Planning Commission - December 6, 2022 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, December 6, 2022.
The Planning Commissioners present or absent were as follows:
Present: Rocky Schneider, Maranda Tasa, John Gunkelman, Art Rosenberg, Dawn Morgan, Thomas Schmidt, Brett Shewey
Absent: Jennifer Holtz, Scott Stofferahn
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 Schmidt. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of November 1, 2022
Member Schmidt moved the minutes of the November 1, 2022 Planning Commission meeting be approved. Second by Member Tasa. All Members present voted aye and the motion was declared carried.
Member Morgan present.
Item C: Public Hearing Items
Item 1: Westrac Fourth Addition
Hearing on an application requesting a Plat of Westrac Fourth Addition (Minor Subdivision) a replat of part of Lots 2 and 3, Block 3, Westrac Second Addition, to the City of Fargo, Cass County, North Dakota. (Located at 2900, 2920, 2924, 2928, 2932, and 2936 Fiechtner Drive South) (LJS Investments, LLP/ Nate Vollmuth): APPROVED
Planning Coordinator Donald 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 approval be recommended to the City Commission of the proposed Subdivision Plat Westrac Fourth 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 Morgan. On call of the roll Members Tasa, Morgan, Schmidt, Shewey, Gunkelman, Schneider voted aye. Absent and not voting: Members Holtz, Rosenberg, and Stofferahn. The motion was declared carried.
Item 2: Dakota Air Parts Addition
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 2505 39 1/2 Avenue North; 3910 and 4020 25th Street North) (MACO Leasing Inc./Nate Vollmuth): APPROVED
Mr. Kress 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 Dakota Air Parts Addition, as outlined within the staff report, as the proposal complies with the Standards of Article 20-06, Sections 20-0907.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 Gunkelman, Shewey, Morgan, Schmidt, Tasa, and Schneider voted aye. Absent and not voting: Members Stofferahn, Rosenberg, and Holtz. The motion was declared carried.
Member Rosenberg present.
Item 3: Edition Fourth Addition
Hearing on an application requesting a Plat of Edition Fourth Addition (Minor Subdivision) a replat of Lot 1, Block 1, Edition Third Addition, to the City of Fargo, Cass County, North Dakota. (Located at 4803 and 4809 38th Street South) (Bluegrass Offices, LLC/Houston Engineering, Inc.): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Tasa moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Edition Fourth 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 Rosenberg. On call of the roll Members Schmidt, Morgan, Rosenberg, Gunkelman, Tasa, Shewey, and Schneider voted aye. Absent and not voting: Members Holtz and Stofferahn. The motion was declared carried.
Item 4: The District of Fargo Fifth Addition
Hearing on an application requesting a Plat of The District of Fargo Fifth Addition (Minor Subdivision) a replat of Lots 1 and 2, Block 1, The District of Fargo Fourth Addition to the City of Fargo, Cass County, North Dakota. (Located at 3788 and 3770 55th Avenue South) (RRCOM LL/Houston Engineering): APPROVED
Planner Luke Morman presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the retention pond location.
City Engineer Brenda 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 The District of Fargo Fifth Addition, as outlined within the staff report, as the proposal complies with the 2007 Growth Plan, the Standards of Section 20.0907.B&C and the Standards of Article 20-06 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 Tasa, Gunkelman, Rosenberg, Schmidt, Morgan, Shewey, and Schneider voted aye. Absent and not voting: Members Holtz and Stofferahn. The motion was declared carried.
Item 5: Land Development Code Text Amendment
Hearing on an application requesting a Text Amendment to amend Sections 20-0401, 20-0402, 20-0403, 20-1001, 20-1002, 20-1202, and 20-1203 of the Fargo Municipal Code (Land Development Code) relating to definitions, regulations, use standards, nonconformities, and references regarding adult entertainment centers and adult establishments. (City of Fargo): APPROVED
Planning and Development Assistant Director Mark Williams introduced the application and introduced Attorney Scott Bergthold to speak on behalf of the application. Mr. Williams noted all approval criteria have been met and staff is recommending approval. Additional information, including a printout of slides and a list of related court cases, was provided to Board Members.
Mr. Bergthold stated it has been over twenty years since the language of this section of the Fargo Land Development Code has been updated.
Discussion was held on the future rewrite of the Land Development Code, and if this section would be to be readdressed at that time.
Mr. Williams noted that this amendment would be a foundation for new language in the upcoming rewrite and this would assist towards some of the needed work in the future.
Discussion continued on the timing of addressing this section of the Land Development Code, if there was an acceptable amount of areas in town where adult establishments could be located, and the business buffer distance.
Mr. Bergthold indicated this amendment would clean up the language of this section in the Land Development Code, and that the 1250 foot buffer has been in place since 1998.
Planning and Development Director Nicole Crutchfield clarified that the text amendment before the Board is to clarify and define the definitions that are in the Land Development Code, and nothing is changing regarding regulations.
Further discussion was held on bike paths and if they were defined as recreation facilities, and if data was looked at regarding the location of bike paths in relation to the buffer for adult establishments.
Mr. Bergthold stated this amendment is to make sure we have updated language moving forward, and he noted a flash drive of the related cases he discussed is on file in the Planning and Development Department.
Additional discussion was held on the prioritization process of updating the Land Development Code, providing a sufficient number of allowable sites, but also providing a buffer, and the timing of updating this section.
Member Morgan moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Land Development Code Text Amendment to Sections 20-0401, 20-0402, and 20-1202 of the Fargo Municipal Code (Land Development Code) relating to definitions, regulations, use standards, nonconformities, and references regarding adult entertainment centers and adult establishments. Second by Member Rosenberg. On call of the roll Members Tasa, Gunkelman, Morgan, Rosenberg, and Schneider voted aye. Members Schmidt and Shewey voted nay. Absent and not voting: Members Stofferahn and Holtz. The motion was declared carried.
Item D: Other Items:
Item 1: Planned Unit Development Final Plan for Metropolitan Park 3rd Addition: APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the locations of parking, the detention pond, and dog park on site.
Applicant Representative Nate Vollmuth, Goldmark Design and Development, spoke on behalf of the application.
Member Schmidt moved the findings and recommendations of staff be accepted and the Planned Unit Development Final Plan for Lot 1, Block 1, Metropolitan Park Third Addition be approved, as outlined in the staff report, as the proposal complies with the 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 Tasa. On call of the roll Members Rosenberg, Gunkelman, Shewey, Morgan, Tasa, Schmidt, and Schneider voted aye. Absent and not voting: Members Holtz and Stofferahn. The motion was declared carried.
Item 2: Introduction to BLOC Mixed-Use development on the 1600 block of University Drive South.
Planning Coordinator Maegin Elshaug presented an introduction to the proposed BLOC mixed-use development. She noted this application is tentatively scheduled for the January 3, 2023 Planning Commission meeting. Ms. Elshaug shared that an open house meeting will be held this evening (December 6, 2022) at the Sky Commons Conference Center, from 5:00p.m. to 6:30p.m. for residents to provide input.
Applicant Jesse Craig provided a brief overview of the proposed project.
Discussion was held on University Drive traffic flow, pedestrian accommodations, how this plan aligns with the GO2030 Fargo Comprehensive Plan, and the plan for the current businesses onsite.
Ms. Derrig spoke on behalf of the Engineering Department regarding the pedestrian corridor and University Avenue right-of way.
Discussion continued regarding access from the side streets, sidewalk and neighborhood buffers, and the speed of traffic on University Drive.
Ms. Crutchfield encouraged residents to attend the meeting this evening and noted those unable to attend are able to send their comments to the Planning Department at Planning@FargoND.gov.
Item 3: 2023 Planning Commission Calendar
The 2023 Planning Commission meeting dates were provided in the packet. Chair Schneider noted a couple meeting dates will be held on Thursdays due to holidays.
Member Gunkelman moved to adjourn the meeting. Second by Member Schmidt. All Members present voted aye and the motion was declared carried.
The time at adjournment was 4:24 p.m.