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Planning Commission - October 5, 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, October 5, 2021.

The Planning Commissioners present or absent were as follows:

Present: John Gunkelman, Rocky Schneider, Scott Stofferahn, Maranda Tasa, Jennifer Holtz, Dawn Morgan

Absent: Art Rosenberg

Chair Schneider called the meeting to order.

Business Items
Item A: Approve Order of Agenda
Member Gunkelman moved the Order of Agenda be approved as presented. Second by Member Tasa. All Members present voted aye and the motion was declared carried.

Member Holtz present.

Item B: Minutes: Regular Meeting of September 9, 2021
Member Tasa moved the minutes of the September 9, 2021 Planning Commission meeting be approved. Second by Member Gunkelman. All Members present voted aye and the motion was declared carried.

Item C: October 17, 2021 Brown Bag Luncheon: CANCELLED

Item D: Public Hearing Items

Item 1: Maplewood Estates Second Addition
1a. Continued hearing on an application requesting a Zoning Change from AG, Agricultural to MR-3, Multi-Dwelling Residential with a PUD, Planned Unit Development Overlay on the proposed Maplewood Estates Second Addition. (Located at 5601 and 5605 38th Street South) (EagleRidge Development, LLC): APPROVED

1b. Continued hearing on an application requesting a Plat of Maplewood Estates Second Addition (Major Subdivision) a plat of a portion of the Northeast Quarter and a portion of the Southeast Quarter of Section 3, Township 138 North, Range 49 West to the City of Fargo, Cass County, North Dakota. (Located at 5601 and 5605 38th Street South) (EagleRidge Development, LLC): APPROVED

1c. Continued hearing on an application requesting a PUD, Planned Unit Development Master Land Use Plan on the proposed Maplewood Estates Second Addition. (Located at 5601 and 5605 38th Street South) (EagleRidge Development, LLC): APPROVED
A Hearing had been set for September 9, 2021. At the September 9, 2021 meeting, the Hearing was continued to this date and time.

Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.

Member Stofferahn present.

Member Holtz moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Zone Change from AG, Agricultural, to MR-3, Multi-Dwelling Residential with a PUD, Planned Unit Development Overlay, 2) Subdivision Plat Maplewood Estates Second Addition, and 3) PUD, 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 Articles 20-06, 20-0906 (F) (1-4), and 20-0907 (B) (a-e) of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Tasa. On call of the roll Members Holtz, Tasa, Morgan, Stofferahn, Gunkelman, and Schneider voted aye. Absent and not voting: Member Rosenberg. The motion was declared carried.

Item 2: University South Second Addition
2a. Hearing on an application requesting a Zoning Change from LC, Limited Commercial to MR-3, Multi-Dwelling Residential with a C-O, Conditional Overlay on Lot 1, Block 1 of the proposed University South Second Addition and from LC, Limited Commercial to GC, General Commercial with a C-O, Conditional Overlay on Lot 2, Block 1 on the proposed University South Second Addition and Lots 1 and 2, Block 1, University South Addition.(Located at 2301 and 2253 University Drive South) (GFI Dakota Development/Houston Engineering): APPROVED

2b. Hearing on an application requesting a Plat of University South Second Addition (Minor Subdivision) a replat of Lot 3, Block 1, University South Addition to the City of Fargo, Cass County, North Dakota. (Located at 2301 and 2253 University Drive South) (GFI Dakota Development/Houston Engineering): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted an updated Conditional Overlay and Plat were provided to the Board.

Dan Madler, Beyond Shelter, Inc., and Brian Pattengale, Houston Engineering, spoke on behalf of the application.

Discussion was held on the scope of the project.

Member Stofferahn moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Zone Change from LC, Limited Commercial to GC, General Commercial with a C-O, Conditional Overlay and MR-3, Multi-Dwelling Residential with a C-O, Conditional Overlay, and 2) Subdivision Plat University South Second Addition as outlined within the staff report, as the proposal complies with the Standards of Article 2006, and Section 20-0906.F (1-4) of the Land Development Code and all other applicable requirements of the Land Development Code and the GO2030 Fargo Comprehensive Plan. Second by Member Morgan. On call of the roll Members Gunkelman, Holtz, Stofferahn, Morgan, Tasa, and Schneider voted aye. Absent and not voting: Member Rosenberg. The motion was declared carried.

Item 3: Oak Manor Second Addition
Hearing on an application requesting a Zoning Change from LC, Limited Commercial to MR-1, Multi-Dwelling Residential and MR-3, Multi-Dwelling Residential, on portions of Lot 1, Block, 1, Oak Manor Second Addition. (Located at 2302, 2304, 2306, 2308, 2310, 2312, 2314, 2316 and 2318 15th Street South; 1408 Oak Manor Avenue South; and 1401 and 1405 25th Avenue South) (City of Fargo): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted a public input meeting was held on August 26.

Discussion was held on the rezoning, and when staff brings forward applications to correct zoning on properties.

Planning and Development Assistant Director Mark Williams spoke on behalf of the Planning Department.

Member Gunkelman moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Zone Change from LC, Limited Commercial to MR-1, Multi-Dwelling Residential and MR-3, Multi-Dwelling Residential as outlined within the staff report, as the proposal complies with 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 Stofferahn. On call of the roll Members Morgan, Stofferahn, Holtz, Gunkelman, Tasa, and Schneider voted aye. Absent and not voting: Member Rosenberg. The motion was declared carried.

Item 4: Reeves Addition
Hearing on an application requesting a Zoning Change from LI, Limited Industrial to DMU, Downtown Mixed Use with a C-O, Conditional Overlay on Lots 19-24, Block 21; all of Lots 1-16, 20-23, and 25-34, and portions of Lots 19-24, and the vacated alley, Block 22, Reeves Addition. (Located at 4 & 5 14th Street North, 9 & 19 14 ½ Street North, and 1418 1st Avenue North) (Meinecke Johnson Company/Gary Rinehart/Foxville, Inc): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted an updated Conditional Overlay was provided to the Board.

Discussion was held on parking requirements, the Downtown boundary, and fringe zoning.

Mr. Williams stated this corridor has been slowly transitioning.

Planning and Development Director Nicole Crutchfield spoke on the Conditional Overlay standards.

Discussion continued on the reach of the DMU, Downtown Mixed-Use, zoning district.

Applicant representative Kevin Bartram 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 Zone Change from LI, Limited Industrial to DMU, Downtown Mixed Use with a C-O, Conditional Overlay as outlined within the staff report, as the proposal complies with the Standards of Section 20-0906.F (1-4) of the Land Development Code, the GO2030 Fargo Comprehensive Plan, and all other applicable requirements of the Land Development Code. Second by Member Stofferahn. On call of the roll Members Tasa, Gunkelman, Stofferahn, Holtz, Morgan, and Schneider voted aye. Absent and not voting: Member Rosenberg. The motion was declared carried.

Item 5: Fargo North Addition
Hearing on an application requesting a Conditional Use Permit to allow a Telecommunication Support Structure (TSS) of less than 125 feet in height in the P/I, Public and Institutional zoning district on a portion of Lot 2, Block 1, Fargo North Addition. (Located at 807 17th Avenue North) (Fargo Park District/Rob Viera): APPROVED
Assistant Planner Adam Martin presented the staff report stating all approval criteria have been met and staff is recommending approval.

Discussion was held on the look and height of the structure.

Applicant Rob Viera spoke on behalf of the application.

Member Gunkelman moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow a Telecommunications Support Structure (TSS) of less than 125 feet in the P/I, Public and Institutional zoning district, be approved as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, Section 20-0402.N (3) and Section 20-0909.D (1-6) of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Tasa. On call of the roll Members Morgan, Tasa, Gunkelman, Holtz, Stofferahn, and Schneider voted aye. Absent and not voting: Member Rosenberg. The motion was declared carried.

Item E: Other Items

Item 1: Planned Unit Development Final Plan for EOLA Addition.
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.

Member Gunkelman moved the findings and recommendations of staff be accepted and the Planned Unit Development Final Plan for EOLA Addition be approved as outlined within the staff report, as the proposal complies with the PUD, Planned Unit Development, Master Land Use Plan, Section 20-0908.D 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 Gunkelman, Holtz, Morgan, Stofferahn, Tasa, and Schneider voted aye. Absent and not voting: Member Rosenberg. The motion was declared carried.

Chair Schneider thanked Planner Kylie Bagley for her work with the Planning Commission.

The time at adjournment was 3:45 p.m.