Planning Commission - February 6, 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, February 6, 2024.
The Planning Commissioners present or absent were as follows:
Present: Rocky Schneider, John Gunkelman, Scott Stofferahn, Art Rosenberg, Jennifer Holtz, Thomas Schmidt, Brett Shewey (via conference call)
Absent: Maranda Tasa, Dawn Morgan
Chair Schneider called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Chair Schneider noted Items 3a, 3b, 5a and 5b have been continued to March 5, 2024.
Member Stofferahn 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 January 2, 2024
Member Holtz moved the minutes of the January 2, 2024, 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: North Pointe Industrial Addition
1a. Hearing on an application requesting a Zoning Change from AG, Agricultural to LI, Limited Industrial with a C-O, Conditional Overlay and P/I, Public and Institutional on the proposed North Pointe Industrial Addition. (Located at 1900, 2000, and 2220 57th Street North) (Chad Wendel/Moore Engineering, Inc./City of West Fargo/Southeast Water Resources District): APPROVED
1b. Hearing on an application requesting a Plat of North Pointe Industrial Addition (Major Subdivision) a plat of parts of the Southeast Quarter of Section 29, Township 140 North, Range 49 West of the Fifth Principal Meridian, to the City of Fargo, Cass County, North Dakota. (Located at 1900, 2000, and 2220 57th Street North) (Chad Wendel/Moore Engineering, Inc./City of West Fargo/Southeast Water Resources District): APPROVED
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
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 from AG, Agricultural to LI, Limited Industrial and P/I, Public and Institutional, and 2) Subdivision Plat North Pointe Industrial 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) and 20-0907.C of the Land Development Code and all other application requirements of the Land Development Code. Second by Member Holtz. On call of the roll Members Shewey, Holtz, Rosenberg, Schmidt, Stofferahn, Gunkelman, and Schneider voted aye. Absent and not voting: Members Tasa and Morgan. 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) (Storage Kings ND, LLC; ARD Properties, LLC/ MBN Engineering): APPROVED
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) (Storage Kings ND, LLC; ARD Properties, LLC/ MBN Engineering): APPROVED
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) (Storage Kings ND, LLC; ARD Properties, LLC/ MBN Engineering): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval. He provided an overview of the history of the application, noting an informational meeting was held on January 18. Additional resident comments were provided to the Board.
Discussion was held on the changes to the C-O, Conditional Overlay from the previously applied for application, the number and type of billboards allowed on the property, and the difference between finished and unfinished product.
Assistant Director of Planning and Development Mark Williams spoke on the code regarding billboards.
Applicant Trent Duda spoke on behalf of the application. He provided clarification on statements he made in 2014 regarding development near his home and industrial zoning.
Applicant Representative Tom Nelson, Swan Real Estate, spoke on behalf of the application providing more history on the project.
The following Reile’s Acres residents spoke in opposition to the application stating the following concerns: previous denial reasons of the application and not enough changes to it, decreased property values, the type, location, and timeline of the trees to be planted and grow, safety, noise, increased traffic, lack of shared information about what businesses will be going in, and desire for general commercial instead of industrial.
Paula Peterson, 4314 45 Street North
Kyla DuBord, 4106 45 Street North
Discussion was held on the types of homes that are currently in the Prairie Estates area and the uses of the current properties, and property values.
Lance Ziebarth, 3200 11 Street South, spoke in support of the application noting the concessions the applicant has made, planning staff has recommended approval, and a buffer will be put in place in addition to the drain that is already there.
Public comment continued with the following Reile’s Acres residents speaking in opposition to the application stating the follow concerns: industrial buildings being dangerous and emitting particles into the air and producing waste, and negative impacts on the environment.
Mariia Goriacheva, 4534 39 Avenue North
Josh Morrell, 4534 39 Avenue North
The following Reile’s Acres residents spoke in favor of the application stating the application is normal, appropriate, and expected for the location.
Jeff Odden, 4709 39 ½ Avenue North, Reile’s Acres
Denis Oye, 4957 39 ½ Avenue North, Reile’s Acres
At 4:01 p.m., the Board took a ten-minute recess.
After Recess: All members present except Members Tasa and Morgan. Chair Schneider presiding.
Mr. Williams provided clarification on the number of billboards and how many could be digital.
Discussion continued on the changes to the application, and the change of Lot 9 to GC, General Commercial with this application.
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 LI, 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 Sections 20-0906.F(1-4), 20-0905(H), and 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 Holtz, Gunkelman, Shewey, Stofferahn, Schmidt, Rosenberg, and Schneider voted aye. Absent and not voting: Members Tasa and Morgan. The motion was declared carried.
Item 3: Covey Ranch Third Addition
3a. 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.) (me): CONTINUED TO MARCH 5, 2024
3b. 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.) (me): CONTINUED TO MARCH 5, 2024
A Hearing had been set for this date and time; however the applicant has requested this application be continued to March 5, 2024.
Item 4: Autumn Fields Third Addition
Hearing on an application requesting a Plat of Autumn Fields Third Addition (Minor Subdivision) a replat of Lot 1, Block 8, Autumn Fields Addition, to the City of Fargo, Cass County, North Dakota. (Located at 3166 and 3186 Sienna Drive South; 4234 and 4220 31st Avenue South; 3181 42nd Street South) (Matrix Properties Corporation): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Rosenberg moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Autumn Fields Third Addition, as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, adopted Area Plan, Southwest Area Plan, the Standards of Section 20-0907.B&C, and Article 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 Schmidt, Holtz, Stofferahn, Rosenberg, Shewey, Gunkelman, and Schneider voted aye. Absent and not voting: Members Tasa and Morgan. The motion was declared carried.
Item 5: Brekke’s Addition
5a. Hearing on an application requesting a Zoning Change from MR-3, Multi-Dwelling Residential and GC, General Commercial to SR-4, Single-Dwelling Residential and P/I, Public and Institutional on the proposed Brekke’s Addition. (Located at 213 24th Street South and 2401 3rd Avenue South) (Lake Agassiz Habitat for Humanity/City of Fargo): CONTINUED TO MARCH 5, 2024
5b. Hearing on an application requesting a Plat of Brekke’s Addition (Minor Subdivision) a replat of Lots 8 and 9, Block 11, and adjacent South Half of Vacated Alley, Egbert, O’Neil, and Haggart’s Subdivision, to the City of Fargo, Cass County, North Dakota. (Located at 213 24th Street South and 2401 3rd Avenue South) (Lake Agassiz Habitat for Humanity/City of Fargo): CONTINUED TO MARCH 5, 2024
A Hearing had been set for this date and time; however the applicant has requested this application be continued to March 5, 2024.
Item 6: Laverne’s Fourth Addition
Hearing on an application requesting a Plat of Laverne's Fourth Addition (Minor Subdivision) a replat of Lots 1-6, Block 3, Laverne's Second Addition to the City of Fargo, Cass County, North Dakota. (Located at 3033, 3101, and 3181 43rd Street North; 3030, 3100, and 3190 42nd Street North) (Laverne Indy, LLC/Houston Engineering): APPROVED
Assistant Planner Alayna Espeseth 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 Subdivision Plat Laverne’s Fourth 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&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, Holtz, Shewey, Gunkelman, Stofferahn, Schmidt, and Schneider voted aye. Absent and not voting: Members Tasa and Morgan. The motion was declared carried.
Item D: Other Items:
Item 1: Annexation of approximately 54.71 acres of a portion of the Southwest Quarter of Section 29 and a portion of the, Northwest Quarter of Section 32, Township 140 North, Range 49 West, of the Fifth Principal Meridian, Cass County, North Dakota.: APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on responsibility and maintenance of the drain, and future plans for 19th Avenue North.
Assistant City Engineer Nathan Boerboom spoke on behalf of the Engineering Department.
Member Stofferahn moved that the Planning Commission find the proposed annexation of a portion of the Southeast Quarter of Section 29 and a portion of the Northeast Quarter of Section 32, Township 140 North, Range 49 West, of the Fifth Principal Meridian, Cass County, North Dakota to be consistent with the 2007 Growth Plan. Second by Member Rosenberg. On call of the roll Members Gunkelman, Shewey, Rosenberg, Stofferahn, Schmidt, Holtz, and Schneider voted aye. Absent and not voting: Members Tasa and Morgan. The motion was declared carried.
The time at adjournment was 4:29 p.m.