Planning Commission minutes - March 2, 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, March 2, 2021.
The Planning Commissioners present or absent were as follows:
Present: John Gunkelman, Mary Scherling, Rocky Schneider, Melissa Sobolik, Scott Stofferahn, Maranda Tasa, Dawn Morgan, Art Rosenberg
Absent: Jennifer Holtz
Chair Gunkelman called the meeting to order.
Business Items
Item A: Approve Order of Agenda
Chair Gunkelman noted Items 1 and 6 are continued to April 6, 2021 and that Item 2 has been withdrawn.
Member Tasa moved the Order of Agenda be approved as presented. Second by Member Schneider. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of February 2, 2021
Member Sobolik moved the minutes of the February 2, 2021 Planning Commission meeting be approved. Second by Member Morgan. All Members present voted aye and the motion was declared carried.
Item C: March 17, 2021 Brown Bag Luncheon: Cancelled
Item D: Public Hearing Items
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): CONTINUED TO APRIL 6, 2021
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 this date and time; however, the applicant has requested this item be continued to April 6, 2021.
Item 2: LDC Text Amendment
Continued hearing on an application requesting a LDC Text Amendment to Article 20-09 to create Section 20-0907.E, Vacation of Right of Way. (City of Fargo): WITHDRAWN
A Hearing had been set for December 1, 2020. At the December 1, 2020 meeting, the Hearing was continued 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2, 2021 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be withdrawn.
Item 3: 220 Addition
3a. Continued hearing on an application requesting a Zoning Change from MR-3, Multi-Dwelling Residential to DMU, Downtown Mixed-Use within the boundaries of the proposed 220 Addition. (Located at 214 and 220 6th Avenue North) (Jerry & Jean Pladson): APPROVED
3b. Continued hearing on an application requesting a Plat of 220 Addition (Minor Subdivision) a replat of Lot 8, and part of Lot 9, Block 31, Keeney and Devitts Second Addition, to the City of Fargo, Cass County, North Dakota. (Located at 214 and 220 6th Avenue North) (Jerry & Jean Pladson): APPROVED
A Hearing had been set for February 2, 2021. At the February 2, 2021 meeting, the Hearing was continued to this date and time.
Assistant Planner Maggie Squyer presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held regarding if the property was in a Historic Overlay District. Ms. Squyer confirmed that it was not.
Applicant Representative James Pladson 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 MR-3, Multi-Dwelling Residential to DMU, Downtown Mixed-Use, and 2) Subdivision Plat 220 Addition as outlined within the staff report, as the proposal complies with the Downtown InFocus 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 Scherling. On call of the roll Members Schneider, Sobolik, Stofferahn, Scherling, Tasa, Morgan, and Gunkelman voted aye. Absent and not voting: Members Holtz and Rosenberg. The motion was declared carried.
Item 4: Brewhalla Addition
4a. Continued hearing on an application requesting a Zoning Change from LI, Limited Industrial, GC, General Commercial, and 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 Brewhalla Addition. (Located at 1612, 1620, 1624, 1630, 1632, 1666, and 1702 1st Avenue North) (MBA Investments, LLC): APPROVED
4b. 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): CONTINUED TO APRIL 6, 2021
4c. Continued hearing on an application requesting a Plat of Brewhalla Addition (Minor Subdivision) a replat of Blocks 26 and 27, the vacated “L” Street (16 ½ Street North), the West 25 feet of vacated West Street (16th Street North), and part of the vacated Northern Pacific Avenue, Reeves Addition; replat of part of Lot 5, Milwaukee Addition; plat of Auditor’s Lot No. 1 of the South Half of Section 1, Township 139 North, Range 49 West; and a plat of an unplatted part of the South Half of said Section 1, to the City of Fargo, Cass County, North Dakota. (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 this date and time.
Planning Coordinator Maegin Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Rosenberg present.
Discussion was held regarding the parking lot and the building location being set in the back of the property.
Applicant Representatives Kevin Bartram, MBA Investments, and Mark Bjornstad, Drekker Brewery, spoke on behalf of the application.
Discussion continued regarding walkability from the right-of-way, landscaping, residential parking, and pedestrian circulation.
Planning and Development Assistant Director Mark Williams provided information on motion options for the Application.
Member Schneider moved to approve the Planned Unit Development Master Land Use Plan and direct staff to work further with the applicant on the Planned Unit Development Final Land Use Plan. Second by Member Tasa.
Mr. Bartram asked for further clarification on the motion.
Mr. Williams provided more information on the differences of a Planned Unit Development Master Plan and Planned Unit Development Final Plan.
On call of the roll Members Stofferahn, Tasa, Scherling, and Schneider voted aye. Members Sobolik, Rosenberg, Morgan, and Gunkelman voted nay. The motion failed for lack of majority.
Planning and Development Director Nicole Crutchfield provided direction on Planning Commissions options for this application.
Member Morgan moved to approve the Planned Unit Development Master Land Use Plan and the Subdivision Plat Brewhalla Addition. The motion died for lack of a second.
Member Sobolik moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Brewhalla 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), Section 20-0908.3B (7) 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 Stofferahn, Rosenberg, Scherling, Sobolik, Morgan, Tasa, Schneider, and Gunkelman voted aye. Absent and not voting: Member Holtz. The motion was declared carried.
Member Sobolik moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Zoning Change from LI, Limited Industrial, and GC, General Commercial to GC, General Commercial with a PUD, Planned Unit Development Overlay, contingent on the City Commission approval of the Zoning Change and Planned Unit Development Master Land Use Plan, 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), Section 20-0908.3B (7) 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 Rosenberg, Sobolik, Morgan, Tasa, Stofferahn, Scherling, and Gunkelman voted aye. Member Schneider voted nay. Absent and not voting: Member Holtz. The motion was declared carried.
Member Scherling moved to continue the proposed Planned Unit Development Master Land Use Plan and Planned Unit Development Final Plan to the April 6, 2021 Planning Commission meeting. Second by Member Schneider. On call of the roll Members Morgan, Tasa, Schneider, Scherling, and Stofferahn voted aye. Members Rosenberg, Sobolik, and Gunkelman voted nay. Absent and not voting: Member Holtz. The motion was declared carried.
Item 5: EOLA Addition
5a. 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 APRIL 6, 2021
5b. 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 APRIL 6, 2021
5c. Hearing on an application requesting a Plat of EOLA Addition (Major Subdivision) a replat of Lot 4, Block 1, Anderson Park Second Addition to the City of Fargo, Cass County, North Dakota, including a waiver for a reduced street Right-of-Way. (Located at 2470 and 2500 45th Street South) (EOLA Landholdings, LLC & City of Fargo/EPIC Companies): APPROVED
Ms. Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval of the Subdivision Plat, and for the Zoning Change and Planned Unit Development Master Land Use Plan to be continued to the April 6, 2021 Planning Commission meeting. She noted an updated plat was emailed to Board Members.
Member Morgan moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat EOLA 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, and to continue the Zoning Change and the Planned Unit Development Master Land Use Plan to the April 6, 2021 Planning Commission meeting. Second by Member Stofferahn. On call of the roll Members Stofferahn, Morgan, Tasa, Schneider, Sobolik, Scherling, Rosenberg, and Gunkelman voted aye. Absent and not voting Member Holtz. The motion was declared carried.
Item 6: Rowe’s Addition
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 APRIL 6, 2021
A Hearing had been set for this date and time; however, the applicant has requested this item be continued to April 6, 2021.
Item 7: Rocking Horse East Second Addition
Hearing on an application requesting a Conditional Use Permit to allow manufacturing and production, industrial services, and warehouse and freight movement uses in the GC, General Commercial zoning district on Lot 3, Block 2, Rocking Horse East Second Addition. (Located at 5454, 5458, 5462, 5466, 5470, 5474, 5478, 5482, 5486, 5490, 5494, and 5498 51st Avenue South) (Jerry and Terasina Hintz): APPROVED
Ms. Squyer presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the condition regarding the manufacturing, production, or processing of food and/or animal products not being permitted on site in relation to the proposed tea business.
Assistant Director of Planning and Development Mark Williams noted the proposed use is to re-package something already processed, so the condition can remain.
Member Sobolik moved the findings and recommendations of staff be accepted and the Conditional Use Permit be approved to allow for Warehouse, Manufacturing and Production, and Industrial Services 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 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 an all-weather surface, as defined by the Land Development Code.
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 industrial uses 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 all industrial uses cease for a period of more than 12 consecutive months.
Second by Member Tasa. On call of the roll Members Tasa, Rosenberg, Sobolik, Morgan, Stofferahn, Schneider, Scherling, and Gunkelman voted aye. Absent and not voting: Member Holtz. The motion was declared carried.
Item 8: Urban Plains by Brandt Fifth Addition
Hearing on an application requesting to repeal a Conditional Use Permit to allow residential use in the LC, Limited Commercial zoning district on Lots 1-5, Block 1, Urban Plains by Brandt Fifth Addition and re-establish a Conditional Use Permit to allow residential use in the LC, Limited Commercial zoning district on Lot 1, Block 1, Urban Plains by Brandt Fifth Addition. (Located at 5600 28th Avenue South; 2850, 2901, 2970, and 2975 Uptown Way South) (Uptown and Main V, LLC/Urban Plains Land Co, LLC): APPROVED
Ms. Squyer presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Representative Brain Pattengale, Houston Engineering, spoke on behalf of the application.
Member Sobolik moved the findings and recommendations of staff be accepted and to repeal the existing Conditional Use Permit on Lots 1-5, Block 1, Urban Plains by Brandt Fifth Addition and reestablish a Conditional Use Permit to allow residential use in the LC, Limited Commercial zoning district on Lot 1, Block 1, Urban Plains by Brandt Fifth Addition 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 maximum residential density shall be 34 units per acre.
Second by Member Morgan. On call of the roll Members Tasa, Sobolik, Schneider, Rosenberg, Morgan, Scherling, Stofferahn, and Gunkelman voted aye. Absent and not voting: Member Holtz. The motion was declared carried.
Item 9: Chas A. Roberts Addition
Hearing on an application requesting a Zoning Change from SR-3, Single-Dwelling Residential to NC, Neighborhood Commercial on portions of Lots 1, 23, and 24, Block K, Chas A. Roberts Addition. (Located at 615 9th Avenue South) (Paul and Kathryn Anderson): APPROVED
Ms. Squyer presented the staff report stating all approval criteria have been met and staff is recommending approval.
Resident Anne Moynihan, 809 6th Street South, spoke against the application voicing concerns over increased traffic in the alleyway.
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 SR-3, Single-Dwelling Residential to NC, Neighborhood Commercial as outlined within the staff report, as the proposal complies with the 2007 Growth Plan, the Standards of 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 Morgan, Scherling, Stofferahn, Sobolik, Tasa, Schneider, Rosenberg, and Gunkelman voted aye. Absent and not voting: Member Hotlz. The motion was declared carried.
Member Tasa absent.
Item E: Other Items
Item 1: Review of a proposed Renewal Plan and Tax Increment Financing (TIF) District No. 2021-01 for consistency with the GO2030 Comprehensive Plan.
Director of Strategic Planning and Development Jim Gilmour presented the item, explaining how Tax Increment Financing districts work, and providing an overview of possible redevelopment areas.
Discussion was held on the types of Tax Increment Financing districts, how the revenue flow works, and decision makers on the investments and expenditures.
Member Rosenberg moved to recommend to the City Commission that the proposed Renewal Plan is consistent with the GO2030 Comprehensive Plan of the City of Fargo. Second by Member Morgan. On call of the roll Members Sobolik, Morgan, Schneider, Rosenberg, Stofferahn, Scherling, and Gunkelman voted aye. Absent and not voting: Members Holtz and Tasa. The motion was declared carried.
Chair Gunkelman addressed the Members regarding returning to in-person meetings beginning in April. He noted staff will reach out to Members to determine comfortability with this option.
Member Sobolik moved to adjourn the meeting. Second by Member Schneider. All Members present voted aye and the motion was declared carried.
The time at adjournment was 4:39 p.m.