Planning Commission - June 4, 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, June 4, 2024.
The Planning Commissioners present or absent were as follows:
Present: Rocky Schneider, Maranda Tasa, John Gunkelman, Scott Stofferahn, Art Rosenberg, Jennifer Holtz, Dawn Morgan, Thomas Schmidt, Brett Shewey, Joseph Cecil
Absent: None
Chair Schneider called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Chair Schneider noted that Item 1 has been withdrawn.
Member Tasa moved the Order of Agenda be approved as presented. Second by Member Gunkelman. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of May 7, 2024
Member Shewey moved the minutes of the May 7, 2024 Planning Commission meeting be approved. Second by Member Schmidt. All Members present voted aye and the motion was declared carried.
Members Holtz, Stofferahn, Cecil, and Rosenberg present.
Item C: Public Hearing Items:
Item 1: Urban Plains by Brandt Eighth Addition
Continued hearing on an application requesting a Plat of Urban Plains by Brandt Eighth Addition (Minor Subdivision) a replat of Lot 3, Block 1, Urban Plains by Brandt Seventh Addition, to the City of Fargo, Cass County, North Dakota. (Located at 2975 Seter Parkway South) (Urban Plains Land Company, LLC/Gleason Companies/Lowry Engineering): WITHDRAWN
A Hearing had been set for March 5, 2024. At the March 5, 2024 meeting, the Hearing was continued to this April 2, 2024. At the April 2, 2024 meeting, the Hearing was continued to this date and time, however the applicant has requested this application be withdrawn.
Item 2: Schatz Fifth Addition
2a. Hearing on an application requesting a Planned Unit Development Master Land Use Plan on the proposed Lot 1, Block 1, Schatz Fifth Addition. (Located at 5671 34th Avenue South) (Cedars South, LLC/Eagle Ridge Development):
2b. 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 Lot 1, Block 1, Schatz Fifth Addition. (Located at 5671 34th Avenue South) (Cedars South, LLC/Eagle Ridge Development): APPROVED
2c. Hearing on an application requesting a Plat of Schatz Fifth Addition (Minor Subdivision) a replat of Auditor’s Lot 1 of Schatz Third Addition and Lot 1, Block 2, Schatz Third Addition to the City of Fargo, Cass County, North Dakota. (Located at 5601 and 5671 34th Avenue South) (Cedars South, LLC/Eagle Ridge Development/The Haven on Veterans LLC): 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 1) PUD, Planned Unit Development Master Land Use Plan, 2) Zoning Change from MR-3, Multi-Dwelling Residential to MR-3, Multi-Dwelling Residential with a PUD, Planned Unit Development overlay, and 3) Subdivision Plat Schatz Fifth Addition, as outlined within the staff report, as the proposal complies with the GO2030 Comprehensive Plan, the Adopted Area Plan, Section 20-0906.F(1-4), Section 20-0908.B(7), 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 Stofferahn. On call of the roll Members Holtz, Gunkelman, Cecil, Shewey, Stofferahn, Morgan, Schmidt, Rosenberg, Tasa, and Schneider voted aye. The motion was declared carried.
Item 3: Selkirk Place Second Addition
3a. Hearing on an application requesting a Zoning Change from AG, Agricultural and GC, General Commercial to MR-3, Multi-Dwelling Residential with C-O, Conditional Overlay, and SR-4, Single-Dwelling Residential, and SR-5, Single Dwelling Residential on the proposed Selkirk Place Second Addition. (Located at 6655 Selkirk Drive South) (Eagle Ridge Development): APPROVED
3b. Hearing on an application requesting a Plat of Selkirk Place Second Addition (Major Subdivision) a plat of a part of the North Half of Section 11, Township 138 North, Range 49 West of the Fifth Principal Meridian, to the City of Fargo, Cass County, North Dakota. (Located at 6655 Selkirk Drive South) (Eagle Ridge Development): 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 the proposed lots, sidewalk requirements, and if there is a waterway.
Member Rosenberg 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 and GC, General Commercial to SR-4, Single-Dwelling Residential, SR-5, Single-Dwelling Residential, and MR-3, Multi-Dwelling Residential with a C-O, Conditional Overlay, and 2) Subdivision Plat Selkirk Place Second Addition, as outlined within the staff report, as the proposal complies with the 2007 Growth Plan, the Standards of Article 20-06, Section 20-0906.F(1-4), Section 20-0907 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 Morgan, Schmidt, Gunkelman, Stofferahn, Tasa, Rosenberg, Holtz, Cecil, Shewey, and Schneider voted aye. The motion was declared carried.
Item 4: Edgewood Estates Third Addition
Hearing on an application requesting a Plat of Edgewood Estates Third Addition (Minor Subdivision) a replat of Lot 1, Block 1, Edgewood Estates Second Addition, to the City of Fargo, Cass County, North Dakota. (Located at 3619 Parker Place North) (Jon Schilling/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 approval be recommended to the City Commission of the proposed Subdivision Plat, Edgewood Estates Third Addition, as outlined within the staff report, as the proposal complies with 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 Schmidt, Holtz, Tasa, Cecil, Stofferahn, Rosenberg, Morgan, Shewey, Gunkelman, and Schneider voted aye. The motion was declared carried.
Item 5: The Pines at the District Seventh Addition
5a. Hearing on an application requesting a Zoning Change from LC, Limited Commercial with a C-O, Conditional Overlay to LC, Limited Commercial with a C-O, Conditional Overlay and MR-3, Multi-Dwelling Residential with a C-O, Conditional Overlay on the proposed The Pines at the District Seventh Addition. (Located at 5461 38th Street South) (Gitty-Up, LLC/Houston Engineering): APPROVED
5b. Hearing on an application requesting a Plat of The Pines at the District Seventh Addition (Minor Subdivision) a replat of Lot 1, Block 1, The Pines at the District Sixth Addition, to the City of Fargo, Cass County, North Dakota. (Located at 5461 38th Street South) (Gitty-Up, LLC/Houston Engineering): APPROVED
Planner Luke Morman presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the stormwater retention pond.
Assistant City Engineer Nathan Boerboom spoke on behalf of the Engineering Department.
Applicant Representative Brian Pattengale spoke on behalf of the application.
Member Gunkelman moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed 1) Zoning Change from LC. Limited Commercial with a C-O, Conditional Overlay to LC, Limited Commercial with a C-O, Conditional Overlay and MR-3, Multi-Dwelling Residential with a C-O, Conditional Overlay and 2) Subdivision Plat, The Pines at the District Seventh Addition, as outlined within the staff report, as the proposal complies with the Adopted 2007 Tier 1 Southwest Land Use Plan, the Standards of Article 20-06. Section 20-0906.F(1-4), Section 20-0907.B and C of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Morgan. On call of the roll Members Tasa, Gunkelman, Shewey, Morgan, Cecil, Schmidt, Holtz, Stofferahn, Rosenberg, and Schneider voted aye. The motion was declared carried.
Item 6: Legacy I Eighth Addition
6a. Hearing on an application requesting a Zoning Change from GO, General Office with a C-O, Conditional Overlay to GO, General Office with a C-O, Conditional Overlay and SR-5, Single-Dwelling Residential on the proposed Legacy I Eighth Addition. (Located at 6155 24th Street South) (ProCore Development, LLC/Brandon Raboin): APPROVED
6b. Hearing on an application requesting a Plat of Legacy I Eighth Addition (Minor Subdivision) a replat of Lot 1, Block 1, Legacy I Seventh Addition to the City of Fargo, Cass County, North Dakota. (Located at 6155 24th Street South) (ProCore Development, LLC/Brandon Raboin): APPROVED
Mr. Morman 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 1) Zoning Change from GO, General Office with a C-O, Conditional Overlay to GO, General Office with a C-O, Conditional Overlay and SR-5, Single-Dwelling Residential, and 2) Subdivision Plat Legacy I Eighth Addition, as outlined within the staff report, as the proposal complies with the Adopted 2001 (amended) Growth Plan, the Standards of Article 20-06, Section 20-0906.F(1-4), Section 20-0907.B and C of the Land Development Code, and all applicable requirements of the Land Development Code. Second by Member Schmidt. On call of the roll Members Cecil, Rosenberg, Holtz, Shewey, Morgan, Gunkelman, Stofferahn, Tasa, Schmidt, and Schneider voted aye. The motion was declared carried.
Item 7: Beardsley’s Addition
Hearing on an application requesting a Vacation Plat of portions of 22nd Street North, the remainder of 8th Avenue North lying West of 21st Street North, and the Block 34 East-West alley, all originally dedicated with Beardsley’s Addition, lying between 7th and 8th Avenues North as currently located, City of Fargo, Cass County, North Dakota. (Located at 2105 and 2115 7th Avenue North; 706, 716, 718, 724, and 737 21st Street North; 705 22nd Street North) (John T. Jones Construction/Neset Surveying): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant representative Tim Vanderzanden, John T. Jones Construction, spoke on behalf of the application.
Discussion was held on the plan for the property.
Member Gunkelman moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Right-of-Way Vacation Plat Beardsley’s Addition, as outlined within the staff report, as the proposal complies with the North Dakota Century Code Section 40-39: Opening and Vacating Streets, Alleys, and Public Places. Second by Member Stofferahn. On call of the roll Members Gunkelman, Shewey, Tasa, Rosenberg, Cecil, Morgan, Stofferahn, Schmidt, Holtz, and Schneider voted aye. The motion was declared carried.
Item 8: Chas A. Roberts Addition
8a. Hearing on an application requesting a Conditional Use Permit to allow an Alternative Access Plan for a parking reduction on Lots 12-13, Block S, Chas A. Roberts Addition. (Located at 901 9th Street South) (Brian Walker): APPROVED
8b. Hearing on an application requesting a Zoning Change to repeal and reestablish a C-O, Conditional Overlay on Lots 12-13, Block S, Chas A. Roberts Addition. (Located at 901 9th Street South) (Brian Walker): APPROVED
Mr. Morman presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted a neighborhood open house meeting was held on May, 23, 2024.
Discussion was held on the condition of the alley.
Member Stofferahn moved the findings and recommendations of staff be accepted and the 1) Conditional Use Permit to allow an Alternative Access Plan for a parking reduction be approved, and to recommend approval to the City Commission of the 2) Zoning Change to repeal and reestablish a C-O, Conditional Overlay on Lots 12-13, Block S, Chas A. Roberts Addition, as outlined within the staff report, as the proposal complies with Section 20-0909.D(1-6) Section 20-0906.F(1-4) of the Land Development Code, the Core Neighborhoods Master Land Use Plan, and all other applicable requirements of the Land Development Code, with the following conditions for the Conditional Use Permit:
1. A Minimum of four parking spaces are required on site.
2. Change or expansion of retail sales and service use will require additional review by staff and/or the Planning Commission.
Second by Member Tasa. On call of the roll Members Shewey, Holtz, Stofferahn, Cecil, Tasa, Schmidt, Rosenberg, Morgan, Gunkelman, and Schneider voted aye. The motion was declared carried.
Item 9: Westrac Fifth Addition
Hearing on an application requesting a Plat of Westrac Fifth Addition (Minor Subdivision) a replat of Lots 2-3, Block 1, Westrac Third Addition, to the City of Fargo, Cass County, North Dakota. (Located at 3315 Westrac Drive South and 624 34th Street South) (SoFar Properties, LLP/JWPT, LLC/MBN Engineering, Inc.): APPROVED
Assistant Planner Alayna Espeseth 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 Westrac Fifth 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 Shewey. On call of the roll Members Morgan, Holtz, Shewey, Stofferahn, Gunkelman, Tasa, Schmidt, Cecil, Rosenberg, and Schneider voted aye. The motion was declared carried.
Item 10: Leach and Wells Subdivision
Hearing on an application requesting a Vacation Plat of a portion of 5th Avenue North right-of-way adjacent to Block 23, Leach and Wells Subdivision. (Located at 421 4th Street North adjacent to 415 4th Street North) (City of Fargo/Houston Engineering/Fargo Public School District): APPROVED
Ms. Espeseth presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the proposed plans.
Applicant representative Brian Pattengale, Houston Engineering, spoke on behalf of the application.
Member Gunkelman moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Right-of-Way Vacation Plat, Leach and Wells Subdivision (5th Avenue North), as outlined within the staff report, as the proposal complies with the North Dakota Century Code Section 40-39: Opening and Vacating Streets, Alleys, and Public Places. Second by Member Rosenberg. On call of the roll Members Rosenberg, Gunkelman, Morgan, Shewey, Cecil, Holtz, Schmidt, Tasa, Stofferahn, and Schneider voted aye. The motion was declared carried.
Item D: Other Items:
Item 1: Review of proposed Renewal Plan 2024-01 for consistency with the GO2030 Comprehensive Plan
Director of Strategic Planning and Development Jim Gilmour presented the renewal plan for a blighted area located on the northeast edge of Downtown.
Discussion was held on whose responsibility demolition would be, how long the block has been blighted, and future plans for the property.
Member Morgan moved to recommend to the City Commission that the proposed Renewal Plan is consistent with the GO2030 Comprehensive Plan of the City of Fargo. Second by Member Rosenberg. On call of the roll Members Tasa, Holtz, Schmidt, Cecil, Stofferahn, Morgan, Rosenberg, Shewey, Gunkelman, and Schneider voted aye. The motion was declared carried.
Item 2: Update to Planning Commission Rules of Internal Procedures and Operations
Chair Schneider provided a background on the item and opened up discussion.
Discussion was held on the proposed term limits, Chair and Vice Chair positions, language of the Bylaws, next steps, Cass County appointed Members, partial terms, and the member appointment process.
Planning and Development Director Nicole Crutchfield spoke on the appointment process for the Board, the governance sessions the City Commission has been going through, and standardization of the City’s Boards and Commissions.
Member Rosenberg moved to adjourn the meeting. Second by Member Tasa. All Members present voted aye and the motion was declared carried.
The time at adjournment was 4:08 p.m.