Planning and Zoning Commission Minutes May 28th , 2013 The McKenzie County Planning and Zoning Commission met at the McKenzie County Courthouse in Watford City, ND on May 28th , 2013. Board members present: Kris Mrachek, Carol Norgard, Daryl Flagen, Doug Norby, Paul Wisness, Les Haugen and Rick Lawler. Also present was County Planner Walter Hadley. Mr. Kris Mrachek called the meeting to order at 5:00pm. May 14th minutes were read. Mrs. Carol Norgard moved to accept the minutes and Mr. Doug Bolken seconded. Members voted and approved. Representatives from Indigo Sign Works presented the board with their project to erect a sign at the recent and still under construction Wild Bison Travel Center which is located at the corner of Hwy 68 and Hwy 85. Representatives were asking for clarification on the Zoning Ordinance in regards to sign allowable area and lighting specifications. Mr. Ari Johnson addressed the board with options to proceed. The board agreed that the Wild Bison Travel Center would be able to do a sign that fit within the Zoning Ordinance. The board will review the ordinance for possible word changes and the Wild Bison Travel Center will have the option to request any Zoning modifications they see fit in a proper zoning application. Mr. Daryl Flagen moved to start the amending process on Zoning Ordinance 4.4 (1 & 3). Mr. Doug Norby seconded. Members voted and approved. Mr. Kris Mrachek opened the floor for the public hearing on the McKenzie County Subdivision Resolution. No public comments. Chairman Mrachek closed the public hearing. Mr. Daryl Flagen moved to accept the Subdivision Resolution and Mr. Rick Lawler seconded. Members voted and approved. Jim Robinson, Jane Witheridge and Brett Williamson presented the for a conditional use permit to use land zoned agricultural to establish a waste management facility, and a variance to locate the facility closer than one (1) mile to the nearest single family residence. The proposed project is located on a 171.55 acre, more or less, tract of land described as N1/2 of Section 1, Township 150 North, Range 96 West. Mr. Kris Mrachek opened the floor for the public hearing. Ms. Kathy Skarda raised questions of the design standards in which Tervita representatives answered the specific design element questions and the closing issues if the site were to close within a few years. Mr. Dean Brown addressed Tervita with specific requests regarding Coal Mines under the site. Mr. Paul Wisness questioned the risk on cattle if they were to enter the site. Chairman Mrachek closed the public hearing. The board agreed to take a five minute recess at 7:00pm and reconvened at 7:05pm. Mr. Paul Wisness moved to deny the Variance request by Tervita. Mr. Les Haugen seconded. Les Haugen and Paul Wisness voted aye. Carol Norgard, Daryl Flagen, Kris Mrachek, Rick Lawler and Doug Norby voted nay. Motion failed. Mr. Doug Norby moved to accept the Variance application for Tervita. Mr. Daryl Flagen seconded. Carol Norgard, Daryl Flagen, Kris Mrachek, Rick Lawler and Doug Norby voted aye. Les Haugen and Paul Wisness voted nay. Motion passed. Mr. Daryl Flagen moved to accept the Condition Use Permit application for Tervita. Ms. Carol Norgard seconded. Carol Norgard, Daryl Flagen, Kris Mrachek, Rick Lawler and Doug Norby voted aye. Les Haugen and Paul Wisness voted nay. Motion passed. Mr. Steve Syrcle from Tri-State Engineers presented the Conditional Use permit for Watford Ridge to for a conditional use permit to use land zoned agricultural to establish a waste management facility, and a variance to locate the facility closer than one (1) mile to the nearest single family residence. The proposed project is located on a 171.55 acre, more or less, tract of land described as N1/2 of Section 1, Township 150 North, Range 96 West. Mr. Kris Mrachek opened the floor for the public hearing. No public comments. Chairman Mrachek closed the public hearing. Mr. Paul Wisness requested that the condition to supply dust control to be changed to as needed. Mr. Kris Mrachek also agreed to take out the specific months and just leave as as requested for dust control. Mr. Rick Lawler moved to approve the Conditional Use Permit for Watford Ridge as amended. Mr. Paul Wisness seconded. All members voted and approved. Motion carried. Mr. Dave Reeder presented for Construct, Inc. for a Conditional Use Permit to use land zoned industrial to establish a temporary workforce housing facility. The proposed project is located on a 5.13 acre, more or less, tract of land described as Lot #3 (BDR Star Subdivision) in the SE1/4 of Section 1, Township 149 North, Range 99 West. Mr. Kris Mrachek opened the floor for the public hearing. No public comments. Chairman Mrachek closed the public hearing. Mr. Les Haugen moved to approve the Conditional Use Permit for Construct, Inc. Mr. Daryl Flagen seconded. All members voted and approved. Motion Carried. Mr. Kris Mrachek opened the floor for the public hearing regarding the Conditional Use Permit for Tamarac Investments to use land zoned agricultural to establish a private workforce employee residence and commercial shop. The proposed project is located on a 10.3 acre, more or less, tract of land described as NE1/4 of NW1/4 of Section 13, Township 145 North, Range 99 West. No public comments. Chairman Mrachek closed the public hearing. Ms. Carol Norgard moved to table the Conditional Use Permit until representatives would be available to answer questions from the board. Mr. Doug Norby seconded. All members voted and approved. Ms. Kalsey Wenger read the resignation letter Mr. Daryl Flagen. Ms. Carol Norgard also announced her last meeting date as May 28th. The board regretfully accepted both resignations. Meeting was adjourned at 8:35pm. ______________________ Secretary _________________________ Chairman