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Planning Commission - May 6, 2025 Minutes

The Regular Meeting of the Board of Planning Commissioners of the City of Fargo, North Dakota, was held in the Sky Commons Conference Center, Fargo Civic Center at 3:00 p.m., Tuesday, May 6, 2025.

The Planning Commissioners present or absent were as follows:

Present: Maranda Tasa, Art Rosenberg, Thomas Schmidt, Brett Shewey, Joseph Cecil, Amy Hass, Tyler Mohs, Paul Gleye, Michael Betlock

Absent: Tracy Jordre, Scott Stofferahn

Chair Tasa called the meeting to order.

Business Items:
Item A: Approve Order of Agenda
Chair Tasa noted Item 4 has been continued to June 3, 2025.

Member Shewey moved the Order of Agenda be approved as presented. Second by Member Gleye. All Members present voted aye and the motion was declared carried.

Item B: Minutes: Regular Meeting of April 1, 2025
Member Schmidt moved the minutes of the April 1, 2025 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: J & O 45th Street Apartments Addition
1a. Hearing on an application requesting a Zoning Change from GC, General Commercial with a PUD, Planned Unit Development Overlay to GC, General Commercial with an amended PUD, Planned Unit Development Overlay on Lot 2, Block 1, EOLA Second Addition and on the proposed J & O 45th Street Apartments Addition. (Located at 4417 and 4477 26th Avenue South and 4410, 4448, 4470, and 4474 24th Avenue South) (EOLA Landholdings, LLC/The Wave Resort, LLC/MAKT, LLC/Houston Engineering): APPROVED

1b. Hearing on an application requesting a PUD, Planned Unit Development Master Land Use Plan Amendment on Lot 2, Block 1, EOLA Second Addition and on the proposed J & O 45th Street Apartments Addition. (Located at 4417 and 4477 26th Avenue South and 4410, 4448, 4470, and 4474 24th Avenue South) (EOLA Landholdings, LLC/The Wave Resort, LLC/MAKT, LLC/Houston Engineering): APPROVED

1c. Hearing on an application requesting a Zoning Change from GC, General Commercial with a PUD, Planned Unit Development Overlay to GC, General Commercial with a C-O, Conditional Overlay and removal from the PUD, Planned Unit Development Master Land Use Plan on Lots 1 and 2, Block 1, EOLA Addition. (Located at 4415 and 4471 24th Avenue South) (EOLA Landholdings, LLC/Christopher H. Crowe, RT/Houston Engineering): APPROVED

1d. Hearing on an application requesting a Plat of J & O 45th Street Apartments Addition (Major Subdivision) a replat of Lots 1, 3, 4 and 5, Block 1, EOLA Second Addition, to the City of Fargo, Cass County, North Dakota, including a subdivision waiver for reduced minimum turnaround dimensions and maximum length of a cul-de-sac. (Located at 4417 and 4477 26th Avenue South and 4410 and 4448 24th Avenue South) (EOLA Landholdings, LLC/The Wave Resort, LLC/Houston Engineering): APPROVED

Planning Coordinator Maegin Elshaug provided a history and overview of the location. She presented the staff report stating all approval criteria have been met and staff is recommending approval.

Discussion was held on the amount of surface parking, access into the property, and intersection safety.

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

Further discussion was held on the proposed cul-de-sacs and best practices.

Mr. Boerboom spoke on the uniqueness of the site.

Additional discussion was held on parking, roadway design, and open space.

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

Discussion continued on traffic flow through the property and access points.

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 GC, General Commercial with a PUD, Planned Unit Development Overlay to GC, General Commercial with an amended PUD, Planned Unit Development Overlay on Lot 2, Block 1, EOLA Second Addition and on the proposed J & O 45th Street Apartments Addition, 2) PUD, Planned Unit Development Master Land Use Plan Amendment on Lot 2, Block 1, EOLA Second Addition and on the proposed J & O 45th Street Apartments Addition, 3) Zoning Change from GC, General Commercial with a PUD, Planned Unit Development Overlay to GC, General Commercial with a C-O, Conditional Overlay and removal from the PUD, Planned Unit Development Master Land Use Plan on Lots 1 and 2, Block 1, EOLA Addition, and 4) Subdivision Plat of J & O 45th Street Apartments Addition, including a subdivision waiver for reduced minimum turnaround dimensions and maximum length of a cul-de-sac, as outlined within the staff report, as the proposal complies with the GO2030 Fargo Comprehensive Plan, the 2024 Fargo Growth Plan, the Standards of Article 20-06, Section 20-0907.C, Section 20-0907.D.3(a-c) Section 20-0906.F (1-4), and Section 20-0908.B.7(a-e) 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 Shewey, Gleye, Betlock, Rosenberg, Cecil, Schmidt, Hass, Mohs, and Tasa voted aye. Absent and not voting: Members Stofferahn and Jordre. The motion was declared carried.

Item 2: Sullivan Second Addition
2a. Hearing on an application request a Zoning Change from GO, General Office and P/I, Public and Institutional to GO, General Office and P/I, Public and Institutional on the proposed Sullivan Second Addition. (Located at 5202 and 5534 25th Street South and 5201 and 5475 Bishops Boulevard South) (Diocese of Fargo/MBN Engineering): APPROVED

2b. Hearing on an application requesting a Plat of Sullivan Second Addition (Minor Subdivision) a replat of Lots 1-2, Block 1, Sullivan Addition to the City of Fargo, Cass County, North Dakota. (Located at 5202 25th Street South and 5201, 5475 and 5534 Bishops Boulevard South) (Diocese of Fargo/MBN Engineering): APPROVED

Planner Chelsea Levorsen presented the staff report stating all approval criteria have been met and staff is recommending approval.

Discussion was held on the zoning of the property the church is located on.

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 P/I, Public and Institutional and GO, General Office to P/I, Public and Institutional and GO, General Office, and 2) Subdivision Plat Sullivan Second Addition as outlined within the staff report as the proposal complies with the 2007 and 2024 Growth Plans, the Standards of Article 20-06, Sections 20-0906.F (1-4), and Sections 20-0907. B & C of the Land Development Code, and all other applicable requirements of the Land Development Code. Second by Member Betlock. On call of the roll Members Rosenberg, Betlock, Hass, Cecil, Shewey, Mohs, Gleye, Schmidt, and Tasa voted aye. Absent and not voting: Members Stofferahn and Jordre. The motion was declared carried.

Item 3: Southwest Fargo Mission Second Addition
Hearing on an application requesting a Conditional Use Permit (CUP) for an Alternative Access Plan for a parking reduction on Lot 1, Block 1, Southwest Fargo Mission Second Addition. (Located at 4475 40th Avenue South) (52nd Avenue Investments, LLC/Christianson Companies): APPROVED

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

Discussion was held on the conditions of the Conditional Use Permit.

Applicant representative Chris Mack, Christianson Companies, spoke on behalf of the application.

Member Shewey moved the findings and recommendations of staff be accepted and the Conditional Use Permit to allow an Alternative Access Plan for parking reduction in the MR-3, Multi-Dwelling Residential zoning district on Lot 1, Block 1, Southwest Mission Second Addition be approved, as outlined within the staff report, as the proposal complies with the 2024 Growth Plan, the Standards of Section 20-0909.D (1-6) of the Land Development Code, and all other applicable requirements of the Land Development Code, with the following conditions:

1. A minimum of 149 parking spaces shall be provided on the subject property for a 55+ living facility.

2. Future permits are generally consistent with the site plan provided in the May 6, 2025 Planning Commission packet. Changes may require review by the Planning Commission as determined by Planning staff.

Second by Member Rosenberg. On call of the roll Members Gleye, Schmidt, Hass, Mohs, Rosenberg, Betlock, Cecil, Shewey, and Tasa voted aye. Absent and not voting: Members Stofferahn and Jordre. The motion was declared carried.

Item 4: Section 14, Township 138 North, Range 49 West
Hearing on an application requesting a Conditional Use Permit (CUP) to allow non-farm commercial use in the AG, Agricultural zoning district on a portion of the Southeast Quarter of Section 14, Township 138 North, Range 49 West. (Located at 2717 88th Avenue South) (Arenson Holdings, LLC/Kyle Jaeger): CONTINUED TO JUNE 3, 2025

A Hearing has been set for this date and time, however the applicant has requested this application be continued to June 3, 2025.

Item D: Other Items:

Item 1: Annexation of approximately 87.89 acres of portions of Sections 10 and 15, Township 140 North, Range 49 West, of the Fifth Principal Meridian, Cass County, North Dakota.

Planning and Development Assistant Director Mark Williams presented the staff report stating all approval criteria have been met and staff is recommending approval.

Discussion was held on utilities for the property.

Member Rosenberg moved the findings and recommendations of staff be accepted and the Planning Commission find that the proposed annexation of portions of Sections 10 and 15, Township 140 North, Range 49 West of the Fifth Principal Meridian, Cass County, North Dakota to be consistent with the 2024 Fargo Growth Plan. Second by Member Mohs. On call of the roll Members Hass, Mohs, Shewey, Gleye, Cecil, Schmidt, Betlock, Rosenberg, and Tasa voted aye. Absent and not voting: Members Jordre and Stofferahn. The motion was declared carried.

The time at adjournment was 3:59 p.m.