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Planning Commission - July 2, 2019 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, July 2, 2019.

The Planning Commissioners present or absent were as follows:

Present: John Gunkelman, Mike Magelky, Dawn Morgan, Rocky Schneider, Melissa Sobolik, Shara Fischer, Maranda Tasa, Brad Bachmeier, Jennifer Holtz

Absent: Scott Stofferahn, Mary Scherling

Chair Gunkelman called the meeting to order.

Business Items:
Item A: Approve Order of Agenda
Member Morgan 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 June 4, 2019
Member Magelky moved the minutes of the June 4, 2019 Planning Commission meeting be approved. Second by Member Fischer. All Members present voted aye and the motion was declared carried.

Item C: July 2019 Brown Bag Luncheon – no meeting scheduled for July

Item D: Public Hearing Items:

Item 1: Section 14, Township 138 North, Range 49 West
Continued hearing on an application requesting a Conditional Use Permit to allow for non-farm commercial uses in the Agricultural zoning district on a portion of the West half of the Southeast Quarter of Section 14, Township 138 North, Range 49 West. (Located at 2805 88th Avenue South) (Eric Baker): CONTINUED TO OCTOBER 1, 2019
A Hearing had been set for April 2, 2019. At the April 2, 2019 meeting, the Hearing was continued to May 7, 2019. At the May 7, 2019 meeting, the Hearing was continued to June 4, 2019. At the June 4, 2019 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to October 1, 2019.

Member Holtz present.

Item 2: Roberts Second Addition
Hearing on an application requesting an Alley Vacation of the alley between Lot 12, Block 26, and a part of Lot 7 and all of Lots 8-12, Block 25, Roberts Second Addition. (Located at 1001 NP Avenue North and 28 10th Street North) (DFI AY LLC/Deb Wendel Daub): APPROVED
A Hearing had been set for June 4, 2019. At the June 4, 2019 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.

Discussion was held on the opposition letter received from the Johnson Law Firm, and on the proposed plans for this site.

Applicant Representative Mike Zimney, Kilbourne Group, 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 Alley Vacation between Lot 12, Block 26, and a part of Lot 7 and All of Lots 8-12, Block 25, Roberts Second Addition, subject to the applicant accounting for existing public and private utilities in the alley right of way as outlined within the staff report, as the proposal complies with the Downtown InFocus Master Plan, and the Standards of Chapter 40-39 of the North Dakota Century Code. Second by Member Schneider. On call of the roll Members Magelky, Schneider, Holtz, Sobolik, Morgan, Bachmeier, Fischer, Tasa, and Gunkelman voted aye. Absent and not voting: Members Stofferahn and Scherling. The motion was declared carried.

Item 3: MBA Investments Addition
3a. Hearing on an application requesting a Zoning Change from GC, General Commercial to LI, Limited Industrial on the proposed Lot 1, Block 1, MBA Investments Addition. (Located at 1717 1st Avenue North; 112 and 202 16th Street North) (MBA Investments, LLC/Kevin Bartram): CONTINUED TO AUGUST 6, 2019

3b. Hearing on an application requesting a Plat of MBA Investments Addition (Minor Subdivision) a replat of Lots 5, 8, and part of Burlington Northern Right of Way, Block 1, P.M. Properties Subdivision and portions of Lots 3 and 9 and all of Lots 4-8, 14, 15, and a portion of vacated alley, Block 16, Reeves Addition to the City of Fargo, Cass County, North Dakota, to include a Subdivision Waiver for drain dedication. (Located at 1717 1st Avenue North; 112 and 202 16th Street North) (MBA Investments, LLC/Kevin Bartram): CONTINUED TO AUGUST 6, 2019
A Hearing had been set for June 4, 2019. At the June 4, 2019 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to August 6, 2019.

Item 4: BLU Water Creek 5th Addition
Hearing on an application requesting a Plat of BLU Water Creek 5th Addition (Minor Subdivision) a replat of Lot 2, Block 1, BLU Water Creek 4th Addition to the City of Fargo, Cass County, North Dakota, including a Vacation of Right of Way at the Northeast corner of the intersection of 47th Street South and 33rd Avenue South. (Located at 4609 33rd Avenue South) (Brandt Crossings, LLC/Nate Vollmuth): APPROVED
Mr. Kress 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 Subdivision Plat BLU Water Creek 5th Addition, including a Vacation of Right of Way at the Northeast corner of the intersection of 47th Street South and 33rd Avenue South, as outlined with in the staff report as the proposal complies with the GO2030 Fargo Comprehensive Plan, the 2003 Southwest Future Land Use Plan, the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and the Standards of Chapter 40-39 of the North Dakota Century Code. Second by Member Holtz. On call of the roll Members Fischer, Sobolik, Holtz, Magelky, Tasa, Morgan, Bachmeier, Schneider, and Gunkelman voted aye. Absent and not voting: Members Scherling and Stofferahn. The motion was declared carried.

Item 5: 42nd Street Addition
Hearing on an application requesting a Zoning Change from LC, Limited Commercial to MR-3, Multi-Dwelling Residential on a portion of Lot 2, Block 1, 42nd Street Addition. (Located at 3700 42nd Street South) (David P. Campbell/Stacy Holmes, LJA): APPROVED
Planning Coordinator Maegin Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval.

Discussion was held regarding the current building on the property and it fitting the proposed zoning change.

Member Fischer 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 to MR-3, Multi-Dwelling Residential as outlined within the staff report as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Standards of Section 20-0906.F (1-4), and all other applicable requirements of the Land Development Code. Second by Member Magelky. On call of the roll Members Bachmeier, Magelky, Morgan, Fischer, Schneider, Sobolik, Holtz, Tasa, and Gunkelman voted aye. Absent and not voting: Members Scherling and Stofferahn. The motion was declared carried.

Item 6: Reeves Addition
Hearing on an application requesting a Conditional Use Permit to allow for an Alternative Access Plan in the GC, General Commercial zoning district on a portion of Lot 1, and all of Lots 2-9, and adjacent property, Block 1, Reeves Addition. (Located at 602 University Drive North) (Fargo Brewery Partners, LLP/Lee Schwartz): APPROVED
Assistant Planner Maggie Squyer presented the staff report stating all approval criteria have been met and staff is recommending approval.

Discussion was held regarding the parking agreement with Sanford and the location of the nearest crosswalk.

Applicant Lee Schwartz and Mike Dawson, Hawley Architects, spoke on behalf of the application.

Dave Hill, Spartan Nash Representative, spoke on behalf of the opposition letter submitted.

City Engineer Brenda Derrig, spoke on behalf of the Engineering Department.

Member Schneider moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow for an Alternative Access Plan for reduced parking be approved as the proposal complies with Section 20-0909.D (1-6) and all other applicable requirements of the Land Development Code, with the following conditions:

1) 49 parking stalls to be provided on site.

2) Bicycle parking facilities, such as bike racks or bike lockers, shall be provided on-site.

3) The Conditional Use Permit will cease if the land use changes from commercial, restaurant, retail sales and services, or indoor storage and manufacturing.

4) Expansion of any proposed or existing uses will trigger a reevaluation of off-street parking requirements on site.

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

Item 7: Interstate Park Addition
Hearing on an application requesting a Conditional Use Permit to allow household living in the GC, General Commercial zoning district on portions of Lots 6, 7, and 9, Block 4, Interstate Park Addition. (Located at 3502 Interstate Boulevard South) (JKJ Enterprises, LLP/Dave Glessner): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.

Applicant Dave Glessner and Property Owner Kevin Hall, spoke on behalf of the application.

Member Morgan moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow household living in the GC, General Commercial zoning district be approved as the proposal complies with Section 20-0909.D (1-6) and all other applicable requirements of the Land Development Code, with the following conditions:

1) The maximum residential density shall be a maximum of 18 units per acre.

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

Item E: Other Items:
Item 1: Review renewal plan for alley reconstruction of Roberts Alley
Director of Strategic Planning and Research Jim Gilmour provided a history and reviewed the proposed Renewal Plan.

Discussion was held on the timeline for the plan, implementation logistics, and possible disruption to tenants.

Ms. Derrig spoke on behalf of the Engineering Department.

Member Schneider moved to recommend to the City Commission that the Renewal Plans are consistent with the GO2030 Comprehensive Plan of the City of Fargo. Second by Member Morgan. On call of the roll Members Morgan, Magelky, Holtz, Fischer, Sobolik, Tasa, Bachmeier, Schneider, and Gunkelman voted aye. Absent and not voting: Members Stofferahn and Scherling. The motion was declared carried.

Chair Gunkelman thanked Member Fischer for her service as the previous Planning Commission Chair.

Member Sobolik moved to adjourn the meeting at 3:55 p.m. Second by Member Bachmeier. All Members present voted aye and the motion was declared carried.