Planning Commission - January 7, 2025 Mintues
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, January 7, 2025.
The Planning Commissioners present or absent were as follows:
Present: Maranda Tasa, Scott Stofferahn, Art Rosenberg, Thomas Schmidt, Brett Shewey, Joseph Cecil, Amy Hass, Tyler Mohs, Paul Gleye, Michael Betlock
Absent: None
Chair Tasa called the meeting to order and welcomed new Planning Commissioner Michael Betlock.
Business Items:
Item A: Approve Order of Agenda
Chair Tasa noted Item 1 has been withdrawn, and Items 2 and 3 have been continued to February 4, 2025.
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 December 3, 2024
Member Stofferahn moved the minutes of the December 3, 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: Section 3, Township 140 North, Range 49 West
Continued 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 (Located at 6987 and 7102 37th Street North) (Tammie Dickerson/Joseph Cecil/Dark Acres, LLC): WITHDRAWN
A Hearing had been set for August 6, 2024. At the August 6, 2024 meeting, the Hearing was continued to this date and time, however the applicant has requested this application be withdrawn.
Item 2: 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): CONTINUED TO FEBRUARY 4, 2025
A Hearing had been set for 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 February 4, 2025.
Item 3: Edgewood Second Addition
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): CONTINUED TO FEBRUARY 4, 2025
A Hearing had been set for this date and time, however the applicant has requested this application be continued to February 4, 2025.
Item 4: AAB Addition
4a. Hearing on an application requesting a Zoning Change from AG, Agricultural to P/I, Public and Institutional on the proposed AAB Addition. (Located at 4672 100th Avenue South and 10245 45th Street South) (Cass County Joint Water Resources District/Metro Flood Diversion Authority): APPROVED
4b. Hearing on an application requesting a Plat of AAB Addition (Major Subdivision) a plat of portion of the Northeast Quarter of the Northeast Quarter of Section 28, Township 138 North, Range 49 West, of the Fifth Principal Meridian, Cass County, North Dakota. (Located at 4672 100th Avenue South and 10245 45th Street South) (Cass County Joint Water Resources District/Metro Flood Diversion Authority): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval. He noted staff’s suggested motion as listed in the staff report as being updated to remove the contingency as the applicant has submitted the necessary information to remove the contingency.
Applicant representative Paul Barthel, FM MetroFlood Diversion Authority Consultant, 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 1) Zoning Change from AG, Agricultural to P/I, Public and Institutional, and 2) Subdivision Plat AAB 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 Growth Plan. Second by Member Stofferahn. On call of the roll Members Schmidt, Betlock, Cecil, Stofferahn, Mohs, Rosenberg, Gleye, Shewey, Hass, and Tasa voted aye. The motion was declared carried.
Item 5: Skyline Addition
Hearing on an application requesting a Plat of Skyline Addition (Minor Subdivision) a replat of Lots 16-22, Block 3, Beardsley’s Addition, to the City of Fargo, Cass County, North Dakota. (Located at 1117, 1121, 1125, 1129, 1133, 1137, and 1141 18th Street North) (Skyline, LLC/Goldmark Design and Development): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
The following residents spoke in opposition to the application stating the following concerns: increased traffic, parking concerns, size of the building, effect on special assessments and taxes, water pressure, and safety.
Sara Nelson,1106 18th Street North
Brian Nelson 1106 18th Street North
Mr. Kress noted this application is only for a minor subdivision plat and site plan review is a different process.
Assistant Engineering Director Nathan Boerboom spoke on behalf of the Engineering Department.
Discussion was held on the building permit process, and the Planning Commission’s jurisdiction with this application.
Applicant representative, Nate Vollmuth, Goldmark Property, spoke on behalf of the application.
Further discussion was held on the number of units allowed by right, the University Mixed-Use (UMU) zoning district allowances, setback requirements, and next steps.
Planning and Development Director Nicole Crutchfield share more information on the UMU, University Mixed-Use zoning district.
Member Rosenberg moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat Skyline Addition, as outlined within the staff report, as the proposal complies with 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 Shewey. On call of the roll Members Hass, Mohs, Shewey, Gleye, Cecil, Schmidt, Betlock, Stofferahn, Rosenberg, and Tasa voted aye. The motion was declared carried.
Item 6: EagleRidge Plaza Addition
Hearing on an application requesting a Plat of EagleRidge Plaza Addition (Minor Subdivision) a replat of Lot 6, Block 1, Bentley Place First Addition, to the City of Fargo, Cass County, North Dakota. (Located at 3231, 3241, 3251, 3261, and 3271 Seter Parkway South and 5551, 5591, and 5601 33rd Avenue South) (Bentley Place Properties, LLC/EagleRidge Development): APPROVED
Planning Coordinator Maegin Elshaug presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Schmidt stated he would recuse himself from voting due to being on the project team.
Member Shewey moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plat EagleRidge Plaza Addition, as outlined within the staff report, as the proposal complies with the Adopted 2024 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 Stofferahn. On call of the roll Members Cecil, Rosenberg, Mohs, Betlock, Shewey, Gleye, Hass, Stofferahn, and Tasa voted aye. Member Schmidt abstained from voting. The motion was declared carried.
Item 7: Craigs 16th Street Addition
Hearing on an application requesting a Conditional Use Permit to allow industrial service and warehouse uses in the GC, General Commercial zoning district on Lot 2, Block 1, Craigs 16th Street Addition. (Located at 136 16th Street North) (NSK Properties, LLC/Century Builders): APPROVED
Planner Luke Morman presented the staff report stating all approval criteria have been met and staff is recommending approval.
Applicant representative Brad Garcia, Century Builders, spoke on behalf of the application.
Discussion was held the proposed uses of the property.
Member Stofferahn moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow Industrial Service and Warehouse uses in the GC, General Commercial zoning district on Lot 2, Block 1, Craigs 16th Street Addition be approved, as outlined within the staff report, as the proposal complies with the 2024 Growth Plan, the 2021 Core Neighborhoods Plan, the Standards of Section 20-0909.D, and all other applicable requirements of the Land Development Code, with the following conditions:
1. The property shall not be used in whole or in part for storage of rubbish or debris of any kind whatsoever nor for the storage of any property or items that will cause such lot to appear untidy, unclean or unsightly as determined by the Zoning Administrator; nor shall any substance, item or material be kept on any lot that will emit foul odors, including compost sites and fertilizer.
2. All refuse containers, including dumpsters, shall be concealed from public view by opaque fence, screen wall or building extension.
3. No outdoor storage of equipment or supplies.
4. Off-street parking, loading, and vehicular circulation areas shall have an all-weather surface, as defined by the Land Development Code.
5. The manufacturing, production, or processing of food and/or animal products or hazardous chemicals and/or materials shall not be permitted.
6. Future permits are generally consistent with the site plan provided in the January 7, 2025 Planning Commission packet. Changes may require review by the Planning Commission as determined by Planning staff.
7. The Conditional Use Permit shall terminate if all industrial uses cease for a period of more than 12 consecutive months.
Second by Member Hass. On call of the roll Members Mohs, Shewey, Hass, Rosenberg, Cecil, Stofferahn, Schmidt, Betlock, and Tasa voted aye. Member Gleye voted nay. The motion was declared carried.
Item 8: Cottonwood Corner Addition
Hearing on an application requesting a Plat of Cottonwood Corner Addition (Minor Subdivision) a replat of Lots 3-5, Block 1, Commerce on 12th Third Addition, to the City of Fargo, Cass County, North Dakota. (Located at 5550, 5570, and 5590 13th Avenue North) (Cottonwood Corner, LLC/Bent Rock Investments, LLC/Century Builders): APPROVED
Mr. Kress presented the staff report stating all approval criteria have been met and staff is recommending approval.
Member Hass moved the findings and recommendations of staff be accepted and approval be recommended to the City Commission of the proposed Subdivision Plan Cottonwood Corner 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 and C of the Land development Code, and all other applicable requirements of the Land Development Code. Second by Member Mohs. On call of the roll Members Stofferahn, Betlock, Cecil, Shewey, Schmidt, Rosenberg, Gleye, Mohs, Hass, and Tasa voted aye. The motion was declared carried.
Item 9: Beardsley’s Addition
Hearing on an application requesting a Zoning Change from SR-3, Single-Dwelling Residential to UMU, University Mixed-Use on Lot 1, Block 4, Beardsley’s Addition. (Located at 1142 18th Street North) (Ellis Enterprises, LLC/Mary Killoran Ellis/Fifth Gear, LLC/Andrew Skatvold): 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 Zoning Change from SR-3, Single-Dwelling Residential to UMU, University Mixed-Use for Lot 1, Block 4, Beardsley’s Addition, as outlined within the staff report, as the proposal complies with the adopted Fargo Growth Plan 2024, the Core Neighborhoods Plan, 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 Betlock, Gleye, Shewey, Stofferahn, Hass, Mohs, Schmidt, Cecil, Rosenberg, and Tasa voted aye. The motion was declared carried.
The time at adjournment was 3:44 p.m.