Planning Commission Minutes - May 4, 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, May 4, 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
Absent: Melissa Sobolik
Chair Gunkelman called the meeting to order.
Business Items
Item A: Approve Order of Agenda
Chair Gunkelman noted Item 3 has been continued to June 3, 2021, and reminded Members that June 3 is a Thursday, instead of the regular Tuesday meeting due to the Memorial Day holiday.
Chair Gunkelman stated an Item E.4 will be added to the agenda relating to a proposed amendment to the Land Development Code.
Member Schneider moved the Order of Agenda be approved as proposed. Second by Member Scherling. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of April 6, 2021
Member Schneider moved the minutes of the April 6, 2021 Planning Commission meeting be approved. Second by Member Scherling. All Members present voted aye and the motion was declared carried.
Member Stofferahn present.
Item C: May 19, 2021 Brown Bag Luncheon: Cancelled
Item D: Public Hearing Items
Item 1: EOLA Addition
1a. 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): APPROVED
1b. 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): APPROVED
A Hearing had been set for March 2, 2021. At the March 2, 2021 meeting, the Hearing was continued to April 6, 2021. At the April 6, 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.
Applicant Blake Nybakken, EPIC Companies, spoke on behalf of the application.
Discussion was held on the setbacks, and proposed uses of the greenspace.
Member Tasa moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Zoning Change from GC, General Commercial with a C-O, Conditional Overlay to GC, General Commercial with a PUD, Planned Unit Development and repeal the existing C-O, Conditional Overlay, and 2) 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 Schneider. On call of the roll Members Holtz, Scherling, Tasa, Morgan, Stofferahn, Rosenberg, Schneider, and Gunkelman voted aye. Absent and not voting: Member Sobolik. The motion was declared carried.
Item 2: Schultz and Williams Addition
Hearing on an application requesting a Conditional Use Permit to allow Manufacturing and Production in the GC, General Commercial zoning district on a portion of Lots 5 and 6, Block 1, Schultz and Williams Addition. (Located at 3241 South University Drive) (Packet Digital/Terri Zimmerman): APPROVED
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Terri Zimmerman spoke on behalf of the application.
Member Rosenberg moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow Manufacturing and Production 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 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 and maintain 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 the manufacturing and production 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 manufacturing and production use cease for a period of more than 12 consecutive months.
Second by Member Stofferahn. On call of the roll Members Schneider, Scherling, Holtz, Stofferahn, Morgan, Rosenberg, Tasa, and Gunkelman voted aye. Absent and not voting: Member Sobolik. The motion was declared carried.
Item 3: Valley View Eighth Addition
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 JUNE 3, 2021
A hearing had been set for this date and time; however the applicant has requested this item be continued to June 3, 2021
Item 4: DK First Addition
Hearing on an application requesting a Conditional Use Permit to allow an Alternative Access Plan for a parking reduction on Lot 10, Block 1, DK First Addition. (Located at 3521 39th Street South) (Jack Lelwica): APPROVED
Assistant Planner Karin Flom presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the current number of parking spots.
Applicant Jack Lelwica spoke on behalf of the application.
Member Morgan moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow an Alternative Access Plan for a parking reductions 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. A minimum of one stall per 500 square feet of dog kennel area shall be provided on site.
2. The Conditional Use Permit will cease if the land use changes from a dog kennel for a period of more than 12 consecutive months.
Second by Member Holtz. On call of the roll Members Scherling, Stofferahn, Holtz, Rosenberg, Tasa, Morgan, Schneider, and Gunkelman voted aye. Absent and not voting: Member Sobolik. The motion was declared carried.
Item 5: Craigs Oak Grove Second Addition
5a. Hearing an application requesting a Zoning Change from MR-2, Multi-Dwelling Residential to MR-2, Multi-Dwelling Residential with a PUD, Planned Unit Development, Overlay on Lot 1, Block 1, Craigs Oak Grove Second Addition. (Located at 515 Oak Street North) (Craig Development, LLC/Oak Grove River Lofts): WITHDRAWN
5b. Hearing an application requesting a PUD, Planned Unit Development, Master Land Use Plan on Lot 1, Block 1, Craigs Oak Grove Second Addition. (Located at 515 Oak Street North) (Craig Development, LLC/Oak Grove River Lofts): WITHDRAWN
Planning Coordinator Aaron Nelson presented the staff report stating the applicant is requesting to withdraw the application to allow for a new application to be submitted. He noted a Neighborhood Open House was held on April 26.
Discussion was held on green space, Downtown Mixed-Use zoning, and design standards.
Applicant Jesse Craig spoke on behalf of the application.
Discussion continued on the history of the project, how the project will fit in the neighborhood, and the boundaries of the Downtown Mixed-Use zoning district.
Item 6: Dakota Commerce Center Addition
6a. Hearing on an application requesting a Zoning Change from AG, Agricultural to LI, Limited Industrial on the proposed Dakota Commerce Center Addition. (Located at 4060, 4230, 4316, and 4416 37th Street North and 3701 40th Avenue North) (Hyde Development/Edena Rinke): APPROVED
6b. Hearing on an application requesting a Plat of Dakota Commerce Center Addition (Major Subdivision) a plat of portions of the Southeast Quarter of Section 15, Township 140 North, Range 49 West, to the City of Fargo, Cass County, North Dakota, including a subdivision waiver. (Located at 4060, 4230, 4316, and 4416 37th Street North and 3701 40th Avenue North) (Hyde Development/Edena Rinke): APPROVED
Mr. Nelson presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Paul Hyde spoke on behalf of the application.
Member Scherling moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Zoning Change from AG, Agricultural to LI, Limited Industrial, and 2) Subdivision Plat Dakota Commerce Center Addition as outlined within the staff report, as the proposal complies with the 2007 Growth Plan, 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 Rosenberg. On call of the roll Members Rosenberg, Holtz, Scherling, Morgan, Schneider, Stofferahn, Tasa, and Gunkelman voted aye. Absent and not voting: Member Sobolik. The motion was declared carried.
At 3:59 p.m., the Board took a ten-minute recess.
After recess: All Members present except Member Sobolik. Chair Gunkelman presiding.
Item E: Other Items
Item 1: Review of proposed annexation of a portion of Section 15, Township 140 North, Range 49 West: APPROVED
Mr. Nelson presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Stofferahn moved the Planning Commission find that the proposed annexation of a part of the Southeast Quarter of Section 14 and the Northeast Quarter of Section 22, Township 140 North, Range 49 West, to the City of Fargo, Cass County, North Dakota, to be consistent with the 2007 Growth Plan as outlined within the staff report. Second by Member Schneider. On call of the roll Members Tasa, Holtz, Rosenberg, Morgan, Stofferahn, Schneider, Scherling, and Gunkelman voted aye. Absent and not voting: Member Sobolik. The motion was declared carried.
Item 2: Nominating Committee
This item will be heard at the June 3, 2021 meeting.
Item 3: Review of a proposed Renewal Plan and Tax Increment Financing (TIF) District No. 2021-02 for consistency with the GO2030 Comprehensive Plan.
Director of Strategic Planning and Research Jim Gilmour presented the proposed Renewal Plan for blighted property in the 1600 and 1700 blocks of 1st Avenue North.
Discussion was held on ownership of the properties, and the GO2030 Comprehensive Plan consistencies and goals.
Member Rosenberg moved to recommend to the City Commission that the proposed Renewal Plan is consistent with the GO2030 Fargo Comprehensive Plan. Second by Member Morgan. On call of the roll Members Morgan, Holtz, Scherling, Stofferahn, Tasa, Schneider, Rosenberg, and Gunkelman voted aye. Absent and not voting: Member Sobolik. The motion was declared carried.
Item 4: Proposed Amendment to the Land Development Code
City Attorney Erik Johnson provided an overview of the North Dakota Legislative Bill HB1248 and provided a handout to Board Members. He noted that the bill addresses the selling of firearms as a home occupation, and will take effect on August 1, 2021.
Mr. Johnson stated he is presenting this to the Board and it will void the City of Fargo Land Development Code section that restricts firearm sales as a home occupation.
Planning and Development Director Nicole Crutchfield noted next steps to amend the Land Development Code ahead of this legislation becoming effective will come before the Planning Commission in the near future.
The time at adjournment was 4:27 p.m.