Planning Commission - February 4, 2025 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, February 4, 2025.
The Planning Commissioners present or absent were as follows:
Present: Art Rosenberg, Scott Stofferahn, Brett Shewey, Tyler Mohs, Paul Gleye, Michael Betlock, Tracy Jordre
Absent: Maranda Tasa, Joseph Cecil, Amy Hass, Thomas Schmidt
Vice Chair Rosenberg called the meeting to order.
Business Items:
Item A: Approve Order of Agenda
Vice Chair Rosenberg noted that Items 1a, 1b, and 1c have been continued to April 1, 2025, and introduced new Planning Commissioner Tracy Jordre.
Member Gleye moved the Order of Agenda be approved as presented. Second by Member Shewey. All Members present voted aye and the motion was declared carried.
Item B: Minutes: Regular Meeting of January 7, 2025
Member Stofferahn moved the minutes of the January 7, 2025 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 APRIL 1, 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 APRIL 1, 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 APRIL 1, 2025
A Hearing had been set for November 5, 2024. At the November 5, 2024 meeting, the Hearing was continued to December 3, 2024. At the December 3, 2024 meeting, the Hearing was continued to this date and time, however the applicant has requested this application be continued to April 1, 2025.
Item 2: Edgewood Second Addition
Continued hearing on an application requesting a Conditional Use Permit to allow group living in the SR-2, Single Dwelling Residential zoning district on Lot 11, Block 9, Edgewood Second Addition. (Located at 213 Forest Avenue North) (Connecting Point, LLC/Brad McCaslin): DENIED
A Hearing had been set for January 7, 2025. At the January 7, 2025 meeting the Hearing was continued to this date and time.
Planning Coordinator Donald Kress presented the staff report stating all approval criteria have not been met and staff is recommending denial.
Discussion was held on if a similar Conditional Use Permit had ever been approved in the past.
Applicant Brad McCaslin spoke on behalf of the application.
Discussion continued on precedent setting, the ordinance, and the neighborhood.
The following residents spoke in support of the application noting the five residents are student athletes with good character and GPAs, they are responsible, contribute to the neighborhood, neighboring house has offered parking spaces, and the residents take pride in representing Fargo.
Tim Polasak, 4407 58th Street South
Nathaniel Staehling, 213 Forest Avenue North
Denise Scufsa, 217 Forest Avenue North
The following resident spoke in opposition to the application stating the following concerns: this is a single-family neighborhood, and City codes and regulations should be followed.
David Slack, 218 Forest Avenue North
Further discussion was held on when this ordinance was established in the Land Development Code.
Assistant Director of Planning and Development Mark Williams spoke on the Land Development Code.
Additional discussion as held on other jurisdictions’ regulations of unrelated people residing in a residence, and history of the ordinance.
Assistant City Attorney Alissa Farol Czapiewski spoke on behalf of the Legal Department and conditions that could be attached to a Conditional Use Permit.
Discussion continued on feelings versus regulations and codes, the difference between family units and individuals, intensity of use, precedent setting, density, the in-process rewrite of the Land Development Code, and long-term implications.
Member Gleye moved to accepted the findings and recommendations of staff and deny the proposed Conditional Use Permit to allow group living on Lot 11, Block 9, Edgewood Second Addition, as outlined within the staff report, as the proposal does not satisfy all the criteria of Section 20-0909.D and Section 20-0402.E of the Land Development Code. Second by Member Shewey. On call of the roll Members Betlock, Jordre, Stofferahn, Mohs, Gleye, Shewey, and Rosenberg voted aye. Absent and not voting: Members Tasa, Cecil, Hass, and Schmidt. The motion was declared carried.
Item 3: Northdale First Addition
3a. Continued hearing on an application requesting a Zoning Change from AG, Agricultural to LI, Limited Industrial with a C-O, Conditional Overlay on the proposed Northdale First Addition. (Located at 4300 County Highway 81 North) (Allstar Land Company/Christianson Companies, Inc.): APPROVED
3b. Continued hearing on an application requesting a Plat of Northdale First Addition (Major Subdivision) a plat of an unplatted portion of the Southeast Quarter of Section 15, Township 140 North, Range 49 West, of the Fifth Principal Meridian, Cass County, North Dakota. (Located at 4300 County Highway 81 North) (Allstar Land Company/Christianson Companies, Inc.): APPROVED
A Hearing had been set for September 5, 2024, At the September 5, 2024 meeting, the Hearing was continued to October 1, 2024. At the October 1, 2024 meeting, the Hearing was continued to November 5, 2024. At the November 5, 2024 meeting, the Hearing was continued to this date and time.
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Discussion was held on the impact of the North Dakota Department of Transportation redesign of Exit 69.
Assistant City Engineer Nathan Boerboom spoke on behalf of the Engineering Department.
Applicant representative Chris Mack, Christianson Companies, spoke on behalf of the application.
Further discussion was held on design quality along the Interstate.
Member Stofferahn 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 LI, Limited Industrial with a C-O, Conditional Overlay, and 2) Subdivision Plat Northdale First Addition, as outlined within the staff report, as the proposal complies with the Standards of Article 20-06, Section 20-0906.F (1-4), and Section 20-0907.B & C of the Land Development Code, and all other applicable requirements of the Land Development Code, and the 2007 and 2024 Fargo Growth Plans. Second by Member Mohs. On call of the roll Members Gleye, Stofferahn, Mohs, Jordre, Betlock, Shewey, and Rosenberg voted aye. Absent and not voting: Members Cecil, Tasa, Schmidt, and Hass. The motion was declared carried.
Item 4: Morton & Doty’s Addition
Continued 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): APPROVED
A Hearing was held on December 3, 2024. At the December 3, 2024 meeting, the Hearing was continued to January 7, 2025. At the January 7, 2025 meeting, the Hearing was continued to this date and time.
Mr. Kress presented history of the application and the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant representatives Blair Ransom, Buell Consulting, and Tammy Hartman, Verizon Network Outreach, spoke on behalf of the application.
Discussion was held on the height of the existing power poles on site.
Member Gleye moved the findings and recommendations of staff be accepted and the Conditional Use Permit to reduce Telecommunications Support Structure (TSS) setback requirements and to allow the Telecommunications Support Structure (TSS) to exceed the maximum height requirements on the LC, Limited Commercial zoning district on Lots 23, 24, and 25, Block 14, Morton & Doty’s Addition be approved, as presented, as the proposal complies with the Standards of Section 20-0909.D, Section 20-0402.N.3.e.1-5, and Section 20-0402.N.3.K.1-3 of the Land Development Code, and all other applicable requirements of the Land Development Code with the following conditions:
1. Telecommunications Support Structure (TSS) height may not exceed 79 feet.
2. Telecommunications Support Structure (TSS) location must be consistent with the site plan provided in the February 4th, 2025 Planning Commission packet.
3. No ground equipment may be installed on this site.
4. The opaque wall or fence described in Land Development Code Section 20-0402.N.3.h (2) is not required for this Telecommunications Support Structure (TSS).
5. The setback from residentially-zoned property to the North of the Telecommunication Support Structure (TSS) shall be reduced to a minimum of 176.5 feet.
Second by Member Stofferahn. On call of the roll Members Betlock, Shewey, Mohs, Gleye, Jordre, Stofferahn, and Rosenberg voted aye. Absent and not voting: Members Hass, Tasa, Cecil, and Schmidt. The motion was declared carried.
Item 5: The Pass at Woodhaven Addition
Hearing on an application requesting a Plat of The Pass at Woodhaven Addition (Minor Subdivision) a replat of Part of Lot 2, Block 1, Woodhaven Plaza Addition, to the City of Fargo, Cass County, North Dakota. (Located at 4142, 4144, 4148, 4150, 4168, 4170, 4174, and 4176 Arthur Drive) (Brookstone Companies, LLC/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 The Pass at Woodhaven Addition, as outlined within the staff report, as the proposal complies with the Fargo Growth Plan 2024, the Standards of Article 20-06, Section 20-0907.B & C 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 Jordre, Mohs, Shewey, Gleye, Betlock, Stofferahn, and Rosenberg voted aye. Absent and not voting: Members Hass, Cecil, Tasa, and Schmidt. The motion was declared carried.
Item D: Other Items:
Item 1: Request for Planning Commission approval of a modification of restrictive covenants on Lot 7, Block 4, Airport First Addition. (Located at 1101 19th Avenue North) (Midwest Buttiso, LLC/Cityscapes 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 width of the tree buffer, landscaping requirements, and fire lane access.
Fire Marshall Ryan Erickson spoke on behalf of the Fire Department.
Applicant representative Rick Flacksbarth, Cityscapes Development, spoke on behalf of the application.
Additional discussion was held on the Residential Protection Standards.
Mr. Kress noted that the applicant for the property was incorrectly noted, and should be Midwest Burrito, LLC.
Member Shewey moved the findings and recommendations of staff be accepted and to approve the proposed variance to the restrictive covenants of Airport First Addition, as presented on Lot 7, Block 4, Airport First Addition. Second by Member Stofferahn. On call of the roll Members Shewey, Gleye, Stofferahn, Jordre, and Rosenberg voted aye. Members Mohs and Betlock voted nay. Absent and not voting: Members Tasa, Schmidt, Hass, and Cecil. The motion was declared carried.
Assistant Director of Planning and Development Mark Williams provided a brief update on upcoming Land Development Code rewrite meetings and noted consultants will be in town the week of February 24. He noted more information on the process can be found at www.FargoLDC.org.
The time at adjournment was 4:28 p.m.