Fargo Planning Commission Meeting - November 7, 2023
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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.
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