Planning Commission - December 3, 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, December 3, 2024.
The Planning Commissioners present or absent were as follows:
Present: Maranda Tasa, Scott Stofferahn, Art Rosenberg, Jennifer Holtz, Thomas Schmidt, Brett Shewey (via conference call), Joseph Cecil, Amy Hass, Tyler Mohs, Paul Gleye
Chair Tasa called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Chair Tasa noted Items 1a, 1b, and 1c have been continued to February 4, 2025. She also reminded Board Members that the Brown Bag meeting for the Land Development Code update will be December 10.
New Planning Department staff member, Chelsea Levorsen, was introduced.
Member Holtz present.
Member Gleye 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 November 5, 2024
Member Schmidt moved the minutes of the November 5, 2024 Planning Commission meeting be approved. Second by Member Gleye. All Members present voted aye and the motion was declared carried.
Item C: Public Hearing Items
Item 1: Broadway Commons Addition
1a. Continued hearing on an application requesting a Zoning Change from MR-3, Multi-Dwelling Residential to MR-3, Multi-Dwelling Residential with a PUD, Planned Unit Development Overlay on the proposed Broadway Commons Addition. (Located at 1004, 1014, and 1024 Broadway North; 1013 and 1017 7th Street North) (Silver Leaf Properties/MBN Engineering, Inc/Gleason Companies): CONTINUED TO FEBRUARY 4, 2025
1b. Continued hearing on an application requesting a PUD, Planned Unit Development Master Land Use Plan on the proposed Broadway Commons Addition. (Located at 1004, 1014, and 1024 Broadway North; 1013 and 1017 7th Street North) (Silver Leaf Properties/MBN Engineering, Inc/Gleason Companies): CONTINUED TO FEBRUARY 4, 2025
1c. Continued hearing on an application requesting a Plat of Broadway Commons Addition (Minor Subdivision) a replat of all of Lot 1, all of Auditor’s Lots A, B, E, F, and G and a portion of Lot 6 of Marelius’ Subdivision of Block 18 of Chapin’s Addition and part of Auditor’s Lot C of Block 17 of Chapin’s Addition to the City of Fargo, Cass County, North Dakota. (Located at 1004, 1014, and 1024 Broadway North; 1013 and 1017 7th Street North) (Silver Leaf Properties/MBN Engineering, Inc/Gleason Companies): CONTINUED TO FEBRUARY 4, 2025
A Hearing had been set for November 5, 2024. At the November 5, 2024 meeting, the Hearing was continued to this date and time, however the applicant has requested this application be continued to February 4, 2025.
Item 2: Prairie Farms Third Addition
Hearing on an application requesting a Plat of Prairie Farms Third Addition (Minor Subdivision) a replat of Lots 1-3, Block 6, Prairie Farms Addition, to the City of Fargo, Cass County, North Dakota. (Located at 5897, 5923, and 5945 31st Street South) (Prairie Grove, Inc./Houston Engineering): APPROVED
Chair Tasa recused herself from voting on this item and stepped down from the dais. Vice Chair Rosenberg presiding.
Planning Coordinator Donald 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 Prairie Farms Third Addition, as outlined within the staff report, as the proposal complies with the adopted Fargo Growth Plan 2024, 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 Hass. On call of the roll Members Holtz, Hass, Cecil, Shewey, Mohs, Gleye, Schmidt, Stofferahn, and Rosenberg voted aye. Member Tasa abstained from voting. The motion was declared carried.
Chair Tasa retook her seat on the dais, presiding over the meeting.
Item 3: Grafstrom First Addition
3a. Hearing on an application requesting a Zoning Change from AG, Agricultural to LI, Limited Industrial and AG, Agricultural on the proposed Grafstrom First Addition. (Located at 5401 and 5617 19th Avenue North and 2101 57th Street North) (Just North of the Horse Park, LLC/Christianson Companies): APPROVED
3b. Hearing on an application requesting a Plat of Grafstrom First Addition (Major Subdivision) a plat of an unplatted portion of the Southwest Quarter of Section 28, Township 140 North, Range 49 West, of the Fifth Principal Meridian, Cass County, North Dakota. (Located at 5401 and 5617 19th Avenue North and 2101 57th Street North) (Just North of the Horse Park, LLC/Christianson Companies): APPROVED
Mr. Kress 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 1) Zoning Change from AG, Agricultural to AG, Agricultural and LI, Limited Industrial, and 2) Subdivision Plat Grafstrom First Addition, as outlined within the staff report, as the proposal complies with the Standards of Article 20-06, Sections 20-0906.F (1-4), and 20-0907.C of the Land Development Code, and all other applicable requirements of the Land Development Code, and the 2024 and 2007 Growth Plans. Second by Member Mohs. On call of the roll Members Gleye, Schmidt, Hass, Stofferahn, Mohs, Rosenberg, Holtz, Cecil, Shewey, and Tasa voted aye. The motion was declared carried.
Item 4: Morton & Doty’s Addition
Hearing on an application requesting a Conditional Use Permit (CUP) to reduce Telecommunications Support Structure (TSS) setback requirements and to allow the TSS to exceed the maximum height requirements in the LC, Limited Commercial zoning district on Lots 23, 24, and 25, Block 14, Morton & Doty’s Addition. (Located at 1417 University Drive South) (McAllister Real Estate, LLLP/Buell Consulting): CONTINUED TO JANUARY 7, 2025
Mr. Kress presented the staff report stating all approval criteria have not been met and staff is recommending denial.
Discussion was held on allowable tower height, stealth tower design, the type of nearby properties, and the notification of nearby property owners.
Applicant representatives Blair Ransom, Buell Consulting, and Tammy Hartman, Verizon Network Outreach, spoke on behalf of the application.
Discussion continued on the future impact of redevelopment along the corridor if there is a tower in place, and landscape screening.
Assistant Director of Planning and Development Mark Williams spoke on the installation process and upkeep of boulevard trees.
Additional discussion was held on considering other locations, and consideration of moving the powerlines on the property to adjust the location of the tower.
Director of Planning and Development Nicole Crutchfield provided options for next steps regarding the application.
Further discussion was held on other Fargo locations that have stealth towers, what is considered a stealth tower, regulations regarding permitted locations, and alternative locations.
Member Gleye moved to continue the application to the January 7, 2025 meeting to look into the option of moving the tower to the Northeast corner of the property and burying the powerlines. Second by Member Stofferahn.
Additional discussion was held on the ideal location to place a tower in the area, the Land Development Code update, and alterative tower heights.
Ms. Hartman and Mr. Ransom asked for clarification on the request, noting other entities would have to be consulted regarding the powerlines.
Discussion continued on landscape screening, and property values near cell towers.
On call of the roll Members Schmidt, Holtz, Cecil, Stofferahn, Mohs, Rosenberg, Gleye, Shewey, and Hass voted aye. Member Tasa voted nay. The motion was declared carried.
Item 5: The District of Fargo Fifth Addition
Hearing on an application requesting a Zoning Change to repeal and reestablish a C-O, Conditional Overlay on Lot 1, Block 1, The District at Fargo Fifth Addition. (Located at 3788 55th Avenue South) (Nathan Skaff/Nicholas Qualley): APPROVED
Planner Luke Morman presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on what the current sign code allows if there wasn’t a Conditional Overlay on the property, the Fargo Transportation Plan, and animated signs distracting drivers.
Additional discussion was held on the type of sign, what types of advertisements would be on the sign, and location of the sign.
Applicant representatives Nathan Skaff, RedRock Property, and Nick Whalley, Scenic Signs, spoke on behalf of the application.
Mr. Williams shared that the Fargo sign code regulates brightness.
Member Schmidt moved to deny the proposed Zoning Change to repeal and reestablish a C-O, Conditional Overlay on Lot 1, Block 1, The District of Fargo Fifth Addition, as outlined within the Staff report as the proposal does not comply with the safety goals of the Fargo Transportation Plan. Second by Member Holtz. On call of the roll Members Schmidt and Holtz voted aye. Members Rosenberg, Hass, Mohs, Shewey, Cecil, Stofferahn, Gleye, and Tasa voted nay. The motion failed.
Member Mohs 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 on Lot 1, Block 1, The District of Fargo Fifth Addition, as outlined within the Staff report as the proposal complies with the 2024 Growth Plan, the Standards of Section 20-0906.F of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Cecil. On call of the roll Members Rosenberg, Hass, Mohs, Shewey, Cecil, Stofferahn, Gleye, and Tasa voted aye. Members Holtz and Schmidt voted nay. The motion was declared carried.
Item 6: Avery Commons Addition
Hearing on an application requesting a Plat of Avery Commons Addition (Minor Subdivision) a replat of Lots 5-9, Block 5, Cottagewood First Addition, to the City of Fargo, Cass County, North Dakota. (Located at 4931, 4943, 4949, 4955, and 4967 Avery Lane South) (Heritage Homes/Houston 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 the approval be recommended to the City Commission of the proposed Subdivision Plat Avery Commons Addition, as outlined within the staff report, as the proposal complies with the Adopted Fargo Growth Plan 2024, 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, Mohs, Holtz, Shewey, Gleye, Hass, Stofferahn, Schmidt, and Tasa voted aye. The motion was declared carried.
Item 7: Eagle Valley Fifth Addition
Hearing on an application requesting a Zoning Change from LC, Limited Commercial with a C-O, Conditional Overlay to SR-5, Single-Dwelling Residential on Lot 1, Block 1, Eagle Valley Fifth Addition. (Located at 7475 24th Street South) (Eagle Ridge 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 location being adjacent to two major roads and what the Growth Plan says for the area.
Applicant representative Jon Youness, EagleRidge Development, spoke on behalf of the application.
Member Hass moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Zoning Change from LC, Limited Commercial with a C-O, Conditional Overlay to SR-5, Single-Dwelling Residential with the repeal of Conditional Overlay Ordinance no. 5315, for Lot 1, Block 1, Eagle Valley Fifth Addition, as outlined within the staff report, as the proposal complies with the adopted Fargo Growth Plan 2024, 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 Mohs, Shewey, Hass, Rosenberg, Cecil, Gleye, Stofferahn, Schmidt, Holtz, and Tasa voted aye. The motion was declared carried.
Item 8: Osgood Townsite 15th Addition
Hearing on an application requesting a Conditional Use Permit to allow household living in the LC, Limited Commercial zoning district on Lot 4, Block 1, Osgood Townsite 15th Addition. (Located at 5100 47th Street South) (Grand 52, LLC/EagleRidge Development):
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the maximum number of units/density.
Applicant representative Jon Youness, spoke on behalf of the application.
Member Holtz moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow household living in the LC, Limited Commercial zoning district be approved, as outlined within the staff report, as the proposal complies with the Fargo Growth Plan 2024, the Standards of Section 20-0909.D of the Land Development Code, and all other applicable requirements of the Land Development Code, with the following condition:
1. To allow household living at a maximum density of 32 dwelling units per acre on Lot 4, Block 1, Osgood Townsite 15th Addition.
Second by Member Rosenberg. On call of the roll Members Stofferahn, Holtz, Cecil, Shewey, Schmidt, Rosenberg, Gleye, Mohs, Hass, and Tasa voted aye. The motion was declared carried.
Chair Tasa shared that today is Member Jennifer Holtz’s last meeting and thanked her for her time and service to the Planning Commission since she was appointed in August 2018.
The time at adjournment was 4:28 p.m.