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Planning Commission - September 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 o'clock p.m., Tuesday, September 4, 2018.

The Planning Commissioners present or absent were as follows:

Present: Shara Fischer, John Gunkelman, Mike Magelky, Dawn Morgan, Rocky Schneider, Melissa Sobolik, Scott Stofferahn, Brad Bachmeier

Absent: Maranda Tasa, Mary Scherling

Chair Fischer called the meeting to order.

Business Items:
Item A: Approve Order of Agenda
Chair Fischer noted the following Agenda items:
- Item 1c has been continued to November 6, 2018
- Item 3 has been withdrawn by the applicant
- Item 5a and 5b have been continued to October 2, 2018

Member Schneider requested Item 6 be heard after Item 2.

No action was taken on this item.

Item B: Minutes: Regular Meeting of August 7, 2018
Member Magelky moved the minutes of the August 7, 2018 Planning Commission meeting be approved. Second by Member Gunkelman. All Members present voted aye and the motion was declared carried.

Item C: September 19, 2018 Brown Bag Luncheon
Topic: To Be Determined

Item D: Public Hearing Items:

Item 1: NSC Addition
1a. Continued hearing on an application requesting a Growth Plan Amendment within a portion of the boundaries of the proposed NSC Addition. (Located at 6101 45th Street North) (City of Fargo/Fargo Park District): APPROVED

1b. Continued hearing on an application requesting a Zoning Change from AG, Agricultural to P/I, Public and Institutional within a portion of the boundaries of the proposed NSC Addition. (Located at 6101 45th Street North) (City of Fargo/Fargo Park District): APPROVED

1c. 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 NOVEMBER 6, 2018

1d. Continued hearing on an application requesting a Plat of NSC Addition (Major Subdivision) on an unplatted portion of land in the Northwest Quarter and the Northwest Quarter of the Southwest Quarter of Section 10, Township 140 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota. (Located at 5703 and 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 this date and time.

The applicant has requested that item 1c. be continued to November 6, 2018.

Planning Coordinator Maegin Elshaug 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 1) Growth Plan Amendment; 2) Zoning Change from AG, Agricultural to P/I, Public and Institutional; and 3) Subdivision Plat, NSC Addition as outlined within the staff report as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Standards of Article 20-06, Section 20-0905.H, 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 Sobolik. On call of the roll Members Sobolik, Morgan, Bachmeier, Stofferahn, Schneider, Magelky, Gunkleman, and Fischer voted aye. Absent and not voting: Members Scherling and Tasa. The motion was declared carried.

Item 2: Urban Plains by Brandt Fourth Addition
Continued hearing on an application requesting a Plat of Urban Plains by Brandt Fourth Addition (Minor Plat) on Lots 2 and 3, Block 1, Urban Plains by Brandt Third Addition to the City of Fargo, Cass County, North Dakota. (Located at 5616 26th Avenue South) (Urban Plains Land Co., LLC/Houston Engineering): APPROVED
Planning Coordinator Aaron Nelson 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, Urban Plains by Brandt Fourth 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, Schneider, Sobolik, Stofferahn, Morgan, Bachmeier, Gunkelman, and Fischer voted aye. Absent and not voting: Members Scherling and Tasa. The motion was declared carried.

Item 6 was heard after Item 2.

Item 3: Osgood Townsite 11th Addition
Hearing on an application requesting a Zoning Change from LC, Limited Commercial with a C-O, Conditional Overlay to GC, General Commercial with a C-O, Conditional Overlay on Lot 6, Block 1, Osgood Townsite 11th Addition. (Located at 4821 45th Street South) (James & Kristen Bullis Family, LLLP/Cassie Schmidt): WITHDRAWN
A hearing had been set for this date and time; however, the applicant has requested this item be withdrawn.

Item 4: St. Paul’s Newman Center Addition
4a. 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): CONTINUED TO OCTOBER 2, 2018

4b. 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): CONTINUED TO OCTOBER 2, 2018

4c. 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): CONTINUED TO OCTOBER 2, 2018
Planning Director Nicole Crutchfield presented background and commentary on the roles of the Planning Department and Planning Commission. She noted an overview of the application process and provided a definition of a PUD, Planned Unit Development.

Planning Coordinator Donald Kress presented the staff report stating that staff is recommending this item be continued to October 2, 2018. He noted that additional documents were submitted to the Board.

Member Magelky absent.

Discussion was held regarding the current land use plan and details of when the application was submitted.

Applicant Larry Nygard, Roers Development, spoke on behalf of the application.

Discussion continued regarding the description of faith-based housing, ownership of the lots, proposed density, the unified development and interdependence of the lots, targeted market for tenants, and the changes the project has undergone.

At 4:30 p.m., the Board took a ten-minute recess.

After recess: All Members present except Members Magelky, Scherling, and Tasa. Chair Fischer presiding.

Ken Enockson, 1202 8th Street North, and Harold Thompson, 1309 9th Street North, Roosevelt Neighborhood Association representatives, gave a presentation of an overview of the neighborhood concerns, including permanent loss of single-family homes affecting neighborhood schools, the cycle of neglect of homes, parking issues, and building height and density concerns.

The following property owners spoke in opposition to the proposal stating the following concerns: Fargo’s current high vacancy rate in apartment housing; building height; a need to maintain housing stock in core neighborhoods; the attendance decline of the neighborhood schools; declining enrollment at NDSU; the noticeable number of vacant rental properties; consistency of the project with the Roosevelt/NDSU Neighborhood plan; parking concerns for the Newman Center and the multi-dwelling residential; the concern of having to repeatedly appear before the Planning Commission and City Commission in the interest of the neighborhood.

Connie Norheim, 1013 16th Street North
Ken Lepper, 1021 8th Avenue North
Jean Bultman, 1137 11th Street North
Tracey Walvatne, 1123 4th Street North
Luke Champa, 723 15th Avenue North
Kay Schwarzwalter, 723 3th Avenue South
Ken Runsvold, 1030 Oak Street
Jerry McDonald, 1026 North Broadway Ave
Les Herbranson, 1042 14th Street North
Jim Syvertson, 1354 4th Street North
Julie Brummund, 727 7th Street North #3

Discussion continued regarding tax incentives.

City Attorney Eric Johnson noted there has been no application for tax incentives has been submitted.

Member Bachmeier moved to accept the recommendation of staff and continue this item to the October 2, 2018 Planning Commission meeting. Second by Member Gunkelman. On call of the roll Members Gunkelman, Sobolik, Stofferahn, Morgan, Bachmeier, Schneider, and Fischer voted aye. Absent and not voting: Members Magelky, Tasa, and Scherling. The motion was declared carried.

Item 5: Rocking Horse Farm 6th Addition
5a. Hearing on an application requesting a Zoning Change from AG, Agricultural to LC, Limited Commercial with a C-O, Conditional Overlay within the boundaries of the proposed Rocking Horse Farm 6th Addition. (Located at 5801 52nd Avenue South) (Janice L. Promersberger/Houston Engineering): CONTINUED TO OCTOBER 2, 2018

5b. Hearing on an application requesting a Plat of Rocking Horse Farm 6th Addition (Minor Subdivision) on a portion of the Southeast. Quarter of Section 32, Township 139 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota. (Located at 5801 52nd Avenue South) (Janice L. Promersberger/Houston Engineering): CONTINUED TO OCTOBER 2, 2018
A hearing had been set for this date and time; however, the applicant has requested this item be continued to October 2, 2018.

Item 6: Legacy I 2nd Addition
Hearing on an application requesting a Zoning Change from MR-1, Multi-Dwelling Residential to SR-5, Single-Dwelling Residential on part of Lot 14 and all of Lot 15, Block 3, Legacy I 2nd Addition. (Located at 2127 58th Avenue South) (Clarence and Noreen Aadland, Maureen Olson, Cleo Jahnke, Barry and Lori Ann Schwan):
Assistant Planner Kylie Bagley 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 Zoning Change from MR-1, Multi-Dwelling Residential, to SR-5, Single-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 Sobolik, Magelky, Gunkelman, Morgan, Schneider, Stofferahn, Bachmeier, and Tasa voted aye. Absent and not voting: Members Tasa and Scherling. The motion was declared carried.

Item 7: Text Amendment
Hearing on an application requesting an LDC Text Amendment to amend Section 20-0504.G of Article 20-05 of the Fargo Municipal Code (Land Development Code) relating to the measurement of building height. (City of Fargo): APPROVED
Ms. Bagley presented the staff report stating all approval criteria have been met and staff is recommending approval.

Discussion was held regarding the background of this text amendment.

Member Sobolik moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Text Amendment to Section 20-0504.G of the Fargo Municipal Code (Land Development Code) as outlined within the staff report, as the proposal meets the approval criteria of Subsection 20-0904.E (1-3) of the Land Development Code. Second by Member Gunkelman. On call of the roll Members Gunkelman, Sobolik, Bachmeier, Morgan, Stofferahn, Schneider, and Fischer voted aye. Absent and not voting: Members Magelky, Tasa, and Scherling. The motion was declared carried.

Item E: Other Items:

Item 1: Request for Planning Commission approval of a variance to restrictive covenants on Lot 2, Block 2, Airport First Addition. (Located at 2601 and 2629 12th Street North) (Alpha Omega Development/Spartan Garages LLC et al.): APPROVED
Mr. Nelson presented the staff report and background on the application stating all approval criteria have been met and staff is recommending approval.

Applicant Garret Smith spoke on behalf of the application.

Member Stofferahn moved the findings and recommendations of staff be accepted and the variance to the restrictive covenants of Airport 1st Addition be approved as presented on Lot 2, Block 2, Airport 1st Addition. Second by Member Schneider. All Members present voted aye and the motion was declared carried.

Chair Fischer read a plaque commemorating Kelly Steffes for her time and service to the Fargo Planning Commission.

The time at adjournment was 6:18 p.m.