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Planning Commission - December 4, 2018 Minutes

The Regular Meeting of the Board of Planning Commissioners of the City of Fargo, North Dakota, was held in the City Commission Room at City Hall at 3:00 p.m., Tuesday, December 4, 2018.

The Planning Commissioners present or absent were as follows:

Present: Shara Fischer, John Gunkelman, Mike Magelky, Dawn Morgan, Mary Scherling, Rocky Schneider, Scott Stofferahn, Maranda Tasa, Brad Bachmeier, Jennifer Holtz

Absent: Melissa Sobolik

Chair Fischer called the meeting to order.

Business Items:
Item A: Approve Order of Agenda
Chair Fischer noted the following Agenda items:
- Item 1 has been continued to February 5, 2019
- Items 3 and 6 have been withdrawn by the applicants

Member Tasa moved to hear Items 4 and 5 before Item 2 and that the Order of Agenda be approved. Second by Member Stofferahn. All Members present voted aye and the motion was declared carried.

Item B: Minutes: Regular Meeting of November 6, 2018
Member Magelky moved the minutes of the November 6, 2018 Planning Commission meeting be approved. Second by Member Tasa. All Members present voted aye and the motion was declared carried.

Item C: Thursday, December 13, 2018 Brown Bag Luncheon
Topic: Historical overview of the Mid-America Steel site

City Commissioner Tony Grindberg provided a brief background regarding the guest speaker, Mark Piehl, from the Clay County Historical Society and the history of the Mid-American Steel site.

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): CONTINUED TO FEBRUARY 5, 2019
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 this date and time; however, the applicant has requested this item be continued to February 5, 2019.

Item 2: St. Paul’s Newman Center Addition
2a. Continued hearing on an application requesting a Zoning Change from MR-3, Multi-Dwelling Residential, LC, Limited Commercial, and SR-3, Single-Dwelling Residential to MR-3, Multi-Dwelling Residential with a PUD, Planned Unit Development Overlay on the proposed St. Paul’s Newman Center Addition. (Located at 1113, 1117, 1119, 1129, 1131, 1141 North University Drive; 1112, 1118, 1122, 1126, 1130, 1134, 1138, 1142, 1146 12th Street North; 1201, 1211, 1213, 1215, 1223 11th Avenue North) (Roers Development): APPROVED

2b. Continued hearing on an application requesting a PUD, Planned Unit Development Master Land Use Plan within in the boundaries of the proposed St. Paul’s Newman Center Addition. (Located at 1113, 1117, 1119, 1129, 1131, 1141 North University Drive; 1112, 1118, 1122, 1126, 1130, 1134, 1138, 1142, 1146 12th Street North; 1201, 1211, 1213, 1215, 1223 11th Avenue North) (Roers Development): APPROVED

2c. Continued hearing on an application requesting a Plat of St. Paul’s Newman Center Addition (Minor Subdivision) a replat of Lots 1-10, Block 2, College Addition and Lots 1-4 and 15-23, Block 9, Bolley’s Addition, City of Fargo, Cass County, North Dakota. (Located at 1113, 1117, 1119, 1129, 1131, 1141 North University Drive; 1112, 1118, 1122, 1126, 1130, 1134, 1138, 1142, 1146 12th Street North; 1201, 1211, 1213, 1215, 1223 11th Avenue North) (Roers Development): APPROVED
A hearing had been set for September 4, 2018. At the September 4, 2018 meeting, the Hearing was continued to October 2, 2018. At the October 2, 2018 meeting the Hearing was continued to November 6, 2018. At the November 6, 2018 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 Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.

Discussion was held highlighting the changes to the project, noting a change from 2 lots to 3 lots.

Applicant Larry Nygard, Roers Development, spoke on behalf of the application. He shared additional updates to the project since the September 4, 2018 Planning Commission presentation. He noted a reduction in apartment units, the addition of townhomes, and removing a story of housing from the south and west sides of the market-rate housing.

Discussion was held regarding access between the buildings, shared facilities, and the proposed outdoor terrace.

Ken Enockson, 1202 8th Street North, Jim Laschkewitsch, 1016 College Street North, and Harold Thompsen, 1309 9th Street North, Roosevelt Neighborhood Association representatives, each spoke of the neighborhood concerns. Concerns included building height and density, the need for more detailed conversations between City departments and core neighborhoods, parking issues, Land Development Code integrity, and protecting single family living in the neighborhood.

Discussion was held regarding the next steps of the process following a Planning Commission decision.

At 4:06 p.m., the Board took a five-minute recess.

After recess: All Members present except Member Sobolik. Chair Fischer presiding.

Ken Lepper, 1021 8th Avenue North, gave a presentation to the Board sharing the following concerns in opposition to the application: high-density development outside of the UMU, University Mixed-Use zoning district; reduction of the quality of life in the neighborhood; and not bringing value to the neighborhood.

The following property owners spoke in opposition to the proposal stating the following concerns: maintaining Fargo’s “small city vs. big city” feel, water retention issues on the property, affordable housing for the neighborhood, setting a precedent for future high-density developments, and neighborhood safety.

Nick Geray, 621 9th Avenue North
Jean Bultman, 1137 11th Street North

Discussion continued regarding the number of townhomes, and concerns for preserving older neighborhood properties into the future.

Planning Director Nicole Crutchfield shared that great comments and concerns have been presented and that staff will continue their work on dialogs with the neighborhoods. She noted that many conversations have been happening regarding future visions, and aligning processes and goals of the City.

Further discussion was held regarding growth plans, land use plans, and the process of working towards compromises.

Member Gunkelman moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Zoning Chance from MR-3, Multi-Dwelling Residential; LC, Limited Commercial; and SR-3, Single-Dwelling Residential to MR-3, Multi-Dwelling Residential with a PUD, Planned Unit Development Overlay, 2) PUD Master Land Use Plan, and 3) Subdivision Plat, St. Paul’s Newman Center Addition as outlined within the staff report as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Roosevelt/NDSU Neighborhood Plan, the Standards of Article 20-06, Section 20-0908.B (7), 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 Holtz. On call of the roll Members Schneider, Scherling, Holtz, Gunkelman, and Fischer voted aye. Members Stofferahn, Morgan, Bachmeier, and Tasa voted nay. Member Magelky abstained from voting. Absent and not voting: Member Sobolik. The motion was declared carried.

Item 3: Landis Farms Addition
Continued hearing on an application requesting a Plat of Landis Farms Addition (Minor Subdivision) a replat of Lots 3 and 4, Block 1, Northern Sheyenne Land Addition, City of Fargo, Cass County, North Dakota. (Located at 5002 19th Avenue North) (Tina Jacobson/Ben Hippe, LJA): WITHDRAWN
A hearing had been set for October 2, 2018. At the October 2, 2018 meeting the Hearing was continued to November 6, 2018. At the November 6, 2018 meeting the Hearing was continued to this date and time; however, the applicant has requested this item be withdrawn.

Item 4: Gehrig Addition
Hearing on an application requesting a Plat of Gehrig Addition (Minor Subdivision) a replat of Lots 1 and 2, Block 3, West Acres 4th Addition, City of Fargo, Cass County, North Dakota. (Located at 1702 40th Street South and 3926 17th Avenue South): APPROVED
Assistant Planner Kylie Bagley presented the staff report stating all approval criteria have been met and staff is recommending approval.

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

Item 5: Egbert, O’Neil, and Haggart’s Subdivision
Hearing on an application requesting a Zoning Change from SR-4, Single-Dwelling Residential and GC, General Commercial to GC, General Commercial on all of Lots 5A, 5B, 6A, 6B, 8A, 8B, part of 7B, and half vacated alley adjacent to Block 16 and Block 21, Egbert, O’Neil, and Haggart’s Subdivision. (Located at 404 25th Street South): APPROVED
Planning Coordinator Maegin Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval.

Member Scherling moved the findings and recommendations for staff be accepted and approval be recommended to the City Commission of the proposed Zoning Change from GC, General Commercial and SR-4, Single-Dwelling Residential to GC, General Commercial as outlined within the staff report on the basis that it satisfactorily 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 Magelky. On call of the roll Members Bachmeier, Gunkelman, Magelky, Morgan, Scherling, Schneider, Holtz, Stofferahn, Tasa, and Fischer voted aye. Absent and not voting: Member Sobolik. The motion was declared carried.

Item 6: Reeves Addition
Hearing on an application requesting a Conditional Use Permit to allow Residential Living in a GC, General Commercial zoning district on Lots 10, 11, and 12, Block 6 and portions of adjacent vacated streets and alleys, Reeves Addition. (Located at 509 and 513 14th Street North): WITHDRAWN
A hearing had been set for this date and time; however, the applicant has requested this item be withdrawn.

Item E: Other Items:
Item 1: Notice of Amendments to Community Development Block Grant 5-Year Consolidated Plan & Annual Action Plans
Ms. Crutchfield presented a background of the proposal and provided updates on the details of the amendments. She noted federal guidelines and criteria have to be met and these amendments are part of the process.

Discussion was held on the future plan for more collaboration between the Planning Commission and Community Development Committee.

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

The time at adjournment was 5:14 p.m.