Planning Commission - May 2, 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, May 2, 2023.
The Planning Commissioners present or absent were as follows:
Present: Rocky Schneider, John Gunkelman, Scott Stofferahn, Art Rosenberg, Jennifer Holtz, Dawn Morgan, Brett Shewey
Absent: Maranda Tasa, Thomas Schmidt
Chair Schneider called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Member Holtz 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 April 4, 2023
Member Shewey moved the minutes of the April 4, 2023 Planning Commission meeting be approved. Second by Member Morgan. All Members present voted aye and the motion was declared carried.
Item C: Public Hearing Items:
Item 1: Veterans Industrial Park Addition
1a. Hearing on an application requesting a Zoning Change from AG, Agricultural to LI, Limited Industrial, on the proposed Veterans Industrial Park Addition. (Located at 5385 19th Avenue North) (EagleRidge Development/Elwood Brand): APPROVED
1b. Hearing on an application requesting a Plat of Veterans Industrial Park Addition (Major Subdivision) a plat of a portion of Southwest Quarter of Section 28, Township 140 North, Range 49 West, of the Fifth Principal Meridian, to the City of Fargo, Cass County, North Dakota. (Located at 5385 19th Avenue North) (EagleRidge Development/Elwood Brand): APPROVED
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Rosenberg present.
Discussion was held regarding the extraterritorial area of Fargo, potential use, and infrastructure.
Applicant Ian Bullis, EagleRidge Development, spoke on behalf of the application.
Brief discussion was held regarding potential use and the proposed zoning.
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 AG, Agricultural to LI, Limited Industrial, and 2) Subdivision Plat Veterans Industrial Park Addition, as outlined within the staff report, as the proposal complies with the 2007 Growth Plan, the Standards of Article 20-06, and Sections 20-0906.F(1-4), Section 20-0907.C, and Section 20-0907.D.3(a-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 Holtz, Rosenberg, Morgan, Stofferahn, Shewey, Gunkelman, and Schneider voted aye. Absent and not voting: Members Schmidt and Tasa. The motion was declared carried.
Item 2: Interstate Business District Addition
2a. 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): CONTINUED TO JUNE 6, 2023
2b. 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): CONTINUED TO JUNE 6, 2023
2c. 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): CONTINUED TO JUNE 6, 2023
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held regarding the Growth Plan, the process of making amendments to the Growth Plan, and the change of land use designation.
Planning and Development Assistant Director Mark Williams spoke on the prior plans for the land, and the difficulty of developing land for residential use adjacent to the interstate.
Further discussion was held regarding the involvement of Reile’s Acres in the process, the City of Fargo extraterritorial process, zoning of the areas by Reile’s Acres, other places in Fargo that LI, Limited Industrial abuts residential, and buffers and set backs on the property.
City Engineer Brenda Derrig spoke on behalf of the Engineering Department.
Discussion continued regarding the location of driveways for the property, the possibility of Lots 3 through 7 being GC, General Commercial, and environmental and noise concerns.
Applicant Trent Duda, Earthworks Services and ARD Properties, spoke on behalf of the application. He provided a brief history of this property between his development company and the City of Reile’s Acres.
Additional discussion continued regarding the choice of LI, Limited Industrial instead of GC, General Commercial, if there was an option to put in a C-O, Conditional Overlay on the street facing side, types of business allowed, the bridge over the drain, how zoning would affect the sale of the lots, maintenance of 45th street, and the Growth Plan.
Applicant representative Nate Vollmuth spoke on behalf of the application.
Cass County Engineer Jason Benson spoke on behalf of the Cass County Highway Department.
Further discussion was held regarding road access, safety, traffic, future development, wear and tear on the road, and road maintenance.
The following Reile’s Acres residents spoke in opposition to the application stating the following concerns: the proposed buffer, traffic, safety, noise, air quality, environmental impacts, decreased property value, and the choice of LI, Limited Industrial, instated of GC, General Commercial zoning.
Paula Peterson, 4314 45 Street North
Jerome Koble, 4442 45 Street North
Mike Lestina, 4406 45 Street North
Kyla DuBord, 4106 45 Street North
Wyatt Kram, 4518 47 Street North
Jim Prudhomme, 4302 45 Street North
Lucas Kreklau, 3600 50 Street North
Gail Prudhomme, 4302 45 Street North
Discussion continued regarding other areas in the City of Fargo where LI, Limited Industrial zoning exists near residential zoning, the possibility of making the C-O, Conditional Overlay more restrictive, what view we want people to have coming into the City from the interstate, traffic concerns, and the option of continuing the application to allow the developer and the citizens of Reile’s Acres to have further discussions.
At 4:30 p.m., the Board took a ten-minute recess.
After Recess: All members present except Members Tasa and Schmidt. Chair Schneider presiding.
Member Rosenberg moved to continue the application to the June 6, 2023 Planning Commission meeting to come up with a plan that addresses 45th Street, and allow the developer and the residents of Reile’s Acres to possibly come to a compromise. Second by Member Shewey. On call of the roll Members Gunkelman, Holtz, Shewey, Stofferahn, Morgan, Rosenberg, and Schneider voted aye. Absent and not voting: Members Tasa and Schmidt. The motion was declared carried.
Item 3: Green Acres Second Addition
Hearing on an application requesting a Plat of Green Acres Second Addition (Minor Subdivision) a replat of part of Lots 1 and 3, all of Lot 2, Block 1, Green Acres Addition to the City of Fargo, Cass County, North Dakota. (Located at 2225, 2233, and 2237 13th Avenue South) (The Acme Investment Co./Neset Land Surveys, Inc): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Andrew Thil, Lowry Engineering, spoke on behalf of the application.
Brief discussion was held regarding the proposed plans for the location.
Member Stofferahn moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Green Acres Second Addition, as outlined within the staff report, as the proposal complies with the Core Neighborhoods Plan, the Standards of Section 20-0907.B&C, the Standards of Article 20-06 of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Holtz. On call of the roll Members Morgan, Gunkelman, Stofferahn, Rosenberg, Holtz, Shewey and Schneider voted aye. Absent and not voting: Members Tasa and Schmidt. The motion was declared carried.
Item 4: Southwest Fargo Mission Second Addition
4a. Hearing on an application requesting a Zoning Change from P/I, Public and Institutional to P/I, Public and Institutional and GC, General Commercial with a C-O, Conditional Overlay on the proposed Southwest Fargo Mission Second Addition. (Located at 4451, 4455, and 4475 40th Avenue South) (4540 Investments, LLC/Christianson Companies): APPROVED
4b. Hearing on an application requesting a Plat of Southwest Fargo Mission Second Addition (Minor Subdivision) a replat of Lots 1 and 2, Block 1, Southwest Fargo Mission Addition to the City of Fargo, Cass County, North Dakota, including a subdivision watercourse setback waiver. (Located at 4451, 4455, and 4475 40th Avenue South) (4540 Investments, LLC/Christianson Companies): APPROVED
4c. Hearing on an application requesting a Conditional Use Permit to allow residential living in the GC, General Commercial zoning district on Lot 1 of the proposed Southwest Fargo Mission Second Addition. (Located at 4451, 4455, and 4475 40th Avenue South) (4540 Investments, LLC/Christianson Companies): APPROVED
Planning Coordinator Maegin Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Chris Mack, Christenson Companies, spoke on behalf of the application.
Discussion was held regarding parking arrangements.
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 P/I, Public and Institutional to P/I, Public and Institutional and GC, General Commercial with a C-O, Conditional Overlay, 2) Subdivision Plat Southwest Fargo Mission Second Addition, and to approve the 3) Conditional Use Permit to allow residential living in the GC, General Commercial zoning district on Lot 1 of the proposed Southwest Fargo Mission Second Addition, as outlined within the staff report, as the proposal complies with the 2003 Growth Plan, the Standards of Section 20-0906.F(1-4), Section 20-0907.B&C, Article 20-06, and Section 20-0909.D of the Land Development Code, and all other applicable requirements of the Land Development Code, with the following condition:
1) The maximum density of the district shall be a maximum of 13.5 units per acre.
Second by Member Stofferahn. On call of the roll Members Gunkelman, Stofferahn, Holtz, Rosenberg, Morgan, Shewey, and Schneider voted aye. Absent and not voting: Members Tasa and Schmidt. The motion was declared carried.
Item D: Other Items:
Item 1: Growth Plan Update
Planning Coordinator Kim Citrowske presented a brief update on the Fargo Growth Plan.
Chair Schneider shared about the Growth Plan Advisory Committee. He nominated three Planning Commission Members to be a part of the Advisory Committee: Members Holtz, Tasa, and Schneider.
Member Shewey moved to approve Members Holtz, Tasa and Schneider be added to the Growth Plan Advisory Committee. Second by Gunkelman. On call of the roll Members Shewey, Morgan, Gunkelman, Holtz, Stofferahn, Rosenberg, and Schneider voted aye. Absent and not voting: Members Tasa and Schmidt. The motion was declared carried.
Discussion was held regarding holding a brown bag meeting to discuss the Land Development Code, Comprehensive Plan, and the Growth Plan.
The time at adjournment was 5:19 p.m.