Planning Commission - November 3, 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, November 3, 2020.
The Planning Commissioners present or absent were as follows:
Present: John Gunkelman, Rocky Schneider, Melissa Sobolik, Scott Stofferahn, Maranda Tasa, Jennifer Holtz, Dawn Morgan, Art Rosenberg
Absent: Mary Scherling
Chair Gunkelman called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Member Stofferahn moved the Order of Agenda be approved as presented. Second by Member Sobolik. All Members present voted aye and the motion was declared carried.
Member Rosenberg present.
Item B: Minutes: Regular Meeting of October 6, 2020
Member Tasa moved the minutes of the October 6, 2020 Planning Commission meeting be approved. Second by Member Sobolik. All Members present voted aye and the motion was declared carried.
Item C: November 18, 2020 Brown Bag Luncheon – Cancelled
Chair Gunkelman shared that in lieu of a Brown Bag there will be an online training session offered through the North Dakota Planning Association on November 18 from 11:00 a.m. to 1:00 p.m. He noted that staff will provide a link and registration information to Board members.
Item D: Public Hearing Items
Item 1: Archer Place South
Hearing on an application requesting a Name Change Plat for Robins Lane South between 66th Avenue and Selkirk Drive South, located between Block 2 and Block 3, Selkirk Place First Addition, to be renamed Archer Place South. (Located at 3104-3237 Robins Lane South) (Earlyne L. Hector/Bolton & Menk, Inc.): APPROVED
Assistant Planner Maggie Squyer presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Morgan moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Name Change Plat as outlined within the staff report, as the proposal complies with the GO2030 Comprehensive 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 Rosenberg, Tasa, Morgan, Stofferahn, Schneider, Sobolik, and Gunkelman voted aye. Absent and not voting: Member Scherling. The motion was declared carried.
Item 2: Eagle Valley Fourth Addition
2a. Hearing on an application requesting a Zoning Change from P/I, Public and Institutional to SR-4, Single-Dwelling Residential and MR-1, Multi-Dwelling Residential within the boundaries of the proposed Eagle Valley Fourth Addition. (Located at 7300 23rd Street South) (Eagle Ridge Development, LLC): CONTINUED TO DECEMBER 1, 2020
2b. 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): CONTINUED TO DECEMBER 1, 2020
Ms. 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 the Board members.
Applicant Jim Bullis, Eagle Ridge Development, spoke on behalf of the application.
Member Holtz present.
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
Destrie Overmoe, 7429 18th Street South
The following residents spoke in opposition to the application stating the following concerns: wanting to keep the land as open greenspace where the community can interact, not wanting an apartment building in the area, increased traffic, and wanting to maintain a family environment in the neighborhood.
Chris Ford, 7329 21st Street South (spoke on behalf of daughter and son-in-law)
Sergio Benitez, 7309 21st Street South
Matt Kosak, 7416 21st Street South
Eric Escarraman, 7404 21st Street South
Mr. Kosak additionally read a letter from resident Cara Keller, 7478 21st Street South.
Mr. Bullis provided an overview on the history of this property between his development company and the Fargo Park District.
Discussion was held regarding the land south of the area and its use as a park and greenspace.
Dave Leker spoke on behalf of the Fargo Park District.
Board discussion continued noting the uncertainty of purchasing land on the edge of City growth and what will fill in around it, the benefits of diversity in a community and neighborhood, the expectations of residents to know about the City’s Growth Plan, and the City Commission super majority process.
Mr. Kress explained the super majority process for City Commission, and noted that the number of protests received has not been evaluated yet to see if it would qualify.
Member Tasa moved to continue this application to the December 1, 2020 Planning Commission meeting to allow additional conversations between the developer, staff, and area residents. Second by Member Stofferahn. On call of the roll Members Schneider, Holtz, Sobolik, Stofferahn, Rosenberg, Tasa, and Gunkelman voted aye. Member Morgan abstained from voting. Absent and not voting: Member Scherling. The motion was declared carried.
At 4:06 p.m., the Board took a five-minute recess.
After Recess: All Members present except Member Scherling.
Chair Gunkelman presiding.
Item 3: Eagle Valley Addition
Hearing on an application requesting a Growth Plan Amendment on Lots 1 and 2, Block 7, Eagle Valley Addition. (Located at 7401 and 7501 23rd Street South) (Eagle Ridge Development, LLC/76th Street Holdings LLC): DENIED
Planning Coordinator Donald Kress presented the staff report stating approval criteria has not been met and staff is recommending denial. He noted additional comments received were emailed to the Board members.
Applicant Jim Bullis spoke on behalf of the application.
Discussion was held on possible access points.
City Engineer Brenda Derrig spoke on behalf of the Engineering Department.
Resident Nate Vollmuth spoke noting that property changes hands based on needs and that more factors should be looked at with Growth Plan Amendment changes since the Growth Plan was developed in 2007, 13 years ago.
Jon Youness, Eagle Ridge Development, spoke on behalf of the application.
Discussion was held on the type of density the application is seeking, the future timeline projection of the 76th Avenue Interchange, and if special assessments play a factor.
Planning and Development Director Nicole Crutchfield stated the 2007 Growth Plan was developed to project for development 20 to 30 years into the future. She noted that development reached south quicker, but was still within the timeline. She added that economics should not be a factor for land development, and that studies are in the works for the Land Development Code.
Member Rosenberg moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Growth Plan Amendment from “Commercial” to “Residential Area - Lower to Medium Density” as outlined within the staff report.
Motion died for lack of a second.
Member Stofferahn moved the findings and recommendations of staff be accepted and denial be recommended to the City Commission of the proposed Growth Plan Amendment from “Commercial” to “Residential Area - Lower to Medium Density” as outlined within the staff report, as the proposal does not comply with the GO2030 Fargo Comprehensive Plan, the 2007 Growth Plan, and the Standards of Section 20-0905(H) of the Land Development Code. Second by Member Sobolik. On call of the roll Members Schneider, Sobolik, Stofferahn, Holtz, Tasa, and Morgan voted aye. Members Rosenberg and Gunkelman voted nay. Absent and not voting: Member Scherling. The motion was declared carried.
Item 4: Section 5, Township 138 North, Range 49 West
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 DECEMBER 1, 2020
Planning Coordinator Donald Kress presented the staff report stating approval criteria has not been met and staff is recommending denial. He reviewed what uses would be allowed in an Industrial Zoning District.
Applicant Nate Vollmuth gave a presentation on the proposed plans for the area.
Discussion was held on the future plans and connectivity of the Veterans Bike Path, the Growth Plan history, and entitlement process.
Mr. Vollmuth stated plans for the area include Commercial or Light Industrial, and noted his concerns that the Growth Plan does not contain a distinction between light and heavy industrial.
Member Sobolik moved to continue this application to the December 1, 2020 Planning Commission meeting. Second by Member Morgan. On call of the roll Members Morgan, Sobolik, Stofferahn, Holtz, Tasa, Rosenberg, Schneider, and Gunkelman voted aye. Absent and not voting: Member Scherling. The motion was declared carried.
Item 5: ADOC Addition
5a. Hearing on an application requesting a Zoning Change from GI, General Industrial to GC, General Commercial within the boundaries of the proposed ADOC Addition. (Located at 2900 12th Avenue North) (Potter Holdings, LLC/Nate Vollmuth): APPROVED
5b. Hearing on an application requesting a Plat of ADOC Addition (Minor Subdivision) a plat of an unplatted portion of the Southeast Quarter of Section 35, Township 140 North, Range 49 West, of the Fifth Principal Meridian, Cass County, North Dakota. (Located at 2900 12th Avenue North) (Potter Holdings, LLC/Nate Vollmuth): APPROVED
Planning Coordinator Aaron Nelson presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Nate Vollmuth spoke on behalf of the application.
Member Sobolik moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Zoning Change from GI, General Industrial to GC, General Commercial, and 2) Subdivision Plan ADOC 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) 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 Stofferahn, Schneider, Tasa, Morgan, Sobolik, Holtz, Rosenberg, and Gunkelman voted aye. Absent and not voting: Member Scherling. The motion was declared carried.
At 5:22 p.m., the Board took a five-minute recess.
After recess: All Members present except Member Scherling.
Chair Gunkelman presiding.
Item E: Other Items
Item 1: Review of the proposed Tax Increment Financing (TIF) District No. 2020-01 Renewal Plan for consistency with GO2030 Comprehensive Plan: APPROVED
Mr. Nelson presented an overview of the proposed TIF district and renewal plan and reviewed the Planning Commissions role in the plan.
Member Morgan moved to recommend to the City Commission that the proposed Renewal Plan is consistent with the GO2030 Comprehensive Plan of the City of Fargo. Second by Member Tasa. On call of the roll Members Rosenberg, Sobolik, Holtz, Morgan, Schneider, Stofferahn, Tasa, and Gunkelman voted aye. Absent and not voting Member Scherling. The motion was declared carried.
Item 2: MetroCOG Presentation: Northwest Metro Transportation Plan
Adam Altenburg with MetroCOG, provided an overview of the Northwest Metro Transportation Plan. The completion of the Diversion will make the majority of this land developable. The goal of this plan is to identify transportation systems needed to support development in this area.
Item 3: Project Update: Land Development Code Diagnostic Study
Mr. Nelson provided an update of the Land Development Code Diagnostic Study. An Alternatives Memo was provided in the packet for review by the Planning Commissioners. Staff invited Planning Commissioners to participate in the Joint Brown Bag meeting on November 30, at 12:00 p.m.
The time at adjournment was 6:06 p.m.