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Planning Commission - October 4, 2022

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 4, 2022.

The Planning Commissioners present or absent were as follows:

Present: Rocky Schneider, John Gunkelman, Scott Stofferahn, Art Rosenberg, Dawn Morgan, Thomas Schmidt

Absent: Jennifer Holtz, Brett Shewey, Maranda Tasa

Chair Schneider called the meeting to order.

Business Items

Item A: Approve Order of Agenda
Member Stofferahn 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 8, 2022
Member Gunkelman moved the minutes of the September 8, 2022 Planning Commission meeting be approved. Second by Member Schmidt. All Members present voted aye and the motion was declared carried.

Item C: Public Hearing Items

Item 1: Commerce on 12th Seventh Addition
Hearing on an application requesting a Plat of Commerce on 12th Seventh Addition (Minor Subdivision) a replat of Lots 4 and 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, LLC/MBN Engineering): APPROVED

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

Member Stofferahn moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Commerce on 12th Seventh Addition, as outlined within the staff report, as the proposal complies with the 2007 Growth Plan, the Standards of Article 20-06, Section 20-0907.B&C of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Morgan. On call of the roll Members Morgan, Schmidt, Stofferahn, Rosenberg, Gunkelman, and Schneider voted aye. Absent and not voting: Members Tasa, Holtz, and Shewey. The motion was declared carried.

Item 2: Dakota Commerce Center North Addition
Hearing on an application requesting a Plat of Dakota Commerce Center North Addition (Major Subdivision) a replat of a portion of the Northeast Quarter of Section 15, Township 140 North, Range 49 West of the Fifth Principal Meridian, Cass County, North Dakota including a subdivision waiver. (Located at 4201 County Road 81 North and 5100 37th Street North) (Holmquist Family LLP/Hyde Development): APPROVED

Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted this project was previously approved by the Planning Commission on August 2, 2022, and the applicant has updated the application with a reconfigured plat.

Applicant Representative Paul Hyde spoke on behalf of the application.

Discussion was held regarding onsite water storage, stormwater, and drain locations.

Assistant City Engineer, Tom Knakmuhs, spoke on behalf of the Engineering department.

Member Rosenberg moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Dakota Commerce Center North Addition, including a subdivision waiver for block length, as outlined within the staff report, as the proposal complies with the 2007 Growth Plan, the Standard of Article 20-06, Sections 20-0907.C, and Section 20-2907.D.3 (a-c) of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Stofferahn. On call of the roll Members Gunkelman, Stofferahn, Morgan, Schmidt, Rosenberg, and Schneider voted aye. Absent and not voting: Members Tasa, Shewey, and Holtz. The motion was declared carried.

Item 3: Chas A. Roberts Addition
Hearing on an application requesting a Zoning Change from SR-2, Single-Dwelling Residential, LC, Limited Commercial with a C-O, Conditional Overlay, and P/I, Public and Institutional to P/I, Public and Institutional and to repeal the existing C-O, Conditional Overlay, for parts of Block G, H, Tt, and I, Chas A. Roberts Addition and parts of vacated 6th Street South, parts of vacated 8th Avenue South, and parts of vacated 9th Avenue South. (Located at 700 and 701 7th Street South; 555 and 653 8th Avenue South; 800 6th Street South): APPROVED

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

Property Owner Dan Gilroy, 434 6th Avenue South, spoke regarding clarification of the map from the property owner letter he received.

Discussion was held on the need to invest in Early Childhood education, and the location of this 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 SR-2, Single-Dwelling Residential, LC, Limited Commercial with a C-O, Conditional Overlay, and P/I, Public and Institutional to P/I, Public and Institutional and to repeal the existing C-O, Conditional Overlay, as outlined within the staff report, as the proposal complies with the Core Neighborhoods 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 Schmidt. On call of the roll Members Schmidt, Morgan, Stofferahn, Rosenberg, Gunkelman, and Schneider voted aye. Absent and not voting: Members Tasa, Holtz, and Shewey. The motion was declared carried.

Item 4: Hawthorne Elementary Addition
4a. Hearing on an application requesting a Plat of Hawthorne Elementary Addition (Minor Subdivision) a replat of parts of Block H, Tt, and I of Chas A. Roberts Addition, and parts of vacated 6th Street South, parts of vacated 8th Avenue South, and parts of vacated 9th Avenue South, to the City of Fargo, Cass County, North Dakota. (700 7th Street South; 555 8th Avenue South; 800 6th Street South) (Fargo Public School District/KLJ Engineering): APPROVED

4b. Hearing on an application requesting a Conditional Use Permit to allow an Alternative Access Plan for a parking reduction on the proposed Hawthorne Elementary Addition and part of Block G, Chas A. Roberts Addition. (700 and 701 7th Street South; 555 8th Avenue South; 800 6th Street South) (Fargo Public School District/KLJ Engineering): APPROVED

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

Discussion was held on the parking study, a buffer between residential properties and the parking lot, and traffic in the area.

Planning and Development Director Nicole Crutchfield stated that the City Traffic Engineer had reviewed the traffic study and the Planning Department follows his expertise in evaluating the study.

Mr. Knakmuhs spoke on behalf of the Engineering department.

Applicant Representative Jackie Gapp, Fargo Public Schools Business Manager, spoke on behalf of the application.

Property Owner Dan Gilroy, 434 6th Avenue South, spoke on parking impacts, buffer space, and the location of the proposed addition.

Member Gunkelman moved the findings and recommendations of staff be accepted the 1) Conditional Use Permit to allow an Alternative Access Plan for a parking reduction on the proposed Lot 1, Block 1, Hawthorne Elementary Addition and part of Block G of Chas A. Roberts Addition, be approved 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 applicable requirements of the Land Development Code, with the following conditions:

1. 171 parking spaces to be provided on site.

2. Parking requirements may be met anywhere within the properties included in the Conditional Use Permit.

3. Expansion of office and/or school use will require reevaluation of off-street parking requirements.

4. The Conditional Use Permit will cease of any property included in the Conditional Use Permit is no longer owned by a governmental, civic, or public entity.

And to accept the findings and recommendations of staff and recommend approval to the City Commission of the proposed 2) Subdivision Plat Hawthorne Elementary Addition, as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the adopted Area Plan (Core Neighborhood Plan), the Standards of Section 20-0907.B&C, and of Article 20-06 of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Stofferahn. On call of the roll Members Stofferahn, Rosenberg, Schmidt, Morgan, Gunkelman, and Schneider voted aye. Absent and not voting: Members Holtz, Shewey, and Tasa. The motion was declared carried.

Ms. Crutchfield shared that the RFP for the Growth Plan is open until November 4, and thanked Board Members for participating in the joint informational meeting with the City Commissioners in September.

The time at adjournment was 3:47 p.m.