Planning Commission - April 2, 2024 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, April 2, 2024.
The Planning Commissioners present or absent were as follows:
Present: Rocky Schneider, Maranda Tasa, John Gunkelman, Scott Stofferahn, Art Rosenberg, Dawn Morgan, Thomas Schmidt, Brett Shewey
Absent: Jennifer Holtz
Chair Schneider called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Chair Schneider noted Item 2 has been continued to June 4, 2024, Items 1a and 1b have been continued to an uncertain date in the future, and Item 4 has been withdrawn.
Member Gunkelman moved the Order of Agenda be approved as presented. Second by Member Schmidt. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of March 5, 2024
Member Schmidt moved the minutes of the March 5, 2024 Planning Commission meeting be approved. Second by Member Tasa. All Members present voted aye and the motion was declared carried.
Item C: Public Hearing Items:
Item 1: Covey Ranch Third Addition
1a. Continued hearing on an application requesting a Zoning Change from AG, Agricultural to GC, General Commercial with a C-O, Conditional Overlay, MR-3, Multi-Dwelling Residential with a C-O, Conditional Overlay, and P/I, Public and Institutional on the proposed Covey Ranch Third Addition. (Located at 6455 43rd Street South; 6688 45th Street South; and 3800 and 3900 64th Avenue South) (64th Avenue Development, LLC/Moore Engineering, Inc.): CONTINUED TO DATE UNCERTAIN
1b. Continued hearing on an application requesting a Plat of Covey Ranch Third Addition (Major Subdivision) a plat of an unplatted portion of the North Half of Section 10, Township 138 North, Range 49 West of the Fifth Principal Meridian, to the City of Fargo, Cass County, North Dakota. (Located at 6455 43rd Street South; 6688 45th Street South; and 3800 and 3900 64th Avenue South) (64th Avenue Development, LLC/Moore Engineering, Inc.): CONTINUED TO DATE UNCERTAIN
A Hearing had been set for February 6, 2024. At the February 6, 2024 meeting, the Hearing was continued to March 5, 2024. At the March 5, 2024 meeting, the Hearing was continued to this date and time; however the applicant has requested this application be continued to be heard at an uncertain date in the future.
Item 2: Urban Plains by Brandt Eighth Addition
Continued hearing on an application requesting a Plat of Urban Plains by Brandt Eighth Addition (Minor Subdivision) a replat of Lot 3, Block 1, Urban Plains by Brandt Seventh Addition, to the City of Fargo, Cass County, North Dakota. (Located at 2975 Seter Parkway South) (Urban Plains Land Company, LLC/Gleason Companies/Lowry Engineering): CONTINUED TO JUNE 4, 2024
A Hearing had been set for March 5, 2024. At the March 5, 2024 meeting, the Hearing was continued to this date and time; however the applicant has requested this application be continued to June 4, 2024.
Item 3: Laverne’s Fifth Addition
Hearing on an application requesting a Plat of Laverne’s Fifth Addition (Minor Subdivision) a replat of Lots 4-6, Block 1, Laverne’s Second Addition, to the City of Fargo, Cass County, North Dakota. (Located at 3034, 3088, and 3120 43rd Street North) (Houston Engineering/Enclave Companies): APPROVED
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Stofferahn moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Laverne’s Fifth Addition, as outlined within the staff report, as the proposal complies with the Adopted 2007 Tier 1 Northwest Land Use Plan, the Standards of Article 20-06, Section 20-0907.B and 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 Morgan, Schmidt, Gunkelman, Tasa, Rosenberg, Shewey, and Schneider voted aye. Absent and not voting: Member Holtz. The motion was declared carried.
__Item 4: Bentley Place Fourth Addition __
Hearing on an application requesting a Plat of Bentley Place Fourth Addition (Minor Subdivision) a replat of Lot 5, Block 1, Bentley Place First Addition, to the City of Fargo, Cass County, North Dakota. (Located at 5500 32nd Avenue South) (Brandt Crossing, LLC/Enclave Companies): WITHDRAWN
A Hearing had been set for this date and time; however the applicant has requested this application be withdrawn.
Item 5: 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
Planning Coordinator Maegin Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Schmidt moved to accept the findings and recommendations of staff 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 96 residential units within the building.
2. Space on the ground floor may be converted to uses approved in the LC, Limited Commercial zoning district without additional review by the Planning Commission, so long as all Land Development Code requirements are met.
3. Any other expansion of building or expansion and/or change of use may require additional review by the Planning Commission.
Second by Member Stofferahn. On call of the roll Members Tasa, Gunkelman, Shewey, Morgan, Schmidt, Stofferahn, Rosenberg, and Schneider voted aye. Absent and not voting: Member Holtz. The motion was declared carried.
Item 6: Erskine’s Addition
Hearing on an application requesting a Zoning Change from MR-2, Multi-Dwelling Residential and SR-3, Single-Dwelling Residential to P/I, Public and Institutional on Lots 14-19, Block BB, Erskine’s Addition. (Located at 1002 and 1008 10th Street South) (Salem Evangelical Free Church/Relevant Life Church): APPROVED
Planner Luke Morman presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted page 1 of the staff report has an error for existing proposed zone and use. He clarified the existing use is religious institution and the existing Historic Overlay is Erskine’s, both are to remain. Mr. Morman stated the proposed zone is P/I, Public and Institutional not SR-3, Single-Dwelling Residential.
Discussion was held regarding the current zoning and where the sign would be installed.
Applicant Representative Stephen Appel spoke on behalf of the application.
Further discussion was held on details of the sign, and ownership of the building.
Member Stofferahn moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Zoning Change from MR-2, Multi-Dwelling Residential and SR-3, Single-Dwelling Residential to P/I, Public and Institutional on Lots 14-19, Block BB, Erskine’s Addition, as outlined within the staff report, as the proposal complies with the Core Neighborhoods Master Plan, the GO2030 Fargo Comprehensive Plan, the Standards of Section 20-0906F(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 Rosenberg, Shewey, Morgan, Gunkelman, Stofferahn, Tasa, Schmidt, and Schneider voted aye. Absent and not voting: Member Holtz. The motion was declared carried.
Item 7: The Edge Addition
Hearing on a Conditional Use Permit to allow outdoor recreation and entertainment in the in the DMU, Downtown Mixed-Use zoning district on Lot 1, Block 1, The Edge Addition. (Located at 1329 5th Avenue North) (DFI AU, LLC/701 Collective, LLC): APPROVED
Mr. Morman presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted an additional letter of support was provided to the Board Members.
Discussion was held regarding third-party parking studies.
Planning and Development Director Nicole Crutchfield spoke on the ordinance relating to parking.
Traffic Engineer Jeremy Gordon spoke on behalf of the Engineering Department.
Discussion was held on parking and transportation options, traffic control, pedestrian barriers, ownership of the surrounding properties, notification of property owners versus renters, noise level, and hours of operation.
Ms. Crutchfield noted that each scheduled event would need its own noise permit, temporary use permit, and any other permits as applicable.
Fargo Police Captain Chris Helmick spoke on behalf of the Police Department.
Further discussion was held regarding permits, decibel limits, who in the nearby neighborhood was contacted, street closures due to events, 300 foot buffer for property owner letters, ownership of properties in the surrounding area, and the possibility of notifying renters.
Assistant Planning Director Mark Williams and Ms. Crutchfield spoke on the property owner notification process.
Discussion continued regarding the shared driveway.
Applicant Jade Nielson spoke on behalf of the application.
Further discussion was held regarding the shared driveway, timing of events, who was informed of the plans for the property, parking and transportation options, noise issues and the possibility of testing the decibel level, the applicant purchasing other properties near this venue, the ordinance pertaining to the train whistle, type of restrooms and concessions on site, future vision for the neighborhood, the relationship between Jade Presents and Fargo Brewing, and if Jade Presents plans to move all events to this venue instead of using Fargo Brewing.
Member Rosenberg moved to accept the findings and recommendations of staff and the Conditional Use Permit to allow outdoor recreation and entertainment in the DMU, Downtown Mixed-Use zoning district on Lot 1, Block 1, The Edge Addition, be approved, as outlined within the staff report, as the proposal complies with the Core Neighborhoods Master Land Use Plan, 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. Changes with the parking agreements or strategies called out in the Parking Plan and Narrative provided in the April 2nd, 2024 Planning Commission packet may require review by the Planning Commission as determined by Planning Staff.
2. Compliance with Engineering, Fire, Inspections, and Police permitting processes shall be maintained.
3. Fencing/barriers shall be required along the railroad as indicated in the Parking Plan provided in the April 2nd, 2024 Planning Commission packet. Any fencing along 5th Avenue North shall meet the applicable fencing requirements of the Land Development Code.
4. If the ownership changes from 701 Collective, LLC or Jade Nielsen Properties, the CUP, Conditional Use Permit shall be revoked.
Second by Member Morgan. On call of the roll Members Gunkelman, Shewey, Tasa, Rosenberg, Morgan, Stofferahn, Schmidt, and Schneider voted aye. Absent and not voting: Member Holtz. The motion was declared carried.
Item 8: First Industrial Subdivision of Beardsley’s Addition
Hearing on an application requesting a Vacation Plat of the West 23.5 feet of 22nd Street North right of way between 7th and 8th Avenues North, adjacent to Lots 1 and 21 of First Industrial Subdivision of Beardsley’s Addition, to the City of Fargo, Cass County, North Dakota. (Located at 2213 7th Avenue North) (John T. Jones Construction/Neset Surveying): APPROVED
Mr. Kress 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 Right-of-Way Vacation Plat, First Industrial Subdivision of Beardsley’s Addition, as outlined within the staff report, as the proposal complies with the North Dakota Century Code Section 40-39: Opening and Vacating Streets, Alleys, and Public Place. Second by Member Schmidt. On call of the roll Members Shewey, Stofferahn, Tasa, Schmidt, Rosenberg, Morgan, Gunkelman, and Schneider voted aye. Absent and not voting: Member Holtz. The motion was declared carried.
Item 9: Arneson’s Addition
Hearing on an application requesting a Conditional Use Permit for an Alternative Access Plan for reduced parking on portions of Lot 1, and all of Lots 2-3, Block 1, Arneson’s Addition. (Located at 11 and 21 18th Street South) (MEC Partners, LLP/RHET Architecture): APPROVED
Assistant Planner Alayna Espeseth presented the staff report stating all approval criteria have been met and staff is recommending approval. She noted agenda Items number 9 and 10 are the same subject property but have different names.
Discussion was held regarding building ownership, history of the building, the public walk way near the property, and who owns the green space next to the property.
Mr. Kress noted that Southeast Cass Water owns the green space next to the property and there is a drain underneath it.
Applicant Representative Brian Pattengale spoke on behalf of the application.
Member Stofferahn moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow an Alternative Access Plan for reduced parking on portions of Lot 1, and all of Lots 2-3, Block 1, Arneson’s Addition 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. Any expansion of building or expansion and/or change of use from Religious Institution shall terminate the Conditional Use Permit.
2. Religious Institutions on site must keep different services times and days.
3. A minimum of 70 spaces are required on site.
Second by Member Gunkelman. On call of the roll Members Morgan, Shewey, Stofferahn, Gunkelman, Tasa, Schmidt, Rosenberg, and Schneider voted aye. Absent and not voting: Member Holtz. The motion was declared carried.
Item 10: Harvest Church Addition
Hearing on an application requesting a Plat of Harvest Church Addition (Minor Subdivision) a replat of portions of Lot 1 and all of Lots 2-3, Block 1, Arneson’s Addition, to the City of Fargo, Cass County, North Dakota. (Located at 11 and 21 18th Street South) (MEC partners, LLP/Houston Engineering): APPROVED
Ms. Espeseth presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held regarding the possible future improvements to the walking path, the drain near the property, and space requirements for the drain.
Assistant City Engineer Nathan Boerboom spoke on behalf of the Engineering Department.
Ms. Crutchfield provided further information on the application.
Discussion continued on the space requirements for the drain and walking path.
Mr. Boerboom provided additional information on the watercourse setback requirements.
Additional discussion was held on the naming of the plat.
Member Schmidt moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Harvest Church Addition, including a subdivision waiver for drain setback, as outlined within the staff report, as the proposal complies with the Adopted Core Neighborhoods Master Plan, the Standards of Article 20-06, Section 20-0907.B, C, and D.3 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 Gunkelman, Morgan, Rosenberg, Shewey, Schmidt, Tasa, Stofferahn, and Schneider voted aye. Absent and not voting: Member Holtz. The motion was declared carried.
Discussion was held regarding history of the drain.
Member Schmidt moved to adjourn the meeting. Second by Member Gunkelman. All Members present voted aye and the motion was declared carried.
The time at adjournment was 4:19 p.m.