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Planning Commission - June 4, 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, June 4, 2019.

The Planning Commissioners present or absent were as follows:

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

Absent: John Gunkelman, Scott Stofferahn, Jennifer Holtz, Mary Scherling

Chair Fischer called the meeting to order.

Business Items:
Item A: Approve Order of Agenda
Chair Fischer noted the following agenda items:
- Items 1, 2, 3a, and 3b have been continued to July 2, 2019
- The addition of Item E.2 Nomination and Election of Officers

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

Item B: Minutes: Regular Meeting of May 7, 2019
Member Schneider moved the minutes of the May 7, 2019 Planning Commission meeting be approved. Second by Member Bachmeier. All Members present voted aye and the motion was declared carried.

Item C: June 19, 2019 Brown Bag Luncheon: CANCELLED

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 JULY 2, 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 this date and time; however, the applicant has requested this item be continued to July 2, 2019.
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): CONTINUED TO JULY 2, 2019
A Hearing had been set for this date and time; however, the applicant has requested this item be continued to July 2, 2019.

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 JULY 2, 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 JULY 2, 2019
A Hearing had been set for this date and time; however, the applicant has requested this item be continued to July 2, 2019.

Item 4: Legacy I Sixth Addition
Hearing on an application requesting a Plat of Legacy I Sixth Addition (Major Subdivision) a replat of Block 10; Lots 3-4, Block 4; Lots 50-51, Block 8; Lots 1-20 and 34-39, Block 11, Legacy 4th Addition and a vacation of Right of Way of portions of 62nd Avenue South and portions of 19th, 20th, and 21st Streets South to the City of Fargo, Cass County, North Dakota. (Located at 6206-6299 19th Street South; 6204-6297 20th Street South; 1835, 1867, 1889, 1911, 1931, and 1949 63rd Avenue South; and 6184, 6198, 6206, and 6216 21st Street South) (Jason Eid/Steve Iverson): APPROVED
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.

Discussion was held regarding the plan for the larger lots.

Applicant Jason Eid 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 Legacy I Sixth Addition, including Vacation of Right of Way, as outlined within the staff repost as the proposal complies with the GO2030 Fargo Comprehensive Plan, the 2007 Growth Plan, the Standards of Article 20-06, and all other applicable requirements of the Land Development Code. Second by Member Schneider. On call of the roll Members Sobolik, Magelky, Tasa, Morgan, Bachmeier, Schneider, and Fischer voted aye. Absent and not voting: Members Stofferahn, Gunkelman, Scherling, and Holtz. The motion was declared carried.

Item 5: BLU Water Creek 4th Addition
Hearing on an application requesting a Zoning Change from LC, Limited Commercial to GC, General Commercial on Lot 2, Block 1, BLU Water Creek 4th Addition. (Located at 4609 33rd Avenue South) (Nate Vollmuth): APPROVED
Mr. Kress 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 Schneider 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 GC, General Commercial 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. Second by Member Tasa. On call of the roll Members Bachmeier, Magelky, Morgan, Schneider, Sobolik, Tasa, and Fischer voted aye. Absent and not voting: Members Gunkelman, Scherling, Holtz, and Stofferahn. The motion was declared carried.

Item E: Other Items:
Item 1: Initiation and RFP for Core Neighborhoods Plan
Assistant Planning Director Mark Williams presented a proposal to the Board seeking formal approval to move forward with drafting a Request for Proposal (RFP) to hire a consultant to conduct and develop a Core Neighborhoods Plan. He provided a brief background and proposed timeline noting the positive feedback from the May 15th joint Brown Bag meeting with the Community Development Committee.

Member Morgan moved to approve staff’s request to draft and publish a Request for Proposal for the Core Neighborhoods Plan and to otherwise initiate this project. Second by Member Schneider. On call of the roll Members Sobolik, Bachmeier, Tasa, Magelky, Morgan, Schneider, and Fischer voted aye. Absent and not voting: Members Holtz, Gunkelman, Scherling, and Stofferahn. The motion was declared carried.

Item 2: Nomination and Election of Officers
Member Sobolik of the nominating committee shared that interest in the Chair position was expressed by Member Gunkelman, and in the Vice Chair position by Member Schneider.

Member Sobolik moved to appoint Member Gunkelman as Chair and Member Schneider as Vice Chair. Second by Member Magelky. All Members present voted aye and the motion was declared carried.

Mr. Williams acknowledged and thanked Chair Fischer for her good work as Chair of the Planning Commission for the past two years.

Mr. Williams also provided an update that nine proposals were received and opened today for the Land Development Code Diagnostic Study.

The time at adjournment was 3:21 p.m.