Planning Commission - May 1, 2018 Minutes

Regular Meeting:Tuesday, May 1, 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, May 1, 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, Brad Bachmeier

Absent: Mary Scherling

Chair Fischer welcomed the new Planning Commissioner Brad Bachmeier and called the meeting to order.

Business Items:
Item A: Approve Order of Agenda
Chair Fischer noted the following Agenda items:
- Item C the May Brown Bag meeting has been cancelled.
- Items 1a, 1b, 1c, and 1d have been continued to the July 3, 2018 Planning Commission meeting.
- Item 3 has been withdrawn by the applicant.
- Items 4, 6, 9, and 10 have been continued to the June 5, 2018 Planning Commission meeting.

Member Stofferahn 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 April 3, 2018
Member Stofferahn moved the minutes of the April 3, 2018, Planning Commission meeting be approved. Second by Member Schneider. All Members present voted aye and the motion was declared carried.

Item C: Wednesday, May 16, 2018 Brown Bag Luncheon - CANCELLED

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 JULY 3, 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 JULY 3, 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 JULY 3, 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 JULY 3, 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 this date and time; however, the applicant has requested this item be continued to July 3, 2018.

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): APPROVED

2b. Continued hearing on an application requesting a Plat of Madelyn’s Meadows Addition (Major Subdivision) a replat of a portion of the Northeast Quarter of the Southeast Quarter of Section 11, Township 138 North, Range 49 West, Cass County, North Dakota. (Located at 7269 25th Street South) (Sitka Investments, LLC/Jon Youness): APPROVED
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 April 3, 2018. At the April 3, 2018 meeting, the Hearing was continued to this date and time.

Planning Coordinator Donald Kress presented the staff report stating that all approval criteria have been met and staff is recommending approval.

Applicant Jon Youness 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) 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; and 2) Subdivision Plat, Madelyn’s Meadows First Addition, as outlined in the staff report, as the proposal complies with 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 Sobolik. On call of the roll Members Magelky, Schneider, Steffes, Sobolik, Stofferahn, Morgan, Bachmeier, Gunkelman, Tasa, and Fischer voted aye. Absent and not voting: Member Scherling. The motion was declared carried.

Item 3: 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 April 3, 2018. At the April 3, 2018 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be withdrawn.

Item 4: Urban Plains by Brandt 1st Addition
Hearing on an application requesting a Zoning Change to repeal and reestablish a C-O, Conditional Overlay, on Lot 1, Block 4, Lots 2-4, Block 5, and Lots 3-4, Block 8, Urban Plains by Brandt 1st Addition; Lots 2-3, Block 1, Lot 2, Block 2, Lot 1, Block 3, Lots 2-3, Block 5, and part of Lot 1, Block 5, Urban Plains by Brandt 2nd Addition; Lots 5-6, Block 1, Urban Plains Medical Park Addition; Lots 7-9 and part of Lot 10, Block 1, Urban Plains Retail Addition; Lots 1-3, Block 3 and Lot 1, Block 4, Urban Plains Center Addition; Parts of Lots 3 and 5, and all of Lot 4, Block 1, Urban Plains Northeast Retail Addition; and Lots 2-3, Block 1, Urban Plains Northeast Retail 2nd Addition. (Located at 4680, 5100, and 5101 28th Avenue South; 4651 and 4845 30th Avenue South; 5298 31st Avenue South; 4543 and 4737 32nd Avenue South; 2911 45th Street South; 2640, 2660, 2720, 2740, 2760, and 2780 47th Street South; 3180 49th Street South; 3023, 3057, 3079, and 2701 51st Street South; 2633 and 2867 55th Street South; 2907, 2915, 2949, 2975, 3037, and 3151 Seter Parkway South; 3050 and 3155 Brandt Drive South; and 4574 Urban Plains Drive South) (Urban Plains Land Company LLC/Houston Engineering, Inc.): CONTINUED TO JUNE 5, 2018
A hearing had been set for this date and time; however, the applicant has requested this item be continued to June 5, 2018.

Item 5: Timber Parkway Third Addition
Hearing on an application requesting a Plat of Timber Parkway Third Addition (Minor Subdivision) a replat of part of Lot 3, Block 1, Timber Parkway Second Addition and Lots 2-6, Block 1, Timber Parkway First Addition to the City of Fargo, Cass County, North Dakota. (Located at 4801, 5003, 5055, 5081, 5107, and 5161 Timber Parkway South) (PLC Investments, LLC/Nate Vollmuth): 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.

Member Stofferahn moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed subdivision plat, Timber Parkway Third 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 Schneider. On call of the roll Members Bachmeier, Gunkelman, Magelky, Morgan, Schneider, Sobolik, Steffes, Stofferahn, Tasa, and Fischer voted aye. Absent and not voting: Member Scherling. The motion was declared carried.

Item 6: Brandt Crossing Fourteenth Addition
Hearing on an application requesting a Plat of Brandt Crossing Fourteenth Addition (Minor Subdivision) a replat of Lot 2, Block 1, Brandt Crossing Tenth Addition; Lot 2, Block 1, Brandt Crossing Eleventh Addition; Lot 2, Block 1 Brandt Crossing Twelfth Addition; and, Brandt Crossing Thirteenth Addition to the City of Fargo, Cass County, North Dakota. (Located at 5049 33rd Avenue South and 3252, 3266, 3274, and 3284 51st Street South) (Brandt Crossing, LLC/Nate Vollmuth): CONTINUED TO JUNE 5, 2018
A hearing had been set for this date and time; however, the applicant has requested this item be continued to June 5, 2018.

Item 7: Valley View 4th Addition
Hearing on an application requesting a Zoning Change from MR-1, Multi-Dwelling Residential to SR-5, Single-Dwelling Residential, on Lot 1, Block 5, Valley View 4th Addition. (Located at 3651 56th Street South) (Commerce of 56th LLC/Brian Kounovsky): APPROVED
Assistant Planner Kylie Bagley presented the staff report stating that 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 SR-5, Single-Dwelling Residential, as outlined in the staff report, as the proposal 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 Gunkelman. On call of the roll Members Gunkelman, Sobolik, Steffes, Bachmeier, Tasa, Magelky, Morgan, Stofferahn, Schneider, and Fischer voted aye. Absent and not voting: Member Scherling. The motion was declared carried.

Item 8: Ohmers Addition
Hearing on an application requesting a Zoning Change from SR-3, Single-Dwelling Residential to P/I, Public and Institutional with a C-O, Conditional Overlay for Lots 13-16, Ohmers Addition. (Located at 1401, 1407, 1409, 1413, and 1415 8th Street North, and 1402, 1406, 1410, 1412, 1414, and 1420 7th Street North) (Holy Spirit Catholic Church and School): APPROVED
Ms. Bagley presented the staff report stating that all approval criteria have been met and staff is recommending approval.

Discussion was held on the type and location of the sign the applicant is proposing to install.

Member Schneider 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 P/I, Public and Institutional with a C-O, Conditional Overlay for Lots 13-16, Ohmer’s Addition, as outlined in the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, 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 Tasa, Stofferahn, Steffes, Sobolik, Schneider, Morgan, Magelky, Gunkelman, Bachmeier, and Fisher voted aye. Absent and not voting: Member Scherling. The motion was declared carried.

Item 9: 19th Avenue Southwest Pond Addition
Hearing on an application requesting a Plat of 19th Avenue Southwest Pond Addition (Major Subdivision) a plat of part of the Southeast Quarter of Section 28, Township 140 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota. (Located at 2102 45th Street North) (Montplaisir Ag & Rental LLP): CONTINUED TO JUNE 5, 2018
A hearing had been set for this date and time; however, the applicant has requested this item be continued to June 5, 2018.

Item 10: 19th Avenue Northeast Pond Addition
Hearing on an application requesting a Plat of 19th Avenue Northeast Pond Addition (Major Subdivision) a plat of part of the Southeast Quarter of Section 28, Township 140 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota. (Located at 2102 45th Street North) (Montplaisir Ag & Rental LLP): CONTINUED TO JUNE 5, 2018
A hearing had been set for this date and time; however, the applicant has requested this item be continued to June 5, 2018.

Item 11: Larkin Addition
11a. Hearing on an application requesting a Zoning Change from AG, Agricultural to LI, Limited Industrial, within the boundaries of the proposed Larkin Addition. (Located at 3949 37th Avenue South; 3555 and 3611 38th Street South; and 3552 and 3600 39th Street South) (Larkin Properties, LLP/Brian Pattengale): APPROVED

11b. Hearing on an application requesting a Plat of Larkin Addition (Minor Subdivision) a replat of Lots 1-2, Block 1, Larson Addition; part of Lot 2, Block 1, Collins Third Subdivision; vacated portions of 36th Avenue South and 36th Street South; and an unplatted portion of the Southeast Quarter of Section 27, Township 139 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota. (Located at 3949 37th Avenue South; 3555 and 3611 38th Street South; and 3552 and 3600 39th Street South) (Larkin Properties, LLP/Brian Pattengale): APPROVED
Planning Coordinator Aaron Nelson 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 approval be recommended to the City Commission of the proposed: 1) Zoning Change from AG, Agricultural to LI, Limited Industrial, and 2) Subdivision Plat, Larkin Addition, as outlined in the staff report as the proposal complies with the Adopted Area Plan, the Standards of Article 20-06 and 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 Magelky, Schneider, Steffes, Tasa, Stofferahn, Morgan, Bachmeier, Gunkelman, Sobolik, and Fischer voted aye. Absent and not voting: Member Scherling. The motion was declared carried.

Item 12: Minnkota Section 16 1st Subdivision
Hearing on an application requesting a Plat of Minnkota Section 16 1st Subdivision (Major Subdivision) a replat of Minnkota Section 16 Subdivision, and an unplatted portion of the Northwest Quarter of Section 16, Township 138 North, range 49 West, Cass County, North Dakota. (Located at 5181 76th Avenue South) (Minnkota Power Cooperative/Blake Sexton): APPROVED
Mr. Kress presented the staff report stating that all approval criteria have been met and staff is recommending approval.

Applicant Representative Brian Hoffart, MinnKota Power, 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 Subdivision Plat, Minnkota Section 16 1st Subdivision as outlined in the staff report, as the proposal complies with the 2007 Growth 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 Schneider, Tasa, Bachmeier, Stofferahn, Sobolik, Steffes, Magelky, Gunkelman, Morgan, and Fischer voted aye. Absent and not voting: Member Scherling. The motion was declared carried.

Item 13: Maple Valley Fourth Addition
Hearing on an application requesting a Plat of Maple Valley Fourth Addition (Minor Subdivision) a replat of Lot 2, Block 7, Maple Valley Addition, to the City of Fargo, Cass County, North Dakota. (Located at 3350, 3430, 3460, 3480, and 3540 63rd Avenue South) (Verazity Properties, LLC/Jon Miller): APPROVED
Assistant Planner Barrett Voigt 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 Subdivision Plat, Maple Valley 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 Gunkelman, Stofferahn, Tasa, Steffes, Bachmeier, Magelky, Schneider, Morgan, Sobolik, and Fischer voted aye. Absent and not voting: Member Scherling. The motion was declared carried.

Item E: Other Items:
Item 1: Annexation of approximately 35.22 acres of the Southeast Quarter of Section 11, Township 138 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota. (Sitka Investments): APPROVED
Mr. Kress presented the staff report for the proposed annexation stating all approval criteria have been met and staff is recommending approval.

Discussion was held on the location and maintenance of the drain on the property.

Member Schneider moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed annexation of a portion of the Southeast Quarter of Section 11, Township 138 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota as it is consistent with the 2007 Growth Plan. Second by Member Tasa. On call of the roll Members Gunkelman, Sobolik, Morgan, Steffes, Tasa, Magelky, Schneider, Stofferahn, Bachmeier, and Fischer voted aye. Absent and not voting: Member Scherling. The motion was declared carried.

Item 2: Appeal of an Administrative Decision to Approve a Residential Protection Standard (RPS) waiver on a property located at 1314 12th Street North. (Ohmer’s Addition): APPROVED
Ms. Bagley presented the staff report for the appeal of an administrative decision. She noted that staff has received three written appeals.

Applicant Eric Miller, spoke on behalf of the proposal.

Discussion was held regarding the fence on the property line.

Member Gunkelman moved the findings and recommendations of staff be accepted and the request for a waiver of the residential protection standards be approved as presented, with the requirements that in lieu of a standard landscape buffer and 10-foot parking setback as outlined in the Land Development Code Section 20-0704, the petitioner shall be required to meet the following conditions:

1. Provide continuous plantings of perennial grasses along the northern property line as well as provide shrubs and perennial grasses directly northeast and northwest of the parking stalls to provide buffering, as indicated on the plan.

2. Property owner must move the fence off the property and onto the adjacent property to the north. Adjacent property owner owns the fence.

Second by Member Magelky. On call of the roll, Members Bachmeier, Steffes, Morgan, Gunkelman, Magelky, Tasa, Schneider, Sobolik, Stofferahn, and Fischer voted aye. Absent and not voting: Member Scherling. The motion was declared carried.

The time at adjournment was 3:43 p.m.