CITY OF JAMESTOWN

 

102 3rd Ave SE

 

Jamestown, ND 58401

 

Phone: 701-252-5900

 

 

 

DRAFT MINUTES – Planning Commission

 

September 9, 2013 – 8:00 a.m.

 

 

 

Present: Tressler, Trautman, Trefz, Hillerud, Bayer, Ritter, Bergquist

 

Others present: Kourajian, Fuchs, Reuther, Klundt, Harty, Wiles, Mayor Andersen

 

Absent: Bensch

 

    1. Chairman Hillerud called the meeting to order. Commission member Trautman made a motion to approve the minutes from the August 12, 2013 regular Planning Commission meeting. Seconded by Commission member Trefz. Unanimous aye voice vote. Motion Carried.
    2. Public Hearing:

Land Use Plan Amendment Request – Proposed Lindberg Addition

Block 2 of the proposed Lindberg Addition, a replat of Lots 11-12 and 32 and portions of Lots 7-10 and 33 of Block 9, Kelley and Fuller’s Second Addition. The property previously described is designated as Low Density Residential in the adopted Future Land Use Plan, and a request has been made by the property owner(s) for an amendment to Commercial land use.

Stephanie Falkers, of SRF Consulting Group gave the staff report explaining the reason for the land use plan amendment request. She noted that zoning decisions are made upon the adopted Future Land Use Plan, and therefore a change to commercial land use is required for this property prior to a hearing on a zone change for the same area.

Chairman Hillerud opened the Public Hearing.

Alan Lindberg, developer of the proposed Lindberg Addition spoke of his availability to answer any questions. Stephanie and Mr. Lindberg answered questions from the Commission members.

Chairman Hillerud closed the Public Hearing.

Motion made by Commission member Trefz to accept findings of staff and recommend approval of the Land Use Plan Amendment from low density residential to commercial for Block 2 of the proposed Lindberg Addition, a replat of Lots 11,12 & 32 and portions of Lots 7-10 and 33, Block 9, Kelly & Fuller’s Second Addition. Seconded by Commission member Ritter. Roll Call. Unanimous aye vote. Motion Carried.

　

    1. Public Hearing:

Zone Change Request – Proposed Lindberg Addition

Block 2 of the proposed Lindberg Addition, a replat of Lots 11, 12, and 32 and portions of Lots 7-10 and 33, Block 9, Kelley and Fuller’s Second Addition from R-3, General Multiple Dwelling to C-1, Local Commercial District.

Stephanie Falkers, of SRF Consulting Group gave the staff report and explained the reason for the zone change request. She described the developer’s intent to utilize the existing building on the subject property as an office building, which was its use prior to the current vacancy. The area was rezoned from M-1 to R-3 in July of 2013.

The Public Hearing was opened by Chairman Hillerud.

Alan Lindberg, developer of this area, again was available to answer any questions. There was some discussion among members and the Building Inspector relating to parking issues, etc. and Building Code enforcement. Commission members Trautman, Ritter and Trefz expressed concerns relating to changing the zoning on the south part of Block 2.

Chairman Hillerud closed the public hearing.

A motion was made by Commission member Trautman to accept the findings of staff and recommend approval of the zone change from R-3 to C-1 Block 2 of the proposed Lindberg Addition, a replat of Lots 11, 12 & 32 and portions of Lots 7-10 and 33, Block 9, Kelly & Fuller’s Second Addition. Seconded by Ritter. Roll Call. Unanimous aye vote. Motion Carried.

　

    1. Public Hearing:

Zone Change Request – Proposed Lindberg Addition

Lots 1-14 and Outlot A, Block 1, of the proposed Lindberg Addition, a replat of Lots 1-6 and 34-44 and portions of Lots 7-10 and 33, Block 9, Kelley and Fuller’s Second Addition from R-3, General Multiple Dwelling District to R-4, Planned Residence District.

Stephanie Falkers, of SRF Consulting Group, gave the staff report and explained the reason for the zone change request and relayed details of the proposed construction. She provided an overview of all submittal items for the R-4 District including building elevations, site plans, drainage plans, and landscaping. It was noted that the project is to be completed by fall 2014.

Chairman Hillerud opened the Public Hearing. No one appeared. The public hearing was closed.

Stephanie answered questions from the Planning Commission members. Alan Lindberg answered questions from the members as well.

A motion was made by Commission member Trautman to accept the findings of staff and recommend approval of the zone change from R-3 to R-4 for Block 1 of the proposed Lindberg Addition, a replat of Lots 1-6 and 34-44 and portions of Lots 7-10 and 33, Block 9, Kelly & Fuller’s Addition. Seconded by Commission member Trefz. Roll Call. Unanimous aye vote. Motion Carried.

　

    1. Public Hearing:

The preliminary plat of Lindberg Addition, A re-plat of Lots 1-12 and Lots 32-44, Block 9, Kelley & Fuller’s Second, City of Jamestown, North Dakota (continued from August 12, 2013).

Stephanie Falkers, of SRF Consulting Group, gave the staff report and explained the preliminary plat request. She noted that the lot sizes of the proposed lots within Block 1 conform to the areas previously approved with the R-4 zoning. Stephanie also described the purpose, intent, and ownership of Lot 15 – Common Areas. A document will be prepared by the applicant to be recorded with the final plat.

Stephanie answered questions from the members.

Chairman Hillerud opened the public hearing. Alan Lindberg, developer answered any questions as needed from the public and Planning Commission members.

The Public Hearing was closed by Chairman Hillerud.

A motion was made by Commission member Ritter to accept the findings of staff and recommend approval of the preliminary plat of Lindberg Addition, a replat of Lots 1-12 and 32-44, Block 9, Kelly & Fuller’s Second Addition. Seconded by Commission member Bayer. Roll Call. Unanimous aye vote. Motion Carried.

    1. Public Hearing:

Zone Change Request – Duane Enzminger

The West Half of the East Half of the Southeast Quarter of the Northeast Quarter, the West Half of the Southeast Quarter of the Northeast Quarter, the West Half of the East Half of the Northeast Quarter of the Southeast Quarter, the West Half of the Northeast Quarter of the Southeast Quarter, the West 60 feet of the East Half of the East Half of the Southeast Quarter of the Northeast Quarter and the West 60 feet of the East Half of the East Half of the Northeast Quarter of the Southeast Quarter of Section 13, Township 140, Range 64, Stutsman County, North Dakota from A-1 (Agricultural District) and P-O-C (Public, Open Development and Conservation District) to R-1 (One Family Residential District).

The above described tract of land is located in the vicinity of 3200 Hwy 20 SE, Stutsman County, ND.

Stephanie Falkers, of SRF Consulting Group, gave the staff report. She noted that this area was noted in the Future Land Use Plan, as a prime area for residential development. The zone change request meets the intent and desigations with the future land use plan. Stephanie described the current intent of the land owner, which is to construct single family homes on 1 to 2 acre lots. Each lot would be serviced by rural water and would be constructed with individual on-site septic systems.

Commission member Trautman asked about access to the property, and questioned the maintenance of future roads. Stephanie responded that those concerns are still being worked out and will be discussed with the request for a subdivision. Commission member Bayer asked to abstain from discussion and voting on this request due to conflict of interest. Discussion continued among members.

Chairman Hillerud opened the public hearing.

Duane Enzminger, property owner, related that he is willing to answer any questions. Commission member Trautman asked if the township representatives would be involved with building of the roads. Duane stated they have been contacted and will be involved when the platting process begins.

Geraldine Krebsbach, of 3225 Hwy 20 SE, and owner of Sunset Memorial Gardens stated that she has no objections to the development but has concerns relating to the north access roads. She stated that no one has maintained these roads other than the property owners.

Steven Bossert, 3253 Hwy 20 SE, spoke of concern of residents’ relating to safety, access, and ownership issues. He is concerned about the recent survey and easement boundaries. He related that there are concerned residents in the area and they are open to further discussion regarding the zone change and platting of this area.

Duane Enzminger, owner and developer of this area, spoke relating to abstracts documenting the area and had Interstate Engineering, Inc. establish boundaries. There are easements are for utilities and was noted that the road is on his property. He also stated there are issues relating to the sewer systems, drainage, etc. and that he is willing to sell enough property to fulfill the one acre requirement. Commission member Ritter asked if any of the lots meet the one acre requirement needed for septic service. Mr. Bossert relayed that he and others were never notified about the one acre requirement when the law was changed. He noted that his neighbors would most likely entertain a conversation to discuss the purchasing of property form Mr. Enzminger to meet the requirement.

Geraldine Krebsbach provided more history relating to the trailer homes and that the health department was aware of the sewer septic systems.

Jim Boyd, past member of JSDC, appeared to speak relating to City growth. There are many areas developers and home owner’s needs to consider. He encouraged the City to become more aggressive in order to capitalize on this opportunity for growth.

Public hearing was closed by Chairman Hillerud.

The Planning Commission members continued discussion.

Commission member Trautman made a motion to accept the findings of staff and recommend approval of the zone change from A-1 (Agricultural District) and P-O-C (Public, Open Development and Conservation District) to R-1 (One Family Residential District) on the West Half of the East Half of the Southeast Quarter of the Northeast Quarter, the West Half of the Southeast Quarter of the Northeast Quarter, the West Half of the East Half of the Northeast Quarter of the Southeast Quarter, the West Half of the Northeast Quarter of the Southeast Quarter, the West 60 feet of the East Half of the East Half of the Southeast Quarter of the Northeast Quarter and the West 60 feet of the East Half of the East Half of the Northeast Quarter of the Southeast Quarter of Section 13, Township 140, Range 64, Stutsman County, North Dakota Trefz seconded. Roll Call. Six (6) aye, 1 Abstain (Bayer). Motion Carried.

　

    1. Petition for the vacation of right-of-way adjacent to Lot 4, Block 2, and Lot 1, Block 3, Joos’ First Addition.

Stephanie Falkers, of SRF Consulting Group, gave the staff report and noted that a petition has been filed with the City for this vacation, but since there was no public notification at the Planning Commission level, there can be no public hearing or any action taken on this item at this time. She gave a description of the vacation request, and discussed general access management practices for ND Highways. It was noted that the township officials will be contacted regarding this request.

　

Discussion was held among members. Stephanie said this item could be on next months’ agenda.

Jeff Fuchs, City Administrator, spoke relating that information has come forward from the township officials relative to the vacation. They understand the City has jurisdiction in this area. The City has previously had R-O-W between blocks 3 & 4 and this has already been vacated. There is R-O-W between blocks 2&3, and a request was received for R-O-W between blocks 1&2. This would leave limited access. The City attorney will be consulted as to the Planning Commission’s role in vacation requests. Although the vacation requested has already been published for public hearing at the October City council meeting, City Administrator Fuchs recommends no action be taken on any vacation request in this area until further information is established.

Duane Enzminger spoke of his concerns with the R-O-W issues and the septic systems in this area.

    1. Informational: Proposed text amendment relating to lot splits.

Stephanie Falkers, of SRF Consulting Group, explained the reason for a text amendment. The draft text includes three process that would simplify the platting process for lot splits, combines, and modifications. Currently all lot modifications are required to go through the platting process, but this modification would allow simple cases to be handled administratively. All applications would still have to meet the requirements of the City Engineering department.

  1. Commission member Ritter asked about the vacant position on the Planning Commission since Tish Johnson’s term has expired. Stephanie related it is the Mayor’s responsibility to appoint a member. Chairman Hillerud added that on behalf of the Commission we would like to thank Commission member Johnson for her years of service and asked that a letter of thanks be sent to her.
  2. Motion made by Commission member Trautman to adjourn. Seconded by Commission member Bergquist. Meeting adjourned.