Planning Commission - Regular Meeting

Do we have them yet? We do. Okay. Sorry. All right. It is now 3:17. Sorry for the delay, everyone. Today's October 7th. Um, this is the meeting of planning commission. There's no announcements today. So, the first item is approving the order of agenda. I have a motion. So moved. Second motion and a second. All in favor signify by saying I. I.

All oppose. Same sign. Motion approved. Next is the minutes of the regular meeting of September 4th, 2025. Everyone have a chance to look at the minutes. Any changes, discussion? If not, I'll entertain a motion. So moved. Motion in a second. Second. All those in favor signify by saying I. I. I. All oppose. same side. Motion approved. Moving to public hearing items. First item up is hearing on an application requesting a plat of University South 6th edition. Donald Crest.

First, our first item here today is as the chair stated University South 6th edition. Uh this property is located on Oak Manor uh Avenue South and South University Drive for the oldtime Fargo. This is the old Kmart and this was formerly the subject property was formerly a Burger King uh located there. Uh here's some views of the site from uh last week here. It's vacant. There is the one sign remaining. Uh just a couple different views there. Uh University Drive here. And then there are two access points. we talked about briefly in the staff report. This is the uh weigh in off University Drive and then this is the weigh-in off Oak Manor Avenue. This is on the west side of the subject property. Zoning here is uh GC General Commercial with a conditional overlay that will remain. It'll carry through the plat subdivision here is very straightforward. Uh it's a replat of University South third edition. And there's a summary chart in your staff report that talks about the various replats of how we got to the sixth edition here. Uh just for your information, uh basically we're moving this lot line from here to where it was in the third edition to up here where we'll be in the sixth edition. Fairly straightforward. Uh this is for commercial development. The uh applicants representative Brian Patentingale of Houston Engineering is with us this afternoon and may wish to address the commission. That's a closeup of the uh of the lot there. And just point out these negative access easements here. These prohibit access directly onto the site. Um this is the the shared access easement. And that's the uh the turn in off University Drive there. Just to zero in on that a little bit. And the recommended motion is stated in your staff report shown on the screen. That concludes staff's presentation. Thank you, commissioners.

Thanks, Donald. Commissioners, any questions for Donald? Do you have anything? Do we have questions for Mr. Patillale? No. Okay, let's go ahead and open up for public comment. Anybody wish to speak on this item? Seeing none, let's close public comment. Commissioners move to approve. Motion and a second. Any discussion on said motion? Seeing none, go ahead and call the role. Between. Rosenberg. I. Cecil I. Schmidt.

I. Mos. I. Tossa. I. Motion carries. Moving on to item number two. Hearing on application requesting a plat of Archer Place first edition. Continues with Donald.

Yes ma'am. Thank you. Uh Archer Place first edition is located here in the Selkerk Place first edition. Here's the 64th Avenue South I29. Uh right here is the new station number eight, Fargo Fire Station. Um this property is zoned SR4. It was uh again platted with the original Selkerk Place first edition. Here are a couple views of the site. The subject property is the blank space in here on the aerial photograph. It's uh this this property is now developed. There's a residence there, which is this black one here. So, this is a subject property from across the street here. Just looking down Archer Place. It's again, it's the blank spot here. Here's an action shot of a monarch that was out there. It's October 2nd, and the butterflies are still flying, which tells you what that's the warmest October recently. And then this is facing the back from 33rd Street. There is a burm here that separates the residences from 33rd Street. And again, the subject property is the blank space there. zoning here is uh SR4 uh single dwelling residential. Interestingly, as is pointed out in your staff report, when uh these and the two adjacent lots and then the one on the corner here were platted originally, they were set up so they could be divided. They're large lots and they could be divided. They served with two sewer and two water services. So, this is just carrying through an idea that was in the original plat. Uh the plat here, very straightforward, just to uh divide the lot in half. Each side will have a residence on it. Uh we did get uh two calls from the neighbors. Uh they were just interested in what was going on and uh they didn't have any opposition. They just were uh wanted to be aware that there was going to be single family development there. Uh Jacob Stranden, the applicant's representative, is with us this afternoon and we wish to address the commission. Uh the recommended motion is stated in your staff report and shown on the screen. That concludes presentation. Thank you commissioners.

Thank you Donald. Commissioners, any questions for Donald? Applicant, do you have anything to add? Do we have questions for the applicant? Seeing none, let's go ahead and open up public hearing. Anybody wish to speak on this item? Seeing none, let's close the public hearing. Commissioners, move to approve. Second. Motion and a second. Any discussion? Go ahead and take the role. Rosenberg. Betlock. Hi. Cecil I. Mo. I. Schmidt. I. Tossa. I. Motion carries.

Thank you, commissioners.

Thank you, Donald. Agenda item number three, hearing on an application requesting a plat of Veterans Industrial Park, second edition. Chelsea. Good afternoon, commissioners. Chelsea Leverson with the Department of Planning and Development. Agenda agenda item three is Veterans Industrial Park second edition. It is a minor subdivision subdivision. Um it is located at 5500 and 5600 23rd Avenue North. Uh we have 57th Street North here, 23rd Avenue North here. Uh and for your reference, it is the property is just north of the horse park which is located right here. Here are a couple photos of the site. The first photo is facing south from 23rd Avenue North. The bottom photo is facing southeast from the corner of 23rd Avenue and 57th Street. So we have 23rd here, 57th here. Uh the property is currently vacant. The property is zoned limited industrial and no zone change is being proposed. Surrounding land uses include limited industrial and egg. The applicant is requesting a minor subdivision. It's a replat of lots five and six, block one, Veterans Industrial Park edition to be entitled Veterans Industrial Park Second Edition. Uh the subdivision will consist of two lots, one block, and this replat will vacate a 30-foot access easement that separates the two lots right here. Uh we have not received any inquiries on the project and staff's recommendation is for approval as stated uh in your staff report and on the screen. Uh John Eunis of Eagle Ridge Development is here today if you have any questions for him. Thank you. That concludes my presentation.

Thank you Chelsea. Commissioners, any questions for Chelsea? Any questions for Mr. Eunice? Do you have anything to add? Let's go ahead and open up public comment. Anybody wish to speak on this item? Let's go ahead and close public comment. Commissioners, motion to approve staff finding motion. Do I have a second? Second. Motion in a second. Any discussion on the motion. Okay, go ahead. Take the role. Schmidt I. Betlock. I. Cecil. Mo. Yeah. Rosenberg. I Tasa

I. Motion carries. Agenda item number four, hearing on application requesting a plat of the Borg edition. Chelsea.

Hello again. Agenda item four is the Borg edition. It's a major subdivision. It is located at 252 7th Avenue North. It's right on the corner of 25th Street North and 7th Avenue North. I have a map on the bottom showing um location for reference, but the top photo is facing southwest from the corner of 25th Street and 7th Avenue North. The bottom photo is facing the same direction, positioned a little bit further south along 25th Street. And these two photos show the northern and eastern edges of the property and the adjacent rightway. The top photo is taken along 25th Street and the bottom is taken along 7th Avenue. The property is zoned limited industrial. Surrounding zoning districts include limited commercial to the north, general commercial to the east, and limited industrial to the south and the west. No zone change is being proposed. The property was previously unplatted and the applicant is requesting one entitlement, a major subdivision entitled Borg Edition. It will consist of one lot, one block. As part of the subdivision, an existing street utility easement is being vacated and dedicated as rideway. It's right up in this corner. Negative access easements have been added along 7th Avenue up here and 25th Street along here. They will designate and restrict vehicle access. And a 10-ft utility and sidewalk easement has been added along both 7th Avenue and 25th Street to provide adequate adequate space for future boulevard, street tree, and sidewalk improvements. That is shown along here. Staff have not received any inquiries about this property and staff's recommendation is for approval as stated on your screen and in your staff report. Uh Tony Yukall of MBN

Engineering is here today if you have questions for him. Thank you. That concludes staff's presentation. Thank you, Chelsea. Commissioners, any questions for Chelsea? Applicant have anything to add? Any questions for the applicant? Let's go ahead and open up public hearing. Anybody wish to speak on this item? Seeing none, close the public hearing. Commissioners, we have a motion. Move to approve. Have a motion. Do I have a second? Second. Motion and a second. Any discussion? Go ahead and take the role. Schmidt. I. Mo. I. Rosenberg. Hi. Between

I. Cecil. I. Tossa. I. Motion carries. Thank you, Chelsea. Moving on to hearing on an application requesting a zone change which is five alpha alpha and then the plat 5 bravo of RLN business park third edition. Elena,

good afternoon. Um I'm Elena Espth and today I'll be presenting agenda item 5 and B. This is RLN business park third edition. This is a major subdivision vacation of rightway and a zone change. The subject property is located at 45th, sorry, 4583rd Street North and 3108 46th Avenue North. For reference, um to the east, this is Amazon, Interstate 29. Uh the top image was taken facing northeast looking at the subject property from 33rd Street North. This structure in the background um is on the adjacent property. Um and this is the private drive that wraps through the development. The image on the bottom left was taken facing southeast looking at the subject property from the intersection of 33rd Street North and 46th Avenue North. And the image on the bottom right was taken facing east looking um directly down 46th Avenue at the portion of the roadway proposed to be vacated. Um all of these images were taken looking more at the east side of the pro or sorry the west side of the property. The east side is harder to get to um being there's the drain 10 there. Drain 10. Um where's my mouse? here drain 10 and the roadway stops further to the south. So we weren't able to get um any good images of that portion. Uh the subject property is zone limited industrial and agricultural with the proposed zone change to limit industrial and public and institutional. So, limited industrial zoning district is proposed for lots one and two block one Arland business park third edition which is consistent with the reszone

that your commission approved this past July for lots 4 through six block 1 RL business park second edition and the proposed um reszone of public and institutional on this sliver along drain 10. um is a requirement um to be dedicated to um sorry the property of Butts Cass County drain number 10 on the southeast side and per the LDC an area of 175 ft from the drain center line is required to be dedicated for the purpose of the drain. Lot 3 block one of this plat is proposing a reszone from agricultural to public and institutional. Um, and this is the most fitting zoning district we have for this type of use. The proposal is for a major subdivision which is part of the northwest quarter of the southeast quarter of section 14 township 140 north range 49 west and a replat of lots 4 through 6 block one RLN business park second edition into a three lot one block subdivision with lot three being adjacent to the drain. This will be dedicated to the Southeast Cass Water Resource District. A motion was made and approved by the Southeast Cass Water Resource District Board at the September 9th, 2025 meeting to include Southeast Cass Water Resource District as a signatory on the plat. The Platt is also proposing to vacate utility easements that run north and south here. The applicant has provided documentation that no utility companies are within these easements. And the plat also includes a vacation of portion of 46th Avenue North and a straight utility

easement will be retained for if this roadway is necessary in the future. Um, and the development has an existing declaration of covenants in which the applicant has drafted an amendment that will allow ingress, egress, and access to utilities within the private drive to the property of properties of Arland Business Park, third edition. This is the location of that private drive. To date, staff has received zero inquiries regarding the subject property. Andrew Th from Lowry Engineering is here to answer any questions you may have and staff's recommendation is for approval as stated in the staff staff report and shown on the screen. Thank you.

Thank you, Alana. Uh any questions for Alana? Applicant. Do we have any questions for the applicant? Let's make this easy. Let's go ahead and open up public comment. Anybody wish to speak on this item? Seeing none, let's close public comment. Commissioners

move to approve. We have a motion. Do we have a second? Second. We have a motion and a second. Any discussion on the motion? Go ahead and take the role. Mo, I Cecil I. Schmidt. I betlock. Rosenberg. I I motion carried. Thank you, Art, for calling in. Sorry.

Um, just make sure to check your emails. I think the last two months we've had quorum possibly not making it. So, just make sure you're responding to your emails and if anything changes to let staff know. Um, and then I think we have a CZV November, right?

Uh, yes, Commissioner. Um, I think, uh, we, uh, CZB will be in town, um, at this point in time. We're planning on, um, that first week in November. Um, I think some members will be arriving the day of planning commission. And uh one of the things we thought about doing regardless is having maybe a first hour prior to the planning commission. So we'll send we'll follow up this meeting with an email confirming that to the full board um and some possibilities to see if you could hold on your calendar if you're available. And um we're starting to see some new draft elements or some potential draft element. I know we've been kind of waiting for this stuff for a while now of like actual content and so um I think those are slow slowly coming together. Um the other things we might use that first hour for is um some more process oriented things that might be helpful to um from a planning commissioner point of view to uh to learn a little bit more detail about some of the inner in inner city hall workings as we process applications and some questions you may have um as it relates to evolution of the land development code because the land development code will also you know we've been spending a lot of I'm talking about the form and function of the sites or the land development activities, but will also include subdivision regulations and other components related to the administrative processing of of land of land permits. And so, um, so yeah, so we're playing around internally with a couple different topics that we'll, um, send to you guys via email with some more updates.

Thanks, Nicole. Do you guys have any questions on CZB. So just block your two to three. So you'll be with us from 2 to whenever. All right. I'll move to adjourn. Adjourned. I shouldn't say. I move to adjourn.