Planning Commission - April 6, 2021 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 6, 2021.
The Planning Commissioners present or absent were as follows:
Present: John Gunkelman, Rocky Schneider, Scott Stofferahn, Jennifer Holtz, Dawn Morgan, Art Rosenberg
Absent: Mary Scherling, Maranda Tasa, Melissa Sobolik
Chair Gunkelman called the meeting to order.
Business Items
Item A: Approve Order of Agenda
Chair Gunkelman noted Item 1 has been withdrawn, Items 3a and 3b have been continued to May 4, 2021, and Item 4 has been continued to June 3, 2021.
Member Schneider moved the Order of Agenda be approved as presented. Second by Member Morgan. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of March 2, 2021
Member Stofferahn moved the minutes of the March 2, 2021 Planning Commission meeting be approved. Second by Member Schneider. All Members present voted aye and the motion was declared carried.
Item C: April 21, 2021 Brown Bag Luncheon: CANCELLED
Item D: Public Hearing Items
Member Rosenberg present.
Item 1: Section 5, Township 138 North, Range 49 West
Continued hearing on an application requesting a Growth Plan Amendment on an unplatted portion of Section 5, Township 138 North, Range 49 West. (Located at 5702 52nd Avenue South) (Four Horsemen, LLC/Nate Vollmuth): WITHDRAWN
A Hearing had been set for November 3, 2020. At the November 3, 2020 meeting, the Hearing was continued to December 1, 2020. At the December 1, 2020 meeting, the Hearing was continued to January 5, 2021. At the January 5, 2021 meeting, the Hearing was continued to February 2, 2021. At the February 2, 2021 meeting, the Hearing was continued to March 2, 2021. At the March 2, 2021 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be withdrawn.
Item 2: Brewhalla Addition
Continued hearing an application requesting a Planned Unit Development Master Land Use Plan and Final Plan within the boundaries of the proposed Brewhalla Addition. (Located at 1612, 1620, 1624, 1630, 1632, 1666, and 1702 1st Avenue North) (MBA Investments, LLC): APPROVED
A Hearing had been set for February 2, 2021. At the February 2, 2021 meeting, the Hearing was continued to March 2, 2021. At the March 2, 2021 meeting, the Hearing was continued to this date and time.
Planning Coordinator Maegin Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on railroad proximity, and the reach of the whistle-free zone.
Fire Marshall Ryan Erickson spoke on behalf of the Fire Department.
City Engineer Brenda Derrig spoke on behalf of the Engineering Department.
Applicant Mark Bjornstad, Drekker Brewing, 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 PUD, Planned Unit Development Master Land Use Plan and to hereby approve the PUD, Planned Unit Development Final Plan, contingent on the City Commission approval of the Zoning Change and PUD, Planned Unit Development Master Land Use Plan as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, Section 20-0906.F(1-4) and Section 20-0908.B(7) 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 Schneider, Holtz, Stofferahn, Morgan, Rosenberg, and Gunkelman voted aye. Absent and not voting: Members Sobolik, Scherling, and Tasa. The motion was declared carried.
Item 3: EOLA Addition
3a. Continued hearing on an application requesting a Zoning Change from GC, General Commercial with a C-O, Conditional Overlay to GC, General Commercial with a PUD, Planned Unit Development Overlay and a request to repeal the C-O, Conditional Overlay within the boundaries of the proposed EOLA Addition. (Located at 2500 45th Street South) (EOLA Landholdings, LLC/EPIC Companies): CONTINUED TO MAY 4, 2021
3b. Continued hearing on an application requesting a Planned Unit Development Master Land Use Plan within the boundaries of the proposed EOLA Addition. (Located at 2500 45th Street South) (EOLA Landholdings, LLC/EPIC Companies): CONTINUED TO MAY 4, 2021
A Hearing had been set for March 2, 2021. At the March 2, 2021 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to May 4, 2021.
Item 4: Rowe’s Addition
Continued hearing on an application requesting a Zoning Change from MR-2, Multi-Dwelling Residential to NO, Neighborhood Office on Lot 1, Block 1, Rowe’s Addition. (Located at 619 University Drive South) (Bradley and Lisa Johnson): CONTINUED TO JUNE 3, 2021
A Hearing had been set for March 2, 2021. At the March 2, 2021 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to June 3, 2021.
Item 5: Peterson Addition
Hearing on an application requesting a Plat of Peterson Addition (Minor Subdivision) a replat of part of Lots 1-5, Block 2, Schultz & Lindsay’s First Addition to the City of Fargo, Cass County, North Dakota. (Located at 302 29th Street North) (Michael D. Peterson): APPROVED
Planning Coordinator Aaron Nelson 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 approval be recommended to the City Commission of the proposed Subdivision Plat Peterson 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 Holtz. On call of the roll Members Stofferahn, Morgan, Schneider, Holtz, Rosenberg, and Gunkelman voted aye. Absent and not voting: Members Scherling, Tasa, and Sobolik. The motion was declared carried.
Item 6: Valley View Estates Second Addition
6a. Hearing on an application requesting a Zoning Change from SR-4, Single-Dwelling Residential, MR-1, Multi-Dwelling Residential, and MR-2, Multi-Dwelling Residential with a C-O, Conditional Overlay to SR-4, Single-Dwelling Residential, SR-5, Single-Dwelling Residential, MR-1, Multi-Dwelling Residential, and P/I, Public and Institutional within the proposed Valley View Estates Second Addition. (Located at 3604 through 3731 50th Street South) (K Square Developers, LLC): APPROVED
6b. Hearing on an application requesting a Plat of Valley View Estates Second Addition (Major Subdivision) a replat of Lots 31-50, Block 3, Lots 1-14, Block 7, and a vacation of a portion of 50th Street South, Valley View Estates Addition to the City of Fargo, Cass County, North Dakota. (Located at 3604 through 3731 50th Street South) (K Square Developers, LLC): APPROVED
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted a virtual neighborhood meeting was held on March 30, 2021.
Mr. Kress stated that although the project was advertised with a P/I, Public and Institutional, zoning district, this proposal does not contain any P/I, Public and Institutional area.
Member Schneider 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-4, Single-Dwelling Residential, MR-1, Multi-Dwelling Residential, and MR-2, Multi-Dwelling Residential with a C-O, Conditional Overlay to SR-4, Single-Dwelling Residential, SR-5, Single-Dwelling Residential, MR-1, Multi-Dwelling Residential, and 2) Subdivision Plat Valley View Estates Second Addition, including a vacation of Right-of-Way as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the 2003 Growth Plan, the Standards of Article 20-06, and Section 20-0906.F(1-4) 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 Rosenberg, Holtz, Morgan, Schneider, Stofferahn, and Gunkelman voted aye. Absent and not voting: Members Scherling, Tasa, and Sobolik. The motion was declared carried.
Item 7: Eagle Valley Fifth Addition
7a. Hearing on an application requesting a Zoning Change from MR-2, Multi-Dwelling Residential and LC, Limited Commercial to LC, Limited Commercial with a C-O, Conditional Overlay, and SR-4, Single-Dwelling Residential on the proposed Eagle Valley Fifth Addition. (Located at 7401 and 7501 23rd Street South) (EagleRidge Development/76th Street Holdings): APPROVED
7b. Hearing on an application requesting a Plat of Eagle Valley Fifth Addition (Major Subdivision) a replat of Lots 1 and 2, Block 7, Eagle Valley Addition to the City of Fargo, Cass County, North Dakota including a vacation of Right-of-Way for 23rd Street South and a subdivision waiver for street alignment. (Located at 7401 and 7501 23rd Street South) (EagleRidge Development/76th Street Holdings): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the proximity of commercial zoning to residential zoning, allowable commercial uses, and neighborhood development.
Planning and Development Director Nicole Crutchfield stated the commercial area would provide support and resources for the neighborhood.
Discussion continued regarding the plan for the other corners of 25th Street and 76th Avenue, and the lack of multi-dwelling residential in the area.
Member Schneider 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-2, Multi-Dwelling Residential, LC, Limited Commercial and to LC, Limited Commercial with a C-O, Conditional Overlay and SR-4, Single-Dwelling Residential, and 2) Subdivision Plat Eagle Valley Fifth Addition, including vacation of Right-of-Way and subdivision waiver for street alignment as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the 2007 Growth Plan, the Standards of Article 20-06, Section 20-0906.F(1-4), and Section 20-0907.D.3(a-c) of the Land Development Code, and all other applicable requirements of the Land Development Code and of the North Dakota Century Code Chapter 40-39. Second by Member Morgan. On call of the roll Members Holtz, Rosenberg, Morgan, Stofferahn, Schneider, and Gunkelman voted aye. Absent and not voting: Members Sobolik, Tasa, and Scherling. The motion was declared carried.
Item 8: Reeves Addition
Hearing on an application requesting a Conditional Use Permit to allow residential living in the GC, General Commercial zoning district on Lots 23-24, Block 18, Reeves Addition. (Located at 1405 1st Avenue North) (Craig Holdings, LLC): APPROVED
Assistant Planner Maggie Squyer presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Jesse Craig spoke on behalf of the application.
Member Morgan moved the findings and recommendations of staff be accepted and the Conditional Use Permit be approved to allow residential living in the GC, General Commercial zoning district on Lots 23 and 24, Block 18, Reeves Addition 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 maximum residential density shall be one dwelling unit.
Second by Member Holtz. On call of the roll Members Stofferahn, Schneider, Rosenberg, Morgan, Holtz, and Gunkelman voted aye. Absent and not voting: Members Scherling, Sobolik, and Tasa. The motion was declared carried.
Item 9: Booth Addition
Hearing on an application requesting a Plat of Booth Addition (Minor Subdivision) a replat of Lots 1-15, Block 25 and vacated 15 ½ Street North and vacated alley in Reeve’s Addition to the City of Fargo, Cass County, North Dakota. (Located at 1532 and 1534 1st Avenue North) (Booth Family Properties, LLC): APPROVED
Planner Kylie Bagley presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the proposed use of the property.
Member Stofferahn moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Booth 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 Morgan. On call of the roll Members Holtz, Stofferahn, Morgan, Schneider, Rosenberg, and Gunkelman voted aye. Absent and not voting: Members Scherling, Tasa, and Sobolik. The motion was declared carried.
Item 10: Sigma Psi Housing Addition
Hearing on an application requesting a Plat of Sigma Psi Housing Addition (Minor Subdivision) a replat of a portion of Lots 1, 2, 7, and 8 and a portion of the vacated alley, Lane’s Subdivision to the City of Fargo, Cass County, North Dakota. (Located at 1261 University Drive North; 1206 and 1210 13th Avenue North) (Sigma Psi Housing, LLC): APPROVED
Ms. Bagley presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the Conditional Use Permit on the property, emergency service access, and the plan for the existing building.
Mr. Erickson spoke on behalf of the Fire Department.
Member Holtz moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Sigma Psi Housing 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 Morgan, Rosenberg, Stofferahn, Holtz, Schneider, and Gunkelman voted aye. Absent and not voting: Members Scherling, Tasa, and Sobolik. The motion was declared carried.
At 3:57 p.m, the Board took a seven-minute recess.
After recess: All Members present except Members Sobolik, Scherling, and Tasa. Chair Gunkelman presiding.
Item 11: Southview Villages Second Addition
Hearing on an application requesting a Plat of Southview Villages Second Addition (Major Subdivision) a replat of Lots 7-18, Block 6B, of a replat of Lots 12-21, Block 7, Lots 1-16, Block 6, and Lots 37-46, Block 6A, Southview Villages Addition and a vacation of a portion of 25th Street South Right-of-Way to the City of Fargo, Cass County, North Dakota. (Located at 1701, 1707, 1713, 1719, 1725, 1731, 1735, 1741, 1747, 1751, 1755, and 1761 Prairie Lane South) (John and Darla Dockter): APPROVED
Mr. 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 properties and the future plan for the fences.
Applicant Representative John Dockter spoke on behalf of the application.
Ms. Derrig spoke on behalf of the Engineering Department.
Planning and Development Assistant Director Mark Williams and Ms. Crutchfield noted this request is for a subdivision plat, and the fences located on the private property are not part of the application review.
Member Stofferahn moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Southview Villages Second Addition, including a vacation of Right-of-Way as outlined within 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, and of the North Dakota Century Code Chapter 40-39. Second by Member Schneider. On call of the roll Members Rosenberg, Holtz, Stofferahn, Morgan, Schneider, and Gunkelman voted aye. Absent and not voting: Members Scherling, Tasa, and Sobolik. The motion was declared carried.
Item 12: L. J. Laffen Addition
Hearing on an application requesting a Plat of L. J. Laffen Addition (Major Subdivision) a plat of a portion of the Northeast Quarter of Section 7, Township 139 North, Range 48 West to the City of Fargo, Cass County, North Dakota. (Located at 417 and 501 Main Avenue) (Lake Agassiz Regional Development Corp./City of Fargo): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Matt Torgerson, JLG Architects, 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 Subdivision Plat L. J. Laffen Addition as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Downtown InFocus 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, Rosenberg, Holtz, Stofferahn, Morgan, and Gunkelman voted aye. Absent and not voting: Members Scherling, Tasa, and Sobolik. The motion was declared carried.
Item 13: Fargo Core Neighborhoods Master Plan
Hearing on a request for recommendation for approval of the Fargo Core Neighborhoods Master Plan: APPROVED
Mr. Nelson presented the staff report stating staff is recommending approval. He noted an email received after the publishing deadline was submitted to the Board, and provided an overview of the project and next steps.
Member Morgan moved to recommend that the City Commission approve and adopt the Fargo Core Neighborhoods Master Plan, for the purpose of guiding City policy in relation to the core neighborhoods. Second by Member Schneider. On call of the roll Members Schneider, Stofferahn, Holtz, Rosenberg, Morgan, and Gunkelman voted aye. Absent and not voting: Members Scherling, Sobolik, and Tasa. The motion was declared carried.
Item E: Other Items
Item 1: Appeal of an Administrative Decision to Approve a Residential Protection Standard (RPS) waiver on the property located at 505 and 509 Oak Street North and 6 and 10 6th Avenue North (Craigs Oak Grove Second Addition): APPROVED
Ms. Squyer presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Representative Austin Morris spoke on behalf of the application.
Member Rosenberg moved the findings and recommendations of staff be accepted the waiver for the Residential Protection Standards be approve as outlined within the staff report, and require the petitioner to meet the dimensional standards of the underlying DMU, Downtown Mixed-Use zoning district, which has no maximum height restriction. Second by Member Schneider. On call of the roll Members Rosenberg, Morgan, Holtz, Schneider, Stofferahn, and Gunkelman voted aye. Absent and not voting: Members Tasa, Scherling, and Sobolik. The motion was declared carried.
Item 2: Land Development Code Diagnostic – Presentation of the Preferred Approach and Work Plan
Mr. Nelson presented the final project update, history of the project, and reviewed the preferred approach and work plan. He noted the next step is presenting the Final Plan materials to the City Commission.
Member Schneider moved to adjourn the meeting. Second by Member Stofferahn. All Members present voted aye and the motion was declared carried.
The time at adjournment was 4:42 p.m.