Planning Commission - February 7, 2023
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, February 7, 2023.
The Planning Commissioners present or absent were as follows:
Present: Rocky Schneider, Maranda Tasa, John Gunkelman, Jennifer Holtz (via conference call), Dawn Morgan, Thomas Schmidt, Brett Shewey
Absent: Scott Stofferahn, Art Rosenberg
Chair Schneider called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Chair Schneider noted Items 6 and D.1 have been continued to March 7, 2023.
Member Morgan moved the Order of Agenda be approved as presented. Second by Member Gunkelman. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of January 3, 2023
Member Gunkelman moved the minutes of the January 3, 2022 Planning Commission meeting be approved. Second by Member Shewey. All Members present voted aye and the motion was declared carried.
Item C: Public Hearing Items:
Item 1: Commerce on 12th Eighth Addition
Hearing on an application requesting a Plat of Commerce on 12th Eighth Addition (Minor Subdivision) a replat of Lots 3-6, Block 2, Commerce on 12th Addition, to the City of Fargo, Cass County, North Dakota. (Located at 5669 and 5627 13th Avenue North; 5600 and 5674 14th Avenue North) (NAP Dakotas, LLC/Houston Engineering): APPROVED
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Gunkelman 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 Eighth Addition, as outlined within the staff report, as the proposal complies with the 2007 Growth Plan, the Standards of Article 20-06, Section 20-0907.B&C 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 Tasa, Morgan, Schmidt, Shewey, Gunkelman, Holtz, and Schneider voted aye. Absent and not voting: Members Stofferahn and Rosenberg. The motion was declared carried.
Item 2: Golden Valley 7th Addition
Hearing on an application requesting a Plat of Golden Valley 7th Addition (Minor Subdivision) a replat of Lots 1-10, Block 1; Lots 1-20, Block 3; and Lots 1-12 Block 4, Golden Valley Third Addition to the City of Fargo, Cass County, North Dakota. (Located at 6709-6865 26th Street South; 2505-2594 Fulton Loop South) (76th Street Holdings, LLC/EagleRidge Development): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Jon Youness, EagleRidge Development, spoke on behalf of the application.
Discussion was held on the background of application and reason for the change, the proposed size of homes, street layout, and connectivity.
City Engineer Brenda Derrig spoke on behalf of the Engineering Department.
Discussion continued on access to parks, location of recreational trails, and fencing requirements.
Member Schmidt moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Golden Valley Seventh Addition, as outlined within the staff report, as the proposal complies with the 2007 Growth Plan, the Standards of Article 20-06, Section 20-0907.B&C of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Shewey. On call of the roll Members Gunkelman, Holtz, Shewey, Morgan, Schmidt, Tasa, and Schneider voted aye. Absent and not voting: Members Stofferahn and Rosenberg. The motion was declared carried.
Item 3: Valley View Estates Fourth 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 with a C-O, Conditional Overlay on the proposed Valley View Estates Fourth Addition. (Located at 3606-4890 Decorah Way South) (Thomsen Homes, LLC/EagleRidge Development): APPROVED
3b. Hearing on an application requesting a Plat of Valley View Estates Fourth Addition (Minor Subdivision) a replat of Lots 1-11, Block 1, Valley View Estates Third Addition and Lots 1-7, Block 1, Valley View Estates Addition to the City of Fargo, Cass County, North Dakota. (Located at 3606-4890 Decorah Way South) (Thomsen Homes, LLC/EagleRidge Development): APPROVED
Planner Luke Morman presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Jon Youness, EagleRidge Development, spoke on behalf of the application.
Discussion was held on the proposed plan for this area, single-family rentals, and sidewalk requirements.
Ms. Derrig spoke on behalf of the Engineering Department.
Member Tasa 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-4, Single-Dwelling Residential and P/I, Public and Institutional to SR-4, Single-Dwelling Residential with a C-O, Conditional Overlay and 2) Subdivision Plat Valley View Estates Fourth Addition, as outlined within the staff report, as the proposal complies with the 2003 Growth Plan, the Standards of Section 20-0906.F(1-4), Section 20-0907.B&C, and the Standards of Article 20-06 of the Land Development Code, and all other applicable requirements of the Land Development Code with the following conditions:
1. The maximum density of the district shall be limited to 7.3 dwelling units per acre, rather than the 12.1 dwelling units per acre that would normally be allowed in the SR-4, Single-Dwelling Residential, zone.
Second by Member Schmidt. On call of the roll Members Morgan, Schmidt, Holtz, Gunkelman, Tasa, Shewey, and Schneider voted aye. Absent and not voting: Members Rosenberg and Stofferahn. The motion was declared carried.
Item 4: Christianson 32nd Avenue South Second Addition
Hearing on an application requesting a Conditional Use Permit to allow an Alternative Access Plan for reduced parking and shared parking on Lots 1-2, Block 1, Christianson 32nd Avenue South Second Addition. (Located at 3165 and 3187 33rd Street South) (Chris Mack/Christianson Properties, LLC): APPROVED
Mr. Morman presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted an additional condition to the Conditional Use Permit, CUP, was provided to board members, and shared parking is no longer being requested as the parking reduction addresses all of staffs concerns.
Applicant representative Chris Mack, spoke on behalf of the application.
Discussion was held on the parking study, and the proposed uses on the site.
Member Gunkelman moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow an Alternative Access Plan be approved, 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 application requirements of the Land Development Code with the following conditions:
1. A minimum of 152 parking spaces are required on site.
2. Any expansion of the restaurant uses shall require an amendment to the Conditional Use Permit with review and approval by the Planning Commission.
3. If a restaurant changes hours of operation from what is outlined in the provided parking study, then an updated narrative from the applicant shall be required to justify parking demand depending on the review and approval from the City of Fargo Traffic Engineer.
Second by Member Tasa. On call of the roll Members Holtz, Tasa, Shewey, Gunkelman, Morgan, Schmidt, and Schneider voted aye. Absent and not voting: Members Rosenberg and Stofferahn. The motion was declared carried.
Item 5: Global Development Addition
Hearing on an application requesting a Plat of Global Development Addition (Minor Subdivision) a plat of an unplatted portion of the Northwest Quarter of Section 7, Township 139 North, Range 48 West of the Fifth Principal Meridian, to the City of Fargo, Cass County, North Dakota. (Located at 602, 610, 636, and 650 Northern Pacific Avenue North) (City of Fargo/Global Development, LLC): APPROVED
Planning Coordinator Maegin Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the proposed use.
Strategic Planning and Research Director Jim Gilmour spoke on behalf of the application.
Member Shewey moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Global Development Addition, as outlined within the staff report, as the proposal complies with the Adopted Area Plan, the Standards of Article 20-06, Standards of Section 20-0907.B&C 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 Schmidt, Shewey, Morgan, Tasa, Gunkelman, Holtz, and Schneider voted aye. Absent and not voting: Members Stofferahn and Rosenberg. The motion was declared carried.
Item 6: Erskines Addition
Hearing on an application requesting a Zoning Change to repeal and reestablish a C-O, Conditional Overlay on parts of Lots 1-6 and 8, all of the Lot 7, Block SS, Erskines Addition. (Located at 1117 and 1155 13th Avenue South) (Steve Stremick): CONTINUED TO MARCH 7, 2023
A Hearing had been set for this date and time; however the applicant has requested this application be continued to March 7, 2023.
Item 7: Keeney & Devitts 2nd Addition
Hearing on an application requesting a Vacation Plat of a portion of 5th Avenue North adjacent to Block 24, Keeney & Devitts 2nd Addition. (Located at 419 3rd Street North) (City of Fargo/Great Plains Block 3 Holdings): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the reason for the application.
Ms. Derrig spoke on behalf of the Engineering Department stating this is a clean-up plat of the area.
Member Gunkelman moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Vacation Plat of a portion of 5th Avenue North adjacent to Block 24, Keeney & Devitts 2nd Addition, as outlined within the staff report, as the proposal complies with the North Dakota Century Code Section 40-39: Opening and vacating Streets, Alleys, and Public Places. Second by Member Tasa. On call of the roll Members Schmidt, Holtz, Gunkelman, Morgan, Tasa, Shewey, and Schneider voted aye. Absent and not voting: Members Stofferahn and Rosenberg. The motion was declared carried.
Item 8: University South 2nd Addition
Hearing on an application requesting a Conditional Use Permit to allow an Alternative Access Plan to allow for a parking reduction on Lot 1, Block 1, University South 2nd Addition. (Located at 1376 Oak Manor Avenue South) (Enclave/Beyond Shelter, Inc.): APPROVED
Planner Brad Garcia presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Representative Lindsey Janke, Beyond Shelter, spoke on behalf of the application.
Discussion was held on ownership of the area, future development of the adjacent land, funding for Beyond Shelter, and the conducted parking study.
Assistant Planning and Development Director Mark Williams spoke on the proposed process and timeline for the Land Development Code update.
Member Tasa moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow and Alternative Access Plan be approved, 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. The Conditional Use Permit will cease if the specific land use changes from senior housing.
2. Minimum number of parking spaces are 1.5 spaces per dwelling unit.
Second by Member Morgan. On call of the roll Members Shewey, Tasa, Schmidt, Morgan, Holtz, Gunkelman, and Schneider voted aye. Absent and not voting: Members Stofferahn and Rosenberg. The motion was declared carried.
Item 9: Betlock Addition
Hearing on an application requesting a Plat of Betlock Addition (Major Subdivision) a replat of Lot 1, Block 2, of a replat of McDermott Subdivision, to the City of Fargo, Cass County, North Dakota, including a vacation of a portion of 18th Avenue North right-of-way. (Located at 1722 2nd Street North) (Neset Land Surveys/Michael Betlock): APPROVED
Mr. Garcia presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the history of the site and sidewalk responsibility.
Ms. Derrig spoke on behalf of the Engineering Department.
Applicant Michael Betlock spoke on behalf of the application.
Resident Nancy Aikens, 113 18th Avenue North, inquired about ownership of the land.
Mr. Williams spoke on behalf of the Planning Department regarding property owner responsibilities for right-of-way property.
Ms. Derrig spoke further on the Land Development Code requirements regarding the size of the road.
Member Morgan moved the findings and recommendations of staff be accepted and the approval be recommended to the City Commission of the proposed Subdivision Plat Betlock Addition, including vacation of right-of-way, as outlined within the staff report, as the proposal complies with the Core Neighborhoods Plan, the Standards of Article 20-06, Section 20-0907.C of the Land Development Code, and all other applicable requirements of the Land Development Code, and of the North Dakota Century Code Chapter 40-39. Second by Member Holtz. On call of the roll Members Morgan, Holtz, Shewey, Gunkelman, Tasa, Schmidt, and Schneider voted aye. Absent and not voting: Members Stofferahn and Rosenberg. The motion was declared carried.
At 4:09 p.m., the Board took a five-minute recess.
After recess: All Members present except Members Rosenberg and Stofferahn. Chair Schneider presiding.
Item D: Other Items:
1. Continued hearing on an application requesting a PUD, Planned Unit Development, Final Plan within the boundaries of Duane’s Pizza Addition. (Located at 1601, 1605, 1615, 1617, 1619, 1621, 1623, 1627, and 1629 University Drive South; 1602, 1606, 1610, 1614, 1618, 1622, and 1626 13 ½ Street South; 1321 17th Avenue South) (BLOC Partners, LLC/Craig Development, LLC): CONTINUED TO MARCH 7, 2023
A Hearing had been set for January 3, 2023. At the January 3, 2023 meeting, the Hearing was continued to this date and time; however the applicant has requested this application be continued to March 7, 2023.
Item 2: Presentation by MetcoCOG on 2050 Baseline Demographic Forecast and 2022 Metro Profile.
Adam Altenburg and Ari Del Rosario gave an overview presentation of the metro profile and demographic population forecasts.
Discussion was held on the data presented, data sources, the current housing study being conducted, home ownership versus rental, metro demographics, and train transportation options.
Item 3: Planning Commission review of a Renewal Plan for blighted property located in the 1600 Block of University Drive South.
Strategic Planning and Research Director Jim Gilmour provided a brief presentation of the renewal plan and noted the Economic Development and Incentive Committee has recommended approval.
Discussion was held on the evaluation matrix and criteria, and the role of the Planning Commission in this review, and the project timeline.
Member Gunkelman moved to recommend to the City Commission that the proposed Renewal Plan is consistent with the GO2030 Comprehensive Plan of the City of Fargo and the Core Neighborhoods Plan. Second by Member Morgan. On call of the roll Members Morgan, Shewey, Tasa, Schmidt, Holtz, Gunkelman, and Schneider voted aye. Absent and not voting: Members Stofferahn and Rosenberg. The motion was declared carried.
Item 4: City Commission final action on 2022 Planning Commission cases.
Chair Schneider noted a list of the 2022 Planning Commission items and the outcome of the City Commission recommendations is included in the packet. He noted the City Commission followed the recommendations of the Planning Commission for all items in 2022.
Member Morgan moved to adjourn the meeting. Second by Member Shewey. All Members present voted aye and the motion was declared carried.
The time at adjournment was 4:49 p.m.