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Planning Commission - January 7, 2020 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, January 7, 2020.

The Planning Commissioners present or absent were as follows:

Present: John Gunkelman, Mike Magelky, Rocky Schneider, Scott Stofferahn, Maranda Tasa, Brad Bachmeier, Jennifer Holtz, Dawn Morgan, Art Rosenberg

Absent: Melissa Sobolik, Mary Scherling

Chair Gunkelman called the meeting to order.

Business Items:
Item A: Approve Order of Agenda
Chair Gunkelman noted the following Agenda items:
- Items 1, 2a, 2b, and 2c have been continued to February 4, 2020.

Member Stofferahn moved the Order of Agenda be approved as presented. Second by Member Schneider. All Members present voted aye and the motion was declared carried.

Item B: Minutes: Regular Meeting of December 3, 2019
Member Stofferahn moved the minutes of the December 3, 2019 Planning Commission meeting be approved. Second by Member Bachmeier. All Members present voted aye and the motion was declared carried.

Item C: January 22, 2020 Brown Bag Luncheon: Cancelled

Item D: Public Hearing Items

Item 1: Rail Crossing First Addition
Continued hearing on an application requesting a Plat of Rail Crossing First Addition (Minor Subdivision) a replat of Lots 6-20, Block 11; Lots 14-21, Block 12; portion of the vacated alley in Block 11; and a portion of vacated 22nd Street; all in Tyler’s Addition, to the City of Fargo, Cass County, North Dakota. (Located at 2161 and 2215 3rd Avenue North; 321 23rd Street North) (Rail Crossing LLC/Fabricators Unlimited): CONTINUED TO FEBRUARY 4, 2020
A Hearing had been set for October 1, 2019. At the October 1, 2019 meeting, the Hearing was continued to November 5, 2019. At the November 5, 2019 meeting, the Hearing was continued to December 3, 2019. At the December 3, 2019 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to February 4, 2020.

Item 2: Valley View Estates Addition
2a. Continued hearing on an application requesting a Growth Plan Amendment of the proposed Valley View Estates Addition. (Located at 4952, 5052, and 5080 36th Avenue South) (K Square Development LLC/ Eagle Ridge Development LLC): CONTINUED TO FEBRUARY 4, 2020

2b. Continued hearing on an application requesting a Zoning Change from AG, Agricultural to SR-4, Single-Dwelling Residential, MR-2, Multi-Dwelling Residential, and P/I, Public and Institutional within the proposed Valley View Estates Addition. (Located at 4952, 5052, and 5080 36th Avenue South) (K Square Development LLC/ Eagle Ridge Development LLC): CONTINUED TO FEBRUARY 4, 2020

2c. Continued hearing on an application requesting a Plat of Valley View Estates Addition (Major Subdivision) a plat of an unplatted portion of the Southwest Quarter and the Southeast Quarter of Section 28, Township 139 North, Range 48 West of the 5th Principal Meridian to the City of Fargo, Cass County, North Dakota. (Located at 4952, 5052, and 5080 36th Avenue South) (K Square Development LLC/ Eagle Ridge Development LLC): CONTINUED TO FEBRUARY 4, 2020
A Hearing had been set for December 3, 2019. At the December 3, 2019 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to February 4, 2020.

Item 3: Bentley Place First Addition
3a. Hearing on an application requesting a Zoning Change from LC, Limited Commercial with a C-O, Conditional Overlay to LC, Limited Commercial with a PUD, Planned Unit Development Overlay and a request to repeal the C-O, Conditional Overlay on Lot 6, Block 1, Bentley Place First Addition. (Located at 5601 33rd Avenue South) (Bentley Place Properties, LLC/Eagle Ridge Development LLC): CONTINUED TO FEBRUARY 4, 2020

3b. Hearing on an application requesting a Planned Unit Development Master Land Use Plan within the boundaries of Lot 6, Block 1, Bentley Place First Addition. (Located at 5601 33rd Avenue South) (Bentley Place Properties, LLC/Eagle Ridge Development LLC): CONTINUED TO FEBRUARY 4, 2020
Planning Coordinator Maegin Elshaug presented the staff report stating that staff is recommending continuation to allow more time to coordinate and finalize details of the application. She noted that a laydown item of an email received was provided to the Board.

Applicant Jon Youness, Eagle Ridge Development, spoke on behalf of the application.

Board Members discussed the proposed height of the buildings, proposed building amenities, and the greenspace plaza being a great opportunity for public art.

Member Schneider moved to continue this item to the February 4, 2020 Planning Commission meeting. Second by Member Rosenberg. All Members present voted aye and the motion was declared carried.

Item 4: Commerce on 52nd First Addition
Hearing on an application requesting a Conditional Use Permit to allow Manufacturing and Production in the GC, General Commercial zoning district on portions of Lots 9 and 10, Block 1, Commerce on 52nd First Addition. (Located at 5192 51st Avenue South) (KJBA 52 Ave Commercial Properties, LLC and K&L Properties, LLC/Eagle Ridge Development LLC): APPROVED
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.

The Board discussed condition #6 and the amount of expansion that would be required to bring this Conditional Use Permit back before the Board.

Member Rosenberg moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow manufacturing and production uses in the GC, General Commercial zoning district be approved as outlined within the staff report as the proposal complies with the GO2030 Fargo Comprehensive Plan, Section 20-0906.F (1-4) of the Land Development Code, and all other applicable requirements of the Land Development Code, with the following conditions:

1) The property shall not be used in whole or in part for storage of rubbish or debris of any kind whatsoever nor for the storage of any property or items that will cause such lot to appear untidy, unclean or unsightly as determined by the Zoning Administrator; nor shall any substance, item or material be kept on any lot that will emit foul odors, including compost sites and fertilizer. All garbage containers, including dumpsters, shall be concealed from public view by fence, screen wall or building extension.

2) No outdoor storage of equipment or supplies.

3) Off-street parking, loading, and vehicular circulation areas (including circulation areas internal to storage yards) shall have and maintain an all-weather surface, as defined by the Land Development Code.

4) The manufacturing, production, or processing of food and/or animal products shall not be permitted.

5) The manufacturing, production, or processing of hazardous chemicals or materials shall not be permitted.

6) Any expansion of the manufacturing and production use shall require an amendment to the Conditional Use Permit with review and approval by the Planning Commission.

7) The Conditional Use Permit shall terminate if the manufacturing and production use cease for a period of more than 12 consecutive months.

8) Firearms assembly businesses must maintain required federal firearms licensure.

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

Item 5: Commerce on 12th Sixth Addition
Hearing on an application requesting a Plat of Commerce on 12th Sixth Addition (Minor Subdivision) a replat of Lots 5-9, Block 3, Commerce on 12th Addition to the City of Fargo, Cass County, North Dakota. (Located at 1201, 1251, 1279, 1301, and 1343 55th Street North) (Fargo Commercial Properties, LLC/PACES Lodging): APPROVED
Planner Kylie Bagley presented the staff report stating all approval criteria have been met and staff is recommending approval.

City Engineer Brenda Derrig, spoke on behalf of the Engineering Department and noted the storm sewer implications from adjusting the lot lines. She stated the applicant is aware.

Applicant representative Chris Mack, PACES Lodging, spoke on behalf of the application.

Member Magelky 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 Sixth 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 Stofferahn. On call of the roll Members Bachmeier, Magelky, Morgan, Rosenberg, Schneider, Holtz, Stofferahn, Tasa, and Gunkelman voted aye. Absent and not voting Members Sobolik and Scherling. The motion was declared carried.

Item 6: Simonson Companies Second Addition
6a. Hearing on an application requesting a Zoning Change to repeal and re-establish a C-O, Conditional Overlay in the LC, Limited Commercial zoning district within the proposed Simonson Companies Second Addition. (Located at 5237 38th Street South, and 3825 and 3863 53rd Avenue South) (Simonson Companies, LLC/Lowry Engineering): APPROVED

6b. Hearing on an application requesting a Plat of Simonson Companies Second Addition (Minor Subdivision) a replat of Lots 1 and 2, Block 1, Simonson Companies First Addition and Lot 1, Block 1, The District of Fargo Addition to the City of Fargo, Cass County, North Dakota. (Located at 5237 38th Street South, and 3825 and 3863 53rd Avenue South) (Simonson Companies, LLC/Lowry Engineering): APPROVED
Assistant Planner Maggie Squyer presented the staff report stating all approval criteria have been met and staff is recommending approval.

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 to repeal and re-establish a C-O, Conditional Overlay, in the LC, Limited Commercial zoning district, and 2) Subdivision Plat, Simonson Companies Second Addition as outlined within the staff report as the proposal complies with the Adopted Area Plan, the Standards of Article 20-06, and Section 20-0906.F (1-4) and all other applicable requirements of the Land Development Code. Second by Member Holtz. On call of the roll Members Rosenberg, Magelky, Holtz, Morgan, Schneider, Stofferahn, Tasa, Bachmeier, and Gunkelman voted aye. Absent and not voting: Members Sobolik and Scherling. The motion was declared carried.

Item 7: BRB Addition
Hearing on an application requesting a Plat of BRB Addition (Minor Subdivision) a replat of Lots 2 and 3, Block 1, Fitzsimonds Addition to the City of Fargo, Cass County, North Dakota. (Located at 5168 38th Street South and 3780 51st Avenue South) (BRB, LLC/Nate Vollmuth): APPROVED
Planning Intern Luke Morman presented the staff report stating all approval criteria have been met and staff is recommending approval.

Applicant Nate Vollmuth, Goldmark, spoke on behalf of the application.

Board Members discussed the applicant considering a bikepath for the development to connect to the neighborhood.

Mr. Kress noted that there would be a sidewalk on 38th Street South.

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

Member Rosenberg moved to adjourn the meeting. Second by Member Stofferahn. All Members present voted aye and the motion was declared carried.

The time at adjournment was 3:31 p.m.