Planning Commission - October 3, 2023
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, October 3, 2023.
The Planning Commissioners present or absent were as follows:
Present: Rocky Schneider, Maranda Tasa, John Gunkelman, Art Rosenberg, Dawn Morgan, Thomas Schmidt, Brett Shewey
Absent: Scott Stofferahn, Jennifer Holtz
Chair Schneider called the meeting to order.
He shared that Fargo Growth Plan Open Houses will be held on Tuesday, October 17 and Wednesday, October 18 and noted the website is fargogrowthplan.org.
Business Items:
Item A: Approve Order of Agenda
Member Gunkelman moved the Order of Agenda be approved as presented. Second by Member Morgan. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of September 7, 2023
Member Tasa moved the minutes of the September 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: Meadow View Second Addition
Hearing on an application requesting a Plat of Meadow View Second Addition (Major Subdivision) a replat of Lots 1-11, Block 3, Lots 19-34, Block 4, Meadow View Addition and a vacation of a portion of Meadow View Drive South to the City of Fargo, Cass County, North Dakota. (Located at 6704-6794 Meadow View Drive South) (Thomsen Homes, LLC/EagleRidge Development): APPROVED
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant representative, Jon Youness, EagleRidge Development, spoke on behalf of the application.
Discussion was hold on how this application fits with the housing needs study.
Member Rosenberg moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Meadow View Second Addition, as outlined within the staff report, as the proposal complies with the 2007 Growth Plan, the Standards of Article 20-06 and Section 20-0907.C of the Land Development Code, and all other applicable requirements of the Land Development Code and North Dakota Century Code Chapter 40-39-04 to 40-39-07. Second by Member Gunkelman. On call of the roll Members Shewey, Rosenberg, Morgan, Schmidt, Tasa, Gunkelman, and Schneider voted aye. Absent and not voting: Members Holtz and Stofferahn. The motion was declared carried.
Item 2: The Pines at the District Fourth Addition
2a. Hearing on an application requesting a Zoning Change to repeal and reestablish a C-O, Conditional Overlay on the proposed The Pines at the District Fourth Addition. (Located at 4000 53rd Avenue South and 5461 and 5537 38th Street South) (Gitty-Up, LLC/Houston Engineering): APPROVED
2b. Hearing on an application requesting a Plat of The Pines at the District Fourth Addition (Minor Subdivision) a replat of part of Lot 1, Block 1, The Pines at the District Third Addition, and part of Lots 1-2, Block 1, The District of Fargo Second Addition, to the City of Fargo, Cass County, North Dakota. (Located at 4000 53rd Avenue South and 5461 and 5537 38th Street South) (Gitty-Up, LLC/Houston Engineering): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant representative Brian Pattengale spoke on behalf of the application.
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 to repeal and reestablish a C-O, Conditional Overlay, and 2) Subdivision Plat The Pines at the District Fourth Addition, as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the 2007 Growth Plan, Section 20-0907. B&C, Section 20-0906.F (1-4), and the Standards of Section 20-06 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 Gunkelman, Shewey, Morgan, Schmidt, Rosenberg, Tasa, and Schneider voted aye. Absent and not voting: Members Holtz and Stofferahn. The motion was declared carried.
Item 3: Urban Plains by Brandt Seventh Addition
3a. Hearing on an application requesting a Zoning Change to repeal and re-establish a C-O, Conditional Overlay on the proposed Urban Plains by Brandt Seventh Addition. (Located at 2907, 2915, 2949, 2975, 3037, and 3151 Seter Parkway South) (Urban Plains Land Company, LLC/Gleason Companies/Lowry Engineering): APPROVED
3b. Hearing on an application requesting a Plat of Urban Plains by Brandt Seventh Addition (Major Subdivision) a replat of a portion of Lot 1, all of Lots 2 and 3, Block 5, Urban Plains by Brandt Second Addition, and Lots 2-4, Block 5, Urban Plains by Brandt First Addition, to the City of Fargo, Cass County, North Dakota including a vacation of portions of the Seter Parkway South Right-of-Way. (Located at 2907, 2915, 2949, 2975, 3037, and 3151 Seter Parkway South) (Urban Plains Land Company, LLC/Gleason Companies/Lowry Engineering): APPROVED
Planner Brad Garcia presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the traffic study, negative access easements, street realignment, and that the Conditional Use Permit will remain in place.
Applicant representative Tim Gleason spoke on behalf of the application.
Member Schmidt moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Zoning Change to repeal and reestablish a C-O, Conditional Overlay, and 2) Subdivision Plat Urban Plains by Brandt Seventh Addition, including vacation of Right-of-Way, as outlined within the staff report, as the proposal complies with the Adopted Area Plan, the Standards of Section 20-0906.F(1-4), Section 20-0907.C, and the Standards of Article 20-06 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 Tasa. On call of the roll Members Morgan, Schmidt, Tasa, Rosenberg, Gunkelman, Shewey, and Schneider voted aye. Absent and not voting: Members Stofferahn and Tasa. The motion was declared carried.
Item 4: 924 Townhomes Addition
4a. Hearing on an application requesting a Zoning Change from MR-3, Multi-Dwelling Residential to MR-3, Multi-Dwelling Residential with a PUD, Planned Unit Development overlay on the proposed 924 Townhomes Addition. (Located at 916 and 924 7th Street North) (FM Property Pros II, LLC): APPROVED
4b. Hearing on an application requesting an application for a PUD, Planned Unit Development Master Land Use Plan and Final Plan on the proposed 924 Townhomes Addition. (Located at 916 and 924 7th Street North) (FM Property Pros II, LLC): APPROVED
4c. Hearing on an application requesting a Plat of 924 Townhomes Addition (Minor Subdivision) a replat of all of Lot 4, parts of Lots 3 and 5, Block 16, Harwoods Second Addition, to the City of Fargo, Cass County, North Dakota. (Located at 916 and 924 7th Street North) (FM Property Pros II, LLC): APPROVED
Mr. Garcia presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on setbacks, building height, amount of stairs, current ownership of the properties, the PUD, Planned Unit Development, and rental versus ownership for the properties.
Applicant representative Brandon Raboin spoke on behalf of the application.
Discussion continued on the proposed price point for the units, affordable and attainable housing, building height, accessibility, snow removal, and driveway access.
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 Mr-3, Multi-Dwelling Residential to MR-3, Multi-Dwelling Residential with a PUD, Planned Unit Development overlay, 2) PUD, Planned Unit Development Master Land Use Plan, and 3) Subdivision Plat 924 Townhomes Addition, as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Core Neighborhoods Plan, Article 20-0907(B)(a-e), Section 20-0906.F(1-4), the Standards of Article 20-06 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 Schmidt, Tasa, Gunkelman, Rosenberg, Morgan, Shewey, and Schneider voted aye. Absent and not voting: Members Holtz and Stofferahn. The motion was declared carried.
Item 5: Agassiz First Addition
Hearing on an application requesting a Plat of Agassiz First Addition (Minor Subdivision) a replat of Lots 1, 2, 23, and 24, Block 2, E.G. Clapp First Addition, to the City of Fargo, Cass County, North Dakota. (Located at 602 and 610 39th Street North and 601 and 609 40th Street North) (Autumn Hareland, LLC/Houston Engineering): APPROVED
Assistant Planner Alayna Espeseth presented the staff report stating all approval criteria have been met and staff is recommending approval. She stated there is an unpermitted structure on the property, and that the plat will not be recorded until either the building is removed, or a plan to remediate the building has been approved by the City of Fargo Building Official.
Applicant representative Brian Pattengale spoke on behalf of the application.
Member Schmidt moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Agassiz First 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 Shewey. On call of the roll Members Tasa, Gunkelman, Shewey, Morgan, Schmidt, Rosenberg, and Schneider voted aye. Absent and not voting: Members Holtz and Stofferahn. The motion was declared carried.
Item 6: Northern Sheyenne Land Fourth Addition
Hearing on an application requesting a Plat of Northern Sheyenne Land Fourth Addition (Minor Subdivision) a replat of Lot 2, Block 1, and Lot 5, Block 2, Northern Sheyenne Land Third Addition, to the City of Fargo, Cass County, North Dakota. (Located at 1810 and 1821 Sheyenne Loop North) (Jesse Soper/John Nore/Neset Land Surveys): APPROVED
Ms. Espeseth presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant representative Andrew Thill 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 Subdivision Plat Northern Sheyenne Land Fourth Addition, as outlined within the staff report, as the proposal complies with the Adopted Area Plan, 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 Morgan. On call of the roll Members Rosenberg, Morgan, Shewey, Gunkelman, Tasa, Schmidt, and Schneider voted aye. Absent and not voting: Members Holtz and Stofferahn. The motion was declared carried.
Item 7: Radio Second Addition
Hearing on an application requesting a Conditional Use Permit to allow industrial services and warehouse uses in the GC, General Commercial zoning district on Lot 2, Block 1, Radio Second Addition. (Located at 5245-5287 Veterans Boulevard South) (Sheyenne Commercial Condos, LLC): 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 types of uses the Conditional Use Permit would allow, why the area was zoned as GC, General Commercial, and history of the area.
Applicant representative Kyle Bartram, MBN Engineering, spoke on behalf of the application.
Member Gunkelman moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow industrial services and warehouse uses in the GC, General Commercial zoning district, be approved as outlined within the staff report, as the proposal complies with the 2007 Growth Plan, the Standards of Section 20-0909.D of the Land Development Code, and all other applicable requirements of the Land Development Code, with the following conditions:
1. 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.
2. All refuse containers, including dumpsters, shall be concealed from public view by opaque fence, screen wall or building extension.
3. No outdoor storage of equipment or supplies.
4. Off-street parking, loading, and vehicular circulation areas shall have an all-weather surface, as defined by the Land Development Code.
5. The manufacturing, production, or processing of food and/or animal products or hazardous chemicals and/or materials shall not be permitted.
6. Future permits are generally consistent with the site plan provided in the October 3rd, 2023 Planning Commission packet. Changes may require review by the Planning Commission as determined by planning staff.
7. The Conditional Use Permit shall terminate if all industrial uses cease for a period of more than 12 consecutive months.
Second by Member Schmidt. On call of the roll Members Gunkelman, Shewey, Tasa, Rosenberg, Morgan, Schmidt, and Schneider voted aye. Absent and not voting: Members Stofferahn and Holtz. The motion was declared carried.
Item 8: Rocking Horse East Second Addition
Hearing on an application requesting a Conditional Use Permit to allow industrial services and warehouse uses in the GC, General Commercial zoning district on Lot 2, Block 1, Rocking Horse East Second Addition. (Located at 5353 51st Avenue South) (Sheyenne Commercial Condos, LLC): APPROVED
Mr. Garcia presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the differences of the current Conditional Use Permit, and what the new one will allow, outdoor storage and screening, and the area the permit will cover.
Applicant representative Matt Prochnialz, Moore Engineering, spoke on behalf of the application.
Member Schmidt moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow industrial services and warehouse uses in the GC, General Commercial zoning district be approved, as presented, 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) 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.
2) All refuse containers, including dumpsters, shall be concealed from public view by an opaque fence, screen wall or building extension.
3) Outdoor storage shall be located in the rear of the property and screening must remain in good condition and free from graffiti.
4) Off-street parking, loading, vehicular circulation areas and outdoor storage yards shall have an all-weather surface, as defined by the Land Development Code.
5) The manufacturing, production, or processing of food and/or animal products or hazardous chemicals shall not be permitted.
6) Any expansion of industrial uses from the site plan provided in the October 3rd, 2023 Planning Commission packet shall require an amendment to the Conditional Use Permit with review and approval by the Planning Commission.
7) The Conditional Use Permit shall terminate if all industrial uses cease for a period of more than 12 consecutive months.
Second by Member Shewey. On call of the roll Members Shewey, Tasa, Schmidt, Rosenberg, Morgan, Gunkelman, and Schneider voted aye. Absent and not voting: Members Holtz and Stofferahn. The motion was declared carried.
Item 9: Crary’s First Addition
Hearing on an application requesting a Conditional Use Permit to allow group living in the SR-2, Single-Dwelling Residential zoning district on Lot 2, Block 7, Crary’s First Addition. (Located at 2208 26½ Avenue South) (Vocational Training Center, Inc.): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on neighborhood feedback.
Assistant Director of Planning and Development Mark Williams spoke on allowable uses in the zoning districts.
Discussion continued on the timeline of this project, and the need for the Conditional Use Permit to allow a fourth resident in the home.
Applicant Steve Pederson, Vocational Training Center, spoke on behalf of the application.
Further discussion was held on the safety features of the home, staffing and supervision, and how the other similar type home in Fargo is doing.
Mr. Peterson noted that the home would be staffed anytime residents are present.
Member Tasa moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow group living in the SR-2, Single-Dwelling Residential zoning district, as outlined within the staff report, as the proposal complies with the Standards of Section 20-0909.D, Section 20-0402.E of the Land Development Code, and all other applicable requirements of the Land Development Code, with the following conditions:
1. If the property is transferred, the new owner must apply for a new conditional use permit in order to continue the group living use.
2. The Conditional Use Permit will not become effective until the City has granted a certificate of occupancy appropriate for the group living use, and until applicable North Dakota state requirements have been met.
3. Maximum number of residents is limited to four.
Second by Member Schmidt. On call of the roll Members Morgan, Shewey, Gunkelman, Tasa, Schmidt, Rosenberg, and Schneider voted aye. Absent and not voting: Members Holtz and Stofferahn. The motion was declared carried.
Item D: Other Items:
Item 1: Planned Unit Development Final Plan for EOLA Second Addition.
Planning Coordinator Maegin Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held about the surface parking, and process if a parking ramp were to be built.
Member Rosenberg moved to accept the findings and recommendations of staff and approve the Planned Unit Development Final Plan for EOLA Second Addition, as outlined within the Staff report, as the proposal complies with the PUD, Planned Unit Development Master Land Use Plan, Section 20-0908.D 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 Gunkelman, Morgan, Rosenberg, Shewey, Schmidt, Tasa, and Schneider voted aye. Absent and not voting: Members Holtz and Stofferahn. The motion was declared carried.
Member Gunkelman 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 4:35 p.m.