agenda - ward county, nd - official website

of 2 Planning Commission Agenda for April 18, 2019

DATE: April 11, 2019 TO: Ward County Planning Commission FROM Nancy Simpson, County Planning/ Zoning Administrator SUBJECT: Regular Meeting 7:00PM, April 18, 2019, Room 106 & 108, Ward County Administration Building

AGENDA

A. Call to order, roll call and determination of quorum.

B. Review and approval of the minutes from March 28, 2019.

C. Public Hearings

1. Hauser’s Farm Supply INC

Application for a special use permit on the following described property:

LOT A OF OLT 2 OF S2 S32-154-81 12019 HWY 52 South Minot 58701

The special use permit application is for adding the sale of firearms and ammunitions to the existing business. Sawyer Township has responded with approval and no further comment. No public comment has been received as of the date of this agenda.

2. Christopher Rafferty

Application for a variance for the following described proposed outlot:

Proposed Outlot 1 SE ¼ 2-151-83, Rushville Township Proposed Outlots 1 & 2 NE ¼, 11-151-83, Rushville Township

The variance application is to Ward County Zoning Ordinance Chapter 3, Article 24 Section 4.12, right of way dedication on section lines. Rushville Township has responded with approval. No public comment has been received as of the date of this agenda.

cc: Ward County Commissioners Regular Mailing List

of 2 Planning Commission Agenda for April 18, 2019

D. Regular Agenda

3. Christopher Rafferty

Application for a plats for the following described property:

Proposed Outlot 1 SE ¼ 2-151-83, Rushville Township Proposed Outlots 1 & 2 NE ¼, 11-151-83, Rushville Township

The plat application is for creating an outlot for the construction of a single family residence. Rushville Township is unorganized, thus the Ward County Board of supervisors acts in place of a township board. Ward County has responded with approval and the recommendation that the section line be improved to minimum standards and the owner make a maintenance agreement with Ward County. The Ward County Water Resource Board returned the plat without objection, and with the usual recommendation.

4. Loren Hoff

Application for a plat for the following described properties:

Outlot 35, being Sublots C & D of Outlot 7 NW ¼ SE ¼ & SW ¼ SE ¼, S31-154-81, New Prairie Township

The plat application is for creating an outlot that is being purchased by the applicant from the current owner. Waterford Township has responded with approval with no further comment. The Ward County Water Resource Board returned the plat without objection, and with the usual recommendation. Minot Air Force Base has not responded as of the date of this agenda.

E. Old Business

5. Ruso Wind Partners, LLC- Second Reading

Application for a special use permits for multiple properties located in Greely & Iota Flat Townships. The proposed locations are shown on a map included within this packet. The special use permits application is for constructing approximately 53 electrical wind generation towers. Iota Flat Township have not submitted a formal response as of April 10. Greely Township has responded with approval and no further comment.

6. AT&T- Second Reading

Application for a special use permit for the construction of a cellular communications tower on the following described property:

NE ¼, 16-153-81, Sawyer Township

The special use permit application is for constructing a cellular communications tower. Sawyer Township has responded with approval and no further comment. No public comment has been received as of the date of this agenda.

F. Other business or adjourn

1. Comprehensive Plan First Draft

Discussion.

Minutes of the Ward County Planning Commission

March 28, 2019

The meeting of the Ward County Planning Commission was called to order at 7:00 p.m. by Chairman Kossan with Commissioners Livingston, Pitner, Walter, Wolsky, Heller present and Commissioner Fjeldahl who arrived at 7:07 pm. Also present were Planning & Zoning Administrator Nancy Simpson, Roza Larson, Dana Larsen, Shelly Weppler, John Pietsch, Tiffany Grosche; Secretary, Joel Quanbeck; KLJ Consultant and several members of the public.

Moved by Comm. Wolsky, seconded by Comm. Pitner to approve the Planning Commission meeting minutes from February 21, 2019. Roll call; all voted yes; motion carried.

AT&T Application for a special use permit for the construction of a cellular communications tower on the following described property:

NE ¼, 16-153-81, Sawyer Township The special use permit application is for constructing a cellular communications tower. Sawyer Township has responded with approval and no further comment.

Moved by Comm. Wolsky, seconded by Comm. Walter to open the public hearing at 7:02 p.m.

regarding the Special Use Permit Application for AT&T. Roll call; all voted yes; motion carried. James Ries of AT&T answered the Commissioners’ questions via phone. No one from the public came

forward in opposition or support of the permit application.

Moved by Comm. Wolsky, seconded by Comm. Pitner to close the public hearing at 7:05 p.m. Roll call; all voted yes; motion carried.

Moved by Comm. Pitner, seconded by Comm. Walter to approve the Special Use Permit based on findings, facts and staff recommendations. Roll call; all voted yes; motion carried.

Rod Vaage Application for a variance for the following described proposed outlot:

Proposed Outlot 3 W ½ NW ¼, 32-153-82, Willis Township The variance application is to Ward County Zoning Ordinance Chapter 3, Article 24 Section 4.12, right of way dedication on section lines. Willis Township has responded with approval with a comment of “seems simple enough”.

Moved by Comm. Wolsky, seconded by Comm. Pitner to open the public hearing at 7:09 p.m. regarding Rod Vaage Variance Application. Roll call; all voted yes; motion carried.

No one from the public came forward to speak for or against the Variance Application for Rod Vaage.

Moved by Comm. Walter, seconded by Comm. Pitner to close the public hearing at 7:10 p.m. Roll call; all voted yes; motion carried.

Moved by Comm. Pitner, seconded by Comm. Walter to approve the Variance Application. The applicant, Rod Vaage appeared and answered questions from the Commissioners regarding his application and futures plans with the property. The discussion continued regarding the application and if it falls within the current county ordinances. After the discussion the Applicant withdrew his Variance Application.

Rod Vaage Application for a plat for the following described property:

Proposed Outlot 3 W ½ NW ¼, 32-153-82, Willis Township The plat application is for creating an outlot for the construction of a single family residence and private shop/garage. Willis Township has responded with approval with no further comment. The Ward County Water Resource Board returned the plat without objection, and with the usual recommendation. Minot Air Force Base has no objection due to the use not changing.

Moved by Comm. Wolsky, seconded by Comm. Pinter to table the Plat Application. Roll call; all voted yes; motion carried.

Base Utilites Application for a plat for the following described properties:

Unplatted Portion of NW ¼ SW ¼ & NE ¼ SW ¼, 12-157-83, Waterford Township The plat application is for creating an outlot that is being purchased by the applicant from the current owner. Waterford Township has responded with approval with no further comment. The Ward County Water Resource Board returned the plat without objection, and with the usual recommendation. Minot Air Force Base responded they were fine with plat.

Moved by Comm. Wolsky, seconded by Comm. Pinter to approve the Plat Application based on findings, facts and staff recommendations. Roll call; all voted yes; motion carried.

Nick Hulberg

Application for a plat for the following described property: Proposed Outlot 9 SW ¼ SW ¼, 2-153-35, Freedom Township & Proposed Outlot 10 SW ¼ SW ¼, 2-153-35, Freedom Township

The plat application is for creating two outlots, Outlot 9 will encompass an existing farmstead, Outlot 10 will be for moving/constructing a single family residence. Freedom Township has responded with approval with no further comment. The Ward County Water Resource Board returned the plat without objection, and with the usual recommendation.

Moved by Comm Walter, seconded by Comm. Fjeldahl to approve the Plat Application. Roll call; all voted yes; motion carried.

Jay & Karen Hennessy

Application for a plat vacation for the following described property: Outlot 1, NE ¼, SE ¼, 6/154-85, Rolling Green Township

The plat vacation application is for vacating and existing outlot. The applicant built a farmstead when the outlot was first platted, however, some of the farmstead was built across the property line into broad acres. Rolling Green Township has responded with approval with no further comment. The Ward County Water Resource Board returned the plat without objection, and with the usual recommendation.

Francis Hennessey, applicants father appeared and informed the commission that the existing

farmstead was intended to be constructed within the outlot’s property line and was not, therefore it lies on his property and he has been billed for the taxes. If the Plat vacation is approved a quit claim deed with be filed.

Moved by Comm. Walter, seconded by Comm. Wolsky to approve the Plat Vacation. Roll call; all voted yes motion carried.

KLJ consultant, Joel Quanbeck gave a presentation to the Commission regarding the first draft of the Comprehensive Plan and proposed time line for final adoption of the plan. A brief discussion followed the presentation. All Commissioner were given a copy of the draft and encouraged to read and review and bring back any questions or concerns to the next meeting.

Moved by Comm. Fjeldahl, seconded by Comm. Wolsky to hold a special meeting regarding the first draft of the Comprehensive Plan on April 11, 2019, 2:00pm-5:00pm. Roll call; all voted yes; motion carried.

There being no further business, the meeting was adjourned by Chairman Kossan at 9:01 p.m.

____________________________________________________ Chairperson, Ward County Planning Commission

Attest:

____________________________________

Ward County Auditor, Secretary

Prepared by: Nancy Simpson Item #1 Rev. Date April 2019

Planning Commission Staff Report Meeting Date: April 18, 2019 Applicant/ Owner: Hauser’s Farm Supply Inc 12019 HWY 52 South Minot 58701 701-624-5310 Representative/ Contractor: Brian Hauser Legal Description: LOT A OF OLT 2 OF S2 S32-154-81 Address: (if applicable) N/A Township: New Prairie Current Zoning: Rural Zoning Ordinance Reference: Ward County Zoning District 2 PROJECT DESCRIPTION:______________________________________________________________________

The applicant is requesting a special use permit for the sale of firearms and ammunitions. RECOMMENDATION:________________________________________________________________________

Staff recommends approval based on the findings of fact. FINDINGS OF FACT:

1. The existing lot size is 5 acres. 2. The existing use is farm equipment sales. 3. The applicant intends to add the sale of firearms & ammunitions to the current business. 4. There are no plans to discharge any firearm on the premises. 5. Sufficient parking is available for the level of sales.

Item #: 1 Recommendations_______________ Staff: Approval Township: Not yet responded (4/10) Water Board: N/A: No new Structures


PLANNING AND ZONING CONSIDERATIONS:_____________________________________________________

The subject property is located on the east side of Highway 52. A farmstead is located .25 miles to the east and shares an access point with the subject property. The existing lot has sufficient space for parking.

HIGHWAY ENGINEERING CONSIDERATIONS:_____________________________________________________

N/A: Property is not serviced by a County road TOWNSHIP RECOMMENDATION:______________________________________________________________

Staff sent out the request for recommendation on April 9. Staff expects a response before the May meeting.

WATERBOARD RECOMMENDATION:____________________________________________________________

N/A: no new structures.

No

rth

SUPHauser's Farm Supply Inc

2019_04

Sawyer153-81

New Prairie154-81

5

32

6

31 52HWY 52 S

1:7,000

0 0.1 0.2 0.3 0.40.05Miles² Hauser Special Use Permit


Planning Commission Staff Report Meeting Date: April 18, 2019 Applicant/ Owner: Christopher Rafferty 411 Laredo Dr. Bismarck, ND 58504 701-720-9571 Representative/ Contractor: Same Current legal description: SE ¼ 2-151-83; NE ¼ 11-151-83 Proposed legal description: Outlot 1 SE ¼ 2-151-83; Outlots 1 & 2 NE ¼ 11-151-83 Address: (if applicable) N/A Township: Rushville Current Zoning: Rural Zoning Ordinance Reference: Ward County Zoning District 1 PROJECT DESCRIPTION:______________________________________________________________________

The applicant is requesting a variance to Ward County Zoning Ordinance Chapter 3, Article 6, Section 4 (12) (a) requiring right of way dedication along on section lines for the section line that runs between the proposed outlots citing a topographical hardship.

RECOMMENDATION:________________________________________________________________________

Staff recommends approval based on the findings of fact and Township recommendations. FINDINGS OF FACT:

1. The proposed outlots total 40 acres: Outlot 1 of Section 2 is 11.3 acres; Outlot 1 of Section 11 is 5 acres; Outlot 2 of section 11 is 33 acres

2. The section line statutory right of way easement will remain open. 3. A coulee obstructs the subject section line. 4. The surrounding land uses are primarily rural agriculture. 5. ROW will be dedicated along the section line to the east of the proposed outlots.

Item #: 2 Recommendations_______________ Staff: Approval Township: Approval Water Board: N/A



Adjacent landowners were notified of the public hearing. Staff has received and answered several questions about if the section line was being closed; the section line will not be closed. Basin Electric has an easement adjacent to the proposed outlots, but will still have adequate access as the plats are subject to all prior easements of record.

HIGHWAY ENGINEERING RECOMMENDATION:___________________________________________________

Not serviced by a county road. However, since Rushville Township is not organized, the County highway department is responsible for the maintenance of local roads within Rushville. There are no plans to improve the subject section line.

TOWNSHIP RECOMMENDATION:______________________________________________________________

Rushville Township is not organized. The variance was not presented to the Board of County Commissioners.

WATERBOARD RECOMMENDATION:____________________________________________________________ N/A

No

rth

40’ R

OW

40

’ RO

W

40’ R

OW

Variance

Outlot 2

Christopher Rafferty

2019_04

Outlot 1Christopher Rafferty

2019_04Outlot 1

Christorpher Rafferty2019_04

Rushville151-83

2

11

1

12

1:8,000

0 0.1 0.2 0.3 0.40.05Miles² Rafferty Plats

- - - - - - - - <---Variance to right of way dedication


Planning Commission Staff Report Meeting Date: April 18, 2019 Applicant/ Owner: Christopher Rafferty 411 Laredo Dr. Bismarck, ND 58504 701-720-9571 Representative/ Contractor: Same Current legal description: SE ¼ 2-151-83; NE ¼ 11-151-83 Proposed legal description: Outlot 1 SE ¼ 2-151-83; Outlots 1 & 2 11-151-83 Address: (if applicable) N/A Township: Rushville Current Zoning: Rural Zoning Ordinance Reference: Ward County Zoning District 1 PROJECT DESCRIPTION:______________________________________________________________________

The applicant is requesting three outlots be created totaling 40 acres. The applicant is purchasing the land from the current owner and intends to build a residence on Outlot 1 of Section11.

RECOMMENDATION:________________________________________________________________________

Staff recommends approval based on the findings of fact and Township and Highway Engineering recommendations with the following condition:

1. Maintenance agreement between the owner and the County. FINDINGS OF FACT:

1. The proposed outlots total 40 acres: Outlot 1 of Section 2 is 11.3 acres; Outlot 1 of Section 11 is 5 acres; Outlot 2 of section 11 is 33 acres

2. The section line statutory right of way easement will remain open. 3. The surrounding land uses are primarily rural agriculture. 4. ROW will be dedicated along the section line to the east of the proposed outlots.

Item #: 3 Recommendations_______________ Staff: Approval Township: Approval Water Board: Approval w/ Comments



The applicant intends to construct a single family residence. The proposed outlots are zoned rural and R-1 is an allowed use. There two farmsteads to the south, the first is .8 miles, the second is 1.5 miles away. There are two another farmsteads 1.5 miles to the east and to the west. The proposed outlots are near the Prairie Winds Project, thus there are existing easements that Basin Electric has in the vicinity and my run thru the proposed outlots. Staff has spoken with Basin and they are working on locating the exact easements.

HIGHWAY ENGINEERING RECOMMENDATION:___________________________________________________

The proposed single family residence will be located along 27th Street SE which is currently a Minimum Maintenance Township Road that is bladed in the summer but is not maintained in the winter. If a home is allow to be constructed along the roadway, Rushville Township will try to maintain the roadway in the winter, but funds are limited and there are section of the roadway that do not meet standards and will fill in with snow because of trees and slough areas. If approved, the owner must understand that this is not a primary snow route and it may be a number of days before the road would be plowed. We will also need to contact the 911 coordinator to verify if the segment of roadway shows up as a street. The developer does have the option to improve the roadway corridor to meet minimum township standard and the roadway would be maintained at the same service level as the other Rushville Township Roads.


Rushville Township is not organized, thus the below recommendation is from the Ward County Board of Commissioners who act as the Township Board. Township has responded with the conclusion that the plats should be approved with the condition that the owner needs to make a maintenance agreement with the County.

No

rth

40’ R

OW

40

’ RO

W

40’ R

OW

Variance


WATERBOARD RECOMMENDATION:____________________________________________________________ Based upon review and recommendation of the Water Resource Board Engineer, the plat is returned without objection but with the following recommendations:

1. A storm water management plan may be required if the subject property: -has applied for a special use permit

2. No development as a result of this plat should obstruct any watercourse or divert surface water flows.

Outlot 2

Christopher Rafferty

2019_04

Outlot 1Christopher Rafferty

2019_04Outlot 1

Christorpher Rafferty2019_04

Rushville151-83

2

11

1

12

1:8,000

0 0.1 0.2 0.3 0.40.05Miles² Rafferty Plats

Motion Adopted: April 2, 2019 By: Ward County Board of Commission

County Engineer, Dana Larsen appeared with two agenda items the first being a proposed plat in

Rushville township. Mr. Larsen stated that there are no homes along this section of road way and one

concern he has is if a new home is constructed would be the request for snow removal. There are

sections along the road way that would make snow removal a challenge.

Moved by Comm. Rostad, seconded by Comm. Fjeldahl to recommend approval of the plat with

the condition that the plat applicant sign a maintenance agreement with the county. Roll call; all voted

yes; motion carried.

ATTEST:

____________________________________ Ward County Auditor

cc: Dana Larsen

hdrinc.com 4503 Coleman Street, Suite 105, Bismarck, ND 58503-2007 (701) 557-9701

1

Memo Date: Thursday, March 28, 2019

Project: Ward County WRD – Engineering Services Contract

To: Ward County Water Resource District (WRD), Nancy Simpson, Ward County Planning and Zoning Administrator

From: Dennis Reep, HDR Engineering

Subject: Plat Applications – Rafferty, Section 2 and 11, T151N, R83W

The plat applications are to create Outlot 1 (11.22 acres) in the SE¼ of Section 2, and Outlots 1 (5.00 acres) and 2 (30.00 acres), all in Rushville Township. The outlots are being purchased for the purpose of establishing a rural residence approximately 4 miles south and 2 miles east of the U.S. Highway 83 and North Dakota Highway 23 intersection. The current zone is Agricultural and the future use is listed as residential. The comment from the Ward County WRD should be as follows:

Based upon review and recommendation of the Water Resource Board Engineer, the plat is returned without objection but with the following recommendations:

1. A storm water management plan may be required if the subject property: - has a special use permit applied for



Planning Commission Staff Report Meeting Date: April 18, 2019 Applicant/ Owner: Loren Hoff 104520 111th 701-340-2484 Representative/ Contractor: Same Current legal description: Sublots C & D of Outlot 7 NW ¼ SE ¼ & SW ¼ SE ¼, S31-154-81 Proposed legal description: Outlot 35, being Sublots C & D of Outlot 7 NW ¼ SE ¼ & SW ¼ SE ¼, S31-154-81 Address: (if applicable) N/A Township: New Prairie Current Zoning: Rural Zoning Ordinance Reference: Ward County Zoning District 2 PROJECT DESCRIPTION:______________________________________________________________________

The applicant is requesting and outlot be created to combine two sublots. There is no intention for new development.

RECOMMENDATION:________________________________________________________________________

Staff recommends approval based on the findings of fact and Township and Water Board recommendations.

FINDINGS OF FACT:

1. The proposed outlot is 17.3 acres. 2. The applicant owns both sublots. 3. The applicant wants to ensure no development occurs on Sublot D while he owns it. 4. There is no intent on developing Outlot 35 further than what exists. 5. Row Requirements have been met.

Item #: 4 Recommendations_______________ Staff: Approval Township: Approval Water Board: Approval w/conditions



Information about how the request will be affected by zoning ordinances, what the current land use is and how it relates to surrounding properties


N/A: Property is not serviced by a County road TOWNSHIP RECOMMENDATION:______________________________________________________________

Township has responded with the conclusion that these outlots should be approved. No further comments were given.





No

rth

Outlot 35

Loren Hoff

2019_04

New Prairie154-81

Sawyer153-81

31

6

32

5

52HWY 52 S

111TH AVE SE

1:7,000

0 0.1 0.2 0.3 0.40.05Miles² Hoff Plat


1

Memo Date: Thursday, March 28, 2019




Subject: Plat Application – Hoff, Section 31, T154N, R81W

The plat application is to create Outlot 35 (17.33 acres) in the SE¼ of Section 31 of New Prairie Township. The outlot is part of an existing rural residential area along U.S. Highway 52 approximately 4 miles northwest of Sawyer. The current and future use is listed as single family residential. The comment from the Ward County WRD should be as follows:





Planning Commission Staff Report Meeting Date: April 18, 2019 Applicant/ Owner: Ruso Wind Partners, LCC 3535 Colonnade Prky, Bin S-885-EC, Birmingham, AL 35243 701-205-992-0163 Representative/ Contractor: Same Current legal description: Multiple; see spreadsheet included for parcel ID numbers. Address: (if applicable) N/A Township: Greely & Iota Flat Current Zoning: Rural Zoning Ordinance Reference: Ward County Zoning District 2 PROJECT DESCRIPTION:______________________________________________________________________

The applicant is requesting special use permits for the construction of 53 electrical wind generator towers located in Greely & Iota Flat Townships. Parcel ID numbers and location maps are included in this packet.

RECOMMENDATION:________________________________________________________________________

Staff recommends approval based on the findings of fact and Township and Water Board recommendations and the following conditions:

1. The project must be approved by the North Dakota Public Service Commission. 2. All respective entity permits, including but not limited to the following: access and approach

permits, utility permits, haul road agreements, and work with the right-of-way permits. 3. Any improvement with the public right-of-way must meet the Ward County minimum design

standards, and all signing on the public right-of-way must meet the Manual on Uniform Traffic Control Devices.

4. MOA between Ward County Highway Department, Ruso Wind Partners, and participating partners.

FINDINGS OF FACT:

1. The project foot print covers approximately 30,000 acres in Ward County and contains 59 proposed tower sites with 53 being located within County zoning jurisdiction.

2. The construction of electrical wind generation towers is fitting with the surrounding uses of agriculture.

3. Electrical wind generation towers are a special use in the proposed location.

Item #: 5 Recommendations_______________ Staff: Approval Townships: Greely: Approval

Iota Flat: No response Water Board: Approval w/conditions


4. The applicant must comply with the memorandum of agreement as agreed upon by the County, Townships and Applicant.

5. The North Dakota Public Service Commission requires necessary financial assurances that decommissioning can and will occur in a timely manner, restoring the land to its original state and protecting landowner interests. The rules require decommissioning plans, including cost estimates, being filed with and approved by the Public Service Commission prior to operation of any new facilities. A two-phase approach will be used with an initial financial assurance provided prior to construction and financial assurance sufficient to ensure complete decommissioning required before operation.


Information about how the request will be affected by zoning ordinances, what the current land use is and how it relates to surrounding properties


Ward County Highway Department is currently work with Ruso Wind Partners staff and participating townships on a MOA to clarify minimum expectations.


Greely Township has responded with approval and no further questions. Iota Flat has not returned their recommendation form of April 10.


The Water Board Engineer stated “With wind towers being distributed over a large area and with a relatively small individual footprints, I don’t know that any type of detention would be warranted.” However, the item will be on the Water Board agenda for discussion and will likely respond with the usual recommendation of: Based upon review and recommendation of the Water Resource Board Engineer, the plat is returned without objection but with the following recommendations:



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1

Memo Date: Wednesday, January 30, 2019




Subject: Special Use Permit Application – Ruso Wind Partners, LLC; T151N, R81W; T151N, R82W; T152N, R81W; and T152N, R82W

The special use permit application is to create the Ruso Wind Facility including up to 66 wind turbines, access roads, O&M building, meteorological towers, and a substation. The footprint of the facility will encompass portions of Newman, Brillian, Iota Flat, and Greely Townships. The generalized location is west and north of Ruso.

This is atypical of the usual plat applications in that it is a special use permit. The wind turbines, access roads, O&M building, and meteorological towers typically have small footprints distributed over an extended area. The substation may have a larger footprint than the other facilities, but still would be generally small. In following the City of Minot’s normal process, all commercial development would require a Stormwater Management Plan (SWMP). However, in this case, the wide distribution of relatively small footprint items would not lend itself to the development of a SWMP that is effective, and the need of one is questionable.

Therefore, the standard comment from the Ward County WRD is applicable and should be as follows:





Planning Commission Staff Report Meeting Date: April 18, 2019 Applicant: James Ries 708 West River Parkway, Champlin, MN 55316 612-481-2228 Land Owner: James & Shannon Krueger 11901 235th Ave. SE, Sawyer, ND 58781 Legal description: NE ¼ 16-153-81 Address: (if applicable) N/A Township: Sawyer Current Zoning: Rural Zoning Ordinance Reference: Ward County Zoning District 2 PROJECT DESCRIPTION:______________________________________________________________________

The applicant is requesting a special use permit to construct a cellular communications tower. RECOMMENDATION:________________________________________________________________________

Staff recommends approval based on the findings of fact and, County Engineer Considerations and Township and Water Board recommendations.

FINDINGS OF FACT:

1. The applicant intends to construct a cellular communications tower. 2. The Location of the proposed tower is zoned Rural- A-1 is an allowed use in the Rural Zone. 3. Cellular Communications Towers are a Special Use in A-1. 4. The structure meets setbacks from the ROW

Item #: 6 Recommendations_______________ Staff: Approval Township: Approval Water Board: Approval w/conditions



The proposed tower falls within the Rural Zone, communications towers are a special use within A-1 zoning, A-1 uses are permitted in the Rural Zone.


The access into the tower sight is shown to be 500 west of County Road 23 off of an unimproved section line. If improvements are need to the approach off of County Road 23, an approach permit would be need, and any improvements to section line road will require the townships approval prior to any work beginning.


Township has responded with the conclusion that these outlots should be approved. No further comments were given.


The special use permit application is to install a communication tower along with the accompanying support facilities including the tower pad, access roads, and equipment shelter. The footprint of the facility will be located in the NW¼ of Section 16 in Sawyer Township. It is approximately 1 mile south along County Road 23 from the intersection with U.S. Highway 52, or 1 mile south and 1 mile west of Sawyer. This is atypical of the usual plat applications in that it is a special use permit. The tower, equipment shelter, and access road have a small footprint. In following the City of Minot’s normal process, all commercial development would require a Stormwater Management Plan (SWMP). However, in this case, the small footprint items would not lend itself to the development of a SWMP that is effective, and the need of one is questionable. Therefore, the standard comment from the Ward County WRD is applicable and should be as follows: Based upon review and recommendation of the Water Resource Board Engineer, the plat is returned without objection but with the following recommendations:




1

Memo Date: Friday, March 01, 2019




Subject: Special Use Permit Application – AT&T; Section 16, T153N, R81W;

The special use permit application is to install a communication tower along with the accompanying support facilities including the tower pad, access roads, and equipment shelter. The footprint of the facility will be located in the NW¼ of Section 16 in Sawyer Township. It is approximately 1 mile south along County Road 23 from the intersection with U.S. Highway 52, or 1 mile south and 1 mile west of Sawyer.

This is atypical of the usual plat applications in that it is a special use permit. The tower, equipment shelter, and access road have a small footprint. In following the City of Minot’s normal process, all commercial development would require a Stormwater Management Plan (SWMP). However, in this case, the small footprint items would not lend itself to the development of a SWMP that is effective, and the need of one is questionable.

Therefore, the standard comment from the Ward County WRD is applicable and should be as follows:




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