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Planning Commission - March 3, 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, March 3, 2020.

The Planning Commissioners present or absent were as follows:

Present: John Gunkelman, Mary Scherling, Rocky Schneider, Scott Stofferahn, Maranda Tasa, Brad Bachmeier, Jennifer Holtz, Dawn Morgan, Art Rosenberg

Absent: Mike Magelky, Melissa Sobolik

Chair Gunkelman called the meeting to order.

Business Items:
Item A: Approve Order of Agenda
Member Rosenberg moved the Order of Agenda be approved as presented. Second by Member Schneider. All Members present voted aye and the motion was declared carried.

Member Scherling present.

Item B: Minutes: Regular Meeting of February 4, 2020
Member Stofferahn moved the minutes of the February 4, 2020 Planning Commission meeting be approved. Second by Member Tasa. All Members present voted aye and the motion was declared carried.

Item C: March 18, 2020 Brown Bag Luncheon: Cancelled

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 (Located at 5570 and 5590 13th Avenue North) (Fargo Commercial Properties/PRG): WITHDRAWN
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 February 4, 2020. At the February 4, 2020 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be withdrawn.

Item 2: 701 Brew Addition
2a. Continued 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): APPROVED

2b. Continued 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): APPROVED
A hearing had been set for February 4, 2020. At the February 4, 2020 meeting, the Hearing was continued to this date and time.

Planner Kylie Bagley presented the staff report stating all approval criteria have been met and staff is recommending approval.

Discussion was held on the DMU, Downtown Mixed-Use zoning district boundary.

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 DMU, Downtown Mixed-Use and MR-3, Multi-Dwelling Residential, to DMU, Downtown Mixed-Use, and 2) Subdivision Plat 701 Brew Addition as outlined within the staff report, as the proposal satisfactorily complies with the GO2030 Fargo Comprehensive Plan, the Roosevelt Neighborhood 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 Schneider, Scherling, Holtz, Stofferahn, Morgan, Bachmeier, Rosenberg, Tasa, and Gunkelman voted aye. Absent and not voting: Members Sobolik and Magelky. The motion was declared carried.

Item 3: Brunsdale Second Addition
3a. Continued 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): APPROVED
A hearing had been set for February 4, 2020. At the February 4, 2020 meeting, the Hearing was continued to this date and time.

3b. Hearing on an application requesting a Conditional Use Permit to allow an Alternative Access Plan on the proposed Brunsdale Second Addition. (Located at 2851 University Drive South) (Robert A. Bond, DDS/Steve Iverson): APPROVED
Assistant Planner Maggie Squyer presented the staff report stating all approval criteria have been met and staff is recommending approval.

Discussion was held on the proposed plan for the site.

Member Tasa moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Brunsdale Second Addition, and 2) the Conditional Use Permit be approved to allow an Alternative Access Plan as outlined within the staff report, as the proposal complies with the Adopted Area Plan, the Standards of Article 20-06, Section 0909.D(1-6), and all other applicable requirements of the Land Development Code with the following conditions for the Conditional Use Permit:

1) Medical office uses will be evaluated at a ratio of one parking stall per 300 square feet of building area.

2) The Conditional Use Permit will cease if the land use changes from medical office.

3) Expansion of any proposed or existing uses will trigger a reevaluation of off-street parking requirements on site.

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

Item 4: Four Walls Addition
4a. Hearing on an application requesting a Zoning Change from SR-3, Single-Dwelling Residential, to SR-5, Single-Dwelling Residential on the Proposed Four Walls Addition. (Located at 702 and 704 31st Street North) (Four Walls 1 LLC/Charles Shaffer): APPROVED

4b. Hearing on an application requesting a Plat of Four Walls Addition (Minor Subdivision) a replat of Lot 8, less the West 15 feet, Block 3, Model Cities Subdivision to the City of Fargo, Cass County, North Dakota. (Located at 702 and 704 31st Street North) (Four Walls 1 LLC/Charles Shaffer): APPROVED
Ms. Squyer presented the staff report stating all approval criteria have been met and staff is recommending approval.

Discussion was held on the work being done to the property.

Applicant Charles Schaffer 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) Zoning Change from SR-3, Single-Dwelling Residential to SR-5, Single-Dwelling Residential and 2) Subdivision Plat Four Walls 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 Schneider. On call of the roll Members Scherling, Stofferahn, Holtz, Rosenberg, Tasa, Morgan, Bachmeier, Schneider, and Gunkelman voted aye. Absent and not voting: Members Magelky and Sobolik. The motion was declared carried.

Item 5: Aldevron First Addition
Hearing on an application requesting a Plat of Aldevron First Addition (Minor Subdivision) a replat of all of Lots 5 and 6 and a portion of Lot 3, Block 1, Woodhaven Plaza Addition and Auditors Lot 13 of Woodhaven Plaza Addition to the City of Fargo, Cass County, North Dakota. (Located at 4040 and 4055 41st Avenue South; 4137 and 4175 40th Street South) (Aldevron, LLC/Vogel Law Firm): APPROVED
Planning Coordinator Maegin Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval.

Member Rosenberg moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Aldevron First 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 Schneider. On call of the roll Members Bachmeier, Scherling, Morgan, Rosenberg, Schneider, Holtz, Stofferahn, Tasa, and Gunkelman voted aye. Absent and not voting: Members Magelky and Sobolik. The motion was declared carried.

Other Business presented:

Planning and Development Assistant Director Mark Williams provided the Board an update on flood preparations. He noted that volunteers are needed to fill sandbags and that Sandbag Central will be open March 10-13 from 7:00 a.m. to 7:00 p.m., and those interested in volunteering can go to www.FargoND.gov/floodvolunteers to sign up.

Member Morgan stated the Fargo Neighborhood Coalition will be having a meeting on Saturday, March 7 at 12:00 p.m. at the Spirit Room (111 Broadway). Planning Coordinator Aaron Nelson will be presenting an overview of the progress of the Fargo Core Neighborhoods Plan.

The time at adjournment was 3:24 p.m.