way and ending at the centerline of such parking lot approach.
Second by Member Schneider. On call of the roll Members Sobolik, Gunkelman, Tasa, Stofferahn, and Schneider voted aye. Member Fischer voted nay. Absent and not voting: Members Morgan, Steffes, Scherling, and Magelky. The motion was declared carried.
Item 7: Rocking Horse East 2nd Addition
Hearing on an application requesting a Conditional Use Permit for warehouse, wholesale sales, manufacturing and production, and industrial services in the GC, General Commercial zoning district on Lots 1 and 2, Block 1, Rocking Horse East 2nd Addition. (Located at 5301 and 5353 51st Avenue South) (FLO, LLC/Don Dabbert Jr.): APPROVED WITH CONDITIONS
Planning Coordinator Maegin Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval. She noted an updated site plan was submitted to the Board.
Applicant Don Dabbert Jr., spoke on behalf of the application.
Member Sobolik moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow warehouse, wholesale sales, manufacturing and production, and industrial services in the GC, General Commercial zoning district 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 property shall not be used in whole or in part for storage of rubbish or debris of any kind whatsoever nor for the storage of any property or items that will cause such lot to appear untidy, unclean, or unsightly as determined by the Zoning Administrator; nor shall any substance, item, or material be kept on any lot that will emit foul odors, including compost sites and fertilizer. All garbage containers, including dumpsters, shall be concealed from public view by fence, screen wall, or building extension.
2) No outdoor storage of equipment or supplies.
3) Off-street parking, loading, and vehicular circulation areas have an all-weather surface, as defined by the Land Development Code.
4) The manufacturing, production, or processing of food and/or animal products shall not be permitted.
5) The manufacturing, production, or processing of hazardous chemicals or materials shall not be permitted.
6) A vegetative buffer shall be provided along the north property boundary if truck docks are present for the purposes of protecting residential development from more intense land-uses and providing visual screening. The vegetative buffer shall consist of two rows of plantings: one row of shrubs having a mature height of at least 6 feet, planted with a spacing of 8 feet, and one row of trees of varying species with a mature height ranging between 15-25 feet, planted with a spacing of 20 feet. The trees shall have mature heights of staggering altitude. These plantings shall be in addition to plantings required by Sections 20-0402.R and 20-0705.
7) Any expansion of industrial uses shall require an amendment to the Conditional Use Permit with review and approval by the Planning Commission.
8) The Conditional Use Permit shall terminate if all industrial uses cease for a period of more than 12 consecutive months.
Second by Member Schneider. On call of the roll Members Stofferahn, Sobolik, Tasa, Schneider, Gunkelman, and Fischer voted aye. Absent and not voting: Members Steffes, Scherling, Morgan, and Magelky. The motion was declared carried.
Item 8: The Basins on 100th Addition
Hearing on an application requesting a Plat of The Basins on 100th Addition (Minor Subdivision) a replat of Lot 6, Block 1, Commerce on I29 Addition, to the City of Fargo, Cass County, North Dakota. (Located at 4000 98th Avenue South) (RI Properties, LLC): APPROVED
Mr. Kress presented the staff report stating 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 subdivision plat, The Basins on 100th Addition as outlined in 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 Stofferahn. On call of the roll Members Tasa, Gunkelman, Sobolik, Stofferahn, and Fischer voted aye. Member Schneider abstained from voting. Absent and not voting: Members Morgan, Scherling, Steffes, and Magelky. The motion was declared carried.
Item 9: 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): WITHDRAWN
A hearing had been set for this date and time; however, the applicant has requested this item be withdrawn.
Item E: Other Items
The time at adjournment was 6:00 p.m.