Planning Commission - December 5, 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, December 5, 2023.
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
Absent: Brett Shewey
Chair Schneider called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Chair Schneider noted Item 1 has been continued to January 2, 2024 and Item 4 has been withdrawn.
Member Gunkelman moved the Order of Agenda 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 November 7, 2023
Member Holtz moved the minutes of the November 7, 2023 Planning Commission meeting be approved. Second by Member Rosenberg. All Members present voted aye and the motion was declared carried.
Item C: Public Hearing Items:
Item 1: Replat of Block 5 of Southview Villages Addition
Hearing on application requesting a Conditional Use Permit to allow group living in the SR-2, Single-Dwelling Residential zoning district on Lot 5, Block 5B, Replat of Block 5 of Southview Villages Addition. (Located at 2401 South Flickertail Drive South) (The 2011 Kevin & Sara Alto Living Trust): CONTINUED TO JANUARY 2, 2024
A Hearing had been set for this date and time; however the applicant has requested this application be continued to January 2, 2024.
Member Morgan present.
Item 2: Parks Third Addition
Hearing on an application requesting a Conditional Use Permit to reduce Telecommunication Support Structure (TSS) setback requirements for telecommunications facility uses in a LC, Limited Commercial zoning district on a portion of Lot 1, Block 1, Parks Third Addition. (Located at 2525 33rd Avenue South) (Terrapact Digital Asset, LLC/Houston Engineering): APPROVED
Planner Brad Garcia presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the history of the setback requirement.
Planning and Development Assistant Director Mark Williams shared that the requirement was implemented when the current Land Development Code was implemented.
Applicant representative Brian Pattengale spoke on behalf of the application.
Member Stofferahn moved to accept the findings of staff and the Conditional Use Permit to reduce Telecommunication Support Structure (TSS) setback requirements for telecommunications facility uses in a LC, Limited Commercial zoning district on a portion of Lot 1, Block 1, Parks Third Addition, be approved, as outlined within the staff report, as the proposal complies with 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) The height of a Telecommunication Support Structure (TSS) shall be 50 feet in height or less.
2) The setback from residentially-zoned property for a Telecommunication Support Structure (TSS) shall be reduced to a minimum of 120 feet.
3) The base of the Telecommunication Support Structure (TSS) must be enclosed by an opaque fence or wall of at least 6 feet in height and of a character necessary to provide adequate visual screening and to limit access to the Telecommunication Support Structure (TSS).
4) The Conditional Use Permit shall terminate if the use terminates for a period of 12 months.
Second by Member Tasa. On call of the roll Members Holtz, Gunkelman, Stofferahn, Morgan, Schmidt, Rosenberg, Tasa, and Schneider voted aye. Absent and not voting: Member Shewey. The motion was declared carried.
Item 3: Cityside Addition
3a. Hearing on an application requesting a Zoning Change from MR-3, Multi-Dwelling Residential to DMU, Downtown Mixed Use on the proposed Cityside Addition. (Located at 202, 208, 210, and 212 6th Avenue North; 509, 511, and 515 3rd Street North) (Sterling Properties LLLP/Goldmark): APPROVED
3b. Hearing on an application requesting a Plat of Cityside Addition (Major Subdivision) a replat of Lots 2-7, Block 31, and a vacation of a portion of the public alley within Block 31, Keeney and Devitts Second Addition to the City of Fargo, Cass County, North Dakota. (Located at 202, 208, 210, and 212 6th Avenue North; 509, 511, and 515 3rd Street North) (Sterling Properties LLLP/Goldmark): 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 the background of the application.
Applicant representative Patrick Vesey, Goldmark, spoke on behalf of the application.
Member Holtz moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Zoning Change from MR-3, Multi-Dwelling Residential to DMU, Downtown Mixed-Use and 2) Subdivision Plat Cityside Addition, including Vacation of Right-of-Way, as outlined within the staff report, as the proposal complies with the Standards of Article 20-06, Section 20-0907.C, and Section 20-0906.F (1-4) of the Land Development Code, and all other applicable requirements of the Land Development Code and of North Dakota Century Code Chapter 40-39. Second by Member Rosenberg. On call of the roll Members Morgan, Schmidt, Gunkelman, Stofferahn, Tasa, Rosenberg, Holtz, and Schneider voted aye. Absent and not voting: Member Shewey. The motion was declared carried.
Item 4: Gamma Fargo Addition
4a. Hearing on an application requesting a Zoning Change from LC, Limited Commercial to GC, General Commercial on Lots 1-3, Block 1, Gamma Fargo Addition and a portion of Lot 1, Block 1, Pracs Second Addition. (Located at 4951 and 4837 Amber Valley Parkway South; 4800, 4820, and 4840 23rd Avenue South) (Comstock Services, LLC): WITHDRAWN
4b. Hearing on an application requesting a Conditional Use Permit to allow manufacturing, production, and warehouse uses in the GC, General Commercial zoning district on Lots 1-3, Block 1, Gamma Fargo Addition and a portion of Lot 1, Block 1, Pracs Second Addition. (Located at 4837 and 4951 Amber Valley Parkway South; 4800, 4820, and 4840 23rd Avenue South) (Comstock Services, LLC): WITHDRAWN
A Hearing had been set for this date and time; however the applicant has requested this application be withdrawn.
Item 5: The Pines at the District Fifth Addition
Hearing on an application requesting a Plat of The Pines at the District Fifth Addition (Minor Subdivision) a replat of Lot 1, Block 2, The Pines at the District Addition, to the City of Fargo, Cass County, North Dakota. (Located at 4265 53rd Avenue South) (Landco Fargo, LTD/Goldmark Commercial): APPROVED
Assistant Planner Alayna Espeseth 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 The Pines at the District Fifth Addition, as outlined within the staff report, as the proposal complies with the Adopted 2007 Tier 1 Southwest 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 Schmidt. On call of the roll Members Tasa, Gunkelman, Morgan, Schmidt, Holtz, Stofferahn, Rosenberg, and Schneider voted aye. Absent and not voting: Member Shewey. The motion was declared carried.
Item D: Other Items:
Item 1: Downtown InFocus Presentation
Director of Planning and Development Nicole Crutchfield thanked those that participated in the discussions last month and provided an overview of the Downtown InFocus plan report card of goals and activities.
Discussion was held on inclusive growth downtown, the homeless population, affordability of living downtown, and missing downtown services.
Ms. Crutchfield shared a vision for downtown and the need to recognize gaps in the full picture.
Discussion continued on the size of dwellings, being family friendly, the relationship between the core neighborhoods and downtown, and downtown project updates.
It was noted that comments from the public can still be submitted and this item will come before the Planning Commission in January for recommendation to the City Commission.
Item 2: FM Regional Housing Study Presentation
Ms. Crutchfield gave an overview of the study and noted comments and feedback can be submitted over the next couple weeks and this item will come back to the Planning Commission in January for recommendation to the City Commission.
Discussion was held on next steps and a timeline for implementation.
Item 3: Fargo Growth Plan Update
Ms. Crutchfield presented an update on the Fargo Growth Plan process.
Planning Coordinator Kim Citrowske shared that more meetings will be happening in workgroups with the consultants next week.
Discussion was held on the content to be reviewed at the upcoming meetings.
Member Schmidt 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 4:15 p.m.