Planning Commission - March 7, 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, March 7, 2023.
The Planning Commissioners present or absent were as follows:
Present: Rocky Schneider, Maranda Tasa, John Gunkelman, Art Rosenberg, Jennifer Holtz, Dawn Morgan, Thomas Schmidt
Absent: Brett Shewey, Scott Stofferahn
Chair Schneider called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Chair Schneider noted Item D.1 has been continued to April 4, 2023.
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 February 7, 2023
Member Morgan moved the minutes of the February 7, 2023 Planning Commission meeting be approved. Second by Member Schmidt. All Members present voted aye and the motion was declared carried.
Item C: Public Hearing Items:
Item 1: Erskines Addition
Continued hearing on an application requesting a Zoning Change to repeal and re-establish a Conditional Overlay on parts of Lots 1-6 and 8, and all of Lot 7, Block SS, Erskines Addition. (Located at 1117 and 1155 13th Avenue South) (Steve Stremick): DENIED
A Hearing had been set for February 7, 2023. At the February 7, 2023 meeting, the Hearing was continued to March 7, 2023. At the March 7, 2023 meeting, the Hearing was continued to this date and time.
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have not been met and staff is recommending denial.
Applicant Steve Stremick spoke on behalf of the application.
Discussion was held on the proposed sign height, the history of the sign, safety, and public input received on the application.
Resident Simone Wai, 514 10th Avenue South, spoke in opposition to the application, stating the scale of the sign is not appropriate to the building size, the area is residential not commercial, and the proposed height of the sign is not appropriate.
Discussion continued on the safety of drivers at the intersection, the location as the entrance to core neighborhoods, neighborhood quality, and what is currently allowed regarding the sign.
Member Morgan moved the findings and recommendations of staff be accepted and denial be recommended to the City Commission of the proposed Zoning Change to repeal and re-establish a C-O, Conditional Overlay of Ordinance 4692, as the proposal does not comply with all the Standards of Section 20-0906.F (1-4) of the Land Development Code. Second by Member Holtz. On call of the roll Members Tasa, Morgan, Schmidt, Gunkelman, Holtz, and Schneider voted aye. Member Rosenberg voted nay. Absent and not voting: Members Stofferahn and Shewey. The motion was declared carried.
Item 2: Adams Seventh Addition
Hearing on an application requesting a Zoning Change from GC, General Commercial with a CUP, Conditional Use Permit to LI, Limited Industrial with a C-O, Conditional Overlay on Lot 1, Block 2, Adams Seventh Addition. (Located at 2865, 2955, 2959, 2963, 2967, 2971, 2975, 2979, 2983, 2987, 2991, 3825, 3829, 3833, 3837, 3841, 3845, 3849, 3853, 3857, and 3861 Thunder Road South) (Essjay Thunder Road, LLC/Josh Benson): APPROVED
Planner Luke Morman presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the residential protection buffer condition, outside storage, and fencing requirements.
Applicant Josh Benson spoke on behalf of the application.
Member Tasa moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Zone Change from GC, General Commercial, to LI, Limited Industrial, with a C-O, Conditional Overlay, as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the 2003 Growth 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, with the following conditions for the Conditional Overlay:
Prohibited Uses:
• Detention Facility
• Adult Establishment
• Off-Premise Advertising Signs
• Aviation/Surface Transportation
• Portable Signs
1. A residential protection buffer per the Residential Protection Standards of Section 20-0704.E is required on sides facing residential use.
2. Off-street parking, loading, vehicular circulation areas, and outdoor storage shall have an all-weather surface. No gravel, crushed concrete, or similar material is permitted.
3. 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.
4. Loading docks, stacked storage above 6 feet in height, storage yards, outdoor storage, and dumpsters shall have a setback of 50 feet from the right-of-way and include an 8 foot opaque fence.
5. 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.
6. The manufacturing, production, or processing of hazardous chemicals or materials shall not be permitted.
Second by Member Rosenberg. On call of the roll Members Gunkelman, Holtz, Morgan, Schmidt, Rosenberg, Tasa, and Schneider voted aye. Absent and not voting: Members Stofferahn and Shewey. The motion was declared carried.
Item 3: Amended Plat of Oak Grove Addition
Hearing on an application requesting a Zoning Change from SR-2, Single-Dwelling Residential, SR-3, Single Dwelling Residential, MR-2, Multi-Dwelling Residential, and AG, Agricultural to P/I, Public and Institutional on portions of Lots 1-4 and all of Lots 5-17 and 19-49, Block 1; portions of Lots 5 and 9, and all of Lots 6-8, Block 3; all of Lots 17-43 and portion of Lot 16, Block 4; all of Lots 1-15 and 17-25, and a portion of Lot 16, Block 5; Lots 1-41, Block 6; Lots 1-35, Block 7; Blocks E, F, G, and H, and vacated portions of North Terrace North; Amended Plat of Oak Grove Addition. (Located at 18, 24, 26, 40, 42, 44, 46, 60, 62, 64, 66, 68, 70, 92, 94, 96, 98, 100, 110, 118, and 124 North Terrace North; 723 and 724 North River Road North; 9 Lower Terrace North; 17, 23, 27, 31, 33, 37, 41, 45, 49, 53, 63, 65, 75, 79, 83, 87, 88, 93, 95, 99, 125, 129, 135, 136, 139, 140, 144, and 145 South Terrace North; 101, 150, and 170 Maple Street North; and 1 River Road North) (Oak Grove Lutheran School/Fargo Park District/City of Fargo/Zerr Berg Architects): APPROVED
Planning Coordinator Maegin Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval. She noted a public open house was held February 23, 2023.
Discussion was held on the included areas, trails and connectivity in the area, and the nearby historic overlay.
Applicant Representative, Dave Leker, Fargo Park District, spoke on behalf of the application.
Discussion continued on the potential to expand the trails, the boundaries of the school property, and how this proposed zone change affects the proposed Institutional Master Plan.
Member Schmidt moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Zone Change from SR-2, Single-Dwelling Residential, SR-3, Single-Dwelling Residential, and MR-2, Mutli-Dwelling Residential, to P/I, Public and Institutional, as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Core Neighborhoods 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 Gunkelman. On call of the roll Members Schmidt, Morgan, Rosenberg, Holtz, Gunkelman, Tasa, and Schneider voted aye. Absent and not voting: Members Shewey and Stofferahn. The motion was declared carried.
Item 4: Amended Plat of Oak Grove Addition
Hearing on an Institutional Master Plan on Lots 30-43, Block 4; Lots 1-25, Block 5; and vacated portions of North Terrace North, Amended Plat of Oak Grove Addition. (Located at 110, 118, and 124 North Terrace North; 88 and 136 South Terrace North) (Oak Grove Lutheran School/Zerr Berg Architects): APPROVED
Ms. Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval. She noted a public open house was held February 23, 2023.
Discussion was held on what an Institutional Master Plan is, the proposed plans for the site, and parking and traffic impacts.
Oak Grove Lutheran School President Bob Otterson, and Brian Berg, Zerr Berg Architects, spoke on behalf of the application.
Discussion continued on the location of the football field, the flood wall, and the potential for bike trails on the property.
Member Gunkelman moved to accept the findings and recommendations of staff and approve the Institutional Master Plan as outlined in the staff report, contingent on approval of the Zone Change to P/I, Public and Institutional for the subject properties, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Standards of Section 20-0911.E (1-3) 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, Gunkelman, Holtz, Schmidt, Morgan, Schneider voted aye. Absent and not voting: Members Stofferahn and Shewey. The motion was declared carried.
Item D: Other Items:
Item 1: Duanes Pizza Addition
Continued hearing on an application requesting a PUD, Planned Unit Development, Final Plan within the boundaries of 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 APRIL 4, 2023
A Hearing had been set for January 3, 2023. At the January 3, 2023 meeting, the Hearing was continued to this February 7, 2023. At the February 7, 2023 meeting, the Hearing was continued to this date and time; however the applicant has requested this application be continued to April 4, 2023.
Item 2: Review of proposed annexation of portions of Sections 15 and 22, Township 140 North, Range 49 West.
Assistant Planning and Development Director Mark Williams presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the annexation process, the included area, interstate right-of-way, the excluded area not being annexed, and access to city utilities.
City Engineer Brenda Derrig spoke on behalf of the Engineering Department.
Discussion continued on the zoning of the property.
Member Rosenberg moved the findings and recommendations of staff be accepted and the Planning Commission find that the proposed annexation is consistent with the 2007 Growth Plan. Second by Member Tasa. On call of the roll Members Rosenberg, Gunkelman, Holtz, Morgan, Tasa, Schmidt, and Schneider voted aye. Absent and not voting: Members Stofferahn and Shewey. The motion was declared carried.
Member Rosenberg moved to adjourn the meeting. Second by Member Tasa. All Members present voted aye and the motion was declared carried.
The time at adjournment was 4:10 p.m.