WILLIAMS COUNTY PLANNING AND ZONING COMMISSION Williams County, ND Meeting Overview Thursday, July 20, 2017 6:00 P.M. COMMISSION MEMBERS: Wayne Aberle, Dan Kalil, Mark Barstad, George Pederson, Gordon Weyrauch, Mike Wells, Charell Schillo, Chris Brostuen, Tate Cymbaluk CALL TO ORDER: 6:00PM ROLL CALL: Commissioners Present: George Pederson, Gordon Weyrauch, Charell Schillo, Mike Wells, Dan Kalil, Mark Barstad, Mike Wells, Wayne Aberle. Commissioners Absent: Chris Brostuen, Gordon Weyrauch, Tate Cymbaluk Staff Present: Kameron Hymer, Sam Henderson, Nathan Hall, Kristina Hoskins, Duane Winter, Doug Lalim. PUBLIC COMMENT: None APPROVAL OF MINUTES: June 15, 2017 MOTION: Pederson motioned to approve the June, 2017 meeting minutes. SECOND: Wells Voice of all ayes, motion passes. OLD BUISNESS: LU-0077-17 A Conditional Use Permit for the renewal of temporary housing at the request of Target Logistics. The existing sites are approximately 30 acres and 34 acres located in L1 of the Haustveit Subdivision and Lot 1 of the Tioga Area Commerce Park, in the N/2 of the NW/4 of Section 16, T156N R96W. The properties are zoned Commercial and Industrial. West Bank Township. Nathan Hall introduces request. Travis Kelley, Target Logistics, requests that this application is tabled because they are hoping they can move the buildings to a place where they will be used. Dan Kalil asks if the item can be tabled indefinitely. Sam Henderson responds they would like them to be on the agenda every month. MOTION: Barstad motioned to table request until August 17, 2017, Planning and Zoning meeting. Mark Barstad asks about the requirement for renewing a Conditional Use Permit for a Man Camp and if the facility must have 50 beds. Henderson responds the policy is that staff is not supposed to take applications for camps that do not meet the 50 bed minimum however there have been several instances where staff has been directed to take the application. Voice of all ayes, motion passes. Request is tabled until August 17, 2017 Planning and Zoning meeting. Williams County Planning Commission Meeting Minutes 7-20-2017 Page 1 of 10
NEW BUSINESS: LU-0098-17 A Conditional Use Permit for the renewal of temporary housing at the request of MonDak Portables. The existing site is a 10 acre portion of the NE/4 NE/4 of Section 2, T155N R100W. The property is zoned Commercial. Pherrin Township. Hall introduces the request. Kalil asks for comment from the applicants. Kathy Zent, MonDak Portables, states they have 10 units on the property. Aberle states originally they applied for a mobile home park. Zent states three units are being lived in. Pederson clarifies that the units are for staff only. Kalil asks with all of the housing available now if the temporary housing is still necessary. Zent replies that it is, with the downturn wages took and hit and some of the employees do not have a vehicle. The people living there would not be here if they did not have temporary housing available. Kalil asks if Pherrin township sent in comment. Kristina Hoskins stats they did not receive the packet sent by Williams County staff. Henderson adds that when MonDak Portables applied for a mobile home park in the same area last fall Pherrin Township approved it. Kalil asks for public comment three times with no response and closes hearing. MOTION: Aberle motioned to approve the request with Planning and Zoning staff and Highway department Barstad adds that we must decide if we want to be in the housing market or not, if we start approving everyone that comes through then we re back in temporary housing. YES X X X X X X Motion passes, recommendation is to approve request with Planning and Zoning and Highway Department staff LU-0099-17 A Conditional Use Permit for the renewal of temporary housing at the request of Waggoners Trucking. The existing site is approximately 24 acres on the west side of Hwy 85 located at 4881 Hwy 85 Williston, ND in Section 31, T154N R101W. The property is zoned Commercial. Williston Township. Hall introduces request. Amy Marcantel, Waggoners Trucking, speaks about the location and states that the temporary housing is used for their employees and some of their customers. Kalil asks for public comment three times with no response and closes the hearing. Aberle comments that this is one of the best kept temporary housing facilities; it is always clean and has no issues. He also adds he spoke with some members of Williston Township and they stated they were neither for nor against it. Barstad adds that there is no purpose for temporary housing anymore; there are plenty of apartments and trailer courts sitting empty. Pederson states on the comment sent from Williston Township they were against it and he does not want to go against the township wishes. MOTION: Pederson motioned to deny request due to township disapproval. SECOND: Wells YES X X X X X X Williams County Planning Commission Meeting Minutes 7-20-2017 Page 2 of 10
Motion passes, recommendation is to deny request. LUA-0100-17 A Conditional Use Permit for the renewal of temporary housing at the request of Northern Energy Services. The existing site is approximately 13 acres located in NE/4 SE/4 of Section 6, T156N, R95W. The property is zoned Agricultural. Pleasant Valley Township. Hall introduces the request. Judy Bergerson, Northern Energy Services, give a description of the property and facility. Barstad asks about the picture of the undocumented living space mention in the staff packet (see attached). Henderson explains this space did not have any building permits. Kalil asks for comments from the public. Henderson informs the commission that the applicant would like to have the temporary housing units on the property considered as real property taxes rather than paying bed fees. This is something for the Board of County Commissioners to consider. MOTION: Schillo motioned to approve the request with Planning and Zoning and Highway Department staff YES X X X X X X Motion passes, recommendation is to approve request with Planning and Zoning and Highway Department staff LU-0104-17, LU-0106-17 A Conditional Use Permit to establish a dog daycare and commercial kennel on a residential property at the request of Tiffany Christensen and a Williams County staff initiated Zone Update from Residential to Rural Residential. The site is approximately 8 acres located in Sublot 4 in the NE/4 NE/4 of Section 8, T154N R103W. The property is zoned Residential. Round Prairie Township. Hall introduces request. Tiffany Christensen states this will be her home as well as a kennel and that a neighbor had commented that he was concerned about dogs running on his property and dogs barking at night. She does not let her own dogs run loose and would not let the boarded dogs run loose either and she would keep the barking down to a minimum. This is something the community as a whole could benefit from. Barstad is there any rules for how many dogs you can have? Christensen; I couldn t find any for kennels. I will probably only take 10 dogs at a time because I have my own dogs as well. Kalil asks if there is any public comment. Pederson asks if the nearest neighbor is across the street. Christensen points out a trucking company that is closer. Kalil asks for public comment with no response and closes hearing. Barstad asks if the neighbors have issues with barking if there is a way for them to address it. Henderson states they can come to Planning and Zoning and since it is a CUP they can issue a violation notice. MOTION: Barstad motioned to approve the requests with Planning and Zoning and Highway Department staff Williams County Planning Commission Meeting Minutes 7-20-2017 Page 3 of 10
Motion passes, recommendation is to approve requests with Planning and Zoning and Highway department staff LU-0107-17, LU-0112-17 A Conditional Use Permit for the expansion of an oil storage and transfer facility at the request of LJ Hoffman of Statoil Pipelines, LLC and a Williams County staff initiated Zone Update from Industrial to Heavy Industrial. The site is approximately 14 acres located in Sublot 3 in the W/2 of the SW/4 of Section 35, T154N R102W. The property is zoned Industrial. Judson Township. Hall introduces request. LJ Hoffman, Stat Oil, this is to increase capacity storage for the increase in production over the next couple of years. Barstad; where is your access on to 1804. Hoffman; On the corner there. Barstad; and it is just gravel? LJ; Yes. The tanks going into place will be the same height as the ones there, just wider. Pederson; looking at the comments from the township they put a turning lane. The turning lane is by the state. Charell Schillo; Will it be transferred by truck or pipeline? Hoffman; Pipeline. Kalil asks for public comment three times with no response and closes hearing. MOTION: Schillo motioned to approve the requests with Planning and Zoning and Highway department staff SECOND: Wells Motion passes, recommendation is to approve requests with Planning and Zoning and Highway department staff LU-0109-17 A Zone Change from Agricultural to Rural Residential at the request of Brent Bugbee. The site is a portion of an approximately 78 acre property located in the N/2 of the NE/4 of Section 26, T157N R96W. The property is zoned Agricultural. Golden Valley Township. Hall introduces request. Brent Bugbee, applicant, I am requesting a zone change to put a house out there. Kalil asks for public comment three times with no response and closes hearing. Barstad; as long as this doesn't go under any exemptions they have to do a minor subdivision? Henderson; Yes, they have not submitted a minor subdivision yet but the proposed area is in the packet (see attached). The remainder will stay over 40 acres so it will be remaining in AG. The parent portion or the remainder part does not qualify for exemption. MOTION: Pederson motioned to approve the request with Planning and Zoning and Highway department staff SECOND: Aberle Motion passes, recommendation is to approve request with Planning and Zoning and Highway department staff Williams County Planning Commission Meeting Minutes 7-20-2017 Page 4 of 10
LU-0110-17 A Zone Change from Residential to Heavy Industrial and a Comprehensive Plan Amendment to include the property in an employment area at the request of CP Machine, Inc. The site is approximately 5.5 acres located in Lots 1R and Lots 2R of Riverview County Acres Subdivision in Section 11, T154N R102W. The property is zoned Residential. Judson Township. Hall introduces the request and adds staff comment there is a letter from Dr. Ahlquist (See attached). Ryan Geltel representing CP machine; to give you a little background CP machine has been operating since 2012. They want the Zone Change is because they want to build a shop there. They would just like to move from the building north to the building south. There is a land owner to the south and he has not objected. There is a commercial lot and industrial so between any other residences there is a nice buffer. Barstad where does the residential start? Geltel it is surrounded by those types of uses and the reason heavy industrial is because they need to store pipe. Penny Soiseth; I am to the north of that and they have not come to us to talk to us. I oppose this for a few different reasons. When we first moved out there is there was one building. All of a sudden we have few other commercial properties. At one point this area was for sale and they wanted to go commercial. We own this right now and we plan on living out there. When it was busy they would have trucks out on the road. That hasn't happened lately. At one point they had asked the township to use the other lot. The township had said no. Craig's Roustabout was out there. I think it sets precedent to that area. Kalil asks for public comment three times with no response and closes hearing. Kalil We have history on this property. Schillo; the area north of that is already zoned commercial and south of that is zoned residential. Are there any houses on the residential? Henderson; there is a residence on the southwest lot. As stated in staff report this was platted in early 2000 for the north half commercial and the south half residential. Schillo; how far outside of Comprehensive Plan for industrial area, the employment area goes a mile off the highway? Henderson about a mile and a half. Barstad; There is no heavy industrial in the immediate area. MOTION: Wells motioned to deny the request. Motion passes, recommendation is to deny the request. LU-0113-17 A Conditional Use Permit for an additional single family dwelling on a lot at the request of Keith Morlock. The site is approximately 42 acres located in the W/2 of the NW/4 of Section 8, T155N R99W. The property is zoned Agricultural. Springbrook Township. Kalil leaves room 6:54p and returns at 6:56p. Nathan introduces request. On the desk in front of you there is a letter from the City of Springbrook and a zoning violation letter. Keith Morlock, before we brought this property we stopped by and talked to Sam about some of the things we wanted to do. We were not told it would be impossible. We have pulled some things back. There are some trucks there and we pulled those trucks back. We are not over the weight limit for the roads but we do plan on moving the trucks out. We spoke to the township and they were in support of what we were doing. One of the reasons we picked this property is to the east side there are two pipelines and we are continuing to run a pipeline through here. The whole idea was that because of the pumps that are needed because of the pipeline that this would be a good place to have some housing. We do need at least one employee who is in the primary residence now. I came to ask for an additional unit for myself. This location is also central to all of our pipeline that runs through the east side of Williston. There is a lot of stuff Williams County Planning Commission Meeting Minutes 7-20-2017 Page 5 of 10
that has come from the mayor of Springbrook; a lot of what he has said is not true. We did speak to Sam when we purchased this property; no one advised us this would be an uphill battle so we are pulling almost all of that back. We are moving our trucks over off of highway 2 on a property that is industrial but I need to get a fence up before we put this equipment out there. As far as the buildings on there one belongs to an employee that is no longer with us, we are getting that out of there. We did remove a number of other skid buildings around this property. There were various skid mounted trailed used for storage. Pederson; there are still quite a few skids there. There is the one sitting waiting for building to go to the 5 acres down below. Pederson; I am counting 6 skid units here. Morlock; the 5 go together to make 1unit. There is an active permit with the county but we decided we don't want that there either, that is why it was on the property but we will be getting rid of it. The other unit, that is the unit we would like to have as an extra unit the will just be for me and my family. Aberle; single unit trailer? Morlock; Yes we had to move it from where it was purchased from. We are here to clean it up not make it worse. We would like to bring some grazing back. We have to fix the dam first. The trucks are being moved. The property is important for the water. We liked the idea because there is a lot of theft, having it parked where someone could live there and watch it. But we do have 10 acres we will be moving it to, we just need time to make it secure. Pederson; I have a question there is an app for a Minor Subdivision? Sam yes a 75 acre parcel at this time, they wanted to split it into two. If you recall last month it came before the board to rezone the southern half to industrial to store the equipment. IT was tabled at the county commission and has yet to go back. This would be on the Northern AG portion. In an AG district a second single family dwelling is conditional use. Morlock we are not looking for a rezone anymore. Pederson; Are you going to sell the water out of the dam? Morlock; No. Schillo; You have a water pipeline going by there. Are you going to use that reservoir for the pipeline? Morlock; No, there is so much sediment in there and there are so many rules about ag water vs industrial water it is better to keep this ag and leave the industrial in the pipe. Schillo; So, it won t be connected to pipeline system? Morlock; No. Pederson; how soon to have stuff out of there? Morlock; depends on how soon we can secure the 10 acres on highway 2. The 5 plex is for sale and other unit the employee is sold. Aberle; the double wide stays? Morlock; Yes, this is such a strategic area for us with the pipeline we need someone in the area if something happens. Aberle; So, you will clear everything else off and leave the double wide and the single wide on the property? Morlock; Yes. Barstad; Have you gone back to Springbrook? Morlock; Not to the City. There is a legal issue between us and the mayor. I have never come to Sam or anybody and said I want to put a man camp down there. I own the property I was trying to find something to help our employees out and he took the conversation of something we might want to do someday and turned it into something else. The township is fully aware and there are no objections. Dan any other comments or questions. Kameron Hymer; My staff does not guarantee any approvals of any commission. They may be asked what the chances are and they may look at past decisions but my staff will not ever guarantee. My concerns with the property the amount of items that are commercial or oil field related. I was surprised to see a lot of the trucks came from the property west of town that had an explosion. One of the issues at hand is they have the cart before the horse. They did apply for some building permits but that does not give them permission to move these items on there and the permit was denied by Planning and Zoning and Building. It frustrating that I ve had to chase some of this equipment. Pederson on the stuff in violation is there a timeline. Hymer; I give a 2 week notice, if people call me I will give them up to 30 days and work with them. If they have not complied by then I will bring them before the Commission or start legal action. Pederson; One of the issues I have is the statement is we are trying to sell the skid units. They don't anchor together. Morlock; We have no record we have never been chased off of any property. I challenge the gentleman to show us that because I have never seen it. The 5 do lock together all the doors connect. But we want them gone. We actually came to the Building division and they inspected them and said the only thing we would have to do is fire extinguisher and fire alarms. Henderson; I believe it was Paul who inspected them. Pederson; That still doesn t put them on this property, you were never approved for the zoning for that. Henderson; The skid shack was intended to replace the home down on the 5 acres as a single family unit. They said they had found some modular units that fit together and Planning and Zoning Williams County Planning Commission Meeting Minutes 7-20-2017 Page 6 of 10
did say as long as it met building code for a single family house that it could go on there to replace the home that was already there. There was some confusion on the building permit that was turned in. There were no building plans but there was a floor outline that seemed to denote it was a commercial structure so the review of that permit was treated as a commercial building. This is a separate matter from the request for a single family home. It was intended to go to the 5 acre lot to the South as a single family home. Morlock; Again we are going to pull it because it is ugly, but it didn't need anything else. I just don't like the way it looks. IF I had to pull it to my other commercial property I could. You are asking what happened if it wasn't sold in two weeks, we will pull it to our commercial property. Aberle; Where did you get it? Morlock; Richie Brother Auction. Before we moved it onto the property we had someone from the County inspect it and he said it is considered a single family dwelling. But when I saw it we switched to a smaller trailer. Hymer; Those 5 skid shacks were not the ones that I saw; it s the single skid shack and the 640 energy trucks. But even if I am incorrect in my findings it still doesn t change the fact that there are commercial findings out there. Paul did go out and look at those and he stated anything could be brought up to code pending planning and zoning approval but there was never permission granted to move those out there. Rick Sigvaldsa; I live out there and I also work for the city. I would like to correct Mr. Morlock he said that dam was intended to pump water for Agricultural. If you approve this it is going to go to more things. Even after you denied it they are still going ahead. There are no uses for ag water around there. He said they are going to graze there. There are 75 acres. Keith we are going to keep it ag so there is not a conflict. Dan close hearing. Wayne if they get in co, you can t graze much on 75 acres. Kalil asks for public comment three times with no response and closes hearing. Aberle; Until they are in compliance for the single family dwelling and get everything off of there table it. Give them the 2 weeks or 30 days. Kalil: We are discussing without motion. MOTION: Aberle motioned to table the request until the applicant is able to bring the property in compliance and has township feedback and comment from the city of Springbrook. SECOND: Schillo Morlock; I am confused we are outside the city. Henderson; I did call the Supervisor Chair and he said the discussion at the meeting is that they are in favor. Aberle; they can go back to the township and address the city would be good. Motion passes, recommendation is to table the request. LU-0115-17 A Conditional Use Permit for a caretaker s unit at the request of Wade Moe. The site is located in the SE/4 of the SE/4 of Section 8, T155N R95W. The property is zoned Agricultural. Dry Fork Township. Hall introduces request. Wade Moe I have a guy in my yard who takes care of the place when we're gone. There is a lot of traffic on that road. I want to have them live there to keep an eye on the property. Barry Ramberg; before we moved I was a neighbor of his and I talked to the township members and no one has any issues with it. There is so much traffic if you are not there it takes 10 minutes and everything is gone. Kalil; If they request was for a farm employee it would be a slam dunk. Kalil asks for public comment three times with no response and closes hearing. Schillo; The staff comment say they cannot live in the RV they are living in. So basically they would need to put in a trailer house if we approve with staff Williams County Planning Commission Meeting Minutes 7-20-2017 Page 7 of 10
MOTION: Pederson motioned to approve the request. SECOND: Barstad Motion passes, recommendation is to approve the request. LU-0116-17 A Williams County staff initiated Zone Update from Residential to Urban Residential. The site is located in Raulston Subdivision in the NW/4 of the NW/4 of Section 5, T154N R100W. The property is zoned Residential. Stony Creek Township. Hall introduces request. Henderson; We were approached by Mr. McRae for a re subdivision. The current zoning that is appropriate is urban residential classification. So the re-subdivision as directed in the subdivision regulations will be submitted to county for approval. Staff decided to request an update for this property. Kalil asks for public comment three times with no response and closes hearing. MOTION: Barstad motioned to approve the request. SECOND: Wells Motion passes, recommendation is to approve the request. SP-0129-17 A Preliminary Plat review for Red Mike Airpark at the request of Blake Sexton. The site is located on the E and W side of 111 th Ave NW, approximately ¾ of a mile S of 52 nd St. NW. The properties are currently zoned Agricultural. Hofflund & Nesson Valley Townships. Hall introduces request. There is a letter for from Rural Water District. Brian Lee, airpark manager, our intent is to get a final plat to get the air park platted. We've been working with our engineer. We've had some interest in the project, people are excited about it. Barstad; What size are the lots? Blake Sexton they vary in size, if you look on sheet 3 and 4 you can see the area. Aberle; Do you have to get FAA approval to build this thing? Lee; No but we did. We have a certain amount of FAA approval but it is a lot less than if it was a federally funded runway. Kalil asks for public comment three times with no response and closes the hearing. Barstad; I see the recommendations from Pat Beebe. Pat Beebe; all of our recommendations are going to need to be done prior to the record action of the map. Henderson; There are some items that will need to be resolved before a final play is recorded. The process is to give more of an idea then a paper drawing. There are certain items that need to be met. Planning and Zoning needs to find that the plat meets the requirements. We have only 3 letters back; one from the water today, one from electrical and one from Internet and TV. We do not have the remaining letters. They also need to meet the design standards and give appropriate provisions for public health and welfare, site for school and school ground if necessary. Barstad; Lot 8 does that run all along the runway? Sexton; That will be an unbuildable lot. Beebe; The question on the unbuildable on 8 they have a parking lot and some other stuff they are building on there. It needs to be labeled a little different then unbuildable but it can be done. It's also going to have a small Williams County Planning Commission Meeting Minutes 7-20-2017 Page 8 of 10
building that people can go to when they get off the plane. MOTION: Schillo motioned to approve the request with Planning and Zoning and Highway department staff Motion passes, recommendation is to approve the request with Planning and Zoning and Highway department staff LU-0127-17 An Amendment to the Williams County Zoning Ordinance for the regulations of small lot subdivisions. Hall introduces request. Kalil asks for public comment. Kalil states this is a good solution. MOTION: Pederson motioned to adopt the amendment to the Williams County Zoning Ordinance for the regulations of small lot subdivisions SECOND: Aberle Motion passes, recommendation is to adopt the amendment to the Williams County Zoning Ordinance for the regulations of small lot subdivisions. LU-0128-17 An Amendment to the Williams County Zoning Ordinance for the lot size in the Agricultural Zoning District. Hall introduces request. Henderson; There are a couple of options on this one if you recall at the June meeting Planning and Zoning Commission directed staff to bring back some options to find a way to allow some smaller lots to be split off in the agricultural district without having to be rezoned but not allow a parcel to be divided into for example 16 10acre lots and have that be an agricultural subdivision. We provided three options. The first which we are calling a farm stead exemption is similar to a farm exemption except it removes the requirement that the person purchasing the farmstead having to be a member of the family so that will allow to split off of an exiting farmstead and they do not need to be a member of the family and keeping it agriculturally zoned. There are some other requirements as well. The second option would be the reduce the minimum required lot size to 10 acres and adopt a maximum allowable density; 1 dwelling unit per 40 acres or 4 dwelling units per quarter section. If the 40 is being split and the dwelling is already on the new lot it can only be used for agricultural purposes. It limits the density of the residential in the agricultural. It's like the existing process that can be followed to develop smaller lots on an agricultural parcel. This would allow up to 4 residences on a quarter section and allow them to go down to 10 acres. Option C which is being called a rural survey exemption was brought forward by some surveyors in the area. It would allow one 5 acre lot per quarter quarter section or government lot and be exempt from rezoning and Williams County Planning Commission Meeting Minutes 7-20-2017 Page 9 of 10
the design standards of chapter five and be subject to only planning division staff review. Staff did make some tweaks to the suggestion for it to be eloquently described. We did attach to the memo a list of the areas of the ordinance that will need to be amended to implement one of these three options (see attached). In addition to those we wanted to clarify the family farm exemption. All of the options did include the changes to the family farm language so there is no more confusion. We did unify that to 1 lot per child of the family. We did underline that it was for continue the purpose of continuing the farm or the ranch. The different alternatives are outlined in the memo. The staff recommendation would be to recommend option A. The Planning and Zoning Commission discusses the different options available and decides that they will need to review the options further and discuss this request at a later date. MOTION: Schillo motions to table the request until the August 17, 2017 Planning and Zoning meeting so that the commission can further review the amendment. SECOND: Wells Voice of all ayes, request is tabled until the August 17, 2017 Planning and Zoning meeting. DISCUSSION ITEMS: Kameron Hymer introduces the new Williams County Building Official, Doug Lalim Adjourned at: 8:02PM MOTION: Barstad Williams County Planning Commission Meeting Minutes 7-20-2017 Page 10 of 10