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Planning Commission - July 2, 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, July 2, 2024.

The Planning Commissioners present or absent were as follows:

Present: Maranda Tasa, Scott Stofferahn, Art Rosenberg, Jennifer Holtz, Thomas Schmidt, Brett Shewey, Amy Hass, Tyler Mohs, Paul Gleye

Absent: Joseph Cecil

Acting Chair Tasa called the meeting to order.

Business Items:
Item A: Approve Order of Agenda
Member Schmidt 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 June 4, 2024
Member Stofferahn moved the minutes of the June 4, 2024 Planning Commission meeting be approved. Second by Member Shewey. All Members present voted aye and the motion was declared carried.

Item C: Introductions and Recognitions
Acting Chair Tasa recognized outgoing Planning Commission Members John Gunkelman, Rocky Schneider, and Dawn Morgan for their service, time, and commitment to the Planning Commission. She welcomed new Members Amy Hass, Tyler Mohs, and Paul Gleye.

Item D: Public Hearing Items:

Item 1: 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

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

Discussion was held on access to the properties and the easement.

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

Additional discussion was held on the amount of traffic on 31st Street South.

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

Member Shewey 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 2001 Growth Plan South Remainder, 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 Shewey, Holtz, Rosenberg, Schmidt, Stofferahn, Hass, Mohs, and Tasa voted aye. Member Gleye voted nay. Absent and not voting: Member Cecil. The motion was declared carried.

Item 2: University South Fifth Addition
Hearing on an application requesting a Plat of University South Fifth Addition (Minor Subdivision) a replat of Lots 1-2, Block 1, University South Third Addition, to the City of Fargo, Cass County, North Dakota. (Located at 2253 and 2285 University Drive South) (Grove Enclave, LLC/Houston Engineering): APPROVED

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

Discussion was held on the allowed uses in the Conditional Overlay.

Member Stofferahn moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat University South Fifth Addition, as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive 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 Holtz. On call of the roll Members Rosenberg, Holtz, Hass, Shewey, Mohs, Gleye, Schmidt, Stofferahn, and Tasa voted aye. Absent and not voting: Member Cecil. The motion was declared carried.

Item 3: EOLA Third Addition
Hearing on an application requesting a Plat of EOLA Third Addition (Minor Subdivision) a replat of Lots 3-5, Block 1, EOLA Second Addition, to the City of Fargo, Cass County, North Dakota. (Located at 4410 and 4448 24th Avenue South and 4417 26th Avenue South) (The Wave by Epic, LLC/EOLA Landholdings, LLC/MBN Engineering): APPROVED

Planning Coordinator Maegin Elshaug 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 Subdivision Plat EOLA Third 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, Hass, Stofferahn, Mohs, Rosenberg, Holtz, Shewey, and Tasa voted aye. Absent and not voting: Member Cecil. The motion was declared carried.

Item 4: YWCA Addition and Presentation Addition
4a. Hearing on an application requesting a Zoning Change from MR-1, Multi-Dwelling Residential, MR-2, Multi-Dwelling Residential, and SR-2, Single-Dwelling Residential to P/I, Public and Institutional on portions of YWCA Addition and Presentation Addition. (Located at 3000 University Drive South; 3014 12th Street South; 3000, 3001, 3003, and 3004 11th Street South; 1120 30th Avenue South; 1001 and 1101 32nd Avenue South) (YWCA of Fargo-Moorhead/Sisters of the Presentation/Lantern Light, LLC/Cove Lane, LLC/City of Fargo): APPROVED

4b. Hearing on an application for an Institutional Master Plan on portions of YWCA Addition and Presentation Addition. (Located at 3000 University Drive South; 3014 12th Street South; 3000, 3001, 3003, 3004, and 3014 11th Street South; 1120 30th Avenue South; 1001 and 1101 32nd Avenue South) (YWCA of Fargo-Moorhead/Sisters of the Presentation/Lantern Light, LLC/Cove Lane, LLC/City of Fargo): APPROVED

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

Discussion was held on proposed infrastructure upgrades.

Mr. Boerboom, spoke on behalf of the Engineering Department regarding a storm sewer lift station and flood protection.

Erin Prochonow, CEO of the YWCA, spoke on behalf of the application.

Member Gleye moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Zoning Change from MR-1, Multi-Dwelling Residential, MR-2, Multi-Dwelling Residential, and SR-2, Single-Dwelling Residential, to P/I, Public and Institutional, as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive 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; and to approve the Institutional Master Plan as presented, contingent on approval of the Zoning Change to P/I, Public and Institutional for the subject properties, as outlined in the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the Standards of Section 20-0911.E (1-3) of the Land Development Code ,and all other applicable requirements of the Land Development Code. Second by Member Stofferahn. On call of the roll Members Schmidt, Holtz, Stofferahn, Mohs, Rosenberg, Gleye, Shewey, Hass, and Tasa voted aye. Absent and not voting: Member Cecil. The motion was declared carried.

Item 5: Harwood’s Fourth Addition
5a. Hearing on an application requesting a Zoning Change from MR-3, Multi-Dwelling Residential to SR-5, Single-Dwelling Residential on the proposed Harwood’s Fourth Addition. (Located at 806 7th Street North) (ProCore Development, LLC): APPROVED

5b. Hearing on an application requesting a of Plat of Harwood’s Fourth Addition (Minor Subdivision) a replat of a portion of Lots 2 and 3, Block 13, Hardwood’s Second Addition, to the City of Fargo, Cass County, North Dakota. (Located at 806 7th Street North) (ProCore Development, LLC): 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 June 25, 2024.

Discussion was held on the difference between a duplex and twin home, garage and parking access, the plan aligning with City of Fargo housing needs, and projected sale cost.

Applicant representative Brandon Raboin spoke on behalf of the application.

Member Holtz moved the finding and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Zoning Changed from MR-3, Multi-Dwelling Residential to SR-5, Single-Dwelling Residential, and 2) Subdivision Plat Harwood’s Fourth Addition, as outlined within the staff report, as the proposal complies with the adopted Roosevelt/NDSU Neighborhood area of the Core Neighborhoods Plan, the Standards of Article 20-06, and Section 20-0906.F (1-4) and Section 20-0907.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 Stofferahn, Hass, Mohs, Shewey, Gleye, Schmidt, Holtz, Rosenberg, and Tasa voted aye. Absent and not voting: Member Cecil. The motion was declared carried.

Item 6: College Third Addition
Hearing on an application requesting a Plat of College Third Addition (Minor Subdivision) a replat of a portion of Lot 1 and all of Lots 2-3, Block 16, College Second Addition, to the City of Fargo, Cass County, North Dakota. (Located at 1038 25th Street North) (Neset Land Surveying/Aomeed Murad): APPROVED

Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted an additional resident comment was provided as a handout to the Board.

Discussion was held on lot size consistency in the neighborhood,

Applicant representative Bakhtyar Murad, spoke on behalf of the application.

The following residents spoke in opposition to the application stating the following concerns: minimal parking availability, small alley size, too many people currently residing at the home, current residents holding loud parties, not enough space for a second home, this home being rental versus other parts of the neighborhood being resident owned and occupied, increased traffic speeds, and garage not being utilized for parking.

Paula Sell, 1122 25th Street North
Dustin Kopecky, 2509 11th Avenue North
Richard Norgard, 1030 26th Street North
Allen Schmidt, 1105 26th Street North
Tamara Schmidt, 1105 26th Street North

Mr. Kress provided an overview of the process for zoning enforcement and code enforcement concerns.

Discussion continued with Board members clarifying this application is for a subdivision plat, if the proposed new lot is large enough for a home, and nuisance behaviors due to current tenants of the property.

Member Shewey moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat College Third Addition, as outlined within the staff report as the proposal complies with the adopted Madison/Unicorn Park Neighborhood area of the Core Neighborhoods 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 Hass. On call of the roll Members Hass, Mohs, Shewey, Rosenberg, Gleye, Stofferahn, Schmidt, and Tasa voted aye. Member Holtz voted nay. Absent and not voting: Member Cecil. The motion was declared carried.

Item E: Other Items:

Item 1: Nominating Committee

Member Stofferahn shared that the nominating committee is recommending Member Tasa to serve as Chair, and Member Rosenberg to serve as Vice Chair of the Planning Commission.

Member Stofferahn moved to appoint Member Tasa as Chair and Member Rosenberg as Vice Chair. Second by Member Mohs. All Members present voted aye and the motion was declared carried.

Item 2: Growth Plan 2024 Discussion

Planning and Development Assistant Director Mark Williams provided an overview of Growth Plan updates, noting the project consultants will be in Fargo in mid-July.

Discussion was held on the timeline and process for the Growth Plan and Land Development Code rewrite projects.

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 4:10 p.m.