Planning Commission - January 3, 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, January 3, 2023.
The Planning Commissioners present or absent were as follows:
Present: Rocky Schneider, Maranda Tasa, John Gunkelman, Art Rosenberg, Jennifer Holtz, Thomas Schmidt, Dawn Morgan, Brett Shewey
Absent: Scott Stofferahn
Chair Schneider called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Member Morgan moved the Order of Agenda be approved as presented. Second by Member Tasa. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of December 6, 2022
Member Schmidt moved the minutes of the December 6, 2022 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: Cass County Corrections 2nd Addition
Hearing on an application requesting a Plat of Cass County Corrections 2nd Addition (Major Subdivision) a replat of Lot 1, Block 1, and Lot 1, Block 2, Cass County Corrections Addition; Lot 4, Block 1, Westrac Third Addition, and part of the Southwest Quarter of Section 11, Township 139 North, Range 49 West of the Fifth Principal Meridian, to the City of Fargo, Cass County, North Dakota including a Vacation of a portion of 28th Street South. (Located at 450 34th Street South; 502 28th Street South; 3309 Westrac Drive South) (Cass County Government/Houston Engineering): APPROVED
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held regrading utilities on the property.
Applicant representatives, Mike Love, Houston Engineering, and Robert Wilson, Cass County Administrator, 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 Subdivision Plat Cass County Corrections 2nd Addition, including vacation of right-of-way, as outlined within the staff report, as the proposal complies with the Standards of Article 20-06 and Sections 20-0907.C of the Land Development Code, and all other applicable requirements of the Land Development Code, and of the North Dakota Century Code Chapter 40-39. Second by Member Shewey. On call of the roll Members Holtz, Tasa, Morgan, Schmidt, Rosenberg, Shewey, Gunkelman, and Schneider voted aye. Absent and not voting: Member Stofferahn. The motion was declared carried.
Item 2: Duane’s Pizza Addition
2a. Hearing on an application requesting a Zoning Change from SR-2, Single-Dwelling Residential, SR-3, Single-Dwelling Residential, and Limited Commercial to LC, Limited Commercial with a PUD, Planned Unit Development Overlay on the proposed 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 WITH CONDITIONS
2b. Hearing on an application requesting a PUD, Planned Unit Development Master Land Use Plan and Final Plan within the boundaries of the proposed 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): CONTINUED TO FEBRURY 7, 2023
2c. Hearing on an application requesting a Plat of Duane’s Pizza Addition (Minor Subdivision) a replat of Lots 1-8, less the vacated right-of-way and Lots 9-16, Block 28, Morton & Doty’s Addition to the City of Fargo, Cass County, North Dakota. (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 WITH CONDITIONS
Planning Coordinator Maegin Elshaug presented the staff report. She noted additional written resident comments and the draft PUD, Planned Unit Development, ordinance were provided to the Board.
Traffic Engineer Jeremy Gordon spoke on behalf of the Engineering Department.
Discussion was held on traffic, drive-thru access, bike and pedestrian travel in the corridor, timeline of the project, and traffic light configuration.
Ms. Elshaug continued presenting the staff report stating all approval criteria have been met and staff is recommending approval with conditions.
Discussion continued on the conditions of approval, density and scope of the project, and drive-thru stacking and vehicular circulation.
Applicant Jesse Craig, Craig Development, spoke on behalf of the application.
Further discussion was held on changes made to the project since it was first presented at the Neighborhood Open House held December 6, 2022, and pet facility amenities.
Resident Kimberly Kemppanion, 1014 16th Avenue South, spoke on affordable housing, University Avenue traffic and safety impacts, parking lot size and greenspace, and the impact on the current businesses.
Mr. Gordon provided additional information on the traffic impact and pedestrian crossings.
Member Gunkelman moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Zoning Change from SR-2, Single-Dwelling Residential, SR-3, Single-Dwelling Residential, and LC, Limited Commercial, to LC, Limited Commercial, with a PUD, Planned Unit Development Overlay, 2) PUD, Planned Unit Development, Master Land Use Plan, and 3) Subdivision Plat, Duane’s Pizza Addition, as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Core Neighborhoods Plan, the Standards of Article 20-06, Section 20-0906.F(1-4), and Section 20-0908.B(7) of the Land Development Code, and all other applicable requirements of the Land Development Code, with the following conditions:
• Confirmation of PUD, Planned Unit Development ordinance and updated Master Plan as applicable prior to moving forward to City Commission.
• Additional information provided by applicant regarding traffic to analyze trip generation, to be reviewed by and subject to approval by City Traffic Engineer.
• Resolution of private utility issues prior to moving forward to City Commission, subject to City Engineer approval.
• Confirmation of amenities plan for subdivision to be confirmed by Planning and Engineering Department staff.
And, to continue the PUD, Planned Unit Development, Final Plan with the following conditions:
• Civil site plan, landscape plan, elevation plans, and building materials are received and reviewed by staff against PUD, Planned Unit Development ordinance.
• Amenities and design requirements reviewed by staff against PUD, Planned Unit Development ordinance.
• Hearing at Planning Commission prior to building permit issuance.
Second by Member Rosenberg. On call of the roll Members Gunkelman, Holtz, Shewey, Morgan, Schmidt, Rosenberg, Tasa, and Schneider voted aye. Absent and not voting: Member Stofferahn. The motion was declared carried.
At 4:03 p.m., the Board took a five-minute recess.
After recess: All Members present except Member Stofferahn. Chair Schneider presiding.
Item D: Other Items:
Item 1: Presentation by Inspections Director and Inspections Staff - Code Enforcement and Rental Program
Shaun Ouradnik, Inspections Director introduced himself and provided a brief overview of the presentation.
Code Enforcement Inspectors Laura Langdahl and Greg Conlin gave a presentation on their roles and duties, and an overview of the complaint process.
Discussion was held on preventing blighted home situations.
Mr. Ouradnik provided an overview and presentation of the Rental Program, and introduced Rental Inspectors, Lynne Olson, Isaiah Bodensteiner, and Bill Thompson, who provided examples of the inspections they perform.
Discussion was held on the process of turning a property into a rental property, rental inspections process, updating the ordinances related to rentals, and life safety code compliance.
Item 2: Presentation by MetroCOG staff – Red River Greenway Study
Dan Farnsworth and Ari Del Rosario, MetroCOG, provided a brief presentation on the Red River Greenway Study.
Discussion was held on surface materials and maintenance, making the connections between jurisdictions, and funding.
MetroCOG consultant, Terry Minarik, Confluence, spoke briefly on trail surfaces.
Member Schmidt moved to adjourn the meeting. Second by Member Rosenberg. All Members present voted aye and the motion was declared carried.
The time at adjournment was 5:19 p.m.