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Planning Commission - February 2, 2021 Minutes

The Regular Meeting of the Board of Planning Commissioners of the City of Fargo, North Dakota, was held virtually in the Commission Chambers at City Hall at 3:00 p.m., Tuesday, February 2, 2021.

The Planning Commissioners present or absent were as follows:

Present: Rocky Schneider, Melissa Sobolik, Scott Stofferahn, Maranda Tasa, Jennifer Holtz, Dawn Morgan

Absent: John Gunkelman, Art Rosenberg, Mary Scherling

Vice Chair Schneider called the meeting to order.

Business Items
Item A: Approve Order of Agenda
Vice Chair Schneider noted Items 1, 2, 6a, and 6b are continued to March 2, 2021.

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

Item B: Minutes: Regular Meeting of January 5, 2021
Member Stofferahn moved the minutes of the January 5, 2021 Planning Commission meeting be approved. Second by Member Tasa. All Members present voted aye and the motion was declared carried.

Item C: February 17, 2021 Brown Bag Luncheon: Cancelled

Item D: Public Hearing Items

Member Sobolik moved to continue Items 1, 2, 6a, and 6b to the March 2, 2021 Planning Commission meeting. Second by Member Holtz. All Members present voted aye and the motion was declared carried.

Item 1: Section 5, Township 138 North, Range 49 West
Continued hearing on an application requesting a Growth Plan Amendment on an unplatted portion of Section 5, Township 138 North, Range 49 West. (Located at 5702 52nd Avenue South) (Four Horsemen, LLC/Nate Vollmuth): CONTINUED TO MARCH 2, 2021
A Hearing had been set for November 3, 2020. At the November 3, 2020 meeting, the Hearing was continued to December 1, 2020. At the December 1, 2020 meeting, the Hearing was continued to January 5, 2021. At the January 5, 2021 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to March 2, 2021.

Item 2: LDC Text Amendment
Continued hearing on an application requesting a LDC Text Amendment to Article 20-09 to create Section 20-0907.E, Vacation of Right of Way. (City of Fargo): CONTINUED TO FEBRUARY 2, 2021
A Hearing had been set for December 1, 2020. At the December 1, 2020 meeting, the Hearing was continued January 5, 2021. At the January 5, 2021 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to March 2, 2021.

Item 3: Sanford Addition
3a. Hearing on an application requesting a Growth Plan Amendment within the boundaries of the proposed Sanford Addition. (Located at 6103 38th Street South) (Sanford North): APPROVED

3b. Hearing on an application requesting a Zoning Change from AG, Agricultural to LC, Limited Commercial, with a C-O, Conditional Overlay, and P/I, Public and Institutional within the boundaries of the proposed Sanford Addition. (Located at 6103 38th Street South) (Sanford North): APPROVED

3c. Hearing on an application requesting a Plat of Sanford Addition (Major Subdivision) a plat of part of the Southeast Quarter and a portion of the Northeast Quarter of Section 3, Township 138 North, Range 49 West, to the City of Fargo, Cass County, North Dakota. (Located at 6103 38th Street South) (Sanford North): APPROVED
Planning Coordinator Aaron Nelson presented the staff report stating all approval criteria have been met and staff is recommending approval.

Discussion was held on ownership of the property.

Applicant representatives Phil Siek and Craig Bjur spoke on behalf of the application.

Member Holtz moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Growth Plan Amendment, 2) Zoning Change from AG, Agricultural to P/I, Public and Institutional, and LC, Limited Commercial, with a C-O, Conditional Overlay, and 3) Subdivision Plat Sanford Addition as outlined within the staff report, as the proposal complies with the 2007 Growth Plan, the GO2030 Fargo Comprehensive Plan, the Standards of Article 20-06, Section 20-0906.F (1-4), and Section 20-0905.H 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 Sobolik, Stofferahn, Holtz, Tasa, Morgan, and Schneider voted aye. Absent and not voting: Members Gunkelman, Scherling, and Rosenberg. The motion was declared carried.

Item 4: Brewhalla Addition
4a. Hearing on an application requesting a Zoning Change from LI, Limited Industrial, GC, General Commercial, and GC, General Commercial with a C-O, Conditional Overlay to GC, General Commercial with a PUD, Planned Unit Development Overlay and a request to repeal the C-O, Conditional Overlay within the boundaries of the proposed Brewhalla Addition. (Located at 1612, 1620, 1624, 1630, 1632, 1666, and 1702 1st Avenue North) (MBA Investments, LLC): CONTINUED TO MARCH 2, 2021

4b. Hearing an application requesting a Planned Unit Development Master Land Use Plan and Final Plan within the boundaries of the proposed Brewhalla Addition. (Located at 1612, 1620, 1624, 1630, 1632, 1666, and 1702 1st Avenue North) (MBA Investments, LLC): CONTINUED TO MARCH 2, 2021

4c. Hearing on an application requesting a Plat of Brewhalla Addition (Minor Subdivision) a replat of Blocks 26 and 27, the vacated “L” Street (16 ½ Street North), the West 25 feet of vacated West Street (16th Street North), and part of the vacated Northern Pacific Avenue, Reeves Addition; replat of part of Lot 5, Milwaukee Addition; plat of Auditor’s Lot No. 1 of the South Half of Section 1, Township 139 North, Range 49 West; and a plat of an unplatted part of the South Half of said Section 1, to the City of Fargo, Cass County, North Dakota. (Located at 1612, 1620, 1624, 1630, 1632, 1666, and 1702 1st Avenue North) (MBA Investments, LLC): CONTINUED TO MARCH 2, 2021
Planning Coordinator Maegin Elshaug presented the staff report stating staff is bringing this item forward to hear public comments and allow preliminary discussion by the Planning Commission, and at this time staff is recommended this item be continued to the March 2, 2021 Planning Commission meeting.

Applicants Kevin Bartram, MBA Investments, and Mark Bjornstad, Drekker Brewing, spoke on behalf of the application.

Discussion was held on the property ownership and the zero lot line.

Member Sobolik moved to continue this item to the March 2, 2021 Planning Commission meeting. Second by Member Stofferahn. On call of the roll Members Tasa, Sobolik, Stofferahn, Holtz, Morgan, and Schneider voted aye. Absent and not voting: Members Gunkelman, Rosenberg, and Scherling. The motion was declared carried.

Item 5: Asleson Farms Fourth Addition
5a. Hearing on an application requesting a Zoning Change from MR-2, Multi-Dwelling Residential to LC, Limited Commercial within the boundaries of the proposed Asleson Farms Fourth Addition. (Located at 3523 and 3575 41st Street South) (JNB Properties, LLC): APPROVED

5b. Hearing on an application requesting a Plat of Asleson Farms Fourth Addition (Minor Subdivision) a replat of a portion of Lot 3, and all of Lot 4, Block 1, Asleson Farms Third Addition, to the City of Fargo, Cass County, North Dakota. (Located at 3523 and 3575 41st Street South) (JNB Properties, LLC): APPROVED
Assistant Planner Maggie Squyer presented the staff report stating all approval criteria have been met and staff is recommending approval.

Applicant representative Nick Dietrich 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 1) Zoning Change from MR-2, Multi-Dwelling Residential to LC, Limited Commercial, and 2) Subdivision Plat Asleson Farms Fourth Addition as outlined in the staff report, as the proposal complies with the 2003 Southwest Future Growth Plan, the Standards of Article 20-06, Section 20-0906.F (1-4) of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Morgan. On call of the roll Members Stofferahn, Tasa, Morgan, Holtz, Sobolik, and Schneider voted aye. Absent and not voting: Members Scherling, Gunkelman, and Rosenberg. The motion was declared carried.

Item 6: 220 Addition
6a. Hearing on an application requesting a Zoning Change from MR-3, Multi-Dwelling Residential to DMU, Downtown Mixed-Use within the boundaries of the proposed 220 Addition. (Located at 214 and 220 6th Avenue North) (Jerry & Jean Pladson): CONTINUED TO MARCH 2, 2021

6b. Hearing on an application requesting a Plat of 220 Addition (Minor Subdivision) a replat of Lot 8, and part of Lot 9, Block 31, Keeney and Devitts Second Addition, to the City of Fargo, Cass County, North Dakota. (Located at 214 and 220 6th Avenue North) (Jerry & Jean Pladson): CONTINUED TO MARCH 2, 2021
A Hearing had been set for this date and time; however, the applicant has requested this item be continued to March 2, 2021.

Item 7: Timber Parkway Fifth Addition
Hearing on an application requesting a Plat of Timber Parkway Fifth Addition (Minor Subdivision) a replat of Lots 1 and 2, Block 1, Timber Parkway Third Addition, to the City of Fargo, Cass County, North Dakota. (Located at 5055 and 5161 Timber Parkway South) (PLC Investments, LLC/Christianson Companies): APPROVED
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.

Applicant representative Blake Carlson 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 Timber Parkway Fifth Addition as outlined within the staff report, as the proposal complies with the standards of Article 20-06 of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Morgan. On call of the roll Members Tasa, Sobolik, Morgan, Stofferahn, Holtz, and Schneider voted aye. Absent and not voting: Members Gunkelman, Scherling, and Rosenberg. The motion was declared carried.

Item 8: Metropolitan Park Second Addition
Hearing on an application requesting a Plat of Metropolitan Park Second Addition (Minor Subdivision) a replat of Lot 1, Block 1, Metropolitan Park Addition, to the City of Fargo, Cass County, North Dakota. (Located at 4455 30th Avenue South) (JPR Investments, LLC/Nate Vollmuth): APPROVED
Mr. Kress 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 Subdivision Plat Metropolitan Park Second Addition as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the applicable growth 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 Sobolik. On call of the roll Members Sobolik, Stofferahn, Tasa, Holtz, Morgan, and Schneider voted aye. Absent and not voting: Members Gunkelman, Scherling, and Rosenberg. The motion was declared carried.

Item 9: South Ridge First Addition
9a. Hearing on an application requesting a Growth Plan Amendment on Lots 5 and 6, Block 3, South Ridge First Addition. (Located at 2365 and 2445 65th Avenue South) (Fargo Investments, LLC): APPROVED

9b. Hearing on an application requesting a Zoning Change from MR-3, Multi-Dwelling Residential to LC, Limited Commercial with a C-O, Conditional Overlay on Lots 5 and 6, Block 3, South Ridge First Addition. (Located at 2365 and 2445 65th Avenue South) (Fargo Investments, LLC): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted additional information received was emailed to Board members, and that a virtual neighborhood meeting was held with no comments received.

Applicant representative Blake Carlson 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 1) Growth Plan Amendment, and 2) Zoning Change from MR-3, Multi-Dwelling Residential to LC, Limited Commercial with a C-O, Conditional Overlay as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the 2007 Growth Plan, Section 20-0906.F (1-4), Section 20-0905.H (1-4) of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Stofferahn. On call of the roll Members Morgan, Holtz, Stofferahn, Tasa, Sobolik, and Schneider voted aye. Absent and not voting: Members Gunkelman, Scherling, and Rosenberg. The motion was declared carried.

Item E: Other Items
Item 1: Review of proposed annexation of portions of Sections 3, 4, and 10, Township 138 North, Range 49 West: APPROVED
Mr. Kress and Assistant Director of Planning and Development Mark Williams presented the staff report.

Member Sobolik moved the Planning Commission find that the proposed annexation to be consistent with the 2007 Growth Plan as outlined within the staff report. Second by Member Stofferahn. All Members present voted aye and the motion was declared carried.

Member Sobolik moved to adjourn the meeting. Second by Member Stofferahn. All Members present voted aye and the motion was declared carried.

The time at adjournment was 3:55 p.m.