10.12.2021 Planning and Zoning Minutes

     Chair Mike Schell presided and called the meeting to order 4:00pm on Tuesday, October 12th, 2021. Committee Members present: Mike Bishop, Jim Wright, Dave Carlsrud, Bill Carlblom, Joe Faure and Bobby Koepplin.

     Others: City Attorney Carl Martineck and his intern Angeline Gannon, City Planner Joel Quanbeck, Acting Secretary/City Assessor Sandy Hansen and Assessor-in-Training Tina Current, with City Engineer Mike Strom (KLJ) attending by Zoom.

     Audience members: Bruce Hoyt, Tony Zarbano, Dan Larson and Kevin Rohde.

     Bill Carlblom moved to approve the Minutes of the September 14, 2021 regular meeting, seconded by Joe Faure, followed by roll call and approval.

Building Inspector Report

     Building Inspector Mike Blevins had sent the board an email outlining current building projects; in September there were seven permits added to the list – 5 residential, 1 commercial, and 1 exempt – with a total estimated construction amount of $670,553, the bulk of that coming from the permit of the new Valley City Fire Department addition.

Public Hearing for replat request of Lot 4, Block 2, and a part of Block 4 of Beyer Industrial Acres. Recommendation to City Commission.

      Chair Schell opened the public hearing. As there were no public comments, Carlblom moved to close the public hearing with Mike Bishop a second. Internal discussion verified that the entrance/access to Block 5 had been changed to a north location across Block 4 from the south location on a previous replat request. Bishop moved to recommend approval of the application for the replat as stated to the City Commission, with Bobby Koepplin a second with the inclusion of City Planner Quanbeck’s recommendations of: a) add a 10 foot utility easement along the west edge of Lot 1 Block 5, b) stormwater runoff from the proposed development be addressed in a way that’s consistent with stormwater management requirements of Valley City and does not increase runoff onto adjacent properties, and c) the applicant shall ensure that all site improvements are consistent with all applicable design standards and infrastructure requirements. The board approved of the motion with the recommendations.

Valley City Municipal Code Text Amendments Report.

      Chair Schell asked Quanbeck to address this issue. Quanbeck pointed out that the changes he wanted to point out were ones recommended by the City Commission regarding R-4 districts, in particular the minimum lot width and area adjusting from 35 ft wide/3500 total sq ft per unit to 25 ft wide/2500 total sq ft per unit. Quanbeck added this change is consistent with what he has seen in other community developments, and he wanted the board to be aware of this change as it is related to the following public hearing on the agenda. As there were no other comments, the board proceeded to that hearing.

Open Public Hearing for platting request of undeveloped land located between 8th & 9th Ave NW and north of 10th St NW – includes Lots 4-8 & part of Lot 3, Block 1, plus Lots 3-7 & part of Lot 2, Block 2, Hyland Park Addition. Recommendation to City Commission.

      Chair Schell opened the public hearing. He explained with the change in minimum size for lots in R-4 zoning, the developer for the Hyland Park Addition came back with an adjusted replat reflecting that change allowing for a few more lots.  Tony Zarbano, a homeowner next to the proposed development, asked about the drainage & storm sewer situation. Mike Strom answered, saying all drainage within the replat area will be through a gravity storm sewer to a retention pond in the NW corner then draining west of 9th Avenue into an existing drainage ditch. Homeowner Dan Larson questioned the change from a previous Planning & Zoning meeting regarding limiting proposed apartment building to a 24-plex instead of the now-approved 36 plex. Chair Schell explained that after further review, it was decided the city and board needed to be consistent with previous approvals for larger apartment complexes, and that they needed to try to better accommodate developers without being too restrictive.  Kevin Rohde, another neighbor to the development, wanted to know what the timeline was for the construction. He said he was not able to get any information to the developers and thought the board should know the schedule. Chair Schell reminded him that the Planning & Zoning Board is not there to determine construction schedules. Dave Carlsrud explained further that the purpose of this board is to be sure that projects are built according to city ordinances and zoning rules, and they are not informed of private developers’ schedules; Jim Wright added that actual construction is strictly up to the contractor. Zarbano asked if the new road and infrastructure through the development was going to be built by the builder or by the city, and Strom answered it was on the contractor. Zarbano then asked about the possible damage on the current 11th Street being used extensively for hauling fill and whether repairs would be on the contractor or the city, and Strom answered the city. Chair Schell suggested Zarbano mention the issue at a commission meeting as the P&Z Board didn’t have any say regarding road repairs. When asked about it, City Attorney Carl Martineck said that there’s no agreement in place right now; typically, after a plat has been approved, a contract needs to be in place between the city and the developer. It would be up to the city administrator and city commission to consider that provision. Larson then asked about access to the apartment building and why there’s no other access to 9th Ave NW. Strom said that 9th Avenue is a DOT road with limited access availability and there were no other viable options. Bishop moved to close the hearing with Faure seconding. With no further internal discussion, Koepplin moved to recommended approval to the City Commission with Quanbeck’s recommendations of: a) stormwater runoff from the proposed development be addressed in a way that is consistent with the Valley City requirements and does not increase runoff onto adjacent properties, b) all infrastructure required to serve the proposed development have easements as required by Title 16 of the Valley City Municipal Code (VCMC) and city engineering standards, c) the applicant shall give satisfactory assurance of the provision of all site improvements for the proposed development as required by VCMC Sections 16-01-06, and, d) the applicant shall ensure that all site improvements are consistent with all applicable design standards and infrastructure requirements.  Carlblom seconded the approval. Before roll call, Wright questioned the setbacks on the smaller 25’ lots, particularly in reference to balconies in side yards. Quanbeck explained that according to the already decided upon Section 11-04-08, balconies 8’ above the ground were excluded from yard measurements. Wright had issue with the fact that in theory, balconies could be touching each other across the yards. Chair Schell called for the vote and the board approved the recommendation to the City Commission, with Wright the lone nay vote.


     With no other items to discuss, Chair Schell called for the meeting to close at 4:37pm.

Submitted by: City Assessor Sandy Hansen, Acting Secretary

Posted in Planning & Zoning Minutes.