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Planning Commission - June 2, 2020 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, June 2, 2020.

The Planning Commissioners present or absent were as follows:

Present: John Gunkelman, Rocky Schneider, Scott Stofferahn, Brad Bachmeier, Jennifer Holtz, Dawn Morgan, Art Rosenberg

Absent: Maranda Tasa, Mary Scherling, Melissa Sobolik

Chair Gunkelman called the meeting to order.

Business Items:
Item A: Approve Order of Agenda
Chair Gunkelman noted the following agenda items:
-Items 3a, 3b, 3c, and 7 have been continued to the July 7, 2020 Planning Commission meeting.

Member Schneider 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 May 5, 2020
Member Morgan moved the minutes of the May 5, 2020 Planning Commission meeting be approved. Second by Member Bachmeier. All Members present voted aye and the motion was declared carried.

Item C: June 2020 Brown Bag Luncheon – no meeting scheduled for June

Item D: Public Hearing Items

Item 1: Tice Addition
Continued hearing on an application requesting a Plat of Tice Addition (Minor Subdivision) a replat of a portion of Lot 6, and all of Lots 11 and 12, Block 4, Harry A. Schnell Addition to the City of Fargo, Cass County, North Dakota. (Located at 714 and 718 19th Avenue South) (Kenneth and Kimberly Anderson): APPROVED
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.

Mr. Kress stated that a virtual neighborhood meeting was held on Thursday, May 21.

Applicant Ken Anderson spoke on behalf of the application.

Board discussion was held regarding the intention of the project, and reasons for the neighborhood opposition received.

Member Bachmeier moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Tice 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 Stofferahn. On call of the roll Members Holtz, Morgan, Bachmeier, Stofferahn, Rosenberg, Schneider, and Gunkelman voted aye. Absent and not voting: Members Scherling, Tasa, and Sobolik. The motion was declared carried.

Item 2: Richard 3rd Subdivision
Continued hearing on an application requesting a Conditional Use Permit to allow for a Telecommunication Support Structure (TSS) 199 feet in height in the GC, General Commercial zoning district on Lot 2, Block 2, Richard 3rd Subdivision. (Located at 6120 53rd Avenue South) (Magnum Properties/Scott Jones): APPROVED
Assistant Planner Maggie Squyer presented the staff report stating all approval criteria have been met and staff is recommending approval.

Member Morgan moved the findings and recommendations of staff be accepted and the Conditional Use Permit be approved to allow for a 199-foot tall Telecommunications Support System (TSS) tower in the GC, General Commercial zoning district as outlined within the staff report, as the proposal complies with Section 20-0909.D (1-6) of the Land Development Code, and all other applicable requirements of the Land Development Code with the following conditions:

1) The base of the Telecommunications Support System (TSS) must be enclosed by an opaque fence of wall of at least 6 feet in height and of a character necessary to provide adequate visual screening and to limit access to the TSS.

2) Upon completing construction of the proposed 199-foot tall TSS, the property owner will have 60 days to remove the remaining 80-foot tower from 5702 52nd Avenue South.

3) The Conditional Use Permit will cease if the land use changes from office (radio station).

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

Item 3: Touchmark Addition
3a. Continued hearing on an application requesting a PUD, Planned Unit Development Master Land Use Plan within the boundaries of the proposed Touchmark Addition. (Located at 1201 35th Avenue South and 1200 Harwood Drive South) (Touchmark LLC/Waterford at Harwood Groves LLC): CONTINUED TO JULY 7, 2020

3b. Continued hearing on an application requesting a Zoning Change from AG, Agricultural and MR-3, Multi-Dwelling Residential with a PUD, Planning Unit Development to MR-3 with a PUD, Planned Unit Development on the proposed Touchmark Addition. (Located at 1201 35th Avenue South and 1200 Harwood Drive South) (Touchmark LLC/Waterford at Harwood Groves LLC): CONTINUED TO JULY 7, 2020

3c. Continued hearing on an application requesting a Plat of Touchmark Addition (Minor Subdivision) an unplatted portion of the Section 25, Township 139 North, Range 49 West and Lots 1, 15, and 16, Block 1, Replat of Waterford Addition, of the Fifth Principal Meridian, Cass County, North Dakota. (Located at 1201 35th Avenue South and 1200 Harwood Drive South) (Touchmark LLC/Waterford at Harwood Groves LLC): CONTINUED TO JULY 7, 2020

Item 4: Edition Third Addition
4a. Hearing on an application requesting Zoning Change from MR-3, Multi-Dwelling Residential to LC, Limited Commercial on the proposed Edition Third Addition. (Located at 4803 and 4809 38th Street South) (Edition Partners, LLP/Houston Engineering): APPROVED

4b. Hearing on an application requesting a Plat of Edition Third Addition (Minor Subdivision) a replat of part of Lot 1, and all of Lot 2, Block 1, Edition Second Addition to the City of Fargo, Cass County, North Dakota. (Located at 4803 and 4809 38th Street South) (Edition Partners, LLP/Houston Engineering): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.

Member Holtz 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) Subdivision Plat Edition Third Addition as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the 2003 Southwest Future Land Use Plan, 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 Bachmeier. On call of the roll Members Holtz, Stofferahn, Rosenberg, Morgan, Bachmeier, Schneider, and Gunkelman voted aye. Absent and not voting: Members Sobolik, Scherling, and Tasa. The motion was declared carried.

Item 5: Sanford South Campus Addition
5a. Hearing on an application requesting a Zoning Change from SR-2, Single-Dwelling Residential and GC, General Commercial with a C-O, Conditional Overlay to GC, General Commercial with a C-O, Conditional Overlay on the proposed Sanford South Campus Addition. (Located at 1720 University Drive South and 1701, 1719, 1723, 1727, 1731, 1735, 1739, 1743, and 1747 11th Street South) (Sanford Medical Center/Cory Bischoff/Meritcare Hospital): APPROVED

5b. Hearing on an application requesting a Plat of Sanford South Campus Addition (Minor Subdivision) a replat of Lots 1-12, Block 7, and portion of Block 8, Fargo Investment Company First Addition to the City of Fargo, Cass County, North Dakota. (Located at 1720 University Drive South and 1701, 1719, 1723, 1727, 1731, 1735, 1739, 1743, and 1747 11th Street South) (Sanford Medical Center/Cory Bischoff/Meritcare Hospital): APPROVED
Planning Coordinator Aaron Nelson presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted that an updated plat was emailed to Board members on June 1.

Mr. Nelson stated that a virtual neighborhood meeting was held on May 26.

Discussion was held regarding the current parking restrictions on 11th Street South, the current parking lots, and the status of the currently zoned residential lots and their acquisitions.

David Meiers, 1710 11th Street South, spoke regarding the application. He noted that he is in favor of the current parking restrictions to continue on 11th Street South.

Applicant representative Phil Siek, spoke on behalf of the application.

Discussion continued regarding access points off 11th Street South.

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 SR-2, Single-Dwelling Residential and GC, General Commercial with a C-O, Conditional Overlay to GC, General Commercial with a C-O, Conditional Overlay, and 2) Subdivision Plat Sanford South Campus 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) 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, Morgan, Rosenberg, Schneider, Holtz, Stofferahn, and Gunkelman voted aye. Absent and not voting: Members Scherling, Tasa, and Sobolik. The motion was declared carried.

Item 6: Craigs Oak Grove Second Addition
6a. Hearing on an application requesting a Zoning Change from MR-2, Multi-Dwelling Residential and DMU, Downtown Mixed-Use, to MR-2, Multi-Dwelling Residential and DMU, Downtown Mixed-Use and a request to repeal the existing PUD, Planned Unit Development overlay on the proposed Craigs Oak Grove Second Addition. (Located at 505, 509, and 515 Oak Street and 2, 6, and 10 6th Avenue North) (Jesse Craig/Enclave Development): APPROVED

6b. Hearing on an application requesting a Plat of Craigs Oak Grove Second Addition (Minor Subdivision) a replat of Lot 1, Block 1, Craigs Oak Grove Addition, a vacated portion of Elm Street, vacated portion of 5th Avenue North, vacated alley, and a portion of Lots 5, 6, and 7, Block 28, Keeney and Devitts 2nd Addition to the City of Fargo, Cass County, North Dakota. (Located at 505, 509, and 515 Oak Street and 2, 6, and 10 6th Avenue North) (Jesse Craig/Enclave Development): APPROVED
Mr. Nelson presented the staff report stating all approval criteria have been met and staff is recommending approval. An updated plat was emailed to Board members on June 1.

He noted this item was heard by the Planning Commission on September 3, 2019 and approval was recommended to the City Commission. However, details of the design have now changed and the applicant is partnering with Enclave Development, so the application is back before the Planning Commission for an additional hearing.

Mr. Nelson stated that a virtual neighborhood meeting was held on May 27.

Discussion was held reviewing revisions that were made to the application, neighborhood traffic, and parking concerns.

Tim Gleason, Enclave Development, spoke on behalf of the application.

City Engineer Brenda Derrig spoke on behalf of the Engineering department and noted that traffic concerns can be brought up to the City Traffic tech group.

Austin Morris, Enclave Development, spoke on behalf of the application.

Ms. Derrig noted that with the expansion of the DMU, Downtown Mixed-Use zoning district, the storm water retention requirements would still be in place.

Applicant Jesse Craig spoke on behalf of the application, and stated his intent to continue conversation on the storm water issue with City Engineering.

Member Rosenberg moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Zoning Change from DMU, Downtown Mixed-Use, and MR-2, Multi-Dwelling Residential with a PUD, Planned Unit Development overlay, to DMU, Downtown Mixed-Use Development and MR-2, Multi-Dwelling Residential, and the repeal the existing PUD, Planned Unit Development overlay, and 2) Subdivision Plat Craigs Oak Grove Second Addition 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) 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 Rosenberg, Holtz, Morgan, Schneider, Stofferahn, Bachmeier, and Gunkelman voted aye. Absent and not voting: Members Scherling, Sobolik, and Tasa. The motion was declared carried.

At 4:12 p.m., the Board took a five-minute recess.

After recess: All Members present except Members Sobolik, Scherling, and Tasa.

Item 7: Austin’s Subdivision
Hearing on an application requesting a Conditional Use Permit to allow an Alternative Access Plan on a portion of Lot 1, Block 2, Austin’s Subdivision. (Located at 5451 53rd Street South) (Hockey 52, LLC/Century Builders, LLC): CONTINUED TO JULY 7, 2020

Item 8: Boulger First Addition
8a. Hearing on an application requesting a Zoning Change from MR-3, Multi-Dwelling Residential and GC, General Commercial to GC, General Commercial on a portion of the proposed Boulger First Addition. (Located at 113 and 123 10th Street South; 1013, 1015, and 1019 2nd Avenue South) (Bba LLC/Boulger Funeral Home Inc./Houston Engineering): APPROVED

8b. Hearing on an application requesting a Plat of Boulger First Addition (Minor Subdivision) a replat of Lots 8-12, Block 15, Original Townsite to the City of Fargo, Cass County, North Dakota. (Located at 113 and 123 10th Street South; 1013, 1015, and 1019 2nd Avenue South) (Bba LLC/Boulger Funeral Home Inc./Houston Engineering): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.

Discussion was held regarding greenspace requirements.

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-3, Multi-Dwelling Residential and GC, General Commercial to GC, General Commercial and 2) Subdivision Plat Boulger First Addition 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) 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 Stofferahn, Schneider, Rosenberg, Morgan, Holtz, Bachmeier, and Gunkelman voted aye. Absent and not voting: Members Tasa, Scherling, Sobolik. The motion was declared carried.

Item 9: South Forty at Osgood Third Addition
Hearing on an application requesting a Plat of South Forty at Osgood Third Addition (Minor Subdivision) a replat of Lot 6, Block 3, South Forty at Osgood Second Addition to the City of Fargo, Cass County, North Dakota. (Located at 5012-5076 53rd Street South and 5044-5256 50th Avenue South) (Linn Grove Centre, LLC/Enclave Development): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.

Member Rosenberg absent.

Member Stofferahn moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat South Forty at Osgood Third Addition as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the 2003 Southwest Future Land Use 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 Bachmeier. On call of the roll Members Morgan, Holtz, Stofferahn, Bachmeier, Schneider, and Gunkelman voted aye. Absent and not voting: Members Rosenberg, Sobolik, Scherling, and Tasa. The motion was declared carried.

Member Rosenberg present.

Item 10: West Park Fourth Addition
Hearing on an application requesting a Plat of West Park Fourth Addition (Minor Subdivision) a replat of Lot 2 and part of Lot 8, Block 4, West Park Second Subdivision to the City of Fargo, Cass County, North Dakota. (Located at 233 41st Street South and 260 42nd Street South) (Minda LLC/Interstate Engineering): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.

Member Bachmeier moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat West Park Fourth Addition as outlined with in the staff report, as the proposal complies with the GO2030 Fargo Comprehensive 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 Morgan. On call of the roll Members Schneider, Morgan, Rosenberg, Bachmeier, Stofferahn, Holtz, and Gunkelman voted aye. Absent and not voting: Members Sobolik, Scherling, and Tasa. The motion was declared carried.

Item 11: Truesdell’s Addition
Hearing on an application requesting a Zoning Change from SR-3, Single-Dwelling Residential to SR-4, Single-Dwelling Residential on Lots 11-14, Block 6, Truesdell’s Addition. (Located at 814, 818, and 822 Oak Street North) (Arcadia Park View, LLC/Larry Carcoana): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.

Applicant Larry Carcoana spoke on behalf of the application.

Member Schneider moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Zoning Change from SR-3, Single-Dwelling Residential to SR-4, Single-Dwelling Residential as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive 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 Morgan. On call of the roll Members Schneider, Holtz, Stofferahn, Morgan, Bachmeier, Rosenberg, and Gunkelman voted aye. Absent and not voting: Members Sobolik, Tasa, and Scherling. The motion was declared carried.

Item E: Other Items:
Item 1: Annexation of approximately 35.44 acres of a portion of the North Half of the South Half of the Southeast Quarter of Section 11, Township 138 North, Range 49 West of the Fifth Principal Meridian, Cass County, North Dakota. (Sitka Investments, LLC /Jon Youness): 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 the Planning Commission find that the proposed annexation of approximately 35.44 acres of a portion of the North Half of the South Half of the Southeast Quarter of Section 11, Township 138 North, Range 49 West of the Fifth Principal Meridian, Cass County, North Dakota to be consistent with the 2007 Growth Plan. Second by Member Rosenberg. On call of the roll Members Schneider, Bachmeier, Rosenberg, Holtz, Stofferahn, Morgan, and Gunkelman voted aye. Absent and not voting: Members, Sobolik, Tasa, and Scherling. The motion was declared carried.

Planning and Development Assistant Director Mark Williams acknowledged Planning Department staff for their behind the scenes work that helps to make these meetings run smoothly. He noted that three virtual neighborhood meetings were put together and held for this meeting alone.

Chair Gunkelman also extended thanks to the technical staff for their work with the virtual meeting.

The time at adjournment was 4:48 p.m.