Planning Commission - August 2, 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, August 2, 2022.
The Planning Commissioners present or absent were as follows:
Present: Rocky Schneider, Maranda Tasa, Scott Stofferahn, Jennifer Holtz, Thomas Schmidt, Brett Shewey
Absent: John Gunkelman, Art Rosenberg, Dawn Morgan
Chair Schneider called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Chair Schneider noted Items 1a and 1b have been withdrawn, and that the September Planning Commission meeting will be held on Thursday, September 8, 2022 due to the Labor Day holiday.
Member Tasa moved the Order of Agenda be approved as presented. Second by Member Schmidt. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of July 5, 2022
Member Stofferahn moved the minutes of the July 5, 2022 Planning Commission meeting be approved. Second by Member Holtz. All Members present voted aye and the motion was declared carried.
Item C: Public Hearing Items:
Item 1: Kirkhams Second Addition
1a. Continued hearing on an application requesting a Zoning Change from MR-3, Multi-Dwelling Residential to MR-3, Multi-Dwelling Residential with a PUD, Planned Unit Development on Lot 17 and a portion of Lot 18, Block 13, Kirkhams Second Addition. (Located at 1129 and 1131 14th Street North) (Todd Knain/MBN Engineering, Inc.): WITHDRAWN
1b. Continue hearing on an application requesting a PUD, Planned Unit Development Overlay and Master Land Use Plan and Final Plan on Lot 17 and a portion of Lot 18, Block 13, Kirkhams Second Addition. (Located at 1129 and 1131 14th Street North) (Todd Knain/MBN Engineering, Inc.): WITHDRAWN
A hearing had been set for June 7, 2022. At the June 7, 2022 meeting, the Hearing was continued to July 5, 2022. At the July 5, 2022 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be withdrawn.
Item 2: Kirkhams Second Addition
Hearing on an application requesting a Conditional Use Permit to allow an Alternative Access Plan for a parking reduction on Lot 17 and a portion of Lot 18, Block 13, Kirkhams Second Addition. (Located at 1129 and 1131 14th Street North) (Todd Knain/MBN Engineering, Inc.): APPROVED
Planning Coordinator Kim Citrowske presented the staff report stating all approval criteria have been met and staff is recommending approval. She noted that a neighborhood open house was held on May 25.
Discussion was held on the topics discussed at the neighborhood open house.
Member Stofferahn moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow an Alternative Access Plan for a parking reduction 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. Conditional Use Permit will cease if the land use changed from group living with a maximum occupancy of 25 beds (24 beds and 1 bed for house director).
2. Eight (8) parking stalls are required on site.
3. Bicycle parking facilities (i.e. Racks, Lockers, etc.) shall be provided on-site.
4. Continue to provide off-site parking from North Dakota State University (NDSU) to meet parking requirements of the Land Development Code.
Second by Member Schmidt. On call of the roll Members Holtz, Shewey, Stofferahn, Schmidt, Tasa, and Schneider voted aye. Absent and not voting: Members Rosenberg, Gunkelman, and Morgan. The motion was declared carried.
Item 3: Valley View Ninth Addition
Hearing on an application requesting a Plat of Valley View Ninth Addition (Minor Subdivision) a replat of Lot 1, Block 7, Valley View Addition to the City of Fargo, Cass County, North Dakota. (Located at 3900 54th Street South) (Arbor Courts Townhomes LLC/Neset Land Surveys/Brian Kounovsky): APPROVED
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted an updated Plat was provided to the Board.
Member Tasa moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Valley View Ninth Addition as outlined within the staff report, as the proposal complies with the 2003 Southwest Future Land Use Plan, the Standards of Article 20-06, and Section 20-0907.B & C of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Shewey. On call of the roll Members Tasa, Stofferahn, Holtz, Schmidt, Shewey, and Schneider voted aye. Absent and not voting: Members Morgan, Gunkelman, and Rosenberg. The motion was declared carried.
Item 4: Peterson Second Addition
Hearing on an application requesting a Plat of Peterson Second Addition (Minor Subdivision) a replat of a portion of Lots 1-4 and the East 47.50 feet of Lot 5, Block 2, Schultz & Lindsay’s First Addition to the City of Fargo, Cass County, North Dakota. (Located at 302 29th Street North) (Qwest Corporation/Apex Engineering Group): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Holtz moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Peterson Second Addition as outlined within the staff report, as the proposal complies with the Standards of Article 20-06, and Section 20-0907.B & C 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 Stofferahn, Schmidt, Shewey, Tasa, Holtz, and Schneider voted aye. Absent and not voting: Members Gunkelman, Rosenberg, and Morgan. The motion was declared carried.
Item 5: Timber Parkway 8th Addition
Hearing on an application requesting a Plat of Timber Parkway 8th Addition (Minor Subdivision) a replat of Lots 1-2, Block 1, Timber Parkway Seventh Addition, to the City of Fargo, Cass County, North Dakota. (Located at 5056 and 5160 Charles Way South) (PLC Investments, LLC/Landform Professional Services): APPROVED
Planner Luke Morman presented the staff report stating all approval criteria have been met and staff is recommending approval.
Chair Schneider recused himself from voting due to a conflict of interest.
Discussion was held on the negative access easement, parking, and regulations for private drives.
Member Schmidt moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Timber Parkway 8th Addition as outlined within the staff report, as the proposal complies with the 2007 Growth Plan, the Standards of Section 20-0907.B & C, the Standards of Article 20-06 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 Schmidt, Stofferahn, Holtz, Shewey, and Tasa voted aye. Member Schneider abstained from voting. Absent and not voting: Members Gunkelman, Morgan, and Rosenberg. The motion was declared carried.
Item 6: Simonson Companies Second Addition
Hearing on an application requesting a Zoning Change to repeal and re-establish a C-O, Conditional Overlay in the LC, Limited Commercial zoning district on Lots 1-4, Block 1, Simonson Companies Second Addition. (Located at 5237 38th Street South and 3825, 3863 and 3901 53rd Avenue South) (Simonson Companies, LLC/Christianson Companies): APPROVED
Mr. Morman presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted an updated version of the Conditional Overlay was provided to the Board.
Discussion was held on the surrounding Conditional Overlays in the area.
Member Tasa moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Zoning Change to repeal and re-establish a C-O, Conditional Overlay in the LC, Limited Commercial zoning district as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, 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 Holtz. On call of the roll Members Holtz, Shewey, Schmidt, Stofferahn, Tasa, and Schneider voted aye. Absent and not voting: Members Gunkelman, Rosenberg, and Morgan. The motion was declared carried.
Item 7: Simonson Companies Third Addition
Hearing on an application requesting a Plat of Simonson Companies Third Addition (Minor Subdivision) a replat of Lot 4, Block 1, Simonson Companies Second Addition to the City of Fargo, Cass County, North Dakota. (Located at 3863 53rd Avenue South) (Simonson Companies, LLC/Christianson Companies): APPROVED
Mr. Morman presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Stofferahn moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Simonson Companies Third Addition, as outlined within the staff report, as the proposal complies with the 2007 Growth Plan, the Standards of Section 20-0907.B & C, 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 Holtz, Tasa, Stofferahn, Schmidt, Shewey, and Schneider voted aye. Absent and not voting: Members Gunkelman, Morgan, and Rosenberg. The motion was declared carried.
Item 8: Fitzsimonds Second Addition
8a. Hearing on an application requesting a Conditional Use Permit to allow an Alternative Access Plan for a parking reduction on the proposed Fitzsimonds Second Addition. (Located at 3716, 3740, and 3750 51st Avenue South) (Fitzsimonds Commons LLC/Christianson Companies): APPROVED
8b. Hearing on an application requesting a Zoning Change to repeal and re-establish a C-O, Conditional Overlay in the GC, General Commercial zoning district on the proposed Fitzsimonds Second Addition. (Located at 3716, 3740, and 3750 51st Avenue South) (Fitzsimonds Commons LLC/Christianson Companies): APPROVED
8c. Hearing on an application requesting a Plat of Fitzsimonds Second Addition (Minor Subdivision) a replat of Lots 5-7, Block 1, Fitzsimonds Addition to the City of Fargo, Cass County, North Dakota. (Located at 3716, 3740, and 3750 51st Avenue South) (Fitzsimonds Commons LLC/Christianson Companies): APPROVED
Planning Coordinator Maegin Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval. She noted an updated Plat was provided to the Board.
Discussion was held on the Conditional Overlay amendment, access to the property, and parking requirements.
Applicant Representative Blake Carlson, Christianson Companies, spoke on behalf of the application.
Member Stofferahn moved the findings and recommendations of staff be accepted and 1) the Conditional Use Permit to allow an Alternative Access Plan for a parking reduction in the GC, General Commercial zoning district on the proposed Lot 1, Block 1, Fitzsimonds Second 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 condition:
1. One (1) Parking space per 10,000 gross square feet for a self-service storage facility.
And to accept the findings and recommendations of staff and recommend to the City Commission the proposed 2) Zoning Change to repeal and re-establish a C-O, Conditional Overlay, in the GC, General Commercial zoning district, and 3) Subdivision Plat Fitzsimonds Second Addition, as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Adopted Area Plan, The Standards of Section 20-0906.F (1-4), Section 20-0907.B&C, and Article 20-06 of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Holtz. On call of the roll Members Shewey, Stofferahn, Tasa, Schmidt, Holtz, and Schneider voted aye. Absent and not voting: Members Gunkelman, Rosenberg, and Morgan. The motion was declared carried.
Item 9: West Acres Seventh Addition
Hearing on an application requesting a Zoning Change from GC, General Commercial to MR-3, Multi-Dwelling Residential on Lot 1, Block 1, West Acres Seventh Addition. (Located at 1882 39th Street South) (Interstate Office LLC/Bluebills LLC/Dynasty Holdings LLC/Kevin Hochman): APPROVED
Mr. 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 Zoning Change from GC, General Commercial to MR-3, Multi-Dwelling Residential, as outlined within the staff report, as the proposal complies with the Standards of the Adopted Area Plan, 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 Holtz, Shewey, Stofferahn, Tasa, Schmidt, and Schneider voted aye. Absent and not voting: Members Gunkelman, Rosenberg, and Morgan. The motion was declared carried.
Item 10: Craigs 16th Street Addition
Hearing on an application requesting a Plat of Craigs 16th Street Addition (Minor Subdivision) a replat of Lot 3, Block 1, MBA Investments Addition, to the City of Fargo, Cass County, North Dakota. (Located at 202 16th Street North) (Momentum Properties, LLC/Jesse Craig): APPROVED
Planner Brad Garcia presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the vision for this corridor.
Planning and Development Assistant Director Mark Williams spoke on behalf of the Planning Department, noting work is being conducted on the growth plan, which will provide information for future development.
Applicant Jesse Craig 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 Craigs 16th Street Addition, as outlined within the staff report, as the proposal complies with the 2021 Core Neighborhoods Plan, the Standards of Article 20-06, Section 20-0907.B&C of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Schmidt. On call of the roll Members Shewey, Stofferahn, Holtz, Schmidt, Tasa, and Schneider voted aye. Absent and not voting: Members Gunkelman, Rosenberg, and Morgan. The motion was declared carried.
Item 11: Sanders Addition
Hearing on an application requesting a Plat of Sanders Addition (Minor Subdivision) a replat of a portion of Lots 3 and 10, Block 1, Adams Fifth Addition, to the City of Fargo, Cass County, North Dakota. (Located at 3064 Thunder Road South) (Mark Sanders/MBN Engineering, Inc.): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Stofferahn moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Sanders Addition, as outlined within the staff report, as the proposal complies with the 2003 Southwest Future Land Use Plan, the Standards of Article 20-06, Section 20-0907.B&C of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Schmidt. On call of the roll Members Holtz, Schmidt, Tasa, Stofferahn, Shewey, and Schneider voted aye. Absent and not voting: Members Gunkelman, Rosenberg, and Morgan. The motion was declared carried.
Item 12: Dakota Commerce Center North Addition
12a. Hearing on an application requesting a Zoning Change from AG, Agricultural to LI, Limited Industrial on the proposed Dakota Commerce Center North Addition. (Located at 4102 County Road 81 North and 5100 37th Street North) (Holmquist Family LLP/Hyde Development): APPROVED
12b. Hearing on an application requesting a Plat of Dakota Commerce Center North Addition (Major Subdivision) a replat of a portion of the Northeast Quarter of Section 15, Township 140 North, Range 49 West of the Fifth Principle Meridian, Cass County, North Dakota including a subdivision waiver. (Located at 4102 County Road 81 North and 5100 37th Street North) (Holmquist Family LLP/Hyde Development): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the annexation process and difference between a City-initiated and owner-initiated annexation, the most recent use of the land, and benefits to annexation.
Applicant Representatives Konrad Olson and Paul Hyde spoke on behalf of the application.
Discussion continued on access to the property, street dedications, and truck traffic.
City Engineer Brenda Derrig spoke on behalf of the Engineering Department.
Planning and Development Director Nicole Crutchfield spoke on behalf of the Planning Department and being conscientious of urbanization.
Further discussion was held on landscaping requirements, and rural development.
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 AG, Agricultural to LI, Limited Industrial, and 2) Subdivision Plat Dakota Commerce Center North Addition, including a subdivision waiter for block length, as outlined within the staff report, as the proposal complies with the 2007 Growth Plan, the Standards of Article 20-06, Sections 20-0906.F (1-4), 20-0907.C, and 2907.D.3 (a-c) of the Land Development Code, and all applicable requirements of the Land Development Code. Second by Member Holtz. On call of the roll Members Schmidt, Shewey, Stofferahn, Tasa, Holtz, and Schneider voted aye. Absent and not voting: Members Gunkelman, Rosenberg, and Morgan. The motion was declared carried.
Item D: Other Items:
Item 1: Annexation of approximately 112.14 acres of a portion of the Northeast Quarter of Section 15, Township 140 North, Range 49 West, of the 5th Principal Meridian, Cass County, North Dakota. (Holmquist Family LLP/City of Fargo/Hyde Development): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Tasa moved that the proposed annexation of a portion of the Northeast Quarter of Section 15, Township 140 North, Range 49 West, of the Fifth Principal Meridian, Cass County, North Dakota to be consistent with the 2007 Growth Plan. Second by Member Holtz. On call of the roll Members Schmidt, Shewey, Stofferahn, Tasa, Holtz, and Schneider voted aye. Absent and not voting: Members Gunkelman, Rosenberg, and Morgan. The motion was declared carried.
Item 2: Planned Unit Development Final Plan for Westrac Third Addition (formerly Cedar Crest First Addition): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted an updated site plan was provided to the Board.
Applicant Nate Vollmuth spoke on behalf of the application.
Discussion was held on the change in configuration of the proposed building, and access to resources and transportation for the residents.
Member Holtz moved the findings and recommendations of staff be accepted and approve the Planned Unit Development Final Plan for the Lot 1, Block 1, Westrac 3rd Addition (formerly Lot 1, Block 1, Cedar Crest First Addition), as outlined within the staff report, as the proposal complies with the Planned Unit Development (PUD) 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 Schmidt. On call of the roll Members Stofferahn, Tasa, Schmidt, Shewey, Holtz, and Schneider voted aye. Absent and not voting: Members Gunkelman, Rosenberg, and Morgan. The motion was declared carried.
The time at adjournment was 4:18 p.m.