Planning Commission - October 1, 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, October 1, 2019.
The Planning Commissioners present or absent were as follows:
Present: John Gunkelman, Mary Scherling, Rocky Schneider, Scott Stofferahn, Maranda Tasa, Jennifer Holtz, Dawn Morgan
Absent: Mike Magelky, Melissa Sobolik, Brad Bachmeier
Chair Gunkelman called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Member Scherling 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 September 3, 2019
Member Stofferahn moved the minutes of the September 3, 2019 Planning Commission meeting be approved. Second by Member Tasa. All Members present voted aye and the motion was declared carried.
Item C: October 16, 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 NOVEMBER 5, 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 July 2, 2019. At the July 2, 2019 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to November 5, 2019.
Item 2: Timber Creek Third Addition
Continued hearing on an application requesting a Zoning Change from SR-2, Single-Dwelling Residential to SR-3, Single-Dwelling Residential on Lots 1-7, Block 1, Timber Creek Third Addition. (Located at 3431, 3445, 3457, 3469, 3483, 3495, and 3509 47th Avenue South) (Dabbert Custom Homes, LLC/PLC Investments): APPROVED
A Hearing had been set for September 3, 2019. At the September 3, 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. He noted that a neighborhood meeting was held on September 24.
Applicant Don Dabbert spoke on behalf of the application.
Discussion was held on the difference between a duplex and twin home, and the length of time these lots have been on the market and remained unsold.
Matthew Bring, 4706 34th Street South, spoke in opposition of the proposal noting concerns of parking issues and increased traffic, effect on property values, and snow removal issues.
Discussion continued on the large buffer and green space to the north of the properties, and the existing types of homes on the street.
The following property owners spoke in opposition to the proposal noting the neighborhood has already made many compromises from the original plan, and they do not want their home values to decrease.
Jay Manley 3304 46th Avenue South
Kelly Rott, 3334 46th Avenue South
Further discussion was held on current utility infrastructure in place for the lots.
Planning and Development Director Nicole Crutchfield and City Attorney Eric Johnson spoke about zoning law history, and how value is reviewed as related to land use and neighborhood impact.
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 SR-2, Single-Dwelling Residential to SR-3, Single-Dwelling Residential as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the 2001 Growth 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 Schneider. On call of the roll Members Schneider, Scherling, Holtz, Morgan, Tasa, and Gunkelman voted aye. Member Stofferahn voted nay. Absent and not voting Members Magelky, Sobolik, and Bachmeier. The motion was declared carried.
At 3:58 p.m., the Board took a five-minute recess.
After recess: All Members present except Members Sobolik, Bachmeier, and Magelky. Chair Gunkelman presiding.
Item 3: Harwoods First Addition
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): CONTINUED TO NOVEMBER 5, 2019
Planner Kylie Bagley presented the staff report stating all approval criteria have been met and staff is recommending approval. She noted an opposition letter was submitted to the Board.
Discussion was held clarifying requirements in the DMU, Downtown Mixed-Use zoning district.
Applicant representative Chis Hawley spoke on behalf of the application.
Aubrey Zuger, Spartan Nash Representative, spoke on behalf of the opposition letter submitted noting concerns that removal of the C-O, Conditional Overlay, will increase parking issues in the area.
Discussion continued on establishing parking arrangements.
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 Standards of Section 20-0906.F (1-4), and all other applicable requirements of the Land Development Code.
The motion died for lack of a second.
Further discussion was held on continuing this item to allow more time for parking arrangements to be worked out.
Ms. Crutchfield noted that the parking issues could be isolated to private discussions as this property is zoned DMU, Downtown Mixed-Use.
Chair Gunkelman clarified that removing the C-O, Conditional Overlay, would not affect parking as this property is zoned DMU, Downtown Mixed-Use.
Assistant Planning and Development Director Mark Williams confirmed the C-O, Conditional Overlay, does not affect parking but only the setback requirements, and that residential protection standards do apply.
Ms. Crutchfield added that everything being presented today in the site plan is allowed except for the setbacks.
Member Stofferahn moved for to continue this item to the November 5, 2019 Planning Commission meeting so the owner can come back after discussions about future parking arrangements. Second by Member Schneider. On call of the roll Members Schneider, Scherling, Stofferahn, Tasa, and Morgan voted aye. Members Holtz and Gunkelman voted nay. Absent and not voting: Members Sobolik, Bachmeier, and Magelky. The motion was declared carried.
Item 4: Commerce on 12th Fifth Addition
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 NOVEMBER 5, 2019
A Hearing had been set for this date and time; however, the applicant has requested this item be continued to November 5, 2019.
Item 5: West 29 Seventh Addition
Hearing on an application requesting a Plat of West 29 Seventh Addition (Minor Subdivision) a replat of Lot 1, Block 1, West 29 Fourth Addition, to the City of Fargo, Cass County, North Dakota. (Located at 4180 24th Avenue South and 4143 26th Avenue South) (Matrix Properties/Crown Pointe Properties, LLLP):APPROVED
Assistant Planner Maggie Squyer presented the staff report stating all approval criteria have been met and staff is recommending approval.
Rob Lyngstad, Matrix Properties, 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 Subdivision Plat, West 29 Seventh Addition as outlined within the staff report, as the proposal complies with the Adopted Area Plan, the Standards of Article 20-06 of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Scherling. On call of the roll Members Scherling, Morgan, Schneider, Holtz, Stofferahn, Tasa, and Gunkelman voted aye. Absent and not voting: Members Sobolik, Magelky, and Bachmeier. The motion was declared carried.
Item 6: Bohnsack’s Second Addition
Hearing on an application requesting a Zoning Change from SR-2, Single-Dwelling Residential, to P/I, Public and Institutional on Lot 1, Block 12, Bohnsack’s Second Addition. (Located at 1807 16th Street South) (Fargo Public Schools):
Ms. Squyer presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Stofferahn moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Zoning Change from SR-2, Single-Dwelling Residential to P/I, Public and Institutional 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 Holtz. On call of the roll Members Holtz, Scherling, Morgan, Schneider, Stofferahn, Tasa, and Gunkelman voted aye. Absent and not voting: Members Sobolik, Magelky, and Bachmeier. The motion was declared carried.
Item 7: Rail Crossing First Addition
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 NOVEMBER 5, 2019
A Hearing had been set for this date and time; however, the applicant has requested this item be continued to November 5, 2019.
Member Scherling moved to adjourn the meeting at 4:38 p.m. Second by Member Schneider. All Members present voted aye and the motion was declared carried.