Planning Commission - January 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, January 2, 2024.
The Planning Commissioners present or absent were as follows:
Present: Rocky Schneider, Maranda Tasa, John Gunkelman, Scott Stofferahn, Art Rosenberg, Jennifer Holtz, Dawn Morgan, Brett Shewey
Absent: Thomas Schmidt
Chair Schneider called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Chair Schneider proposed amending the Order of Agenda to hear Items one and two later and starting with Items three and four.
Member Morgan moved the Order of Agenda be approved as amended. Second by Member Gunkelman. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of December 5, 2023
Member Stofferahn moved the minutes of the December 5, 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:
Items one and two were heard after items three and four.
Item 1: Replat of Block 5 of Southview Villages Addition
Continued hearing on application requesting a Conditional Use Permit to allow group living in the SR-2, Single-Dwelling Residential zoning district on Lot 5, Block 5B, Replat of Block 5 of Southview Villages Addition. (Located at 2401 South Flickertail Drive South) (The 2011 Kevin & Sara Alto Living Trust): DENIED
A Hearing had been set for December 5, 2023. At the December 5, 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.
Rental Inspector Isaiah Bodensteiner spoke about the complaint received, property access, and checklist items during an inspection.
Discussion was held regarding Conditional Use Permit conditions only being active with the current owners. Since denial is being recommended, there are no conditions in place.
Applicant Sara Alto spoke on behalf of the application via conference call.
At 3:50 p.m., the Board took a five-minute recess.
After recess: All members present except Member Schmidt. Chair Schneider presiding.
Discussion was held on the property’s intended use before purchase, where Ms. Alto would stay when visiting, and why removing some of the occupants wasn’t an option.
Applicant Representative Conner Alto spoke on behalf of the application via conference call.
The following residents spoke in opposition to the application stating the following concerns: character of the neighborhood, parking, snow plows not being able to fully plow street, and the online ad for the house listing permitted and non-permitted uses.
Gary Kaeding, 2307 South Flickertail Drive South
Ed Lulai, 2404 South Flickertail Drive South
Further discussion was held regarding the knowledge of the rules, communication of the rules, and the need to address these items in the future Land Development Code.
Member Shewey moved the findings and recommendations of staff be accepted and the proposed Conditional Use Permit to allow group living on Lot 5, Block 5B, Replat of Block 5 of Southview Villages Addition be denied, as the proposal does not satisfy all the criteria of Section 20-0909.D and Section 20-0402.E of the Land Development Code. Second by Member Morgan. On call of the roll Members Shewey, Morgan, Holtz, Rosenberg, Stofferahn, Tasa, Gunkelman, and Schneider voted aye. Absent and not voting: Member Schmidt. The motion was declared carried.
Item 2: Crossroads Corporate Center Second Addition
Hearing on an application requesting a Plat of Crossroads Corporate Center Second Addition (Minor Subdivision) a replat of Lots 1-4, Block 3, Crossroads Corporate Center Addition, to the City of Fargo, Cass County, North Dakota. (Located at 4130, 4150, and 4180 Crossroads Drive South; 2263 41st Street South): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Holtz moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Crossroads Corporate Center Second Addition, as outlined within the staff report, as the proposal complies with the 2003 Southwest Future Land Use Plan, the Standards of Article 20-06, Section 20-007.B and C 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 Holtz, Gunkelman, Shewey, Stofferahn, Morgan, Rosenberg, Tasa, and Schneider voted aye. Absent and not voting: Member Schmidt. The motion was declared carried.
Items three and four were heard prior to items one and two.
Item 3: Gamma Fargo Addition
3a. Hearing on an application requesting a Zoning Change from LC, Limited Commercial to GC, General Commercial with a PUD, Planned Unit Development overlay on Lots 1-3, Block 1, Gamma Fargo Addition and a portion of Lot 1, Block 1, Pracs Second Addition. (Located at 4951 and 4837 Amber Valley Parkway South; 4800, 4820, and 4840 23rd Avenue South) (Comstock Services, LLC/Scott Kjos): APPROVED
3b. Hearing on an application requesting a PUD, Planned Unit Development Master Land Use Plan and Final Plan on Lots 1-3, Block 1, Gamma Fargo Addition and a portion of Lot 1, Block 1, Pracs Second Addition. (Located at 4951 and 4837 Amber Valley Parkway South; 4800, 4820, and 4840 23rd Avenue South) (Comstock Services, LLC/Scott Kjos): APPROVED
Planner Luke Morman presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Scott Kjos, Comstock Services, spoke on behalf of the application and answered questions about facility history and current operations.
Member Stofferahn moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) PUD, Planned Unit Development Master Land Use Plan and approve the PUD, Planned Unit Development Final Plan, and 2) Zoning Change from LC, Limited Commercial to GC, General Commercial with a PUD, Planned Unit Development on Lots 1-3, Block 1, Gamma Fargo Addition and a portion of Lot 1, Block 1, Pracs Second Addition, as outlined within the staff report, as the proposal complies with the 2003 Southwest Future Land Use Plan, Section 20-0908.B(7), Section 20-0908.D, and Section 20-0906.F(1-4) of the Land Development Code, and all other application requirements of the Land Development Code. Second by Member Gunkelman. On call of the roll Members Morgan, Gunkelman, Stofferahn, Tasa, Rosenberg, Holtz, Shewey, and Schneider voted aye. Absent and not voting: Member Schmidt. The motion was declared carried.
Item 4: South Ridge Second Addition
Hearing on an application requesting a Plat of South Ridge Second Addition (Minor Subdivision) a replat of Lots 5 and 6, Block 3, South Ridge First Addition, to the City of Fargo, Cass County, North Dakota. (Located at 2365 and 2445 65th Avenue South) (Fargo Investments, LLC/Colliers Engineering & Design): APPROVED
Mr. Morman presented the staff report stating all approval criteria have been met and staff is recommending approval.
Holiday/Circle K Representative, Jim Gafner, Real Estate Development Manager, spoke about what would be built on the property, and addressed accessibility concerns.
Discussion was held on the number of car washes within the city, the convenience of car washes, and the profitability of the business.
Member Gunkelman moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat South Ridge Second Addition, as outlined in the staff report, as the proposal complies with the 2007 Tier 1 Southeast Land Use Map, the Standards of Section 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 Rosenberg. On call of the roll Members Holtz, Tasa, Stofferahn, Rosenberg, Morgan, Shewey Gunkelman, and Schneider voted aye. Absent and not voting: Member Schmidt. The motion was declared carried.
Discussion was held regarding the water usage of car washes and restrictions imposed on the industry within the city.
Item 5: Rheault Second Addition
5a. Hearing on an application requesting a Zoning Change from GO, General Office to LC, Limited Commercial and MR-3, Multi-Dwelling Residential on the proposed Rheault Second Addition. (Located at 2318, 2322, and 2408 30th Avenue South) (Al and Sharon Carlson/Vision Bank): APPROVED
5b. Hearing on an application requesting a Plat of Rheault Second Addition (Minor Subdivision) a replat of Lots 3, 4, and a portion of 5, Block B of Replat of Part of Rheault Addition, to the City of Fargo, Cass County, North Dakota. (Located at 2318, 2322, 2408, and 2420 30th Avenue South) (Al and Sharon Carlson/Vision Bank): APPROVED
Planner Brad Garcia presented the staff report stating all approval criteria have not been met and staff is recommending denial.
Discussion was held regarding the missing middle housing demand, the need for single-family homes, a plan for bringing in more homes, the amount of single-units and multi-family units, reason for recommending denial, and what is the alternative to building single-family in multi-family zoning.
Applicant Alan Carson (via conference call) spoke on behalf of the application.
Applicant Representative Dan Currier, Vision Bank, spoke in favor of the application and the project.
Member Gunkelman moved the findings and recommendations of staff be rejected and approval be recommended to the City Commission of the proposed 1) Zoning Change from GO, General Office to LC, Limited Commercial and MR-3, Multi-Dwelling Residential, and 2) Subdivision Plat, Rheault Second Addition, as the proposal does comply with the GO2030 Fargo Comprehensive Plan, the Adopted Area Plan, the Standards of Section 20-0906.F(1-4), Section 20-0907.B and C, and Article 20-06 of the Land Development Code. Second by Member Rosenberg.
Further discussion was held regarding inconsistency in the Land Development Code allowing single-family units to be built in multi-family zoning, the right use of the land with the correct corresponding zoning, and residential protections within the different zoning.
On call of the roll Members Gunkelman, Shewey, Morgan, Holtz and Rosenberg voted aye. Members Tasa, Stofferahn, and Schneider voted nay. Absent and not voting: Member Schmidt. The motion was declared carried.
Item 6: Woodcrest Third Addition
Hearing on an application requesting a Waiver of requirement to install a public sidewalk on Lots 13, 14, and 15, Block 16, Woodcrest Third Addition. (Located at 155, 161, and 167 South Woodcrest Drive North) (Mark and Barbara McCourt/Jon and Sadie Erickson/Justin Hanson and Jenaah McLeod-Hanson): DENIED
Mr. Kress presented the staff report stating all approval criteria have not been met and staff is recommending denial.
Discussion was held on the connectivity of the sidewalk to the path and how bicyclist and pedestrians could access it.
The following residents spoke in opposition to the application stating the following concerns: there are no current issues that need to be solved, would like a summer without construction, was not notified about this project, Illinois and Connecticut don’t have sidewalks in cul de sacs, a connectivity path will increase foot traffic, flood buyouts have resulted in drug deals happening in the neighborhood.
Jon Erickson, 161 South Woodcrest Drive North
Jenaah McLeod-Hanson, 155 South Woodcrest Drive North
Member Stofferahn moved the findings and recommendations of staff be accepted and denial be recommended to the City Commission of the proposed Waiver of requirement to install a public sidewalk on Lots 13, 14, and 15, Block 16, Woodcrest Third Addition, as the proposal does not meet the intent of the GO2030 Fargo Comprehensive Plan and related plans, or the intent of the guidelines as set forth within Section 20-0609.A (1-7) of the Land Development Code. Second by Member Tasa. On call of the roll Members Holtz, Morgan, Gunkelman, Stofferahn, Tasa and Schneider voted aye. Members Rosenberg, and Shewey voted nay. Absent and not voting: Member Schmidt. The motion was declared carried.
At 5:26 p.m., the Board took a five-minute recess.
After recess: All members present except Members Schmidt and Tasa. Chair Schneider presiding,
Chair Schneider amended the agenda to remove Item D4 due to length of the meeting.
Item D: Other Items:
Item 1: Introduction of proposed Covey Ranch 3rd Addition and Master Plan of 120 acres in the North half of Section 10, Township 138 North, Range 49 West, South of 64th Avenue South and East of 45th Street South.
Planning Coodinator Maegin Elshaug presented an overview of the Master Plan for the area as an introduction to an upcoming project.
Applicant Representative, Matt Welle, Senior Project Manager Moore Engineering, presented a timeline of the activity in the area, and future plan scheduling goals.
Discussion was held regarding the proposed Nature Park, access to high density area, the role of the diversion, and drainage in development of this area.
Item 2: Downtown InFocus Take Action: Recommendation for Adoption APPROVED
Chair Schneider stated his job involves him with the Downtown InFocus Plan and requested the other Commissioners wishes on if he should participate on this item.
Other commissioners felt he was okay to proceed.
Planning and Development Director Nicole Crutchfield presented an update on the Downtown InFocus Plan and stated staff was seeking recommendation of adoption to the City Commission.
Member Rosenberg moved recommendation be made to the City Commission for adoption. Second by Member Shewey. All Members present voted aye and the motion was declared carried.
Item 3: FM Regional Housing Study: Recommendation for Approval: APPROVED
Ms. Crutchfield presented an update to the FM Regional Housing Study and stated staff was seeking recommendation be made to the City Commission for approval.
Discussion was held on the next steps after City Commission, what information is contained in the study, and how the information can be used.
MetroCOG Representative, Adam Altenburg, Project Manager, spoke about setting up a joint powers agreement setting up a Housing Commission with jurisdiction in the area and the entities who could potentially provide members to the commission.
Member Gunkelman moved recommendation be made to the City Commission for approval. Second by Member Rosenberg. All Members present voted aye and the motion was declared carried.
Item 4: Planning Commission Review of 25th Street Corridor Study
Item 4 was removed from the agenda and not heard.
The time at adjournment was 5:53 p.m.