Planning Commission - December 3, 2019 Minutes
The Regular Meeting of the Board of Planning Commissioners of the City of Fargo, North Dakota, was held in the Commission Chambers at City Hall at 3:00 p.m., Tuesday, December 3, 2019.
The Planning Commissioners present or absent were as follows:
Present: John Gunkelman, Mike Magelky, Mary Scherling, Melissa Sobolik, Scott Stofferahn, Maranda Tasa, Brad Bachmeier, Jennifer Holtz, Art Rosenberg
Absent: Rocky Schneider, Dawn Morgan
Chair Gunkelman called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Chair Gunkelman noted the following Agenda items:
- Item 1 has been continued to February 4, 2020.
- Items 2 and 4 have been continued to January 7, 2020.
- Item 3 has been withdrawn by the applicant.
Member Magelky moved the Order of Agenda be approved as presented. Second by Member Tasa. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of November 5, 2019
Member Stofferahn moved the minutes of the November 5, 2019 Planning Commission meeting be approved. Second by Member Rosenberg. All Members present voted aye and the motion was declared carried.
Item C: December 2019 Brown Bag Luncheon – No Meeting scheduled for December
Item D: Public Hearing Items
Item 1: Commerce on 12th Fifth Addition
Continued hearing on an application requesting a Plat of Commerce on 12th Fifth Addition (Minor Subdivision) a replat of Lots 4-5, Block 1, Commerce on 12th Third Addition, to the City of Fargo, Cass County, North Dakota. (Located at 5570 and 5590 13th Avenue North) (Fargo Commercial Properties/ PRG): CONTINUED TO FEBRUARY 4, 2019
A Hearing had been set for October 1, 2019. At the October 1, 2019 meeting, the Hearing was continued to November 5, 2019. At the November 5, 2019 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to February 4, 2020.
Item 2: Rail Crossing First Addition
Continued hearing on an application requesting a Plat of Rail Crossing First Addition (Minor Subdivision) a replat of Lots 6-20, Block 11; Lots 14-21, Block 12; portion of the vacated alley in Block 11; and a portion of vacated 22nd Street; all in Tyler’s Addition, to the City of Fargo, Cass County, North Dakota. (Located at 2161 and 2215 3rd Avenue North; 321 23rd Street North) (Rail Crossing LLC/Fabricators Unlimited): CONTINUED TO JANUARY 7, 2020
A Hearing had been set for October 1, 2019. At the October 1, 2019 meeting, the Hearing was continued to November 5, 2019. At the November 5, 2019 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to January 7, 2020.
Item 3: Eddy & Fullers Auditors Outlots
Continued hearing on an application requesting a Zoning Change from SR-3, Single-Dwelling Residential to MR-1, Multi-Dwelling Residential on Lot E and the South 40 feet adjacent to Lot E, Block 37, Eddy & Fullers Auditors Outlots. (Located at 1437 6th Avenue South) (James and Carol Baum Living Trust): WITHDRAWN
A Hearing had been set for November 5, 2019. At the November 5, 2019 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be withdrawn.
Item 4: Valley View Estates Addition
4a. Hearing on an application requesting a Growth Plan Amendment of the proposed Valley View Estates Addition. (Located at 4952, 5052, and 5080 36th Avenue South) (K Square Development LLC/ Eagle Ridge Development LLC): CONTINUED TO JANUARY 7, 2020
4b. Hearing on an application requesting a Zoning Change from AG, Agricultural to SR-4, Single-Dwelling Residential, MR-2, Multi-Dwelling Residential, and P/I, Public and Institutional within the proposed Valley View Estates Addition. (Located at 4952, 5052, and 5080 36th Avenue South) (K Square Development LLC/ Eagle Ridge Development LLC): CONTINUED TO JANUARY 7, 2020
4c. Hearing on an application requesting a Plat of Valley View Estates Addition (Major Subdivision) a plat of an unplatted portion of the Southwest Quarter and the Southeast Quarter of Section 28, Township 139 North, Range 48 West of the 5th Principal Meridian to the City of Fargo, Cass County, North Dakota. (Located at 4952, 5052, and 5080 36th Avenue South) (K Square Development LLC/ Eagle Ridge Development LLC): CONTINUED TO JANUARY 7, 2020
A Hearing had been set for this date and time; however, the applicant has requested this item be continued to January 7, 2020.
Item 5: Prairie Grove Fifth Addition
5a. Hearing on an application requesting a Zoning Change from LC, Limited Commercial with a C-O, Conditional Overlay to MR-3, Multi-Dwelling Residential on the proposed Prairie Grove Fifth Addition. (Located at 5354 26th Street South) (Prairie Grove Inc./Great States Construction): APPROVED
5b. Hearing on an application requesting a Plat of Prairie Grove Fifth Addition (Minor Subdivision) a replat of Lot 1, Block 4, Prairie Grove First Addition to the City of Fargo, Cass County, North Dakota. (Located at 5354 26th Street South) (Prairie Grove Inc./Great States Construction): APPROVED
Planner Kylie Bagley presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Stofferahn moved the findings and recommendation of staff be accepted and approval be recommended to the City Commission of the 1) Zoning Change from LC, Limited Commercial, with a C-O, Conditional Overlay to MR-3, Multi-Dwelling Residential and repeal of the existing C-O, Conditional Overlay and 2) Subdivision Plat, Prairie Grove Fifth Addition as outline within 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 Scherling. On call of the roll Members Bachmeier, Scherling, Magelky, Rosenberg, Sobolik, Holtz, Stofferahn, Tasa, and Gunkelman voted aye. Absent and not voting: Members Morgan and Schneider. The motion was declared carried.
Item 6: Progressive Retail Center Addition
Hearing on an application requesting a Plat of Progressive Retail Center Addition (Minor Subdivision) a replat of portions of Lots 1-2, Block 2 of Replat of Interstate Services Subdivision to the City of Fargo, Cass County, North Dakota. (Located at 1015 38th Street North) (RM Realty Fargo LLC/MBN Engineering): APPROVED
Assistant Planner Maggie Squyer 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 Progressive Retail Center Addition 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 Stofferahn. On call of the roll Members Rosenberg, Sobolik, Magelky, Holtz, Scherling, Stofferahn, Tasa, Bachmeier, and Gunkelman voted aye. Absent and not voting: Members Schneider and Morgan. The motion was declared carried.
Item 7: Liberty Square Fifth Addition
Hearing on an application requesting a Plat of Liberty Square Fifth Addition (Minor Subdivision) a replat of Lots 1-2, Block 1, Liberty Square Fourth Addition to the City of Fargo, Cass County, North Dakota. (Located at 4351 and 4445 23rd Avenue South) (Michael J. Bullinger/Cityscapes Development): APPROVED
Ms. Squyer 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 Subdivision Plat Liberty Square Fifth 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 Rosenberg. On call of the roll Members Tasa, Sobolik, Holtz, Bachmeier, Rosenberg, Magelky, Stofferahn, Scherling, and Gunkelman voted aye. Absent and not voting: Members Morgan and Schneider. The motion was declared carried.
Item 8: Lane’s Subdivision of Block 69 of Ohmer’s Subdivision
8a. Hearing on an application requesting a Zoning Change from MR-3, Multi-Dwelling Residential to LC, Limited Commercial on a portion of Lots 7 and 8 and a portion of the adjacent vacated alley of Lane’s Subdivision of Block 69 of Ohmer’s Subdivision. (Located at 1206 13th Avenue North) (Sigma Psi Housing LLC/MBN Engineering, Inc.): APPROVED
8b. Hearing on an application requesting a Conditional Use Permit to allow Group Living in the LC, Limited Commercial zoning district on a portion of Lots 1 and 2, a portion of the adjacent vacated alley, and a portion of Lots 7 and 8 of Lane’s Subdivision of Block 69 of Ohmer’s Subdivision. (Located at 1261 University Drive North and 1206 13th Avenue North) (Sigma Psi Housing LLC/MBN Engineering, Inc.): APPROVED
8c. Hearing on an application requesting a Conditional Use Permit to allow an Alternative Access Plan on a portion of Lots 1 and 2, a portion of the adjacent vacated alley, and a portion of Lots 7 and 8 of Lane’s Subdivision of Block 69 of Ohmer’s Subdivision. (Located at 1261 University Drive North and 1206 13th Avenue North) (Sigma Psi Housing LLC/MBN Engineering, Inc.): APPROVED
Planning Intern Luke Morman presented the staff report stating all approval criteria have been met and staff is recommending approval.
Harold Thompson, Roosevelt Neighborhood Association representative, spoke in favor of the application. He stated that the neighborhood supports this project and is pleased with the scale, design, and addition of onsite parking to the property.
Applicant Representative, Tony Eukel, MBN Engineering, spoke on behalf of the application.
Member Stofferahn moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Zoning Change from MR-3, Multi-Dwelling Residential to LC, Limited Commercial; and the Conditional Use Permits be approved to allow 2) Group Living in the LC, Limited Commercial Zoning District, and 3) an Alternative Access Plan as outlined within the staff report as the proposal complies with Section 20-0909.D (1-6), Section 20-0906.F, Section 20-0402.E, and all other applicable requirements of the Land Development Code with the following condition for the Conditional Use Permit for an Alternative Access Plan:
1) The Conditional Use Permit will cease of the land use changes from Group Living.
2) Eight Parking Stall are required on site.
3) Bicycle parking facilities, such as bike racks, or bike lockers, shall be provided on-site.
4) Continue to provide additional parking spaces off-site from North Dakota State University (NDSU) in order to meet the parking requirements of the Land Development Code.
Second by Member Bachmeier. On call of the roll Members Sobolik, Stofferahn, Tasa, Rosenberg, Holtz, Scherling, Bachmeier, and Gunkelman voted aye. Member Magelky abstained from voting. Absent and not voting: Members Morgan and Schneider. The motion was declared carried.
Item E: Other Items:
Item 1: Approval of 2020 Planning Commission Calendar
Chair Gunkelman presented the 2020 Planning Commission meeting dates.
Member Magelky moved to approve the calendar as presented. Second by Member Stofferahn. All Members present voted aye and the motion was declared carried.
The time at adjournment was 3:19 p.m.