Planning Commission - May 7, 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, May 7, 2019.
The Planning Commissioners present or absent were as follows:
Present: Shara Fischer, Scott Stofferahn, Mike Magelky, Brad Bachmeier, Dawn Morgan, Rocky Schneider, Melissa Sobolik, Mary Scherling, Jennifer Holtz
Absent: Maranda Tasa, John Gunkelman
Chair Fischer called the meeting to order.
Assistant Planning Director, Mark Williams, introduced the Planning Department’s new Assistant Planner, Maggie Squyer.
Business Items:
Item A: Approve Order of Agenda
Chair Fischer noted that Item 1 has been continued to June 4, 2019.
Member Magelky moved the Order of Agenda be approved as presented. Second by Member Sobolik. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of April 2, 2019
Member Stofferahn moved the minutes of the April 2, 2019 Planning Commission meeting be approved. Second by Member Schneider. All Members present voted aye and the motion was declared carried.
Item C: Brown Bag Luncheon combined with the Community Development Committee – Wednesday, May 15, 2019
Topic: Core Neighborhood Planning
Planning Director Nicole Crutchfield noted that the meeting is open to the public and there will be time on the agenda for public input and discussion.
Item D: Public Hearing Items
Item 1: Section 14, Township 138 North, Range 49 West
Continued hearing on an application requesting a Conditional Use Permit to allow for non-farm commercial uses in the Agricultural zoning district on a portion of the West half of the Southeast Quarter of Section 14, Township 138 North, Range 49 West. (Located at 2805 88th Avenue South) (Eric Baker) (dk): CONTINUED TO JUNE 4, 2019
A Hearing had been set for April 2, 2019. At the April 2, 2019 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to June 4, 2019.
Item 2: Timber Parkway Third Addition
Continued hearing on an application requesting a Zoning Change to repeal and reestablish a C-O, Conditional Overlay on Lots 3-4, Block 1, Timber Parkway Third Addition. (Located at 4801 and 5081 Timber Parkway South) (PLC Investments, LLC/Mike Dragosavich): DENIED
A Hearing had been set for April 2, 2019. At the April 2, 2019 meeting, the Hearing was continued to this date and time.
Planning Coordinator Maegin Elshaug provided an update on the BLU Water Creek Third Addition, Bentley Place First Addition, and Timber Creek Eighth Addition April Planning Commission Agenda Items, stating that all three applications were denied by the City Commission on May 6, 2019, each in a 4-1 vote.
Ms. Elshaug noted that this application has been modified to increase the sign size up to a 600 square foot sign; limit the sign location to the west 100 feet of 4801 Timber Parkway South, directly adjacent to Interstate 29; and remove 5081 Timber Parkway South, Lot 3, Block 1, Timber Parkway Third Addition, from the application.
Ms. Elshaug presented the staff report stating that approval criteria have not been met and staff is recommending denial.
Applicant Kyle Freier, Property Resource Group, spoke on behalf of the application.
Discussion was held regarding the application modification to increase the sign size from 300 square feet to 600 square feet, the creation of the original C-O, Conditional Overlay on the property that prohibited off-premise signs, and visibility of the proposed sign to the residential homes to the North.
Member Stofferahn moved the findings and recommendations of staff be accepted and denial be recommended to the City Commission of the proposed Zoning Change to repeal and reestablish a C-O, Conditional Overlay on the basis that it does not comply with the GO2030 Fargo Comprehensive Plan, the Standards of Section 20-0906.F (1-4) of other applicable requirements of the Land Development Code. Second by Member Sobolik. On call of the roll Members Magelky, Schneider, Scherling, Holtz, Sobolik, Stofferahn, Morgan, Bachmeier, and Fisher voted aye. Absent and not voting: Members Tasa and Gunkleman. The motion was declared carried.
Item 3: Huntington’s Addition
Hearing on an application requesting a Zoning Change from SR-2, Single-Dwelling Residential to P/I, Public and Institutional on Lot 24, Block 13, Huntington’s Addition. (Located at 1406 7th Street South) (Fargo Public Schools District 1/Obermiller Nelson Engineering): APPROVED
Planning Coordinator Aaron Nelson presented the staff report stating all approval criteria have been met and staff is recommending approval.
Steve Shilke, Obermiller Nelson Engineering, spoke on behalf of the application.
Discussion was held regarding green space, a residential landscaping buffer, and amount of parking spaces.
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 SR-2, Single-Dwelling Residential to P/I, Public and Institutional, as outlined within 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 Bachmeier. On call of the roll Members Schneider, Sobolik, Bachmeier, Scherling, Stofferahn, Holtz, Magelky, Morgan, and Fischer voted aye. Absent and not voting: Members Tasa and Gunkelman. The motion was declared carried.
Item 4: Fitzsimonds Addition
Hearing on an application requesting a Zoning Change to repeal and reestablish a C-O, Conditional Overlay on Lots 1-7, Block 1, Fitzsimonds Addition. (Located at 3716, 3740, 3750, 3760, and 3780 51st Avenue South; 5120 and 5168 38th Street South) (Fred M. Hector Revocable Trust/Nate Vollmuth): APPROVED
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval. Mr. Kress additionally reviewed the staff recommendations for each amendment.
Tyler Brandt, PACES Lodging, spoke on behalf of the application.
Member Bachmeier 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 with the staff recommendations for each amendment as outlined within the staff report as the proposal complies with the Section 20-0906.F (1-4) of the Land Development Code and all other applicable requirements of the Land Development Code. Second by Member Scherling. On call of the roll Members Scherling, Sobolik, Stofferahn, Holtz, Magelky, Morgan, Bachmeier, Schneider, and Fisher voted aye. Absent and not voting Members Tasa and Gunkelman. The motion was declared carried.
Item 5: Selkirk Place First Addition
5a. Hearing on an application requesting a Zoning Change from AG, Agricultural and GC, General Commercial to SR-2, Single-Dwelling Residential, SR-4, Single-Dwelling Residential, GC, General Commercial, and P/I, Public and Institutional on the proposed Selkirk Place First Addition. (2816, 2886, 2896, 2990, 3006, and 3340 64th Avenue South) (Earlyne Hector/R. Scott Carey): APPROVED
5b. Hearing on an application requesting a Plat of Selkirk Place First Addition (Major Subdivision) in the Northwest Quarter and Northeast Quarter of Section 11, Township 138 North, Range 49 West of the Fifth Principal Meridian, Cass County, North Dakota, including Auditors Lot 1 of said Northeast Quarter and a portion of Auditors Lot 2 of said Northeast Quarter and Lots 1, 2, 3, 17, 18, and 19, South Haven Subdivision. (Located at 2816, 2886, 2896, 2990, 3006, and 3340 64th Avenue South) (Earlyne Hector/R. Scott Carey): APPROVED
Mr. Kress provided additional information to the Board and presented the staff report stating all approval criteria have been met and staff is recommending approval.
City Commissioner Tony Grindberg noted that this plat contains a lot for an interchange of 64th Avenue and Interstate 29. He stated that a brown bag meeting will be held on Monday, May 13 to discuss the potential of an overpass versus an interchange for this area.
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 and GC, General Commercial to SR-2, Single-Dwelling Residential, GC, General Commercial, and P/I, Public and Institutional; and 2) Subdivision Plat, Selkirk Place First Addition as outlined within the staff report as the proposal complies with the 2007 Growth Plan, the Standards of Article 20-06, Section 20-0906.F (1-4) of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Morgan. On call of the roll Members Bachmeier, Magelky, Morgan, Scherling, Schneider, Sobolik, Holtz, Stofferahn, and Fischer voted aye. Absent and not voting: Members Tasa and Gunkelman. The motion was declared carried.
At 4:01 p.m., the Board took a five-minute recess.
After recess: All Members present except Members Tasa and Gunkelman. Chair Fischer presiding.
Item E: Other Items
Item 1: Annexation of approximately 171.972 acres of Auditor's Lots 1 and 2 of the Northeast Quarter of Section 11, Township 138 North, Range 49 West of the 5th Principal Meridian, Cass County North Dakota and part of the Northwest Quarter of Section 11, Township 138 North, Range 49 West of the 5th Principal Meridian, Cass County North Dakota, that lies East of the East right of way line of Interstate Highway 29. (Earlyne Hector): APPROVED
Mr. Kress 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 find that the proposed annexation of a portion of the Northwest Quarter of Section 11, Township 138 North, Range 49 West, 5th Principal Meridian, Cass County, North Dakota, that lies East of the East right of way line of Interstate Highway 29 and Auditor's Lots 1 and 2 of the Northeast Quarter of Section 11, Township 138 North, Range 49 West, 5th Principal Meridian, Cass County, North Dakota to be consistent with the 2007 Growth Plan. Second by Member Sobolik. On call of the roll Members Sobolik, Holtz, Bachmeier, Magelky, Morgan, Stofferahn, Schneider, Scherling, and Fischer voted aye. Absent and not voting: Members Tasa and Gunkelman. The motion was declared carried.
Item 2: Amendments to Community Development Block Grant (CDBG) 5-Year Consolidated Plan and 2018 Annual Action Plan: APPROVED
Planning Coordinator Tia Braseth provided an overview of the Amendments to the Community Development Block Grant (CDBG) 5-Year Consolidated Plan and the 2018 Annual Action Plan.
Ms. Braseth noted that the City of Fargo failed the Timely Expenditure Test and provided an overview of the City’s plan to restructure and develop a workout plan to come into compliance for 2020.
Member Sobolik moved to proceed with the CDBG/HOME amendments grant administration as presented. Second by Member Schneider. On call of the roll Members Stofferahn, Magelky, Sobolik, Schneider, Scherling, Morgan, Holtz, Bachmeier, and Fischer voted aye. Absent and not voting: Members Tasa and Gunkelman. The motion was declared carried.
The time at adjournment was 4:29 p.m.