Planning Commission - December 1, 2020 Minutes
The Regular Meeting of the Board of Planning Commissioners of the City of Fargo, North Dakota, was held virtually in the Commission Chambers at City Hall at 3:00 p.m., Tuesday, December 1, 2020.
The Planning Commissioners present or absent were as follows:
Present: John Gunkelman, Mary Scherling, Rocky Schneider, Melissa Sobolik, Scott Stofferahn, Maranda Tasa, Jennifer Holtz, Dawn Morgan, Art Rosenberg
Chair Gunkelman called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Chair Gunkelman stated that Items 2 and 7 have been continued to the January 5, 2020 Planning Commission meeting.
Member Schneider moved the Order of Agenda be approved as presented. Second by Member Sobolik. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of November 3, 2020
Member Tasa moved the minutes of the November 3, 2020 Planning Commission meeting be approved. Second by Member Schneider. All Members present voted aye and the motion was declared carried.
Item C: No December Brown Bag Meeting Scheduled
Item D: Public Hearing Items
Item 1: Eagle Valley Fourth Addition
1a. Continued hearing on an application requesting a Zoning Change from P/I, Public and Institutional to SR-4, Single-Dwelling Residential within the boundaries of the proposed Eagle Valley Fourth Addition. (Located at 7300 23rd Street South) (Eagle Ridge Development, LLC): APPROVED
1b. Continued hearing on an application requesting a Plat of Eagle Valley Fourth Addition (Major Subdivision) a replat of Lot 20, Block 5, Eagle Valley Addition to the City of Fargo, Cass County, North Dakota. (Located at 7300 23rd Street South) (Eagle Ridge Development, LLC): APPROVED
A Hearing had been set for November 3, 2020. At the November 3, 2020 meeting, the Hearing was continued to this date and time.
Assistant Planner Maggie Squyer presented the staff report stating all approval criteria have been met and staff is recommending approval. She noted additional comments received were emailed to Board members, and that a virtual neighborhood meeting was held on November 19, 2020.
Ms. Squyer stated that resident Chris Ford submitted an updated protest before the meeting that will be emailed out to Board members following the meeting.
Discussion was held on the changes made to the application and site plan.
Applicant Jon Youness, Eagle Ridge Development, spoke on behalf of the application noting the MR-1, Multi-Dwelling Residential zoning has been removed from the application.
Discussion continued on lot sizes, changes from the original proposal, and the history of the property.
Dave Leker, Executive Director of the Fargo Park District, further shared on the history of the property.
Ms. Squyer read letters in opposition submitted after the packet-publishing deadline to the Board from the following residents:
Andrea Fogderud, 7424 21st Street South
Damon Kelly, 7320 20th Street South
The following residents spoke in opposition to the application stating the following concerns: neighborhood feeling deceived, effect to value of current homes, increased congestion to the area, needing more than two neighborhood meetings, and Public/Institutional uses being a better fit for the area.
Chris Ford, 7329 21st Street South (spoke on behalf of daughter and son-in-law)
Matt Kosak, 7416 21st Street South
Eric Escarraman, 7404 21st Street South
Discussion was held on the work the developer has done to update the project, what uses are allowed in the P/I, Public and Institutional zoning district, recap of the neighborhood meetings, the process of the Park District to sell the land, and the process done to update the application.
Mr. Leker noted the process for sale of the property, stated it was publicly noticed, and no testimony was received.
Member Schneider moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Zoning Change from P/I, Public and Institutional to SR-4, Single-Dwelling Residential, and 2) Subdivision Plat Eagle Valley Fourth Addition as outlined within the staff report, as the proposal complies with the 2007 Growth Plan, the Standards of Article 20-06, Section 20-0906.F (1-4) of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Morgan.
Board discussion was held regarding Member Morgan abstaining from the vote.
Member Morgan stated she intends to vote on the item and withdraw her recusal.
Mr. Leker noted the Park District is no longer the owner of this property.
Assistant City Attorney Alissa Farol spoke on behalf of the City Attorney’s office.
Chair Gunkelman requested Member Morgan to recuse from voting on this item and called for a new second to the motion.
Second by Member Stofferahn. On call of the roll Members Holtz, Tasa, Stofferahn, Rosenberg, Schneider, Sobolik, and Gunkelman voted aye. Member Scherling voted nay. Member Morgan abstained from voting. The motion was declared carried.
At 4:00 p.m., the Board took a five-minute recess.
After Recess: All Members present. Chair Gunkelman presiding.
Item 2: Section 5, Township 138 North, Range 49 West
Continued hearing on an application requesting a Growth Plan Amendment on an unplatted portion of Section 5, Township 138 North, Range 49 West. (Located at 5702 52nd Avenue South) (Four Horsemen, LLC/Nate Vollmuth): CONTINUED TO JANUARY 5, 2021
A Hearing had been set for November 3, 2020. At the November 3, 2020 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to January 5, 2021.
Item 3: Oak Grove Historic Overlay Zoning District
Hearing on an application requesting a Zoning Change to establish the Oak Grove Neighborhood Historic Overlay District on Blocks 29, 30, 39, 40, and 41, Keeney and Devitts Second Addition; Blocks 1, 2, and 3 Oak Grove Addition; and Blocks 2, 3, and 4, Lindsays Addition. (Located in the area roughly bounded on the North by 8th Avenue North, East by Short Street North, South by 6th Avenue North and some areas further south towards the Red River, and West between 1st and 2nd Street North): APPROVED
Planning Coordinator Maegin Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval. She noted additional comments received were emailed to Board members, and stated the Historic Preservation Commission approved this application on November 17, 2020.
Applicant Carol Pearson spoke on behalf of the application.
Tracy Walvatne, 1123 4th Street North, spoke in favor of the application.
Discussion was held regarding if there would be additional costs to the homeowners.
Member Scherling moved the findings and recommendations of the Historic Preservation Commission and staff be accepted and approval be recommended to the City Commission of the proposed Oak Grove Historic Overlay District as outlined within the staff report, as the proposal complies with the GO2030 Comprehensive Plan, Section 20-0305.E. 1 & 2 (a-f), Section 20-0906.F (1-4) of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Schneider. On call of the roll Members Schneider, Sobolik, Stofferahn, Rosenberg, Holtz, Scherling, Tasa, Morgan, and Gunkelman voted aye. The motion was declared carried.
Item 4: Huynh Kha Addition
Hearing on an application requesting a Plat of Huynh Kha Addition (Major Subdivision) a plat of an unplatted portion of the Northeast Quarter of Section 12, Township 139 North, Range 49 West to the City of Fargo, Cass County, North Dakota. (Located at 1425 Main Avenue) (Huynh Kha Property, LLC/Dovetail Development, LLC): APPROVED
Ms. Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on future Department of Transportation plans involving Main Avenue.
Planning and Development Director Nicole Crutchfield noted the Department of Transportation will communicate with property owners.
Member Schneider moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Huynh Kha Addition as outlined within the staff report, as the proposal complies with the GO2030 Comprehensive Plan, the Standards of Article 20-06, Section 20-0907.C (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 Scherling, Sobolik, Stofferahn, Holtz, Rosenberg, Tasa, Schneider, and Gunkelman voted aye. Member Morgan voted nay. The motion was declared carried.
Item 5: Darling’s First Addition
Hearing on an application requesting a Zoning Change from LC, Limited Commercial and MR-2, Multi-Dwelling Residential to MR-2, Multi-Dwelling Residential of Lot 6, Block 2, Darling’s First Addition. (Located at 721 University Drive South) (C/D Fraser LTD./Lowry Engineering): APPROVED
Ms. Squyer presented the staff report stating all approval criteria have been met and staff is recommending approval. She noted an additional comment received was emailed to Board members.
Discussion was held regarding the construction that has already began on the property, and if it is within code to begin a project before being approved for the zoning change.
Applicant Jon Lowry spoke on behalf of the application. He noted there will be no additional boarding space with the project, only additional office and community space.
Discussion was held on the proposed use of the project.
Tony Ocana, 1117 8th Avenue South, asked Ms. Squyer to provide an overview of the key concerns received in the resident opposition letters, including police calls, transient activity, fireworks, and drug use in the neighborhood.
Mr. Ocana spoke in opposition to the application and noted concerns of the future use to allow additional multi-dwelling residential units.
Discussion was held on the current split zoning on the property, the future concern for the MR-2, Multi-Dwelling Residential zoning to allow additional residential units on the lot, and the lack of better communications to the neighborhood from Fraser.
Ms. Crutchfield noted that MR-2, Multi-Dwelling Residential zoning and its requirements would all have to be met on the property, and at this time no additional residential units are proposed, only additional office and community space.
Discussion was held on the missed opportunity by Fraser to address neighborhood questions, and concerns that the applicant has already begun construction prior to zoning approval.
Mr. Lowry stated the goal for this project is to clean up the properties into one zoning district.
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 LC, Limited Commercial and MR-2, Multi-Dwelling Residential to MR-2, Multi-Dwelling Residential as outlined within the staff report, as the proposal complies with the 2007 Growth 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 Holtz. On call of the roll Members Stofferahn, Tasa, Morgan, Schneider, Sobolik, Holtz, Scherling, Rosenberg, and Gunkelman voted aye. The motion was declared carried.
Item 6: Arcadia Park View Addition
6a. Hearing on an application requesting a Zoning Change from SR-3, Single-Dwelling Residential to SR-4, Single-Dwelling Residential within the boundaries of the proposed Arcadia Park View Addition. (Located at 18 and 20 8th Avenue North) (Arcadia Park View, LLC/Larry Carcoana): APPROVED
6b. Hearing on an application requesting a Plat of Arcadia Park View Addition (Minor Subdivision) a replat of Lot 8 and parts of Lots 9-10, Block 6, Truesdell’s Addition to the City of Fargo, Cass County, North Dakota. (Located at 18 and 20 8th Avenue North) (Arcadia Park View, LLC/Larry Carcoana): APPROVED
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicants Larry Carcoana and Dmitry Kovalyov spoke on behalf of the application.
Discussion was held on if the proposed homes would be rental or for purchase, and the maximum number of units allowed on the property.
Member Morgan moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Zoning Change from SR-3, Single-Dwelling Residential to SR-4, Single-Dwelling Residential, and 2) Subdivision Plat Arcadia Park View Addition as outlined within the staff report, as the proposal complies with the GO2030 Comprehensive Plan, the Standards of Article 20-06, Section 20-0906.F (1-4) of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Schneider. On call of the roll Members Rosenberg, Sobolik, Holtz, Scherling, Morgan, Schneider, Stofferahn, Tasa, and Gunkelman voted aye. The motion was declared carried.
Item E: Other Items
Item 1: 2021 Planning Commission Meeting Calendar
Chair Gunkelman stated the 2021 meeting calendar is included in the packet.
Mr. Kress noted that the June and September meetings will be held on Thursdays due to the Memorial Day and Labor Day holidays.
Item 2: Project Update: Core Neighborhoods Plan
Planning Coordinator Aaron Nelson presented an update on the Core Neighborhoods Plan, noting additional information is available on the City of Fargo website.
Member Tasa moved to adjourn the meeting at 5:25 p.m. Second by Member Morgan. All Members present voted aye and the motion was declared carried.