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Planning Commission - March 5, 2019 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 5, 2019.

The Planning Commissioners present or absent were as follows:

Present: Shara Fischer, John Gunkelman, Mike Magelky, Dawn Morgan,
Melissa Sobolik, Scott Stofferahn, Maranda Tasa, Jennifer Holtz

Absent: Brad Bachmeier, Mary Scherling, Rocky Schneider

Chair Fischer called the meeting to order.

Business Items:
Item A: Approve Order of Agenda
Chair Fischer noted the following Agenda items:
-Items 3a and 3b have been continued to April 2, 2019

Member Sobolik 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 February 5, 2019
Member Tasa moved the minutes of the February 5, 2019 Planning Commission meeting be approved. Second by Member Morgan. All Members present voted aye and the motion was declared carried.

Item C: Tuesday, March 26, 2019 Joint Meeting with Community Development Committee
Topic: Core Neighborhood Plan

Mark Williams provided an overview of the new commission chambers and its features.

Item D: Public Hearing Items:
Item 1: NSC Addition
Continued hearing on an application requesting an Institutional Master Plan within a portion of the boundaries of the proposed NSC Addition. (Located at 6101 45th Street North) (City of Fargo/Fargo Park District): APPROVED
A Hearing had been set for August 1, 2017. At the August 1, 2017 meeting, the Hearing was continued to September 5, 2017. At the September 5, 2017 meeting, the Hearing was continued to October 3, 2017. At the October 3, 2017 meeting, the Hearing was continued to December 5, 2017. At the December 5, 2017 meeting, the Hearing was continued to January 4, 2018. At the January 4, 2018 meeting, the Hearing was continued to February 6, 2018. At the February 6, 2018 meeting, the Hearing was continued to May 1, 2018. At the May 1, 2018 meeting, the Hearing was continued to July 3, 2018. At the July 3, 2018 meeting, the Hearing was continued to September 4, 2018. At the September 4, 2018 meeting, the Hearing was continued to November 6, 2018. At the November 6, 2018 meeting, the Hearing was continued to December 4, 2018. At the December 4, 2018 meeting, the Hearing was continued to February 5, 2019. At the February 5, 2019 meeting, the Hearing was continued to this date and time.

Member Magelky declared a conflict of interest on this item and was excused from voting.

Planning Coordinator Maegin Elshaug presented a brief background of the project and 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 the Institutional Master Plan be approved as outlined within the staff report as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Standards of Section 20-0911.E (1-3) 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 Sobolik, Tasa, Stofferahn, Morgan, Holtz, Gunkelman, and Fischer voted aye. Member Magelky abstained from voting. Absent and not voting: Members Scherling, Schneider, and Bachmeier. The motion was declared carried.

Item 2: Prairie Farms Second Addition
Hearing on an application requesting a Plat of Prairie Farms Second Addition (Minor Subdivision) a replat of Lots 1-3, Block 4, Prairie Farms Addition, City of Fargo, Cass County, North Dakota. (Located at 6059, 6069, and 6087 Prairie Grove Court South) (Bronson Mathiason/Prairie Grove Inc. and Dietrich Homes Inc.): APPROVED
A Hearing had been set for February 5, 2019. At the February 5, 2019 meeting, the Hearing was continued to this date and time.

Planning Coordinator Aaron Nelson 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 Subdivision Plat, Prairie Farms Second Addition as outlined within the staff report as the proposal complies with the 2007 Growth Plan, the Standards of Article 20-06 of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Gunkelman. On call of the roll Members Magelky, Holtz, Sobolik, Stofferahn, Morgan, Gunkelman, Tasa, and Fischer voted aye. Absent and not voting: Members Scherling, Schneider, and Bachmeier. The motion was declared carried.

Item 3: Timber Creek Ninth Addition
3a. Hearing on an application requesting a Zoning Change from SR-2, Single-Dwelling Residential to SR-4, Single-Dwelling Residential on the proposed Timber Creek Ninth Addition. (Located at 4726, 4736, 4746, 4756, 4766, 4776, and 4786 34th Street South) (Nate Vollmuth/PLC Investments): CONTINUED TO APRIL 2, 2019

3b. Hearing on an application requesting a Plat of Timber Creek Ninth Addition (Minor Subdivision) a replat of Lots 16-22, Block 3, Timber Creek First Addition, City of Fargo, Cass County, North Dakota. (Located at 4726, 4736, 4746, 4756, 4766, 4776, and 4786 34th Street South) (Nate Vollmuth/PLC Investments): CONTINUED TO APRIL 2, 2019
A Hearing had been set for January 3, 2019. At the January 3, 2019 meeting, the Hearing was continued to February 5, 2019. At the February 5, 2019 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to April 2, 2019.

Item 4: Madelyn’s Meadows Second Addition
4a. Hearing on an application requesting a Zoning Change from AG, Agricultural to SR-4, Single-Dwelling Residential and SR-5, Single-Dwelling Residential on the proposed Madelyn’s Meadows Second Addition. (Located at 7269 25th Street South) (Jon Youness/Eagle Ridge Development): APPROVED

4b. Hearing on an application requesting a Plat of Madelyn’s Meadows Second Addition (Major Subdivision) a replat of Lot 9, Block 3, Madelyn’s Meadows First Addition, City of Fargo, Cass County, North Dakota. (Located at 7269 25th Street South) (Jon Youness/Eagle Ridge Development): APPROVED
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.

Discussion was held regarding 73rd Avenue South.

Applicant Jon Youness spoke on behalf of the application and noted that 73rd Avenue South was platted with Madelyn’s Meadows First Addition.

Member Magelky 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 SR-5, Single-Dwelling Residential and 2) Subdivision Plat, Madelyn’s Meadows Second Addition as outlined within the staff report as the proposal complies with the 2007 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 Stofferahn. On call of the roll Members Gunkelman, Sobolik, Stofferahn, Holtz, Magelky, Tasa, Morgan, and Fischer voted aye. Absent and not voting: Members Scherling, Schneider, and Bachmeier. The motion was declared carried.

Item 5: Lenthe’s First Addition
Hearing on an application requesting a Plat of Lenthe’s First Addition (Minor Subdivision) a replat of the East Half of Lot 3, all of Lots 4-10, Teigen’s Addition, City of Fargo, Cass County, North Dakota, and a parcel of land in the Southwest Quarter of the Southeast Quarter of Section 2, Township 139 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota. (Located at 2901, 2903, 2905, 2907, 3001, 3003, 3005, 3007, 3039, 3041, 3043, and 3045 Main Avenue) (Curt Skarphol/Houston Engineering): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.

Member Gunkelman moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat, Lenthe’s First Addition as outlined within the staff report as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Standards of Article 20-06 of the Land Development Code and all other applicable requirements of the Land Development Code. Second by Member Holtz. On call of the roll Members Gunkelman, Magelky, Morgan, Sobolik, Holtz, Stofferahn, Tasa, and Fischer voted aye. Absent and not voting: Members Scherling, Schneider, and Bachmeier. The motion was declared carried.

Item 6: Case, Peake, and Hall Addition
Hearing on an application requesting a Zoning Change from SR-3, Single-Dwelling Residential to MR-2, Multi-Dwelling Residential on Lot 19, Block 5, Case, Peake, and Hall Addition. (Located at 1527 5th Avenue South) (Jessica Thomasson/Lutheran Social Services): APPROVED
Ms. Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval.

Randy Engelstad, 1538 5th Avenue North, spoke in opposition to the application questioning if the proposed addition of an accessory structure could be added under the current zoning.

Member Morgan stated that the Jefferson Neighborhood Association has met with the applicant. She noted they were informed this application was more of a zoning clean up and would consist of green space and the addition of a storage shed.

Ms. Elshaug noted that accessory structures must be in the same zoning district as the primary structure and are not permitted on their own.

Member Stofferahn moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Zoning Change from SR-3, Single-Dwelling Residential, to MR-2, Multi-Dwelling Residential 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) and all other applicable requirements of the Land Development Code. Second by Member Morgan. On call of the roll Members Holtz, Sobolik, Magelky, Gunkelman, Morgan, Stofferahn, Tasa, and Fischer voted aye. Absent and not voting: Members Scherling, Schneider, and Bachmeier. The motion was declared carried.

Item E: Other Items:
Item 1: Initiation of RFP (Request for Proposals) for Land Development Codes Diagnostic Study: APPROVED
Assistant Planning Director Mark Williams presented a brief overview and history of the Land Development Codes Diagnostic Study. He noted that phase one of the study involves hiring a consultant to evaluate the current code and provide recommendations.

Discussion was held on the process of funding the study.

Planning Director Nicole Crutchfield spoke on the Planning Services budget and consultant costs.

Member Morgan moved to approve staff’s request to draft and publish a RFP (Request for Proposals) for the development codes diagnostic study and to otherwise initiate this project. Second by Member Sobolik. All Members present voted aye and the motion was declared carried.

Item 2: Renewal plans and the role of the Planning Commission
Director of Strategic Planning and Research Jim Gilmour distributed a handout to the Board and presented an overview of what a renewal plan is and how they work. He also provided information regarding the updated TIF (Tax-Increment Financing) policies.

Mr. Gilmour noted that when applications for renewal plans come before the Planning Commission, the role of the Planning Commission is to review the plans to see if they are consistent with the neighborhood development and land use compatibility.

Board discussion ensued regarding previously approved renewal plans, the rehabilitation or conservation of slum of blighted areas, costs, and plan implementation. No action was taken on this item.

The time at adjournment was 3:54 p.m.