Planning Commission - August 3, 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, August 3, 2021.
The Planning Commissioners present or absent were as follows:
Present: John Gunkelman, Rocky Schneider, Scott Stofferahn, Maranda Tasa, Jennifer Holtz, Dawn Morgan, Art Rosenberg
Chair Schneider called the meeting to order.
Business Items
Item A: Approve Order of Agenda
Member Stofferahn moved the Order of Agenda be approved as presented. Second by Member Gunkelman. All Members present voted aye and the motion was declared carried.
Chair Schneider noted the September meeting will be held on Thursday, September 9 due to Labor Day, and Items 1 and 2 have been continued to September 9, 2021.
Item B: Minutes: Regular Meeting of July 6, 2021
Member Stofferahn moved the minutes of the July 6, 2021 Planning Commission meeting be approved. Second by Member Holtz. All Members present voted aye and the motion was declared carried.
Item C: August 18, 2021 Brown Bag Luncheon: CANCELLED
Item D: Public Hearing Items
Item 1: Dakota Air Parts Addition
Continued hearing on an application requesting a Plat of Dakota Air Parts Addition (Major Subdivision) a replat of Lots 1-3, Block 1, DDK Addition to the City of Fargo, Cass County, North Dakota. (Located at 3910 and 4020 25th Street North; 2505 39 ½ Avenue North) (MACO Leasing, Inc./Nate Vollmuth): CONTINUED TO SEPTEMBER 9, 2021
A hearing had been set for July 6, 2021. At the July 6, 2021 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to September 9, 2021.
Item 2: Valley View Eighth Addition
Continued hearing on an application requesting a Conditional Use Permit to allow residential living in the GC, General Commercial zoning district on Lot 4, Block 1, Valley View Eighth Addition. (Located on 5652 36th Avenue South) (LTC Mustang, LLC/Brian Kounovsky): CONTINUED TO SEPTEMBER 9, 2021
A Hearing had been set for May 4, 2021. At the May 4, 2021 meeting, the Hearing was continued to June 3, 2021. At the June 3, 2021 meeting, the Hearing was continued to this July 6, 2021. At the July 6, 2021 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to September 9, 2021.
Item 3: First Community Addition
Hearing on an application requesting a Plat of First Community Addition (Minor Subdivision) a replat of Lots 1- 2, Block 1, Western State Bank Addition to the City of Fargo, Cass County, North Dakota. (Located at 5201 42nd Street South and 4211 53rd Avenue South) (First Community Credit Union/Houston Engineering, Inc.): APPROVED
Planner Kylie Bagley 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 First Community 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 Rosenberg. On call of the roll Members Stofferahn, Rosenberg, Holtz, Gunkelman, Tasa, Morgan, and Schneider voted aye. The motion was declared carried.
Item 4: Amber Valley West Sixth Addition
4a. Hearing on an application requesting a Zoning Change from LC, Limited Commercial with a C-O, Conditional Overlay to LC, Limited Commercial with a C-O, Conditional Overlay and MR-3, Multi-Dwelling Residential within the boundaries of the proposed Amber Valley West Sixth Addition. (Located at 5675 26th Avenue South and 2501 55th Street South) (Amber Valley West Investment, LLC and Galleria on Veterans, LLC/Christianson Companies and Lowry Engineering): APPROVED
4b. Hearing on an application requesting a Plat of Amber Valley West Sixth Addition (Minor Subdivision) a replat of Lots 1 and 2, Block 1, Amber Valley West First Addition and Lot 2, Block 1, Amber Valley West Fifth Addition to the City of Fargo, Cass County, North Dakota. (Located at 5675 26th Avenue South and 2501 55th Street South) (Amber Valley West Investment, LLC and Galleria on Veterans, LLC/Christianson Companies and Lowry Engineering): APPROVED
4c. Hearing on an application requesting a Conditional Use Permit to allow for an Alternative Access Plan on Lot 2, Block 1, of the proposed Amber Valley West Sixth Addition. (Located at 2501 55th Street South) (Amber Valley West Investment, LLC and Galleria on Veterans, LLC/Christianson Companies and Lowry Engineering): APPROVED
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant representative Joe Moosbrugger 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 LC, Limited Commercial with a C-O, Conditional Overlay, to LC, Limited Commercial with a C-O, Conditional Overlay and MR-3, Multi-Dwelling Residential, 2) Subdivision Plat Amber Valley West Sixth Addition as outlined within the staff report, as the proposal complies with the Southwest Area 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, and to approve 3) the Conditional Use Permit to allow an Alternative Access Plan for parking reduction for Lot 2, Block 1, of the proposed Amber Valley West Sixth Addition 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) A minimum of 88 parking stalls to be provided on site.
2) Bicycle parking facilities, such as bike racks or bike lockers, shall be provided on-site.
3) The Conditional Use Permit will cease if the land use changes from a senior residence.
4) Expansion of any proposed or existing use will trigger a reevaluation of off-street parking requirements on site.
Second by Member Stofferahn. On call of the roll Members Tasa, Gunkelman, Stofferahn, Holtz, Rosenberg, Morgan, Schneider voted aye. The motion was declared carried.
Item 5: Asleson Farms Fourth Addition
Hearing on an application requesting a Zoning Change from MR-2, Multi-Dwelling Residential to LC, Limited Commercial on Lot 2, Block 1, Asleson Farms Fourth Addition. (Located at 3523 41st Street South) (JNB Properties, LLC/Nick Dietrich): APPROVED
Assistant Planner Adam Martin presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Nick Dietrich spoke on behalf of the application.
Discussion was held on the condition of the property.
Member Gunkelman moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Zoning Change from MR-2, Multi-Dwelling Residential, to LC, Limited Commercial, as outlined within the staff report as the proposal complies with the GO2030 Fargo Comprehensive Plan, the 2003 Southwest Growth Plan, the Standards of Article 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 Morgan, Tasa, Gunkelman, Holtz, Stofferahn, Rosenberg, and Schneider voted aye. The motion was declared carried.
Item 6: Goodman’s Addition
Hearing on an application requesting a Conditional Use Permit to allow Industrial Uses in the GC, General Commercial zoning district on Lot 9, Goodman’s Addition. (Located at 3241 Main Avenue – Unit C) (Goodman LLLP/Overloaded Laundry): APPROVED
Mr. Martin presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicants Jason Hearn and Chris McKercher spoke on behalf of the application.
Discussion was held on the services provided.
Member Tasa moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow Industrial Service uses in the GC, General Commercial zoning district be approved, as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, Section 20-0909.D (1-6) of the Land Development Code, and all other applicable requirements of the Land Development Code, with the follow conditions:
1) The property shall not be used in whole or in part for storage of rubbish or debris of any kind whatsoever nor for the storage of any property or items that will cause such lot to appear untidy, unclean or unsightly as determined by the Zoning Administrator; nor shall any substance, item or material be kept on any lot that will emit foul odors, including compost sites and fertilizer. All garbage containers, including dumpsters, shall be concealed from public view by fence, screen wall or building extension.
2) No outdoor storage of equipment or supplies.
3) Off-street parking, loading, and vehicular circulation areas (including circulation areas internal to storage yards) shall have and maintain an all-weather surface, as defined by the LDC.
4) The manufacturing, production, or processing of food and/or animal products shall not be permitted.
5) The manufacturing, production, or processing of hazardous chemicals or materials shall not be permitted.
6) Any expansion of the Industrial Service use shall require an amendment to the Conditional Use Permit with review and approval by the Planning Commission.
7) The Conditional Use Permit shall terminate if the Industrial Service use cease for a period of more than 12 consecutive months.
Second by Member Rosenberg. On call of the roll Members Rosenberg, Gunkelman, Holtz, Morgan, Stofferahn, Tasa, Schneider voted aye. The motion was declared carried.
Item E: Other Items
Item 1: Review Rules of Internal Procedure and Operations of the City of Fargo Planning Commission
Chair Schneider noted the Rules of Internal Procedure and Operations of the City of Fargo Planning Commission need to be updated to reflect the new address of City Hall, and it is good practice for the Board to reaffirm these rules.
Member Stofferahn moved to approve the Rules of Internal Procedure and Operations of the City of Fargo Planning Commission as presented, and to update the address of City Hall to 225 Fourth Street North. Second by Member Rosenberg. All Members present voted aye and the motion was declared carried.
Member Rosenberg moved to adjourn the meeting. Second by Member Gunkelman. All Members present voted aye and the motion was declared carried.
The time at adjournment was 3:26 p.m.