Planning Commission - November 7, 2023
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, November 7, 2023.
The Planning Commissioners present or absent were as follows:
Present: Rocky Schneider, Maranda Tasa, Scott Stofferahn (via conference call), Art Rosenberg, Jennifer Holtz, Thomas Schmidt, Brett Shewey
Absent: John Gunkelman, Dawn Morgan
Chair Schneider called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Member Rosenberg moved the Order of Agenda be approved as presented. Second by Member Holtz. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of October 3, 2023
Member Tasa moved the minutes of the October 3, 2023 Planning Commission meeting be approved. Second by Member Rosenberg. All Members present voted aye and the motion was declared carried.
Member Holtz moved to change the order of agenda to hear Item 2: Ekman Addition before Item 1: CC’s First Addition. Second by Member Schmidt. All Members present voted aye and the motion was declared carried.
Item C: Public Hearing Items:
Item 1 was heard after Item 2.
Item 1: CC’s First Addition
Hearing on an application requesting a Plat of CC’s First Addition (Major Subdivision) a plat of an unplatted portion of the Southeast Quarter of Section 34, Township 139 North, Range 49 West of the Fifth Principal Meridian, to the City of Fargo, Cass County, North Dakota. (Located at 5080 38th Street South) (KLC Holdings, LLC/Christianson Companies): APPROVED
Planning Coordinator Donald 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 CC’s First Addition, as outlined in the staff report, as the proposal complies with the 2003 Growth Plan, the Standards of Article 20-06, Section 20-0907.C of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Shewey. On call of the roll Members Shewey, Holtz, Rosenberg, Stofferahn, Schmidt, Tasa, and Schneider voted aye. Absent and not voting: Members Gunkelman and Morgan. The motion was declared carried.
Item 2 was heard before Item 1.
Item 2: Ekman Addition
Hearing on an application requesting a Zoning Change from GC, General Commercial to MR-3, Multi-Dwelling residential on Lot 3, Block 1, Ekman Addition. (Located at 1728 42nd Street South) (Blazing Wings Properties, LLC/Commonwealth Development): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the access location to the property.
Applicant Tyler Sheeran, Commonwealth Developers, spoke via conference call on behalf of the application.
Member Schmidt 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 to MR-3, Multi-Dwelling Residential on Lot 3, Block 1, Ekman Addition, as outlined within the staff report, as the proposal complies with all the Standards of Section 20-0906.F (1-4) of the Land Development Code, the GO2030 Fargo Comprehensive Plan, and all other applicable requirements of the Land Development Code. Second by Member Tasa. On call of the roll Members Holtz, Stofferahn, Shewey, Schmidt, Rosenberg, Tasa, and Schneider voted aye. Absent and not voting: Members Morgan and Gunkelman. The motion was declared carried.
Item 3: Timber Parkway Eighth Addition
Hearing on an application requesting a Zoning Change to repeal and reestablish a C-O, Conditional Overlay on Lot 1, Block 1, Timber Parkway Eighth Addition. (Located at 5056 Charles Way South) (PLC Investments, LLC/Christianson Companies): APPROVED
Assistant Planner Alayna Espeseth presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on if billboards would be allowed.
Member Rosenberg moved the findings and recommendations for staff be accepted and approval be recommended to the City Commission of the proposed Zoning Change to repeal and reestablish a C-O, Conditional Overlay on Lot 1, Block 1, Timber Parkway Eighth Addition, as outlined within the staff report, as the proposal complies with the 2001 South Remainder Land Use Plan, 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 Schmidt. On call of the roll Members Schmidt, Stofferahn, Tasa, Rosenberg, Holtz, Shewey, and Schneider voted aye. Absent and not voting: Members Gunkelman and Morgan. The motion was declared carried.
Item 4: Timber Parkway Tenth Addition
Hearing on an application requesting a Zoning Change to repeal and reestablish a C-O, Conditional Overlay on Lots 1-2, Block 1, Timber Parkway Tenth Addition. (Located at 5107 and 5161 Charles Way South) (KT Properties, LLC/Christianson Companies): APPROVED
Ms. Espeseth 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 Zoning Change to repeal and reestablish a C-O, Conditional Overlay of Lots 1-2, Block 1, Timber Parkway Tenth Addition, as outlined within the staff report, as the proposal complies with the 2001 South Remainder Land Use Plan, 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 Schmidt, Holtz, Tasa, Stofferahn, Rosenberg, Shewey, and Schneider voted aye. Absent and not voting: Members Gunkelman and Morgan. The motion was declared carried.
Item 5: University South Fourth Addition
Hearing on an application requesting a Conditional Use Permit to allow an Alternative Access Plan for off-site parking on Lots 1-2, Block 1, University South Fourth Addition. (Located at 1393 25th Avenue South and 1376 Oak Manor Avenue South) (Beyond Shelter Housing, LLC/Houston Engineering): APPROVED
Planner Brad Garcia presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant Representative Dan Madler, CEO Beyond Shelter Inc., spoke on behalf of the application.
Discussion was held on how parking requirements affect this type of project, and its relation to time and money for affordable housing.
Member Tasa moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow an Alternative Access Plan for off-site parking on Lots 1-2, Block 1, University South Fourth Addition, be approved as outlined within the staff report, as the proposal complies with Section 20-0909.D (1-6), Section 20-0701.E.4 of the Land Development Code, and all other applicable requirements of the Land Development Code, with the following conditions:
1. 18 Parking spaces shall be maintained and accessible to Lot 2, Block 1, University South Fourth Addition that meet the requirements for off-site parking.
2. Change of expansion of commercial use will require additional review by staff and/or the Planning Commission.
3. Change of ownership of either property will require an additional review by staff and/or the Planning Commission.
Second by Member Shewey. On call of the roll Members Tasa, Shewey, Stofferahn, Schmidt, Holtz, Rosenberg, and Schneider voted aye. Absent and not voting: Members Gunkelman and Morgan. The motion was declared carried.
Member Schmidt moved to adjourn the meeting. Second by Member Rosenberg. All Members present voted aye and the motion was declared carried.
The time at adjournment was 3:24 p.m.