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Planning Commission - January 4, 2022 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, January 4, 2022.

The Planning Commissioners present or absent were as follows:

Present: John Gunkelman, Rocky Schneider, Maranda Tasa, Jennifer Holtz, Art Rosenberg, Thomas Schmidt

Absent: Dawn Morgan, Scott Stofferahn

Chair Schneider called the meeting to order.

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

Item B: Minutes: Regular Meeting of December 7, 2021
Member Holtz moved the minutes of the December 7, 2021 Planning Commission meeting be approved. Second by Member Schmidt. All Members present voted aye and the motion was declared carried.

Item C: January 19, 2022 Brown Bag Luncheon: CANCELLED

Item D: Public Hearing Items

Item 1: Ohmer’s Addition
Hearing on an application requesting a Zoning Change from SR-2, Single-Dwelling Residential and MR-2, Multi-Dwelling Residential, to P/I, Public and Institutional with a C-O, Conditional Overlay on Lot 4, Ohmer’s Addition. (Located at 1258 Broadway North) (Immanuel Lutheran Church of Fargo): APPROVED
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted that a neighborhood meeting was held and an additional comment was provided to the Board.

Member Gunkelman moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Zone Change from MR-2, Multi-Dwelling Residential and SR-3, Single-Dwelling Residential to P/I, Public and Institutional with a C-O, Conditional Overlay as outlined within the staff report, as the proposal complies with the Standards of Section 20-0906.F (1-4) 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, Schmidt, Rosenberg, Holtz, Gunkelman, and Schneider voted aye. Absent and not voting: Members Stofferahn and Morgan. The motion was declared carried.

Item 2: Metropolitan Park Third Addition
2a. Hearing on an application requesting a Zoning Change from LC, Limited Commercial and MR-3, Multi-Dwelling Residential to MR-3, Multi-Dwelling Residential with a PUD, Planned Unit Development Overlay on the proposed Metropolitan Park Third Addition. (Located at 4400 Calico Drive and 4455 30th Avenue South) (Metropolitan Apartments LLC/JPR Investments, LLC #13): CONTINUED TO FEBRUARY 1, 2022

2b. Hearing on an application requesting a Plat of Metropolitan Park Third Addition (Minor Subdivision) a replat of Lot 2, Block 1, Metropolitan Park Addition and Lot 4, Block 1 of Metropolitan Park Second Addition to the City of Fargo, Cass County, North Dakota. (Located at 4400 Calico Drive and 4455 30th Avenue South) (Metropolitan Apartments LLC/JPR Investments, LLC #13): CONTINUED TO FEBRUARY 1, 2022

2c. Hearing on an application requesting a PUD, Planned Unit Development Overlay and Master Land Use Plan on the proposed Metropolitan Park Third Addition. (Located at 4400 Calico Drive and 4455 30th Avenue South) (Metropolitan Apartments LLC/JPR Investments, LLC #13): CONTINUED TO FEBRUARY 1, 2022
Mr. Kress presented the staff report stating staff is recommending to continue this item to the February 1, 2022 Planning Commission meeting.

Discussion was held on the parking layout, private drive, and the current garages on site.

Applicant Representative Brittany Taplin, Goldmark Design and Development, spoke on behalf of the application.

Member Gunkelman moved to continue this item to the February 1, 2022 Planning Commission meeting. Second by Member Holtz. On call of the roll Members Gunkelman, Holtz, Schmidt, Rosenberg, Tasa, and Schneider voted aye. Absent and not voting: Members Stofferahn and Morgan. The motion was declared carried.

Item 3: EOLA Addition
Hearing on an application requesting a Zoning Change from GC, General Commercial with a PUD, Planned Unit Development overlay to GC, General Commercial with an amended PUD, Planned Unit Development overlay on EOLA Addition. (Located at 4410, 4415, 4448, 4470, 4471, and 4474 24th Avenue South and 4417 and 4477 26th Avenue South) (MAKT, LLC/EOLA Landholdings LLC): 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 changes to the Planned Unit Development overlay, and the proposed uses of the property.

Applicant Blake Nybakken, Epic Companies, 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 Zone Change from GC, General Commercial with a PUD, Planned Unit Development Overlay to GC, General Commercial with an amended PUD, Planned Unit Development 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) 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 Schmidt, Rosenberg, Holtz, Gunkelman, Tasa, and Schneider voted aye. Absent and not voting: Members Morgan and Stofferahn. The motion was declared carried.

Item 4: Legacy I Seventh Addition
4a. Hearing on an application requesting a Growth Plan Amendment on the proposed Legacy I Seventh Addition from low-to-medium density or medium-to-high density residential to office. (Located at 6155 24th Street South) (Gerald Eid): APPROVED

4b. Hearing on an application requesting a Zoning Change from SR-4, Single-Dwelling Residential to GO, General Office with a C-O, Conditional Overlay on the proposed Legacy I Seventh Addition. (Located at 6155 24th Street South) (Gerald Eid): APPROVED

4c. Hearing on an application requesting a Plat of Legacy I Seventh Addition (Minor Subdivision) a replat of Lot 1, Block 7, Legacy I Fourth Addition to remove portions of an existing negative access easement, to the City of Fargo, Cass County, North Dakota. (Located at 6155 24th Street South) (Gerald Eid): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.

Discussion was held on the proposed uses, and 25th Street traffic.

Applicant Jason Eid, Eidco Homes, spoke on behalf of the application.

City Engineer Brenda Derrig spoke on behalf of the Engineering Department.

Member Gunkelman moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Growth Plan Amendment to amend the 2003 Growth Plan from, “Residential Area – Lower-to-Medium Density to Medium-to-Higher Density” to “Office”, 2) Zone Change from SR-4, Single-Dwelling Residential to GO, General Office with a C-O, Conditional Overlay, and 3) Subdivision Plat Legacy I Seventh Addition as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the 2003 Growth Plan, Section 20-0906.F (1-4), Section 20-0905.H (1-4), and the Standards of Article 20-06 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 Holtz, Rosenberg, Schmidt, Tasa, Gunkelman, and Schneider voted aye. Absent and voting: Members Morgan and Stofferahn. The motion was declared carried.

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

The time at adjournment was 3:33 p.m.