Planning Commission - April 4, 2023 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, April 4, 2023.
The Planning Commissioners present or absent were as follows:
Present: Maranda Tasa, John Gunkelman, Art Rosenberg, Jennifer Holtz, Dawn Morgan, Thomas Schmidt, Brett Shewey
Absent: Rocky Schneider, Scott Stofferahn
Vice Chair Tasa 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 7, 2023
Member Holtz moved the minutes of the March 7, 2023 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: Radio Addition
Hearing on an application requesting a Conditional Use Permit to allow industrial service uses in the GC, General Commercial zoning district on Lots 8, 9, and 10, Block 1, Radio Addition. (Located at 5710, 5750, and 5770 53rd Avenue South) (Four Horsemen, LLC/Rice Companies, Inc.): APPROVED WITH CONDITIONS
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on off-premise advertising, location of the application, surrounding property uses, and water drainage.
Planning and Development Director Nicole Crutchfield spoke on the Conditional Use Permit conditions and the process of the Commission if they wanted to add a condition.
Discussion continued regarding adding a condition to not allow off-premise advertising.
Member Gunkelman moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow industrial service use on Lots 8, 9, and 10, Block 1, Radio Addition be approved as outlined within the staff report, with the addition of a condition to not allow off-premise advertising, as the proposal complies with the 2007 Growth Plan, the Standards of Section 20-0909.D of the Land Development Code, 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 Land Development Code.
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 the industrial service use, other than the future building addition indicated on the site plan, 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.
8. Off-premise advertising shall not be allowed.
Second by Member Morgan. On call of the roll Members Holtz, Rosenberg, Morgan, Schmidt, Shewey, Gunkelman, and Tasa voted aye. Absent and not voting: Members Stofferahn and Schneider. The motion was declared carried.
Item 2: Radio Second Addition
Hearing on an application requesting a Plat of Radio Second Addition (Major Subdivision) a replat of Lots 1-10, Block 1, Radio Addition to the City of Fargo, Cass County, North Dakota and a vacation of part of 53rd Avenue South lying westerly of the west right-of-way line of Veterans Boulevard. (Located at 5709, 5710, 5729, 5739, 5750, 5759, 5769, 5770, 5789, 5790 53rd Avenue South) (Four Horseman, LLC/MBN Engineering, Inc.): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the private drive and access to the property, and the size of the easement and paved road.
Applicant Representative Tony Eukel, MBN Engineering, spoke on behalf of the application.
Member Rosenberg moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Radio Second 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 Shewey. On call of the roll Members Gunkelman, Holtz, Shewey, Morgan, Schmidt, Rosenberg, and Tasa voted aye. Absent and not voting: Members Schneider and Stofferahn. The motion was declared carried.
Item D: Other Items:
Item 1: Continued hearing on an application requesting a PUD, Planned Unit Development, Final Plan within the boundaries of Duane’s Pizza Addition. (Located at 1601, 1605, 1615, 1617, 1619, 1621, 1623, 1627, and 1629 University Drive South; 1602, 1606, 1610, 1614, 1618, 1622, and 1626 13 ½ Street South; 1321 17th Avenue South) (BLOC Partners, LLC/Craig Development, LLC): APPROVED
A Hearing had been set for January 3, 2023. At the January 3, 2023 meeting, the Hearing was continued to this February 7, 2023. At the February 7, 2023 meeting, the Hearing was continued March 7, 2023. At the March 7, 2023 meeting, the Hearing was continued to this date and time.
Planner Brad Garcia presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on walking paths and the drive-thru’s.
Ms. Crutchfield spoke on the location of the proposed path along University Drive.
Member Rosenberg moved the findings and recommendations of staff be accepted and the PUD, Planned Unit Development Final Plan for Duane’s Pizza Addition be approved, as outlined within the staff report, as the proposal complies with the PUD, Planned Unit Development, Master Land Use Plan, Section 20-0918.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 Morgan, Schmidt, Gunkelman, Rosenberg, Holtz, Shewey, and Tasa voted aye. Absent and not voting: Members Schneider and Stofferahn. The motion was declared carried.
Item 2: Planning Commission review of a Renewal Plan for the property located in the 600 Block of NP Avenue North: APPROVED
Strategic Planning and Research Director Jim Gilmour provided a brief presentation of the renewal plan.
Discussion was held on the boundaries of the renewal plan, the Planning Commissions role in renewal plans, and the phases and developers of the project.
Member Morgan moved to recommend to the City Commission that the proposed Renewal Plan is consistent with the GO2030 Comprehensive Plan of the City of Fargo and the Downtown InFocus Plan. Second by Member Rosenberg. On call of the roll Members Gunkelman, Holtz, Rosenberg, Morgan, Shewey, Schmidt, and Tasa voted aye. Absent and not voting: Member Stofferahn and Schneider. The motion was declared carried.
Member Rosenberg moved to adjourn the meeting. Second by Member Gunkelman. All Members present voted aye and the motion was declared carried.
The time at adjournment was 3:39 p.m.