Planning Commission - September 9, 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, September 9, 2021.
The Planning Commissioners present or absent were as follows:
Present: John Gunkelman, Rocky Schneider, Maranda Tasa, Jennifer Holtz, Dawn Morgan, Art Rosenberg
Absent: Scott Stofferahn
Chair Schneider called the meeting to order.
Business Items
Item A: Approve Order of Agenda
Chair Schneider noted that Item 1 has been withdrawn, Item 2 is continued to November 2, and he proposed adding an additional non-hearing item to the end of the Agenda to discuss an upcoming meeting with the consultant for the Land Development Code review/revision.
Member Rosenberg moved the Order of Agenda be approved as amended. Second by Member Tasa. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of August 3, 2021
Member Tasa moved the minutes of the August 3, 2021 Planning Commission meeting be approved. Second by Member Holtz. All Members present voted aye and the motion was declared carried.
Item C: September 22, 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 (Located at 619 University Drive South) (Bradley and Lisa Johnson): WITHDRAWN
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 June 3, 2021. At the June 3, 2021 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be withdrawn.
Item 2: 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 NOVEMBER 2, 2021
A hearing had been set for July 6, 2021. At the July 6, 2021 meeting, the Hearing was continued to August 3, 2021. At the August 3, 2021 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to November 2, 2021.
Item 3: 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): APPROVED
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 August 3, 2021. At the August 3, 2021 meeting, the Hearing was continued to this date and time.
Planner Kylie Bagley presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the conditions of the Conditional Use Permit, and clarification on parking requirements.
Member Rosenberg moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow residential living in the GC, General Commercial zoning district 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 condition:
1) The maximum residential density shall be 35 units per acre.
Second by Member Gunkelman. On call of the roll Members Morgan, Rosenberg, Holtz, Gunkelman, Tasa, and Schneider voted aye. Absent and not voting: Member Stofferahn. The motion was declared carried.
Item 4: Valley View Eighth Addition
Hearing on an application requesting a Conditional Use Permit to allow an Alternative Access Plan for a shared parking agreement on Lots 1-5, Block 1, Valley View Eighth Addition. (Located at 3610, 3630, 3650, and 3680 Veterans Boulevard and 5652 36th Avenue South) (LTC Mustang, LLC/Brian Kounovsky): APPROVED
Ms. Bagley presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the shared parking on-site, and clarification of which lots this Conditional Use Permit applies.
Applicant Brian Kounovsky spoke on the application.
Member Rosenberg moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow an Alternative Access Plan for a shared parking agreement 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 application requirements of the Land Development Code. Second by Member Morgan. On call of the roll Members Tasa, Holtz, Rosenberg, Morgan, Gunkelman, and Schneider voted aye. Absent and not voting: Member Stofferahn. The motion was declared carried.
Item 5: Maplewood Estates Second Addition
5a. 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): CONTINUED TO OCTOBER 5, 2021
5b. 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): CONTINUED TO OCTOBER 5, 2021
5c. 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): CONTINUED TO OCTOBER 5, 2021
Planning Coordinator Donald Kress presented the staff report stating staff is recommending continuing to the October 5, 2021 Planning Commission meeting. An updated site plan was submitted to the Board.
Discussion was held regarding the parking study bring completed, private drive access, and location.
Fire Marshall Ryan Erickson spoke on behalf of the Fire Department.
Applicant Representative Jon Youness, Eagle Ridge Development, spoke on behalf of the application.
Member Gunkelman moved to continue the application to the October 5, 2021 Planning Commission meeting. Second by Member Rosenberg. On call of the roll Members Morgan, Tasa, Gunkelman, Holtz, Rosenberg, and Schneider voted aye. Absent and not voting: Member Stofferahn. The motion was declared carried.
Item 6: Timber Parkway Third Addition
Hearing on an application requesting a Plat of Timber Parkway Sixth Addition (Minor Subdivision) a replat of Lot 3, Block 1, Timber Parkway Third Addition to the City of Fargo, Cass County, North Dakota. (Located at 5081 Charles Way South) (Chris Mack/PLC Investments, LLC): APPROVED
Planning Coordinator Aaron Nelson presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Morgan moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Timber Parkway Sixth Addition as outlined within the staff report, as the proposal complies with the Standards of Article 20-06 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 Rosenberg, Gunkelman, Holtz, Morgan, Tasa, and Schneider voted aye. Absent and not voting: Member Stofferahn. The motion was declared carried.
Item 7: Ulteig Addition
Hearing on an application requesting a Conditional Use Permit to allow an Alternative Access Plan for parking reduction on Lot 1, Block 1, Ulteig Addition. (Located at 3540 and 3550 38th Avenue South) (Mark Weston/I-29 Investments, LLC): APPROVED
Ms. Bagley presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the uses of the building and parking plan.
Applicant Mark Weston spoke on behalf of the application.
Member Tasa moved the findings and recommendations of staff be accepted the Conditional Use Permit to allow an Alternative Access Plan 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 74 parking stalls shall be provided on site.
2) The Conditional Use Permit will cease of the land use changes from an office and religious institution for a period of more than 12 consecutive months.
Second by Member Gunkelman. On call of the roll Members Tasa, Holtz, Rosenberg, Gunkelman, Morgan, and Schneider voted aye. Absent and not voting: Member Stofferahn. The motion was declared carried.
Item 8: Maple Valley Fifth Addition
8a. Hearing on an application requesting a Zoning Change from LC, Limited Commercial to LC, Limited Commercial with a C-O, Conditional Overlay on the proposed Maple Valley Fifth Addition. (Located at 6050 36th Street South) (Nate Vollmuth/Aspen Ponds Apartments, LLP): APPROVED
8b. Hearing on an application requesting a Plat of Maple Valley Fifth Addition (Minor Subdivision) a replat of Lot 21, Block 6, Maple Valley Addition to the City of Fargo, Cass County, North Dakota. (Located at 6050 36th Street South) (Nate Vollmuth/Aspen Ponds Apartments, LLP): APPROVED
8c. Hearing on an application requesting a Conditional Use Permit for an Alternative Access Plan and residential living in the LC, Limited Commercial zoning district on Lot 1, Block 1 of the proposed Maple Valley Fifth Addition. (Located at 6050 36th Street South) (Nate Vollmuth/Aspen Ponds Apartments, LLP): 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 Conditional Use Permit, and the proposed plans for the location.
Member Rosenberg 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 LC, Limited Commercial with a C-O, Conditional Overlay, and 2) Subdivision Plat Maple Valley Fifth Addition as outlined within the staff report, as the proposal complies with the 2001 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, and to approve 3) the Conditional Use Permit to allow household living in the LC, Limited Commercial zoning district on Lot 1, Block 1 of the proposed Maple Valley Fifth Addition as the proposal compiles 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 condition:
1) The maximum residential density for Lot 1, Block 1, of Maple Valley Fifth Addition shall not exceed 15 dwelling units per acre.
Second by Member Holtz. On call of the roll Members Tasa, Rosenberg, Morgan, Holtz, Gunkelman, and Schneider voted aye. Absent and not voting: Member Stofferahn. The motion was declared carried.
Item 9: Interstate Park Second Addition
9a. Hearing on an application requesting a Zoning Change from LC, Limited Commercial and GC, General Commercial to LC, Limited Commercial and GC, General Commercial on the proposed Interstate Park Second Addition. (Located at 3502 and 3518 Interstate Boulevard) (Kevin Hall/JKJ Enterprises, LLP): APPROVED
9b. Hearing on an application requesting a Plat of Interstate Park Second Addition (Minor Subdivision) a replat of portions of Lots 6, 7, and 9, and all of Lot 8, Block 4, Interstate Park Addition, to the City of Fargo, Cass County, North Dakota. (Located at 3502 and 3518 Interstate Boulevard) (Kevin Hall/JKJ Enterprises, LLP): APPROVED
9c. Hearing on an application requesting a Conditional Use Permit to allow residential living in the GC, General Commercial zoning district on Lot 1, Block 1, the proposed Interstate Park Second Addition. (Located at 3502 and 3518 Interstate Boulevard) (Kevin Hall/JKJ Enterprises, LLP): 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 Conditional Use Permit, density, and lot lines.
Applicant Kevin Hall spoke on behalf of the application.
Member Gunkelman moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Zone Change from GC, General Commercial and LC, Limited Commercial to GC, general Commercial and LC, Limited Commercial, and 2) Subdivision Plat Interstate Park Second Addition as outlined within the staff report, as the proposal complies with 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 household living in the GC, General Commercial zoning district on Lot 1, Block 1, of the proposed Interstate Park Second 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 condition:
1) The maximum residential density for Lot 1, Block 1, of Interstate Park Addition shall not exceed 28 dwelling units per acre.
Second by Member Holtz. On call of the roll Members Morgan, Holtz, Gunkelman, Tasa, Rosenberg, and Schneider voted aye. Absent and not voting: Member Stofferahn. The motion was declared carried.
Item 10: Prairie Farms Commercial Third Addition
Hearing on an application requesting a Plat of Prairie Farms Commercial Third Addition (Minor Subdivision) a replat of Lot 2, Block 1, Prairie Farms Commercial Second Addition to the City of Fargo, Cass County, North Dakota. (Located at 2900 52nd Avenue South) (Bryan Slama/Houston Engineering): APPROVED
Mr. Martin presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the private road access and its maintenance.
Planning and Development Assistant Director Mark Williams stated a private road is maintained by the property owners.
Applicant Representative Brian Pattengale spoke on behalf of the application.
Member Holtz moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Prairie Farms Commercial Third Addition as outlined within the staff report as the proposal complies with the Standards of Article 20-06 of the Land Development Code and all other applicable requirements of the Land Development Code. Second by Member Gunkelman. On call of the roll Members Gunkelman, Morgan, Rosenberg, Holtz, Tasa, and Schneider voted aye. The motion was declared carried.
Item E: Other Items
Item 1: Discussion on an upcoming meeting with the consultant for the Land Development Code review/revision.
Mr. Nelson provided a review of the Land Development Code review/revision process to date and stated there is a recommendation to host an education session relating to form based code elements. He noted the education session will be held Tuesday, November 30 and more information will be sent once available.
Discussion was held on the contract extension with Lisa Wise Consulting, next steps regarding rewriting/revising the Land Development Code, Growth Plans, implementation process, and the RFP process.
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 4:14 p.m.