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Planning Commission - August 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, August 6, 2024.

The Planning Commissioners present or absent were as follows:

Present: Maranda Tasa, Scott Stofferahn, Art Rosenberg, Thomas Schmidt, Brett Shewey, Joseph Cecil, Paul Gleye

Absent: Amy Hass, Tyler Mohs, Jennifer Holtz

Chair Tasa called the meeting to order.

Business Items:
Item A: Approve Order of Agenda
Chair Tasa noted Item 4 has been continued to January 7, 2025.

Member Stofferahn 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 July 2, 2024
Member Gleye moved the minutes of the July 2, 2024 Planning Commission meeting be approved. Second by Member Rosenberg. All Members present voted aye and the motion was declared carried.

Item C: Public Hearing Items:

Item 1: Champion’s Gate at Prairie Farms Second Addition
Hearing on an application requesting a Plat of Champion’s Gate at Prairie Farms Second Addition (Minor Subdivision) a replat of Lots 1-25, Block 1, Champions Gate at Prairie Farms Addition, to the City of Fargo, Cass County, North Dakota. (Located at 5475-5643 and 5655-5785 31st Street South) (Prairie Grove, Inc./Houston Engineering, Inc.): 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 driveway locations, and alignment with the Fargo Housing Study.

Applicant representative Brian Pattengale, Houston Engineering, spoke on behalf of the application.

Discussion continued on the history of the site.

Member Stofferahn moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Champion’s Gate at Prairie Farms Second Addition, as outlined in the staff report, as the proposal complies with the Adopted 2001 Growth Plan, the Standards of Article 20-06, Section 20-0907.B and C, and all other applicable requirements of the Land Development Code. Second by Member Rosenberg. On call of the roll Members Shewey, Gleye, Rosenberg, Cecil, Schmidt, Stofferahn, and Tasa voted aye. Absent and not voting: Members Mohs, Hass, and Holtz. The motion was declared carried.

Item 2: Legacy I Eighth Addition
2a. Hearing on an application requesting a Zoning Change from GO, General Office with a C-O, Conditional Overlay to MR-3, Multi-Dwelling Residential with a PUD, Planned Unit Development Overlay and a request to repeal the C-O, Conditional Overlay on the proposed Lot 1, Block 1, Legacy I Eighth Addition. (Located at 6155 24th Street South) (Procore Development, LLC/Houston Engineering, Inc.): APPROVED

2b. Hearing on an application requesting a PUD, Planned Unit Development Master Land Use Plan within the boundaries of the proposed Lot 1, Block 1, Legacy I Eighth Addition. (Located at 6155 24th Street South) (Procore Development, LLC/Houston Engineering, Inc.): APPROVED

Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.

Applicant representatives Brian Pattengale and Brandon Raboin, spoke on behalf of the application.

Discussion was held on street parking.

Assistant City Engineer Nathan Boerboom spoke on behalf of the Engineering Department.

Further discussion was held on the Planned Unit Development, the location of planting units, parking locations, and Growth Plan consistency.

Planning and Development Assistant Director Mark Williams spoke on the Growth Plan and Land Development Code rewrite.

Member Gleye moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Zone Change from GO, General Office with a C-O, Conditional Overlay to MR-3, Multi-Dwelling Residential with a PUD, Planned Unit Development overlay, and 2) a PUD, Planned Unit Development Master Land Use Plan, as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, Article 20-0908(B)(a-e), Section 20-0906.F (1-4) of the Land Development Code, the 2001 Growth Plan (as amended), and all other applicable requirements of the Land Development Code, contingent on the City Commission approval of the Legacy I Eighth Addition Subdivision Plat. Second by Member Schmidt. On call of the roll Members Rosenberg, Cecil, Shewey, Gleye, Schmidt, Stofferahn, and Tasa voted aye. Absent and not voting: Members Holtz, Hass, and Mohs. The motion was declared carried.

Item 3: True North Addition
Hearing on an application requesting a Plat of True North Addition (Minor Subdivision) a replat of Lot 1, Block 1, West Acres Business Park 9th Addition and a portion of Lot 1, Block 1, West Acres Business Park 8th Addition, to the City of Fargo, Cass County, North Dakota. (Located at 4308 and 4314 20th Avenue South) (True North Church/Houston Engineering): APPROVED

Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.

Member Shewey moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat True North Addition, as outlined within the staff report, as the proposal complies with the Standards of Article 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 Gleye, Schmidt, Stofferahn. Rosenberg, Cecil, Shewey, and Tasa voted aye. Absent and not voting: Members Mohs, Hass, and Holtz. The motion was declared carried.

Item 4: Section 3, Township 140 North, Range 49 West
Hearing on an application requesting a Conditional Use Permit to allow Non-Farm Commercial Use in the AG, Agricultural zoning district on a portion of the East Half of Section 3, Township 140 North, Range 49 West. (Located at 6987 and 7102 37th Street North) (Tammie Dickerson/Joseph Cecil/Dark Acres, LLC): CONTINUED TO JANUARY 7, 2025

A Hearing had been set for this date and time; however the applicant has requested this application be continued to January 7, 2025.

Item 5: Simonson Companies Fourth Addition
Hearing on an application requesting a Plat of Simonson Companies Fourth Addition (Minor Subdivision) a replat of Lot 2, Block 1, Simonson Companies Third Addition and Lot 1, Block 1, Simonson Companies Second Addition to the City of Fargo, Cass County, North Dakota. (Located at 3971 53rd Avenue South and 5237 38th Street South) (Simonson Companies, LLC/ Lowry Engineering): APPROVED

Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.

Member Stofferahn moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Simonson Companies Fourth Addition, as outlined within the staff report, as the proposal complies with the 2007 Growth Plan, Section 20-0907.B and C, the Standards of Article 20-06 of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Gleye. On call of the roll Members Shewey, Gleye, Cecil, Schmidt, Stofferahn, Rosenberg, and Tasa voted aye. Absent and not voting: Members Mohs, Hass, and Holtz. The motion was declared carried.

Item 6: MLTB Addition
Hearing on an application requesting a Plat of MLTB Addition (Minor Subdivision) a replat of Lot 1, Block 1, Commerce on 12th Addition to the City of Fargo, Cass County, North Dakota. (Located at 5650 13th Avenue North) (Lepine Holdings, LLC/MBN Engineering, Inc.): APPROVED

Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.

Member Gleye moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat MLTB Addition, as outlined within the staff report, as the proposal complies with the 2007 Growth Plan, the Standards of Article 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 Cecil, Rosenberg, Shewey, Gleye, Stofferahn, Schmidt, and Tasa voted aye. Absent and not voting: Members Mohs, Hass, and Holtz. The motion was declared carried.

Item 7: Hearing on the adoption of the proposed Fargo Growth Plan 2024 to the City Commission: APPROVED

Mr. Williams presented an overview of the Growth Plan process and next steps.

Discussion was held on the Land Development Code rewrite process and timelines, and on the history of zoning in Fargo.

Member Rosenberg moved the Planning Commission recommend that the City Commission approve and adopt the Fargo Growth Plan 2024. Second by Member Schmidt. On call of the roll Members Shewey, Rosenberg, Cecil, Gleye, Stofferahn, Schmidt, and Tasa voted aye. Absent and not voting: Member Hass, Holtz, and Mohs. The motion was declared carried.

Item D: Other Items:

Item 1: Planned Unit Development Final Plan for Schatz Fifth Addition.

Planning Coordinator Maegin Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval.

Applicant representative Jon Youness, EagleRidge Development, spoke on behalf of the application.

Discussion was held on the sidewalk location.

Member Rosenberg moved the findings and recommendations of staff be accepted and the Planned Unit Development Final Plan be approved for Schatz Fifth Addition, as outlined within the staff report, as the proposal complies with the PUD, Planned Unit Development Master Land Sue Plan, Section 20-0908.D of the Land Development Code, and all other applicable requirements of the Land Development Code, contingent of the City Commission approval of the zoning change and PUD, Planned Unit Development Master Land Use Plan. Second by Member Schmidt. On call of the roll Members Stofferahn, Cecil, Shewey, Schmidt, Rosenberg, Gleye, and Tasa voted aye. Absent and not voting: Members Hass, Mohs, and Holtz. The motion was declared carried.

Member Stofferahn 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 3:53 p.m.