Planning Commission - October 1, 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, October 1, 2024.
The Planning Commissioners present or absent were as follows:
Present: Maranda Tasa, Art Rosenberg, Jennifer Holtz, Thomas Schmidt, Brett Shewey, Amy Hass, Tyler Mohs,
Absent: Joseph Cecil, Paul Gleye, Scott Stofferahn
Chair Tasa called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Chair Tasa noted Items 1a, 1b and 5 have been continued to November 5, 2024.
Member Holtz moved the Order of Agenda be approved as presented. Second by Member Rosenberg. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of September 5, 2024
Member Shewey moved the minutes of the September 5, 2024 Planning Commission meeting be approved. Second by Member Hass. All Members present voted aye and the motion was declared carried.
Item C: Public Hearing Items:
Item 1: Northdale First Addition
1a. Continued hearing on an application requesting a Zoning Change from AG, Agricultural to LI, Limited Industrial with a C-O, Conditional Overlay on the proposed Northdale First Addition. (Located at 4300 County Highway 81 North) (Allstar Land Company/Christianson Companies, Inc.): CONTINUED TO NOVEMBER 5, 2024
1b. Continued hearing on an application requesting a Plat of Northdale First Addition (Major Subdivision) a plat of an unplatted portion of the Southeast Quarter of Section 15, Township 140 North, Range 49 West, of the Fifth Principal Meridian, Cass County, North Dakota. (Located at 4300 County Highway 81 North) (Allstar Land Company/Christianson Companies, Inc.): CONTINUED TO NOVEMBER 5, 2024
A Hearing had been set for September 5, 2024. At the September 5, 2024 meeting, the Hearing was continued to this date and time, however the applicant has requested this application be continued to November 5, 2024.
Item 2: Selkirk Place Third Addition
2a. Hearing on an application requesting a Zoning Change from AG, Agricultural to SR-4, Single-Dwelling Residential and P/I, Public and Institutional on the proposed Selkirk Place Third Addition. (Located at 3040 and 3200 67th Avenue South) (NICD, LLC/EagleRidge Development): APPROVED
2b. Hearing on an application requesting a Plat of Selkirk Place Third Addition (Major Subdivision) a plat of an unplatted portion of the Northwest Quarter and a portion of Auditor’s Lot 2 in the Northeast Quarter of Section 11, Township 138 North, Range 49 West, of the Fifth Principal Meridian, Cass County, North Dakota. (Located at 3040 and 3200 67th Avenue South) (NICD, LLC/EagleRidge Development): APPROVED
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the proposed retention pond.
Assistant City Engineer Nathan Boerboom spoke on behalf of the Engineering Department.
Additional discussion was held on lot sizes, and providing affordable housing for the missing middle according to the Housing Study.
Applicant Representative Jon Youness, EagleRidge Development, spoke on behalf of the application.
Further discussion was held on the grid layout of the development, and easements.
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 SR-4, Single-Dwelling Residential and P/I, Public and Institutional, and 2) Subdivision Plat Selkirk Place Third Addition, as outlined within the staff report, as the proposal complies with the Fargo Growth Plan 2024, the Standards of Article 20-06, Sections 20-0906.F (1-4) and 20-0907 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, Hass, Shewey, Mohs, Schmidt, and Tasa voted aye. Absent and not voting: Members Cecil, Gleye, and Stofferahn. The motion was declared carried.
Item 3: HAL Addition
3a. Hearing on an application requesting a Zoning Change from DMU, Downtown Mixed-Use, MR-3, Multi-Dwelling Residential, and LC, Limited Commercial to DMU, Downtown Mixed-Use on the proposed HAL Addition. (Located at 602, 608, 612, and 616 3rd Street North; 601 and 617 4th Street North; 304 and 312 7th Avenue North) (J2SL Partners, LLP/Stephen Lyngstad): APPROVED
3b. Hearing on an application requesting a Plat of HAL Addition (Major Subdivision) a replat of Block 37, Keeney and Devitt’s Second Addition, including vacation of the alley, to the City of Fargo, Cass County, North Dakota. (Located at 602, 608, 612, and 616 3rd Street North; 601 and 617 4th Street North; 304 and 312 7th Avenue North) (J2SL Partners, LLP/Stephen Lyngstad): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted a public informational meeting was held on September 12, 2024.
Discussion was held on residential protection standards, and access points.
Mr. Boerboom spoke on behalf of the Engineering Department.
Applicant Stephen Lyngstad, J2SL Partners, LLP, spoke on behalf of the application.
Additional discussion was held on the project timeline.
Member Rosenberg moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Zoning Change from DMU, Downtown Mixed Use, MR-3, Multi-Dwelling Residential, and LC, Limited Commercial to DMU, Downtown Mixed Use, and 2) Subdivision Plat HAL Addition, including vacation of Right-of-way, as outlined within the staff report, as the proposal complies with the Standards of Article 20-06, Sections 20-0907.C and 20-0906.F (1-4) of the Land Development Code, and all other applicable requirements of the Land Development Code, the Downtown InFocus Plan, and of North Dakota Century Code Chapter 40-39. Second by Member Holtz. On call of the roll Members Schmidt, Hass, Mohs, Rosenberg, Holtz, Shewey, and Tasa voted aye. Absent and not voting: Members Gleye, Cecil, and Stofferahn. The motion was declared carried.
Item 4: Village West Fourth Addition
Hearing on an application requesting a Conditional Use Permit (CUP) to allow for wholesale sales use in the GC, General Commercial zoning district, on Lot 1, Block 1, Village West Fourth Addition. (Located at 902 40th Street South) (902 40th, LLC/Christianson Companies): APPROVED
Planning Coordinator Maegin Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Shewey moved the findings and recommendations for staff be accepted and the Conditional Use Permit to allow Wholesale Sales use in the GC, General Commercial zoning district be approved, 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) No outdoor storage of equipment or supplies.
4) Off-street parking, loading, vehicular circulation areas, and outdoor yards shall have an all-weather surface, as defined by the Land Development Code.
5) The manufacturing, production, processing, or repackaging 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 1st, 2024 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 Rosenberg. On call of the roll Members Schmidt, Holtz, Mohs, Rosenberg, Shewey, Hass, and Tasa voted aye. Absent and not voting: Members Stofferahn, Cecil, and Gleye. The motion was declared carried.
Item 5: Austin’s Subdivision
Hearing on an application requesting a Conditional Use Permit (CUP) to allow for industrial service use in the GC, General Commercial zoning district on Lot 3, Block 1, Austin’s Subdivision. (Located at 5418 53rd Avenue South) (Lowry Engineering/JBJ Properties, LLC): CONTINUED TO NOVEMBER 5, 2024
A Hearing had been set for this date and time; however the applicant has requested this application be continued to November 5, 2024.
Item 6: Southwest Fargo Mission Second Addition
Hearing on an application requesting a Zoning Change from GC, General Commercial with a C-O, Conditional Overlay to MR-3, Multi-Dwelling Residential with a C-O, Conditional Overlay on Lot 1, Block 1, Southwest Fargo Mission Second Addition. (Located at 4475 40th Avenue South) (4540 Investments, LLC/Christianson Companies): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted an updated Conditional Overlay was provided to the Board.
Member Shewey moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Zoning Change from GC, General Commercial with a C-O, Conditional Overlay to MR-3, Multi-Dwelling Residential with a C-O, Conditional Overlay on Lot 1, Block 1, Southwest Fargo Mission Second Addition, as outlined within the staff report, as the proposal complies with the Fargo Growth Plan 2024, the Standards of Section 20-0906.F (1-4) 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, Mohs, Holtz, Shewey, Hass, Schmidt, and Tasa voted aye. Absent and not voting: Members Cecil, Gleye, and Stofferahn. The motion was declared carried.
Planning and Development Director Nicole Crutchfield provided an update to the Board on the Land Development Code rewrite, and spoke on next steps in the process.
Member Rosenberg moved to adjourn the meeting. Second by Member Holtz. All Members present voted aye and the motion was declared carried.
The time at adjournment was 3:26 p.m.