Planning Commission - July 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, July 5, 2022.
The Planning Commissioners present or absent were as follows:
Present: Rocky Schneider, Maranda Tasa, John Gunkelman, Scott Stofferahn, Art Rosenberg, Jennifer Holtz, Dawn Morgan, Thomas Schmidt, Brett Shewey
Absent: None
Chair Schneider called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Chair Schneider noted Items 1a and 1b have been continued to August 2, 2022. He also noted the adding of an Item D.1 to the Agenda to discuss a Joint Planning/Engineering Overview of Upcoming Projects.
New Planning Commissioner Brett Shewey was introduced to the Board.
Assistant City Attorney Alissa Farol provided an overview of the Extra Territorial Board Members for the Planning Commission that are appointed by the Cass County Commission.
Member Tasa moved the Order of Agenda be approved as presented. Second by Member Gunkelman. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of June 7, 2022
Member Stofferahn moved the minutes of the June 7, 2022 Planning Commission meeting be approved. Second by Member Schmidt. 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.): CONTINUED TO AUGUST 2, 2022
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.): CONTINUED TO AUGUST 2, 2022
A hearing had been set for June 7, 2022. At the June 7, 2022 meeting, the Hearing was continued to this date and time; however, the applicant has requested this item be continued to August 2, 2022.
Item 2: Valley View Addition
2a. Hearing on an application requesting a Zoning Change from MR-3, Multi-Dwelling Residential to LC, Limited Commercial with a C-O, Conditional Overlay on Lot 1, Block 7, Valley View Addition. (Located at 3900 54th Street South) (Brookstone Property/Lowry Engineering): APPROVED
2b. Hearing on an application requesting a Growth Plan Amendment on Lot 1, Block 7, Valley View Addition from low/medium or medium/high density residential land use to commercial or medium/high density residential land use. (Located at 3900 54th Street South) (Brookstone Property/Lowry Engineering): APPROVED
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant representative Brian Kounovsky spoke on behalf of the application.
Discussion was held on the plan for the adjacent property, the delay in developing this property, and the amendment to the Growth Plan.
Mr. Kress and Planning and Development Director Nicole Crutchfield spoke on developing, evaluating, and amending Growth Plans.
Discussion continued on the limitations of Fargo expansion in the south, and the distance of property owner notifications.
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 to amend the 2003 Southwest Future Land Use Plan from “Low/Medium or Medium/High Density Residential” land use to Commercial or Medium/High Density Residential” land use, and 2) Zone Change from MR-3, Multi-Dwelling residential to LC, Limited Commercial with a C-O, Conditional Overlay as outlined with in the staff report as the proposal complies with the GO2030 Fargo Comprehensive Plan, the 2003 Southwest Future Land Use Plan, Section 20-0906.F (1-4), Section 20-0905.H 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 Gunkelman, Holtz, Shewey, Stofferahn, Morgan, Schmidt, Rosenberg, Tasa, and Schneider voted aye. The motion was declared carried.
Item 3: Urban Plains by Brandt Fifth 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 Lot 4, Block 1, Urban Plains by Brandt Fifth Addition. (Located at 2901 Uptown Way South) (Midwest Fidelity Partners, LLC/Houston Engineering): APPROVED
Planning Coordinator Maegin Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the history of the Conditional Overlay and the reasoning for the change.
Ms. Elshaug stated the owner is requesting the change.
Ms. Crutchfield spoke on the Urban Plains overlay standards.
Discussion continued on the allowed uses of limited vehicle service use.
Applicant Representative Brian Pattengale spoke on behalf of the application.
Further discussion was held on the access to the property, the original vision of Uptown Way, pedestrian activity and walkability, and transportation planning, and how a car wash would fit in this area.
City Engineer Brenda Derrig spoke on behalf of the Engineering Department. She noted that Uptown Way is a private road.
Discussion continued on environmental noise, residential protection standards, the current allowed uses of the Conditional Overlay and the proposed use for the site.
Ms. Elshaug noted that no inquiries were received on this application.
Member Morgan moved to deny the application, stating it doesn’t meet the vision that had been promoted for this development.
The motion died for lack of a second.
Member Stofferahn moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Zone Change to repeal and reestablish 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 2003 Southwest Future Land Use 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 Tasa. On call of the roll Members Stofferahn, Rosenberg, Gunkelman, Tasa, Shewey, and Schneider voted aye. Members Schmidt, Morgan, and Holtz voted nay. The motion was declared carried.
At 3:59 p.m., the Board took a five-minute recess.
After Recess: All Members present.
Item E: Other Items:
Item 1: Joint Planning/Engineering Overview of Upcoming Projects
Ms. Crutchfield and Ms. Derrig gave a presentation on Planning and Engineering project updates.
Member Gunkelman moved to adjourn the meeting. Second by Member Stofferahn. All Members present voted aye and the motion was declared carried.
The time at adjournment was 4:46 p.m.