WILLIAMS COUNTY PLANNING AND ZONING COMMISSION Williams County, ND Meeting Minutes Thursday, October 27 th 2016 6:00 P.M. BROADWAY COMMONS 302 E Broadway, Williston, ND COMMISSION MEMBERS: Dan Kalil, Kim Steffan, Mark Barstad, George Pederson, Gordon Weyrauch, Mike Wells, Charell Schillo, Chris Brostuen, Tate Cymbaluk CALL TO ORDER: 6:00PM ROLL CALL Commissioners Present: Dan Kalil, Kim Steffan, Mark Barstad, Gordon Weyrauch, Mike Wells, Charell Schillo, Chris Brostuen, Tate Cymbaluk Commissioners Absent: George Pederson Staff Present: Sam Henderson, Nathan Hall, Kristina Hoskins APPROVAL OF MINUTES: January 22, 2015 June 25, 2016 July 9, 2015 July 23, 2015 August 13, 2015 August 27, 2015 September 10, 2015 October 8, 2015 December 10, 2015 January 14, 2016 January 28, 2016 February 11, 2016 March 10, 2016 MOTION: Dan Kalil motioned for approval PUBLIC COMMENT: Table item number 9; Mondak Portables called and asked item be tabled because they will not be able to attend this meeting. MOTION: Kim Steffan SECOND: Mark Barstad Voice all ayes; item number 9 will be tabled until November 17, 2016 Planning and Zoning Commission Meeting. NEW BUSINESS: C-16-14; Trey McCurley of Melgaard Construction is requesting a Conditional Use Permit for a gravel pit. The subject property is approximately 835 acres and is located in S1, S2 and S11 of T154N R96W between and along Highway 1804 and 105 th Rd NW owned by Woodrow J. Sveen. The subject property is zone Agricultural. Hofflund Township Chairman Tate Cymbaluk introduces request. Sam Henderson, Senior Planner, notes that Planning and Zoning received letters from neighbors voicing concerns about dust, traffic and weeds. Cymbaluk opens up hearing. Wyatt Myers, representing the applicant, addresses concerns in letters. Cymbaluk asks for public input three times (no response) and closes hearing. Schillo asks about what the dust control is and if it should be specifically mentioned in Williams County Planning Commission Meeting Minutes 10-27-2016 Page 1 of 6
motion. Pat Beebe, County Highway, talks about dust control measures. Beebe and Barstad talk about permazyme and if that is an option. Dan Kalil asks about the size of the project and how much of it is going to be gravel. Mr. Myers states that the lease is on a large portion of the property but the actual size of the gravel pit will be small. MOTION: Chris Brostuen motioned to approve request with Planning and Zoning staff and County Highway Department comment. SECOND: Gordon Weyrauch LU-0100-16; Dean Hoover of Morris Ritchie & Associates representing Nesson Gathering System, LLC is requesting a Conditional Use Permit for and existing gas plant, a Zone Change to Heavy Industrial and a Comprehensive Plan Amendment. The subject property is 31.13 acres and is located in the SW ¼ of the NW ¼ S4 T156N R96W. The subject property is zoned Agricultural. West Bank Township. Cymbaluk introduces request and opens hearing. Collin Praught, XTO Energy, presents a slide show summarizing their request, about the location of the project and about XTO Energy. While applying for permits for a new office building it was discovered that the property is not zoned properly for the existing gas plant so they are trying to bring the existing plant into compliance. Barstad asks about paving County Road 19. Beebe stats that there have been meetings with XTO and it is on the horizon to be accomplished. MOTION: Dan Kalil motioned to approve request with Planning and Zoning staff and County Highway department SECOND: Chris Brostuen. LU-0095-16, SP-0096-16; Justin Jacobs is requesting a Variance for the creation of a lot less than 40 acres within the Agricultural Zoning District and a Minor Subdivision. The subject property is 80 acres and the resulting parcel will be 18 acres and is located in the N½ of the NE¼ of S19, T157N, R98W. The subject property is zoned Agricultural. Oliver Township. Cymbaluk introduces request, opens hearing and asks for public input. David Holeman asks if it is going to be a single home or a development in the future. Justin Jacobs states this is a single family residential farm; there will be no other structures on the property. Cymbaluk asks for public input (no response) and closes hearing. Schillo asks if farm homes need to be rezoned. Henderson states that the applicant does not meet the requirements for an Agricultural Exemption because it is less than 40 acres and he does not meet the requirements for a Family Farm Exemption because he is not related to the owner of the property. Schillo notes that the County should look into the 40 acre requirement for an Agricultural Exemption as being too strict. Williams County Planning Commission Meeting Minutes 10-27-2016 Page 2 of 6
MOTION: Dan Kalil motioned to approve request with Planning and Zoning staff and County Highway Department Comments SECOND: Chris Brostuen LU-0092-16; Clayton Lee is requesting a Conditional Use Permit for second home on property. The subject property is 160 acres and is located in the NW¼ of S23, T155N, R102W. The subject property is zoned Agricultural. Mont Township. Cymbaluk introduces request and opens hearing. Lee explains his request. Cymbaluk asks for public input three times (no response) and closes hearing. Kalil asks if the house that is already on the property is going to stay. Lee responds it is a family home so it will stay. MOTION: Mark Barstad motioned to approve request with Planning and Zoning staff and County Highway SECOND: Dan Kalil LU-0091-16; Jason Slater is requesting a Variance from the front yard setback requirements in an Agricultural Zoning District. The subject property is located in Block 1 Lots 1 & 2 of the Ezell Addition of S18, T153N, R102W. The subject property is zoned Agricultural. Trenton Township. Cymbaluk introduces request and opens hearing. Henderson clarifies that the comment from the highway department recommending the lots be combined are not required under the regulations. They can be considered one parcel since they are contiguous and under the same ownership. Barstad asks about the side yard setback. Henderson responds it depends on the type of zoning district it is. Cymbaluk opens the hearing. Slater states he is fine with whatever setbacks the zoning requires. Cymbaluk asks for public input three times (no response) and closes the hearing. He asks if the County requires the setbacks. Henderson responds in urban residential it is 10 feet and in rural residential and agricultural it is 20 feet. Henderson and the Commission continue to discuss the setback requirements in the regulations. MOTION: Dan Kalil motioned to approve request with Planning and Zoning staff and County Highway department Mark Barstad motioned to amend the request and reduce the set back to a 6 foot set back along the sides and rear. Dan Kalil seconded amendment motion. Williams County Planning Commission Meeting Minutes 10-27-2016 Page 3 of 6
Motion carried, recommendation is to approve the request, reduce the requested setback to 6 feet along the sides and rear of the property and to include all other Planning and Zoning staff and County Highway department LU-0090-16; Bakken Development Group, Lukenbill I, LLP is requesting a Conditional Use Permit for a sewer facility in the Agricultural Zoning District. The facility is described as a storage lagoon for wastewater effluent from Lukenbill Estates. The subject property is 6.5 acres of 160 acres located in the SW¼ of the NE¼ of S21, T155N, R101W. The subject property is zoned Agricultural. Missouri Ridge Township. Cymbaluk introduces request and opens hearing. Henderson adds that there was an email received from a neighbor who is concerned about pollution if the request is approved and there was also documentation submitted from the applicant regarding a review by the State and the Health Department. Cymbaluk opens up hearing and asks for public input. Kelly Booke, neighbor, states he is concerned about land values, smell, mosquitos and seepage and curious why it needs to be on that corner. Ryan Geltel, representative of the applicant, clarifies that they went through a long process trying to pick a location for the lagoon. We went through every avenue possible trying to fix the solution out there with the waste water. The design has been approved by the state. There are design standards that go along with it; there will be a chain-link fence. It will be low impact; this is the best possible solution. We are asking that the CUP stays with the land and that there is a longer time period of approval since it is regulated by the state. Also, the water coming out is treated water. Lee Barron, Engineer, adds that the drain fields failed. We looked to see if we could find another place for a drain field. This was the only place we could build a lagoon. He goes on to explain why none of the surrounding locations would work for a lagoon or a drainage field and that the whole thing will be fenced off with a chain link fence and surrounded with trees. Steffan asks where the discharge goes. Lee responds it goes into the coulee and into the ditch along the road. Weyrauch asks about the land owners allowing the waste water to be discharged across their land. Lee responds it is a State water coulee. Barstad asks what happens to the discharge when it is 30 below. Lee answers the pond is to store water in the winter and release water in the summer, it is calculated it at six months storage. Wells asks if once the lagoon is built if the land owners cannot build within a quarter mile of the lagoon. Lee clarifies that they cannot build within a quarter mile of existing residences, but because the water is so clean and there is no smell the department of health has allowed them to build within 1000 ft. rather than 1320ft. Each house has an existing septic system so the solids come out and there is an Advantix treatment system that treats the water to twenty parts per million. Kalil states the best outcome for the Lukenbill subdivision would be if the developers refunded every dollar that the homeowners put into their homes because every promise they made was empty. A lot of people are frustrated with this. Lee states he came in last year to fix what he could. We fixed roads and sewer lines and I have got to fix what I can right now. The Commission and Mr. Lee continue to discuss the history of the Lukenbill Subdivision and what needs to be fixed. Members of the public express concerns of safety for the children in the neighborhood, mosquito control and smell if the lagoon is approved. Cymbaluk asks for public input (no response) and closes hearing. Members of the commission express concerns about neighbors refusing to let the discharge cross their land. Lee responds if necessary he can change the route of the discharge. Kalil asks about using it for irrigation and Lees states it might not be worthwhile because it doesn t produce enough water. Kalil asks if they could get a flowage easement from the Hughes to allow the water to run across their land. Lee responds he could get that or if necessary he can run it across the Horab s land. The commission discusses sewage system projects that had been proposed in the area. Kalil expresses concern that if the Conditional Use permit is tied to the land they would not have an avenue to fix any future issues that arise. Geltel clarifies he wants the CUP tied to the applicant, not the land owner. Cymbaluk asks about up keep of the ditch and water flow. Beebe states there is nothing in the State regulations that requires downstream up keep and unless it is kept up it will have problems with drainage. Cymbaluk asks about the height of the evergreens. Cymbaluk asks if Bakken Development Group leaves North Dakota who is responsible for the maintenance. Lee responds they are investing a lot of money into the project and they will not be leaving. Cymbaluk discusses a bond or a development agreement and asks what the ramifications will be if the odor gets to the point where the neighborhood cannot enjoy their yards. The commission discusses the requirements of a conditional use permit and state regulations. Williams County Planning Commission Meeting Minutes 10-27-2016 Page 4 of 6
MOTION: Dan Kalil motioned to approve request with the following changes; Remove staff comment number 3; CUP shall be renewed annually, Add additional comment to include an effluent flow drainage easement with any impacted land owners, CUP will run with the six and a half acre parcel that will be created by the minor subdivision, And, the trees planted surrounding the security fence will be at least 3 feet tall. YES X X X X X X X X Tie, motion is not approved or denied. Kalil states nobody is more upset about this subdivision then Martin and I. The township and the residents were all opposed to it. It was turned down and rescinded and they came back and forced it through. It should never have been there. Everything we were afraid would happened out there did happen. But we ve got to fix it. Barstad expresses concern that a fix will hinder everyone downstream. Kalil asks what the alternative is. The commission discusses what another alternative could be. Cymbaluk asks about the developer s agreement and Geltel suggests an escrow amount to reclaim the land. Members of the commission discuss if the water will stand still or run downhill. MOTION: Chris Brostuen motions to approve request with all the previous changes and the additional requirement of a Developers Agreement that includes a maintenance bond, the amount of which is to be determined by Williams County legal counsel and Williams County Highway department. SECOND: Charell Schillo department comments removing comment number three; CUP shall be renewed annually and with the following additions; CUP runs with the 6.5 acre parcel that will be created by a forthcoming minor subdivision application, Include an effluent flow drainage easement agreement with any of the impacted land owners, All trees planted around the security fence shall be at least 3 feet tall when planted, Include a Developers Agreement with a maintenance bond; the amount of the bond is to be determined by Williams County legal counsel and the Williams County Highway department. LU-0088-16, SP-0103-16; Richard Bronson is requesting a Zone Change to Rural Residential, a Variance from the side yard setback requirements and a Minor Subdivision. The subject property is 160 acre sand the resulting parcel will be 15 acres in the NW ¼ of the NW ¼ of S25, T159N, R96W. The subject property is zoned Agricultural. Big Meadow Township. Cymbaluk introduces request and opens hearing. Ed Rintamaki explains request. Cymbaluk asks for public input three times (no response) and closes hearing. MOTION: Dan Kalil motioned to approve request with Planning and Zoning staff and County Highway department SECOND: Mark Barstad Williams County Planning Commission Meeting Minutes 10-27-2016 Page 5 of 6
LU-0069-16, SP-0068-16; Mike Marcy is requesting a Variance to allow private easements and a Minor Subdivision. The subject property is 8.45 acres and is located in the SW ¼ of the SE¼ S19, T155N, R101W. The subject property is zoned Commercial. Missouri Ridge Township. Cymbaluk introduces request and opens hearing. Marcy explains request. He states there are access roads designated on the property. Cymbaluk asks for public input three times (no response) and closes hearing. Henderson clarifies that Mr. Marcy is requesting a variance from the public use. MOTION: Chris Brostuen motioned to approve request with Planning and Zoning staff and County Highway department comments SECOND: Mark Barstad YES X X X X X X X X DISCUSSION ITEMS: Kim Steffan has turned in her letter of resignation to take effect at the end of 2016. She will attend the November and December Planning and Zoning Commission meetings. Adjourned at: 7:49 PM MOTION: Tate Cymbaluk Williams County Planning Commission Meeting Minutes 10-27-2016 Page 6 of 6