10 - October 27, 2022 Planning Commission Meeting Packet

Planning Commission Minutes – August 18, 2022 4 6. Hearing on an application requesting a Minor Subdivision Plat of Matthews Subdivision located in Section 36, Township 138 North, Range 49 West of the 5th Principal Meridian, Stanley Township, Cass County North Dakota. Mr. Lougheed opened the public hearing. The applicant is seeking approval of a minor subdivision entitled Matthews Subdivision to plat a four (4) Lot subdivision of approximately 40 acres. According to the applicant, the subdivision is requested to divide the 40 acres into one 15-acre lot, two 10-acre lots, and one 5-acre lot for residential development. The proposed ownership and maintenance responsibility of the subdivision will be private. The subdivision will use an existing University Drive S (County Road 81) road access, ditches for storm sewer conveyance, rural water, and on-site septic systems for wastewater treatment. Dr. Mahoney left the meeting at 8:02am. Mr. Ellig has indicated that three of the four lots have been sold and the last lot is being negotiated. There has been a house moved onto a lot and being lived in. He would like to forgo the process because there is so much money involved and there does not seem be an amicable solution for everyone. Mr. Matthews said that he did know about the subdivision process and the requirements but favored Stanley Township’s view of the township versus county involvement. He then proceeded to continue the process using auditor’s lots going through the township for approval of their zoning requirements. Mr. Dwyer brought up that the major conflict is that the township allows denser development than the county. This is an issue of who has the jurisdiction to control this type of development. Mr. Benson brought up that when the City of Fargo extends their Extraterritorial Area that a deed restriction would be removed at that time. He also discussed the history of how the deed restriction came to be and the importance of it. Subdivisions previously had sprung up in rural areas of townships on township-maintained roads. Thus, putting a burden on the township to provide additional maintenance. Since then the Cass County Subdivision ordinance has been fully updated and gone through two readings as required at the Cass County Commission. No one came to hear, comment or protest on any of the changes. Mr. Nelson had bought one of the 10-acre parcels from Mr. Matthews with the intent to develop the property in the future. He also is under the impression that the township has the full authority to control the subdivision process and all development. Commissioner Scherling had asked Mr. Benson if there could have been any misinterpretation of the subdivision requirements before when Mr. Matthews had originally come before the county for information. Mr. Benson clarified that at the first meeting and over the course of the development it was made clear that this subdivision does not meet the county standards. When the first meeting happened, Mr. Matthews was told that he could create the one lot for his house but would need to submit a deed restriction for the remainder of the 40-acre parcel. Mr. Benson