Planning Commission - May 3, 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, May 3, 2022.
The Planning Commissioners present or absent were as follows:
Present: John Gunkelman, Rocky Schneider, Scott Stofferahn, Jennifer Holtz, Dawn Morgan, Art Rosenberg, Thomas Schmidt
Absent: Maranda Tasa
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 Stofferahn.
Chair Schneider noted he would like to add an item D.1 to the agenda for a staff report.
Member Gunkelman moved the Order of Agenda as amended be approved as presented. Second by Member Stofferahn. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of April 5, 2022
Member Holtz moved the minutes of the April 5, 2022 Planning Commission meeting be approved. Second by Member Stofferahn. All Members present voted aye and the motion was declared carried.
Item C: Public Hearing Items
Item 1: MHB Guardian Addition
1a. Hearing on an application requesting a Zoning Change from DMU, Downtown Mixed-Use to DMU, Downtown Mixed-Use and P/I, Public and Institutional on the proposed MHB Guardian Addition. (Located at 1 2nd Street South) (City of Fargo): APPROVED
1b. Hearing on an application requesting a Plat of MHB Guardian Addition (Major Subdivision) a replat of Lot 2, Block 4, North Dakota R2 Urban Renewal Addition to the City of Fargo, Cass County, North Dakota. (Located at 1 2nd Street South) (City of Fargo): 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 which area was being rezoned, access points, and signage.
Applicant representative Brian Kounovsky, Epic Companies, spoke on behalf of the application.
Discussion continued on sign regulations in the DMU, Downtown Mixed-Use zoning district.
Planning and Development Assistant Director Mark Williams provided information on the Fargo Sign Code.
Planning and Development Director Nicole Crutchfield noted the zoning is only changing on Lot 2, and Lot 1 is already zoned DMU, Downtown Mixed-Use.
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 DMU, Downtown Mixed-Use to DMU, Downtown Mixed-Use and P/I, Public and Institutional, and 2) Subdivision Plat MHB Guardian Addition as outlined within the staff report, as the proposal complies with the Downtown InFocus Plan, the GO2030 Fargo Comprehensive Plan, Section 20-0906.F (1-4), the Standards of Article 20-06 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 Holtz, Morgan, Schmidt, Stofferahn, Rosenberg, Gunkelman, and Schneider voted aye. Absent and not voting: Member Tasa. The motion was declared carried.
Item 2: Richard 3rd Subdivision
Hearing on an application requesting a Conditional Use Permit to allow industrial services and warehouse and freight movement uses in the GC, General Commercial zoning district on Lot 2, Block 1, Richard 3rd Subdivision. (Located at 6121 53rd Avenue South) (Sheyenne Commercial Condos, LLC): APPROVED
Planner Luke Morman presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on Fargo’s city limits.
City Engineer Brenda Derrig and Mr. Williams clarified the location of the city limits.
Member Stofferahn moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow Industrial Service and warehouse uses 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) and all other applicable requirements of the Land Development Code, with the following conditions:
1) 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. All garbage containers, including dumpsters, shall be concealed from public view by fence, screen wall or building extension.
2) No outdoor storage of equipment or supplies.
3) 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 LDC.
4) The manufacturing, production, or processing of food and/or animal products shall not be permitted.
5) The manufacturing, production, or processing of hazardous chemicals or materials shall not be permitted.
6) Any expansion of industrial service or warehouse uses shall require an amendment to the Conditional Use Permit with review and approval by the Planning Commission.
7) The Conditional Use Permit shall terminate if all industrial uses cease for a period of more than 12 consecutive months.
Second by Member Holtz. On call of the roll Members Gunkelman, Holtz, Stofferahn, Morgan, Schmidt, Rosenberg, and Schneider voted aye. Absent and not voting: Member Tasa. The motion was declared carried.
Item 3: Sanford Addition
Hearing on an application requesting an Institutional Master Plan for the Fargo Sports Complex on Lot 1, Block 2, Sanford Addition. (Located at 6100 38th Street South) (Fargo Parks District/Confluence): 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 background of Institutional Master Plans, parking requirements in the P/I, Public and Institutional zoning district, public transportation, and facility users.
Applicant representative Tyler Kirchner spoke on behalf of the application.
Discussion continued on parking, timelines, and pedestrian walkability and safety.
Ms. Derrig stated that the frontage road beside the Interstate will be going away.
Member Schmidt noted that his employer is the architect for the project.
The Board members noted they did not have an issue with Member Schmidt voting on this application, or with Member Morgan due to her position on the Park Board.
Member Rosenberg moved the findings and recommendations of staff be accepted and the Institutional Master Plan be approved as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Standards of Section 20-0911.E (1-3) 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 Morgan, Schmidt, Stofferahn, Rosenberg, Holtz, Gunkelman, and Schneider voted aye. Absent and not voting: Member Tasa. The motion was declared carried.
Item 4: Prairie Crossing Addition
Hearing on an application requesting a Conditional Use Permit for a waiver of Section 20-0402.I.2 on Lot 21, Block 13, Prairie Crossing Addition. (Located at 3910 25th Street South) (Larry Nygard/Rhet Fiskness): APPROVED
Mr. Morman presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on Section 20-0402.I.2 and the 10 acre requirement.
Mr. Williams provided a history.
Applicant Larry Nygard spoke on behalf of the application.
Discussion continued on the projected time this location would be used as a school.
Member Rosenberg moved the findings and recommendations of staff be accepted and the Conditional Use Permit to waive Section 20-0402.I.2 in the Land Development Code (LDC) to be exempt from the minimum base site area for schools in SR, Single-Dwelling and MR, Multi-Dwelling zoning districts, as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, 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. Any expansion of the school use will require an amendment to the Conditional Use Permit with review and approval by the Planning Commission.
2. The Conditional Use Permit will cease if the land use changes from a school for a period of more than 12 consecutive months.
3. The Conditional Use Permit shall terminate upon sale or transfer of the property.
Second by Member Schmidt. On call of the roll Members Gunkelman, Stofferahn, Holtz, Rosenberg, Schmidt, Morgan, and Schneider voted aye. Absent and not voting: Member Tasa. The motion was declared carried.
Item 5: Mehl First Addition
Hearing on an application requesting a Conditional Use Permit for a waiver of Section 20-0402.I.2 on a portion of Lot 1, Block 2, Mehl First Addition. (Located at 2506 35th Avenue South) (Larry Nygard/Rhet Fiskness): APPROVED
Mr. Morman presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the ownership of the building.
Applicant Larry Nygard spoke on behalf of the application.
Member Gunkelman moved the findings and recommendations of staff be accepted and the Conditional Use Permit to waive Section 20-0402.I.2 in the Land Development Code (LDC) to be exempt from the minimum base site area for schools in SR, Single-Dwelling and MR, Multi-Dwelling zoning districts, as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, 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. Any expansion of the school use will require an amendment to the Conditional Use Permit with review and approval by the Planning Commission.
2. The Conditional Use Permit will cease if the land use changes from a school for a period of more than 12 consecutive months.
3. The Conditional Use Permit shall terminate upon sale or transfer of the property.
Second by Member Holtz. On call of the roll Members Schmidt, Morgan, Gunkelman, Holtz, Stofferahn, Rosenberg, and Schneider voted aye. Absent and not voting: Member Tasa. The motion was declared carried.
Item D: Staff Report
Director of Planning and Development Nicole Crutchfield spoke on how the Planning Commission can engage more productively and share information, such as the previously held Brown Bag meetings in the past, and opened the floor for Board conversation.
The Board discussed time options to hold these conversations, and noted the importance of bringing topics forward to discuss, and getting in a pattern of reviewing information.
Chair Schneider noted he would reach out to Board members to obtain their feedback and preferences.
Ms. Crutchfield shared that she presented the Planning Department’s work plan to the City Commission at a Brown Bag meeting on February 14. She encouraged Board Members to watch the video available on the City of Fargo website.
Discussion continued on the City of Fargo sign code, regulations, and free speech.
Chair Schneider proposed a possible future topic to discuss the process the City goes through to disperse public property.
The time at adjournment was 4:20 p.m.