Planning Commission - April 5, 2022
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, April 5, 2022.
The Planning Commissioners present or absent were as follows:
Present: John Gunkelman, Rocky Schneider, Scott Stofferahn, Maranda Tasa, Dawn Morgan, Art Rosenberg, Thomas Schmidt
Absent: Jennifer Holtz
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 Rosenberg. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of March 1, 2022
Member Stofferahn moved the minutes of the March 1, 2022 Planning Commission meeting be approved. Second by Member Tasa. All Members present voted aye and the motion was declared carried.
Item C: Public Hearing Items
Item 1: Christianson 32nd Avenue South Second Addition
1a. Continued hearing on an application requesting a Zoning Change from GC, General Commercial and LI, Limited Industrial with a C-O, Conditional overlay to GC, General Commercial with a C-O, Conditional Overlay on the proposed Christianson 32nd Avenue South Second Addition. (Located at 3102 36th Street South and 3401 32nd Avenue South) (KLC Holdings LLC/Christianson Companies/Farm Power Inc.): APPROVED
1b. Continued hearing on an application requesting a Plat of Christianson 32nd Avenue South Second Addition (Minor Subdivision) a replat of Lot 1, Block 1, Christianson 32nd Avenue South Addition and Lot 1, Block 1, Virgil Montplaisir Subdivision to the City of Fargo, Cass County, North Dakota. (Located at 3102 36th Street South and 3401 32nd Avenue South) (KLC Holdings LLC/Christianson Companies/Farm Power Inc.): APPROVED
A Hearing had been set for March 1, 2022. At the March 1, 2022 meeting, the Hearing was continued to this date and time.
Assistant Planner Adam Martin presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted an updated plat was distributed to the Board.
Applicant representative Blake Carlson 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 LI, Limited Industrial with a C-O, Conditional Overlay to GC, General Commercial with a C-O, Conditional Overlay, and 2) Subdivision Plat Christianson 32nd Avenue South Second Addition as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan. The Standards of Article 20-06, and Section 20-0906.F (1-4) of the Land Development Code and all other application requirements of the Land Development Code. Second by Member Tasa. On call of the roll Members Tasa, Morgan, Schmidt, Stofferahn, Rosenberg, Gunkelman, and Schneider voted aye. Absent and not voting: Member Holtz. The motion was declared carried.
Item 2: 1001 NP Addition
Hearing on an application requesting a Plat of 1001 NP Addition (Major Subdivision) a replat of Lots 1-12, Block 25; all of Lots 1, 2, 7-12, and part of Lots 3 and 4, Block 26; and the alley and vacated alley therein, Roberts Second Addition to the City of Fargo, Cass County, North Dakota. (Located at 1001 NP Avenue North, 28 10th Street North, 11 11th Street North, and 1016 1st Avenue North) (Great Plains 1001 Holdings, LLC/Houston Engineering, Inc.): APPROVED
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the plat cleaning up the boundaries of the property.
Applicant representative Deb Wendel-Daub spoke on behalf of the application.
City Engineer Brenda Derrig spoke on behalf of the Engineering Department.
Member Stofferahn moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat 1001 NP Addition as outlined within the staff report, as the proposal complies with the Downtown InFocus Master Plan, the Standards of Article 20-06, Section 20-0907.C 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 Gunkelman, Tasa. Stofferahn, Morgan, Schmidt, Rosenberg, and Schneider voted aye. Absent and not voting: Member Holtz. The motion was declared carried.
Item 3: GPK Addition
Hearing on an application requesting a Plat of GPK Addition (Minor Subdivision) a replat of Lot 4 and 5, Block 1, Tecton-GPK Addition to the City of Fargo, Cass County, North Dakota. (Located at 1601 and 1621 43rd Street North) (GPK Products, Inc./Houston Engineering): APPROVED
Planner Luke Morman presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Schmidt moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat GPK 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 Morgan, Schmidt, Stofferahn, Rosenberg, Gunkelman, Tasa, and Schneider voted aye. Absent and not voting: Member Holtz. The motion was declared carried.
Item 4: Sheyenne Industrial Center Sixth Addition
Hearing on an application requesting a Plat of Sheyenne Industrial Center Sixth Addition (Minor Subdivision) a replat of Lot 4, Block 3, Sheyenne Industrial Center Third Addition to the City of Fargo, Cass County, North Dakota. (Located at 1530 47th Street North) (Specialty Developments, LLP/Houston Engineering, Inc.): APPROVED
Mr. Morman presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on access.
Brian Pattengale, Houston Engineering, spoke on behalf of the application.
Member Tasa moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Sheyenne Industrial Center 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 Gunkelman. On call of the roll Members Tasa, Stofferahn, Gunkelman, Schmidt, Morgan, Rosenberg, and Schneider voted aye. Absent and not voting: Member Holtz. The motion was declared carried.
Item 5: University South Third Addition
Hearing on an application requesting a Plat of University South Third Addition (Minor Subdivision) a replat of Lot 2, Block 1, University South Second Addition to the City of Fargo, Cass County, North Dakota. (Located at 2253 and 2301 University Drive South) (Grove Enclave, LLC/Houston Engineering, Inc.): APPROVED
Mr. Martin presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant representative Brian Pattengale spoke on behalf of the application.
Discussion was held on landscaping plans, setbacks, sidewalk location, access points, if this area would need more future replating, and proposed plans.
Ms. Derrig spoke on behalf of the Engineering Department.
Member Gunkelman moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat University South Third Addition as outlined in the staff report, as the proposal complies with the Standards of Article 20-06 of the Land Development Code, the GO2030 Fargo Comprehensive Plan, and all other applicable requirements of the Land Development Code. Second by Member Morgan. On call of the roll Members Schmidt, Rosenberg, Morgan, Tasa, Gunkelman, Stofferahn, and Schneider voted aye. Absent and not voting: Member Holtz. The motion was declared carried.
Item 6: Bank Forward Addition
Hearing on an application requesting a Plat of Bank Forward Addition (Minor Subdivision) a replat of Lots 2 and 3, Block 5, Valley View Fifth Addition and Lots 1 and 2, Block 1, Anne Carlsen Center First Addition to the City of Fargo, Cass County, North Dakota. (Located at 5650 37th Avenue South, 5651 38th Avenue South, and 3703 and 3749 56th Street South) (Bank Forward/Enclave Companies): APPROVED
Planning Coordinator Maegin Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Rosenberg moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Bank Forward 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. Second by Member Tasa. On call of the roll Members Rosenberg, Gunkelman, Morgan, Stofferahn, Tasa, Schmidt, and Schneider voted aye. Absent and not voting: Member Holtz. The motion was declared carried.
Item 7: Adams 7th Addition
7a. Hearing on an application requesting a Zoning Change from GC, General Commercial to GC, General Commercial with a C-O, Conditional Overlay on Lot 1, Block 2, Adams 7th Addition. (Located at 2955 Thunder Road South) (KRS Investment Company, LLC/Nate Vollmuth): WITHDRAWN
7b. Hearing on an application requesting a Conditional Use Permit to allow Industrial Uses in the GC, General Commercial zoning district on Lot 1, Block 2, Adams 7th Addition. (Located at 2955 Thunder Road South) (KRS Investment Company, LLC/Nate Vollmuth): APPROVED
Mr. Morman presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted that Item 7a. was withdrawn, due to staff’s concerns being addressed with a Conditional Use Permit.
Applicant Nate Vollmuth spoke on behalf of the application.
Discussion was held on the expected uses of the area, the trees on the property, and the condition of the trees.
Member Rosenberg moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow industrial uses 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 (106) of the Land Development Code, and all other applicable requirements of the Land Development Code, with the following conditions:
Prohibited Uses:
• Detention Facility
• Adult Entertainment Center
• Aviation/Surface Transportation
• Off-Premise Advertising
• Portable Signs
1. A residential protection buffer per the Residential Protection Standards of Section 20-0704.E is required on sides facing residential use.
2. 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.
3. 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.
4. Loading docks, stacked storage above 6 feet in height, storage yards, and outdoor storage shall have a setback of 50 feet from the right-of-way and include an 8 foot opaque fence.
5. Dumpsters must contain permanent walls on three (3) sides with the service opening not directly facing any public right-of-way. The fourth side shall incorporate a metal gate to visually screen the dumpster or compactor.
6. The manufacturing, production, or processing of hazardous chemicals or materials shall not be permitted.
Second by Member Schmidt. On call of the roll Members Schmidt, Rosenberg, Gunkelman, Morgan, Stofferahn, Tasa, and Schneider voted aye. Absent and not voting: Member Holtz. The motion was declared carried.
Item 8: Magnum North Addition
8a. Hearing on an application requesting a Zoning Change from AG, Agricultural to GI, General Industrial on the proposed Magnum North Addition. (Located at 4903 19th Avenue North) (G2 Investments, LLC/MBN Engineering, Inc.): APPROVED
8b. Hearing on an application requesting a Plat of Magnum North Addition (Minor Subdivision) a plat of the Southeast Quarter of Section 28, Township 140 North, Range 49 West to the City of Fargo, Cass County, North Dakota. (Located at Located at 4903 19th Avenue North) (G2 Investments, LLC/MBN Engineering, Inc.): APPROVED
Mr. Morman 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 approval be recommended to the City Commission of the proposed 1) Zone Change from AG, Agricultural, to GI, General Industrial, and 2) Subdivision Plat Magnum North 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 Tasa. On call of the roll Members Stofferahn, Tasa, Schmidt, Rosenberg, Morgan, Gunkelman, and Schneider voted aye. Absent and not voting: Member Holtz. The motion was declared carried.
Item 9: Covey Ranch Second Addition
9a. Hearing on an application requesting a Growth Plan Amendment on a portion of the proposed Covey Ranch Second Addition from Medium Density Residential and High Density Residential to Proposed School. (Located at 6688 45th Street South) (Dabbert Custom Homes, LLC): APPROVED
9b. Hearing on an application requesting a Zone Change from AG, Agricultural to P/I, Public and Institutional with a C-O, Conditional Overlay on a portion of the proposed Covey Ranch Second Addition. (Located at 6688 45th Street South) (Dabbert Custom Homes, LLC): APPROVED
9c. Hearing on an application requesting a Plat of Covey Ranch Second Addition (Major Subdivision) a plat of portion of the Northwest Quarter of Section 10, Township 138 North, Range 49 West to the City of Fargo, Cass County, North Dakota. (Located at 6688 45th Street South) (Dabbert Custom Homes, LLC): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the notification process and area, private school versus public school process differences, and anticipated uses of the surrounding properties.
Planning and Development Director Nicole Crutchfield stated this area is located in the City of Fargo extra-territorial jurisdiction. She noted coordination with utilities and roads is being planned for the area.
Applicant Don Dabbert spoke on behalf of the application.
Ms. Derrig spoke on behalf of the Engineering Department regarding the previously annexed areas and drainage.
Planning and Development Assistant Director Mark Williams spoke on the master storm water plan.
Discussion was held on the relationships between neighborhoods and school development, circulation and roadways, and future plans for the area.
Member Gunkelman moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Growth Plan Amendment from “Medium Density Residential” and “High Density Residential” to “Proposed School”, 2) Zone Change from AG, Agricultural to P/I, Public and Institutional with a C-O, Conditional Overlay, and 3) Subdivision Plat Covey Ranch Second Addition as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the 2007 Growth Plan, the Standards of Article 20-06, Section 20-0905.H, 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 Tasa. On call of the roll Members Stofferahn, Gunkelman, Tasa, Schmidt, Rosenberg, and Schneider voted aye. Member Morgan noted nay. Absent and not voting: Member Holtz. The motion was declared carried.
Item E: Other Items
Item 1: Annexation of approximately 42.04 acres of the Northwest Quarter of Section 10, Township 138 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota. (Dabbert Custom Homes, LLC): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Ms. Derrig spoke on behalf of the Engineering Department.
Ms. Crutchfield noted this location is unique due to geographical restraints.
Discussion was held on the annexation size and clarification of location.
Member Gunkelman moved the Planning Commission find that the proposed annexation to be consistent with the 2007 Growth Plan. Second by Member Rosenberg. On call of the roll Members Gunkelman, Morgan, Rosenberg, Stofferahn, Schmidt, Tasa, and Schneider voted aye. Absent and not voting: Member Holtz. The motion was declared carried.
The time at adjournment was 4:17 p.m.