OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Fargo Planning Commission Meeting - November 7, 2023

City CommissionTuesday, November 7, 2023
BodyFargo, North Dakota
SessionCity Commission
DateTuesday, November 7, 2023
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
2:30

Okay, we'll call the meeting to order of the planning commission.

2:33

Thanks everybody for being here.

2:35

Um I'll take a motion to approve the order of agenda.

2:38

So moved.

2:39

Motion is there a second?

2:41

Second.

2:42

All in favor of the motion?

2:46

Any opposed?

2:48

Okay.

2:49

Going on to B the minutes.

2:50

Everybody had a chance to review the minutes.

2:55

Take a motion to approve.

2:57

So moved.

2:58

Second.

2:59

Motion second.

3:00

Any discussion?

3:03

Hearing none, all in favor say aye.

3:06

Aye.

3:06

Any opposed.

3:08

Motion passes.

3:10

Moving on to item number one.

3:11

We'll ask Donald to the podium.

3:15

Say, uh, Mr.

3:16

Chairman, we want to verify that commissioner still.

3:18

Oh, sure, yeah.

3:20

Um Scott, are you online?

3:23

I am.

3:24

Okay.

3:25

Thanks, sir.

3:44

Item number one here today.

3:47

Talk a little slowly because our applicant is on his way here.

3:50

Is CC's first edition?

3:52

Would you would you like us to take a different order?

3:55

We certainly could do that.

3:59

We can do uh well, if uh this is literally approved the order of agenda, so we could go back to it.

4:05

And so I tell you what, um let's well if everybody's okay, are you okay changing it to move to item two?

4:14

Yep.

4:15

Is there a motion to change the order of agenda?

4:18

I'll make a motion to change the agenda item one and move it to two.

4:22

Is there a second?

4:23

Second.

4:24

Any discussion.

4:26

All in favor say aye.

4:28

Aye.

4:29

So Mr.

4:29

Chair, then we have to verify that Mr.

4:30

Sheeran, who is the applicant for item two, is online as well.

4:34

Sure.

4:35

Tyler Shearin, are you online?

4:38

Uh, good afternoon, guys.

4:39

I am.

4:39

I can get Mr.

4:42

Sharon, we're actually gonna do your item first here.

4:44

So that's okay.

4:48

So thank you for your consideration, Commissioners.

4:50

Thanks, and then we'll just ask those online, um, Scott and Tyler if you could mute while you're not talking, just to save the audio here.

4:59

Yes, sir, thank you.

5:00

Uh so agenda item number two Ekman edition is a zone change uh located here at uh 1728 42nd street south uh 42nd street 17th Avenue West Acres I 29 is a close up of this sort of oddly shaped property here um here are some views of it here looking uh from 42nd street west uh looking along 42nd street to the north here and then uh south along 42nd street uh this property is zone GC general commercial the proposed zone zoning is mr three multi-dwelling residential uh as uh we have mr shearin online representing commonwealth developers they're based in wisconsin and they are going to intend to uh develop an affordable housing project here since housing is our topic of the day it's just uh coincidental that this is before you the uh this afternoon there is a brief description of the proposed project in your staff report uh that's the zone change is not based on what's going to be developed there but for the commission's interest uh mr sheer did provide that um that description of the project uh again pretty straightforward just a zone change here uh there's no growth plan that this needs to comply with this area is not covered by a growth plan staff is supportive of this decision as you see there is mr three adjacent to the subject property that would be this orange color here and uh with us on the phone again we have Tyler Sheeran representing Commonwealth Development from Wisconsin and also uh Mr.

6:30

Bachmeyer uh Dean Bachmeyer who is represents the current owner Blazing Rings property their transaction will be completed shortly after this zone change is done that concludes staff's presentation thank you commissioners thank you Donald any questions for staff yeah go ahead Donald what's the egress how do you get into this property well we'll go back here um there is uh you it's tough to see on here but there actually is a little driveway uh return in there so there are uh negative yeah access easements along this property that keep most of it from having entrances the entrance is I think right about here there's a break in the negative access easement right about here which will be their access and we've been working with uh the developer to make sure they're they're aware of that and they know how their you know project's gonna fit on that because of that so it is on 42nd are you gonna yes the access will be off 40 seconds left right on there um is there there's no there's no not nothing in the way of the street either so they can turn left and turn in there and right uh at this time yes they would be able to do that sir there's a left I think there's a center left lane yeah there's a center left lane in 42nd street there okay but they're not going through the back the back side doesn't have an easement or a entrance or corporate technologies that building you mean you mean this right in here to the west or east I mean okay no there actually is an easement in here um that's that's on the plat for that I don't know that they intend to use that okay but they'll be coming off 42nd street thank you as their primary entrance thank you sir thank you any other questions for Donald seeing none um mr sheeron do you have anything you'd like to add yeah absolutely first and foremost uh ladies and gentlemen thanks for your time this afternoon I apologize I was not able to be there in person um but uh as Don has mentioned we are here seeking a rezone for multifamily uh we believe it is consistent with the adjacent uses and believe the proximity to the West Acres Mall uh adjacent movie theater um local food hotels etc uh would both for a great new uh senior housing community um and so with that looking for your support uh any approval ultimately uh of this rezone request thank you any questions for the applicant seeing no questions for the applicant thank you for being here uh open up the public hearing to see if anyone else is here interested in speaking on this item item number two anybody else wish to speak on this item seeing none we'll close the public hearing commissioners what are your wishes go ahead I'll make the motion to approve per staff's recommendation is there a second second motion and second any discussion seeing none please take the roll holds aye stoffren aye shoey aye schmidt aye rosenberg tasa aye schneider aye motion passes thank you guys very much thank you mr sheer donald are we going back to number one now is that what you're thinking okay yes sir that's correct we'll go to item back to item number one let you introduce it thank you sir so Chris we we skipped ahead one now we're going back okay that no that's fine um so our next item here is CC's first edition a major subdivision uh this property here here's uh 52nd Avenue our landmark Walmart there uh as you know this property has been in play for some years it was originally we zoned to general commercial in 2007 uh starting in 2018 there was some plating of the south part here but this has remained undeveloped for some years uh variety of things have been proposed on

10:00

Now we're going back.

Discussion Breakdown — Share of Meeting
Zoning█████████████████████████████████████████████67%
Affordable Housing█████████13%
Procedural████████12%
Public Works█████8%
Summary of Proceedings

Fargo Planning Commission Meeting - November 7, 2023\n\nThe Fargo Planning Commission met on Tuesday, November 7, 2023, at 3:00 PM in the Commission Chambers at City Hall. Chair Rocky Schneider presided. Seven members were present (Schmidt, Stofferahn, Rosenberg, Holtz, Shewey, Tasa, Schneider); members Gunkelman and Morgan were absent. The meeting adjourned at 3:24 PM. The commission approved the order of agenda and the minutes of the October 3, 2023 meeting, then reordered the agenda to hear Item 2 (Ekman Addition) first. No public comments were received from the audience on any item. The commission considered five public hearing items and voted unanimously on all recommendations from staff.\n\n### Consent Calendar\n- Approval of the order of agenda as presented.\n- Approval of the minutes of the regular meeting of October 3, 2023.\n- Motion to change the order of agenda to hear Item 2 (Ekman Addition) before Item 1 (CC's First Addition). All unanimous.\n\n### Public Comments & Testimony\n- No members of the public spoke during the public hearing portions of any agenda item.\n\n### Discussion Items\n\n#### 1. CC's First Addition (Major Subdivision)\n- Location: 5080 38th Street South.\n- Applicant: KLC Holdings, LLC / Christianson Companies.\n- Proposal: Plat of an unplatted portion of the Southeast Quarter of Section 34, Township 139 North, Range 49 West.\n- Staff Recommendation: Approval (Planning Coordinator Donald Kress reported all criteria met).\n- Discussion: None. The applicant (Chris Mack) was present but offered no additional comments. No public opposition.\n- Vote: Motion by Member Holtz, second by Member Shewey. Roll call: all seven present voted aye. Motion carried.\n\n#### 2. Ekman Addition (Zoning Change from GC to MR-3)\n- Location: 1728 42nd Street South.\n- Applicant: Blazing Wings Properties, LLC / Commonwealth Development.\n- Proposal: Rezone from General Commercial (GC) to Multi-Dwelling Residential (MR-3) to allow future affordable senior housing.\n- Staff Recommendation: Approval (Kress reported all criteria met).\n- Discussion: A commissioner asked about access to the property. Staff clarified that access will be from 42nd Street via a break in the negative access easement; a center left-turn lane exists. Applicant Tyler Sheeran (via conference call) stated the project is consistent with adjacent uses (West Acres Mall, movie theater, hotels) and would create a senior housing community. No public comments.\n- Vote: Motion by Member Schmidt, second by Member Tasa. Roll call: all seven present voted aye. Motion carried.\n\n#### 3. Timber Parkway Eighth Addition (Repeal and Reestablish Conditional Overlay)\n- Location: 5056 Charles Way South.\n- Applicant: PLC Investments, LLC / Christianson Companies.\n- Proposal: Repeal existing conditional overlay and reestablish a new C-O based on the most recent overlay (5266), modified for building massing, facade length, and screening requirements.\n- Staff Recommendation: Approval (Assistant Planner Alayna Espeseth reported all criteria met).\n- Discussion: A commissioner inquired whether billboards would be allowed. Staff confirmed that the new conditional overlay explicitly prohibits billboards. No public concerns received.\n- Vote: Motion by Member Rosenberg, second by Member Schmidt. Roll call: all seven present voted aye. Motion carried.\n\n#### 4. Timber Parkway Tenth Addition (Repeal and Reestablish Conditional Overlay)\n- Location: 5107 and 5161 Charles Way South.\n- Applicant: KT Properties, LLC / Christianson Companies.\n- Proposal: Same as Item 3: repeal and reestablish a conditional overlay for two lots, with modifications consistent with overlay 5266.\n- Staff Recommendation: Approval (Espeseth reported one inquiry but no concern).\n- Discussion: None. No public comments.\n- Vote: Motion by Member Schmidt, second by Member Rosenberg. Roll call: all seven present voted aye. Motion carried.\n\n#### 5. University South Fourth Addition (Conditional Use Permit for Off-Site Parking)\n- Location: 1393 25th Avenue South and 1376 Oak Manor Avenue South (former Kmart site).\n- Applicant: Beyond Shelter Housing, LLC / Houston Engineering.\n- Proposal: Approve an alternative access plan to allow off-site parking to support a new headquarters building for BSI. The site includes senior housing under construction (MR-3) and a commercial office (GC). The applicant requests designation of 18 parking spaces on the multi-family lot to serve the office, providing flexibility for future expansion.\n- Staff Recommendation: Approval with three conditions.\n- Discussion: Planner Brad Garcia presented. Applicant representative Dan Madler (CEO, Beyond Shelter Inc.) spoke. A commissioner asked whether eliminating parking requirements would save time and money for affordable housing. Madler responded that 70% of senior residents have a vehicle, and the CUP process often overlaps with zone changes; he could not definitively say it would be impactful but acknowledged the process adds time. Conditions require: (1) 18 parking spaces maintained and accessible to Lot 2; (2) change/expansion of commercial use requires additional staff/commission review; (3) change of ownership of either property triggers additional review. Staff noted the two properties are under the same parent entity, so no recorded agreement is required.\n- Vote: Motion by Member Tasa, second by Member Shewey. Roll call: all seven present voted aye. Motion carried.\n\n### Key Outcomes\n- All five public hearing items received unanimous approval from the Planning Commission, recommending them to the City Commission.\n- The commission emphasized that the Timber Parkway conditional overlays explicitly prohibit billboards.\n- For University South Fourth Addition, the conditional use permit includes specific conditions related to parking maintenance, future commercial expansion, and ownership changes.\n- The meeting adjourned at 3:24 PM.

Meeting Transcript

Okay, we'll call the meeting to order of the planning commission. Thanks everybody for being here. Um I'll take a motion to approve the order of agenda. So moved. Motion is there a second? Second. All in favor of the motion? Any opposed? Okay. Going on to B the minutes. Everybody had a chance to review the minutes. Take a motion to approve. So moved. Second. Motion second. Any discussion? Hearing none, all in favor say aye. Aye. Any opposed. Motion passes. Moving on to item number one. We'll ask Donald to the podium. Say, uh, Mr. Chairman, we want to verify that commissioner still. Oh, sure, yeah. Um Scott, are you online? I am. Okay. Thanks, sir. Item number one here today. Talk a little slowly because our applicant is on his way here. Is CC's first edition? Would you would you like us to take a different order? We certainly could do that. We can do uh well, if uh this is literally approved the order of agenda, so we could go back to it. And so I tell you what, um let's well if everybody's okay, are you okay changing it to move to item two? Yep. Is there a motion to change the order of agenda? I'll make a motion to change the agenda item one and move it to two. Is there a second? Second. Any discussion. All in favor say aye. Aye. So Mr. Chair, then we have to verify that Mr. Sheeran, who is the applicant for item two, is online as well. Sure. Tyler Shearin, are you online? Uh, good afternoon, guys.

SUMMARIZED BY OPENPUBLICA AI
TRANSCRIPT VIA PUBLIC VIDEO
openpublica.com