Planning Commission - November 5, 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, November 5, 2019.
The Planning Commissioners present or absent were as follows:
Present: John Gunkelman, Mary Scherling, Rocky Schneider, Scott Stofferahn, Maranda Tasa, Brad Bachmeier, Jennifer Holtz, Art Rosenberg, Dawn Morgan
Absent: Mike Magelky, Melissa Sobolik
Chair Gunkelman called the meeting to order and welcomed new Planning Commission Member Art Rosenberg.
Business Items:
Item A: Approve Order of Agenda
Member Schneider moved the Order of Agenda be approved as presented. Second by Member Bachmeier. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of October 1, 2019
Member Stofferahn moved the minutes of the October 1, 2019 Planning Commission meeting be approved. Second by Member Scherling. All Members present voted aye and the motion was declared carried.
Item C: November 20, 2019 Brown Bag Luncheon: Cancelled
Item D: Other Items:
Item 1: Land Development Code Diagnostic – Planning Commission Work Session
Planning Coordinator Aaron Nelson introduced the Lisa Wise Consulting team.
Senior Associate and Project Manager Kathryn Slama, Lisa Wise Consulting, gave an overview of the project and noted the first steps are to evaluate the strengths and weaknesses of the current code to develop a starting point. She stated that a public input meeting would be held tonight from 5:00 – 6:30 p.m. in the Oak Room of the Cass County Public Health Building.
Ms. Slama introduced other members of the Land Development Code Diagnostic team as Scott Harmstead, Senior Consultant with SRF Consulting, and Lisa Wise, President of Lisa Wise Consulting, Inc. She presented an overview of the project, the review process, and timeline of next steps. She noted the packet includes key topic questions they are looking for feedback on from the Board Members.
Board discussion was held regarding the importance of developing a code that clears up gray areas that are open to interpretation, setting up a process for variations, developing best practices, maintaining user friendliness, and having flexibility and predictability.
Ms. Slama noted that Board Members are invited to also submit written responses to staff to share with the consulting team.
Item E: 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): WITHDRAWN
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 July 2, 2019. At the July 2, 2019 meeting, the Hearing was continued to October 1, 2019. At the October 1, 2019 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be withdrawn.
Item 2: Harwoods First Addition
Continued hearing on an application requesting a Zoning Change from DMU, Downtown Mixed-Use with a C-O, Conditional Overlay to DMU, Downtown Mixed-Use and a request to repeal the C-O, Conditional Overlay on Lot 1, Block 7, Harwoods First Addition. (701 University Drive North and 702 12th Street North) (701 Collective/Chris Hawley): APPROVED
A Hearing had been set for October 1, 2019. At the October 1, 2019 meeting, the Hearing was continued to this date and time.
Planner Kylie Bagley presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Chris Hawley spoke on behalf of the application.
John Krings, Attorney at Kaler Doeling, PLLP, spoke on behalf of the application.
Aubrey Zuger, Spartan Nash Representative, spoke against the application noting that a successful parking agreement has not been reached between the two parties.
Member Morgan moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Zoning Change from DMU, Downtown Mixed-Use with a C-O, Conditional Overlay, to DMU, Downtown Mixed-Use and a request to repeal the C-O, Conditional Overlay as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Roosevelt Neighborhood Plan, the Standards of Section 20-0906.F (1-4), and all other applicable requirements of the Land Development Code. Second by Member Schneider. On call of the roll Members Schneider, Scherling, Holtz, Stofferahn, Morgan, Bachmeier, Rosenberg, Tasa, and Gunkelman voted aye. Absent and not voting: Members Sobolik and Magelky. The motion was declared carried.
Item 3: Rail Crossing First Addition
Continued hearing on an application requesting a Plat of Rail Crossing First Addition (Minor Subdivision) a replat of Lots 6-20, Block 11; Lots 14-21, Block 12; portion of the vacated alley in Block 11; and a portion of vacated 22nd Street; all in Tyler’s Addition, to the City of Fargo, Cass County, North Dakota. (Located at 2161 and 2215 3rd Avenue North; 321 23rd Street North) (Rail Crossing LLC/Fabricators Unlimited): CONTINUED TO DECEMBER 3, 2019
A Hearing had been set for October 1, 2019. At the October 1, 2019 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to December 3, 2019.
Item 4: Commerce on 12th Fifth Addition
Continued hearing on an application requesting a Plat of Commerce on 12th Fifth Addition (Minor Subdivision) a replat of Lots 4-5, Block 1, Commerce on 12th Third Addition, to the City of Fargo, Cass County, North Dakota. (Located at 5570 and 5590 13th Avenue North) (Fargo Commercial Properties/ PRG): CONTINUED TO DECEMBER 3, 2019
A Hearing had been set for October 1, 2019. At the October 1, 2019 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to December 3, 2019.
Item 5: Timber Parkway Fourth Addition
Hearing on an application requesting a Plat of Timber Parkway Fourth Addition (Minor Subdivision) a replat of Lot 4, Block 1, Timber Parkway Third Addition to the City of Fargo, Cass County, North Dakota. (Located at 4801 Timber Parkway South) (PLC Investments, LLC/PACES Lodging Corporation): APPROVED
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Scherling moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Timber Parkway Fourth Addition as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the 2001 Growth Plan (as amended), the Standards of Article 20-06, and all other applicable requirements of the Land Development Code. Second by Member Tasa. On call of the roll Members Bachmeier, Scherling, Morgan, Rosenberg, Schneider, Holtz, Stofferahn, Tasa, and Gunkelman voted aye. Absent and not voting: Members Sobolik and Magelky. The motion was declared carried.
Item 6: Golden Valley Third Addition
6a. Hearing on an application requesting a Zoning Change from AG, Agricultural to SR-4, Single-Dwelling Residential and P/I, Public and Institutional with a C-O, Conditional Overlay within the boundaries of the proposed Golden Valley Third Addition. (Located at 6737 25th Street South) (76th Street Investments, LLC/Jon Youness): APPROVED
6b. Hearing on an application requesting a Plat of Golden Valley Third Addition (Major Subdivision) a replat of Lot 1, Block 4, Golden Valley Second Addition and a part of the Northeast quarter of Section 11, Township 138 North, Range 49 West, to the City of Fargo, Cass County, North Dakota. (Located at 6737 25th Street South) (76th Street Investments, LLC/Jon Youness): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Jon Youness spoke on behalf of the application.
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 AG, Agricultural to SR-4, Single-Dwelling Residential and P/I, Public and Institutional with a C-O, Conditional Overlay to restrict land uses as outlined within the staff report, and 2) Subdivision Plat Golden Valley Third Addition as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the 2007 Growth Plan, the Standards of Article 20-06, and Section 20-0906.F (1-4) of the Land Development Code and all other applicable requirements of the Land Development Code. Second by Member Bachmeier. On call of the roll Members Rosenberg, Holtz, Scherling, Morgan, Schneider, Stofferahn, Tasa, Bachmeier, Gunkelman voted aye. Absent and not voting: Members Sobolik and Magelky. The motion was declared carried.
Item 7: Eddy & Fullers Auditors Outlots
Hearing on an application requesting a Zoning Change from SR-3, Single-Dwelling Residential to MR-1, Multi-Dwelling Residential on Lot E and the South 40 feet adjacent to Lot E, Block 37, Eddy & Fullers Auditors Outlots. (Located at 1437 6th Avenue South) (James and Carol Baum Living Trust): CONTINUED TO DECEMBER 3, 2019
Assistant Planner Maggie Squyer presented history on the property and the staff report, stating approval criteria has not been met and staff is recommending denial. She provided Board Members an additional petition received to deny the application.
Ms. Squyer stated that the property is legally non-conforming.
Applicant Jim Baum spoke on behalf of the application.
Discussion was held addressing what legally non-conforming means, and what it allows per the Land Development Code.
Neal Graf, realtor of the Applicant, spoke in favor of the application.
Planning and Development Assistant Director Mark Williams provided a history of the re-zoning process that took place in 2002 and noted that property owners were contacted at that time and had the option to opt out of the re-zoning. He noted that the current property owners were contacted and did not opt out.
Discussion continued on the process of providing zoning compliance letters for banks, and if the legally non-conforming letter for this property had been requested.
Mr. Baum noted that the legally non-conforming property letter had not been requested.
Planning and Development Director Nicole Crutchfield noted this is the type of case the Land Development Code Diagnostic team will be taking a close look at. She also stated that if the zoning is changed, the property would then be allowed in the future to allow any MR-1, Multi-Dwelling Residential uses.
Russel Ford-Dunker, 1431 5th Avenue North, spoke in favor of the application noting that he is the prospective buyer of the property. He shared the issues the property currently faces such as lending issues and future property updates.
City Attorney Eric Johnson spoke confirming that the property is legally non-conforming.
Member Schneider moved to continue this item to the December 3, 2019 Planning Commission meeting. Second by Member Scherling. On call of the roll Members Tasa, Holtz, Bachmeier, Rosenberg, Morgan, Stofferahn, Schneider, Scherling, and Gunkelman voted aye. Absent and not voting: Members Sobolik and Magelky. The motion was declared carried.
Item 8: Eagle Valley Addition
Hearing on an application requesting a Conditional Use Permit to allow for temporary use of a residential home as a sales and construction office on Lot 16, Block 4, Eagle Valley Addition. (Located at 7455 20th Street South) (HS Investments/Matthew Hauff): APPROVED
Ms. Squyer presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant representative Ian Bullis spoke on behalf of the application.
Member Scherling moved the findings and recommendations of staff be accepted and the Conditional Use Permit be approved to allow the temporary use of a residential home as a sales and construction office as the proposal complies with Section 20-0909.S (1-6), and all other applicable conditions of the Land Development Code, with the following conditions:
1) The approved temporary use must be terminated within 90 days of 90% of the lots in the subdivision being sold to persons, firms, or entities other than the permittee.
Second by Member Schneider. On call of the roll Members Stofferahn, Tasa, Schneider, Rosenberg, Morgan, Holtz, Scherling, Bachmeier, and Gunkelman voted aye. Absent and not voting: Members Magelky and Sobolik. The motion was declared carried.
The time at adjournment was 4:56 p.m.