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Planning Commission - February 4, 2020 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, February 4, 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, Art Rosenberg

Absent: Mike Magelky, Jennifer Holtz, Dawn Morgan

Chair Gunkelman called the meeting to order.

Business Items:
Item A: Approve Order of Agenda
Chair Gunkelman noted the following agenda items:
-Items 3, 4a, 4b, and 7 have been continued to March 3, 2020.

Member Scherling moved the Order of Agenda be approved as presented. Second by Member Stofferahn. All Members present voted aye and the motion was declared carried.

Item B: Minutes: Regular Meeting of January 7, 2020
Member Stofferahn moved the minutes of the January 7, 2020 Planning Commission meeting be approved. Second by Member Tasa. All Members present voted aye and the motion was declared carried.

Item C: February 19, 2020 Brown Bag Luncheon: Cancelled

Item D: Public Hearing Items

Item 1: Valley View Estates Addition
1a. Continued 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): APPROVED

1b. Continued hearing on an application requesting a Zoning Change from AG, Agricultural to SR-4, Single-Dwelling Residential, MR-1, Multi-Dwelling Residential, MR-2, Multi-Dwelling Residential with a C-O, Conditional Overlay, 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): APPROVED

1c. Continued 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): APPROVED
A Hearing had been set for December 3, 2019. At the December 3, 2019 meeting, the Hearing was continued to January 7, 2020. At the January 7, 2020 meeting, the Hearing was continued to this date and time.

Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted that an updated plat and additional comment received were provided to the Board.

Superintendent for West Fargo Public Schools Beth Slette, spoke providing information on the school district, projected enrollment numbers, and a background of the Mustang feeder system for the schools.

West Fargo Public Schools Business Manager Levi Bachmeier spoke on the models being used to make future projections for the schools.

West Fargo Public Schools Construction Coordinator Mark Lemer provided information about school boundaries, use of classroom space, and the changes ahead until neighborhoods are built out.

Discussion was held on the models the school district uses when planning where new schools will be located, enrollment trends, and facility planning.

Applicant Jon Youness, Eagle Ridge Development, spoke on behalf of the application.

Scott Wentz, 3765 Norman Court South, spoke that he would like to see the property lines for this addition line up more with those of the Sincebaugh Addition.

Board Members thanked the applicant for his cooperation with the neighborhoods and for holding multiple input meetings.

Member Rosenberg moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Growth Plan Amendment from “Low/Medium Density Residential” to “Medium/Low Density Residential” for Lot 14, Block 4 of the proposed Valley View Estates Addition, and 2) Zoning Change from AG, Agricultural to SR-4, Single-Dwelling Residential with a C-O, Conditional Overlay, and P/I, Public/Institutional, and 3) proposed Subdivision Plat, Valley View Estates Addition as outlined within the staff report as the proposal complies with the GO2030 Fargo Comprehensive Plan. The 2003 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 Sobolik. On call of the roll Members Scherling, Tasa, Bachmeier, Stofferahn, Rosenberg, Schneider, Sobolik, and Gunkelman voted aye. Absent and not voting: Members Magelky, Morgan, and Holtz. The motion was declared carried.

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): APPROVED
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 December 3, 2019. At the December 3, 2019 meeting, the Hearing was continued to January 7, 2020. At the January 7, 2020 meeting, the Hearing was continued to this date and time.

Planning Intern Luke Morman presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted that an update plat has been provided to the Board.

Applicant Representative Tom Thompson, Fabricators Unlimited, 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 Subdivision Plat, Rail Crossing 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 Schneider. On call of the roll Members Schneider, Scherling, Sobolik, Stofferahn, Bachmeier, Rosenberg, Tasa, and Gunkelman voted aye. Absent and not voting: Members Magelky, Holtz, and Morgan. The motion was declared carried.

Item 3: 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 MARCH 3, 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 December 3, 2019. At the December 3, 2019 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to March 3, 2020.

Item 4: 701 Brew Addition
4a. Hearing on an application requesting a Zoning Change from MR-3, Multi-Dwelling Residential and DMU, Downtown Mixed Use, to DMU, Downtown Mixed Use on the proposed 701 Brew Addition. (Located at 702 and 706 12th Street North; 701 University Drive North) (701 Brew LLC/CHA Architecture + Construction): CONTINUED TO MARCH 3, 2020

4b. Hearing on an application requesting a Plat of 701 Brew Addition (Minor Subdivision) a replat of Lot 1 and the East half of Lot 2, Block 7 Harwoods Addition, to the City of Fargo, Cass County, North Dakota. (Located at 702 and 706 12th Street North; 701 University Drive North) (701 Brew LLC/CHA Architecture + Construction): CONTINUED TO MARCH 3, 2020
A hearing had been set for this date and time; however, the applicant has requested this item be continued to March 3, 2020.

Item 5: Osgood Townsite Eleventh Addition
5a. Hearing on an application requesting a Zoning Change from LC, Limited Commercial with a C-O, Conditional Overlay to GC, General Commercial with a C-O, Conditional Overlay on Lots 1-4, Block 1, Osgood Townsite Eleventh Addition. (Located at 4711, 4731, 4751, and 4781 45th Street South) (Eighth Skaff Apartments of ND, LLC/Blake Carlson): APPROVED

5b. Hearing on an application requesting a Conditional Use Permit to allow residential uses in the GC, General Commercial zoning district on Lots 1-4, Block 1, Osgood Townsite Eleventh Addition. (Located at 4711, 4731, 4751, and 4781 45th Street South) (Eighth Skaff Apartments of ND, LLC/Blake Carlson): APPROVED
Planner Kylie Bagley presented the staff report stating all approval criteria have been met and staff is recommending approval.

The Board discussed the conditional overlay, and their preference to ensure the ground level will contain commercial use.

City Attorney Erik Johnson spoke regarding the Boards options to make recommendations on the motion.

Applicant Representative Blake Carlson, PACES Lodging, spoke on behalf of the application.

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 LC, Limited Commercial, with a C-O, Conditional Overlay, to GC, General Commercial, with a C-O, Conditional Overlay and to limit all the uses on the main floor to any non-residential use allowed within the GC; and 2) the Conditional Use Permit be approved to allow household living in the GC, General Commercial zoning district 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), 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 a maximum of 24 units per acre.

Second by Member Rosenberg. On call of the roll, Members Bachmeier, Scherling, Rosenberg, Schneider, Sobolik, Stofferahn, Tasa, and Gunkelman voted aye. Absent and not voting: Members Magelky, Holtz, and Morgan. The motion was declared carried.

Item 6: Golden Valley Fourth Addition
6a. Hearing on an application requesting a Zoning Change from AG, Agricultural to SR-4, Single-Dwelling Residential on the proposed Golden Valley Fourth Addition. (Located at 6737 25th Street South) (Ryland Development Corporation/Jon Youness): APPROVED

6b. Hearing on an application requesting a Plat of Golden Valley Fourth Addition (Major Subdivision) a plat of an unplatted portion of the Northeast Quarter of Section 11, Township 138 North, Range 49 West of the 5th Principal Meridian to the City of Fargo, Cass County, North Dakota. (Located at 6737 25th Street South) (Ryland Development Corporation/Jon Youness): 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 1) Zoning Change from AG, Agricultural, to SR-4, Single-Dwelling Residential, and 2) Subdivision Plat, Golden Valley Fourth 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 Tasa. On call of the roll, Members Rosenberg, Sobolik, Scherling, Schneider, Stofferahn, Tasa, Bachmeier, and Gunkleman voted aye. Absent and not voting: Members Magelky, Holtz, and Morgan. The motion was declared carried.

Item 7: Brunsdale Second Addition
Hearing on an application requesting a Plat of Brunsdale Second Addition (Minor Subdivision) a replat of Lot 9, Block 1, less the West 100 feet and the North 10 feet of Lot 13, less the West 100 feet, to the City of Fargo, Cass County, North Dakota. (Located at 2851 University Drive South) (Robert A. Bond, DDS/Steve Iverson): CONTINUED TO MARCH 3, 2020
A hearing had been set for this date and time; however, the applicant has requested this item be continued to March 3, 2020.

Item 8: Bentley Place First Addition
8a. Continued hearing on an application requesting a Zoning Change from LC, Limited Commercial with a C-O, Conditional Overlay to LC, Limited Commercial with a PUD, Planned Unit Development Overlay and a request to repeal the C-O, Conditional Overlay on Lot 6, Block 1, Bentley Place First Addition. (Located at 5601 33rd Avenue South) (Bentley Place Properties, LLC/Eagle Ridge Development LLC): APPROVED

8b. Continued hearing on an application requesting a Planned Unit Development Master Land Use Plan within the boundaries of Lot 6, Block 1, Bentley Place First Addition. (Located at 5601 33rd Avenue South) (Bentley Place Properties, LLC/Eagle Ridge Development LLC): APPROVED
A Hearing had been set for January 7, 2020. At the January 7, 2020 meeting, the Hearing was continued to this date and time.

Planning Coordinator Maegin Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval.

Applicant Jon Youness spoke on behalf of the application.

Member Rosenberg moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Zoning Change from LC, Limited Commercial with a C-O, Conditional Overlay, to LC, Limited Commercial with a PUD, Planned Unit Development Overlay, and to repeal the existing C-O, Conditional Overlay, and 2) PUD, Planned Unit Development, Master Land Use Plan, as outlined within the staff presentation as the proposal complies with the GO 2030 Fargo Comprehensive Plan, Section 20-0906.F (1-4), Section 20-0908.B(7) 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 Sobolik, Stofferahn, Tasa, Schneider, Rosenberg, Scherling, Bachmeier, and Gunkelman voted aye. Absent and not voting: Members Holtz, Morgan, and Magelky. The motion was declared carried.

Item E: Other Items:
Item 1: MetroCOG presentation of Fargo Safe Routes to School Plan
Planning Coordinator Aaron Nelson introduced the MetroCOG staff and noted that they are looking for a recommendation from the Planning Commission to recommend the adoption of the Fargo Safe Routes to School Plan to the City Commission.

Dan Farnsworth and Anna Pierce, MetroCOG, and Collin Harris, Alta Planning, gave a presentation on the Fargo Safe Routes to School Plan. They noted the benefits of students walking/biking to school, shared existing conditions and challenges, and gave an overview of the proposed implementation plan.

Transportation Engineer, Jeremy Gorden, spoke on behalf of the Engineering Department.

Member Sobolik moved to recommend adoption of the Fargo Safe Routes to School Plan to the City Commission. Second by Member Bachmeier. All Members present voted aye and the motion was declared carried.

The time at adjournment was 4:45 p.m.