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Planning Commission - June 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., Thursday, June 3, 2021.

The Planning Commissioners present or absent were as follows:

Present: John Gunkelman, Mary Scherling, Rocky Schneider, Scott Stofferahn, Maranda Tasa, Jennifer Holtz, Dawn Morgan, Art Rosenberg

Chair Gunkelman called the meeting to order.

Business Items:
Item A: Approve Order of Agenda
Chair Gunkelman noted Item 1 has been continued to September 9, 2021, and Item 2 has been continued to July 6, 2021.

Member Scherling moved the Order of Agenda be approved as presented. Second by Member Stofferahn. All Members present voted aye and the motion was declared carried.

Chair Gunkelman shared that this is the last Planning Commission meeting for Assistant Planner Maggie Squyer and thanked her for her good work.

Item B: Minutes: Regular Meeting of May 4, 2021
Member Stofferahn moved the minutes of the May 4, 2021 Planning Commission meeting be approved. Second by Member Tasa. All Members present voted aye and the motion was declared carried.

Item C: June 16, 2021 Brown Bag Luncheon: Cancelled

Item D: Public Hearing Items:
Item 1: 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 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) (Brian Kounovsky/ LTC Mustang, LLC): CONTINUED TO JULY 6, 2021

Item 3: Urban Plains by Brandt Third Addition
Hearing on an application requesting a Conditional Use Permit to allow off- premise advertising on Lot 1, Block 1, Urban Plains by Brandt Third Addition. (Located at 5616 26th Avenue South) (Uptown & Main, LLC/Jon Kram): DENIED
Planner Kylie Bagley presented the staff report stating all approval criteria have not been met and staff is recommending denial. She noted an additional document was submitted to the Board.

Discussion was held on human scale sizing and the history of the current signs in the Urban Plains development.

Applicant Mark Foss spoke on behalf of the application.

Discussion continued on advertising content, and sign standards.

Member Morgan moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow off-premise advertising be denied as outlined within the staff report, as the proposal does not comply with Section 20-0909.D (1-4) of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Scherling. On call of the roll Members Schneider, Stofferahn, Rosenberg, Holtz, Scherling, Tasa, Morgan, and Gunkelman voted aye. The motion was declared carried.

Item 4: Craigs Oak Grove Second Addition
Hearing an application requesting a Zoning Change from MR-2, Multi-Dwelling Residential to DMU, Downtown Mixed-Use with a C-O, Conditional Overlay, on Lot 1, Block 1, Craigs Oak Grove Second Addition. (Located at 515 Oak Street North) (Craig Development, LLC/Oak Grove River Lofts): APPROVED
Planning Coordinator Aaron Nelson presented the staff report stating all approval criteria have been met and staff is recommending approval.

Discussion was held on the Conditional Overlay, and the boundaries of the Downtown Mixed-Use (DMU) zoning district.

Applicant Representative Jordan Craig spoke on behalf of the application.

Member Rosenberg 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 DMU, Downtown Mixed-Use with a C-O, Conditional Overlay 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 Schneider. On call of the roll Members Stofferahn, Rosenberg, Tasa, Morgan, Scherling, Schneider, and Gunkelman voted aye. Member Holtz voted nay. The motion was declared carried.

Item 5: Meadow View Addition
5a. Hearing on an application requesting a Zoning Change from SR-4, Single Dwelling Residential and P/I, Public and Institutional to SR-4, Single Dwelling Residential and P/I, Public and Institutional within the boundaries of the proposed Meadow View Addition. (Located at 1402-1493 66th Avenue South; 1406-1494 67th Avenue South; 1450-1497 68th Avenue South; 1402-1498 69th Avenue South; 6614-6985 14th Street South) (Thomsen Properties, LLC/EagleRidge Development, LLC): APPROVED

5b. Hearing on an application requesting a Plat of Meadow View Addition (Major Subdivision) a replat of Lots 1-44, Block 2; Lots 1-45, Block 4; Lots 1-21, Block 5; Lots 1-22, Block 8; Lots 1-32, Block 9 of Bison Meadows Second Addition to the City of Fargo, Cass County, North Dakota. (Located at 1402-1493 66th Avenue South; 1406-1494 67th Avenue South; 1450-1497 68th Avenue South; 1402-1498 69th Avenue South; 6600-6985 14th Street South) (Thomsen Properties, LLC/EagleRidge Development, 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 May 26, 2021.

Applicant Jim Bullis spoke on behalf of the application.

Discussion was held on the reason for the changes, the park land, and the new layout to allow more access in and out of the neighborhood.

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 SR-4, Single-Dwelling Residential and P/I, Public and Institutional to SR-4, Single-Dwelling Residential and P/I, Public and Institutional, and 2) Subdivision Plat Meadow View Addition as outlined within the staff report, as the proposal complies with the 2007 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 Holtz. On call of the roll Members Tasa, Morgan, Schneider, Stofferahn, Holtz, Scherling, Rosenberg, and Gunkelman voted aye. The motion was declared carried.

Item 6: Radio Addition
Hearing on an application requesting a Plat of Radio Addition (Major Subdivision) a plat of part of the Northeast Quarter of Section 5, Township 138 North, Range 49 West of the Fifth Principal Meridian to the City of Fargo, Cass County, North Dakota. (Located at 5702 52nd Avenue South) (Four Horseman, LLC/Nate Vollmuth): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.

Applicant Nate Vollmuth spoke on behalf of the application.

Discussion was held on the private access to some of the lots, and bike path connectivity.

Member Stofferahn moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Radio Addition as outlined within the staff report, as the proposal complies with the 2007 Growth 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 Schneider. On call of the roll Members Holtz, Scherling, Morgan, Schneider, Stofferahn, Tasa, Rosenberg, and Gunkelman voted aye. The motion was declared carried.

Item 7: Delta Delta Delta Addition
Hearing on an application requesting a Conditional Use Permit to allow an Alternative Access Plan for a parking reduction on Lot 1, Block 1, Delta Delta Delta Addition. (Located at 1313, 1315, and 1335 University Drive North) (Delta Delta Delta NHC – Epsilon Omicron (NDSU), LLC/Andrew Thill – Lowry Engineering):
Ms. Bagley presented the staff report stating all approval criteria have been met and staff is recommending approval. She noted an additional document was submitted to the Board.

Discussion was held on the conditions, student cost of parking, the parking study, and neighborhood parking concerns.

Applicant Andrew Thill, Lowry Engineering, spoke on behalf of the application.

Member Tasa moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow an Alternative Access Plan for a parking reduction be approved 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 Conditional Use Permit will cease if the land use changes from group living.

2) 14 parking stalls are required on-site.

3) Bicycle parking facilities, such as bike racks or bike lockers, shall be provided on-site.

4) Continue to provide additional parking spaces off-site from North Dakota State University (NDSU) in order to meet the parking requirements of the Land Development Code.

Second by Member Schneider. On call of the roll Members Rosenberg, Tasa, Holtz, Morgan, Stofferahn, Schneider, Scherling, and Gunkelman voted aye. The motion was declared carried.

Planning and Development Assistant Director Mark Williams introduced new Assistant Planner Adam Martin to the Board.

Item E: Other Items:
__Item 1: Discussion on an upcoming Growth Plan Amendment on parts of Section 3, 4, 10, 15 and 16, and all of Section 9, Township 138 North, Range 49 West. __
Mr. Nelson shared on overview of the storm water master plan for the southwest area of the City. He noted an application will tentatively be coming before the Planning Commission in July, and a stakeholder meeting and open house meeting will be held in June.

City Engineer Brenda Derrig spoke on behalf of the Engineering Department.

Discussion was held on the proposed amenities and recreational opportunities for the proposed pond, storm water retention requirements, and trail connectivity.

Item 2: Election of Chair/Vice Chair
Chair Gunkleman noted that this would be his last meeting serving as Chair.

Member Stofferahn shared that the nominating committee is recommending Member Tasa to serve as Vice Chair, and Member Schneider to serve as Chair of the Planning Commission.

Member Stofferahn moved to appoint Member Tasa as Vice Chair. Second By Member Rosenberg. All Members present voted aye and the motion was declared carried.

Member Stofferahn moved to appoint Member Schneider as Chair. Second by Member Scherling. All Members present voted aye and the motion was declared carried.

Member Rosenberg moved to adjourn the meeting. Second by Member Scherling. All Members present voted aye and the motion was declared carried.

The time at adjournment was 4:22 p.m.