Planning Commission - September 3, 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, September 3, 2019.
The Planning Commissioners present or absent were as follows:
Present: John Gunkelman, Mike Magelky, Rocky Schneider, Melissa Sobolik, Scott Stofferahn, Maranda Tasa, Brad Bachmeier, Jennifer Holtz, Dawn Morgan
Absent: Mary Scherling
Chair Gunkelman called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Member Schneider moved the Order of Agenda be approved as presented. Second by Member Magelky. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of August 6, 2019
Member Magelky moved the minutes of the August 6, 2019 Planning Commission meeting be approved. Second by Member Tasa. All Members present voted aye and the motion was declared carried.
Item C: Wednesday, September 18, 2019 Brown Bag Luncheon
Topic: The Development Process
Item D: Public Hearing Items:
Item 1: Craig’s Golden Ridge Addition
1a. Continued hearing on an application requesting a Zoning Change from
MR-2, Multi-Dwelling Residential with a C-O, Conditional Overlay and SR-3, Single-Dwelling Residential to MR-3, Multi-Dwelling Residential with a PUD, Planned Unit Development Overlay, and a request to repeal the existing C-O, Conditional Overlay, on the proposed Craig’s Golden Ridge Addition. (Located at 3129 7th Avenue North and 802 32nd Street North) (Elevate Communities, LLC and Newton Development, LLC/Craig Development): APPROVED
1b. Continued hearing on an application requesting a PUD, Planned Unit Development Master Land Use Plan within the boundaries of the proposed Craig’s Golden Ridge Addition. (Located at 3129 7th Avenue North and 802 32nd Street North) (Elevate Communities, LLC and Newton Development, LLC/Craig Development): APPROVED
1c. Continued hearing on an application requesting a Plat of Craig’s Golden Ridge Addition (Minor Subdivision) a replat of a portion of Lot 6, Golden Ridge Addition, and a portion of Lot 14 and all of Lot 15, Block 3, Model Cities Subdivision, to the City of Fargo, Cass County, North Dakota with a subdivision waiver for drain dedication. (Located at 3129 7th Avenue North and 802 32nd Street North) (Elevate Communities, LLC and Newton Development, LLC/Craig Development): APPROVED
A Hearing had been set for August 6, 2019. At the August 6, 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 commending approval.
Member Stofferahn present.
Discussion was held regarding existing and future access to the properties, plans for the existing sidewalks, and plans for existing and additional fencing.
Applicant Jesse Craig, Craig Development, spoke on behalf of the application.
Property owner Luke Lubahn, 3102 8th Avenue North, shared his concerns about the closeness of the building to the back of his property and lack of privacy, the height of the building, and increased traffic.
Member Morgan moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Zoning Change from MR-2, Multi-Dwelling Residential with a C-O, Conditional Overlay and SR-3, Single-Dwelling Residential to MR-3, Multi-Dwelling Residential with a PUD, Planned Unit Development Overlay, and to repeal the existing C-O, Conditional Overlay Ordinance 4399; 2) PUD, Planned Unit Development Master Land Use Plan; and 3) Subdivision Plat, Craig’s Golden Ridge Addition, including a subdivision waiver for drain dedication as outlined within the staff report, as the proposal complies with the
GO2030 Fargo Comprehensive Plan, the Standards of Articles 20-0906(F)(1-4), 20-0907(B)(a-e), 20-0907(D)(3)(a-c), 20-06, and all other applicable requirements of the Land Development Code.
Member Magelky moved the motion be amended to include a negative access easement to the 8th Avenue North property frontage. Member Morgan agreed to the amendment.
Second by Member Magelky. On call of the roll on the motion as amended Members Tasa, Morgan, Bachmeier, Stofferahn, Holtz, Schneider, Magelky, Sobolik, and Gunkelman voted aye. Absent and not voting: Member Scherling. The motion was declared carried.
At 4:06 p.m., the Board took a ten-minute recess.
After recess: All Members present except Member Scherling. Chair Gunkelman presiding.
Item 2: Craig’s Oak Grove Second Addition
2a. Hearing on an application requesting a Zoning Change from MR-2, Multi-Dwelling Residential and DMU, Downtown Mixed Use, to MR-2, Multi-Dwelling Residential and DMU, Downtown Mixed Use, and a request to repeal the existing PUD, Planned Unit Development Overlay on the proposed Craigs Oak Grove Second Addition. (Located at 505, 509, and 515 Oak Street and 2, 6, and 10 6th Avenue North) (Oak Grove River Lofts, LLC/Jesse Craig): APPROVED
2b. Hearing on an application requesting a Plat of Craigs Oak Grove Second Addition (Minor Subdivision) a replat of Lot 1, Block 1 Craigs Oak Grove Addition, a vacated portion of Elm Street, vacated portion of 5th Avenue North, vacated alley, and a portion of Lot 5, 6, and 7, Block 28, Keeney and Devitts 2nd Addition to the City of Fargo, Cass County, North Dakota. (Located at 505, 509, and 515 Oak Street and 2, 6, and 10 6th Avenue North) (Oak Grove River Lofts, LLC/Jesse Craig): APPROVED
Assistant Director of Planning and Development Mark Williams presented the staff report. He added staff has received comments from area property owners, and an additional email staff submitted to the Board today. He noted staff also held an open house for the public to attend on August 27, 2019. Mr. Williams stated all approval criteria have been met and staff is recommending approval.
Applicant Jesse Craig, Craig Development, spoke on behalf of the application.
Discussion was held clarifying the number of levels the building will have; the number of parking entrances; the unit types being rentals with the possibility for purchase in the future; and any flood protection plans for this area.
Member Magelky moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Zoning Change from DMU, Downtown Mixed-Use and MR-2, Multi-Dwelling Residential with a PUD, Planned Unit Development Overlay to DMU, Downtown Mixed-Use and MR-2, Multi-Dwelling Residential, and to repeal the existing PUD, Planned Unit Development Overlay; and 2) Subdivision Plat, Craigs Oak Grove 2nd Addition as outlined within the staff report, as the proposal satisfactorily complies with the GO2030 Fargo Comprehensive 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 Sobolik. On call of the roll Members Magelky, Schneider, Holtz, Sobolik, Stofferahn, Morgan, Bachmeier, Tasa and Gunkelman voted aye. Absent and not voting: Member Scherling. The motion was declared carried.
Item 3: Timber Creek Third Addition
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): CONTINUED TO OCTOBER 1, 2019
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted letters of opposition were submitted to the Board today.
Discussion began regarding the background of this property, the previous withdrawn applications, and what is being proposed today.
Applicant Don Dabbert, Dabbert Custom Homes, spoke on behalf of the application.
Kelly Rott, 3334 46th Street Avenue South, spoke on behalf of himself and Matthew Bring, 4706 34th Street South, sharing concerns of increasing the density in this area, and the lack of effort on the part of the developer to share the information at an open house with the area property owners before submitting the proposal to the City.
Mike Graalum, 1744 Prairie Lane, spoke in favor of the proposal.
Mr. Rott spoke again requesting a continuation of this item to allow the developer the opportunity to share his information with the area property owners at a public open house meeting.
Mr. Kress read an email in opposition submitted by Matthew Bring, 4706 24th Street South.
City Attorney Erik Johnson clarified that staffs review of the application has addressed what is legally required by the Land Development Code.
Member Stofferahn moved to continue this item to the October 1, 2019 Planning Commission meeting. Second by Member Bachmeier. On call of the roll Members Schneider, Sobolik, Bachmeier, Stofferahn, Holtz, Magelky, Tasa, Morgan, and Gunkelman voted aye. Absent and not voting: Member Scherling. The motion was declared carried.
Item 4: Agassiz Nursery Addition (PKG Contracting)
Hearing on an application requesting a Zoning Change from LC, Limited Commercial to LI, Limited Industrial on a portion of Lot 2, Block 1, Agassiz Nursery Addition (PKG Contracting) (Located at 4203 South University Drive) (PKG Contracting, Inc./Lowry Engineering): APPROVED
Planning Intern Luke Morman presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Darin Pfingsten, PKG Contracting, Inc., spoke on behalf of the application.
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 LC, Limited Commercial to LI, Limited Industrial 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 Schneider. On call of the roll Members Magelky, Sobolik, Stofferahn, Holtz, Tasa, Morgan, Bachmeier, Schneider, and Gunkelman voted aye. Absent and not voting: Member Scherling. The motion was declared carried.
Item 5: Agassiz Nursery Addition (City of Fargo)
Hearing on an application requesting a Zoning Change from SR-3, Single-Dwelling Residential to P/I, Public and Institutional on Lot 1, Block 1, Agassiz Nursery Addition (City of Fargo) (Located at 1421 42nd Avenue South) (City of Fargo): APPROVED
Mr. Morman presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Sobolik moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Zoning Change from SR-3, 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 Magelky. On call of the roll Members Bachmeier, Magelky, Morgan, Schneider, Sobolik, Holtz, Stofferahn, Tasa, and Gunkelman voted aye. Absent and not voting: Member Scherling. The motion was declared carried.
Item 6: Keeney & Devitt’s Second Addition
Hearing on an application requesting an Alley Vacation of the alley in Block 21, Keeney & Devitt’s Second Addition. (Located at 401 Broadway North) (DFI Mercantile LLC/Keith Leier): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Tasa moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Alley Vacation in Block 21, Keeney & Devitt’s Second Addition to the City of Fargo, Cass County, North Dakota as outlined within the staff report, as the proposal complies with the Downtown In Focus Master Plan, and the Standards of Chapter 40-39 of the North Dakota Century Code. Second by Member Morgan. On call of the roll Members Holtz, Sobolik, Magelky, Morgan, Schneider, Stofferahn, Tasa, Bachmeier, and Gunkelman voted aye. Absent and not voting: Member Scherling. The motion was declared carried.
Item 7: Kesler First Addition
Hearing on an application requesting a Plat of Kesler First Addition (Minor Subdivision) a replat of Lots A through F, T, and U, and portions of alleys now vacated all in Hagaman’s Subdivision and part of Block 2, Roberts Addition, and all of lots 10-12, Block 2, Roberts Addition to the City of Fargo, Cass County, North Dakota. (Located at 613, 617, 621 1st Avenue North and 624 2nd Avenue North) (DFI Kesler, LLC/Kilbourne Group): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Board discussion clarified the location of the alley being vacated.
Mike Zimney, Project Manager at Kilbourne Group, spoke on behalf of the application.
Member Sobolik moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat, Kesler First Addition as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Downtown InFocus Future Land Use 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, Holtz, Bachmeier, Tasa, Magelky, Morgan, Stofferahn, Schneider, and Gunkelman voted aye. Absent and not voting: Member Scherling. The motion was declared carried.
Item 8: Burlington Northern I-29 South Industrial Center Addition
Hearing on an application requesting a Right of Way Vacation on a portion of 33rd Street South between Lots 7 through 11, Block 8, Burlington Northern I-29 South Industrial Center Addition and an unplatted portion of Section 11, Township 139 North, Range 49 West to the City of Fargo, Cass County, North Dakota. (Located at 3300 and 3420 Main Avenue) (City of Fargo): APPROVED
Assistant Planner Maggie Squyer presented the staff report and referred to a preliminary plat that was submitted to the Board. Ms. Squyer stated all approval criteria have been met and staff is recommending approval.
Member Magelky moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Vacation of a portion of 33rd Street South right-of-way between Lots 7-11, Block 8, Burlington Northern I-29 South Industrial Center Addition, and unplatted portion of Section 11, Township 139 North, Range 49 West as outlined within the staff report, as the proposal complies with the Standards of Chapter 40-39 of the North Dakota Century Code. Second by Member Holtz. On call of the roll Members Tasa, Stofferahn, Magelky, Sobolik, Schneider, Morgan, Holtz, Bachmeier, and Gunkelman voted aye. Absent and not voting: Member Scherling. The motion was declared carried.
Item E: Other Items:
Item 1: Amendments to the 2019 Annual Action Plan
Director of Planning and Development Nicole Crutchfield reviewed the proposed amendments to the Community Development Block Grant (CDBG)/HOME 2019 Action Plan. She noted an announcement seeking interest in projects that might be focused on assisted senior housing projects was issued by the City, and the following two properties were identified: Craig Properties located at 3129 7th Avenue North (Agenda Item 1 presented today); and Homefield 3/Beyond Shelter, Inc. located at 4225 28th Avenue South. She stated staff is requesting to go forward to allocate appropriated funds for these two properties.
Member Bachmeier moved to approve the proposed amendments to the 2019 Annual Action Plan. Second by Member Stofferahn. On call of the roll Members Sobolik, Morgan, Holtz, Tasa, Magelky, Schneider, Stofferahn, Bachmeier, and Gunkelman voted aye. Absent and not voting: Member Scherling. The motion was declared carried.
The time at adjournment was 4:35 p.m.