Planning Commission - July 7, 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, July 7, 2020.
The Planning Commissioners present or absent were as follows:
Present: John Gunkelman, Mary Scherling, Rocky Schneider, Scott Stofferahn, Maranda Tasa, Jennifer Holtz, Dawn Morgan, Art Rosenberg
Absent: Melissa Sobolik
Chair Gunkelman called the meeting to order.
He also welcomed new City Commissioner and liaison to the Planning Commission Arlette Preston, and extended congratulations Member Morgan as a newly elected member to the Fargo Park Board.
Business Items
Item A: Approve Order of Agenda
Member Schneider moved the Order of Agenda be approved as presented. Second by Member Morgan. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of June 2, 2020
Member Tasa moved the minutes of the June 2, 2020 Planning Commission meeting be approved. Second by Member Scherling. All Members present voted aye and the motion was declared carried.
Item C: No Scheduled July Brown Bag Luncheon
Item D: Public Hearing Items
Item 1: Austin’s Subdivision
Continued hearing on an application requesting a Conditional Use Permit to allow an Alternative Access Plan on a portion of Lot 1, Block 2, Austin’s Subdivision. (Located at 5451 53rd Street South) (Hockey 52, LLC/Century Builders, LLC): APPROVED
Planner Kylie Bagley presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held regarding the availability of street parking.
Sheri Fercho, 4903 Rose Creek Parkway South, spoke regarding requirements of the landscaping plan.
City Engineer Brenda Derrig spoke on behalf of the Engineering Department noting that parking is not allowed on the street in this area.
Discussion continued regarding the use of the building, process if the use changed, and if the proposed building was a public or private facility.
Planning and Development Director Nicole Crutchfield noted that this application is only for an Alternative Access Plan. She shared that there is a separate process for site plan review of the building and landscaping requirements to obtain a building permit.
Member Morgan moved the findings and recommendations of staff be accepted and the Conditional Use Permit be approved to allow an Alternative Access Plan as outlined within the staff report, as the proposal complies with Section 20-0909.D (1-6) of the Land Development Code and all other applicable requirements of the Land Development Code, with the following conditions:
1) A minimum of 44 parking stalls on site shall be provided.
2) The Conditional Use Permit will cease if the land use changes from a practice area.
3) Expansion of any proposed or existing use will trigger a reevaluation of off-street parking requirements on site.
Second by Member Stofferahn. On call of the roll Members Scherling, Tasa, Morgan, Stofferahn, Rosenberg, Schneider, and Gunkelman voted aye. Absent and not voting: Members Sobolik and Holtz. The motion was declared carried.
Item 2: Touchmark Addition
2a. Continued hearing on an application requesting a PUD, Planned Unit Development Master Land Use Plan within the boundaries of the proposed Touchmark Addition. (Located at 1201 35th Avenue South and 1200 Harwood Drive South) (Touchmark LLC/Waterford at Harwood Groves LLC): APPROVED
2b. Continued hearing on an application requesting a Zoning Change from AG, Agricultural and MR-3, Multi-Dwelling Residential with a PUD, Planning Unit Development to MR-3, Multi-Dwelling Residential with a PUD, Planned Unit Development on the proposed Touchmark Addition. (Located at 1201 35th Avenue South and 1200 Harwood Drive South) (Touchmark LLC/Waterford at Harwood Groves LLC): APPROVED
2c. Continued hearing on an application requesting a Plat of Touchmark Addition (Minor Subdivision) an unplatted portion of the Section 25, Township 139 North, Range 49 West and Lots 1, 15, and 16, Block 1, Replat of Waterford Addition, of the Fifth Principal Meridian, Cass County, North Dakota. (Located at 1201 35th Avenue South and 1200 Harwood Drive South) (Touchmark LLC/Waterford at Harwood Groves LLC): APPROVED
A Hearing has been set for May 5, 2020. At the May 5, 2020 meeting, the Hearing was continued to June 2, 2020. At the June 2, 2020 meeting, the Hearing was continued to this date and time.
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Brian Pattengale spoke on behalf of the application.
At 3:22 p.m., the Board took a five-minute recess for a sound check.
Member Holtz present.
The recess continued to further address technical difficulties.
At 4:01 pm, the meeting resumed. All Members present except Member Sobolik.
Member Morgan moved to continue the Planning Commission meeting to an in-person meeting on Wednesday, July 8, 2020 in the Commission Chambers. Second by Member Scherling. On call of the roll Members Morgan, Holtz, Scherling, Stofferahn, Tasa, Schneider, Rosenberg, and Gunkelman voted aye. Absent and not voting: Member Sobolik. The motion was declared carried.
The time at adjournment was 4:06 p.m.
The continued Meeting of the Board of Planning Commissioners of the City of Fargo, North Dakota, commenced in the Commission Chambers at City Hall at 12:00 p.m., Wednesday, July 8, 2020.
The meeting resumed. All Members present except Members Sobolik, Holtz, Stofferahn, and Rosenberg.
Chair Gunkelman called the meeting to order.
Mr. Kress provided an overview of the application presentation given on July 7, 2020.
Applicant Brian Pattengale spoke on behalf of the application.
Sheri Fercho, 4903 Rose Creek Parkway South, questioned why the zoning was AG, Agricultural, if the current tree grove would be removed, if Residential Protection Standards applies, and why the zoning needed to be changed.
Mr. Kress noted the zoning has been AG, Agricultural since the land was annexed into the City, and it would need to be changed to match the property and its use.
Mr. Pattengale stated the grove of trees would be removed due to the building expansion, and that there was not a request to modify Residential Protection Standards.
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 AG, Agricultural and MR-3, Multi-Dwelling Residential with a PUD, Planned Unit Development to MR-3, Multi-Dwelling Residential with a PUD, Planned Unit Development, 2) a PUD, Planned Unit Development Master Land Use Plan, and 3) Subdivision Plat, Touchmark Addition as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Standards of Article 20-06, Section 20-0906.F (1-4) Section 20-0908.B (7) of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Tasa. On call of the roll Members Schneider, Scherling, Morgan, Tasa, and Gunkelman voted aye. Absent and not voting: Members Holtz, Sobolik, Rosenberg, and Stofferahn. The motion was declared carried.
Item 3: Madelyn’s Meadows Third Addition
3a. Hearing on an application requesting a Zoning Change from SR-4, Single-Dwelling Residential and P/I, Public and Institutional to SR-4, Single-Dwelling Residential, P/I, Public and Institutional, and MR-1, Multi-Dwelling Residential on the proposed Madelyn’s Meadows Third Addition. (Located at 2613, 2639, 2667, 2689, 2697, 2707, 2729, 2751, 2769, 2791, 2801, 2815, 2827, 2845, 2863, 2875, 2891, 2951 72nd Avenue South, and 7203 and 7231 30th Street South) (Sitka Investments, LLC/Jon Youness): APPROVED
3b. Hearing on an application requesting a Plat of Madelyn’s Meadows Third Addition (Major Subdivision) a replat of portions of Lots 1-17, Block 1, Madelyn’s Meadows Second Addition; Lots 10 and 11, Block 3, Madelyn’s Meadows First Addition; and a portion of Lot 12, Block 3, Madelyn’s Meadows First Addition to the City of Fargo, Cass County, North Dakota. (Located at 2613, 2639, 2667, 2689, 2697, 2707, 2729, 2751, 2769, 2791, 2801, 2815, 2827, 2845, 2863, 2875, 2891, 2951 72nd Avenue South, and 7203 and 7231 30th Street South) (Sitka Investments, LLC/Jon Youness): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the 300-foot boundary staff uses for sending notification letters to property owners, and greenspace for parks and bike trails.
Applicant Jon Youness spoke on behalf of the application. He indicated a plan for some sort of trail system along the levy.
Sheri Fercho, 4903 Rose Creek Parkway South, spoke asking if consideration was given to what people in the neighborhood wanted; would apartments be placed in the area?
Mr. Kress provided an overview of the application and review process, noting there is a public notification process based on ordinance.
Planning and Development Assistant Director Mark Williams shared an overview of the 2007 Growth Plan Development process and stated any deviation from the Growth Plan has to go through a Growth Plan Amendment.
Ms. Fercho continued, stating she has friends in the Eagle Point area who are angry about rezoning close to their neighborhood. She noted people do not want multi-dwelling units next to single-family homes.
Member Morgan noted a goal of the City is to provide housing for a variety of situations.
Mr. Williams stated for each situation the Planning Department looks at, there are policy and procedures in place. He noted a main factor of the Growth plans is diversification of housing throughout the City.
Member Tasa moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the 1) Zoning Change from P/I, Public and Institutional and SR-4, Single-Dwelling Residential to P/I, Public and Institutional, SR-4, Single-Dwelling Residential, and MR-1, Multi-Dwelling Residential and 2) Subdivision Plat Madelyn’s Meadows Third 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. On call of the roll Members Schneider, Scherling, Tasa, Morgan, and Gunkelman voted aye. Absent and not voting: Members Holtz, Stofferahn, Sobolik, and Rosenberg. The motion was declared carried.
Item 4: South Haven Subdivision
Hearing on an application requesting a Zoning Change from SR-2, Single-Dwelling Residential to SR-3, Single-Dwelling Residential on Lots 25-32, South Haven Subdivision. (Located at 2505-2617 65th Avenue South) (Ryland Development Corp): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant representative Jon Youness spoke on behalf of the application.
Adam Hollingsworth, 2704 64th Avenue South, spoke asking how many lots were proposed, and timeline of the area being developed.
Mr. Youness gave a brief overview of the development plan for the area.
Ms. Derrig noted infrastructure will be going in at 65th Avenue and extended to the first or second street in.
Member Schneider moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Zoning Change from SR-2, Single-Dwelling Residential to SR-3, Single Dwelling Residential as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the 2007 Growth Plan, 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. On call of the roll Members Scherling, Tasa, Morgan, Schneider, and Gunkelman voted aye. Absent and not voting: Members Sobolik, Stofferahn, Holtz, and Rosenberg. The motion was declared carried.
Item 5: Timber Parkway Third Addition
Hearing on an application requesting a Zoning Change to repeal and reestablish a C-O, Conditional Overlay on Lots 1-7, Block 1, Timber Parkway Fourth Addition; Lot 3, Block 1, Timber Parkway Third Addition; and Lot 1, Block 1, Timber Parkway Second Addition. (Located at 4935 and 5081 Timber Parkway South; 3439, 3375, and 3400 James Way South; and 3360, 3401, 3430, and 3485 Jacks Way South) (PLC Investments, LLC): APPROVED
Ms. Bagley presented the staff report stating all approval criteria have been met and staff is recommending approval. She noted an updated page 5 of the proposed Conditional Overlay was provided to the Board.
Applicant Chris Mack spoke on behalf of the application.
Member Schneider moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Zoning Change to repeal and reestablish a C-O, Conditional Overlay 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) of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Scherling. On call of the roll Members Scherling, Tasa, Morgan, Schneider, and Gunkelman voted aye. Absent and not voting: Members Sobolik, Stofferahn, Holtz, and Rosenberg. The motion was declared carried.
Item 6: Turf Tamers Addition
Hearing on an application requesting a Plat of Turf Tamers Addition (Minor Subdivision) a replat of Lots 2-3, Block 4, Laverne’s Addition to the City of Fargo, Cass County, North Dakota. (Located at 4170 and 4200 24th Avenue North) (Laverne A Montplaisir Family Trust/Brian Pattengale): APPROVED
Planning Assistant Maggie Squyer presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Tasa moved the findings and recommendations of be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Turf Tamers 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 Morgan, Scherling, Schneider, Tasa, and Gunkelman voted aye. Absent and not voting: Members Stofferahn, Sobolik, Rosenberg, and Holtz. The motion was declared carried.
Item E: Other Items:
Item 1: Land Development Code Diagnostic Workshop
Planning Coordinator Aaron Nelson provided a brief update stating the consultants from Lisa Wise Consulting were unable to attend today’s continued meeting. He noted rescheduling options would be complied to hold a virtual discussion with the consultant team, for them to present their findings and lead discussion.
Discussion was held regarding if the Land Development Code would have information from the Core Neighborhoods plan incorporated.
Mr. Nelson noted there will be an overlap in the two studies, however this planned discussion is specific for the Land Development Code Diagnostic.
Adam Hollingsworth, 2704 64th Avenue South, asked for an overview explaining what the Land Development Code Diagnostic is.
Mr. Nelson stated it is a quick summary to identify the strength and weakness of the current Land Development Code, and will serve as next steps towards a more comprehensive set of updates to the current codes.
Member Schneider moved to adjourn the meeting. Second by Member Tasa. All Members present voted aye. The motion was declared carried.
The time at adjournment was 1:03 p.m.