Planning Commission - May 5, 2020 Minutes
The Regular Meeting of the Board of Planning Commissioners of the City of Fargo, North Dakota, was held virtually at 3:00 p.m., Tuesday, May 5, 2020.
The Planning Commissioners present or absent were as follows:
Present: John Gunkelman, Mary Scherling, Rocky Schneider, Melissa Sobolik, Scott Stofferahn, Maranda Tasa, Brad Bachmeier, Dawn Morgan, Art Rosenberg
Absent: Jennifer Holtz
Chair Gunkelman called the meeting to order and extended thanks to Mike Magelky for his years of service on the Planning Commission.
Business Items:
Item A: Approve Order of Agenda
Chair Gunkleman noted the following agenda items:
-Items 12 and 15 have been continued to the June 2, 2020 meeting.
Member Schneider 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 March 3, 2020
Member Bachmeier moved the minutes of the March 3, 2020 Planning Commission meeting be approved. Second by Member Stofferahn. All Members present voted aye and the motion was declared carried.
Item C: May 20, 2020 Brown Bag Luncheon: Cancelled
Item D: Public Hearing Items
Item 1: Brandt Crossing 14th Addition
Hearing on an application requesting a Zoning Change to repeal and reestablish a C-O, Conditional Overlay on Lot 1, Block 1, Brandt Crossing 14th Addition and the south 60 feet of Lot 2, Block 1, Brandt Crossing 6th Addition (Located at 3244 51st Street South) (M & L Enterprises LLC/Tanner Brandt): APPROVED
Planning Coordinator Maegin Elshaug 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 Zoning Change to repeal and reestablish a C-O, Conditional Overlay, as outlined within 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 Schneider. On call of the roll Members Scherling, Tasa, Morgan, Bachmeier, Stofferahn, Rosenberg, Schneider, Sobolik, and Gunkelman voted aye. Absent and not voting: Member Holtz. The motion was declared carried.
Item 2: Northern Sheyenne Land Third Addition
2a. Hearing on an application requesting a Zoning Change from GI, General Industrial to LI, Limited Industrial on the proposed Northern Sheyenne Land Third Addition. (Located at 1805, 1810, 1820, 1821, 1840, and 1841 Sheyenne Loop North) (Kelmar Property 6, LLC/Houston Engineering): APPROVED
2b. Hearing on an application requesting a Plat of Northern Sheyenne Land Third Addition (Major Subdivision) a replat of Lot 1, Block 3, 19th Avenue Southwest Pond Addition; Lots 5-7, Block 1 and Lots 2-3, Block 2, Northern Sheyenne Land Second Addition; and a Vacation and replat of part of 19th Avenue North dedicated as part of Northern Sheyenne Land Addition to the City of Fargo, Cass County, North Dakota. (Located at 1805, 1810, 1820, 1821, 1840, and 1841 Sheyenne Loop North) (Kelmar Property 6, LLC/Houston Engineering): APPROVED
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Brian Pattengale, Houston Engineering, spoke on behalf of the application.
Member Morgan moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the 1) Zoning Change from GI, General Industrial to LI, Limited Industrial and 2) Subdivision Plat Northern Sheyenne Land 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, Section 20-0906.F (1-4) of the Land Development Code and all other applicable requirements of the Land Development Code, and the Right-of-Way Vacation findings of NDCC 4-39-04 through -07. Second by Member Bachmeier. On call of the roll Members Schneider, Scherling, Sobolik, Stofferahn, Morgan, Bachmeier, Rosenberg, Tasa, and Gunkelman voted aye. Absent and not voting: Member Holtz. The motion was declared carried.
Item 3: Touchmark Addition
3a. Hearing on an application requesting a PUD, Planned Unit Development Master Land Use Plan within the boundaries of the proposed Touchmark Addition. (Located at 1201 35th Avenue South and 1200 Harwood Drive South) (Touchmark LLC/Waterford at Harwood Groves LLC): CONTINUED TO JUNE 2, 2020
3b. Hearing on an application requesting a Zoning Change from AG, Agricultural and MR-3, Multi-Dwelling Residential with a PUD, Planning Unit Development to MR-3 with a PUD, Planned Unit Development on the proposed Touchmark Addition. (Located at 1201 35th Avenue South and 1200 Harwood Drive South) (Touchmark LLC/Waterford at Harwood Groves LLC): CONTINUED TO JUNE 2, 2020
3c. Hearing on an application requesting a Plat of Touchmark Addition (Minor Subdivision) an unplatted portion of the Section 25, Township 139 North, Range 49 West and Lots 1, 15, and 16, Block 1, Replat of Waterford Addition, of the Fifth Principal Meridian, Cass County, North Dakota. (Located at 1201 35th Avenue South and 1200 Harwood Drive South) (Touchmark LLC/Waterford at Harwood Groves LLC): CONTINUED TO JUNE 2, 2020
Mr. Kress presented the staff report stating staff is recommending continuing this item to the June 2, 2020 Planning Commission meeting.
Applicant representative Brian Pattengale, Houston Engineering, spoke on behalf of the application, noting there are details of the Planned Unit Development being worked on with City staff.
Member Stofferahn moved to continue this item to the June 2, 2020 Planning Commission meeting. Second by Member Schneider. On call of the roll Members Schneider, Sobolik, Bachmeier, Scherling, Stofferahn, Rosenberg, Tasa, Morgan, and Gunkleman voted aye. Absent and not voting: Member Holtz. The motion was declared carried.
Item 4: Osgood Townsite 11th Addition
4a. Hearing on an application requesting a Growth Plan Amendment on Lot 9, Block 1, Osgood Townsite 11th Addition and Lot 2, Block 2, Osgood Townsite 12th Addition. (Located at 4850 and 4800 46th Street South) (45th Street Group Apartments #4, LLC/Houston Engineering): APPROVED
4b. Hearing on an application requesting a Zoning Change from GC, General Commercial with a C-O, Conditional Overlay to MR-3, Multi-Dwelling Residential with a request to repeal the C-O, Conditional Overlay on Lot 9, Block 1, Osgood Townsite 11th Addition and Lot 2, Block 2, Osgood Townsite 12th Addition. (Located at 4850 and 4800 46th Street South) (45th Street Group Apartments #4, LLC/Houston Engineering): APPROVED
Planner Kylie Bagley presented the staff report stating all approval criteria have been met and staff is recommending approval. She noted the applicant and City staff held a virtual neighborhood growth plan meeting and received no inquiries at the time.
Applicant Brian Pattengale, Houston Engineering, spoke on behalf of the application.
Member Sobolik moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Zoning Change from GC, General Commercial, with a C-O, Conditional Overlay to MR-3, Multi-Dwelling Residential, and 2) Growth Plan Amendment from “commercial” to “medium-high density residential”, as outlined within the staff report as the proposal complies with the GO2030 Fargo Comprehensive Plan, the 2003 Growth Plan, 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 Tasa. On call of the roll Members Scherling, Sobolik, Stofferahn, Rosenberg, Tasa, Morgan, Bachmeier, Schneider, Gunkelman voted aye. Absent and not voting: Member Holtz. The motion was declared carried.
Item 5: Egbert, O’Neil, and Haggarts Addition
5a. Hearing on an application requesting a Zoning Change from SR-4, Single-Dwelling Residential, and GC, General Commercial, to GC, General Commercial on Lots 1A and 1B, Block 25, Egbert, O’Neil, and Haggarts Addition. (Located at 421 and 425 24th Street South and 424 25th Street South) (Mike and Kelly Hoffman/Todd Jelinski): APPROVED
5b. Hearing on an application requesting a Conditional Use Permit to allow household living in the GC, General Commercial zoning district on Lot 1B, Block 25, Egbert, O’Neil, and Haggarts Addition. (Located at 424 25th Street South and 425 24th Street South) (Mike and Kelly Hoffman/Todd Jelinski): APPROVED
Ms. Bagley presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Todd Jelinski spoke on behalf of the application.
Fire Marshall Ryan Erickson, spoke on behalf of the City of Fargo Fire Department. He stated that the applicant would have to obtain the correct zoning to obtain a building permit, so the property can be safe and legal.
Discussion was held regarding the small number of residential lots remaining on the west side of 24th Street South.
Member Tasa moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Zoning Change from GC, General Commercial and SR-4, Single-Dwelling Residential to GC, General Commercial, with a C-O, Conditional Overlay, and 2) the Conditional Use Permit be approved to allow household living as outlined within the staff report, on the basis that it satisfactorily complies with the GO2030 Fargo Comprehensive Plan, the Standards of Section 20-0906.F (1-4), Section 20-0909.D (1-6) and all other applicable requirements of the Land Development Code, with the following condition:
1) The maximum residential density shall be limited to one residential unit.
Second by Member Morgan. On call of the roll Members Bachmeier, Scherling, Morgan, Rosenberg, Schneider, Sobolik, Stofferahn, Tasa, and Gunkelman voted aye. Absent and not voting: Member Holtz. The motion was declared carried.
Item 6: RTFMA Addition
6a. Hearing on an application requesting a Zoning Change from SR-3, Single-Dwelling Residential to SR-5, Single-Dwelling Residential on the proposed RTFMA Addition. (Located at 1326 16 ½ Street South) (Rebuilding Together F-M Area/Nathan G. Anderson): APPROVED
6b. Hearing on an application requesting a Plat of RTFMA Addition (Minor Subdivision) a replat of Lot 19, Block 6, Morton and Doty’s Addition to the City of Fargo, Cass County, North Dakota. (Located at 1326 16 ½ Street South) (Rebuilding Together F-M Area/Nathan G. Anderson): APPROVED
Assistant Planner Maggie Squyer presented the staff report stating all approval criteria have been met and staff is recommending approval.
Rebecca Anderson, 1317 16 ½ Street South, spoke regarding the application. She expressed questions of the intended use of the property, parking concerns, and thanked the applicant for tearing down the building. She noted a concern of the property being used as a group home.
Applicant Nathan G. Anderson spoke on behalf of the application.
Discussion was held on the intended use of the property.
Director of Planning and Development Nicole Crutchfield noted that group home living would require a Conditional Use Permit on the property.
Ms. Squyer said her understanding is that the property will be used as a twin home.
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 SR-3, Single-Dwelling Residential to SR-5, Single-Dwelling Residential, and 2) Subdivision Plat RTFMA Addition as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive 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 Bachmeier. On call of the roll Members Rosenberg, Sobolik, Scherling, Morgan, Schneider, Stofferahn, Tasa, Bachmeier, and Gunkelman voted aye. Absent and not voting: Member Holtz. The motion was declared carried.
Item 7: Epic Gateway Addition
Hearing on an application requesting a Plat of Epic Gateway Addition (Minor Subdivision) a replat of Lot 1, Block 4, North Dakota R2 Urban Renewal Addition to the City of Fargo, Cass County, North Dakota. (Located at 44 4th Street South and 300 Main Avenue) (EPIC Gateway, LLC/MBN Engineering): APPROVED
Ms. Squyer presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Morgan questioned what area is being covered, and the intentions for the existing buildings and parking lot.
Applicant representative Brain Kounovsky, spoke on behalf of the application.
Ms. Crutchfield clarified that this application is only for the plat, and not a site plan of the property.
Member Stofferahn asked if the City has a vision for this property.
City Commissioner Tony Grindberg provided a brief overview of this project from the City perspective, noting that this site recently received approval from the Renaissance Zone Authority.
Member Bachmeier absent.
Member Morgan moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Epic Gateway 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 Rosenberg. On call of the roll Members Tasa, Sobolik, Rosenberg, Morgan, Stofferahn, Schneider, Scherling, and Gunkelman voted aye. Absent and not voting: Member Holtz and Bachmeier. The motion was declared carried.
Member Bachmeier present.
Item 8: Aldi First Addition
Hearing on an application requesting a Plat of Aldi First Addition (Minor Subdivision) a replat of part of Lot 1, Block A, Replat of Part of Village West Second Addition to the City of Fargo, Cass County, North Dakota. (Located at 4303 and 4305 13th Avenue South) (Fargo Enterprises/Nathan G. Anderson): APPROVED
Mr. Kress 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 Aldi First 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 Morgan. On call of the roll Members Sobolik, Stofferahn, Tasa, Schneider, Rosenberg, Morgan, Scherling, Bachmeier, and Gunkelman voted aye. Absent and not voting: Member Holtz. The motion was declared carried.
Item 9: Urban Plains by Brandt Fifth Addition
9a. Hearing on an application requesting a Conditional Use Permit to allow residential living in the GC, General Commercial zoning district in the proposed Urban Plains by Brandt Fifth Addition. (Located at 2867 55th Street South) (Urban Plains Land Company, LLC/Houston Engineering): APPROVED
9b. Hearing on an application requesting a Plat of Urban Plains by Brandt Fifth Addition (Minor Subdivision) a replat of Lot 1, Block 2, Urban Plains by Brandt Third Addition to the City of Fargo, Cass County, North Dakota. (Located at 2867 55th Street South) (Urban Plains Land Company, LLC/Houston Engineering): APPROVED
Ms. Bagley presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Brian Pattengale, Houston Engineering, spoke on behalf of the application.
Member Scherling moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Subdivision Plat Urban Plains by Brandt Fifth Addition as outlined within the staff report, and 2) the Conditional Use Permit be approved to allow household living on the basis that it satisfactorily complies with the 2007 Growth Plan, the Standards of Article 20-06, the GO2030 Fargo Comprehensive Plan, Section 20-0909.D (1-6) of the Land Development Code, and all other applicable requirements of the Land Development Code, with the following condition:
1) The maximum residential density shall be a maximum of 24 units per acre.
Second by Member Stofferahn. On call of the roll Members Morgan, Scherling, Stofferahn, Sobolik, Tasa, Bachmeier, Schneider, Rosenberg, and Gunkelman voted aye. Absent and not voting: Member Holtz. The motion was declared carried.
Item 10: Asleson Industrial Park Third Addition
Hearing on an application requesting a Zoning Change from GC, General Commercial to LI, Limited Industrial on Lot 1, Block 1, Asleson Industrial Park Third Addition. (Located at 3345, 3357, and 3369 39th Street South and 4013 34th Avenue South) (Choice Investments LLC/Prairie Commons Partners, LLC): APPROVED
Ms. 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 from GC, General Commercial to LI, Limited Industrial as outlined within the staff report on the basis that it satisfactorily complies with 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 Schneider. On call of the roll Members Sobolik, Scherling, Rosenberg, Bachmeier, Stofferahn, Schneider, Tasa, Morgan, and Gunkelman voted aye. Absent and not voting: Member Holtz. The motion was declared carried.
Member Rosenberg absent.
Item 11: Calico Prairie Addition
Hearing on an application requesting a Conditional Use Permit to allow an Alternative Access Plan on Lot 3, Block 2, Calico Prairie Addition. (Located at 4462 30th Avenue South) (Housing Authority of the City of Fargo): APPROVED
Ms. Squyer presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on how the proposed number of parking stalls on site was determined, and how many bedrooms were in each unit.
Applicant representative Ryan Gran, YHR Partners, Ltd. spoke on behalf of the application.
Member Morgan moved the findings and recommendation of staff be accepted and the Conditional Use Permit be approved to allow an Alternative Access Plan as the proposal complies with Section 20-0909.D (1-6) and all other requirements of the Land Development Code, with the following conditions:
1) A minimum of 73 parking stalls be provided on site.
2) Bicycle parking facilities, such as bike racks or bike lockers, shall be provided on-site.
3) The Conditional Use Permit will cease if the land use changes from senior assisted living facility.
4) Expansion of any proposed or existing use will trigger a reevaluation of off-street parking requirements on-site.
Second by Member Bachmeier. On call of the roll Members Schneider, Scherling, Tasa, Stofferahn, Morgan, Bachmeier, Sobolik, and Gunkelman voted aye. Absent and not voting: Members Holtz and Rosenberg. The motion was declared carried.
At 4:16 p.m., the Board took a five-minute recess.
After recess: All Members present except Members Holtz and Rosenberg.
Item 12: Richard 3rd Subdivision
Hearing on an application requesting a Conditional Use Permit to allow for a Telecommunication Support Structure (TSS) 199 feet in height in the GC, General Commercial zoning district on Lot 2, Block 2, Richard 3rd Subdivision. (Located at 6120 53rd Avenue South) (Magnum Properties/Scott Jones): CONTINUED TO JUNE 2, 2020
Item 13: Corwin Second Addition
Hearing on an application requesting a Plat of Corwin Second Addition (Minor Subdivision) a replat of Lots 1 and 2, Block 1, Corwin Addition to the City of Fargo, Cass County, North Dakota. (Located at 222 40th Street South and 301 38th Street South) (Tim Corwin Family Limited Partnership and Corwin Holdings, Inc./Houston Engineering): APPROVED
Planning Coordinator Aaron Nelson presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant representative Brian Pattengale, Houston Engineering, spoke on behalf of the application.
Member Sobolik moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Corwin Second Addition as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive 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 Scherling, Schneider, Stofferahn, Tasa, Bachmeier, Morgan, Sobolik, and Gunkleman voted aye. Absent and not voting: Members Holtz and Rosenberg. The motion was declared carried.
Item 14: Land Development Code Text Amendment
Hearing on an application requesting a Land Development Code Text Amendment to amend Section 20-0402(T)(3) and repeal Section 20-0403(C)(5)(e) of the Fargo Municipal Code (Land Development Code) relating to the prohibition of firearm and ammunition sales as a non-farm commercial use or as a home occupation. (City of Fargo/Peter McDonald): DENIED
Mr. Nelson presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted that on January 27, 2020, the City Commission directed staff to look into this issue and review origins of the code and that Peter McDonald is the co-applicant for this application.
Discussion was held regarding regulation difference between gun sales and ammunition sales, and regulations of cities of similar size.
City Attorney Erik Johnson spoke on the legal interpretation of the code.
Chief Steven Dirksen spoke on behalf of the Fargo Fire Department noting the largest concern is storage of hazardous materials on site.
Fire Marshal Ryan Erickson noted concerns with ammunition manufacturing being regulated in the fire code, but not regulated as a home base occupation. He stated that some materials can be very hazardous.
Discussion continued on the regulations and inspections process of retail spaces versus home-based businesses.
Mr. Johnson stated that a statutory process would be issued if access for an inspection would be denied.
Chief David Todd, Fargo Police Department, stated that obtaining a FFL (Federal Firearms License) is a very extensive process and the background check is very thorough. He noted that most FFL holders are facilitating paperwork and internet sales.
Jo Ann Symington, ATF (Bureau of Alcohol, Tobacco, Firearms & Explosives), stated that there are nine separate types of licenses that could be applied for, and most do a Type 1 license that is a dealer. She noted that with a Type 1 license they cannot manufacture with it, and it is only for ammunition and gun sales.
Further discussion was held on the number of customers that could come to the locations, clarification on what this application is trying to accomplish, and the process of a firearm transfer.
Edward Krystosek, 5548 47th Avenue South spoke on behalf of the application. He noted that he has a FFL, and reviewed the process he follows for a sale or transfer.
Co-Applicant Peter McDonald, spoke on behalf of the application. He referenced a 2016 opinion made by City Attorney Erik Johnson, and a 1988 North Dakota Attorney General’s opinion regarding this issue.
Mr. Johnson noted he would need to take a closer look at the 1988 opinion.
Holden Harwood, 1115 8th Avenue North, spoke on behalf of the application.
Mr. Nelson shared a couple of comments that were emailed and called in during the meeting in opposition to the application.
Debra Pullen, 3200 11th Street South, emailed in and noted that she would like to keep the code as it. She doesn’t want to take guns away, but didn’t want to make it more convenient to get them either.
Gerri Hancock, called in and expressed her opposition against the application.
Member Morgan moved the findings and recommendations of staff be denied and denial of the proposed text amendment to Section 20-0402(T)(3) and Section 20-0403(C)(5)(e) of the Fargo Municipal Code (Land Development Code) relating to the prohibition of firearm and ammunition sales as a non-farm commercial use of as a home occupation be recommended to the City Commission. Second by Member Sobolik. On call of the roll Members Stofferahn, Sobolik, Morgan, Schneider, and Bachmeier voted aye. Members Scherling, Tasa, and Gunkelman voted nay. Absent and not voting Members Holtz and Rosenberg. The motion was declared carried.
Item 15: Tice Addition
Hearing on an application requesting a Plat of Tice Addition (Minor Subdivision) a replat of a portion of Lot 6, and all of Lots 11 and 12, Block 4, Harry A. Schnell Addition to the City of Fargo, Cass County, North Dakota. (Located at 714 and 718 19th Avenue South) (Kenneth and Kimberly Anderson): CONTINUED TO JUNE 2, 2020
Item 16: Luxsun 25th Street North Addition
16a. Hearing on an application requesting a Zoning Change from AG, Agricultural to LI, Limited Industrial on the proposed Luxsun 25th Street North Addition. (Located at 4764 25th Street North) (Luxsun Investments, LLC/Thad Thorsness): APPROVED
16b. Hearing on an application requesting a Plat of Luxsun 25th Street North Addition (Major Subdivision) a replat of Auditors Lot 2, Section 14, Township 140 North, Range 49 West of the Fifth Principal Meridian, Cass County, North Dakota. (Located at 4764 25th Street North) (Luxsun Investments, LLC/Thad Thorsness): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held regarding drainage or flood protection concerns.
City Engineer Brenda Derrig spoke on behalf of the Engineering Department. She noted there will be some building elevations that will need to be built up to, and a northside protection project should start building this year.
Member Bachmeier 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 Luxsun 25th Street North Addition as outlined within 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 Scherling. On call of the roll Members Sobolik, Morgan, Tasa, Schneider, Stofferahn, Bachmeier, Scherling, and Gunkelman voted aye. Absent and not voting: Members Holtz and Rosenberg. The motion was declared carried.
Item E: Other Items:
Item 1: Annexation of approximately 1.83 acres of all of Auditor’s Lot 2, Section 14, Township 140 North, Range 49 West of the Fifth Principal Meridian, Cass County, North Dakota. (Luxsun Investments, LLC/Thad Thorsness): APPROVED
Mr. Kress 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 found the proposed annexation of Auditors Lot 2, Section 14, Township 140 North, Range 49 West of the Fifth Principal Meridian, Cass County, North Dakota to be consistent with the 2007 Growth Plan. Second by Member Stofferahn. On call of the roll Members Bachmeier, Morgan, Tasa, Schneider, Sobolik, Scherling, Stofferahn, and Gunkelman voted aye. Absent and not voting: Members Holtz and Rosenberg. The motion was declared carried.
Member Stofferahn moved to adjourn the meeting. Second by Member Schneider. All Members present voted aye. The motion was declared carried.
The time at adjournment was 5:44 p.m.