Planning Commission - June 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., Tuesday, June 6, 2023.
The Planning Commissioners present or absent were as follows:
Present: Rocky Schneider, Maranda Tasa, John Gunkelman, Scott Stofferahn, Art Rosenberg, Dawn Morgan, Brett Shewey
Absent: Jennifer Holtz, Thomas Schmidt
Chair Schneider called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Chair Schneider noted Item 2 has been continued to July 6, 2023.
Member Morgan 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 May 2, 2023
Member Shewey moved the minutes of the May 2, 2023 Planning Commission meeting be approved. Second by Member Stofferahn. All Members present voted aye and the motion was declared carried.
Item C: Public Hearing Items:
Item 1: Interstate Business District Addition
1a. Continued hearing on an application 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. (Located at 4753 45th Street North and 4269 40th Avenue North) (North Fargo Land, LLC; ARD Properties, LLC/Tony Eukel, MBN Engineering): DENIED
1b. Continued hearing on an application 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. (Located at 4753 45th Street North and 4269 40th Avenue North) (North Fargo Land, LLC; ARD Properties, LLC/Tony Eukel, MBN Engineering): DENIED
1c. Continued hearing on an application 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. (Located at 4753 45th Street North and 4269 40th Avenue North) (North Fargo Land, LLC; ARD Properties, LLC/Tony Eukel, MBN Engineering): DENIED
A Hearing had been set for May 2, 2023. At the May 2, 2023 meeting, the Hearing was continued to this date and time.
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. He noted additional documents were provided to the board including an updated C-O, Conditional Overlay, updated plat, and an additional comment from a resident. Mr. Kress noted a community meeting was held on May 18.
Discussion was held on the proposed buffers, fence height, and the location of the extra-territorial areas.
Applicant Trent Duda spoke on behalf of the application, highlighting the changes he has made to the project.
Assistant City Engineer Tom Knakmuhs and Fire Marshall Ryan Erickson spoke on behalf of the Engineering and Fire Departments, proving information on access and fire code requirements.
Applicant Representatives Nate Vollmuth, Goldmark Design, and Tom Nelson, Swan Real Estate, spoke on behalf of the application.
Discussion continued on the location site and frequency and timing of the concrete crushing.
The following Reile’s Acres residents spoke in opposition to the application stating the following concerns: health concerns over air quality, the proposed zoning of LI, Limited Industrial, decreased property value, time before trees would be grown to shield the view, view of Fargo as an entrance to the City, environmental impacts, safety, noise, and applicant representation at the community meetings.
Paula Peterson, 4314 45 Street North
Jerome Koble, 4442 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 ten-minute recess.
After Recess: All members present except Members Holtz and Schmidt. Chair Schneider presiding.
Relators Justin Berg and Shane Cullen provided information on the New Haven development in Reile’s Acres, and concerns voiced from prospective buyers.
Discussion was held on if other areas of town near concrete crushing facilities were experiencing turnover in properties.
Mr. Vollmuth spoke on the portion of the property he is representing and shared the location of other concrete crushing facilities in the proximity of this property.
The following Reile’s Acres residents spoke in opposition to the application stating the following concerns: the type of industrial businesses that would be allowed in the area, applicant representation at the community meeting, buffer on the south and north portions of the property, control of concrete dust, and the LI, Limited Industrial zoning district.
Wyatt Kram, 4518 47 Street North
Jim Prudhomme, 4302 45 Street North
Gary Opp, Opp Construction, 4111 40 Avenue North
Thomas Krantz, City of Reile’s Acres Council Member, 4563 38 ½ Avenue North
Discussion was held on the City of Reile’s Acres change of position on this project, the location of the extraterritorial boundaries of Fargo and Reile’s Acres, setting a precedent for future development in the area, and if the concrete dust is environmentally regulated.
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 LO, 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 Rosenberg. On call of the roll Members Rosenberg, Tasa, and Gunkelman voted aye. Members Morgan, Stofferahn, Shewey, and Schneider voted nay. Absent and not voting: Members Holtz and Schmidt .The motion failed for a lack of majority.
Discussion continued on city versus rural living, the inevitability of growth and change, and best use of this land.
Member Stofferahn moved the findings and recommendations of staff be denied and denial 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 LO, 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. Second by Member Morgan. On call of the roll Members Shewey, Morgan, Stofferahn, and Schneider voted aye. Members Tasa, Gunkelman, and Rosenberg voted nay. Absent and not voting: Members Holtz and Schmidt. The motion was declared carried.
Mr. Kress noted Commissioners need to note which criteria is not met to recommend denial.
Which criteria is the motion for denial – not consistent with the surrounding land uses and the long term sustainability of the city.
Member Stofferahn moved the findings and recommendations of staff be denied and denial 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 LO, 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 does not comply with the surrounding land uses and the long term sustainability of the City. Second by Member Shewey. On call of the roll Members Shewey, Morgan, Stofferahn, and Schneider voted aye. Members Rosenberg, Gunkelman, and Tasa voted nay. Absent and not voting: Members Holtz and Schmidt. The motion was declared carried.
Item 2: EOLA Second Addition
2a. 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): CONTINUED TO JULY 6, 2023
2b. 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): CONTINUED TO JULY 6, 2023
2c. 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): CONTINUED TO JULY 6, 2023
Item 3: Section 36, Township 140 North, Range 49 West
Hearing on an application requesting a Conditional Use Permit to allow a temporary Telecommunication Support Structure (TSS) within the P/I, Public and Institutional zoning district on Section 36, Township 140 North, Range 49 West. (Located at 1310 17th Avenue North) (North Dakota State University/Terra Consulting Group; AT&T Wireless): APPROVED
Planner Brad Garcia presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was on the appearance of the structure, estimated timeline of the temporary structure, and other structures on the current water tower.
Applicant Representative Hugh Bealka, spoke on behalf of the application.
Member Gunkelman moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow a Telecommunications Support Structure (TSS) of less than 125 feet in the P/I, Public and Institutional zoning district be approved as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, Section 20-0402.N(3), Section 20-0909.D(1-6) of the Land Development Code, and all other applicable requirements of the Land Development Code, with the following condition:
1. The Telecommunications Support Structure (TSS) shall be 100 feet or less in height.
Second by Member Stofferahn. On call of the roll Members Morgan, Gunkelman, Stofferahn, Rosenberg, Tasa, Shewey, and Schneider voted aye. Absent and not voting: Members Holtz and Schmidt. The motion was declared carried.
Item D: Other Items:
Item 1: Review of a Renewal Plan for the property located at 502 8th Street South
Director of Strategic Planning and Development Jim Gilmour presented an overview of the Renewal Plan.
Applicant Dave Noah, spoke on the proposed plan for the site.
Discussion was held on ownership of the property, and row-homes.
Member Rosenberg moved to recommend to the City Commission that the proposed Renewal Plan is consistent with the GO2030 Comprehensive Plan of the City of Fargo. Second by Member Morgan. On call of the roll Members Tasa, Gunkelman, Stofferahn, Rosenberg, Morgan, Shewey, and Schneider voted aye. Absent and not voting: Members Holtz and Schmidt. The motion was declared carried.
Member Rosenberg moved to adjourn the meeting. Second by Member Stofferahn. All Members present voted aye and the motion was declared carried.
The time at adjournment was 5:04 p.m.