WILLIAMS COUNTY PLANNING AND ZONING COMMISSION MEETING MINUTES

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1 WILLIAMS COUNTY PLANNING AND ZONING COMMISSION MEETING MINUTES Thursday, June 21, :00 p.m. COMMISSION ROOM Williams County Administration Building 206 E Broadway, Williston, ND COMMISSION MEMBERS: Wayne Aberle, Mark Barstad, Chris Brostuen, Tate Cymbaluk, Dan Kalil, George Pederson, Charell Schillo, Mike Wells, Gordon Weyrauch CALL TO ORDER: 6:00 p.m. ROLL CALL Commissioners Present: Barstad, Cymbaluk, Kalil, Pederson, Wells, Weyrauch Staff Present: Kameron Hymer, Sam Henderson, Nathan Hall, Taylor Dawson, Doug Lalim, Duane Winter CHANGES TO AGENDA Move item 10 (LU ) to item 6, prior to Aurora Wind Project, LLC requests. MOTION: Barstad moved to approve changes to the agenda. All ayes; motion carried. NEW BUSINESS LU A Zone Update to Heavy Industrial at the request of Williams County Planning Staff. The site is 8.48 acres located in Lot 5 of the Valentina Subdivision, Section 30, T154N R101W. The property is currently zoned Industrial. Williston Township. Kalil and Cymbaluk both stated they received concerns from neighboring residents about future heavy industrial use since there is residential zoning adjacent to the north. Cymbaluk asked what the intended use was for the property. Henderson said the applicant has not discussed any specific uses for the property. Henderson noted the Heavy Industrial district is most compatible with the existing uses within Valentina subdivision. Henderson said the request was staff-initiated in order to bring the property into compliance with the current ordinance. MOTION: Barstad moved to approve the request. SECOND: Pederson Motion carried; recommendation is to approve the request. 1

2 LU A Variance for a lot that is less than 40 acres in the Agricultural District and a lot that does not front a public road easement at the request of Ed Rintamaki. The site is 160 acres located in the NE/4 of Section 33, T156N R99W. The property is currently zoned Agricultural. Marshall Township. Open hearing. Rintamaki said the property is being sold to a farmer who is going to continue to use the land for agricultural purposes. If the existing salt water disposal on the property is decommissioned, the 7+/- acre site will be given to the farmer purchasing the surrounding property. MOTION: Kalil moved to approve the request with Planning Staff and Highway Dept. LU A Variance to create lots that are less than 40 acres in the Agricultural District and not improve roadway easements and roads to current standards at the request of Ed Rintamaki. The site acres located in the NW/4 of Section 34, T154N R100W. The property is currently zoned Agricultural. Stony Creek Township. Henderson stated staff received comments from the township on the day of the meeting. They are in support of the request. Rintamaki addressed errors and clarifications to the staff report. Myron Oyloe asked what will go on the newly created lots. Brunelle, current landowner, stated houses. Barstad asked who is liable for an accident on the roadway if it is not improved. Beebe said the county would have some liability, and would need to post signs for unimproved/unmaintained road. Beebe said the landowner was not required to improve the roadway last year because there was not supposed to be any further subdivision of lots. Roadway improvements are now recommended since the road will be adding more vehicles. Barstad asked who will maintain the road in the future if the county doesn t improve it. Beebe said a homeowners association could be initiated so it could absorb the cost or a development agreement could be established. Rintamaki said the road is private and there is an agreement in place for existing and future landowners to share the cost of maintenance. Rintamaki said improvements have been made to the roadway since their last request in MOTION: Wells moved to approve the request with Planning Staff and Highway Dept. SECOND: Weyrauch YES X X X X X X 2

3 LU A Conditional Use Permit for a second dwelling on a single parcel at the request of Barbie Rodriguez. The site is 80 acres located in the E2SE of Section 9, T155N R95W. The property is currently zoned Agricultural. Dry Fork Township. Henderson said the applicant contacted staff today stating she was unable to make tonight s meeting, but requested the commission proceed with discussion and decision. MOTION: Weyrauch moved to approve the request with Planning Staff and Highway Dept. SECOND: Kalil YES X X X X X x LU A Conditional Use Permit to expand the existing Nesson Gas Plant at the request of Trevor Martin on behalf of XTO Energy. The site is approximately acres located in SWNW Ex DDPT of Section 4, T156N R96W. The property is currently zoned Heavy Industrial. West Bank Township. Trevor Martin, representing XTO, said request is to expand the refrigeration plant from 25 million/day to 100 million/day. The expansion would include addition of a couple compression buildings and process equipment buildings on their existing site. MOTION: Kalil moved to approve the request with Planning Staff and Highway Dept. SECOND: Barstad LU A Zone Change to Rural Residential at the request of Keith Horob. The site is 20 acres located in Sublot 2 W2SW, Section 21, T154N R103W. The property is currently zoned Industrial. Round Prairie Township. Cymbaluk asked for public comment three times. Hearing closed with no comment. MOTION: Kalil moved to approve the request with Planning Staff and Highway Dept. SECOND: Weyrauch 3

4 LU A Conditional Use Permit for a Wind Energy Facility at the request of Aurora Wind Project, LLC. The site is approximately 48,000 acres located across multiple sections and parcels within Big Meadow (159N 96W), Champion (157N 97W), Golden Valley (157N 96W), Hazel (159N R97W), New Home (158N 97W), and South Meadow (158N 96W) Townships. The properties are currently zoned Agricultural. Big Meadow, Champion, Golden Valley, Hazel, New Home, and South Meadow Townships. Henderson stated staff received over 30 public comments regarding the requests; only 4-5 were opposed to the project. Dave Iadarola, project manager, gave presentation on project. Teresa Larson said she has a problem with the 1,400- foot variance. Larson does not want turbines close to where she lives because she worries about the noise. She also asked why people who live out there weren t notified sooner. Iadarola said turbines were placed as a conceptual design. Henderson clarified the request is to maintain the 1,400-foot setback from occupied dwellings, and to reduce the setback for oil and gas structures. Iadarola said he would speak with Larson after the meeting to address some of her concerns. Gregory Larson asked why they were cut out from participating in the project, but has to put up with the noise and construction. Daryl Hill said he s in favor of the project. Hill stated its good clean energy that does not take up much land. Doug Cvancara said he visited with residents in Rugby who live near an existing wind farm. They told him there were growing pains, but once the turbines were up they only see what pickup driving by the site, so he is in favor of the project. Tim Sundhagen said his farm is in South Meadow Township. Sundhagen stated they have land in both the Lindahl and Aurora projects. Sundhagen said he currently farms around 12 turbines, and everything is going well, so he is fully in support of the project. Lorraine Bingeman stated she owns land in South Meadow Township and is in favor of the project. Deb Halvorson said her family has property in the Wildrose area and this project. She spoke in favor of the project for two reasons; to provide her neighbors with the opportunity, and to leverage an additional income stream when something comes up in the nature of agriculture. Richard Bingeman said he visited with Tradewind about environmental concerns and he said they have done a great job planning this with the least amount of environmental problems, so he is fully in favor of the project. Leonard Hall has property in Champion Township and asked if there will be a reclamation bond in place for when the project is finished. Iadarola said they are required to post a bond from three separate entities. Weyrauch asked about setbacks for future homes. Iadarola said they have set turbines back from any inhabitable homes. Iadarola stated they are currently setback 2000 feet from existing farmsteads. Kalil asked if landowners from Lindahl project are being paid. Sundhagen confirmed he is receiving payment for the Lindahl project. Sundhagen also said he would like to dictate what happens on his property, not the county. Larson asked life expectancy of the project. Iadarola said the leases are for 40 years so they expect it to continue at least that long. Iadarola clarified the turbines are setback 1600 feet from participating property structures, and 2000 feet from non-participating properties. Barstad expressed his approval for the conditions being followed by Tradewind. Kalil asked Beebe about conditions that have not been met for the Lindahl project. Beebe said there are several items that need addressed regarding township roads. Cymbaluk summarized Kathleen Nesset s concerns related to the future growth of the city of Tioga. Iadarola said the transmission line will only require a single pole. Henderson said Tioga is not expected to grow to that area within the next 20 years according to the comprehensive plan. Sundhagen, a Tioga city commissioner, said their commission did not take a position on the matter. MOTION: Barstad moved to approve the request with Planning Staff and Highway Dept. SECOND: Pederson 4

5 LU A Variance from the requirement for a 1400 foot setback from existing structures at the request of Aurora Wind Project, LLC. The site is approximately 48,000 acres located across multiple sections and parcels within Big Meadow (159N 96W), Champion (157N 97W), Golden Valley (157N 96W), Hazel (159N R97W), New Home (158N 97W), and South Meadow (158N 96W) Townships. The properties are currently zoned Agricultural. Big Meadow, Champion, Golden Valley, Hazel, New Home, and South Meadow Townships. Iadarola clarified the variance is only for participating property owners, not non-participating. Glen Boyeff said the county has an ordinance for setbacks from structures. For clarification purposes, Boyeff said the variance is being requested for sheds, grain bins, Ag structures, but not homes. The participating landowners have already approved this setback reduction. Pederson raised concerns of proximity to the Larson s properties. MOTION: Barstad moved to approve the request with Planning Staff and Highway Dept. comments to apply only to distances from unoccupied structures. SECOND: Pederson Comments to apply only to distances from unoccupied structures. LU A Conditional Use Permit for a 345 Kilovolt High Voltage Transmission Line at the request of Aurora Wind Project, LLC. The site is approximately 48,000 acres located across multiple sections and parcels within Big Meadow (159N 96W), Champion (157N 97W), Golden Valley (157N 96W), Hazel (159N R97W), New Home (158N 97W), and South Meadow (158N 96W) Townships. The properties are currently zoned Agricultural. Big Meadow, Champion, Golden Valley, Hazel, New Home, and South Meadow Townships. Weyrauch asked if city of Tioga turned in a letter. Sundhagen said the city of Tioga did not take a position, therefore did not send a letter. Pederson asked if there is an issue with the Tioga airport. Iadarola said he met with the airport and they did not have comments as long as the FAA conditions were met. MOTION: Kalil moved to approve the request with Planning Staff and Highway Dept. SECOND: Barstad 5

6 LU A Variance for turbine blade clearance from the required 75 feet to 40 feet at the request of Aurora Wind Project, LLC. The site is approximately 48,000 acres located across multiple sections and parcels within Big Meadow (159N 96W), Champion (157N 97W), Golden Valley (157N 96W), Hazel (159N R97W), New Home (158N 97W), and South Meadow (158N 96W) Townships. The properties are currently zoned Agricultural. Big Meadow, Champion, Golden Valley, Hazel, New Home, and South Meadow Townships. Deb Halvorson asked how high the clearance is for the Lindahl project. Iadarola said Lindahl has 97 ground clearance. Barstad asked what is being gained from the setback reduction if the towers are staying the same. Iadarola said Tradewind is requesting the variance because turbine designs have changed to increase efficiency. Brandon Storm with Tradewind Energy said turbine rotors are getting larger to increase captured energy. Therefore, they have to reduce the ground clearance. Iadarola said the clearance is still greater than the sag height of standard transmission lines. Kalil asked what affect these larger turbines have on the fowl flyaway. Jenni Dean said they have done 2 years of impact studies. Dean said they have setback 2 miles from the outside of Big Meadow and other wetlands and waterways. Iadarola said turbine manufacturers will not allow for clearance to be any less than the current proposal of 40. MOTION: Pederson moved to approve the request with Planning Staff and Highway Dept. YES X X X X X X LU A proposed amendment to the Williams County Zoning Ordinance amending the regulation of pipelines in Williams County as proposed by Williams County Planning Division Staff. Henderson summarized the proposed amendment to remove pipelines from conditional uses. Henderson said staff s intent is to remove confusion from the ordinance. Kalil stated he s concerned with heavy handed companies threatening eminent domain when wanting to cross properties. Kalil said removing this section from pipelines would leave public more vulnerable since they would have nowhere to go. Barstad asked what decision the staff would like to see made. Henderson said the county doesn t deal with many pipelines as it is and they are regulated at the federal and state level. MOTION: Kalil moved to approve the amendment as presented. SECOND: Barstad 6

7 YES X X X X X X Motion carried; recommendation is to approve the amendment as presented. FURTHER DISCUSSION Iadarola asked for a point of clarification regarding the variance request for the setback reduction from structures. Mollie Smith asked for clarification of the addition to variance motion LU DISPOSITION OF MINUTES May 17, 2018 MOTION: Kalil moved to approve the minutes as presented. All ayes; motion carried. NEXT MEETING July 19, 2018 ADJOURN: 7:34 p.m. MOTION: Kalil 7

Priscilla Davenport, Saluda District

Priscilla Davenport, Saluda District AT A MEETING OF THE MIDDLESEX COUNTY PLANNING COMMISSION HELD ON THURSDAY, NOVEMBER 13, 2003, IN THE PUBLIC MEETING ROOM OF THE COOK S CORNER OFFICE COMPLEX, COOK S CORNER, VIRGINIA. Present: Absent: John