Menu

Planning Commission

Boards, Commissions & Committees

Planning Commission - April 2, 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, April 2, 2019.

The Planning Commissioners present or absent were as follows:

Present: Shara Fischer, John Gunkelman, Mike Magelky, Dawn Morgan, Mary Scherling, Rocky Schneider, Melissa Sobolik, Scott Stofferahn, Maranda Tasa, Brad Bachmeier, Jennifer Holtz

Absent: None

Chair Fischer called the meeting to order.

Business Items:
Item A: Approve Order of Agenda
Chair Fischer noted the following Agenda items:
- Items 1a and 1b have been withdrawn
- Item 7 has been continued to May 7, 2019

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

Item B: Minutes: Regular Meeting of March 5, 2019
Member Sobolik moved the minutes of the March 5, 2019 Planning Commission meeting be approved. Second by Member Tasa. All Members present voted aye and the motion was declared carried.

Item C: April Brown Bag Luncheon – No meeting schedule for April

Item D: Public Hearing Items:
Item 1: Timber Creek Ninth Addition
1a. Continued hearing on an application requesting a Zoning Change from SR-2, Single-Dwelling Residential to SR-4, Single-Dwelling Residential on the proposed Timber Creek Ninth Addition. (Located at 4726, 4736, 4746, 4756, 4766, 4776, and 4786 34th Street South) (Nate Vollmuth/PLC Investments): WITHDRAWN

1b. Continued hearing on an application requesting a Plat of Timber Creek Ninth Addition (Minor Subdivision) a replat of Lots 16-22, Block 3, Timber Creek First Addition, City of Fargo, Cass County, North Dakota. (Located at 4726, 4736, 4746, 4756, 4766, 4776, and 4786 34th Street South) (Nate Vollmuth/PLC Investments): WITHDRAWN
A Hearing had been set for January 3, 2019. At the January 3, 2019 meeting, the Hearing was continued to February 5, 2019. At the February 5, 2019 meeting, the Hearing was continued to March 5, 2019. At the March 5, 2019 meeting, the meeting was continued to this date and time; however, the applicant has requested this item be withdrawn.

Item 2: Inland Truck Parts Company Second Addition
Hearing on an application requesting a Plat of Inland Truck Parts Company Second Addition (Minor Subdivision) a replat of Lot 1, Block 1, Inland Truck Parts Company Addition, City of Fargo, Cass County, North Dakota. (Located at 3525 and 3545 38th Street South) (Houston Engineering/Inland Truck Parts Company): APPROVED
Planning Coordinator Aaron Nelson presented the staff report stating 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 Subdivision Plat, Inland Truck Parks Company Second 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 Stofferahn. On call of the roll Members Magelky, Schneider, Holtz, Sobolik, Stofferahn, Morgan, Bachmeier, Gunkelman, Tasa, and Fischer voted aye. Absent and not voting: Member Scherling. The motion was declared carried.

Member Scherling present.

Item 3: BLU Water Creek Third Addition
Hearing on an application requesting a Zoning Change to repeal and reestablish a C-O, Conditional Overlay on Lot 1, Block 1, BLU Water Creek Third Addition. (Located at 4504 32nd Avenue South) (KT Properties/Mike Dragosavich): DENIED
Planning Coordinator Maegin Elshaug gave a brief overview of Items 3, 4, 5, and 6 sharing the similarities in the applications and that the current C-O, Conditional Overlays on all the applications prohibit off-premise advertising. An additional map was presented to the Board.

Ms. Elshaug presented the staff report stating that approval criteria have not been met and staff is recommending denial. She additionally noted that the original application proposed the sign to front 45th Street South, and has been modified for the sign to front 32nd Avenue South.

Discussion was held regarding a nearby off-premise sign in the Urban Plains development.

Planning Director Nicole Crutchfield noted that the sign in question was approved as a wayfinding for the development and the Scheels Arena through a Conditional Use Permit process. She noted the Conditional Use Permit was limited to very tight design standards.

Applicants Kyle Freier, Property Resource Group, and Mike Dragosavich, Spotlight Media, spoke on behalf of the application.

Discussion was held regarding the meaning of a walkable neighborhood, safety concerns of distracted driving, and who is able to advertise.

Ms. Crutchfield provided an overview of action options for this item.

Member Stofferahn moved to table action on this item until after Items 4, 5, and 6 have been heard. Second by Member Holtz. All Members present voted aye and the motion was declared carried.

Item 4: Bentley Place First Addition
Hearing on an application requesting a Zoning Change to repeal and reestablish a C-O, Conditional Overlay on Lot 4, Block 1, Bentley Place First Addition and Lot 1, Block 1, Bentley Place Second Addition. (Located at 5570 32nd Avenue South and 3240 Veterans Boulevard) (Brandt Crossing, LLC/Mike Dragosavich): DENIED
Planning Coordinator Maegin Elshaug presented the staff report stating that approval criteria have not been met and staff is recommending denial. She noted that the original application was for an off-premise sign at two locations, but the proposed off-premise sign at 3240 Veteran’s Boulevard has been withdrawn.

Ms. Elshaug noted the similar unsatisfied criteria as Item 3 and also noted the proximity of this application to the City of West Fargo. She stated that she has received two comments against the application

Applicants Mr. Freier, Property Resource Group, and Mr. Dragosavich, Spotlight Media, spoke on behalf of the application.

Discussion was held regarding static versus digital signs and the frequency of changing content on the digital signs.

Jordan Weir, Vogel Law Firm, and Vance Reinbold, President/CEO of Capitol Credit Union spoke in opposition to the application stating the following concerns: decreasing the value and visibility of Lot 3 owned by Capitol Credit Union, the long-standing C-O, Conditional Overlay for the area, and setting a precedence for other billboards in the area.

Member Stofferahn moved to table action on this item until after Items 5, and 6 have been heard. Second by Member Schneider. All Members present voted aye and the motion was declared carried.

Item 5: Timber Parkway Third Addition
Hearing on an application requesting a Zoning Change to repeal and reestablish a C-O, Conditional Overlay on Lots 3-4, Block 1, Timber Parkway Third Addition. (Located at 4801 and 5081 Timber Parkway South) (PLC Investments, LLC/Mike Dragosavich): CONTINUED TO MAY 7, 2019
Planning Coordinator Maegin Elshaug presented the staff report stating that approval criteria have not been met and staff is recommending denial.

Applicants Mr. Freier, Property Resource Group, and Mr. Dragosavich, Spotlight Media, spoke on behalf of the application.

Board discussion was held regarding the large lot size of this application; the proposed billboard location in proximity to Interstate 29, residential housing, and the City of Frontier; limiting location options for the proposed sign; and spacing requirements.

Member Stofferahn moved to table action on this item until after Item 6 has been heard. Second by Member Bachmeier. All Members present voted aye and the motion was declared carried.

Item 6: Timber Creek Eighth Addition
Hearing on an application requesting a Zoning Change to repeal and reestablish a C-O, Conditional Overlay on Lot 2, Block 1, Timber Creek Eighth Addition. (Located at 5131 Prosperity Way South) (Midwest Restaurant Holdings, LLC/Mike Dragosavich): DENIED
Planning Coordinator Maegin Elshaug presented the staff report stating that approval criteria have not been met and staff is recommending denial.

Applicants Mr. Freier, Property Resource Group, and Mr. Dragosavich, Spotlight Media, spoke on behalf of the application.

Discussion was held on the brightness of the digital signs during the daytime versus night.

Member Sobolik noted that the City put in many working hours to develop the GO2030 Fargo Comprehensive Plan and the Current Sign Code. She stated that the work was intentional and this Commission should consider that when making a decision.

Member Schneider moved the findings and recommendations of staff be accepted and denial be recommended to the City Commission of the proposed Zoning Change to repeal and reestablish a C-O, Conditional Overlay on the basis that it does not comply with the GO2030 Fargo Comprehensive Plan, the Standards of Section 20-0906.F (1-4) or other applicable requirements of the Land Development Code. Second by Member Bachmeier. On call of the roll Members Holtz, Sobolik, Magelky, Gunkelman, Scherling, Morgan, Schneider, Stofferahn, Tasa, Bachmeier, and Fischer voted aye. The motion was declared carried.

Chair Fischer called for action on Item 3, BLU Water Creek Third Addition.

Member Sobolik moved the findings and recommendations of staff be accepted and denial be recommended to the City Commission of the proposed Zoning Change to repeal and reestablish a C-O, Conditional Overlay on the basis that it does not comply with the GO2030 Fargo Comprehensive Plan, the Standards of Section 20-0906.F (1-4) or other applicable requirements of the Land Development Code. Second by Member Schneider. On call of the roll Members Schneider, Sobolik, Bachmeier, Scherling, Stofferahn, Tasa, Holtz, Magelky, Gunkelman, Morgan, Fischer voted aye. The motion was declared carried.

Chair Fischer called for action on Item 4, Bentley Place First Addition.

Member Stofferahn moved the findings and recommendations of staff be accepted and denial be recommended to the City Commission of the proposed Zoning Change to repeal and reestablish a C-O, Conditional Overlay on the basis that it does not comply with the GO2030 Fargo Comprehensive Plan, the Standards of Section 20-0906.F (1-4) or other applicable requirements of the Land Development Code. Second by Member Sobolik. On call of the roll Members Scherling, Gunkelman, Sobolik, Stofferahn, Holtz, Magelky, Tasa, Morgan, Bachmeier, Schneider, and Fischer voted aye. The motion was declared carried.

Chair Fischer called for action on Item 5, Timber Parkway Third Addition.

Ms. Crutchfield noted that with the City’s current sign code, there is no way to limit the billboard to the proposed location, noting staff’s concern of not knowing the future land use for this property.

Member Schneider moved to continue this Item to the May 7, 2019 Planning Commission meeting to allow the applicant additional time to work with staff. Second by Member Magelky. On call of the roll Members Bachmeier, Gunkelman, Magelky, Scherling, Schneider, Stofferahn, and Tasa voted aye. Members Morgan, Sobolik, Holtz, and Fischer voted nay. The motion was declared carried.

At 4:06 p.m., the Board took a ten-minute recess.

After recess: All Members present. Chair Fischer presiding.

Item 7: Section 14, Township 138 North, Range 49 West
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) (dk): CONTINUED TO MAY 7, 2019
A Hearing had been set for this date and time; however, the applicant has requested this item be continued to May 7, 2019.

Item 8: Fred C. Hagen Addition
Hearing on an application requesting a Zoning Change from SR-2, Single-Dwelling Residential and AG, Agricultural to P/I, Public and Institutional on the Fred C. Hagen Addition and a portion of the unplatted Northeast Quarter of Section 7, Township 139 North, Range 48 West. (Located at 200, 310, and 430 4th Street South): APPROVED
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.

Discussion was held on the history of the site, current and future allowed uses, and the perimeters of the Downtown area identified in the Downtown InFocus Master Plan.

Member Magelky 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 and AG, Agriculture to P/I, Public and Institutional with a C-O, Conditional Overlay to restrict land uses as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Downtown InFocus Master 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 Gunkelman. On call of the roll Members Tasa, Stofferahn, Magelky, Sobolik, Schneider, Scherling, Morgan, Holtz, Gunkelman, Bachmeier, and Fischer voted aye. The motion was declared carried.

Item 9: Roberts Addition
Hearing on an application requesting a Right of Way Vacation of the alley between Lots A, B, C, D, E, F, T, and U, the vacated 10 foot alley adjacent to Lots T and U, Hagaman’s Subdivision of part of Block 2, Roberts Addition. (Located at 624 2nd Avenue North and 613, 617, and 621 1st Avenue North): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.

City Engineer Brenda Derrig spoke on behalf of the Engineering department noting there are private utilities in the alley, and the City is working with the developer to relocate them.

Member Morgan moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Alley Vacation in Hagaman’s Subdivision of a portion of Block 2 of Roberts Addition as outlined within the staff report, as the proposal complies with the Downtown InFocus Master Plan, and Standards of Chapter 40-39 of the North Dakota Century Code. Second by Member Sobolik. On call of the roll Members Morgan, Magelky, Holtz, Scherling, Gunkelman, Sobolik, Tasa, Bachmeier, Schneider, Stofferahn, and Fischer voted aye. The motion was declared carried.

Item E: Other Items:
Item 1: Development proposals for City-owned property at Main Avenue and 2nd Street South
Director of Strategic Planning and Development Jim Gilmour presented a brief history of the property noting that three proposals have been submitted for redevelopment of this area.

Mr. Gilmour presented an overview of each of the proposals from Beyond Shelter, Enclave Development, and the Fargo Housing Authority. He noted that the Finance Committee will meet with all three developers and make a recommendation to the City Commission.

Austin Morris spoke on behalf of the Enclave Development proposal.

Steve Eickhoff spoke on behalf of the Fargo Housing Authority proposal.

Discussion was held regarding the current high rise housing building, its tenants, and future plans.

Christopher Miller spoke on behalf of the Beyond Shelter proposal.

City Commissioner Tony Grindberg shared that it is good to have a public presentation of these proposals before they are brought to a City Commission meeting. He noted that this is an important area as it serves as a gateway into the City and North Dakota.

The Board further discussed the three proposals.

The time at adjournment was 4:55 p.m.