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The Morton County Planning & Zoning Commission

Agenda for June 25, 2015

Planning and Zoning meeting scheduled for June 25, 2015 at 5:30pm located in the Morton County

Commission room in the County Courthouse, 210 2nd Ave. NW, Mandan, ND.

Call to Order Roll Call Approval of Agenda Approval of Minutes from May 28, 2015 meeting

1. Public Hearing: Request for preliminary plat approval of a long form subdivision known as Thompson Acres for approximately 21.63 acres in the SE ¼ of Section 30, Township 138 N, Range 81 W, Morton County.

ISSUES MAY BE ADDED OR DELETED BY MEETING DAY

Planning and zoning final actions of the County Commission in the previous month (for information

purposes):

Name Action Type Location

Casey's Subdivision Approve Subdivision and Rezoning NE4 S28 T138 R84

Schaf Acres Approve Subdivision and Rezoning W2 S25 T140 R82

Highway 25 Commerce

Center

Deny 3:2 Subdivision and Rezoning SW4 S26 T140 R82

Floodplain Overlay District Approve Land Use Code

Amendment

Dam Inundation Zone Approve Land Use Code

Amendment

Please note: These are unofficial minutes and are subject to change. They will be approved and become official at the next regularly scheduled meeting. THE MORTON COUNTY PLANNING AND ZONING COMMISSION MINUTES Chairman Rohr called the Morton County Planning and Zoning Commission meeting to order at 5:30 P.M. May 28, 2015, in the Morton County Commission Room, 210 2nd Ave NW, Mandan, North Dakota. Other Commissioners present were Schafer, Zachmeier, Saxowsky, Schulz, Kilen, Vogel and Buckley. Also present were County Planner Daniel Nairn, County Engineer Mike Aubol and Deputy Auditor Eckroth. Absent was Commissioner Laber. Saxowsky moved and Kilen seconded to approve the agenda. All voting aye, motion carried. Schulz moved and Vogel seconded to approve the minutes of April 23, 2105. All voting aye, motion carried. Planner Nairn introduced Natalie Pierce the new County Planner. Chairman Rohr opened the Public Hearing – request for final plat approval of a short form subdivision known as Casey’s Subdivision and zoning map amendment from Agricultural (A) District to Residential (R) District for approximately 11 acres in the NE ¼ of Section 28 Township 138 North, Range 84 West. Schafer moved and Kilen seconded to recommend the County Commission approve the final plat of a short form subdivision known as Casey’s Subdivision and zoning map amendment from Agricultural (A) District to Residential (R) District for approximately 11 acres in the NE ¼ of Section 28 Township 138 North, Range 84 West. All voting aye, motion carried. Chairman Rohr opened the Public Hearing – request for a final plat approval of a short form subdivision known as Schaf Acres and zoning map amendment from Agricultural (A) District to Residential (A) District for approximately 1.5 acres in the W ½ of Section 25 Township 140 North Range 82West. Vogel moved and Buckley seconded recommend the County Commission approve the final plat of a short form subdivision known as Schaf Acres and zoning map amendment for Agricultural (A) District to Residential (A) District for approximately1. 5 acres in the W 1/2 of Section 25 Township 140 North Range 82 West with the following conditions:

1. A “utility easement” of 20’ through Auditor’s Lot A is recorded through a separate document to extend the existing water line into the Schaf Acres.

2. The “access easement” shown on the plat through Auditor’s Lot A is recorded with a separate instrument.

3. State’s Attorney to provide an opinion as to whether the subdivided lot may utilize the same access easement that was granted to Auditor’s Lot A.

Kilen, Buckley, Schulz, Rohr, Schafer, Vogel and Zachmeier voting aye, Saxowsky voting nay, motion carried.

Chairman Rohr opened the Public Hearing – request for final plat approval of a long form subdivision known as Highway 25 Commerce Center and a zoning map amendment from Agricultural (A) District to Light Industrial (IL) District for 28 lots on a total of approximately 102 acres, consisting of all of Lot B and Lot 1 of Lot B of the SW ¼ of Section 26, Township 140 N, Range 82 W. Saxowsky moved and Schafer seconded to recommend the County Commission to deny the final plat of a long form subdivision known as Highway 25 Commerce Center and a zoning map amendment from Agricultural (A) District to Light Industrial (IL) District for 28 lots on a total of approximately 102 acres, consisting of all of Lot B and Lot 1 of Lot B of the SW ¼ of Section 26, Township 140N, Range 82W, because of the threat to Harmon Lake, spot zoning and the extra traffic on Highway 25. Saxowsky, Schafer, and Rohr voting aye, Kilen, Buckley, Schulz, Vogel, and Zachmeier voting nay, motion failed. Schulz moved and Zachmeier seconded to recommend the County Commission to approve the final plat of a long form subdivision known as Highway 25 Commerce Center and a zoning map amendment from Agricultural (A) District to Light Industrial (IL) District for 28 lots on a total of approximately 102 acres consisting of all of Lot B and Lot 1 of Lot B of the SW ¼ of Section 26, Township 140 N, Range 82 West with the following condition: Lot lines are adjusted so each proposed detention area is included within one and only one lot, in order to clearly assign operations and maintenance responsibility to a single lot owner. Commissions Zachmeier stated the application complies with Morton County Comprehensive plan page 30, complies with Fringe Area Roadway Master Plan 2014, and fulfills the requirements in Section 10-080 of the Morton County Land Use Code, all provisions of Morton County Land Use Code Section 4-020, also; The application is also in compliance with Morton County Land Use Code Sections 2-100, 2-110, and 2-120. The application and proposed plat also complies with NDCC 11-33.2-12 and NDCC 11-28-05(7). Kilen, Buckley, Schulz, Zachmeier, and Vogel voting yes, Schafer, Saxowsky and Rohr voting nay, motion carried. 7:20pm Rohr excuses himself from the meeting, Vice Chairman Vogel takes over. Vice Chairman Vogel opened the Public Hearing – request for approval of amendments to Section 3-010 Floodplain Overlay District in Article 3 Overlay Districts of the Morton County Land Use to reference the 2015 Flood Insurance Rate Map. Buckley moved and Schulz seconded to recommend the County Commission to approve the amendments to Section 3-010 Floodplain Overlay District in Article 3 Overlay Districts of the Morton County Land Use reference the 2015 Flood Insurance Rate map. All voting aye, motion carried.

Vice Chairman Vogel opened the Public Hearing – request for approval of Section 3-050 Dam Inundation Zone Overlay District in Article 3 Overlay Districts of the Morton County Land Use Code for the purpose of restricting development within defined dam inundation zones of publically –owned dams in Morton County. Saxowsky moved and Kilen seconded to recommend the County Commission to approve Section 3-050 Dam Inundation Zone Overlay District in Article 3 Overlay Districts of the Morton County Land Use Code for the purpose of restricting development within the defined dam inundated zones of publically – owned dams in Morton County. All voting aye, motion carried. Discussion on Amendments to the Planning and Zoning Commission Bylaws, no motion made board will continue at the next Planning & Zoning Meeting on June 25, 2015. Vogel moved and Buckley seconded to adjourn the meeting at 8:10pm. All voting aye, motion carried. Dennis Rohr, Chairman____________________________________ Dawn R Rhone, Secretary ________________________________

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STAFF REPORT | M O R T O N C O U N T Y D E P A R T M E N T O F P L A N N I N G A N D Z O N I N G

ITEM 1 Thompson Acres

BACKGROUND AND OVERVIEW

The subject property is located 5 miles south of Mandan and 2 miles west of Hwy 6. The applicant owns a 159

acre parcel and is seeking approval to subdivide two lots (totaling 21.63 acres) from the larger parcel. The subdivision would include one 20 acre lot and one 1.63 acre lot. The applicant’s close friend intends to build a residence on the 20 acre lot and continue to help the

applicant with maintenance of the entire property.

The subdivision is more or less surrounded by a tree

shelter belt. The subdivision currently contains a single

family home (shown just to the right of the driveway in the photo) and 9 outbuildings.

This land is within the Agricultural (A) District. A rezoning to Residential (R) is required, due to the lots being less than 35 acres. This is the preliminary plat of a long-form subdivision. A final plat will be required

before the subdivision plat may be recorded.

Public Hearing: June 25, 2015 Planning and Zoning Commission Regular Meeting

Application Type: Long-Form Subdivision

Applicant: Connie Thompson

Citizen Outreach: letters sent (6/10/2015) Notice of Public Hearing advertised

Application Fee $600 (6/4/15)

Proposal: The applicant is seeking approval of a preliminary plat for a long-form subdivision and a

rezoning from Agricultural (A) to Residential (R). The subdivision will create one lot for an

existing home, and an additional lot so that the applicant’s close friend can build a home on

the property.

Recommendation from Staff:

Approve the preliminary plat for a long-form subdivision.

Location: Part of the SE ¼ of Section 30, Township 138 N, Range 81 W

Acreage: 23.15

# of Properties: 2

Existing Zoning: Agricultural (A)

Proposed Zoning: Residential (R)

FIGURE 1 FACING NORTH FROM CR 138A

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FINDINGS

Access

The Thompson Acres subdivision is adequately served by County Road 138A – a gravel road. There is an

existing approach, however, the approach is not currently permitted. The applicant will be applying for an approach permit in conjunction with the subdivision application. Staff has requested that the owner dedicate a 75 foot strip of land along the southern border of the subdivision to the County for right-of-way. The 20 acre parcel will have access to their property via an access easement that runs along the

western boundary of the 1.63 acre parcel.

Utilities

Missouri West has a blanket easement over the subject parcels and currently serves the existing residence.

Mor Gran Sou provides electric service to the existing residence. The applicant is in contact with both utility

companies to expand service for the new residence.

Floodplain and Stormwater Management

The north east boundary of the subdivision is near the Little Heart River. However, no portion of the

subdivision is within the FEMA 1% Chance floodplain. The applicant will be required to complete a stormwater management plan, after preliminary plat approval, which will be submitted to the County

Engineer for review.

RECOMMENDATION

Approve the preliminary plat for long-form subdivision and rezoning.

ATTACHMENTS

1. Zoning Map

2. Preliminary Subdivision Plat

CR 138

CR 138A

46th ST

44th ST

HW

Y 6

23

rd A

VE

HW

Y

6

24th

AV

EPRIVATE

22

nd A

VE

MANDAN AIRPORT

24

th A

VE

PRIVATE

17

29

20

28

19

18

30

21

16

07

25

24

13

08 09

333231

12

15

22

27

36

10

34

138-81138-82

Morton County Planning and Zoning Department

Created: 6/18/2015

MandanAlmont

Hebron

Flasher

New Salem

Glen Ullin±0 2,100 4,2001,050 Feet

Thompson Acres Subdivision

Proposed boundaries of site not exact.For planning purposes only.

Zoning

RecreationalResidential Multifamily

Agricultural

Residential Limited Commercial

Commercial

Industrial