Planning Commission - February 5, 2019 Minutes
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 p.m., Tuesday, February 5, 2019.
The Planning Commissioners present or absent were as follows:
Present: Shara Fischer, John Gunkelman, Mike Magelky, Dawn Morgan, Brad Bachmeier, Jennifer Holtz, Maranda Tasa
Absent: Mary Scherling, Melissa Sobolik, Rocky Schneider, 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 1, 3a, 3b, and 7 have been continued to March 5, 2019
- Items 2a, 2b, and 4 have been withdrawn by the applicants
- Item E.1 to be heard before Items 10a and 10b
Member Magelky 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 January 3, 2019
Member Gunkelman moved the minutes of the January 3, 2019 Planning Commission meeting be approved. Second by Member Magelky. All Members present voted aye and the motion was declared carried.
Item C: February 20, 2019 Brown Bag Luncheon
Topic: To Be Determined
Item D: Public Hearing Items:
Item 1: NSC Addition
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 MARCH 5, 2019
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 July 3, 2018. At the July 3, 2018 meeting, the Hearing was continued to September 4, 2018. At the September 4, 2018 meeting, the Hearing was continued to November 6, 2018. At the November 6, 2018 meeting, the Hearing was continued to December 4, 2018. At the December 4, 2018 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to March 5, 2019.
Item 2: Rocking Horse Farm 6th Addition
2a. Continued 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): WITHDRAWN
2b. Continued 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): WITHDRAWN
A hearing had been set for September 4, 2018. At the September 4, 2018 meeting, the Hearing was continued to this October 2, 2018. At the October 2, 2018 meeting, the Hearing was continued to November 6, 2018. At the November 6, 2018 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be withdrawn.
Item 3: Timber Creek Ninth Addition
3a. Hearing on an application requesting a Zoning Change from SR-2, Single-Dwelling Residential to SR-4, Single-Dwelling Residential on the proposed Timber Creek Ninth Addition. (Located at 4726, 4736, 4746, 4756, 4766, 4776, and 4786 34th Street South) (Nate Vollmuth/PLC Investments): CONTINUED TO MARCH 5, 2019
3b. Hearing on an application requesting a Plat of Timber Creek Ninth Addition (Minor Subdivision) a replat of Lots 16-22, Block 3, Timber Creek First Addition, City of Fargo, Cass County, North Dakota. (Located at 4726, 4736, 4746, 4756, 4766, 4776, and 4786 34th Street South) (Nate Vollmuth/PLC Investments): CONTINUED TO MARCH 5, 2019
A Hearing had been set for January 3, 2019. At the January 3, 2019 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to March 5, 2019.
Item 4: Timber Creek Tenth Addition
Hearing on an application requesting a Plat of Timber Creek Tenth Addition (Minor Subdivision) a replat of Lots 1-7, Block 1, Timber Creek Third Addition, City of Fargo, Cass County, North Dakota. (Located at 3431, 3445, 3457, 3469, 3483, 3495, 3509 47th Avenue South) (Nate Vollmuth/PLC Investments): WITHDRAWN
A Hearing had been set for January 3, 2019. At the January 3, 2019 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be withdrawn.
Item 5: Eagle Valley Third Addition
5a. Hearing on an application requesting a Zoning Change from MR-2, Multi- Dwelling Residential to MR-2, Multi-Dwelling Residential and SR-4, Single-Dwelling Residential on the proposed Eagle Valley Third Addition. (Located at 7301 23rd Street South) (Jon Youness): APPROVED
5b. Hearing on an application requesting a Plat of Eagle Valley Third Addition (Major Subdivision) a replat of Lot 1, Block 6, Eagle Valley Addition, City of Fargo, Cass County, North Dakota. (Located at 7301 23rd Street South) (Jon Youness): APPROVED
Member Morgan present.
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the double fronting lots and the policy for snow removal and boulevard mowing.
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 MR-2, Multi-Dwelling Residential to MR-2, Multi-Dwelling Residential and SR-4, Single-Dwelling Residential and 2) Subdivision Plat, Eagle Valley Third 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 Bachmeier, Gunkelman, Magelky, Morgan, Holtz, Tasa, and Fischer voted aye. Absent and not voting: Members Stofferahn, Sobolik, Scherling, and Schneider. The motion was declared carried.
Item 6: Schatz Fourth Addition
Hearing on an application requesting a Zoning Change to repeal and reestablish a C-O, Conditional Overlay on Schatz Fourth Addition. (Located at 5622, 5630, 5650 34th Avenue South; 5621, 5631, and 5651 36th Avenue South; and 3435, 3475, and 3501 56th Avenue South) (Jon Youness): APPROVED
Assistant Planner Kylie Bagley presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Tasa moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Zoning Change to repeal and re-establish a C-O, Conditional Overlay on Lots 1-4, Block 1, Schatz 4th Addition as outlined within the staff report on the basis that 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 Morgan. On call of the roll Members Holtz, Magelky, Gunkelman, Morgan, Tasa, Bachmeier, and Fischer voted aye. Absent and not voting: Members Stofferahn, Sobolik, Scherling, and Schneider. The motion was declared carried.
Item 7: Prairie Farms Second Addition
Hearing on an application requesting a Plat of Prairie Farms Second Addition (Minor Subdivision) a replat of Lots 1-3, Block 4, Prairie Farms Addition, City of Fargo, Cass County, North Dakota. (Located at 6059, 6069, and 6087 Prairie Grove Court South) (Bronson Mathiason/Prairie Grove Inc. and Dietrich Homes Inc.): CONTINUED TO MARCH 5, 2019
A Hearing had been set this date and time, however, the applicant has requested this item be continued to March 5, 2019.
Item 8: Liberty Square Addition
Hearing on an application requesting a Conditional Use Permit to allow Manufacturing and Production in the GC, General Commercial zoning district on Lot 1, Block 1, Liberty Square Addition. (Located at 2121 43rd Street South) (Global Development LLC): APPROVED WITH CONDITIONS
Planning Coordinator Aaron Nelson presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Tasa moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow Manufacturing and Production in the GC, General 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 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) Off-street parking, loading, and vehicular circulation areas (including circulation areas internal to storage areas) shall have an all-weather surface, as defined by the Land Development Code.
3) The manufacturing, production, or processing of food and/or animal products shall not be permitted.
4) The manufacturing, production, or processing of hazardous chemicals or materials shall not be permitted.
5) The Conditional Use Permit shall terminate if the manufacturing and production use cease for a period of 12 consecutive months.
Second by Member Morgan. On call of the roll Members Tasa, Magelky, Morgan, Holtz, Gunkelman, Bachmeier, and Fischer voted aye. Absent and not voting: Members Stofferahn, Sobolik, Scherling, and Schneider. The motion was declared carried.
Item 9: The Basins at 39th Addition
Hearing on an application requesting a Plat of The Basins at 39th Addition (Minor Subdivision) a replat of Lot 2, Block 1, Commerce on I-29 Addition, City of Fargo, Cass County, North Dakota. (Located at 9600 39th Street South) (Jesse Riley): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held regarding the location of right-of-way access from each lot.
Member Magelky moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat, The Basins at 39th 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 Morgan, Magelky, Holtz, Gunkelman, Tasa, Bachmeier, and Fischer voted aye. Absent and not voting: Members Stofferahn, Sobolik, Scherling, and Schneider. The motion was declared carried.
Item E.1 was heard before Item 10a and 10b.
Item 10: Airport First Addition
10a. Hearing on an application requesting a Zoning Change from LI, Limited Industrial to LC, Limited Commercial on the South 125 feet of Lot 4, Block 3, Airport First Addition. (Located at 2102 12th Street North) (Rich Meier/YHR Partners): APPROVED
10b. Hearing on an application requesting a Conditional Use Permit to allow residential living in a LC, Limited Commercial zoning district on the South 125 feet of Lot 4, Block 3, Airport First Addition. (Located at 2102 12th Street North) (Rich Meier/YHR Partners): APPROVED WITH CONDITIONS
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Rich Meier, YHR Partners, gave a presentation in support of the application.
Bill Bienek, property owner, spoke on behalf of the application.
Discussion was held regarding the anticipated rental rates of the market place housing, location of parking, and the current retail space.
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 LI, Limited Industrial to LC, Limited Commercial, 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, and 2) the Conditional Use Permit to allow residential living in the LC, Limited Commercial zoning district be approved as outlined within the staff report 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 30% of the lot shall remain as open space.
3) Bicycle parking facilities, such as bike racks or bike lockers, shall be provided on-site.
Second by Member Gunkelman. On call of the roll Members Magelky, Morgan, Bachmeier, Holtz, Tasa, Gunkelman, and Fischer voted aye. Absent and not voting: Members Stofferahn, Sobolik, Scherling, and Schneider. The motion was declared carried.
Item E: Other Items:
Item 1: Request for Planning Commission approval of a variance to restrictive covenants on the South 125 feet of Lot 4, Block 3, Airport First Addition. (Located at 2102 12th Street North) (Rich Meier/YHR Partners): APPROVED
Mr. Kress gave a brief history of the restrictive covenants and presented the staff report stating all approval criteria have been met and staff is recommending approval. He also stated that sufficient signatures supporting the proposed change from property owners in the Airport First Addition have been obtained.
Discussion was held regarding the signature collection process and it was clarified that this variance applies to this lot only.
Member Morgan moved the findings and recommendations of staff be accepted and the proposed variance to the restrictive covenants be approved as outlined within the staff report on Lot 2, Block 2, Airport First Addition. Second by Member Gunkelman. On call of the roll Members Gunkelman, Morgan, Holtz, Tasa, Magelky, Bachmeier, and Fischer voted aye. Absent and not voting: Members Stofferahn, Sobolik, Scherling, and Schneider. The motion was declared carried.
Item 2: Overview of Land Development Code (LDC) Analysis and Core Neighborhood Plan
Assistant Planning Director Mark Williams gave an overview on the work staff has been doing to move forward with a Land Development Code analysis. He shared the two projected phases of the project and noted the goal to update the Land Development Code using the assistance of a third party consultant.
Discussion was held regarding the history and structure of the Land Development Code, and the importance of having a third party point of view
Planning Director Nicole Crutchfield stated that a consultant would provide a fresh perspective of the Land Development code and a check of any bias. She noted that the Land Development Code can be varied using the process of Planned Unit Developments and Conditional Use Permits.
City Attorney Erik Johnson stated that the Land Development Code allows for changes, and there is a process and structure to request the changes.
Mr. Williams noted that an upcoming Brown Bag meeting will provide a more thorough analysis of the process and that the first phase of the process should take about a year.
Mr. Williams continued sharing an update of staff’s work on developing a Core Neighborhood Plan. He noted that this process would build off work from the previous Residential Land Development Task Force and coordinate with the Community Development Committee.
Discussion was held regarding which areas of town would be classified as the Core Neighborhoods and what other entities would be involved.
Ms. Crutchfield stated that today’s introduction to this item is the first step of the process and that there will be many stakeholders in developing this plan, including consultants.
Ms. Crutchfield noted that this item will be further introduced at the February Brown Bag meeting, and that a survey will be going out to Board members to determine the best date and time to hold upcoming Brown Bag meetings.
The time at adjournment was 4:06 p.m.