Planning Commission

Planning Commission - August 1, 2023

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 1, 2023.

The Planning Commissioners present or absent were as follows:

Present: Maranda Tasa, John Gunkelman, Scott Stofferahn, Art Rosenberg, Jennifer Holtz, Thomas Schmidt, Brett Shewey

Absent: Rocky Schneider, Dawn Morgan

Vice Chair Tasa called the meeting to order.

Business Items:
Item A: Approve Order of Agenda
Member Holtz 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 July 6, 2023
Member Schmidt moved the minutes of the July 6, 2023 Planning Commission meeting be approved. Second by Member Shewey. All Members present voted aye and the motion was declared carried.

Item C: Public Hearing Items:

Item 1: Interstate Business District Addition
1a. Hearing on an application referred from the July 10, 2023 City Commission meeting requesting a Growth Plan Amendment on the proposed Interstate Business District Addition from Residential Area, Lower-to-Medium Density, Commercial, and Proposed Park to Industrial and Commercial. Application originally considered by the Planning Commission on June 6, 2023. (Located at 4753 45th Street North and 4269 40th Avenue North) (North Fargo Land, LLC; ARD Properties, LLC/Tony Eukel, MBN Engineering): APPROVED

1b. Hearing on an application referred from the July 10, 2023 City Commission meeting requesting a Zoning Change from AG, Agricultural and LI, Limited Industrial with a C-O, Conditional Overlay to LI, Limited Industrial with a C-O, Conditional Overlay, GC, General Commercial with a C-O, Conditional Overlay, and P/I, Public and Institutional on the proposed Interstate Business District Addition. Application originally considered by the Planning Commission on June 6, 2023. (Located at 4753 45th Street North and 4269 40th Avenue North) (North Fargo Land, LLC; ARD Properties, LLC/Tony Eukel, MBN Engineering): APPROVED

1c. Hearing on an application referred from the July 10, 2023 City Commission meeting requesting a Plat of Interstate Business District Addition (Major Subdivision) a plat of a portion of the West Half of Section 15, Township 140 North, Range 49 West, of the Fifth Principal Meridian, to the City of Fargo, Cass County, North Dakota. Application originally considered by the Planning Commission on June 6, 2023. (Located at 4753 45th Street North and 4269 40th Avenue North) (North Fargo Land, LLC; ARD Properties, LLC/Tony Eukel, MBN Engineering): APPROVED
Planning Coordinator Donald Kress presented the staff report providing an overview of updates and stating all approval criteria have been met and staff is recommending approval.

Discussion was held regarding barriers and set-backs, the possibility of a restrictive use overlay, landscaping and proposed tree line, traffic and safety, the growth plan, and shared concerns from the April 20, 2023 neighborhood meeting.

City Engineer Tom Knakmuhs, spoke on behalf of the Engineering Department.

Applicant Representatives, Lee Grossman, SW&L Attorneys, Tom Nelson, Swan Real Estate, and Nate Vollmuth, Goldmark Design & Development, spoke on behalf of the application.

Brief discussion was held regarding allowable business types in the LI, Limited Industrial zoning district.

The following Reile’s Acres residents spoke in opposition to the application stating the following concerns: previous denial reasons of the application, decreased property values, buffer distance, the type, location, and timeline of trees to be planted, zoning that will be allowed in the Fargo ET, Extraterritorial Jurisdiction area to the North, the need for residential zoning on the North side of Fargo, ability to have residential next to the interstate, types of businesses allowed, environmental and health impacts, EPA regulations, safety, noise, and traffic.

Paula Peterson, 4314 45 Street North
Mariia Goriacheva, 4534 39 Avenue North
Josh Morrell, 4534 39 Avenue North
Kyla DuBord, 4106 45 Street North

At 4:01 p.m., the Board took a five-minute recess.

After recess: All members present except Members Schneider and Morgan. Vice Chair Tasa presiding.

Public comment continued with the following Reile’s Acres residents:

Thomas Krantz, City of Reile’s Acres Council Member, 4563 38 1/2 Avenue North
Gail Prudhomme, 4302 45 Street North
Tim Hager, City of Reile’s Acres Council Member, 4641 38 1/2 Avenue North

Mr. Kress spoke on the role of the Planning Commission and the Planning Department, and the plan review process.

Assistant Planning Director Mark Williams additionally spoke on the plan review process.

Mr. Kress clarified that Lot 2 and Lot 8 would be zoned P/I, Public and Institutional.

Mr. Duda and Mr. Grossman spoke further on the application.

Discussion continued regarding the permit review process, the C-O, Conditional Overlay, and the proposed zoning.

Mr. Kress and Mr. Williams further clarified the permit review process.

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 from Residential Area, Lower to Medium Density, Commercial, and Proposed Park to Industrial and Commercial, 2) Zoning Change from AG, Agricultural and LI, Limited Industrial with a C-O, Conditional Overlay to LI, Limited Industrial with a C-O, Conditional Overlay, GC, General Commercial with a C-O, Conditional Overlay, and P/I, Public and Institutional, and 3) Subdivision Plat Interstate Business District Addition, as outlined within the staff report, as the proposal complies with the 2007 Growth Plan, the Standards of Article 20-06, and Section 20-0906.F(1-4), Section 20-0905(H), and Section 20-0907.C of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Stofferahn.

Further discussion was held regarding the permitting process, the growth plan, set-backs, proposed zoning of Lot 9, and location of the water main easement.

Member Shewey moved to amend the original motion to include a Zone Change of Lot 9 from LI, Limited Industrial, to GC, General Commercial. Second by Member Stofferahn. On call of the roll Members Stofferahn and Shewey voted aye. Members Holtz, Rosenberg, Schmidt, Tasa, and Gunkelman voted nay. Absent and not voting Members Schneider and Morgan. The motion failed for a lack of majority.

Action on the original motion:
On call of the roll Members Rosenberg, Schmidt, Stofferahn, Tasa, and Gunkelman voted aye. Members Holtz and Shewey voted nay. Absent and not voting Members Schneider and Morgan. The motion was declared carried.

Item 2: Laverne’s Third Addition
Hearing on an application requesting a Plat of Laverne’s Third Addition (Minor Subdivision) a replat of Lots 5-8, Block 2, Laverne’s Second Addition, to the City of Fargo, Cass County, North Dakota. (Located at 2812, 2880, 2924, and 2984 42nd Street North) (Laverne Indy, LLC/Houston Engineering, Inc.): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.

Nate Vollmuth, spoke as a resident, stating this is a large industrial area kitty corner to Reile’s Acres.

Member Schmidt moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Laverne’s Third Addition, as outlined within the staff report, as the proposal complies with the 2007 Growth 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 Stofferahn. On call of the roll Members Gunkelman, Holtz, Shewey, Stofferahn, Schmidt, Rosenberg, and Tasa voted aye. Absent and not voting: Members Schneider and Morgan. The motion was declared carried.

Item 3: Timber Parkway Tenth Addition
Hearing on an application requesting a Plat of Timber Parkway Tenth Addition (Minor Subdivision) a replat of Lot 2, Block 1, Timber Parkway Fifth Addition to the City of Fargo, Cass County, North Dakota. (Located at 5161 Charles Way South) (First International Bank & Trust/Christianson Companies): APPROVED
Planner Luke Morman presented the staff report stating all approval criteria have been met and staff is recommending approval.

Discussion was held regarding Charles Way and access to Timber Parkway.

Member Shewey moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Timber Parkway Tenth Addition, as outlined within the staff report, as the proposal complies with the 2001 Growth 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 Stofferahn. On call of the roll Members Schmidt, Gunkelman, Stofferahn, Rosenberg, Holtz, Tasa and Shewey voted aye. Absent and not voting: Members Schneider and Morgan. The motion was declared carried.

Item 4: 45th Street Park Third Addition
Hearing on an application requesting a Conditional Use Permit to allow manufacturing and production in the GC, General Commercial zoning district on Lot 2, Block 1, 45th Street Park Third Addition. (Located at 200 and 300 45th Street South) (West 45th Development/Goldmark Design and Development): APPROVED
Mr. Morman presented the staff report stating all approval criteria have been met and staff is recommending approval.

Discussion was held regarding the location of the application, and limiting the amount of square footage to be used as manufacturing and production.

Mr. Williams clarified the coverage of the Conditional Use Permit.

Applicant Representative Nate Vollmuth, Goldmark Design and Development, spoke on behalf of the application.

Further discussion was held regarding the conditions of the permit, the type of manufacturing and production, allowable space to be used for manufacturing and production, building design, and the project fitting the use allowed at the site.

Mr. Williams spoke on the options of the Planning Commission regarding this application.

Member Schmidt moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow manufacturing and production uses in the GC, General Commercial zoning district be approved, 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:

Prohibited Uses:
• Detention Facility
• Adult Establishment
• Aviation/Surface Transportation
• Off-Premise Advertising
• Portable Signs

1. 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.

2. 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.

3. Outdoor storage and truck parking areas within 500 feet of residentially zoned properties shall have an opaque fence or landscape buffers as required per the Residential Protection Standards in order to sufficiently screen.

4. Dumpsters must contain permanent walls on three (3) sides with the service opening not directly facing any public right-of-way. The fourth side shall incorporate a metal gate to visually screen the dumpster or compactor.

5. The manufacturing, production, or processing of hazardous chemicals or materials shall not be permitted.

6. Any expansion of the manufacturing and production 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 manufacturing and production uses cease for a period of more than 12 consecutive months.

Second by Member Holtz. On call of the roll Members Tasa, Gunkelman, Stofferahn, Holtz, and Schmidt voted aye. Members Rosenberg and Shewey voted nay. Absent and not voting: Members Schneider and Morgan. The motion was declared carried.

Item 5: 45th Street Park Fifth Addition
Hearing on an application requesting a Conditional Use Permit to allow manufacturing and production in the GC, General Commercial zoning district on Lot 2, Block 1, 45th Street Park Fifth Addition. (Located at 400 45th Street South) (West 45th Development/Goldmark Design and Development): APPROVED
Mr. Morman presented the staff report stating all approval criteria have been met and staff is recommending approval.

Applicant Representative Nate Vollmuth, Goldmark Design and Development, spoke on behalf to the application.

Brief discussion was held on the area the CUP, Conditional Use Permit, would apply.

Prohibited Uses:
• Detention Facility
• Adult Establishment
• Aviation/Surface Transportation
• Off-Premise Advertising
• Portable Signs

1. 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.

5. The manufacturing, production, or processing of hazardous chemicals or materials shall not be permitted.

6. Any expansion of the manufacturing and production 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 manufacturing and production uses cease for a period of more than 12 consecutive months.

Second by Member Gunkelman. On call of the roll Members Schmidt, Tasa, Gunkelman, Holtz, and Stofferahn voted aye. Members Shewey and Rosenberg voted nay. Absent and not voting: Members Schneider and Morgan. The motion was declared carried.

Item 6: Wentz Addition
Hearing on an application requesting a Zoning Change from SR-2, Single-Dwelling Residential to SR-3, Single-Dwelling Residential on Lot 16, Block 6, Wentz Addition. (Located at 2320 22nd Street South) (Rob Lugert): APPROVED
Planner Brad Garcia presented the staff report stating all approval criteria have been met and staff is recommending approval.

Member Rosenberg moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Zoning Change from SR-2, Single-Dwelling Residential to SR-3, Single-Dwelling Residential as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive 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 Stofferahn. On call of the roll Members Rosenberg, Holtz, Shewey, Gunkelman, Stofferahn, Tasa and Schmidt voted aye. Absent and not voting: Members Schneider and Morgan. The motion was declared carried.

Item 7: Buchholz Addition
Hearing on an application requesting a Plat of Buchholz Addition (Minor Subdivision) a replat of Lots 4-6, Block 11, Industrial Subdivision No.1, and part of Lot 25, Hector’s Subdivision, to the City of Fargo, Cass County, North Dakota including a subdivision waiver for drain setback. (Located at 1330 43rd Street North and 1301 45th Street North) (Mark Buchholz/Buchholz Properties): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.

Discussion was held regarding the number of lots, and the parking lot location.

Applicant Mark Buchholz spoke on behalf of the application.

Member Gunkelman moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Buchholz Addition, as outlined within the staff report, as the proposal complies with the 2007 Growth Plan, 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, Tasa, Rosenberg, Gunkelman, Stofferahn, Schmidt, and Holtz voted aye. Absent and not voting: Members Schneider and Morgan. The motion was declared carried.

Item 8: Golden Valley Second Addition
Hearing on an application requesting a Conditional Use Permit to allow Group Living in the SR-4, Single Dwelling Residential zoning district on Lot 7, Block 1, Golden Valley Second Addition. (Located at 2545 69th Avenue South) (Jordahl Custom Homes/A Place to Call Home Care, LLC): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted a laydown item of additional comments received from residents was provided to the Board.

Discussion was held regarding the number of people allowed to live in a single family dwelling without needing a permit, maximum number of residents allowed, and parking requirements.

Applicant Representative Gisselle Ishimwe, A Place to Call Home Care LLC, spoke on behalf of the application.

Further discussion was held regarding if anyone will live there permanently, number of staff, resident behavior, resident transportation to appointments, visitors, parking, number of vehicles on site, and the permitting process.

Fire Marshall Ryan Erickson, spoke on behalf of the Fire Department.

Applicant Representative Heather Hanson, Keller Williams Inspire Realty, spoke on behalf of the application.

Mr. Williams spoke on behalf of the Planning Department and the permitting process.

Ms. Hanson continued speaking on behalf of the application.

Discussion continued regarding if the home was built specifically for this, the permitting process, and parking requirements.

The following neighborhood residents spoke in opposition to the application stating the following concerns: amount of adjacent homeowners being notified, negative impact on property values, number of vehicles on site, frequency of visitors, allowing a business in a residential area, number of bedrooms in the home, number of onsite staff, possible increase in emergency vehicles in the area, neighborhood and resident safety, and the criteria for the application.

Dan Berglind, 2610 Golden Lane South
Edie Holcomb, 2561 69 Avenue South

The Board inquired if the neighborhood residents had documentation of the covenants for the Home Owners Association.

Golden Valley Home Owners Association representative Mike Strobel, 2741 Golden Valley Parkway South, spoke in opposition to the application and noted the covenants could be provided at a later date.

Public comment continued with the following neighborhood resident’s opposition concerns: this is a single-family neighborhood, the proposed use not fitting the current home owner’s association covenants, distance of the property owner notifications, and safety.

Harold Rodenbiker, 2594 Golden Lane South
Gary Schepp, 2580 Golden Lane South
Edie Holcomb, 2561 69 Avenue South

Mr. Kress clarified the process for property owner notification letters.
Member Schmidt moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow group living in the SR-4, Single-Dwelling Residential zoning district on Lot 7, Block 1, Golden Valley Second Addition be approved, as outlined within the staff report, 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 condition:

1. If the property is transferred, the new owner must apply for a new Conditional Use Permit in order to continue the group living use.

Second by Member Holtz.

Further discussion was held regarding the proposed location of this project, parking and vehicle storage, the permitting process, effect on housing values, and the builder’s responsibility in the permitting processes.

On call of the roll Members Stofferahn, Shewey, Tasa, Schmidt, and Holtz voted aye. Members Rosenberg and Gunkelman voted nay. Absent and not voting: Members Schneider and Morgan. The motion was declared carried.

Member Rosenberg 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 6:13 p.m.