Planning Commission - Regular Meeting

Okay, the time is three o'clock. Good afternoon. I'll call this meeting to order. Today is Tuesday, August 4th, 2026. uh... three p m regular meeting of fargo planning commission the first item will look at the agenda on your screen that there is to agenda changes item one has been continued to september first item six seven and eight have been withdrawn so make sure you take note of that and also going to introduce uh... our new commissioner daniel sunburn do you wanna Introduce yourself to the rest of the commission.

Okay, absolutely. Yeah, I got the microphone right, so I'm stepping on the right foot. My name is Dan Sundberg. I live in the Hawthorne neighborhood. I'm a retired Army officer, served 20 years active duty, and now I work in West Fargo in the ag industry as a manager.

Well, welcome to have you, and thank you for your service. Um, next item. So with those changes, I should probably, um, let's, um, let's go back to the agenda. I probably should have went there first. Let's go back to the agenda, noted the changes. Do I have a motion on the agenda?

So moved.

Second. I have a motion and a second. All those in favor, signify by saying aye. Aye. All opposed, same sign. Motion carries. Next, minutes of the regular meeting of July 7th, 2026. Everyone had a chance to look at the minutes. Any changes? If not, I'll take a motion. Move to approve. I have a motion to approve. Is there a second?

Second.

All those in favor signify by saying aye. Aye. All opposed, same sign. Motion carried. Public hearing items. The first item, reminder that 1-Alpha-1-Bravo is continued to September 1st. First item up is a hearing on application requesting a plat of Schultz and Williams second edition. Donald to present.

Thank you, ma'am. Good afternoon, commissioners. Donald Kress of the Department of Planning and Development. Our first item here is Schultz and Williams Second Edition. This is located here on South University Drive. The nearest landmark is the Cork and Cleaver Restaurant. You're probably all familiar with that. And the two adjacent properties here, University Drive and Harwood Drive. And here's a close-up of them here. Again, 32nd Avenue South is the nearest arterial cross street. Subject properties look like this. It was a rainy day yesterday, as you know. So Cork and Cleaver here, and there's a parking lot. There are two buildings here and one here that have various tenants in them. This is a view from 15th Street South. That is the backside of these, just looking between the two buildings, the two southerly buildings. There is a narrow space in there. And then this is, again, on the 15th Street side, looking two different ways, looking northwest. You see the building, the southmost building here. And then, or looking northeast here, rather, and looking southeast here. And again, here's the Cork and Cleaver and the adjacent building with a couple different tenants in it. The zoning here is GC, general commercial. No zone change is proposed. The basically what's happening here is just a rearrangement of lot lines. There are three, originally three properties here. A couple of them had some deed split lines in them. This is a busy looking plot here so this actually breaks the lots down more clearly here. So lot one is a combination of lots, parts of lots eight and nine. This lot will be the restaurant itself. This property building will be on its own lot. And then this corrects a lot line that was actually going through a bit of the edge of the building. So that's just moving over this dash line is the old lot line. The solid line is the new lot line. So it just really cleans this area up. There are several owners there as you see on the Listed on the staff report there are several owners involved one of the owners representatives is here today with us and again nothing No new development is proposed here. No changes to the zoning The project representative Alex Thiel of more engineering is with us this afternoon and may wish to address the commission Staffs recommendation is stated in your staff report and shown on the screen that includes our staffs presentation on the Schultz and Williams second edition Thank You commissioners Thank You Donald commissioners any questions for Donald

Seeing none, the applicant wish to add anything? Any questions for the applicant, commissioners? Seeing none, let's open up public hearing. Anybody wish to speak on this item? Item two, anybody wish to speak? Seeing none, let's close public hearing. Commissioners?

I move to accept staff findings.

I have a motion. Do I have a second? Second. Motion and a second. Any discussion on the motion? Okay, go ahead and take the roll, please. Betlock?

Aye.

Pass? Aye. Cecil? Aye. Shuey?

Aye.

Sundberg? Aye. Aye. Aye. Aye.

Aye.

Aye.

Aye. Aye. Motion carries. Thank you, ma'am. Thank you, Donald. Item number 3, Alpha 3 Bravo, Urban Plains Retail Second Edition. Chelsea to present.

Good afternoon, commissioners. Chelsea Leverson with the Planning Department. Agenda item 3A and 3B is urban plains retail second edition. It is a minor subdivision and a zone change. The property is located at the northwest intersection of 32nd Avenue South and 45th Street South. For your reference, although not part of this plat, the former Mexican village is located just to the north right here. SOME SITE PHOTOS. THE TOP PHOTO IS FACING WEST FROM THE CORNER OF 32nd AVENUE AND 45th STREET. AND THE BOTTOM PHOTO WAS TAKEN FROM THE CORNER OF 32nd AVENUE AND BRANT DRIVE SOUTH. THIS TOP PHOTO WAS TAKEN FROM BRANT DRIVE SOUTH SHOWING THE EXISTING APARTMENT BUILDINGS ON THE NORTH SIDE OF THE AND THE BOTTOM PHOTO WAS TAKEN FROM THE PRIVATE DRIVE JUST SOUTH OF THE APARTMENT BUILDINGS. THE VEHICLES IN THE BACK ARE TRAVELING ALONG 32ND AVENUE SOUTH. THE PROPERTY IS ZONED LC LIMITED COMMERCIAL WITH A CONDITIONAL OVERLAY OR CO AS WE REFER TO THEM. THE APPLICANT IS REQUESTING A ZONE CHANGE FROM LIMITED COMMERCIAL WITH CO TO LIMITED COMMERCIAL WITH CO. LIMITED COMMERCIAL IS NOT CHANGING, BUT SINCE WE ARE CHANGING THE CONDITIONAL OVERLAY, A ZONE CHANGE IS REQUIRED. CURRENTLY THREE DIFFERENT CONDITIONAL OVERLAYS EXIST ON THE PROPOSED PLAT. THE IMAGE ON THE BOTTOM RIGHT OF YOUR SCREEN SHOWS HOW THE COS VARY FROM PARCEL TO PARCEL. THIS REZONE WILL ESTABLISH ONE COHESIVE CONDITIONAL OVERLAY. And the draft conditional overlay is in your packet. It is similar to the existing COs on the property with added requirements for residential accessory structures. The applicant is also seeking a minor subdivision, a replat of lots 4, 6, 7, 8, 10, 11, and 12, block 1, Urban Plains Retail Edition, to be entitled Urban Plains Retail Second Edition. The subdivision will replat seven lots into three. The plat will vacate in an existing 24-foot access easement on the proposed lot 3, which is located right here, and provide a 30-foot break in the negative access easement along Brant Drive South right here, providing access to lot 1. Here is that plat again with lot lines a little more defined. Lot 1 right here and lot 3 are vacant. Lot 2 currently has apartment buildings and a retention pond, which is located right here. We have not received any inquiries regarding this property, the subdivision, or zone change. Staff's recommendation is for approval. Nate Volmuth, the applicant's representative, is available if you have questions for him. And that concludes staff's presentation. Thank you, commissioners.

Thank you, Chelsea. Any questions for Chelsea, commissioners? No. Do you have anything to add? Any questions for the applicant? Seeing none, let's go ahead and open up public hearing. Anybody wish to speak on this item, three alpha, three bravo? Anybody wish to speak? Seeing none, let's close public hearing. Commissioners?

Move to approve based on staff recommendation.

We have a motion. Do we have a second? Second. Second. Motion, you got that? Second? Any discussion on the motion? Okay, let's go ahead and take the roll, please. Bly? Aye.

Schmidt?

Aye.

Cass? Aye. Stauffrin? Aye. Sundberg? Aye. Aye. Fretlock? Aye. Cecil? Aye. Shuey? Aye. Tasa?

Aye. Motion carries. Thank you, Chelsea. Moving on to item number four, Eagle Valley sixth edition. Luke to present.

Thank you, commissioners. Luke Mormon with the planning department. Eagle Valley 6th Edition, item 4 on your agenda, and that's located at 7475 24th Street South. If you follow my cursor on the screen, here's 25th Street South, and then on the zoomed-in part is 74th Avenue, 24th Street, and then 76th Avenue South surrounding the property. Applicant is requesting a minor subdivision entitled Eagle Valley 6th Edition, which is a replat of Lot 1, Block 1, Eagle Valley 5th Edition. Looking at the site photos on the top, you can see the subject property is the vacant field here. And we are facing southeast from 25th Street South, looking down 74th Avenue. And then on the bottom, we are facing east from 25th Street South. Another angle here on the top, we are facing northeast from the intersection of 25th Street and 76th Avenue. And then on the bottom, we are looking down 24th Street South, looking north. The zoning is SR5 single dwelling residential and no zone changes proposed. This is a replat of an existing lot into a 13-lot minor subdivision. Some of the new easement, if you follow my cursor on the screen again, is a storm sewer easement here, water line easement to connect the utilities from 24th Street to the Lot 13. And then, as seen in other minor recent subdivisions, there are negative access easements along 24th Street South to help with driveway spacing and increase boulevard area. And then lastly, on the north, there's a break in the existing negative access easement to allow for a driveway that will give access to Lot 13. ENGINEERING STAFF HAS BEEN WORKING WITH THE APPLICANT TO ADDRESS THE STORM SEWER UTILITIES SO THAT MIGHT CHANGE THE PLANT AND EASEMENT SLIGHTLY FROM WHAT'S SHOWN ON THE SCREEN AND ESSENTIALLY THIS STORM SEWER EASEMENT WILL CONNECT STRAIGHT NORTH. IT WILL BE INCREASED TO A 20-FOOT WIDE EASEMENT AND THEN THESE PROPERTY LINES HERE WILL ESSENTIALLY MOVE FIVE FEET TO THE EAST. SO SOME MINOR CHANGES THERE THAT WILL BE REVIEWED DURING THE ENGINEERING TECHNICAL REVIEW AFTER THE PLANNING COMMISSION. Now overall boundaries of this site are not changed and other existing easements will carry through. Staff is also coordinating with the applicant to update the amenities plan to adjust the stormwater management and floodplain requirements. And then the applicant currently proposes lot 13 as attached housing or townhomes, and then lots 1 through 12 as single-family detached houses. To add some context to where we are today, staff has had several discussions with the applicant about the proposed site layout in reference to the long history for the site and its context, including being adjacent to two arterial roadways, which is 25th Street and 76th Avenue. And originally it was platted in 2014 in zone commercial, but remained vacant, obviously. The developer proposed a growth plan amendment in 2020 to change the commercial designation to residential, which was denied. Platted in zone change in 2021, created the current lot layout you see today back go back to the zoning here except this was commercial for starting in 2021 and then it laid out these slots as well and then in December 24 after the newly adopted growth plan allowed this property to be rezoned to SR5 as it sits today with the intent of townhomes and duplexes Staff still sees the conflict between the public streets and the residential, but we don't necessarily have tools to bring to the discussion. So given the fact the attached housing development remains as one permitted lot and access through a private drive, this only leaves the site plan and building permit process as the tools of oversight and code compliance. So overall, the staff has received and responded to one inquiry about the project with no noted concern. and we find all criteria to be met and are recommending approval. Project Representative John Yunus is present and able to answer any questions. And that concludes staff's presentation. Thanks.

Thanks, Luke. Commissioners, any questions for Luke? No questions? Kate? Do we have any questions for the applicant? Let's go back. lot 13 tell me what you said again about um 13 will be town homes okay with a private drive correct okay any questions for the applicant do you have anything to add okay seeing none i'll go ahead and open up public hearing anybody wish to speak on this item Item four, anybody wish to speak? Seeing none, let's close public hearing. Commissioners, what are your wishes?

Move to approve per staff's recommendation.

I have a motion and a second. Any discussion on said motion? Seeing none, go ahead and take the roll, please. Schmidt?

Aye.

Betlock?

Aye.

Georgie? Aye. Cecil? Aye. Stafford? Aye. Sundberg?

Aye.

Why I should we I asked I also I motion carries.

Thank you, Luke. Moving on to item 5, Keeney and Devitt's second edition Donald to present.

Thank you, ma'am. Since it's summer, we have to have a vacation. So there's a vacation right away in this case. You knew that joke was coming. This is right up the road here. Our location is right up the road. We're right off the map here on City Hall. So this is at 6th Avenue North and 2nd Street, this little piece of alley here. This may look familiar to commissioners who've been here for a little while in 20. I'll go back This is december 2023 planning commission and we vacated This part of the alley here this alley used to go all the way down here This part of the alley was vacated as part of city side addition so so this was the photograph from that uh... this uh... this area was not vacated so just for reference utility pedestal there is this one this building is that one this building is gone So we're just finishing off vacating this last stretch of alley here. There's a new owner who wishes to go forward with this vacation. The zoning here is DMU. That doesn't change. By Operation Estate Statute, when this alley is vacated, the adjoining property owners each get half, and that is zoned to the property. It matches the zoning of the existing properties. There is a remaining piece down here, this gray area, which is not part of this vacation. That's the adjoining property owners are the BNSF Railroad. They're not interested in vacating that as we understand it. This shows the area to be vacated and access easement will be retained as part of the vacation process. APPLICANT IS REQUIRED TO CONTACT UTILITY COMPANIES AND VERIFY THAT THERE ARE NO EXISTING UTILITIES IN THAT AREA. THEY'LL BE FINISHING THAT UP BEFORE THIS GOES TO THE CITY COMMISSION. VACATIONS OF RIGHT-OF-WAY ARE DONE PURSUANT TO NORTH DAKOTA CENTURY CODE. THAT PROCESS IS NOT IN OUR LAND DEVELOPMENT CODE. AS YOU LOOK AT YOUR FINDINGS, YOU SEE THEY REFER TO NORTH DAKOTA CENTURY CODE CHAPTER 40-39. So staff's recommendation is for approval here, as stated in the staff report and shown on the screen. Mr. Kevin Bartram, one of the adjoining property owners and an applicant for this vacation, is with us this afternoon and may wish to address the commission. That concludes staff's presentation. Thank you, commissioners.

Thanks, Donald. Commissioners, any questions for Donald? Applicant, have anything to add? Do we have any questions for the applicant on this vacation? Seeing none, let's go ahead and open public hearing. Anybody wish to speak on item five? Anybody wish to speak? Seeing none, let's close public hearing. Commissioners?

Move to approve based on staff recommendation.

We have a motion. Do I have a second? Second. Motion and a second. Any discussion on the motion? Seeing none, go ahead and take the roll, please. Georgie? Aye.

Pass? Aye. Sundberg?

Aye.

Shuey?

Aye.

Bly? Aye. Biesel?

Aye.

Schmidt? Aye. Metlock? Aye. Stoffrin? Aye.

Did you say me? Aye. Motion carries. Moving on to other items. It is probably, is this why we're all here today? We all want to be the new chair. So now we will, the next item is the appointment and the election of chair and vice chair. This position is a two year commitment and once our two years is up, we elect new chair and vice chair. And so I, part of the nomination committee, I'm gonna announce Commissioner, and if you don't show up to meetings, we just elect you to a chair position. commissioner rosenberg um nominating to chair and commissioner schmidt to vice chair at this time i will ask if there are any further recommendations by commissioners okay hearing none we will close nominations and now it is time to um take a motion on electing Commissioner Rosenberg as chair and Commissioner Schmidt as vice chair.

I'll move approval of the slate.

We have a motion. Do I have a second?

Second.

Motion and a second. Any discussion? If not, we'll go ahead. Tommy, do you have a speech prepared?

I don't have a speech prepared.

Next. Darn it. If not, go ahead and take the roll.

Okay.

Oh, we vote on them separately, right?

They made the motion together so we can go together.

Okay, perfect. We're efficient here.

Yep, but I won't call the name of one of the elected, or the nominated, though. Perfect. That makes sense. Yep. Okay. Betlock?

Aye.

Bly? Aye. Jordry? Aye. Shuey?

Aye.

Stoffrin?

Aye.

Ness? Aye. Sundberg?

Aye.

Cecil? Aye. Tausitz?

Aye. Motion carries. Congratulations. And also, if you have any questions on Robert's rules, Miranda knows a lot. So she gives you nice scripts on what to do. Between her and why am I like gapping your name right now? They'll keep you in line. So welcome to the vice chair position and welcome Art. And next, I believe, Nicole.

Excuse me. What? Thank you very much for the last two years as well. And record-setting meeting times, many months as well.

Great point. Yes, thank you, Miranda. You've been great.

I will be on until at least the end of LDC, and then we'll just see what life has in store if it's too busy. Thank you all for attending meetings. It's very easy to have meetings when we have quorum. So thank you very much for all your commitment on LDC and the meetings. And staff updates.

So I'm excited to share that we anticipate unveiling the next review draft August 14th. So visit the project website, fargoldc.org, for access to the draft. And we anticipate a recording kind of outlining some of those key changes that will be implemented into this next draft. We anticipate the consultant team visiting the week of August 24th. You've probably received in your inbox an invitation for a brown bag on Tuesday, August 25th But we'll also have other workshops focus group meetings That will be coming once we finalize all of that any questions

Well, we have the draft before the August 14th, the most updated draft before that.

So the April draft is still on that project website that you can review at your leisure. It would be the same information you saw previously, but they're working on implementing all of the tweaks that we've been talking about since then. And so they anticipate having, it'll take the next week or so to get all of those updates. integrated into the next draft.

So we should be able to see the next draft on the 14th, is that correct? Right. Online? Okay.

Yep, so you'll have just over a week to look it over before we start to have the outreach with the consultant team.

And you've already sent out invites for August 25th? I believe so, yes. Okay, perfect. Any other questions on LDC? Do we estimate end of the year, right? We got extended till the end of the year for the LDC? Correct. All right. Seeing no other questions, thank you very much. And I'll move to adjourn.