Planning Commission - October 2, 2018
Regular Meeting:Tuesday, October 2, 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, October 2, 2018.
The Planning Commissioners present or absent were as follows:
Present: Shara Fischer, John Gunkelman, Mike Magelky, Dawn Morgan, Rocky Schneider, Maranda Tasa, Brad Bachmeier, Jennifer Holtz
Absent: Melissa Sobolik, Mary Scherling, Scott Stofferahn
Chair Fischer called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Member Gunkelman 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 September 4, 2018
Member Schneider moved the minutes of the September 4, 2018 Planning Commission meeting be approved. Second by Member Tasa. All Members present voted aye and the motion was declared carried.
Item C: October 17, 2018 Brown Bag Luncheon
Topic: To be determined
Item D: Public Hearing Items:
Item 1: Rocking Horse Farm 6th Addition
1a. Hearing on an application requesting a Zoning Change from AG, Agricultural to LC, Limited Commercial with a C-O, Conditional Overlay within the boundaries of the proposed Rocking Horse Farm 6th Addition. (Located at 5801 52nd Avenue South) (Janice L. Promersberger/Houston Engineering): CONTINUED TO NOVEMBER 6, 2018
1b. Hearing on an application requesting a Plat of Rocking Horse Farm 6th Addition (Minor Subdivision) on a portion of the Southeast. Quarter of Section 32, Township 139 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota. (Located at 5801 52nd Avenue South) (Janice L. Promersberger/Houston Engineering): CONTINUED TO NOVEMBER 6, 2018
A hearing had been set for September 4, 2018. At the September 4, 2018 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to November 6, 2018.
Item 2: St. Paul’s Newman Center Addition
2a. Hearing on an application requesting a Zoning Change from MR-3, Multi-Dwelling Residential, LC, Limited Commercial, and SR-3, Single-Dwelling Residential to MR-3, Multi-Dwelling Residential with a PUD, Planned Unit Development Overlay on the proposed St. Paul’s Newman Center Addition. (Located at 1113, 1117, 1119, 1129, 1131, 1141 North University Drive; 1112, 1118, 1122, 1126, 1130, 1134, 1138, 1142, 1146 12th Street North; 1201, 1211, 1213, 1215, 1223 11th Avenue North) (Roers Development): CONTINUED TO NOVEMBER 6, 2018
2b. Hearing on an application requesting a PUD, Planned Unit Development Master Land Use Plan within in the boundaries of the proposed St. Paul’s Newman Center Addition. (Located at 1113, 1117, 1119, 1129, 1131, 1141 North University Drive; 1112, 1118, 1122, 1126, 1130, 1134, 1138, 1142, 1146 12th Street North; 1201, 1211, 1213, 1215, 1223 11th Avenue North) (Roers Development): CONTINUED TO NOVEMBER 6, 2018
2c. Hearing on an application requesting a Plat of St. Paul’s Newman Center Addition (Minor Subdivision) a replat of Lots 1-10, Block 2, College Addition and Lots 1-4 and 15-23, Block 9, Bolley’s Addition, City of Fargo, Cass County, North Dakota. (Located at 1113, 1117, 1119, 1129, 1131, 1141 North University Drive; 1112, 1118, 1122, 1126, 1130, 1134, 1138, 1142, 1146 12th Street North; 1201, 1211, 1213, 1215, 1223 11th Avenue North) (Roers Development): CONTINUED TO NOVEMBER 6, 2018
A hearing had been set for September 4, 2018. At the September 4, 2018 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to November 6, 2018.
Item 3: Landis Farms Addition
Hearing on an application requesting a Plat of Landis Farms Addition (Minor Subdivision) a replat of Lots 3 and 4, Block 1, Northern Sheyenne Land Addition, City of Fargo, Cass County, North Dakota. (Located at 5002 19th Avenue North) (Tina Jacobson/Ben Hippe, LJA): CONTINUED TO NOVEMBER 6, 2018
A hearing had been set for this date and time; however, the applicant has requested this item be continued to November 6, 2018.
Item 4: Sincebaugh Addition
Hearing on an application requesting a Conditional Use Permit for household living in the LC, Limited Commercial Zone, on a portion of Lot 1, Block 1, Sincebaugh Addition) (Located at 4501 37th Avenue South) (Good Samaritan Society: APPROVED WITH CONDITIONS
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Sharon Clark, Evangelical Good Samaritan Society, spoke on behalf of the application.
Discussion was held regarding the pursuit of a Conditional Use Permit instead of a Zoning change, and the proposed site plan layout.
Adam Bures, 3730 Norman Court South, spoke in opposition to the application stating the following concerns; increased traffic and congestion; landscape and drainage issues; and height of the building near the residential homes.
Member Magelky moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow for 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 applicable requirements of the Land Development Code, with the following conditions:
1) The maximum residential density shall be that of the MR-1, Multi-Dwelling Residential zoning district (16 units per acre).
2) A minimum of 35% of the lot shall remain as open space.
Second by Member Morgan. On call of the roll Members Gunkelman, Holtz, Magelky, Tasa, Morgan, Bachmeier, Schneider, and Fischer voted aye. Absent and not voting: Members Stofferahn, Sobolik, and Scherling. The motion was declared carried.
Item 5: Jefferson Neighborhood Historic Overlay Zoning District
Hearing on an application requesting Zoning Change to establish the Jefferson Neighborhood Historic Overlay Zoning District on all of Eddy Place Addition; Blocks 10-16 and 24-43, Eddy & Fullers Auditors Lots; Blocks 1, 6, and 7, Case, Peake, & Hall Addition; and Blocks 1, 6, and 7, Fullers Addition. (Located South of 1st Avenue South, West of 14th Street South and University Drive South, North of 6th Avenue South and East of 15th Street South): CONTINUED TO NOVEMBER 6, 2018
A hearing had been set for this date and time; however, the applicant has requested this item be continued to November 6, 2018.
Item 6: Text Amendment
Hearing on an application requesting an LDC Text Amendment to amend Articles 20-02 through 20-07 and Article 20-09 of the Fargo Municipal Code (Land Development Code) relating to the correction of typos and errors; the clarification of existing standards; building material requirements in the DMU, Downtown Mixed-Use, zoning district; standards eligible for modification within a PUD, Planed Unit Development, zoning district; setbacks for accessory structures; floor area for home occupations; processes for alternative access plans; and vehicle drive-thru stacking spaces. (City of Fargo): APPROVED
Assistant Planner Barrett Voigt 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 moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Text Amendments to Articles 20-02 through 20-07 and Article 20-09 of the Fargo Municipal Code (Land Development Code), relating to the correction of typos and errors; the clarification of existing standards; building material requirements in the DMU, Downtown Mixed-Use, zoning district; standards eligible for modification within a PUD, Planned Unit Development, zoning district; setbacks for accessory structures; floor area for home occupations; processes for alternative access plans; and vehicle drive-thru stacking spaces, as the proposal meets the approval criteria of Subsection 20-0904.E(1-3) of the Land Development Code. Second by Member Magelky. On call of the roll Members Magelky, Gunkelman, Holtz, Morgan, Schneider, Tasa, Bachmeier, and Fischer voted aye. Absent and not voting: Members Stofferahn, Sobolik, and Scherling. The motion was declared carried.
Item E: Other Items:
Item 1: Review renewal plans for the Roosevelt Neighborhood
Strategic Planning Director Jim Gilmour presented the staff report stating staff is recommending approval and recommendation to the City Commission.
Discussion was held regarding the purpose of renewal plans, the timeline for removal of the dilapidated homes, and potential future plans for these areas.
Larry Nygard, Roers Development, spoke in favor of the renewal plans.
Discussion continued regarding neighborhood notification, and clarification on what the Planning Commission is voting on.
Planning Director Nicole Crutchfield spoke on behalf of the Planning Department.
Member Schneider moved to continue this item to the November 6, 2018 Planning Commission meeting. Second by Member Morgan. On call of the roll Member Schneider voted aye. Members Gunkelman, Holtz, Bachmeier, Tasa, Magelky, Morgan, and Fischer voted nay. Absent and not voting Members Stofferahn, Sobolik, and Scherling. The motion failed for lack of a majority.
City Attorney Eric Johnson stated there is not a TIF (Tax Incentive Financing) application for these areas at this time.
Bruce Taralson, Inspections Administrator, spoke on behalf of the Inspections Department.
Member Gunkelman moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission on the basis that the renewal plans are consistent with the GO2030 Comprehensive Plan of the City of Fargo. Second by Member Magelky. On call of the roll Members Tasa, Magelky, Schneider, Morgan, Holtz, Gunkelman, Bachmeier, and Fischer voted aye. Absent and not voting: Members Stofferahn, Sobolik, and Scherling. The motion was declared carried.
The time at adjournment was 4:05 p.m.