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Record of Proceedings

Fargo Planning Commission Meeting - August 1, 2023

City Commission — Tuesday, August 1, 2023
BodyFargo, North Dakota
SessionCity Commission
DateTuesday, August 1, 2023
StatusFILED
Video Record
0:00 / 9:48:59

Original source
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0:59

Okay.

1:00

The time is three o'clock.

1:03

We'll call this meeting to order.

1:05

Today is Tuesday, August 1st, 2023.

1:08

This is the regular meeting of the Fargo Planning Commission.

1:12

The first item is A approving the order of agenda.

1:17

No changes to the agenda.

1:20

Do I have a motion?

1:22

Move to approve.

1:23

Second.

1:25

Motion and a second.

1:27

All in favor signify.

1:30

Signify by saying aye.

1:31

Aye.

1:32

Okay.

1:32

All opposed, same sign.

1:36

Approval of the agenda.

1:38

Item B is the minutes of the regular meeting of July 6th, 2023.

1:46

If you've had time to review any questions or changes.

1:51

If not, I would entertain a motion.

1:53

So moved.

1:55

Second.

1:57

Seven.

1:59

All in favor, signifying by saying aye.

2:03

All opposed, same sign.

2:06

Agenda is approved.

2:08

Now we will, I should mention, Rocky is gone, obviously.

2:12

I'm chair today.

2:16

Now we're gonna go ahead to public hearing items.

2:19

The first item is one Alpha Bravo Charlie.

2:24

Um I always do that.

2:27

One A, one B and one C for civilian folk.

2:31

Um we are going to hear about the Interstate Business District Edition, a hearing on for the application for the growth plan, the zonings change, and the plat commercials.

2:45

You have seen this before coming back to us from the July 10th, 2023.

2:54

Thank you, ma'am.

2:55

Good afternoon, Commissioners.

2:57

Donald Cress of the Department of Planning and Development.

3:00

Um, as the chair has stated, uh, you've seen this one before.

3:04

This was in hearings on May 2nd and June 6th.

3:08

And uh your recommendation at the June 6th meeting was for denial.

3:12

This went forward to the City Commission on July 10th.

3:15

Uh, after hearing the presentations and testimony there, the city commission referred it back to your commission.

3:21

Since this was last in front of your commission on June 6th, this project has evolved.

3:26

You may remember uh this a very important item of discussion uh in the testimony there was the rock or the concrete crushing operation that was proposed to be on there.

3:37

Subsequent to your June 6th meeting, the applicant Trent Duda decided to just eliminate that use on this property.

3:45

Uh so that is not a permitted use that's indicated in the revised conditional overlay that's in your packet as well.

3:51

So that is off the table, as they say.

4:29

So if you do have any questions, please let me know.

4:32

So we are here located here.

4:34

This is 40th Avenue South 45th Street, South, City of Riley's acres, Riley's acres extra territorial jurisdiction.

4:41

This piece up here is City of Fargo, ETJ, and uh I 29 there.

4:47

Uh the uh pictures, not much has changed from a couple of weeks ago here.

4:51

This is the uh the property memory fireworks here is not part of this project.

4:56

That's on a an on an adjacent but property that's not part of this.

5:00

And then this is in the distance here, the Riley's Acres ETJ residence, and then that piece of Fargo ETJ.

5:07

This is just looking north on 45th Street.

5:09

Here's County Drain 40.

5:10

That figures into our discussion today.

5:12

And again, the residences in Riley's Acres.

5:14

The trees do have leaves on them now, by the way.

Discussion Breakdown — Share of Meeting
Procedural█████████████████████████████████████████████70%
Zoning██████████████21%
Public Engagement█2%
Environmental Protection█2%
Growth Management█2%
Engineering And Infrastructure█1%
Public Health█1%
Affordable Housing█1%
Summary of Proceedings

Fargo Planning Commission Meeting - August 1, 2023

The Fargo Planning Commission met on Tuesday, August 1, 2023, at 3:00 PM in the Commission Chambers at City Hall. Vice Chair Maranda Tasa presided due to the absence of Chair Rocky Schneider and Member Dawn Morgan. The meeting addressed eight public hearing items, including growth plan amendments, zoning changes, subdivision plats, and conditional use permits. The meeting adjourned at 6:13 PM.

Consent Calendar

  • Approval of Agenda: Moved by Member Holtz, seconded by Member Gunkelman. All members present voted aye. Motion carried.
  • Approval of Minutes (July 6, 2023): Moved by Member Schmidt, seconded by Member Shewey. All members present voted aye. Motion carried.

Public Comments & Testimony

  • Item 1 – Interstate Business District Addition: Multiple residents of Reile's Acres and the surrounding ETJ spoke in opposition, citing concerns about decreased property values (estimated 25% decrease), buffer distance, tree planting timeline, allowed zoning in the Fargo ETJ, environmental and health impacts (including air quality and cancer risks), noise, traffic, and safety. Speakers included Paula Peterson, Mariia Goriacheva (chemical engineering professor), Josh Morrell (physician), Kyla DuBord, Thomas Krantz (Reile's Acres Council Member), Gail Prudhomme, and Tim Hager (Reile's Acres Council Member). They argued the proposed industrial and commercial zoning is inconsistent with the 2007 Growth Plan and would harm the residential community.
  • Item 8 – Golden Valley Second Addition: Neighborhood residents spoke in opposition to the conditional use permit for group living, citing concerns about negative impact on property values, number of vehicles, frequency of visitors, allowing a business in a residential area, safety, and the HOA covenants. Speakers included Dan Berglind, Edie Holcomb, Mike Strobel (HOA representative), Harold Rodenbiker, and Gary Schepp. They noted the home was built as a single-family residence and the proposed use does not fit the neighborhood.

Discussion Items

  • Item 1 – Interstate Business District Addition: Applicant Tony Eukel (MBN Engineering) and representatives Lee Grossman (attorney), Tom Nelson (Swan Real Estate), and Nate Vollmuth (Goldmark Design) presented the proposal. The staff report, presented by Planning Coordinator Donald Kress, recommended approval of the growth plan amendment, zoning change, and plat. Key discussion points included the removal of concrete crushing from the conditional overlay, the 260-foot buffer plus 20-foot additional buffer, the proposed berm and tree line, traffic safety, and compatibility with the growth plan. The City Engineer Tom Knakmuhs spoke on traffic. The Board discussed the possibility of a restrictive overlay and the zoning of Lot 9. A motion to amend Lot 9 from LI to GC failed (2-5). The original motion to recommend approval to the City Commission passed 5-2, with Members Gunkelman, Schmidt, Stofferahn, Rosenberg, and Tasa in favor, and Members Holtz and Shewey opposed.
  • Item 2 – Laverne's Third Addition (Minor Subdivision): Staff report by Donald Kress recommended approval. The plat combines four undeveloped lots into one. No public opposition. Motion to approve carried unanimously (7-0).
  • Item 3 – Timber Parkway Tenth Addition (Minor Subdivision): Staff report by Planner Luke Morman recommended approval. The plat splits one lot into two. Discussion on access and Charles Way. Motion to approve carried unanimously (7-0).
  • Item 4 – 45th Street Park Third Addition (Conditional Use Permit): Staff report by Luke Morman recommended approval of a CUP for manufacturing and production in GC zoning. The applicant, Nate Vollmuth, explained the use is for medical ventilator manufacturing. Discussion centered on limiting the CUP to specific square footage or users. The Board decided not to add square footage restrictions. Motion to approve with conditions passed 5-2, with Members Tasa, Gunkelman, Stofferahn, Holtz, and Schmidt in favor, and Members Rosenberg and Shewey opposed.
  • Item 5 – 45th Street Park Fifth Addition (Conditional Use Permit): Similar to Item 4, for a neighboring property. Staff report recommended approval. Discussion brief. Motion to approve with conditions passed 5-2, same split as Item 4.
  • Item 6 – Wentz Addition (Zoning Change): Staff report by Planner Brad Garcia recommended changing SR-2 to SR-3 to allow a home addition. No opposition. Motion to approve carried unanimously (7-0).
  • Item 7 – Buchholz Addition (Minor Subdivision with Drain Setback Waiver): Staff report by Donald Kress recommended approval. The plat replats two lots into three. The subdivision waiver for drain setback was no longer required. Discussion on lot configuration. Motion to approve carried unanimously (7-0).
  • Item 8 – Golden Valley Second Addition (Conditional Use Permit for Group Living): Staff report by Donald Kress recommended approval for an agency foster home for up to four adults (stroke, brain injury, dementia). The applicant, Giselle Ishimwe (registered nurse), explained the medical care model. The Fire Marshal noted the need for sprinklers. The Board discussed parking, staffing, and the notification process. Neighbors expressed opposition. Motion to approve with condition (new owner must apply for new CUP) passed 5-2, with Members Stofferahn, Shewey, Tasa, Schmidt, and Holtz in favor, and Members Rosenberg and Gunkelman opposed.

Key Outcomes

  • Item 1 – Interstate Business District Addition: Recommended approval to the City Commission (5-2). The staff recommendation was accepted. The amendment to change Lot 9 to GC failed.
  • Item 2 – Laverne's Third Addition: Approved (7-0).
  • Item 3 – Timber Parkway Tenth Addition: Approved (7-0).
  • Item 4 – 45th Street Park Third Addition: CUP approved (5-2) with conditions, including prohibited uses, landscaping, and no hazardous chemicals.
  • Item 5 – 45th Street Park Fifth Addition: CUP approved (5-2) with same conditions.
  • Item 6 – Wentz Addition: Zoning change recommended to City Commission (7-0).
  • Item 7 – Buchholz Addition: Plat approved (7-0).
  • Item 8 – Golden Valley Second Addition: CUP approved (5-2) with condition that new owner must obtain a new CUP. The decision is subject to a 10-day appeal period.

Meeting Transcript

Okay. The time is three o'clock. We'll call this meeting to order. Today is Tuesday, August 1st, 2023. This is the regular meeting of the Fargo Planning Commission. The first item is A approving the order of agenda. No changes to the agenda. Do I have a motion? Move to approve. Second. Motion and a second. All in favor signify. Signify by saying aye. Aye. Okay. All opposed, same sign. Approval of the agenda. Item B is the minutes of the regular meeting of July 6th, 2023. If you've had time to review any questions or changes. If not, I would entertain a motion. So moved. Second. Seven. All in favor, signifying by saying aye. All opposed, same sign. Agenda is approved. Now we will, I should mention, Rocky is gone, obviously. I'm chair today. Now we're gonna go ahead to public hearing items. The first item is one Alpha Bravo Charlie. Um I always do that. One A, one B and one C for civilian folk. Um we are going to hear about the Interstate Business District Edition, a hearing on for the application for the growth plan, the zonings change, and the plat commercials. You have seen this before coming back to us from the July 10th, 2023. Thank you, ma'am. Good afternoon, Commissioners. Donald Cress of the Department of Planning and Development. Um, as the chair has stated, uh, you've seen this one before. This was in hearings on May 2nd and June 6th. And uh your recommendation at the June 6th meeting was for denial. This went forward to the City Commission on July 10th. Uh, after hearing the presentations and testimony there, the city commission referred it back to your commission. Since this was last in front of your commission on June 6th, this project has evolved. You may remember uh this a very important item of discussion uh in the testimony there was the rock or the concrete crushing operation that was proposed to be on there. Subsequent to your June 6th meeting, the applicant Trent Duda decided to just eliminate that use on this property. Uh so that is not a permitted use that's indicated in the revised conditional overlay that's in your packet as well. So that is off the table, as they say. So if you do have any questions, please let me know. So we are here located here. This is 40th Avenue South 45th Street, South, City of Riley's acres, Riley's acres extra territorial jurisdiction.

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