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Planning Commission - August 6, 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, August 6, 2019.

The Planning Commissioners present or absent were as follows:

Present: Shara Fischer, John Gunkelman, Mike Magelky, Dawn Morgan, Mary Scherling, Rocky Schneider, Brad Bachmeier, Jennifer Holtz

Absent: Melissa Sobolik, Scott Stofferahn, Maranda Tasa

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 Fischer. All Members present voted aye and the motion was declared carried.

Item B: Minutes: Regular Meeting of July 2, 2019
Member Magelky moved the minutes of the July 2, 2019 Planning Commission meeting be approved. Second by Member Schneider. All Members present voted aye and the motion was declared carried.

Item C: August 21, 2019 Brown Bag Luncheon: CANCELLED

Item D: Public Hearing Items:

Item 1: MBA Investments
1a. Continued hearing on an application requesting a Zoning Change from GC, General Commercial to LI, Limited Industrial on the proposed Lot 1, Block 1, MBA Investments Addition. (Located at 1717 1st Avenue North; 112 and 202 16th Street North) (MBA Investments, LLC/Kevin Bartram): APPROVED

1b. Continued hearing on an application requesting a Plat of MBA Investments Addition (Minor Subdivision) a replat of Lots 5, 8, and part of Burlington Northern Right of Way, Block 1, P.M. Properties Subdivision and portions of Lots 3 and 9 and all of Lots 4-8, 14, 15, and a portion of vacated alley, Block 16, Reeves Addition to the City of Fargo, Cass County, North Dakota, to include a Subdivision Waiver for drain dedication. (Located at 1717 1st Avenue North; 112 and 202 16th Street North) (MBA Investments, LLC/Kevin Bartram): APPROVED
A Hearing had been set for 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.

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 1) Zoning Change from GC, General Commercial to LI, Limited Industrial; 2) Subdivision Plat, MBA Investments Addition; and 3) Subdivision Waiver of the Land Development Code Section 20-0610(F) for drain dedication as outlined within the staff report as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Standards of Article 20-06, Section 20-0906(F) (1-4), and Section 20-0907(D)(3), and all other applicable requirements of the Land Development Code. Second by Member Morgan. On call of the roll Members Scherling, Morgan, Bachmeier, Holtz, Schneider, Magelky, Fischer, and Gunkelman voted aye. Absent and not voting: Members Sobolik, Stofferahn, and Tasa. The motion was declared carried.

Item 2: Woodhaven Plaza Addition
Hearing on an application requesting a Conditional Use Permit to allow for an Alternative Access Plan in the LC, Limited Commercial zoning district on a portion of Lot 4 and all of Lots 3, 5 and 6, Block 1, Woodhaven Plaza Addition, and a portion of Lot 2, Block 1, Prairie Tech Addition. (Located at 4110, 4137, and 4175 40th Street South, 4014 41st Street South, and 4055 and 4100 41st Avenue South) (Aldevron, LLC/Zerr Berg Architects): APPROVED
Planning Coordinator Maegin Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval.

Member Schneider moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow for an Alternative Access Plan be approved as the proposal complies with Section 20-0909.D (1-6) and all other applicable requirements of the Land Development Code, with the following conditions:

1) One off-street parking space be provided per 570 square feet of medical research office use, excluding primary mechanical spaces.

2) Parking requirements may be met anywhere within the properties included in the Conditional Use Permit.

3) The Conditional Use Permit will cease if the medical research office use ceases.

Second by Member Scherling. On call of the roll Members Magelky, Schneider, Scherling, Holtz, Morgan, Bachmeier, Fischer, and Gunkelman voted aye. Absent and not voting: Members Sobolik, Stofferahn, and Tasa. The motion was declared carried.

Item 3: Prairie Tech Second Addition
Hearing on an application requesting a Plat of Prairie Tech Second Addition (Minor Subdivision) a replat of Lot 2, Block 1, Prairie Tech Addition to the City of Fargo, Cass County, North Dakota. (Located at 4110 40th Street South) (Smile Achers, LLP/Goldmark Commercial): APPROVED
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted an updated plat was submitted to the Board.

Member Scherling moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Prairie Tech Second Addition, as outlined within the staff report as the proposal complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code. Second by Member Holtz. On call of the roll Members Schneider, Bachmeier, Scherling, Fischer, Holtz, Magelky, Morgan, and Gunkelman voted aye. Absent and not voting: Members Sobolik, Stofferahn, and Tasa. The motion was declared carried.

Item 4: Craig’s Golden Ridge Addition
4a. Hearing on an application requesting a Zoning Change from MR-2, Multi-Dwelling Residential and SR-3, Single-Dwelling Residential to MR-3, Multi-Dwelling Residential with a PUD, Planned Unit Development 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): CONTINUED TO SEPTEMBER 3, 2019

4b. 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): CONTINUED TO SEPTEMBER 3, 2019

4c. 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): CONTINUED TO SEPTEMBER 3, 2019
A Hearing had been set for this date and time; however, the applicant has requested this item be continued to September 3, 2019.

Item 5: The Pines at the District Addition
5a. Hearing on an application requesting a Zoning Change from MR-3, Multi-Dwelling Residential to LC, Limited Commercial on Lot 1, Block 12, The Pines at the District Addition. (Located at 3800 56th Avenue South) (Aurora Ponds II at the District, LLP/Hospice of the Red River Valley): APPROVED

5b. Hearing on an application requesting a Growth Plan Amendment on Lot 1, Block 12, The Pines at the District Addition. (Located at 3800 56th Avenue South) (Aurora Ponds II at the District, LLP/Hospice of the Red River Valley): APPROVED
Assistant Planner Maggie Squyer presented the staff report stating all approval criteria have been met and staff is recommending approval. She noted staff held an open house on July 31, 2019.

Discussion was held regarding the required landscape buffers.

Attorney Dan Bueide, Bueide Law Firm, spoke on behalf of the applicant, and shared a video created by the Hospice of the Red River Valley.

Tracee Capron, Executive Director of the Hospice of the Red River Valley, spoke on behalf of the application.

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-3, Multi-Dwelling Residential to LC, Limited Commercial, and 2) Growth Plan Amendment as outlined within the staff report as the proposal complies with the Adopted Area Plan, the Standards of Section 20-0905(H) and Section 20-0906.F (1-4), and all other applicable requirements of the Land Development Code. Second by Member Bachmeier. On call of the roll Members Bachmeier, Scherling, Magelky, Morgan, Fischer, Schneider, Holtz, and Gunkelman voted aye. Absent and not voting: Members Sobolik, Stofferahn, and Tasa. The motion was declared carried.

Item 6: Keeney and Devitt’s Second Addition
Hearing on an application requesting a Right of Way Vacation of a portion of 5th Street North between Blocks 21 and 22, Keeney and Devitt’s Second Addition and lying North of 4th Avenue North and South of Lot B, Block 1, Great Northern Depot Addition to the City of Fargo, Cass County, North Dakota (Located at 410 5th Street North) (DFI Mercantile, LLC/Kilbourne Group): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.

Discussion was held concerning parking access and potential impact to area residents.

City Engineer Brenda Derrig spoke on behalf of the Engineering Department, addressing questions about the remaining portion of 5th Street North in this area.

Keith Leier, Vice President of Development and Construction for Kilbourne Group, spoke on behalf of the application.

Director of Planning and Development Nicole Crutchfield addressed additional questions regarding downtown parking.

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 5th Street North between Blocks 21 and 22, Keeney and Devitt’s Second Addition and lying North of 4th Avenue North and South of Lot B, Block 1, Great Northern Deport Addition as outlined within the staff report as the proposal complies with the Downtown InFocus 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, Magelky, Fischer, Scherling, Morgan, Schneider, Bachmeier, and Gunkelman voted aye. Absent and not voting: Members Sobolik, Stofferahn, and Tasa. The motion was declared carried.

Item 7: Chas A. Roberts Addition
Hearing on an application requesting a Conditional Use Permit to allow a bed and breakfast in the SR-3, Single-Dwelling Residential zoning district on Lots 2 and 3, Block F, Chas A Roberts Addition. (Located at 611 8th Street South) (Roger and Margaret Nelson): APPROVED
Planner Kylie Bagley presented the staff report stating all approval criteria have been met and staff is recommending approval. She noted a letter in opposition was submitted to the Board.

Applicant Representative Christine Kloubec spoke on behalf of the application.

The following area property owners spoke in opposition of the proposal sharing the following concerns: existing parking issues; security risks; signage restrictions; allowing a business into a residential area; and snow removal issues.

James Baum, 511 8th Street South
Rusty Papachek, spoke on behalf of F. Scott Neal, 623 8th Street South
Richard Nelson, 515 8th Street South
Carol Baum, 511 8th Street South

Upon questions regarding existing policy, City Attorney Erik Johnson reviewed the City ordinance as it pertains to a bed and breakfast and an AirBnB.

Discussion continued regarding the conditions of the Conditional Use Permit (CUP), clarifying the CUP does transfer with the property as long as it continues as a bed and breakfast.

Member Morgan moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow a bed and breakfast in the SR-3, Single-Dwelling Residential zoning district be approved as the proposal complies with Section 20-0909.D (1-6) and all other requirements of the Land Development Code, with the following conditions:
1) Allow for receptions, private parties, or similar activities on site.

2) The Conditional Use Permit will cease if the land use changes from a bed and breakfast.

Second by Member Schneider. On call of the roll Members Fischer, Holtz, Bachmeier, Morgan, and Schneider voted aye. Members Magelky, Scherling, and Gunkelman voted nay. Absent and not voting: Members Sobolik, Stofferahn, and Tasa. The motion was declared carried.

Item 8: Scilley’s Addition
Hearing on an application requesting a Zoning Change from SR-2, Single-Dwelling Residential to NO, Neighborhood Office on Lot 11, Block 1, Scilley’s Addition. (Located at 1604 52nd Avenue South) (Holy Resurrection Orthodox Mission Church/Ronald Robson): APPROVED
Ms. Squyer presented the staff report stating all approval criteria have been met and staff is recommending approval.

Alan Koch, 5208 17th Street South spoke in opposition of the proposal, and submitted a petition from area property owners to staff.

Applicant Ronald Robson spoke on behalf of the application.

Upon discussion by the Board, Ms. Squyer reviewed the description and services allowed in the NO zoning district. Ms. Crutchfield addressed questions concerning parking, landscaping standards, and fence requirements per City code.

Member Fischer 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 NO, Neighborhood Office 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 Morgan, Holtz, Fischer, Bachmeier, and Gunkelman voted aye. Members Magelky, Schneider, and Scherling voted nay. Absent and not voting: Members Sobolik, Stofferahn, and Tasa. The motion was declared carried.

At 4:35 p.m., the Board took a ten-minute recess.

After recess: All Members present except Members Sobolik, Stofferahn, and Tasa. Chair Gunkelman presiding.

Item 9: St. Paul’s Newman Center Addition
Hearing on an application requesting a Plat of St. Paul’s Newman Center Addition (Minor Subdivision) a replat of Lots 1-10, Block 2, College Addition and Lots 1-4 and 15-23, Block 9, Bolley’s Addition, City of Fargo, Cass County, North Dakota. (Located at 1113, 1117, 1119, 1129, 1131, 1141 North University Drive; 1112, 1118, 1122, 1126, 1130, 1134, 1138, 1142, 1146 12th Street North; 1201, 1211, 1213, 1215, 1223 11th Avenue North) (Roers Development): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval. He briefly reviewed the background of this item, noting upon direction from the City Commission at their February 11, 2019 meeting, the applicant has submitted a revised plat for approval.

Applicant Larry Nygard, Roer’s Development, spoke on behalf of the application.

Member Magelky declared a conflict of interest on this item and was excused from voting.

Member Scherling moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat St. Paul’s Newman Center Addition as outlined within the staff report as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Roosevelt/NDSU Neighborhood 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 Morgan, Holtz, Scherling, Fischer, Bachmeier, Schneider, and Gunkelman voted aye. Member Magelky abstained from voting. Absent and not voting: Members Sobolik, Stofferahn, and Tasa. The motion was declared carried.

Item E: Other Items:
Item 1: Planned Unit Development Final Plan for St. Paul’s Newman Center Addition
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.

Discussion about plans for moving some of the existing houses to other vacant properties within the City were addressed by Ms. Crutchfield, and Assistant Planning Director Mark Williams.

Mr. Kress and Mr. Nygard addressed questions from Member Scherling regarding the number and location of the proposed townhomes, as shown on the Planned Unit Development Final Plan maps included in the packet.

City Forester Scott Liudahl, City Forester, shared concerns about potential removal of existing trees on this property.

Member Magelky declared a conflict of interest on this item and was excused from voting.

Member Holtz moved the findings and recommendations of staff be accepted and the Planned Unit Development Final Plan for St. Paul’s Newman Center Addition be approved as the proposal complies with the PUD Master Land Use Plan, Section 20-0908.D of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Fischer. On call of the roll Members Fischer, Morgan, Holtz, Schneider, Bachmeier, Scherling, and Gunkelman voted aye. Member Magelky abstained from voting. Absent and not voting: Members Sobolik, Stofferahn, and Tasa. The motion was declared carried.

Item 2: Planned Unit Development Final Plan for Diamond Willow Addition
Mr. Kress 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 the Planned Unit Development Final Plan for Diamond Willow Addition be approved as the proposal complies with the PUD Master Land Use Plan, Section 20-0908.D 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 Bachmeier, Holtz, Morgan, Magelky, Fischer, Schneider, Scherling, and Gunkelman voted aye. Absent and not voting: Members Sobolik, Stofferahn, and Tasa. The motion was declared carried.

Item 3: Amendments to the 2019 Annual Action Plan
Ms. Crutchfield briefly reviewed the process and the proposed amendments to the Community Development Block Grant (CDBG)/HOME 2019 Action Plan. She noted the Board will periodically see this item on the agenda as the action plans are updated. Ms. Crutchfield stated staff is recommending approval.

Member Scherling moved to approve the proposed amendments to the 2019 Annual Action Plan. Second by Member Schneider. On call of the roll Members Morgan, Magelky, Bachmeier, Fischer, Scherling, Schneider, Holtz, and Gunkelman voted aye. Absent and not voting: Members Sobolik, Stofferahn, and Tasa. The motion was declared carried.

Item 4: Roers/Newman Block – Roosevelt Neighborhood Renewal Plan
Mr. Nelson provided a brief review of the process and the proposed Renewal Plan. He stated staff is recommending approval.

Member Schneider moved to recommend to the City Commission that this Renewal Plan is consistent with the GO2030 Fargo Comprehensive Plan. Second by Member Fischer.

Member Magelky declared a conflict of interest on this item and was excused from voting.

On call of the roll Members Morgan, Schneider, Holtz, Fischer, Scherling, Bachmeier, and Gunkelman voted aye. Member Magelky abstained from voting. Absent and not voting: Members Sobolik, Stofferahn, and Tasa. The motion was declared carried.

Other Business
Chair Gunkelman noted information included in the packet regarding the North Dakota Planning Association Annual Conference in September.

Member Schneider moved to adjourn the meeting at 5:19 p.m. Second by Member Bachmeier. All Members present voted aye and the motion was declared carried.