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Planning Commission - October 6, 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, October 6, 2020.

The Planning Commissioners present or absent were as follows:

Present: John Gunkelman, Mary Scherling (via conference call), Rocky Schneider (via conference call), Maranda Tasa (via conference call), Jennifer Holtz, Dawn Morgan, Art Rosenberg

Absent: Melissa Sobolik, Scott Stofferahn

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 Morgan. All Members present voted aye and the motion was declared carried.

Item B: Minutes: Regular Meeting of September 1, 2020
Member Rosenberg moved the minutes of the September 1, 2020 Planning Commission meeting be approved. Second by Member Morgan. All Members present voted aye and the motion was declared carried.

Item C: October 16, 2020 Brown Bag Luncheon: Cancelled
Chair Gunkelman stated he would like to have a discussion at the end of the meeting regarding how future Brown Bag Meetings could look.

Planning and Development Assistant Director Mark Williams stated things to consider are topics to be discussed, interest and availability, and making the most use of Members time.

Item D: Public Hearing Items
Chair Gunkelman noted the following agenda items:
-Items 2a and 2b have been withdrawn by the applicant.

Item 1: Austin’s Subdivision
Continued hearing on an application requesting a Conditional Use Permit to allow an Alternative Access Plan for a parking reduction on a portion of Lot 1, Block 2, Austin’s Subdivision. (Located at 5409 53rd Avenue South) (Dakota Prep Athletics/Josh R. Johnson): APPROVED
A Hearing had been set for September 1, 2020. At the September 1, 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.

Member Morgan moved the findings and recommendations of staff be accepted and the Conditional Use Permit be approved to allow an Alternative Access Plan as outlined within the staff report, as the proposal complies with Section 20-0909.D (1-6) of the Land Development Code, and all other requirements of the Land Development Code with the following conditions:

1) A minimum of 29 parking stalls shall be provided on site.

2) The Conditional Use Permit will cease if the land use changes from a basketball practice facility.

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

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

Item 2: Section 12, Township 139 North, Range 49 West
2a. Continued hearing on an application requesting a Zoning Change from GC, General Commercial to GC, General Commercial with a PUD, Planned Unit Development within the boundaries of a portion of the Northeast Quarter of Section 12, Township 139 North, Range 49 West. (Located at 1425 Main Avenue) (Huynh Kha Property LLC/Dovetail Development): WITHDRAWN

2b. Continued hearing on an application requesting a PUD, Planned Unit Development Master Land Use Plan within the boundaries of a portion of the Northeast Quarter of Section 12, Township 139 North, Range 49 West. (Located at 1425 Main Avenue) (Huynh Kha Property LLC/Dovetail Development): WITHDRAWN
A Hearing had been set for September 1, 2020. At the September 1, 2020 meeting, the Hearing was continued to this date and time; however the applicant has requested this application be withdrawn.

Item 3: Bentley Place Third Addition
Hearing on an application requesting a Plat of Bentley Place Third Addition (Minor Subdivision) a replat of Lot 1, Block 1, Bentley Place Second Addition to the City of Fargo, Cass County, North Dakota. (Located at 3240 Veterans Boulevard) (Brandt Crossing, LLC/Blake Carlson): APPROVED
Planning Coordinator Donald Kress 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 Bentley Place Third 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 Holtz. On call of the roll Members Schneider, Rosenberg, Holtz, Scherling, Tasa, Morgan, and Gunkelman voted aye. Absent and not voting: Members Stofferahn and Sobolik. The motion was declared carried.

Item 4: Madelyn’s Meadows Fourth Addition
4a. Hearing on an application requesting a Zoning Change from AG, Agricultural to SR-4, Single-Dwelling Residential, P/I, Public and Institutional, and MR-1, Multi-Dwelling Residential within the boundaries of the proposed Madelyn’s Meadows Fourth Addition. (Located at 7269 25th Street South) (Sitka Investments, LLC/Jon Youness): APPROVED

4b. Hearing on an application requesting a Plat of Madelyn’s Meadows Fourth Addition (Major Subdivision) a replat of a portion of the North half of the South half of the Southeast Quarter of Section 11, Township 138 North, Range 49 West to the City of Fargo, Cass County, North Dakota. (Located at 7269 25th Street South) (Sitka Investments, LLC/Jon Youness): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.

Discussion was held on the pending annexation, and number of homeowners that received notification of the application.

Applicant Jon Youness spoke on behalf of the application, and noted a recent neighborhood meeting was held with neighboring Eagle Valley residents.

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 AG, Agricultural to SR-4, Single-Dwelling Residential, P/I, Public and Institutional, and MR-1, Multi-Dwelling Residential, and 2) Subdivision Plat Madelyn’s Meadows Fourth Addition as outlined within the staff report, as the proposal complies with the 2007 Growth Plan, 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 Schneider. On call of the roll Members Scherling, Holtz, Rosenberg, Tasa, Morgan, Schneider, and Gunkelman voted aye. Absent and not voting: Members Stofferahn and Sobolik. The motion was declared carried.

Item E: Other Items
Item 1: Planned Unit Development Final Plan for Bentley Place First Addition: APPROVED
Planning Coordinator Maegin Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval.

Discussion was held on the updates to the plan, and proposed lighting.

Member Morgan moved the findings and recommendations of staff be accepted and the Planned Unit Development Final Plan for Bentley Place First Addition be approved as outlined within the staff report, as the proposal complies with the Planned Unit Development Master Land Use Plan, Section 20-0908.D of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Rosenberg. On call of the roll Members Tasa, Morgan, Schneider, Holtz, Scherling, Rosenberg, and Gunkelman voted aye. Absent and not voting: Members Sobolik and Stofferahn. The motion was declared carried.

Item 2: Appeal of an Administrative Decision to approve a Residential Protection Standard (RPS) waiver on a property located at 1404 12th Avenue North. (Kirkhams 2nd Addition): APPROVED
Ms. Bagley presented the staff report stating all approval criteria have been met and staff is recommending approval.

Member Morgan expressed her opposition of the RPS waiver noting concerns with more changes in the Roosevelt Neighborhood.

Discussion was held on the current fence, plans to replace the fence, requirements for the property, and the City’s process for checking compliance if there is a complaint.

Applicant Rhett Fiskness spoke on behalf of the application, stating a new 6-foot opaque fence would be replacing the current fence.

Member Rosenberg moved the findings and recommendations of staff be accepted and the waiver for Residential Protection Standards be approved as outlined within the staff report, and require that in lieu of a standard landscape buffer and 10-foot parking setback as outlined in the Land Development Code Section 20-0704, the petitioner shall be required to meet the following conditions:

1) Provide a 6-foot tall opaque fence along the southern property line as indicated on the plan.

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

Item 3: FM MetroCOG staff to introduce the initiation of a Fargo Transportation Plan.
Planning Coordinator Aaron Nelson provided a brief background and introduced MetroCOG Executive Director, Cindy Gray.

Ms. Gray gave a presentation on the Fargo Transportation Plan, noting this study will begin in early 2021. She provided a background of the process, goals for the study, and topics the study will focus on.

Chair Gunkelman continued the discussion regarding Brown Bag meetings.

Discussion was held on schedules, making them the most beneficial, potential topics, productive conversation, a virtual versus in-person meeting, and frequency.

Member Rosenberg moved to adjourn the meeting. Second by Member Morgan. All Members present voted aye and the motion was declared carried.

The time at adjournment was 4:20 p.m.