Planning Commission - July 6, 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., Thursday, July 6, 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, Brett Shewey
Absent: None
Chair Schneider called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Member Rosenberg 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 June 6, 2023
Member Schmidt moved the minutes of the June 6, 2023 Planning Commission meeting be approved. Second by Member Stofferahn. All Members present voted aye and the motion was declared carried.
Chair Schneider shared that the City of Fargo is in the middle of the Growth Plan process. Assistant Director of Planning and Development Mark Williams noted that a survey for residents can be found at www.fargogrowthplan.org.
Member Morgan present.
Item C: Public Hearing Items:
Item 1: EOLA Addition
1a. Continued hearing on an application requesting a Zoning Change from GC, General Commercial with a PUD, Planned Unit Development to GC, General Commercial, with an amended PUD, Planned Unit Development overlay on Lots 1-2, Block 1, EOLA Addition and on the proposed EOLA Second Addition. (Located at 4410, 4415, 4448, 4470, 4471, and 4474 24th Avenue South; 4417 and 4477 26th Avenue South) (Epic Companies/EOLA Landholdings, LLC/MAKT LLC): APPROVED
1b. Continued hearing on an application requesting an application for a PUD, Planned Unit Development Master Land Use Plan amendment on Lots 1-2, Block 1, EOLA Addition and on the proposed EOLA Second Addition. (Located at 4410, 4415, 4448, 4470, 4471, and 4474 24th Avenue South; 4417 and 4477 26th Avenue South) (Epic Companies/EOLA Landholdings, LLC/MAKT LLC): APPROVED
1c. Continued hearing on an application requesting a Plat of EOLA Second Addition (Major Subdivision) a replat of Lots 1-5, Block 2, EOLA Addition and part of Lot 1, Block 1, Anderson Park Second Addition, to the City of Fargo, Cass County, North Dakota, including a waiver for a reduced street Right-of-Way. (Located at 4410, 4448, 4470, and 4474 24th Avenue South; 4417 and 4477 26th Avenue South; 4200 23rd Avenue South) (Epic Companies/EOLA Landholdings, LLC/MAKT LLC): APPROVED
A hearing had been set for June 6, 2023. At the June 6, 2023 meeting, the Hearing was continued to this date and time.
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 public streets, size of right-of-way, and sidewalk width.
Member Morgan declared for transparency that she is the President of the Fargo Park Board.
Member Stofferahn moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Zoning Change from GC, General Commercial with a PUD, Planned Unit Development Overlay to GC, General Commercial with an amended PUD, Planned Unit Development Overlay, 2) amended PUD, Planned Unit Development Master Land Use Plan, and 3) Subdivision Plat EOLA Second Addition, including a waiver for a reduced street Right-of-Way, as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Standards of Article 20-06, Section 20-0907.C, Section 20-0907.D.3(a-c), 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, contingent on approval by the Fargo Park Board. Second by Member Holtz. On call of the roll Members Holtz, Rosenberg, Morgan, Schmidt, Stofferahn, Tasa, Shewey, Gunkelman, and Schneider voted aye. The motion was declared carried.
Item 2: Airport Second Addition
Hearing on an application requesting a Conditional Use Permit to allow residential living in the LC, Limited Commercial zoning district on part of Lot 2, and all of Lot 3, Block 1, Airport Second Addition. (Located at 1919 University Drive North) (JPR Investments, LLC #14/Goldmark Design & Development): APPROVED
Ms. Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the former use of the first floor space, the amount of space remaining as commercial, site modifications, and parking requirements.
Applicant representative Nate Vollmuth spoke on behalf of the application.
Member Gunkelman moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow residential living in the LC, Limited Commercial zoning district 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. Up to 94 units within the existing building.
2. Expansion of building or expansion and/or change of use may require additional review by the Planning Commission.
3. At least 1,200 square feet internal to the building must remain as commercial space.
Second by Member Schmidt. On call of the roll Members Gunkelman, Holtz, Shewey, Stofferahn, Morgan, Schmidt, Rosenberg, Tasa, and Schneider voted aye. The motion was declared carried.
Item 3: 46th Avenue Industrial Park Addition
3a. Hearing on an application requesting a Zoning Change from AG, Agricultural to LI, Limited Industrial on the proposed 46th Avenue Industrial Park Addition. (Located at 3336 52nd Avenue North) (County 20 Storage & Transfer, Inc. /Lowry Engineering): APPROVED
3b. Hearing on an application requesting a Plat of 46th Avenue Industrial Park Addition (Major Subdivision) a plat of a portion of the South half of the Northwest Quarter of Section 14, Township 140 North, Range 49 West of the Fifth Principal Meridian, to the City of Fargo, Cass County, North Dakota. (Located at 3336 52nd Avenue North) (County 20 Storage & Transfer, Inc. /Lowry 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 on future street locations and connections, and proposed plans for the site.
Applicant representative Andrew Thill, Lowry Engineering, spoke on behalf of the application.
Discussion continued on the growth plan for the area, and proximity to the sewage lagoons and airport.
City Engineer Brenda Derrig spoke on behalf of the Engineering Department.
Member Shewey moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Zoning Change from AG, Agricultural to LI, Limited Industrial, and 2) Subdivision Plat 46th Avenue Industrial Park Addition, as outlined within the staff report, as the proposal complies with the 2007 Growth Plan, the Standards of Article 20-06, Section 20-0906.F (1-4), Section 20-0907.C of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Morgan. On call of the roll Members Morgan, Schmidt, Gunkelman, Stofferahn, Rosenberg, Holtz, Tasa, Shewey, and Schneider voted aye. The motion was declared carried.
Item 4: University South 4th Addition
4a. Hearing on an application requesting a Zoning Change from MR-3, Multi-Dwelling Residential with a C-O, Conditional Overlay, to MR-3, Multi-Dwelling Residential with a C-O, Conditional Overlay and GC, General Commercial, with a C-O, Conditional Overlay on the proposed University South Fourth Addition. (Located at 1376 Oak Manor Avenue South) (Beyond Shelter Housing, LLC. /Houston Engineering): APPROVED
4b. Hearing on an application requesting a Plat of University South Fourth Addition (Minor Subdivision) a replat of Lot 1, Block 1, University South Second Addition to the City of Fargo, Cass County, North Dakota. (Located at 1376 Oak Manor Avenue South) (Beyond Shelter Housing, LLC. /Houston Engineering): APPROVED
Planner Brad Garcia presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted that an updated memo of conditions in the C-O, Conditional Overlay, was provided to the Board.
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 with a C-O, Conditional Overlay to MR-3, Multi-Dwelling Residential with a C-O, Conditional Overlay and GC, General Commercial with a C-O, Conditional Overlay and 2) Subdivision Plat University South 4th Addition, as outlined within the staff report, as the proposal complies with the Adopted Area Plan, the Standards of Article 20-06, Section 20-0906.F (1-4), 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 Tasa, Gunkelman, Stofferahn, Holtz, Rosenberg, Morgan, Shewey, Schmidt, and Schneider voted aye. The motion was declared carried.
Item 5: Village West Fourth Addition
Hearing on an application requesting a Plat of Village West Fourth Addition (Minor Subdivision) a replat of part of Lots 5-6, Block 1, Village West Addition, to the City of Fargo, Cass County, North Dakota. (Located at 902 40th Street South) (Christianson Companies): APPROVED
Planner Luke Morman 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 Village West Fourth Addition, as outlined within the staff report, as the proposal complies with 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 Schmidt, Shewey, Morgan, Tasa, Gunkelman, Holtz, Stofferahn, Rosenberg, and Schneider voted aye. The motion was declared carried.
Item D: Other Items:
Item 1: Annexation of approximately 14.20 acres of a portion of the Southwest Quarter of the Northwest Quarter of Section 14, Township 140 North, Range 49 West, of the Fifth Principal Meridian, Cass County, North Dakota.: APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Gunkelman moved to find that the proposed annexation of a portion of the Northwest Quarter of Section 14, Township 140 North, Range 49 West of the Fifth Principal Meridian, Cass County, North Dakota to be consistent with the 2007 Growth Plan. Second by Member Morgan. On call of the roll Members Rosenberg, Holtz, Shewey, Morgan, Gunkelman, Stofferahn, Tasa, Schmidt, and Schneider voted aye. The motion was declared carried.
Item 2: Annexation of approximately 80.40 acres of portions of the Southwest Quarter of Section 28, the Southeast Quarter of Section 29, and the Northeast Quarter of Section 32, Township 140 North, Range 49 West, of the Fifth Principal Meridian, Cass County, North Dakota.: APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the West Fargo lift station located in the property.
Ms. Derrig spoke on behalf of the Engineering Department.
Member Tasa moved to find that the proposed annexation of portions of the Southwest Quarter of Section 28, the Southeast Quarter of Section 29, and the Northeast Quarter of Section 32, Township 140 North, Range 49 West of the Fifth Principal Meridian, Cass County , North Dakota to the consistent with the 2007 Growth Plan. Second by Member Stofferahn. On call of the roll Members Shewey, Tasa, Rosenberg, Gunkelman, Morgan, Stofferahn, Schmidt, Holtz, and Schneider voted aye. The motion was declared carried.
Assistant Director of Planning and Development Mark Williams provided an overview of the Growth Plan process and gave a brief walk-through of the http://www.Fargogrowthplan.org website. He further encouraged residents to complete the survey.
Discussion was held on the effects of the ongoing housing study on the growth plan process, and methods being used to distribute information and connect with residents.
Member Stofferahn 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 3:53 p.m.