WEBVTT METADATA Video-Count: 2 Video-1: youtube.com/watch?v=ce_15WoAW4c Video-2: youtube.com/watch?v=aNWJtDqEoQw Part: 1 1 00:00:00.000 --> 00:00:16.200 All right, Mr. Chair. Go ahead. --------- >> Thank you. Roll call has been taken. We have a quorum. Um hopefully everybody had a chance to peruse the agenda. Um they were mailed last Thursday. I got mine yesterday, so it was 2 00:00:16.200 --> 00:00:31.720 I'm grateful to have the emails. Um so I could go through things over the weekend. Does anybody have any additions or corrections or adjustments to the agenda? >> No. >> No. Will someone make a motion to approve 3 00:00:31.720 --> 00:00:46.840 the agenda as printed? >> Make a motion. >> Motion by Leo. Oh. Second by Dennis. All those in favor say I. >> I. >> Opposed. Motion is carried. Agenda is approved. Um same thing with the minutes from our 4 00:00:46.840 --> 00:01:07.240 September 16th meeting. Hopefully everyone's had a chance to look through. And I didn't see anything that needed adjusting. >> Make a motion to approve. >> Motion by Dennis to approve. >> I'll second. >> Second by Travis. All those in favor say 5 00:01:07.240 --> 00:01:23.920 I. >> I. >> Opposed. Motion is carried. The public hearings. Our public hearing one this evening is um Elevated Dispensaries request for variance. The applicant is seeking 6 00:01:23.920 --> 00:01:39.080 approval of a variance to reduce the adjacent residential setback for a proposed cannabis business at 11649 123rd Avenue South Sabin, Minnesota 56580 7 00:01:39.080 --> 00:02:00.840 on parcel 01.050.6011 on outlot P1 Townsite of Baker Section 1 Township 137 North Range 47 W Alliance Township. 8 00:02:00.840 --> 00:02:15.680 Look for a motion to open the public hearing. >> Make motion. >> Motion by Leo. Second by Tim. All those in favor of opening the public hearing, please say I. >> I. >> Opposed. 9 00:02:15.680 --> 00:02:32.160 Motion is carried. Public hearing is open. Matt. >> Thank you, Mr. Chair. Yes, this is a variance request to the residential setback for a cannabis business. Location is in Baker. Um 10 00:02:32.160 --> 00:02:47.520 kind of on the be the northwest side of Baker. The property information, so the zoning is agricultural service center. It's currently a classed as a residential/commercial commercial property used as a vacation rental. There is an administrative home 11 00:02:47.520 --> 00:03:05.320 occupation permit for an architectural design business showroom that was granted in 2018. So the applicant is essentially proposing to reuse the Baker grain elevator as a licensed cannabis business. The elevator's on a 12 00:03:05.320 --> 00:03:21.280 half-acre lot. It was constructed prior to current zoning regulations. It's approximately 250 ft from the nearest residence and about 450 ft from two additional homes. The applicant is stating that the project would preserve a locally significant structure, support economic 13 00:03:21.280 --> 00:03:36.480 activity in Baker, and meet state cannabis requirements for odor, lighting, and security. The variance before you this evening only applies to this 500-ft residential setback. The property does not meet any other commercial uh dimensional 14 00:03:36.480 --> 00:03:51.720 standards, so minimum lot size, side yard setback, road center line setback. So an additional dimensional setback variance or variances would be required prior to any conditional use permit consideration for a cannabis business. 15 00:03:51.720 --> 00:04:10.800 And so this is looking at the um proposed plan. Here's the elevator. This is provided by the applicant and nearest residents here just to the to the southeast. So the practical difficulty provided by the applicant, and I'll read this here, is the elevator's physical placement 16 00:04:10.800 --> 00:04:26.880 built before modern setbacks makes it impossible to comply with current 500-ft residential buffer. The structure has stood in its current location for nearly a century, long before today's zoning standards existed. Strict enforcement of the 500-ft setback would prevent any reasonable or economically viable use of 17 00:04:26.880 --> 00:04:42.680 this historic building, forcing it to remain idle or deteriorate. The requested 200-ft setback still maintains a meaningful buffer from neighboring residences, while allowing practicable or reasonable reuse of the prop- property. The property's narrow lot, historic configuration, and movable elevator 18 00:04:42.680 --> 00:04:59.640 structure are unique to physical are unique physical circumstances not shared by um other parcels. Just one thing to note about that um with the uniqueness, which is certainly um tr- true for this lot. Um when the 19 00:04:59.640 --> 00:05:14.440 uh planning commission and and county board um looked at amending our cannabis zoning ordinance to allow for this use in the agricultural service center district, one of the the the um I guess 20 00:05:14.440 --> 00:05:31.600 considerations was that only 8% of the properties in the egg service center could meet that 500-ft residential setback. So kind of from a uniqueness standpoint, as it stands, 90 approximately 92% of um properties in the egg service center 21 00:05:31.600 --> 00:05:49.560 zoning district would not be able to meet this setback. Uh policy considerations, so how this would relate to our comprehensive plan. We have a land use commercial industrial goal to encourage commercial industrial development that is harmony with the agricultural and rural character of Clay 22 00:05:49.560 --> 00:06:04.720 County so again just reusing this elevator would support the rural character objectives just for reusing an existing grain elevator proposed cannabis business is a contemporary commercial use 23 00:06:04.720 --> 00:06:19.400 compatibility with rural character would depend on a number of things such as a lighting order security um the limited separation again from nearby residence is relevant considering just for the overall harmony with the surrounding rural kind of residential 24 00:06:19.400 --> 00:06:37.200 setting we do have an objective to promote value added agricultural commercial and industrial development in agricultural service center areas and along transportation corridors and hubs so cannabis could be considered an egg product locating within the service center lines that 25 00:06:37.200 --> 00:06:54.360 objective would present represent an adaptive reuse of an agricultural structure it is at the same time it does have a small lot size proximity residential uses may limited its ability to function in the same manner as other larger scale 26 00:06:54.360 --> 00:07:09.800 agricultural commercial or value added uses then we have a objective to avoid or mitigate against commercial and industrial development that increases the potential for land use conflicts with rural residential or egg uses so this would be a 50% reduction in the 27 00:07:09.800 --> 00:07:26.360 setback 250 feet and that 500 foot setback may increase the potential for impacts on nearby homes unless mitigation measures such as odor lighting and security controls are implemented and effective the proximity to these residences and 28 00:07:26.360 --> 00:07:54.960 the limited opportunity for additional buffering just due to the lot size are relevant factors um under this objective any questions for me at all >> So, what exactly is a dispensary? Like, what happens there? >> So, um 29 00:07:54.960 --> 00:08:10.480 the the applicant has received preliminary approval for a um cannabis microbusiness. And so, that allows for um limited uh cultivation, um some product production, and then retail as well. 30 00:08:10.480 --> 00:08:43.719 Uh it does also allow for onsite consumption, although smoking and vaping are not not permitted. >> Anyone else have any questions for Matt? Would the applicant care to come up and speak to his to the project? Please state your 31 00:08:43.719 --> 00:09:14.520 name for the record. >> [clears throat] >> Hello. My name is Scott Doms. Good evening, and thank you for your time. >> [clears throat] >> My name is Scott Doms. I grew up in the Red River Valley, not far from here. And I've spent my entire life around 32 00:09:14.520 --> 00:09:31.640 small towns just like Baker. Eight years ago, I bought the Baker grain elevator. A lot of people thought I was crazy for doing it. Because the truth is, nobody saves these buildings anymore. Most end up collapsing, burning down, or being used for fire training practice. That's usually the end of the story. We've lost 33 00:09:31.640 --> 00:09:48.320 four in the last 3 months in the valley. But, I didn't see something that was finished. I saw something that still mattered. When you see Baker, you see the elevator. It's the identity of the town. It's the landmark that tells you where you are and what this place has always been. Agricultural, 34 00:09:48.320 --> 00:10:04.560 hardworking, rooted in history. So, I took it on. I stabilized it, cleaned it up, repaired everything I could and turned part of it into an Airbnb so people could actually experience it instead of just watching it decay. I've owned it for 8 years and poured my 35 00:10:04.560 --> 00:10:21.120 time, money, and energy into preserving it. But, maintaining a 100-year-old structure is expensive. Just to keep it standing, not improving it, just maintaining it, costs around $15,000 a year in utilities, heat, insurance, and basic upkeep. 36 00:10:21.120 --> 00:10:36.800 And there's no bank that will lend on a structure like this because there are no comparable. It's too much of a risk. For years, I tried to figure out a sustainable use for it. Events, storage, art space, tourism, and none of it came close to covering costs. 37 00:10:36.800 --> 00:10:52.640 There was simply no path forward. Then cannabis legalization came along. And for the first time, there was a realistic, responsible, and regulated way to support this building. Not to turn it into something different, but to continue what it's always been. 38 00:10:52.640 --> 00:11:09.040 Agriculture. This is agriculture 2.0. Growing, cultivating, using vertical space, exactly what an elevator was built for. The cultivation is what financially preserves the building. The retail component is small and 39 00:11:09.040 --> 00:11:25.320 controlled. And the lounge is quiet and adult. No smoking, no vaping, no haze, no late hours. Just a place where someone can relax, listen to music, play cribbage, have a conversation, and feel welcome. 40 00:11:25.320 --> 00:11:40.920 Everyone who enters will be 21 or older. But, the truth is, our real clientele are older adults, veterans, people looking for sleep support, stress relief, pain management, or simply a better quality of life. This is not a party crowd. These are 41 00:11:40.920 --> 00:11:58.080 people trying to feel better. And life is hard right now. People are stressed, stretched thin, and isolated. We need places that help us slow down again, places that bring back community instead of pushing it further away. This project is meant to feel like 42 00:11:58.080 --> 00:12:13.560 Baker, small, familiar, comfortable, personal. Historically, grain elevators were the social heart of towns. Farmers played cards, swapped stories, and caught up on their lives while grain was being weighed. We're bringing back that sense of place 43 00:12:13.560 --> 00:12:30.480 and belonging, not replacing it. The elevator's on the edge of town. You don't drive through town to get through it. Traffic is minimal. Most of the real revenue comes from cultivation, not retail. And the more locals who feel welcome to use that space, even for a cup of coffee 44 00:12:30.480 --> 00:12:45.960 or to sit and visit, the better maintained and safer the area becomes. That's how communities keep things nice, by using them and taking pride in them. When the county first created zoning for cannabis businesses, the rules were built around highway commercial 45 00:12:45.960 --> 00:13:02.400 districts. Big 1-acre lots with wide setbacks and modern spacing. But when cannabis was later allowed in agricultural service centers, a new issue appeared. ASC properties were built decades ago for efficiency and density. The elevator sits exactly where 46 00:13:02.400 --> 00:13:19.480 elevators were designed to sit, close to the tracks, close to the road, and close to the homes built around them. That's the historic fabric of Baker. All I'm asking for tonight is a variance that reflects the reality of this one historic property, so it can function with purpose instead 47 00:13:19.480 --> 00:13:35.760 of becoming another abandoned landmark. The practical difficulty is simple. The elevator was built nearly a ago, long before modern zoning existed, and it cannot be moved or reconfigured to meet the 500-ft setback. 48 00:13:35.760 --> 00:13:51.120 That limitation is structural, not self-created. The use is reasonable. The character of the area is preserved. And the request, 250 ft, is the minimum variance needed. Nearby jurisdictions, including 49 00:13:51.120 --> 00:14:08.400 Ottertail County and Detroit Lakes, have zero residential setback requirements for cannabis businesses. So, this request is actually more conservative than regional norms. Some people feel that the dispensary brings crime. But Morehead gives us a real comparison 50 00:14:08.400 --> 00:14:24.080 point. Since the tribal cannabis shop opened there this spring, crime has not gone up. In several categories, it's actually gone down. When these businesses are licensed, monitored, and run with pride, they don't create problems. They become part 51 00:14:24.080 --> 00:14:39.720 of the fabric of the community. And that's the kind of operator I am, and that's the kind of operation Baker will have. I know people have different opinions about cannabis, and I respect that. But tonight's decision is based solely on the variance standards in your 52 00:14:39.720 --> 00:14:56.760 ordinance, not on personal preference. And this project meets those standards. I also know that there's a petition circulating about the project. There's a lot of people in the room. I understand the concern. People don't want Baker to change. I don't either. That's the whole reason 53 00:14:56.760 --> 00:15:13.080 I spent 8 years preserving this structure when most people assumed it would eventually burn down. This isn't about selling weed. I don't want to be seen as some drug dealer guy. I want to be someone who provides something positive. A place that helps people. A place that 54 00:15:13.080 --> 00:15:29.520 slows life down a little. A place that brings community back together. This project is about preservation, responsibility, and compassion. It's about saving a landmark and giving it purpose again. And we have a chance to do something no one else has done. 55 00:15:29.520 --> 00:15:48.760 >> I need you to wrap it up. You're over your time limit. >> This project is about preservation, responsibility, and compassion. It's about saving a landmark and giving it purpose again. And we have a chance to do something no one else has done. 56 00:15:48.760 --> 00:16:03.680 Clay County could become the first county in the state, maybe in the country, to convert a grain elevator into something useful again. That makes all of us pioneers, Baker, Clay County, and everyone involved. With the federal low-dose THC ban to 57 00:16:03.680 --> 00:16:20.040 take effect next year, there'll be no place south of Moorhead in Clay County for adults to legally buy low-dose THC drinks. That means residents from town like Barnesville will have to drive to Moorhead, where they will also buy the groceries, gas, hardware, meals, and everything 58 00:16:20.040 --> 00:16:36.760 else. Barnesville Liquor Store made nearly $80,000 in a single year from low-dose THC products. That revenue will disappear and the extra purchases that come with it. If Baker provides a legal, local option, that spending stays in Clay County's 59 00:16:36.760 --> 00:16:53.040 small towns, not in Fargo-Moorhead. In closing, the variance is essential. Without it, I will maintain the elevator for as long as I can, but eventually the economics catch up and Baker loses a landmark. That's not a threat, that's just 60 00:16:53.040 --> 00:17:09.560 reality. We have a chance to do something meaningful, something that honors Baker's history and builds its future. Something that brings people together, helps people feel better, and gives a historic building a chance to keep standing for another century. I believe in this building. 61 00:17:09.560 --> 00:17:26.079 I believe in this project, and I believe in Baker and Clay County. Thank you for your time. Any questions? >> Does anybody on the board have questions to direct at Mr. Dumps or 62 00:17:26.720 --> 00:17:44.560 comments? >> So my understanding is that you plan on growing? >> Yes. So my license, micro cannabis license, so there's cultivation which is growing. I'm allowed to manufacture which is essentially taking that what they call flower or the plant 63 00:17:44.560 --> 00:18:01.280 and processing it into low dosage drinks or gummies or topicals, creams. There's a There's all kinds of stuff they can do and it's it's uh uh basically to kind of make people feel better. But there will be um 64 00:18:01.280 --> 00:18:16.560 there's a litany of stuff that we're able to offer. So but it's all highly regulated. Everything is um it's kind of it's really insane how it is because you you have a seed and this seed has a number and that number 65 00:18:16.560 --> 00:18:32.200 carries it through the whole system. So nothing Everything is documented. Everything is weighed. Everything is highly compliant. Um it's very secure. I'm required to have security operation plans. Um I'm only allowed to be open to 9:30 at 66 00:18:32.200 --> 00:18:48.560 night. Uh the the the timing is a little conser- more conservative on Sundays. Um but it's it's it's a pretty low impact business. Most of the business, the cultivation, um and the processing will be done by 67 00:18:48.560 --> 00:19:04.640 like three to four people. Um and the the traffic would be retail if if any. I mean I anticipate there will be. My business plan says so, but it's um it's not like it's it's not like the Morehead store where the people are 68 00:19:04.640 --> 00:19:19.520 rolling in, there's lines and everything. It's just too far away. Um people younger ages, if they want to go get their product, they're going to go to the the four other dispensaries that will be in Moorhead along Highway 10 69 00:19:19.520 --> 00:19:37.440 and Highway 75. There's just nothing that will be close to Barnesville. So. Does that help? >> Yeah. Yeah, just kind of curious. You're talking about dispensary in >> Yeah, it's an interesting business. I mean, I've never This is a new avenue 70 00:19:37.440 --> 00:19:53.720 for me, but it's um the the income it can bring is really um good. And it makes sense. It's the only thing I've ever found that's made sense to to take on the elevator. I've I've I'm constantly in debt with that 71 00:19:53.720 --> 00:20:09.040 elevator and I need a new solution. So, and it I don't know. If it it fits everything that the Clay County plan has. And it's still agriculture. It's the same stuff. It's the 72 00:20:09.040 --> 00:20:29.480 It's always built for agriculture. >> Okay. Anyone else have >> you'll have? >> Excuse me? >> Security. >> So, I will have an onsite security 24/7. So, um but then I have a I have extensive um I mean, every 73 00:20:29.480 --> 00:20:45.440 So, I mean, standard standard security stuff. Cameras, um everything on the doors and windows and everything. Um the thing with a grain elevator is the So, what cannabis is is it's illegal on 74 00:20:45.440 --> 00:21:01.240 a federal level. It's legal on the state level. So, what it is it ends up being like a cash business. So, because you can't use any federal banks associated with it. Um and that's where the security comes in because you do have a high amount of cash that that is going 75 00:21:01.240 --> 00:21:17.920 to be there. But with that, everything is regulated. Everything goes into a safe. Everything um I can't even access the safe. The truck has to come pick the the money up and take it to my bank, which is down in Mankato. Um and 76 00:21:17.920 --> 00:21:33.800 so the amount of benefit anyone would get to break in there um if they knew where they were going, I mean this um it would be the minimum. A couple thousand dollars. 77 00:21:36.920 --> 00:21:53.240 Yeah, so you have an onsite security guy. So you have an an armed security guard. And and uh you typically will have a a couple not at the same time, but just so they can rotate shifts and and uh so there is a presence there. Um and um historically 78 00:21:53.240 --> 00:22:08.120 um [snorts] I'm an architect as well, so it's just like we we talk about security on sites and the best way to make a place secure is to use it and keep it occupied and and um make it well-lit up. I mean it's it'll have the 79 00:22:08.120 --> 00:22:27.840 proper lighting and everything. Nothing that screws up the neighbors or anything like that. I'm very conscious of that. Um but it it will be very secure. So. >> What about sewer and water? >> So I do have a well. I I have a well onsite. Um 80 00:22:27.840 --> 00:22:44.600 we have to have so in in the process of this and switch if we switch it over to this, um we have to do some update or or some um I'll have to have some tanks. I've already had a um a designer look at designing me so we'll have storage tanks for our septic. 81 00:22:44.600 --> 00:22:59.960 And then we also have to have for the cultivation side, it the cultivation is done hydroponically. So um but all that uh water is required to go into a tank and then be shipped to a treatment facility. So we don't dump it in don't dump it on the fields, we don't 82 00:22:59.960 --> 00:23:15.680 dump it in the ditch. Um it's all our waste just has to be every little part of this process the the state has just like picked apart and made sure that it's very heavy in compliance. So if there's no there's no wild west 83 00:23:15.680 --> 00:23:34.840 about this thing at all. >> Did you read into it Tim? There's two holding tanks. >> Okay. >> For the for the business that's all there is. There is not adequate space for a drain field so they're always going to be pumping out. >> Oh. >> Okay. According to 84 00:23:34.840 --> 00:23:50.520 what you wrote on there. >> Yeah, so my my design um So when you when you call to two two parts of that. Um the septic is a 1300 gallon tank at um we would have 85 00:23:50.520 --> 00:24:06.720 approximately two 1300 gallon tanks that would be septic. Um and Bliley's would come pump that probably every three to six months depending on the usage there. The the water's a little bit different because what we do is when we first get 86 00:24:06.720 --> 00:24:22.880 started we have to get that cultivation going and then through the years you would start getting that those crops stable staggered so that you can this can be our flowering and this can be growing and then this can be harvested so you just have this cycle 87 00:24:22.880 --> 00:24:37.320 going. Um And that's when when you change the water in those systems those would go in there. So I don't have an answer on how often those would be pumped but I don't anticipate them being pumped 88 00:24:37.320 --> 00:25:00.000 that often. I mean I would have another 26 to 32 4000 gallons of pumpable space or storage so. >> Okay. Thank you. Matt have any questions for 89 00:25:00.000 --> 00:25:20.680 >> I do not, Mr. Chair. >> Thank you. Is there We have a list to start with. Rita. Um and just to inform everyone that you will be limited to 3 minutes. >> Before [clears throat] we start, does anybody have their registration to speak 90 00:25:20.680 --> 00:25:38.440 forms? If you've got one that you want to turn in, please get it to me now. Thank you. Ray Bernard. >> And then please come to the mic and and state your name for the record and >> [clears throat] >> My name is Ray Bernard. Last name B E R 91 00:25:38.440 --> 00:25:55.160 N A R D. Um I live about a quarter mile from outside of Baker. Um I'm concerned about about drugs being in the area because anytime you have drugs around, in my experience, you have crime. You have break-ins. You have 92 00:25:55.160 --> 00:26:11.640 people from out of the area that aren't familiar with with the area. Um I had a repair business in Moorhead for 20 years and we had rental properties and every time we had trouble with any of them, it was basically you could figure it was drugs 93 00:26:11.640 --> 00:26:29.960 causing it. Break-ins, vehicle theft. Um houses rental property getting destroyed inside. Um and I just don't want that this kind of people coming out to our quiet community. Um 94 00:26:35.160 --> 00:26:51.680 To me it's you know, I I'm I lived in Fargo for 4 years and I got back out of town just because of what was going on. You know, you had to have security cameras outside your place to see who's going through the vehicles at night and stuff like that and you know, we have it pretty good where we're at right now living by Baker and it's 95 00:26:51.680 --> 00:27:07.360 quiet and you know, I don't want to see that change. So, that's that's why I'm here tonight and I think everybody's here tonight because nobody knew about the when when the county approved approved for the cannabis growing operation, none 96 00:27:07.360 --> 00:27:48.840 of us were made aware that that there was a hearing for it. So, that's why we're here tonight. So. That's all I want to say. Just >> Thank you. >> We don't we don't want that in our area. >> Jake Auffield. >> Hello, my name is Jake Auffield. 97 00:27:48.840 --> 00:28:07.720 I reside in 12248 119th Street South, Baker, Minnesota. It is on the east side of town. For those of you that don't know me, my name is Jake Auffield. I live in Baker, Minnesota for almost 24 years. I just recently purchased my first home in 98 00:28:07.720 --> 00:28:24.400 Baker on August 29th of this year. Baker is the only place I want to live and it has provided me and many of its residents with the perfect atmosphere. Quiet and rural, yet close enough to town for easy access to amenities. I read an article about Dom's plan to 99 00:28:24.400 --> 00:28:40.800 make Baker, in quotations, better. In my opinion, Baker is perfect as it is and the residents of Baker would agree with me. Bringing a business such as a dispensary would only be a detriment to the community. It would increase the traffic and 100 00:28:40.800 --> 00:28:59.120 attention brought to the town, which would ultimately lead to more crime and things of that matter. Which is the exact opposite reason why people like to live in Baker. Many people ask me where I'm from. And I 101 00:28:59.120 --> 00:29:15.840 tell them, Baker, Minnesota. And if they don't know where that is, I follow follow it up with two questions. If you know where Barnesville's at, and if they say yes, I ask them where Savings at. They say yes, almost all the time they say that they 102 00:29:15.840 --> 00:29:33.360 still don't know where Baker is. Just happens to be smack dab in the middle and you miss it. So, that being said, I would like Baker to stay the way it is and unrecognized by the general population. Thank you. 103 00:29:35.760 --> 00:30:29.680 >> One moment, please. We're having some online difficulties right now, so we're trying to get those worked out. Christie Donovan >> Hi, my name is Christie Donovan. It's d o n o v a n. And I live right in Baker. Address is 104 00:30:29.680 --> 00:30:47.240 12219 119th Street South. Um just so you know that the first time that we ever heard about this dispensary is when it was on the radio the next day. We had no clue about it. I was told that when Mr. Dunn went to that first meeting, he said he had I went out and 105 00:30:47.240 --> 00:31:02.440 talked to a bunch of these Baker residents and we were all okay with it. Well, no. Nobody was okay with it except for I think one person and his other neighbor that is uh too close to that dispensary. They are here tonight. Didn't give him an 106 00:31:02.440 --> 00:31:18.200 approval for it. Um So, when he said that he went around talked to all these residents, that was just a bold flat fat out lie. Um This proposed location is near a new daycare and our softball fields. 107 00:31:18.200 --> 00:31:32.600 Our town is a family-friendly environment. During the late spring to summer months, we have tee ball and softball practices every week. They also do games here a couple times a month. And when those games are being played in Baker, the whole family usually comes with. Nobody worries about their kids if they 108 00:31:32.600 --> 00:31:49.440 want to go and walk through town. The introduction of a commercial cannabis establishment could potentially alter the atmosphere of our neighborhood and it raises concerns for all of us. We don't want the loitering, the extra noise, and more litter than what is already there. 109 00:31:49.440 --> 00:32:06.080 Introducing a cannabis dispensary could conflict with the established character and an intended use of this zone, potentially impacting surrounding property values and the quality of life for our nearby residents. While I do trust law enforcement, the presence of a business dealing 110 00:32:06.080 --> 00:32:21.040 exclusively in a high-value cash-intensive product can introduce new security challenges. We are concerned about the increased traffic and the demands this could place on our local police and emergency service resources, which are already 111 00:32:21.040 --> 00:32:37.240 budgeted for our community size and needs. I have a 13-year-old daughter that likes to walk all the way around this area. It's a 2 miles from our place all the way around, which will go right by that elevator. She is now going to be too scared, as she has stated to me, "I'm not going to walk around town 112 00:32:37.240 --> 00:32:52.400 anymore, Mom. That's that's sad that she has to be that way, you know, just because she's scared. And she shouldn't be have to be scared. I believe that the well-being and future character of Baker should be the guiding principle in your decision-making process. 113 00:32:52.400 --> 00:33:19.440 And the potential risks and impacts associated with a dispensary outweigh any potential benefits for a town of our size. Thank you for your time. >> Rick Donovan >> My name is Rick Donovan. I live in Baker. It's going to be tough to follow that 114 00:33:19.440 --> 00:33:37.320 one. One of the things that I wanted to bring up was uh these meetings we want uh we want to hear from the community, but some of these meetings I think maybe could be held a little later. Uh 5:30 I think we would have a lot more 115 00:33:37.320 --> 00:33:53.960 support here tonight if if the meetings could have been a little bit later, maybe 6:30 or 7:00. Um >> [clears throat] >> People move to a small community in a small town out in the country to get away from stuff like this. I think everybody in the support we have 116 00:33:53.960 --> 00:34:10.440 here tonight uh strongly opposes this from entering our community. Uh we have personally talked to close to 90% if not more of people right in Baker. Uh and only have run into one person 117 00:34:10.440 --> 00:34:26.720 that really didn't have a say either way. Um we've talked to people in the immediate surrounding area and only ran into one person that didn't really have a say either way in this. Everybody else is opposed to 118 00:34:26.720 --> 00:34:42.760 this. Um Scott told council members that he talked to most of the people in the Baker area and everybody was okay with it. As my wife stated, that's that was a lie. That brings the question, if he's going to lie about that, 119 00:34:42.760 --> 00:34:58.480 what else are we lying to lying about to to council members if he's going to lie like that? Um Once you push this kind [snorts] of stuff into the rural community, where do people go next? Where we come out to the rural community to 120 00:34:58.480 --> 00:35:18.680 get away from this kind of stuff. Now you're going to bring it into the rural community. Where are we supposed to go from there? Um And that's about all I've got to say. Thank you for your time. Appreciate it. >> Shane Thompson 121 00:35:20.720 --> 00:35:35.640 >> Hi there. Shane Thompson. Uh I do not live in Baker anymore. My parents still do. We homesteaded there in 1887. So my great-great-grandpa, my great-grandpa, and my grandpa have been coming up in my dreams since 122 00:35:35.640 --> 00:35:52.800 this started saying, "Absolutely not. We take care of our locals." And that's the families that have already talked. And nobody ever talked to me. Uh you can see from the picture on your screen there that there's a big hole in the roof where the pigeons are in and 123 00:35:52.800 --> 00:36:08.160 out of it all the time. The white building to the left-hand side of the elevator was a Thompson. We all started the same time there. And I had two of my sons. Unfortunately, I had them grow up in Moorhead. 124 00:36:08.160 --> 00:36:22.760 And my oldest was actually selling cannabis to the teachers when he graduated. So and their life has been completely upside down. If you can guarantee me 300% that it's not going to end up in the wrong hands, 125 00:36:22.760 --> 00:36:39.720 I might be a little more in favor of it. Out there, we don't have a local police department. Baker doesn't have anything except us neighbors taking care of other neighbors and calling each other when we see things that are going on. So, we keep an eye on the neighbors and stuff 126 00:36:39.720 --> 00:36:54.760 like that and uh the building is Yeah, it's been leaning for years, too. So, it's just a matter of time before it tips over. Uh I started delivering product there in uh single axle uh 127 00:36:54.760 --> 00:37:12.200 trucks when I was 15 years old. So, I've been there a long time, too. So, um uh the medical side of it does have some benefits to certain people, but we don't have security down there to keep an eye 128 00:37:12.200 --> 00:37:28.040 on things. My warehouse is just a few miles not even a mile away from there, too. We used to have The Thompsons had five of the six warehouses in Baker for potatoes back in the day, so um and I'm just worried about the crime and the 129 00:37:28.040 --> 00:37:43.200 extra security I'm going to have to put on my stuff and keep a closer eye on the neighbors, too. So, and if it gets in the wrong hands, it really ruins kids' lives when they're really young. So, it can really mess stuff up, so that's about all I have to say, so just 130 00:37:43.200 --> 00:38:06.760 take care of the locals and take care of the best and try to forget the rest, so that's what we'll do, so. Thank you. Thank >> Gerald Buttenhoff. >> I am Gerald Buttenhoff, b u t e n h o f f. I'm Alliance Township Supervisor. 131 00:38:06.760 --> 00:38:23.360 Um Mr. Doms came to one of our meetings several months ago and um we were informed by him that he'd talked to most of the residents in Baker. Uh which I was pointed out to rather bluntly the last 132 00:38:23.360 --> 00:38:40.080 couple meetings that you hadn't. And I don't blame them. The residents are not for it. Uh and I don't believe we as a township are either. I think there's better places to go. We had a meeting last night again. We had uh approximately 30 133 00:38:40.080 --> 00:38:57.000 citizens of Baker there. Close residents and and we had nobody that was in favor of it. And I guess that's where we stand now. I I think there's better places for it. It's a I don't know where we go with 134 00:38:57.000 --> 00:39:20.560 parking. Uh it's all unpaved roads. We have snow removal problems in the winter. I just think there's better options for something like this with people coming in. Thank you. >> Tim Thompson >> Thanks. 135 00:39:21.040 --> 00:39:49.880 >> Randy Afield >> Good evening. Uh thank you for listening to me here. Randy Afield, 11779 Baker, Minnesota. I've been there 50-plus years. I really don't want to date myself any narrower than that. 136 00:39:49.880 --> 00:40:07.760 Um but I am in opposition to this. Baker's Mayberry for me. It's home. It's quiet. It's peaceful. We want to keep it that way. Um not necessarily opposed to the growing part of it, but as far as the retail and the consumption 137 00:40:07.760 --> 00:40:23.320 heartburn city, not not not for Baker. Um and as far as the the town of Baker goes, the the road going in there, uh township gravel road, the infrastructure is not there 138 00:40:23.320 --> 00:40:38.880 to to support extra traffic. Uh the the the road is very subject to blowing in from the north snow. Um poor location. It's a horrible [snorts] location for anything retail. Um 139 00:40:38.880 --> 00:40:54.360 so and I I I think that cannabis is in the very infancy stages here. Uh and for for the county or the commission here to uh to bend bend the rules and the regulations uh 140 00:40:54.360 --> 00:41:10.400 varying the setbacks is very premature. Uh there's plenty of opportunity for people to utilize sites that fit into the fit into the zoning categories. Uh Baker also has very little 141 00:41:10.400 --> 00:41:26.720 to no law enforcement presence. Um which is also problematic if you're going to bring a bunch of strangers into the into the community. Um both both for the traffic and the resident safety. And I really think that uh 142 00:41:26.720 --> 00:41:42.480 Jerry's uh word should be taken very much to heart. A grassroots township that's where it should start. Um so and I would I would also ask uh if if the uh if you guys to to research if the 143 00:41:42.480 --> 00:41:58.600 applicant uh exhibited positivity to the Otter Tail County board when they took and heard his proposal. So that's all I got for you. Thank you for your time. I respectfully request that you deny this variance. 144 00:41:58.600 --> 00:42:35.800 Thank you. >> Brittany Oakley >> Hi, my name is Britney Akre, a a k r e, and we live right outside of Baker um on 110th Street. And we moved out there in 2017 um just to my husband grew up in a rural 145 00:42:35.800 --> 00:42:51.000 community and he wanted to get away from the city life. And so we moved out there and we have four children and I coach the T-ball team in the summer and my husband coaches the middle league. So for many weeks of the summer we have probably between 146 00:42:51.000 --> 00:43:06.760 20 and 30 kids out there on Tuesday nights practicing and then um depending on if we're home or away on Wednesdays playing games and there's also senior league that plays, too. And I just love that when we go to Baker, we just know it's a safe place to go and the kids can run around and it 147 00:43:06.760 --> 00:43:22.080 doesn't just affect Baker because um people I have a friend that drives from Rossie to play T-ball on our team and some people drive from Barnesville to get to an even smaller team um in a smaller community they play in. So to me it's just really important that it stay 148 00:43:22.080 --> 00:43:39.320 small town and I think I love historic landmarks and I love antiques, but I think what it comes down to is people, that people are important and what a community wants is important and that should be the most important thing taken into consideration is that if the community doesn't want it and they don't 149 00:43:39.320 --> 00:43:53.920 feel like it's right for the community and why they moved out there then it shouldn't be done and that just you consider the people in this and their heart that live in that area. Um and I just to living out on a two-way highway, it's not it's not Highway 10, 150 00:43:53.920 --> 00:44:10.640 it's Highway 52. There's only two lanes and um I just I like that it's not super once you get past Sabin there's not a lot of traffic and I just think that would really increase the traffic. It's also located right on a railroad track and 151 00:44:10.640 --> 00:44:27.320 even when I'm going to T-ball in the summer, I have to be very aware and look both ways because there's a building blocking it getting out of Baker. And so you have to be very careful with that kind of stuff cuz it's kind of a dangerous intersection. So, thank you. 152 00:44:31.760 --> 00:45:01.251 >> Chastity Olson >> Hi, Chastity Olson, O L S O N. I live at 12254 118th Street South. I'm sorry, I might get a little emotional. I have a 4-year-old son and a 1-year-old daughter. 153 00:45:01.251 --> 00:45:18.840 >> [snorts] >> And the first time that I heard about this was a letter in the mail. >> [snorts] >> My son plays going up and down the driveway. And I fear, I think 154 00:45:18.840 --> 00:45:36.880 what kind of traffic this will bring. >> [snorts] >> Or what kind of crowds, how busy will it be? Do [snorts] I have to worry about my kids playing in the front yard? I just 155 00:45:36.880 --> 00:45:53.240 I chose Baker because I lived in Dilworth. I moved [snorts] to Barnesville. And we we wanted even smaller town. We wanted smaller to where we could raise our son. >> [snorts] >> And 156 00:45:53.240 --> 00:46:14.360 I drove by Baker every day for 4 years not knowing that we would buy a home in Baker. >> [snorts] >> And I guess just listening to uh Mr. Dom's plans with security, 157 00:46:14.360 --> 00:46:33.607 it doesn't sound very thought out. >> [snorts] >> With there wouldn't be much He thinks there won't be much crime behind a cannabis business. There'd be a couple thousand dollars to steal. 158 00:46:33.607 --> 00:46:51.400 >> [snorts] >> But if your first response is I'm going to have cameras for security, but you're going to have security 24/7, who's watching those cameras 24/7? Who's is the security officer on site 24/7? Is 159 00:46:51.480 --> 00:47:05.680 uh Barnesville when they mentioned the THC sales are no longer going to be there. Does that increase even more traffic or more popularity? Um 160 00:47:05.680 --> 00:47:24.440 I guess I fear the unknown, not knowing what this brings, what kind of crowd it brings. And uh I guess I chose Baker because of the small town. I don't think the elevator defines the town, I think the people do. 161 00:47:24.440 --> 00:47:44.760 Um the homes That's That's all. I just request that you deny the the dispensary. And I mean, I respect the You know, I understand if the Airbnb 162 00:47:44.760 --> 00:48:01.480 didn't work out or we're trying to find cost to, you know, [snorts] keep it. I I understand, but um I guess I have to think of my family and the other growing families in the uh township in the area. 163 00:48:01.480 --> 00:48:20.640 It's just too close to homes. It's comparing it to the dispensary in Morehead isn't sufficient because that's in the middle of Morehead. This is the middle of a neighborhood. It's just not It's not ideal. 164 00:48:20.640 --> 00:49:03.040 Thank you. >> Hey, is there anybody else in the audience or online that wishes to speak for or against? Is there anyone in the audience or online that wishes to speak for or against? Um 165 00:49:35.160 --> 00:50:11.680 >> What's the population of the town? >> Yeah, 55. >> We have close to >> We will need people to go to the microphone if they're speaking, please. >> We do have more signatures than what you have there. I believe Daryl's got one more page in his vehicle that he forgot to bring up, 166 00:50:11.680 --> 00:50:26.680 so. >> Okay, well, we will we have over 30 signatures here in a population of possibly 50 all opposing. Um so, I'm going to continue with for the third and final time. Is there anyone else in the 167 00:50:26.680 --> 00:50:41.960 audience or online that wishes to speak for or against? Hearing none, look for a motion to close the public hearing. >> I'll make a motion to close. >> Motion by Travis. >> Second. >> Second by Dennis. All those in favor say I. >> I. >> I. 168 00:50:41.960 --> 00:51:07.480 >> Opposed. Motion is carried. Public hearing is closed. So, now we will begin the findings of fact. >> And [clears throat] Mr. Chair, just a reminder to you and the board as I do with every um 169 00:51:07.480 --> 00:51:22.560 meeting that the there are findings that have been drafted based on the the information that we've received um prior to the hearing, um our ordinance and the comprehensive plan. I think it'd be important to to consider the testimony as well, and essential to consider the testimony that 170 00:51:22.560 --> 00:51:41.200 you heard tonight in your in your findings as well. And then again, you can modify These are your findings, modify them, change them any way you see fit, and I'm happy to answer any questions. >> Thank you. Is granting the variance in harmony with 171 00:51:41.200 --> 00:51:58.400 the general purposes and intent of the Clay County Land Development Code? The 500-ft residential setback for cannabis business is intended is intended to provide a protective buffer for nearby homes by reducing odor, 172 00:51:58.400 --> 00:52:16.440 lighting, traffic, and security impacts. Reducing the setback to approximately 250 ft would lessen the buffer and has the potential to create impacts on neighboring properties. 173 00:52:16.440 --> 00:52:33.680 And reuse of the elevator structure is consistent with ordinance goals supporting adaptive reuse, economic reinvestment, and maintaining the historic development pattern of the agricultural service center. 174 00:52:35.120 --> 00:52:56.040 >> Say no. Okay, we have a Leo disagreeing saying no. Okay. >> No. >> Okay. >> So, um with that no, Mr. Chair, are you what would you like your findings to to 175 00:52:56.040 --> 00:53:12.480 read here? Are you keeping everything or are you striking that last paragraph um and having the first paragraph be your main finding? Is that kind of what I'm hearing? >> And I think, Mr. Chair, just to point 176 00:53:12.480 --> 00:53:29.040 out, I guess I'll just make the point that Matt's pointing out, too. He's giving you He gave you different things in there as just potential advice. You should make some findings so that they are written findings that can be on 177 00:53:29.040 --> 00:53:44.200 the the document. Though, the two that are there are two differing ones. That he gave you two different options that you could look to, but you would want to use one or the other based on what you're saying there. >> Thank you. And it is my understanding 178 00:53:44.200 --> 00:54:01.400 that the board has said that no, the granting this variance is not in harmony with the general purposes and intent of the Clay County and that the reducing 179 00:54:01.400 --> 00:54:20.640 the 500-ft buffer by 50% has potential to create negative impacts. >> Kind of hard kind of hard what they have in the two things that are rolled out here because and the the bottom one, the reuse of the elevator structure is consistent in ordinance goals and I think everybody would like to see it 180 00:54:20.640 --> 00:54:38.840 developed and turned into, you know, something more, but maybe just not this. >> Now, most of these rules are just we just went through the the county this updated up the county code and uh my understanding the 500-ft was to 181 00:54:38.840 --> 00:54:56.200 really ensure that there was no no impacts with uh with the neighbors and to turn around and cut it by 50% immediately within 12 months of signing up those rules seems kind of odd. >> Oops. 182 00:54:56.200 --> 00:55:14.360 >> Okay. >> Let's >> Yeah, and I just to give a little uh background on on this 500-ft residential setback. So, you know, it's not in state statute. Stat- state statute does explicitly um 183 00:55:14.360 --> 00:55:30.400 provide specific setbacks to different types of uses such as schools, daycares, residential treatment facilities, um features within a park that would be used regularly by minors or children. Um 184 00:55:30.400 --> 00:55:46.120 The reason why Clay County, the board chose to adopt a 500-ft residential setback in this instance is because a lot of our other uses in Clay County that have potential to have impacts off the property, they have setbacks as 185 00:55:46.120 --> 00:56:00.400 well to residences. And so it's just being consistent with our ordinance and with our comprehensive plan is one of the reasons why that setback was introduced. >> That >> [clears throat] >> that setback is 186 00:56:00.400 --> 00:56:16.800 in partially to that 8%. >> Yeah, there I mean when I did a just an analysis of it um an 8% would could meet that setback, but they would be virtually all um greenfield development. So 187 00:56:16.800 --> 00:56:34.560 yep. Um I should also remind the board that if you find a negative finding for one of these um the variance is denied. All of the criteria must be met. I still recommend going through all of the 188 00:56:34.560 --> 00:56:52.080 findings of fact if this is what you intend to do. >> I feel that is the appropriate and way to move forward to go through all all of them. That is my intent. Okay. 189 00:56:52.080 --> 00:57:09.520 Is the requested variance consistent with the Clay County Comprehensive Land Use Plan? >> [clears throat] >> The comprehensive plan encourages revitalization of the ASC communities including the reuse of structures such as grain elevators 190 00:57:09.520 --> 00:57:24.280 and the plan also emphasizes compatibility between land uses and protection of residential character. The request supports some plan goals while conflicting with residential 191 00:57:24.280 --> 00:57:55.720 buffering objectives. >> I guess I would side with number two, the second option. >> Okay. The plan also emphasizes compatibility between land uses and protection of residential character. The plan supports 192 00:57:55.720 --> 00:58:15.480 some plan goals while conflicting buffering objectives. Um >> Yeah, which which would mean basically a no. >> Yes, I would agree that Does the applicant establish that there are practical difficulties in complying 193 00:58:15.480 --> 00:58:30.480 with the strict letter of the Clay Development Land Code by demonstrating the applicant proposes to use the property in a reasonable manner not permitted by an official control. Uh the proposed business cannot meet the 194 00:58:30.480 --> 00:58:45.560 500-ft setback required by the ordinance preventing establishment of the use without a variance. The property is currently being used as a vacation rental and has an administrative home occupancy permit for an agricultural 195 00:58:45.560 --> 00:59:04.720 architectural design firm and showroom. Exceptional or extraordinary circumstances apply to the property that do not apply generally to other properties in the same district or vicinity and which result from lot size, 196 00:59:04.720 --> 00:59:21.400 shape, topography, or other circumstances over which the landowner has no control. And uh history here, the grain elevator was constructed prior to zoning regulations. However, its placement on a small lot not meeting 197 00:59:21.400 --> 00:59:38.520 the required setbacks is not unique to other properties in the same district and vicinity. Only [clears throat] 8% of the lots in the ASC district could meet the setback and virtually all those do not have structures. The structure 198 00:59:38.520 --> 00:59:56.720 cannot reasonably be be relocated to meet the setback. Granting the variance will not alter the essential character of the properties locality. Baker historically includes a mix of homes and small commercial or 199 00:59:56.720 --> 01:00:13.360 agricultural service in close proximity. Reuse of the elevator aligns with that historic character. A cannabis business, however, would introduce impacts from dif- different from previous agricultural 200 01:00:13.360 --> 01:00:30.320 uses depending on odor control, lighting, and security measures. Practical difficulties, as used in connection with the granting of a variance, mean that the property owner proposes to use the property in a reasonable manner not permitted by 201 01:00:30.320 --> 01:00:45.880 official control. The plight of the landowner is due to circumstances unique to the property not created by the landowner. And the variance, if granted, will not alter the essential character of the locality. Economic considerations 202 01:00:45.880 --> 01:01:01.560 alone do not cons- constitute practical difficulties. Variance shall be granted for earth cons- earth sheltered construction as defined in section 216C.06 subdivision 14 when in harmony with the 203 01:01:01.560 --> 01:01:18.640 official controls. Um And I guess we can go through To me, we should go through the each paragraph separately. Um >> Do you Do you want a yes or no on each of them? >> I mean and Yeah, that we should point out the you 204 01:01:18.640 --> 01:01:35.440 know, cuz we're on the say on the first one. Um the applicant you know, re- the cannabis business cannot meet the 500. >> Yeah. >> Um so I'm going to, you know, I've got I see heads going no on 205 01:01:35.440 --> 01:01:51.360 A. >> And Mr. Chair, is that kind of what you want to I think that the find the finding that's drafted here is yes, it can't meet the setback. There are other reasonable uses of the property that would be permitted by official official control. Is that kind of what I'm 206 01:01:51.360 --> 01:02:17.480 >> Yes. Um uh >> So we're no on number one and number two and now we're on number three. >> Correct. And >> I guess I would say yes to number three. Yes, sir. I don't think that was a there's practical difficulty there. 207 01:02:17.480 --> 01:02:35.800 >> See and and I and I would disagree on part >> C that there is a definite >> um that it it would have and would would would definitely alter >> You can remove the bottom one, correct? 208 01:02:35.800 --> 01:02:52.680 Bottom paragraph? For C? >> Mhm. >> For for C. I could um although just to summarize some of the um public testimony that you heard tonight, I feel like when I'm looking back at my notes, 209 01:02:52.680 --> 01:03:09.000 a lot of it did um refer to the uh essential character of the community of Baker. So that could be a something to draw on in in your findings. >> Yes, the the the the the you know, the sentence in C granting the variance will in 210 01:03:09.000 --> 01:03:29.760 the opinion of the supermajority of the residents will alter the essential character. >> I see. Is that what what you would like me to kind of put for that finding? >> Um reword that, please. 211 01:03:29.840 --> 01:03:44.840 >> Um the >> No, I what I was saying was giving my interpretation of what the public testimony was at I had that I'm going to say a definite no on C and I'm and I'm going to say no to the whole 212 01:03:44.840 --> 01:04:01.400 >> I had it backwards. >> Oh, got you. And what would what would you want to have for What is your find What is your written finding for that that would alter the essential character of the the locality? That's kind of what I'm looking for. >> Um I'm going to say that granting the 213 01:04:01.400 --> 01:04:26.640 variance would alter. So, I'm a no >> Based on the public testimony or >> B- based on the public testimony and other information that we have. >> Okay. Would the literal interpretation of the provisions of the Clay County 214 01:04:26.640 --> 01:04:42.560 Land Development Code deprive the applicant of rights commonly enjoyed by other properties in the same district under terms of this ordinance? >> Um approximately 92% of the properties in the egg service district would not 215 01:04:42.560 --> 01:04:57.440 meet the required setback for this business and this would not deprive the applicant of rights commonly enjoyed by other properties. And the subject property may still be used for other permitted or conditional 216 01:04:57.440 --> 01:05:14.720 uses within the district if variances to dimensional and setbacks are granted, meaning the inability to meet the 500-ft setback applies specifically to the proposed use rather than all reasonable uses. 217 01:05:14.760 --> 01:05:30.200 And for me the key sentence is the last one here. The property is currently being used as a vacation rental and has administrative home occupation permit for an architectural design firm and showroom. You know, so there are other 218 01:05:30.200 --> 01:05:59.520 he's we're just not thinking this is they have a purpose already. So, I am a no on four also. Is the variance being granted the minimum variance that would alleviate 219 01:05:59.520 --> 01:06:15.520 the practical difficulty? The requested reduction reflects the existing separation between the elevator and the nearest residence. The requested reduction to the setback is 50%. No alternative layout or adjustment has 220 01:06:15.520 --> 01:06:34.640 been identified that would decrease increase the the distance or reduce the amount of variance requested. >> So, that would be a yes. >> It would be since they are requesting the minimum. >> Yeah. 221 01:06:34.640 --> 01:06:52.160 >> Yeah, they're requesting that the minimum be changed reduced by 50%. Does the variance request meet all the below criteria? No variance shall be granted whenever any of the following conditions are not met. 222 01:06:52.160 --> 01:07:08.200 Adequate sewage systems or water supply capabilities can be provided. >> Um >> There's nothing is there currently, but it could be. >> Um >> And the current system tanks need to be 223 01:07:08.200 --> 01:07:27.480 visited by Clay County and whoever. Um, so we're a yes on >> Yes. >> Yes. >> Um, the plight of the landowner or hardship is not due to circumstances created by the landowner. 224 01:07:27.480 --> 01:07:42.840 Um the elevator's location and lot configuration predates zoning requirements and are not the result of landowner actions. The difficulty arises in part from the applicant's use selection of a use that requires a 225 01:07:42.840 --> 01:08:10.800 residential setback. Be a no. >> Is it Is it self-inflicted? >> Pardon? >> It's a self-inflicted circumstance. So, I would say that would be a no. >> Okay. The variance 226 01:08:10.800 --> 01:08:27.720 would not allow a use that is not already allowed in that zoning district. Cannabis businesses are allowed as a conditional use in applicable districts. The variance does not authorize a prohibited land use. 227 01:08:32.600 --> 01:08:50.319 >> So, that'd be a no. >> Yeah. >> Yes. >> Yes. >> There would not be a significant adverse effect on public safety, public health, or safety. A reduced setback may increase the potential for odor, lightning, security 228 01:08:50.319 --> 01:09:06.319 impacts on nearby residents if mitigation measures are ineffective. State and county regulatory standards may reduce these impacts depending on the implementation and monitoring. 229 01:09:07.640 --> 01:09:25.600 potential for safety >> I I just I just kind of put the last one. >> Okay, so we already know. >> And so would you want to modify the that finding at all then or >> that there may be 230 01:09:26.440 --> 01:09:53.240 a significant adverse effect on public health and safe and safety. >> Would be all I would word it. >> Yeah. >> Okay. So we're at the motion time. I would look for a motion to 231 01:09:53.240 --> 01:10:10.880 approve or disapprove the variance request. >> I motion to deny. >> Motion by Leo to deny the variance request. >> Second. >> Second by Dennis and Tim. Um any further discussion? 232 01:10:10.880 --> 01:10:33.720 >> Dennis or Tim? >> Dennis. It was a tie but D comes before T in the alphabet. >> Do we need roll call vote? >> Um any further discussion? Hearing none. All those in favor of voting for denying 233 01:10:33.720 --> 01:11:00.040 the variance say I. >> I. >> I. >> Opposed? Motion is carried. Variance is denied. Thank you. Any uh unfinished business, Matt? >> No one finished business, Mr. Chair. 234 01:11:00.040 --> 01:11:16.560 >> New business? >> Uh no new business unless anyone has any thing that they would want to bring to the board. >> Okay, our next potential meeting would be >> Oh, I do have one thing actually. Apologies. A couple things. Um 235 01:11:16.560 --> 01:11:33.800 so uh the draft um 2026 meeting calendar, you should have all have that um in your packets. So, that's tentatively what we were we were thinking about for meetings. It's very similar to um this year and um we can look at 236 01:11:33.800 --> 01:11:51.320 approving that um at our our our next meeting. Um there was a uh rescheduling of the county truth and taxation meeting uh to December um 17th, I believe. And that's when we 237 01:11:51.320 --> 01:12:10.160 um would typically meet. Um so, the truth and taxation or 16th, sorry, um meeting would occur at the same time as our our board of adjustment meeting. Um we could certainly alter it on that day or we could just um move to um just 238 01:12:10.160 --> 01:12:27.600 meeting again in January. It would it would be difficult to typically I would recommend pushing the meeting back a week. Um but with the uh the Christmas holiday being that following week, I think that would be be difficult to do. Um 239 01:12:27.600 --> 01:12:46.200 so, we could just um not have have a December meeting if that's what you all as a board would would want to do and then just uh reconvene uh in January. What would be your >> Do you have applicants? >> We have one applic- We have Yeah, we have we do have one application in. 240 01:12:46.200 --> 01:13:03.360 Um we would just need to extend our our 60-day, which we'd provide written notice to the applicant on that. So. >> Okay, looks like we are all golden with uh not having a meeting on the 16th because 241 01:13:03.360 --> 01:13:21.440 it conflicts with other county business. The time and um move it to the >> The um >> Well, January 27th. >> Yep. >> Okay. >> We could do the 20th too if you'd want 242 01:13:21.440 --> 01:13:38.960 to do it earlier. I think we could make that work potentially. >> Um isn't there a county conflict the reason it's at the 27th? >> Usually just with newspaper notifications and things like that. Um I could I could look into it and and reach 243 01:13:38.960 --> 01:13:55.920 out to you. Um but yeah, for now maybe just keep it at the 27th unless there's a potential to move it earlier. >> Okay, well, we'd have to move both. I mean I'd prefer if we we'd meet both the same day. >> Yes, correct. >> Okay, so potential no meeting in 244 01:13:55.920 --> 01:14:14.520 December. We're going to push the application until then. Looking at next meeting Tuesday, January 27th. >> Pay attention to the email. >> Um hearing nothing further, look for a motion to adjourn. Motion by Dennis. 245 01:14:14.520 --> 01:15:11.680 >> Second. >> Second by Leo. All those in favor say I. >> I. >> Opposed? Motion is carried. Meeting is adjourned. Thanks, everyone. >> Mhm. Part: 2 1 00:00:04.960 --> 00:00:22.320 role has been taken. We have a quorum. Um hopefully everybody received their packets in time to go over. Otherwise, I I didn't get mine till yesterday, but I get the email on Thursday and that was very useful. So, if hopefully 2 00:00:22.320 --> 00:00:39.880 people have had a chance to peruse the agenda and if nobody has seen any additions or corrections, I'd look for a motion to approve the agenda as printed. >> So moved. >> Second >> by Sebastian, 3 00:00:39.920 --> 00:01:03.039 >> second by Laura. All those in favor say I. >> I. Opposed. >> Motion is carried. Same thing on the is that date incorrect or do I have October 21st? 4 00:01:03.039 --> 00:01:24.400 >> Okay. So why do I have my does mine say I have the October 21st? It's the meeting minutes for October 21st. Okay, I'll look for a motion to approve 5 00:01:24.400 --> 00:01:43.680 the minutes from Tuesday, October 21st. >> So move. >> Motion by Brad, >> second by Laura. All those in favor say I. >> I. >> I. >> Opposed. Motion is carried. Minutes are 6 00:01:43.680 --> 00:02:01.439 approved. I think the motion was Kurt. >> You said Brad. >> Okay. >> Second by Brad. >> Okay. Motion by Kurt, second by Brad. >> Okay. Is there anyone in the audience or online that wishes to speak to something 7 00:02:01.439 --> 00:02:21.319 that is not on the agenda? Is there anyone in the audience or online that wishes to speak to something that is not on the agenda? Is there anyone in the audience or online that wishes to speak to something that is not on the agenda? 8 00:02:22.640 --> 00:02:39.120 Hearing nothing. Uh hearing no one. Look for a motion to open the public hearing. I have got paperwork issue here. >> Mr. Chair, I'll make a motion to open 9 00:02:39.120 --> 00:02:54.800 the first public hearing. >> Okay. Motion by Jenny. >> Second. >> Second by Kirk to open the public hearing. Matt >> vote. >> Need a vote. >> Need a vote. >> Need a vote. 10 00:02:54.800 --> 00:03:14.319 >> Okay. Sorry. Uh all those in favor say I. >> I. >> Opposed. Motion is carried. Public hearing is open. >> Thank you, Mr. Chair. So, this is a conditional use permit request for uh Rock Arch Rapids uh on the south branch 11 00:03:14.319 --> 00:03:31.360 of the Wild Rice River. The applicant is the Wild Rice Watershed District. Landowner Earl Hodson. So, this is located between Felton and Yulan. It's about 2 and a half miles north of Cass 34. It's on the east side of um County Road 110, which is 190 Street North. Uh 12 00:03:31.360 --> 00:03:53.360 the property is residential egg and rural vacant land. There's a farmstead with two out buildings. Uh the zoning on the property base zoning agricultural general with overlay zoning districts of resource protection aggregate and then shoreland special protection and flood plane 13 00:03:53.360 --> 00:04:09.920 fringe. So the request is the installation of a rock arch rapids structure on the south branch of the wilderness river. The intent of this structure is to stabilize an eroding reach of the river and reestablish natural channel grade, improve f fish passage and restore flood 14 00:04:09.920 --> 00:04:25.280 plane um connectivity. So the um the project details are to excavate and place approximately 5,000 cubic yards of material which would just be rip wrap boulders back fill and then construct a 15 00:04:25.280 --> 00:04:43.120 series of rock we um across about 30 330 ft of the the channel. There's uh erosion control measures included in channel um as well as out of the channel. um no impervious surface would be created. There would about be 16 00:04:43.120 --> 00:05:01.360 approximately a little over an acre of area disturbed during construction. And they'd be looking at um avoiding the fish spawning period. So no in channel work between March 15th and June 15th. So this is kind of where it's roughly 17 00:05:01.360 --> 00:05:19.039 going to be on the the river right here. there's going to be access construction access roads built in here. Um the reason why this uh triggered the need for a conditional use permit is uh we do have a standard um in 18 00:05:19.039 --> 00:05:35.360 our flood plane ordinance um where if you're moving more than 1,000 cubic yards of fill or other materials, a conditional use permit is necessary. This would be moving about 5,000 cubic yards. We have not received any comment from the DNR, the public, or the township uh 19 00:05:35.360 --> 00:05:52.080 on this request. How this request would relate to our comprehensive plan. Uh we do have a goal for flood planes to foster a community resilience to the impacts of flooding through targeted mitigation planning implementation coordinating with FEMA and the DNR. Um this is a cooperative 20 00:05:52.080 --> 00:06:08.080 flood mitigation initiative. Uh it supports our flood resilience goals. It also supports uh those um of the wild rice wershed district. Uh we have a a goal to protect and enhance the health and vitality of 21 00:06:08.080 --> 00:06:24.960 surface waters uh and maintain and enhancing areas of public waters especially within the shore impact zone and also uh to recognize the surface water goals and implementation actions of both the Buffalo red river and wild rice wershed districts comprehensive wershed management plans. So this 22 00:06:24.960 --> 00:06:41.360 project will really enhance uh riparian stability and function uh reduce erosion um restoring grade dissipating stream energy improving aquatic habitat and they these are all consistent with that wild rice watershed district comprehensive watershed management plan. 23 00:06:41.360 --> 00:06:57.280 Um I should say that also this does not uh based on the engineering work by uh Houston engineering who's uh the district engineer for the wild rice wershed district um this is not anticipated to have any up or downstream flooding impacts uh looking like it 24 00:06:57.280 --> 00:07:13.759 would by based on modeling only raise uh that by about less than a half foot but po 46 feet uh anything over.5 would trigger the need for a um uh conditional letter of map revision. So from and if and further study on that. So this is 25 00:07:13.759 --> 00:07:38.240 below that threshold. Any questions for me at all? Is the applicant or a representative for the applicant here and care to speak? >> Jerry can explain it much better than I can. So 26 00:07:38.240 --> 00:07:53.680 >> say your state your name for the record, please. >> Sure. Jerry Ben with Houston Engineering. I work as the district engineer for the wild rice wershed district. So I think Matt's done a good job of covering it. I'd certainly answer any questions. Uh you know the I would 27 00:07:53.680 --> 00:08:08.960 say that the the wershed district has a a master plan uh along the south branch to help try to deal with the erosion through there. This is really the first of a a pilot site of what we'd like to be 14 of them over time uh through the ridge going up the ridge. Really all 28 00:08:08.960 --> 00:08:24.879 geared at trying to address the substantial erosion that's been seen in past years. Uh try to protect property through that area and also uh try to keep the the banks there and not having the sediment move downstream to fill the channels below. So that Mr. Chairman, I'd just answer any questions that you 29 00:08:24.879 --> 00:08:38.800 or the board has. >> I just have a comment I welcome. I'm glad you guys are here and glad to hear that you have more in the books at this being kind of the pilot. See how it goes on the south 30 00:08:38.800 --> 00:08:58.560 branch of the the Buffalo. >> Mr. Chair, I do have a question. >> Um, can you describe in very basic terms the genuine purpose of the project? It talks about reestablish natural channel grade, 31 00:08:58.560 --> 00:09:15.680 improve fish fish passage, and restore flood plane connectivity. Can you talk a little bit about that? And if that's just this is one of many along this little river or you talked about these other places that would be a need for it as well. >> Yeah. Yeah, I definitely can. So, so along the south branch, uh, so where the 32 00:09:15.680 --> 00:09:30.800 south branch sits kind of at the county line there, uh, the river channel downstream of there was straightened back in the 80s by the core of engineers as part of a flood control project. Uh, after that straightening happened, uh, like in a lot of streams, if you 33 00:09:30.800 --> 00:09:46.480 straighten the river below there, it tends to cause a head cut to go up the river. So, basically, the channel tries to deepen going upstream. uh we are right at the base of kind of the beach ridge there. So that deepening has moved upstream as the channel then down cuts 34 00:09:46.480 --> 00:10:01.360 in that area. Uh you know this the banks become really steep. They start to collapse in and then all of that sediment continues to move downstream. So that deepening uh became super evident after the 2002 flood because that was the really large flood through 35 00:10:01.360 --> 00:10:18.800 that area. A lot of bank erosion um a lot of down cutting happened through that time. So really the goal of this site along with the 13 additional sites that would that would happen ideally between here and UAN would be to bring that channel bottom back up to uh to 36 00:10:18.800 --> 00:10:35.120 closer to the elevation that existed uh uh historically before the downstream straightening would happen. That really will allow the river to connect back into the flood plane there so we get some habitat improvement there. uh for the watershed district I think they just they just see it as you know water 37 00:10:35.120 --> 00:10:54.000 quality uh not having the sediment downstream because they're responsible for maintaining the channel downstream of there and it becomes expensive to pull the sediment out the out of that area. So that's that's really the goal. >> Thank you. >> Anyone else have any questions or 38 00:10:54.000 --> 00:11:13.519 comments for Gary or Matt? Thank you, sir. >> Is there anyone in the audience that would wish to speak for or against? Is there anyone in the audience that wishes to speak for or against this project? 39 00:11:13.519 --> 00:11:28.800 Is there anyone in the audience that wishes to speak for or against this project? Hearing none, look for a motion to close the public hearing. >> Motion. >> Second. >> By Josh, seconded by Brad. >> All those in favor say I. 40 00:11:28.800 --> 00:11:55.920 >> I. I opposed. Motion is carried. Public hearing is closed. We will now go through the findings of fact. The conditional use will not be injurous to the health, safety, morals, and general welfare of residents of Klay 41 00:11:55.920 --> 00:12:11.800 County. Um, this is a great project. This will reduce turbidity all the way to Winnipeg eventually in a small fashion. 42 00:12:12.240 --> 00:12:29.720 The conditional use will not be injurous to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted. Um this will this project when done in my opinion will actually increase 43 00:12:31.360 --> 00:12:48.680 the value and the joy enjoyment of other property owners. Establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses predominant in the area. Um 44 00:12:50.160 --> 00:13:06.959 will not adequate measures have been or will be taken to provide utilities, access roads, drainage, off- streetet parking and loading spaces as required by this ordinance. Um, 45 00:13:06.959 --> 00:13:26.320 access for construction has been already determined. Not really going to make any changes there. Adequate measures have been or will be taken to prevent or control offensive order, fumes, dust, noise, vibration, 46 00:13:26.320 --> 00:13:44.639 water pollution, and soil erosion so that none of these will constitute a nuisance and to control lighted signs or other lights in such manner that no disturbance to neighboring properties will result. These projects are are highly regulated 47 00:13:44.639 --> 00:14:00.320 and uh there are measures in place to prevent any negative impact. The conditional use will not create an excessive burden on current or anticipated public infrastructure or 48 00:14:00.320 --> 00:14:15.839 services that serve or are proposed to serve the area including but not limited to parks, sewers, public safety services, roads, water supply, sanitary sewers, storm sewers, unless the county and the applicant establish a 49 00:14:15.839 --> 00:14:31.199 development agreement that determines how such impacts will be resolved. and it will not have any impact on those uses at all. The conditional use is allowed by this ordinance and conformance with any 50 00:14:31.199 --> 00:14:51.279 specific use standards established in chapter 8 as may be applicable. It will will be fully in in compliance. The con conditional use is consistent with the goals and objectives of the 51 00:14:51.279 --> 00:15:08.079 Klay County comprehensive and transportation plan and any comprehensive plan of a township or city as may be applicable. And this aligns with the county comprehensive plan to 52 00:15:08.079 --> 00:15:25.920 know make things less prone to flooding. um wild rice watershed district is u done a good job of protecting and and making things better 53 00:15:25.920 --> 00:15:48.399 and this will just be an enhancement. So does anybody have any questions or comments on this proposed project? Hearing none. Look for a motion to grant the 54 00:15:48.399 --> 00:16:06.480 conditional use permit or deny it. >> Mr. Chair, I do have some suggested conditions as well. >> And you are right. Okay. Sorry about that. Um, no construction will begin the and the conditions that uh staff and Matt have 55 00:16:06.480 --> 00:16:29.519 come up with. Um, no construction may begin until all the permits are obtained. No instream work between March 15th and June 15th to protect fish spawning. All BMPPS in the approved SWPP 56 00:16:29.519 --> 00:16:49.040 must be implemented and maintained until final stabilization. project shall not cause a cumulative increase in BF and I'm not 100% sure myself of what all these stand for but >> base flood elevation 57 00:16:49.040 --> 00:17:04.640 >> base flood elevation uh in exceeding 6 in post construction as built verification may be required um all the bank work and routes will be 58 00:17:04.640 --> 00:17:21.919 seated completed and mulched immediately after construction. The Wild Rice Watershed District will be the responsible party for long-term maintenance and monitoring of the structure and structures and temporary access routes shall be 59 00:17:21.919 --> 00:17:40.160 restored to pre-RO condition upon completion. >> Mr. Chair, Commissioner Mojo, >> thank you. All of these suggested additions have been communicated to the wershed. Correct. 60 00:17:40.160 --> 00:17:58.559 These this is within typically what yeah requirements are wonderful. >> So does that count as the official question? Does the applicant understand and able to comply with all the proposed 61 00:17:58.559 --> 00:18:16.160 conditions? >> Mr. Mr. Chairman, uh Commissioner Rojo. Uh yeah, the the conditions the matter listed there are certainly fine and consistent with what we currently have in the plan. So >> thank you. Now I will look for a motion to confirm 62 00:18:16.160 --> 00:18:34.080 or deny or any addition additional conditions or removal of conditions. >> Mr. Chair, I'll offer a motion to approve the request with the conditions one through seven as proposed. >> Motion by Commissioner Mojo. Second >> seconded by 63 00:18:34.080 --> 00:19:00.000 Kurt. Any further discussion? Hearing none. All those in favor say I. >> I. >> Opposed. Motion is carried. Conditional use permit is granted. Thank you. It's nice to see a project going in for the wild rice in Lake 64 00:19:00.000 --> 00:19:18.720 County. Second hearing is uh Corey Simson, Concrete Holdings LLC, a request for an interimm use permit. The applicant is seeking an interimm use permit for a concrete plant on the 65 00:19:18.720 --> 00:19:40.600 proposed lot one block one of the Optil subdivision. Currently parcel ID number is 1 19.017.42000 part of the northwest quarter of the southeast quarter and the southwest quarter of the southeast 66 00:19:41.280 --> 00:19:58.480 quarter. Section 17, Township 139, 138N, range 48W, Kurtz Township. Look for a motion to open the public hearing. >> So move. >> Motion by Brad, seconded by 67 00:19:58.480 --> 00:20:13.679 >> Laura. All those in favor of opening the public hearing say I. >> I. >> Opposed. Motion is carried. Public hearing is open. Take it away, Matt. >> Thank you, Mr. Chair. Yes, this is a request for an intermuse permit for a concrete readymix plant and associated 68 00:20:13.679 --> 00:20:31.840 with that aggregate storage. So, this is located approximately uh 3 and 3/4 miles south of Morehead. It's on the east side of US Highway 75. Current land use is agricultural. Uh the base zoning is agricultural general. There is just a little tiny 69 00:20:31.840 --> 00:20:49.679 tiny bit of flood plane fringe or flood fringe uh in the southwest corner of the property. So with this site uh it is classified as as prime farmland. It has uh crop equivalency ratings from 67 to uh 73 uh 70 00:20:49.679 --> 00:21:06.720 throughout the the property. Uh the focus here again is on this 10 acre um parcel. Uh and there are no uh identified wetlands on that parcel. Uh surrounding this site, the closest residence is approximately a/4 mile to 71 00:21:06.720 --> 00:21:22.480 the north. There's another residence that's about uh 044 miles to the west and then 045 miles to the southeast. There was a concrete readymix plant that was permitted in 2011 renewed in 2021 about a half mile to the north of of 72 00:21:22.480 --> 00:21:38.480 this proposed site as well. So this is a site plan um showing all of the um showing the proposed location of of the plant and with our um setbacks essentially from our code in 73 00:21:38.480 --> 00:21:55.520 here. So this red is the quarter mile setback and then there's a thousand foot setback that's really hard to see and I apologize for that. So some background on the project. Uh the applicant did request reszoning to highway commercial and pre and a plat uh 74 00:21:55.520 --> 00:22:11.600 for future development. This was originally denied by Kurtz Township. Um the plat was res resubmitted um which Kurts Township did approve. Um that's consistent with our county's requirement that townships grant preliminary plan 75 00:22:11.600 --> 00:22:27.440 approval prior to county action. And then just this morning the um well you all approved the pre preliminary plat and then this morning the county board approved the final plat by a 4 to1 vote uh yeah this morning. And uh just a note 76 00:22:27.440 --> 00:22:44.320 here because this parcel would be sold to Concrete Holdings LLC uh only if the IEP is approved. The IEP must become effective only after staff verifies that ownership transfer um as required under our development code for interim use permits. 77 00:22:44.320 --> 00:23:01.840 So getting into the project. So it's a 10 acre parcel uh looking at an 8,000 square foot structure which would enclose that primary ba batching equipment. There would be an 80 foot tall um silo that would be adjacent to that building. Uh impervious surface on 78 00:23:01.840 --> 00:23:19.679 this lot would be about 65 just over 65% of of the lot. either the building footprint, driveway, uh gravel, um staging areas, and then um concrete as well. There is a storm water pond. It's um 79 00:23:19.679 --> 00:23:37.280 just under an acre uh wet basin. It's designed for water quality and quantity control and then access um from a US Highway 75 for a commercial approach. That's a permit pending from Mindot. Again, as I mentioned, the nearest residence is a/4 mile to the north. Uh, 80 00:23:37.280 --> 00:23:52.880 their site design does include uh vegetative buffers consisting of Colorado and Blue Hill Spruce um for do and sorry, DOI dust and noise mitigation. Uh enclosed operations in the building, uh bag house, uh 81 00:23:52.880 --> 00:24:07.360 residential backup alarms for trucks, and then dust control as well. Uh lighting would be downcast. Uh, no lighting of the silo should be required by the FF fa FAA, but um they should probably submit a request to them. Um, 82 00:24:07.360 --> 00:24:25.039 usually it's a 200 foot request for or requirement for lighting. This is at 80 would be at 80 ft. Um, but just with an airport and a couple airports in the vicinity, it'd be good to request that. Their requested hours of operation, uh, 5:00 a.m. to 7:00 p.m. Monday through 83 00:24:25.039 --> 00:24:40.480 Friday, 6:00 a.m. to 3 p.m. Saturday. Uh there'd be a seasonal reduction uh from December December to April. Uh looking at about 50 trucks a day at peak and then 15 trucks per day trucks per day offseason. They're requesting a 20-year 84 00:24:40.480 --> 00:24:56.320 duration for this IUP. Um water would be supplied by a private well that'd be dug to around 225 ft. They're estimating about 750,000 gallons per year. Um the MPCA uh requirements 85 00:24:56.320 --> 00:25:12.000 for a water appropriations permits are a million gallons per year or 10,000 gallons a day and they're looking at maybe 3,000 gallons a day um as an estimate. The septic would be um on site. Uh 86 00:25:12.000 --> 00:25:27.120 they'd have to get storm water permits from the pollution control agency, MINDOT, as well as the Buffalo Red River Wershed District. and an air emissions permit would be required from the pollution control agency. Uh we did receive some comments. Um an 87 00:25:27.120 --> 00:25:42.960 update I received this afternoon from MIDOT. A turn lane will be required for this project. Um ultimately though that's up to the traffic engineer discretion, but uh they did have a meeting another meeting this morning about it. Initially a turn lane wasn't going to be required, but now they're saying yeah, a turn lane will be 88 00:25:42.960 --> 00:25:59.679 required for this project. Uh Kurts Township is formally opposed to the use. Uh they cited incompat incompatibility with the agricultural district concern over future commercial or industrial expansion along Highway 75. We have received multiple public 89 00:25:59.679 --> 00:26:17.200 comments um from residents and land owners expressing opposition um traffic safety risks with increased truck movements uh potential for the use to generate noise, dust, traffic and lighting nuisances, quarter planning conflicts um as well. Uh and then 90 00:26:17.200 --> 00:26:36.080 drainage and runoff concerns. There was a petition also that was created unchanged.org has last time I checked this afternoon 137 signatures. Um we can't verify the names and addresses of that, but I believe that there is a copy available um from the the organizer of 91 00:26:36.080 --> 00:26:51.919 that petition. Um, we did also receive a letter of concern uh that basically uh addressed all of these comments that I would also enter into to the record as well for that from an adjoining land owner. 92 00:26:51.919 --> 00:27:09.039 Our extractive use standards for um or for asphalt batch plants um and readymix cement plants, they're the same. Essentially, this request looking at it would meet all of our setback standards in our code. Uh, 93 00:27:09.039 --> 00:27:28.240 similar to the um batch plant to the north, which also meets all of the setback standards as well. From our comprehensive plan, we have a land use agricultural goal category. We have a goal to recognize and protect the 94 00:27:28.240 --> 00:27:44.320 egg character of Klay County to protect prime egg soils from commercial industrial residential development. Um the this property is used for egg production. It's within our egg general zoning district. This is an allowed use within that zoning district. Um this 95 00:27:44.320 --> 00:28:00.159 would convert approximately 10 acres of prime farmland to an industrial use. Would remove that from production. Would partially um conflict with that. You could consider 10 acres to be minor. Also located along a highway frontage 96 00:28:00.159 --> 00:28:16.880 location that already experiences uh over 1600 uh daily trips of traffic every day. We have a goal um to encourage the commercial and industrial development that is in harmony with the egg and rural character of Klay County and to 97 00:28:16.880 --> 00:28:32.000 promote value added egg commercial and industrial development in egg service areas and along transportation corridors and hubs. So, this would be a a use that would benefit from uh one of the major transportation corridors in Klay County. Uh there could be some impacts to 98 00:28:32.000 --> 00:28:48.799 township roads because as material moves from primarily the eastern part of the county to uh market or to where it might be processed, uh local township roads do get utilized. Um and in some cases it has an impact in many cases has an 99 00:28:48.799 --> 00:29:08.000 impact on those. We also have a objective to avoid or mitigate against commercial or industrial development that increases potential for land use conflicts with rural residential or egg uses. Uh this site uh design does incorporate a lot of mitigation efforts into it. Um there is 100 00:29:08.000 --> 00:29:24.080 commercial and industrial use um that's established or will be established uh to the north of this. Um, it would introduce an industrial activity uh within an area that has been predominantly characterized by egg and rural residential uses. And there's been 101 00:29:24.080 --> 00:29:40.399 a number of concerns raised by Kurt Township, Kurtz Township, and neighboring residents that indicate that some of these perceived land use conflicts remain uh particularly traffic safety uh visual noise compatibility with a character of the surrounding land 102 00:29:40.399 --> 00:29:55.760 landscape. We also have a goal to promote the incorporated communities of Klay County as prime locations for commercial and industrial development and encouraging those uses to locate within our incorporated communities. Uh the applicant has did try to locate 103 00:29:55.760 --> 00:30:23.520 within the city limits of Sabin and Morehead when it's not successful in finding a location. Any questions for me at all? Okay. Um, hearing none. Would the applicant or 104 00:30:23.520 --> 00:30:43.600 John care to speak? Good evening. Uh, my name is John Lowry. and with LA re-engineering and uh here on behalf of the applicant Cory Simson's who's who's also here and the land owner uh Steve Elro is uh present as well if there's questions of them. Uh, again, I 105 00:30:43.600 --> 00:30:58.880 think Matt did a great job of uh uh recapping what was submitted and uh I guess I would just point out that um you know, we're we're hoping to be here to work with the county and with the 106 00:30:58.880 --> 00:31:16.640 neighboring residents. Um when a land owner has a property, they, you know, they have a right to use that property until it infringes on their neighbors, right? the the the right to use and enjoy that property. And it's as 107 00:31:16.640 --> 00:31:32.799 Matt kind of ended on, it's been difficult to find a parcel of land that that putting a concrete readymix plant was sufficient in location. Uh there was loca and Corey can get into that, but there's locations in Morehead and Saven and I think other locations as well that 108 00:31:32.799 --> 00:31:51.600 were examined and uh I know property to the north in the subdivision that we brought before you for industrial and commercial was considered for this and because of the proximity uh to existing residences and also the just the size of the property um the platted lots there 109 00:31:51.600 --> 00:32:08.799 they were not sufficient for a concrete uh uh readymix And that's why this location was chosen uh for its access to Highway 75, which is of a concern. Uh it was sufficiently located to the county standards for 110 00:32:08.799 --> 00:32:26.320 setbacks from existing permitted uses. Um it's compatible with the proposed uses that are in this area. I you know as as Matt said there there's uh uh industrial commercial lots that are planned immediately to the north of this 111 00:32:26.320 --> 00:32:43.840 and there's an existing ready mix plant within a half mile of this property that's been operating for you know plus or minus 15 years and um I think the exception here is that this property is properly located and 112 00:32:43.840 --> 00:33:00.799 sized to allow for the proper for compromises, if you will, but the proper improvements to make sure that it isn't as much of a nuisance to the neighboring properties. You know, standards were put in place and requests have been made uh 113 00:33:00.799 --> 00:33:16.960 through, you know, the the county updated their ordinances here in 2025 and I think was very deliberate and intentional about the requirements that they put in place for locating batch plants and locating concrete readymix plants. Um and and this property is 114 00:33:16.960 --> 00:33:32.720 sized, this proposed location is sized in order to to achieve those things on this site. Whether the screening standards, making sure there is not light news, light nuisance offsite, uh sufficient spacing so that uh noise 115 00:33:32.720 --> 00:33:50.320 nuisances don't occur. um you know th those were all things that were considered and deliberately reviewed in in choosing this location. And so I I guess as we come before you, 116 00:33:50.320 --> 00:34:06.159 you know, the point would be we all use concrete. We drive on it every day. Uh most of our houses probably has concrete in in it. and competition in in the construction industry is a good thing for all the residents of Klay County. So 117 00:34:06.159 --> 00:34:24.240 I would argue that we need we need competition and we need a concrete ready mix plants in Klay County. And if we're going to have concrete ready mixes plants in Klay County, we should have standards that we live to in locating those where 118 00:34:24.240 --> 00:34:40.159 it's now deemed that that is a reasonable use of that person's property and their right to to enjoy it. you know, and that's what we've tried to do is follow the county's lines and and requirements so that we're not too much 119 00:34:40.159 --> 00:34:54.480 of a nuisance to the neighbor, not a detriment to them, but reasonably using the property u that is owned. So, um if we're not doing that, you know, we want to know that and understand what that 120 00:34:54.480 --> 00:35:10.720 standard is. And if it's we just can't have them in Klay County, then then, you know, we we need to know that as well. If it's, you know, it needs to be X feet or, you know, provide these additional compromises regarding, you know, 121 00:35:10.720 --> 00:35:26.480 whatever it may be. But I think the application before you does handle all of the engineering questions. If there's any specifics that come up, I'm I'm happy to answer those. But we're more than happy to work with Mandot and any improvements that are requested. We're 122 00:35:26.480 --> 00:35:42.480 going to follow all water use requirements of the state and any thresholds that they have here. We're certainly going to comply with all storm water discharges and not pollute. We we can't build if we're going to pollute the downstream. Uh you know, 123 00:35:42.480 --> 00:35:59.680 anything that humans do to somewhat is polluting. But there's reasonable standards that are put in place for for the use and enjoyment of your property. and we're going to follow all those standards when it comes to all the engineering pieces of this. So, it it it's not a technical issue that's before 124 00:35:59.680 --> 00:36:16.800 us tonight. It's are the standards that were put in place reasonable for locating a concrete batch plant? And if not, what are the standards that should be in place so that we can live by those standards and 125 00:36:16.800 --> 00:36:32.480 and operate a cocky batch plant that benefits the community and benefits everybody that's in this room tonight. So, if there's any specific questions uh for myself or as I said, the applicant or uh Steve Oatrell, the owner, we'd be 126 00:36:32.480 --> 00:37:00.079 happy to answer those. Thank you, John. >> Thank you. >> Is there anyone else that wishes to speak on behalf of this project? Is there anyone in the audience or 127 00:37:00.079 --> 00:37:21.280 online that wishes to speak for or against? Laura Canol, >> please come to the mic and state your name. Um, you are limited to two three minutes. My name is Laura Canó and um I come from 128 00:37:21.280 --> 00:37:36.400 a long line of it's a family farm of five generations, the Walkers. Um, they own quite a bit of farmland in that area that butts up right up to where this is right now. Um I was responsible for the petition and we have 140 some names and 129 00:37:36.400 --> 00:37:52.400 then also Dale who lives right in the area went around and got hand signatures from the people that were unable to go online because they just didn't have access. So I have hand signatures from them as well. So here's a copy for you. 130 00:37:52.400 --> 00:38:08.320 And I'm just concerned for the fact that I I brought that up this morning too at the um meeting that um just the vision for where Morehead is growing. And I just I see on the Fargo side they have Brierwood and Fargo Country Club and 131 00:38:08.320 --> 00:38:24.880 they have churches and schools and green space and parks. Um, I just see so much. This is kind of pigeonholing more of the commercial industrial on this beautiful farmland. And there's family farms out there that have been there for 132 00:38:24.880 --> 00:38:41.839 generations. And I I'm just sad to see the direction that this is taking. There is already a concrete batch plant there which seems to be adequate that it should be serving our area. Now, to double up, it's really kind of setting a precedence of what is to come. 133 00:38:41.839 --> 00:38:58.240 And I'm afraid that that's going to start to take over this valuable farmland that has been coveted for our area for so many generations. So I guess I speak to the behalf of that that I just feel like we should protect that and again give it the due honor and 134 00:38:58.240 --> 00:39:13.280 respect that it deserves because it's been supporting this community for all these generations. So, I don't live out there personally, but I have family that do. And the noise, the pollution, it's going to just their quality of life, 135 00:39:13.280 --> 00:39:29.440 even the traffic is going to be a factor for them. So, I guess I'm speaking to that as well. um the other farmers that are in the in the audience will talk to that it'll affect them directly and I'll let them talk in their own behalf. But mostly I just I 136 00:39:29.440 --> 00:39:46.000 really hope that Morehead can look at this as an opportunity to grow in a more positive light and that we can reflect what's on the other side of the river too and that we can grow our community to represent um I guess the agricultural community 137 00:39:46.000 --> 00:40:01.760 and then grow I'm not against the growth factor but just to kind of keep up with with what's already happening in Morehead and encourage um beautiful developments like Tessa's Terrace and we have blue stem and we have other things that draw people in 138 00:40:01.760 --> 00:40:33.280 and I feel like that is more my intention of where I would like the farmland to go to as well and just the traffic all of those those variables. So thank you Dale Schulfelt Schloffel sorry Dale Schaefelt 921614 Street South 139 00:40:33.280 --> 00:40:49.920 Morehead. I'll be about half a mile away from this development. Me and my brother own 33 acres there and we're outside all the time when we're home working garden and lawn maintenance and stuff like that. And all the noise is just right 140 00:40:49.920 --> 00:41:04.800 now it's over there. It's all the beeping and from the other plant beeping from the trucks and banging of the tailgates shutting and it's quiet mornings. You just you can hear it in the house some mornings and then all the traffic that'll be going by on I live on 141 00:41:04.800 --> 00:41:20.560 90th Avenue basically. It's It's a gravel road. They claim they won't be using it, but you know, they're going to use it. They did when they did the substation. They rebuilt the substation last year, last two years, and they were using it non-stop with gravel trucks, and it's a narrow narrow gravel road, 142 00:41:20.560 --> 00:41:36.640 steep ditches. It's just you meet them on the road, and you got to literally got to stop and let them go by. And then the noise issue obviously with the track holes when they're track holes and excavators going and dozers pushing 143 00:41:36.640 --> 00:41:52.720 the gravel around beeping. And then the water issues are some concerns too. 750,000 gallons a year. That's a lot of water to be pulling out of the ground. I know as of right now I have two neighbors that have had to redrill wells because they've ran out of water. 144 00:41:52.720 --> 00:42:30.160 That's a concern of mine, too. I guess that's the noise is the biggest thing for me. Noise in the traffic. So, thank you >> Paul Bannerman. My name is Paul Bannerman. Uh my family owns the farms that directly to the 145 00:42:30.160 --> 00:42:44.880 north of the proposed plant. Lex is approximately a quarter mile away. Um to follow up on a lot of stuff's already been touched on, the noise is one of the biggest concerns we have. um starting at five o'clock in the morning. Do you want to be woken up by backup alarms and 146 00:42:44.880 --> 00:43:00.880 trucks begging tailgates and Jake brakes and such, making noise when they're trying to stop and coming into the yard to deliver materials, not just the readymix trucks, you're going to have delivery trucks for um the materials, your gravel, your cement, and all the 147 00:43:00.880 --> 00:43:19.119 associated with that. be lights. I don't care if you have 80 foot tall lights, you're going to have a lot of expanded area where it's not just going to affect the individual property, it's going to affect the surrounding neighborhood. Um, you enjoy you're ruining your peace of 148 00:43:19.119 --> 00:43:34.400 life, your quality of peacefulness at night, during the day. You want to be able to enjoy your time, enjoy being outside and not having to listen to that and see the pollution. You can have dust from the trucks coming in, from the gravel, 149 00:43:34.400 --> 00:43:51.680 from the making of the running mix itself. There's just as much as you try, there's just no way of preventing that as far as I'm concerned. I just don't see an an end all where you can eliminate it. It's going to seep into the neighboring properties. It's going to my parents farmland that or farmstead 150 00:43:51.680 --> 00:44:07.839 that's there currently. They're living there. Dad lived there 85 84 years. family's owned 85 years right there directly north. It's going to affect their property values. Who's going to want to potentially purchase a home if my family chooses to at in the future 151 00:44:07.839 --> 00:44:24.880 sell it when you have 20ome trucks coming in every day all day long. The noise from the traffic. you know, the increased traffic around us is already getting um to be a lot with the readym mix and the the gravel storage right 152 00:44:24.880 --> 00:44:41.280 directly north of my parents. There's a lot of noise with that continues. Now, what do we really want to drive more noise at the area? Um I have concerns with environmental. You're not just the water east is going to be extreme because as Dale Schael touched on 153 00:44:41.280 --> 00:44:59.119 neighbors already running out of water you the directly adjacent to my parents land they had to drill three different times before they found water just for small usage that they would need just for a garden because it's just a storage shed. You had 10 to 15,000 gallons 154 00:44:59.119 --> 00:45:16.240 consistently coming out of there. Where is it going to come from? Is it going to affect people that are currently living there? Are they going to not have water for their needs? Were you putting potentially putting a growth of this plant over human life? If you don't have water, how can you survive to live 155 00:45:16.240 --> 00:45:33.040 there? Are we going to have to truck in water just to for the basic needs even just to flush a toilet? Are we going to go to town and purchase water for that? Let alone trying to for drinking water and all our usage. You're going to have the chemicals that are going to needed in the process of making this concrete 156 00:45:33.040 --> 00:45:48.240 that's going to seep. It's going to go everywhere. Spills happen. There's just no way around it. You're going to destro destroy potential prime agriculture farmland. It's been stated. It's been farmed for many, many years. My grandparents farmed it for 30 plus 157 00:45:48.240 --> 00:46:05.440 years, if not longer. It's been a tremendous uh opportunity for farmers over the years and continues to be to this day that we're taking out of production that as our city and area grows, we need these productions. We can't keep taking value farmland away 158 00:46:05.440 --> 00:46:20.480 from this and >> I need you to wrap up sir. >> I'm sorry. Um so and just you know the wash outs with the the leakage and the seepage and that is so as a family directly affected by 159 00:46:20.480 --> 00:46:46.960 it we are vely opposed to this. Thank you >> Cameron Canol. And then just a reminder that you are limited to three minutes at this point in the hearing. Uh good evening. My name is Cameron 160 00:46:46.960 --> 00:47:02.960 Canol. Uh son of Laura Canol. Uh as stated, I'm going to be that possible fifth generation to own that farmland. And uh it I see that just having a direct impact. Um I actually come from a background in manufacturing and so I 161 00:47:02.960 --> 00:47:18.400 feel like I can attest to the fact that um there is a lot of uh potential runoff and there's uh fumes, dust, you know, everything that comes with that. Um it it just will affect the area in some way and that's just an inherent hazard of 162 00:47:18.400 --> 00:47:34.160 being in manufacturing or in a production facility such as this. Um I guess I would also question if there is one plant. Um we are seeing that potential increase for uh more trucking. Um where is the need coming from? I 163 00:47:34.160 --> 00:47:50.000 understand that concrete does um uh provide a lot for the area and it's necessary for a lot of home building and other construction, but I guess I would be curious on the actual uh projections of that kind of need. Um e even just uh 164 00:47:50.000 --> 00:48:05.280 questions of like relocation. I know it's been turned down in various uh different areas and uh in light of that I guess I would wonder why we should be having it in this close proximity um even if it is competing. Um and then I 165 00:48:05.280 --> 00:48:38.480 just again would agree with most of the prior concerns. That's all. >> Thank you. Dan Moore. >> Good evening. Dan Moore, 84614 Street South, Morehead. I live in the northeast 166 00:48:38.480 --> 00:48:56.720 corner that ties into that property. Um, I'll do this so I keep it to a fair amount of time. Anyways, to reiterate, you know, they they've said a lot of different things here, but like they said on the trucks, okay, up to 50 trucks, you take in account that where 167 00:48:56.720 --> 00:49:13.520 they haul their sand and gravel and concrete to the existing sites already. Uh then you add stratas into that and there's going to be a tremendous amount of trucks and traffic. Uh reiterate the noise. you know, 5:00 a.m. I I've lived 168 00:49:13.520 --> 00:49:28.559 out there since 1966 when my parents first bought that place and we built next to it. Um, you know, who regulates it afterwards? I mean, you move out into the country, most people do a lot of things that 169 00:49:28.559 --> 00:49:44.880 would never get away with uptown. Um, you know, if you had a farm, if you had a house there, it would be one farmstead per 40 acres. We're not trying to stop him from developing his land. He just got a permit for 13 buildings to put on that land. We just don't want 170 00:49:44.880 --> 00:50:02.480 heavy industrial out there. You know, there's a big difference between commercial and heavy industrial. Um devaluation of our properties. You can't tell me it's not going to drop our property values after all the years we've worked there and lived there to keep things up and keep things neat. 171 00:50:02.480 --> 00:50:19.319 So, um I don't want to bring up the other things that the other people have done, but that's just some more of the concerns that it's uh it's a very big concern for us out there. So, thank you for your time, 172 00:50:20.800 --> 00:50:44.720 >> Evan Canol. Uh hello, my name is Evan Canol. Uh I am currently studying biochemistry and I have particip participated in research on wastewater treatment for soil contamination for the past eight years. 173 00:50:44.720 --> 00:51:01.280 So speaking to that, I have seen that spills happen no matter what preventive measures are put in place. uh you can only do so much to prevent this and I would say that increasing the density of these in heavy industrial 174 00:51:01.280 --> 00:51:18.640 uh plants in this area is just going to increase the risks associated with all of that and I would say the best way to prevent this would be to limit the access. So prevented uh preventing this would allow the best environmental protection for this area. And I would 175 00:51:18.640 --> 00:51:35.440 agree with Kurtz Township that I don't believe this development is in line with what this area currently is and what it's zoned for, which is heavily for agricultural use. Uh these concrete plants are well studied to have increased emissions that will acidify 176 00:51:35.440 --> 00:51:51.280 soil and decrease nutrient availability which will result in lower crop yields. uh as well as many other impacts on the community that have been addressed previously. So ultimately I would just say uh if this is to proceed as proposed 177 00:51:51.280 --> 00:52:08.319 I would request and I know many others in this audience would appreciate if we were able to perform a environmental impact study to truly analyze the current impacts of the plant in the area and to look at the validity and uh 178 00:52:08.319 --> 00:52:31.920 possible risks that are associated with further development. Thank you. Brian Lysath. >> Brian, excuse me, Brian Lysath. Uh, Lis 4372 110th Avenue South. I'm a township 179 00:52:31.920 --> 00:52:47.760 supervisor for Kurtz Township. Have been for I don't know 35 years. I was involved when the other plants went in back when it was Myrose chicken plant and it was converted to commercial 180 00:52:47.760 --> 00:53:02.319 and at the time it was said that those we would plant trees, make them nice, would only run certain hours and they've 181 00:53:02.319 --> 00:53:17.680 exceeded the hours. There's nothing planted. It is an both of them are eyes. The the township has always had egg preservation as one of its goals and 182 00:53:17.680 --> 00:53:32.720 I'm also posed for the same reasons that many have spoken about. is the traffic u and uh devaluation of the future property 183 00:53:32.720 --> 00:53:49.599 uh values and I uh I'm I'm totally opposed as the first time that someone has come back after something has been turned down that I recall. But uh 184 00:53:49.599 --> 00:54:12.240 that's all I have to say. Rob Roberts. >> Good evening. My name is Rob Roberts. I live at 7776 Highway 75 South. So, I'm the first house north of 80th. Um, one, when we went through this in the spring, I wasn't getting notifications. So, I 185 00:54:12.240 --> 00:54:28.480 don't know if I'm entitled to notification for this one being farther south, but it's kind of a sore spot for me considering there aren't that many residences out there not to be included in it. Number two, when they address the concerns about the noise and the light and all the problems with the plant, I hear it all the time because I'm that 186 00:54:28.480 --> 00:54:45.280 first owner occupied house just north of there. We hear it. We hear the speakers. They're on the loudspeakers. It's not very enjoyable to have your windows open early in the morning. Um, number three, I'd like to know about the environmental impact on the aquafer. Like everyone else, I just put in a well 187 00:54:45.280 --> 00:55:02.240 not that long ago. My old well failed. I went 10 feet deeper. But should I have gone 20 or 30 feet deeper? If I'm doing a rough guess in my head, it's like 13 14,000 gallons a day, I think, is what they're doing. 365 days a year on an average. Obviously, more impactful during the operating season. What's that going to do to the aquifer? Will it be 188 00:55:02.240 --> 00:55:30.720 water for the rest of us? Has anyone looked at environmental impact on that? Anyone have a response? Who do I go to to find out this? >> I guess is it just falling on deaf ears? 189 00:55:30.720 --> 00:55:46.640 >> So, Mr. Chair, one thing that um the DNR does conduct is they do do well inter interference studies. Um they could certainly do one for this proposal. >> Don't we think that'd be a good idea to protect the existing homeowners in the 190 00:55:46.640 --> 00:56:08.359 area and farmers and everyone else? >> Um I guess you you're looking for debate. This is not a debate. >> Not a debate. Just wondering hearing. You are given three minutes to state your case. >> All right, my time's up. >> Thank you. 191 00:56:20.559 --> 00:56:41.240 Anyone else or online that wishes to speak for or against this request? >> Um, if you would like to speak to this, you come to the podium and state your name. 192 00:56:43.040 --> 00:56:58.480 Hello, I'm Corey Simson. I'm uh part of the ownership group for Cont. Um I just kind of like to explain kind of how we got to where we are in this property. Um obviously we looked at several different sites within Klay County. Um that did 193 00:56:58.480 --> 00:57:15.599 did not work based on some of the counting zoning ordinances and stuff like that. So we chose to choose a property. We kind of work backwards from the guidelines that obviously you guys have approved. So, that's kind of where we work backwards from. I mean, we met with Matt. We looked at this property. 194 00:57:15.599 --> 00:57:31.440 Um, it met all the requirements. Um, it's, you know, off a main highway, which is a benefit. Uh, it's designed to handle the traffic. Um, you know, there's no real close neighbors in proximity. Um, we're on the downwind side from the 195 00:57:31.440 --> 00:57:48.799 prevailing winds. I mean, we really try to limit the impact that this would have with the residents. And I do realize that there's an impact. I mean, that's inevitable, but I mean, the reality is is that Morehead is going to expand. I mean, obviously, I understand that it is 196 00:57:48.799 --> 00:58:05.119 farmland, but I mean, all this farmland is eventually going to turn into something else. I mean, I realize it may take some time. Um, but I mean, so we are very choosy about why we chose this site specifically, I guess. Um, you 197 00:58:05.119 --> 00:58:21.680 know, on the water usage, just reference, obviously there's some concerns. Just to put in reference, 750,000 gallons is equal to about 10 12 houses a year. Is that right, John? Based on the average water usage. Um, you know, dust control, the truck 198 00:58:21.680 --> 00:58:36.240 routes. Obviously, we're going to utilize the main highways that run north, south, east, west for what we're looking at doing. um you know noise complaints. I don't think you know in talking with even when 199 00:58:36.240 --> 00:58:51.520 we talked to the township about this um I don't think there's been any noise complaints or anything with the existing concrete plant that's there. So I think some of those you know obviously this is new and it's you know there is you know more potential there but I think we're 200 00:58:51.520 --> 00:59:08.799 going to do whatever we can as property owners to be good neighbors. Um, obviously we feel that there's a need that needs to be met uh within the county. So, we we think this is a good uh location. So, >> can I ask a question? 201 00:59:08.799 --> 00:59:24.079 >> Are you part of the ownership group on the existing badge plan >> on the existing one? >> Right. >> Uh, nope. >> So, I I'm curious as to when you said there hasn't been any noise complaints. um like when we brought up new, you know, like with when we went through the 202 00:59:24.079 --> 00:59:39.920 uh township stuff, you know, and talking like Matt or anybody, nobody's ever brought up any complaints about anything, traffic, noise or anything. >> But what I'm saying is like would you how would you get notified of any of the noise complaints existing? >> Um just going through just listening to the people that are involved in that 203 00:59:39.920 --> 01:00:04.079 area that you know if they've received complaints or anything from any residents or anything like that in the past. Right. Thank you guys very much. Okay. Is there anyone else in the audience or online that wishes to speak for or 204 01:00:04.079 --> 01:00:21.520 against? Is there anyone in the audience or online that wishes to speak for or against? Hearing none. Look for a motion to close the public hearing. >> Can I ask a question? >> Yes. before we go out of the public hearing. So, uh, Matt, can you talk a 205 01:00:21.520 --> 01:00:36.240 little bit about what that well interference study is? We've not talked about that at this piece. Is that something that has to be landowner driven or is that something >> um Mr. Chair and Commissioner Mojo, it's typically a landowner requested study 206 01:00:36.240 --> 01:00:52.799 that's done. Um, >> but that's an after >> typically >> after a development typically if there's >> Yeah. a disruption in water, then you can request that. >> Most of most of them um kind of center 207 01:00:52.799 --> 01:01:10.400 resol revolve around like uh just irrigation for crops um uses that are already maybe have a groundwater appropriations permit as well. They typically do those studies beforehand. Um they have those they have those thresholds um um for for permitting, but 208 01:01:10.400 --> 01:01:27.119 if there are concerns that are under that, yeah, that's when that could be requested and it's it is typically landowner driven >> and so what's different about the EAW that was referenced because of their they don't meet the threshold of what the estimated usage is and that's why that doesn't trigger the beforehand 209 01:01:27.119 --> 01:01:43.119 blanket study >> correct doesn't wouldn't meet any of the mandatory um thresholds for a environmental impact statement or an environmental assessment worksheet that are set in 210 01:01:43.119 --> 01:02:07.119 state rule Thank you. Okay. Hearing no further questions or um look for a motion to close the public hearing. >> So moved. 211 01:02:07.119 --> 01:02:36.079 >> Second. >> Motion by Sebastian, seconded by Brad. All those in favor say I. I >> opposed. Motion is carried. Public hearing is closed. Okay, we will go through the findings. 212 01:02:36.079 --> 01:03:01.839 The interimm use will not be injurous to the health, safety, morals, and general welfare of the residents of Klay County. The interimm use will not be injurous to the use and enjoyment of other property in the immediate vicinity for the 213 01:03:01.839 --> 01:03:22.720 purpose already permitted. >> There is some >> well go ahead. I'd say based on the testimony, I think there is some disruption that's noted. >> I would agree. 214 01:03:22.720 --> 01:03:45.119 Um, Mr. Chair and Commissioner Mojo, would this kind of portion of the draft findings kind of address what you were thinking there? Was there anything? Again, these are your findings. Anything you want to add or change? This is just solely based on 215 01:03:45.119 --> 01:04:02.079 information that has been received prior to the hearing with the public testimony and then the um also the information additional information provided by the applicant um from this hearing those should be incorporated into these findings as well. 216 01:04:02.079 --> 01:04:35.359 >> Is there later on are we identifying the water piece? >> Yes. >> I suppose I could even go to this last sentence as well. >> Mr. Chair and Matt, >> is your office been made aware of any 217 01:04:35.359 --> 01:04:49.920 formal complaints from the previous mentioned batch plant close by? I have not and it has did go through four years ago a um interim use permit renewal and I have not I don't believe we heard 218 01:04:49.920 --> 01:05:06.720 anything then um I'm assuming that's quite possible that we will be hearing in the future but I have not to this point these this is the um observations brought um today and as a result of just this um 219 01:05:06.720 --> 01:05:27.440 this application have uh are new to the uh other batch plant. Are those hours roughly what they requesting for this one? >> They're very similar. >> Very similar. Okay. >> I think theirs um might be 5:00 a.m. to 220 01:05:27.440 --> 01:05:48.799 6:00 p.m. Monday through Saturday. So, they might actually be less restrictive. The establishment of the interimm use will not impede the normal and orderly development and improvement of surrounding property for uses 221 01:05:48.799 --> 01:06:26.799 predominant in the area. So the not reciprocal means that they can't the the plant couldn't expand but people could build closer >> if they chose to. Yeah. Correct. Yep. Like we're in um for example in our code 222 01:06:26.799 --> 01:06:43.880 we do have some reciprocal setbacks um related to like uh wind energy systems um feed lots and they're explicitly defined as as reciprocal setbacks and uh these setbacks are not defined as that. 223 01:06:46.160 --> 01:07:26.559 Anybody have any proposed changes or Okay, moving on. Adequate measures have been or will be taken to provide utilities, access roads, drainage, off- streetet parking, 224 01:07:26.559 --> 01:07:46.079 and loading spaces as required by this ordinance. There is a lot of hoops that they will need to jump through for this. And you said just today Mandot came up with a widening of the road and a turn. 225 01:07:46.079 --> 01:08:11.920 >> Turn. Yep. Yep. So it I believe that statement to be true. Mr. Chair and Matt. So the maybe it's too early to know what the mind is proposing, but are you envisioning a turn lane for those coming from the 226 01:08:11.920 --> 01:08:28.480 south and then the center turn lane for those coming from the north with a bypass to prevent traffic backup stoppage. >> So Mr. Chair and Commissioner St. I can't speak to entirely to Mindot beyond the information that they've provided me 227 01:08:28.480 --> 01:08:43.440 being that this um road and the rightway is under completely under their jurisdiction. Um all that they've indicated to me is that according to their um traffic and road specifications that a right turn lane would be 228 01:08:43.440 --> 01:09:01.199 required. A left turn lane would not be required. Just a right turn lane. So be coming heading north. >> The majority of the traffic be coming from the north and returning north. 229 01:09:01.199 --> 01:09:18.080 >> It's it's possible, but again, this is and Mindot might have some additional requirements um as they continue to review the the permit um the access permit. But um that's all that the information that they provided me. >> Yeah, it's very early. So >> yeah, >> I mean it would make sense that a lot 230 01:09:18.080 --> 01:09:33.920 more traffic is going to be turning left and right because of where the business is going to be occurring, but that's >> the only thing Mr. >> that would constitute a significant road improvement if you add >> Yeah. And the only thing that I could say, Mr. Chair, is that the thresholds 231 01:09:33.920 --> 01:09:53.839 for a uh a left turn lane are significantly higher than a right turn lane. It has to be significant amount of traffic. Adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, vibration, 232 01:09:53.839 --> 01:10:27.280 water pollution, and soil erosion. So that none of these will constitute a nuisance and to control lighted signs or other lights in such a manner that no disturbance to neighboring properties will result. Wash waters contained on site. 233 01:10:27.280 --> 01:10:45.360 Lighting will be directed. There really is nothing you can do, I don't think, with the the backup alarms. Those decibb are set by the federal government. I mean, they've got to be a certain decel. I mean, there's when 234 01:10:45.360 --> 01:11:01.679 the wind is right or no wind and on it, you will hear them. >> Yeah. And Mr. Mr. Chair, the only other thing that I could think of was with with that is that there are some um gravel companies that do utilize like a white noise backup alarm which is 235 01:11:01.679 --> 01:11:24.480 significantly reduces that um sound that carries. And so that could be potentially something to look into as well as a mitigation practice. Thank you. The interimm use will not cause an excessive burden on current or 236 01:11:24.480 --> 01:11:40.719 anticipated public infrastructure or services that serve or propose to serve the area, including but not limited to parks, schools, public safety services, roads, water supply, sanitary sewers, storm sewers, unless the county and the applicant 237 01:11:40.719 --> 01:12:00.560 establish a development agreement that determines how such impacts will be resolved. There has been public testimony concerning about the water. They've already uh had some wells that 238 01:12:00.560 --> 01:12:18.480 have been redrilled or had to go deeper. However, they are below. Is that something that >> the commissioners would like me to add to the the findings, the public testimony about water? 239 01:12:18.480 --> 01:14:02.239 >> Yes. >> Concerns. >> I think there was also concerns brought up on in regards to the 90th. What What are the additional hall routes? Does that meet your what you wanted? 240 01:14:02.239 --> 01:14:31.360 Yep. Thank you. Uh The interimm use is allowed by this ordinance con conforms with any specific use standards established in chapter 8 as may be applicable. That's paragraph covers everything I believe 241 01:14:31.360 --> 01:14:53.440 there. The interimm use is consistent with the goals and objectives of the Klay County comprehensive and transportation plan and any comprehensive plan of a township or city as may be applicable. >> Just concerns on the comprehensive piece 242 01:14:53.440 --> 01:15:30.080 in regards to egg land. >> Mr. chair and commissioner um mojo that is noted here as well as the Kurts Township >> any further discussion on the findings effect >> Mr. chair and that the am I correct in 243 01:15:30.080 --> 01:15:46.159 that an interim use permit is not a land use >> uh Mr. Mr. Chair and Commissioner Syen, an interim use permit is is a land use permit, but it is not a land right. >> Land right. >> Yep. So, there are a variety of things 244 01:15:46.159 --> 01:16:01.679 that could trigger the um I guess the termination or revocation of that permit. Um number one being a violation of conditions. Um the threshold is typically much lower for an interim use permit than it is for a conditional use 245 01:16:01.679 --> 01:16:19.679 permit uh for condition violations. uh a a date. Um 99.9% of the batch plants, readymix plants that are in rural Klay County um have a set date that they terminate. Um including the 246 01:16:19.679 --> 01:16:37.040 one to the north. Um that ranges from one year to 5 years to 10 years. Um the only one that doesn't have a specific date is the plant that is on the spring prairie hutterite colony. Um that is the only one in the 247 01:16:37.040 --> 01:17:01.640 county that doesn't have a specific termination date. Okay. Um thank you. staff has gone through and they have come up with 13 um possible 248 01:17:02.400 --> 01:17:22.800 requirements conditions. Um, the IUP shall be effective only after Klay County Planning and Zoning verifies that the opural subdivision plat has been recorded and the property ownership has been transferred from 249 01:17:22.800 --> 01:17:41.600 Steven to Concrete Holdings LLC. Number two, abide by the provisions of the Klay County Land Development and Subdivision ordinance. Three, all necessary township, state, 250 01:17:41.600 --> 01:18:00.320 and watershed permits, Mandot MPCA, Buffalo Red Watershed District shall be obtained prior to operation or vegetative screening shall be planted and maintained around the perimeter as shown on the site plan. 251 01:18:00.320 --> 01:18:16.960 Number five, all wash out and processed water shall be contained and recycled on site. Dust management plan. Applicant shall submit a written dust control plan, including sweeping, watering, and bag 252 01:18:16.960 --> 01:18:37.600 house maintenance prior to operation. All exterior lighting shall be full cut off and directed downward. No glare beyond property lines. All operations shall comply with the MPCA daytime noise standards. 253 01:18:37.600 --> 01:18:55.360 Hours of operations limited to 6 6:00 a.m. to 7:00 p.m. Monday to Friday and 6:00 a.m. to 3:00 p.m. Saturday. No crushing or processing of raw aggregate or recycled 254 01:18:55.360 --> 01:19:12.560 is permitted on site. And I have a question on that. So the cement that comes back that they that they dump out, they can't crush that. And >> it was these are recommend suggested conditions. So it'd be up to you as a 255 01:19:12.560 --> 01:19:29.480 planning commission if you want to if >> you decide to. Yeah. >> Okay. That's what that actually means. Okay. Um truck access limited to paved roadways. No access via township gravel roads. 256 01:19:29.600 --> 01:19:47.440 Annual review of complaints regarding dust, noise, lighting. Additional mitigation may be required if verified. >> And Mr. Chair, there's there was a typo on that last one. Should be 2035, not 25. >> Okay, because I was kind of that would be a short 257 01:19:47.440 --> 01:20:13.360 >> short permit. Intermuse shall permit shall expire on December 31st, 2035. Okay. Any uh so anybody have any questions? >> Mr. Chair and Matt, the last one, you 258 01:20:13.360 --> 01:20:36.040 know, they requested a 20-year. Is this 10 years more of the typical or or is that a negotiated? >> It would be more typical. >> Okay. It's probably on the longer end of typical, but yeah, 259 01:20:36.719 --> 01:21:03.360 >> thank you. Anyone else have any questions or suggested changes or modifications? So, Mr. Chair and commissioners, I just want to make sure that um you know with 260 01:21:03.360 --> 01:21:19.360 your with your findings, if you feel like any of these findings cannot be addressed through conditions, um that should influence your your decision. Um so if you can't make a positive finding or if you feel that um 261 01:21:19.360 --> 01:21:33.280 there is a finding that can't be mitigated by conditions um that would be so that's just the that would be your basis for if you were to deny a permit you would need to have your reasoning 262 01:21:33.280 --> 01:21:50.640 stated in in your findings and that >> okay so I have a question on number 11 so they would abide by their trucks would not would would not use the the township roads, but that wouldn't necessarily affect if a different 263 01:21:50.640 --> 01:22:07.920 company is hauling in raw materials from coming and using the gravel roads. There would no be any enforcement or oversight. That would be it'd be difficult to enforce. you could likely have a condition that that all trucks 264 01:22:07.920 --> 01:22:28.040 all trucks including third party operators um and you could even be specific about the roads too. So if 90th Avenue South is a concern and 80th Avenue is a concern, you could be specific about those roads. 265 01:22:31.679 --> 01:22:46.800 >> Mr. Sure. >> Thank you. Uh so I have a concern in regards to the groundwater. Uh this board has denied permits in the past. One particularly was a basically a storage building that 266 01:22:46.800 --> 01:23:02.880 would not utilize any water consumption and we denied it because we were concerned about the effect of the aquifer. And now we have a proposal that is, you know, potentially utilizing a significant amount of groundwater with 267 01:23:02.880 --> 01:23:20.000 residents within, you know, a decent amount of area. I mean, I just don't know how we mitigate andor anticipate what that could look like. Um, and I look back at the time on this board, I I don't know 268 01:23:20.000 --> 01:23:36.639 if we've ever had a request to utilize a substantial amount of groundwater like this with so many residences close by. To look back on how it affected residences, 269 01:23:36.639 --> 01:23:52.800 >> do you re do you recall anything? >> Um, Mr. Chair and Commissioner Mojo, we've we've had concerns about um gravel pits in the past with dewatering, either if it's just um pumping or just natural 270 01:23:52.800 --> 01:24:07.679 dewatering via evapot transanspiration. Um I would just I the previous um strata now knife river um facility would probably use comparable amounts of 271 01:24:07.679 --> 01:24:25.520 groundwater. I certainly could um work with uh the DNR uh and the applicant um to gather more information if groundwater is used as a concern. Um which it sounds like it is. 272 01:24:25.520 --> 01:24:40.960 Um, you know, I just I think it's important for folks that maybe don't live in that area, to understand that um there are residences by Rustad, which is just south of this site, that have had to go a quarter of a mile to half a mile 273 01:24:40.960 --> 01:24:56.000 into a field to get water and they're less than two miles from the Red River. And so I think just because the site is close to the Red River, the assumption that you have a substantial amount of water available is not necessarily the case. And so I I just don't know how you 274 01:24:56.000 --> 01:25:28.560 mitigate an issue when you don't know that piece. Mr. Chair, what uh and Mr. Jacobson, what was the roughly estimated like households? You know, say it's 750,000 gallons is roughly, didn't we say like 275 01:25:28.560 --> 01:25:43.440 12 homes? >> Yeah, 10 to 12 homes. >> Eight homes. So, if there was a subdivision, you know, possibly around this area. Would that, you know, we do the same thing for that >> on a that on a single well though? That's the That's the difference. 276 01:25:43.440 --> 01:26:00.560 >> That would be probably 12 wells, which it's drawing from the same aquifer. >> Yeah. and really just a pump. >> I'm just trying to justify or how many wells it's all in that same aquifer whether it's one or 15, you know, it's 277 01:26:00.560 --> 01:26:22.639 still drying. Um that's Yeah, and I think we would just do that just looking at at well data um or doing a pump test. But as ter in terms of long-term that 278 01:26:22.639 --> 01:27:11.760 would require further study. Would anybody like to add or retract or modify any of the 13 proposed conditions? Okay, hearing none. Uh, 279 01:27:11.760 --> 01:27:44.320 as the applicant re reviewed those 13 conditions and do you understand and could you live with work within those 13 conditions? people. Can you please go? Jim, come up 280 01:27:44.320 --> 01:28:05.520 to the podium because >> um I think in regards to the crushing, typically what happens on uh a site like that is materials hauled in, you know, recycled material, it's stockpiled and when it gets to certain quantity, normally crushers come in and crush it. 281 01:28:05.520 --> 01:28:21.360 It's it's not like there's continuous crushing there. maybe once a year, once every two years just to recycle the material that's there. Um, that is a pretty integral part of the business. Um, in regards to number 13, the interim 282 01:28:21.360 --> 01:28:37.760 use permit uh to 2035, I know in speaking with Matt, the plant just to the north, and Matt, you can verify that I think you guys just approved a 20-year interim use permit extension on that one as well. >> Yep, that's correct. And that's because that plant had already gone through a 283 01:28:37.760 --> 01:28:54.080 10-year permitting process. So, it it had basically had the, you know, if there had been substantial concerns about it after 10 years, um, it's already, it's a renewal essentially, >> and it initially was not given a 20-year permit. 284 01:28:54.080 --> 01:29:10.400 >> No. >> Right. And and our request for the 20-year permit is due to us putting up a facility. Obviously, you know, for the amount of money that we're going to spend, having a 10-year permit doesn't do us a whole lot of good. And obviously, if there is, you know, 285 01:29:10.400 --> 01:29:26.239 something that we're not doing correctly in our interim use permit can be cancelled, you know, I guess I fail to see the difference between a 10 and a 20-year. I mean, if we're complying with everything that we're supposed to be doing, you know, obviously a 20-year benefits us. 286 01:29:26.239 --> 01:29:42.000 um you know, truck access. Obviously, we're going to utilize main highways. I mean, we we don't want to drive across township roads. Um obviously, unless there's material that's going to need to get delivered 287 01:29:42.000 --> 01:29:56.880 there, so I don't have any issues with that. Um, probably just the the crushing and the interim use permit, the the time period expiration would probably be the biggest items. And then I guess the hour 288 01:29:56.880 --> 01:30:14.840 operation, I guess if ours could mirror whatever the existing plant is to the north, I think that's only fair. Um, other than that, I guess that's I guess my concerns with the conditions anyway. 289 01:30:17.199 --> 01:30:34.400 Yeah. Well, I uh understand and agree with his concern with the crushing because, you know, that does I've worked with coast and other plants where it's you hit it hard for three or four days once a year tops 290 01:30:34.400 --> 01:30:49.040 and it's you're not crushing rock, but it is loud. Um, but I can see that I uh I am stuck on 291 01:30:49.040 --> 01:31:34.639 number 13 though. Do like the 10year permit. So, does anybody and ask again, anybody have any conditions they'd like to modify or to add? >> Mr. Chair and Mr. Jacobson, does the 292 01:31:34.639 --> 01:31:55.840 existing plant north of there have a crushing uh Can are they allowed to crush? >> They do crush. Yeah. In hearing that it seems like it's a short time a few days. I understand the value in having that option 293 01:31:55.840 --> 01:32:16.080 available. Maybe the not sure if the hours would mirror normal operation. If it's credibly loud, I suppose you could restrict the hours a little bit. Okay. So, are you proposing an 294 01:32:16.080 --> 01:32:33.760 elimination of condition 10 and a modification to the hours of operation? >> I suppose it hard to know how many days you would be crushing essentially. Um, 295 01:32:33.760 --> 01:32:54.400 have to need to be at the >> Yeah, I I would say on average maybe once a year for maybe a week to two weeks tops. I mean, it it all depends if you want to. I think when you talking about limiting hours of operations, I 296 01:32:54.400 --> 01:33:10.880 think you're referring to the crushing if it was on site, not the actual Yeah. I mean, and that would be fine. And then obviously if it was limited to, you know, 8 to 4 or whatever normal work hours for the crushing, I guess that would be acceptable. Um, I guess I would request that 297 01:33:10.880 --> 01:33:30.880 the hours of operation at least mirror what the Knife River interim use permit has on their hours of operation, general operation. Anyway, just to make it fair, >> I like the fact that maybe you're not crushing it five or six in the morning 298 01:33:30.880 --> 01:33:45.920 and 8:00. I mean, I could live with that. >> Okay. Are you willing to make a motion to that effect? >> Yeah, I would like you to put some wordage in there about uh the crushing option and 299 01:33:45.920 --> 01:34:02.080 know he mentioned 8:00. Um, Mr. Simson. I don't know if that's exactly what he wants, but >> 8 to five. >> Okay. So, we have a motion to uh mirror the operating hours to the Knife River. 300 01:34:02.080 --> 01:34:27.760 >> No, we don't have a motion. Okay. >> He just put in a >> just to ask him to change this. >> No, we're not. Okay. There be a restriction on would you propose a restriction on the dates on that for no 301 01:34:27.760 --> 01:35:02.960 more than how many days out of the year? took two weeks. >> 10. So 10 10 operating days. >> Okay. And then Mr. Chair and Mr. Jacobson the uh number 302 01:35:02.960 --> 01:35:20.560 12 on my list but I yeah now can you walk through the process if there is a issue uh uh violation I mean how does the process work for everybody to understand it? >> Yeah. If we receive a complaint, we 303 01:35:20.560 --> 01:35:37.520 investigate it. We confirm the validity of the complaint. um we bring it to the um operator or the person who's holding the permit, give them an opportunity to rectify it. Um if it's something that continues to happen, we would bring it 304 01:35:37.520 --> 01:35:59.120 to the permit back to the board to the planning commission um and have a public hearing on revoking the permit. >> Answer your question. >> Yeah. Perfect. >> Well, I uh 305 01:35:59.120 --> 01:36:14.639 looking for a motion to >> Mr. Chair, >> Commissioner Mojo. >> Thank you. I'll make a motion to deny the request because of the conflict with a comprehensive plan in regards to agricultural land and also the inability 306 01:36:14.639 --> 01:36:32.800 to mitigate the water. Okay, >> we have a motion to deny the permit. second. >> Second by Sebastian. Um any discussion, further discussion? 307 01:36:32.800 --> 01:36:50.719 And I'm going to say before we vote that I am in agreement with Jenny for a few different reasons. The the biggest one for me is Kurts Township, the local government um not being in favor of this project along with the local. 308 01:36:50.719 --> 01:37:05.920 So, all those in favor of denying the permit say I >> I >> opposed. >> I need a roll call. Sebastian 309 01:37:05.920 --> 01:37:22.000 >> I >> Brad. >> Josh. >> Hi. >> David understand the the >> and I is the vote to deny the permit. >> Okay. Le 310 01:37:22.000 --> 01:37:42.639 >> and I'ming the permit. >> Hi. >> Nay. Um, didn't actually count, but I believe there are more votes to deny than to confirm. 311 01:37:42.639 --> 01:37:57.360 >> It' be five to three. Five to three. >> Okay. Deny. >> Okay. The the conditional use permit is denied. >> Use permit >> interim use IUP, sorry. The interimm use permit is denied. 312 01:37:57.360 --> 01:38:18.040 Thanks everyone. Moving on to the next hearing. It is Steven and Deborah Ecri. Request for an interimmuse mining permit. The applicant is seeking an interimm use mining permit for gravel mine on parcel ID3 313 01:38:19.679 --> 01:38:37.600 032.100 the northeast quarter and the east half of the northwest quarter of section 32 township 139 north range 45 Holly Township. Do I have a 314 01:38:37.600 --> 01:38:54.880 motion to open the public hearing? Motion by Laura. >> Second. >> Second by Sebastian. All those in favor say I. >> I. >> Opposed. Motion is carried. Public hearing is open. Matt. >> Thank you, Mr. Chair. Yep. This is a 315 01:38:54.880 --> 01:39:10.800 request for an interim use permit for a gravel mine. The applicant uh is representing uh the landowner Steven and Deborah Eri. So, this is a 160 acre parcel uh 1 and a/4 miles southeast of the Klay County landfill in Holly Township. Currently, 316 01:39:10.800 --> 01:39:27.760 it's an agricultural parcel. Uh zoning, base zoning is agricultural general. There is a resource protection biological overlay zoning on the west uh extent of the parcel. Um existing site conditions, there's some prime farmland. 317 01:39:27.760 --> 01:39:44.639 Most of it in the mining area would be that um crop equivalency rating of 61. So that that farmland of statewide importance, there's native prairie um and also wetlands um specifically kind of a rare seepage type wetlands um not 318 01:39:44.639 --> 01:40:02.239 necessarily uh calccarious fen but potential uh and then native prairie as well. And so you can kind of see that here. Um so we got the shrub swamp seepage and then the the wet prairie here. 319 01:40:02.239 --> 01:40:17.600 So for the mining over overview, they'd be looking at construction grade sand and smaller quantities of gravel. Uh be using it for base aggregate back fill and general construction purposes. There could be some limited potential for class 5 aggregate as well. 320 01:40:17.600 --> 01:40:34.159 Um they'd be extracting typical mining um practices, stripping and stockpiling along the um they would use the utilize the northern extent of here for create a burm just for screening because there is a residence to the north. Um 321 01:40:34.159 --> 01:40:49.840 material would be bind using a front end loader and removing sand and gravel from shallow deposits about 15 to 20 ft deep. Um excavated material uh would be stockpiled, screened or crushed and crushing would occur intermittently um for short durations, typically a few 322 01:40:49.840 --> 01:41:06.800 days to a week. Uh no washing or dewatering would occur. Um stock material would be stockpiled on site. They would haul the product off site um basically up uh 200 street south um and then up to 323 01:41:06.800 --> 01:41:22.560 county 12 and then the landfill road. So, county 23. So, following kind of the existing hall route of the mine to the southeast and they use dust control measures um water, magnesium, chloride, 324 01:41:22.560 --> 01:41:37.679 looking to operate April to May through to October through November. Looking at 30 to 50 working days per year depending on market demand. Looking at a 6:00 to 7:00 p.m. time frame, Monday through Saturday. uh have two workers on site, would have sanitary facilities 325 01:41:37.679 --> 01:41:53.520 available, and then service trucks to refuel equipment if needed. Uh groundwater was not encountered during uh the digging of test pits 12 to 15 ft deep. Uh they are not expecting any discharge because storm water is going to be directed towards the center of the 326 01:41:53.520 --> 01:42:11.040 pit uh would percolate na naturally. uh progressive reclamation as mining advances northward um with each mine phase um would be restored using that stock stockpiled top soil really looking at having only 10 to 12 acres open per phase. No permanent water feature would 327 01:42:11.040 --> 01:42:27.760 be anticipated after reclamation. Uh the only comment I received from was from Holly Township and Holly Township would require a conditional use permit uh from their township for this mine. Uh just an additional consideration, the original request is for a 40acre mine. 328 01:42:27.760 --> 01:42:43.600 Just looking at the application, looking at the depth, um that would trigger the threshold for a mandatory EAW. The applicant did do an an EAW. Um would we based on the resource protection biological on the property, we 329 01:42:43.600 --> 01:43:00.159 determined that was not needed. probably the quickest way to get around this would be to only permit 39 acres instead of 40 if that would be agreeable to the to the applicant. Um the comprehensive plan um and looking at how this relates 330 01:43:00.159 --> 01:43:17.520 to the comprehensive plan um we foster and have a goal to foster a balanced approach to aggregate resource extraction uh that is compatible with natural resources and rural character of Klay County requiring adequate buffing buffering um for new mines and expanding mines. Uh 331 01:43:17.520 --> 01:43:33.600 this operation would be over a thousand feet from the nearest residence. Our minimum setback is 500 feet. Um they would construct a burm along the northern edge for screening for visual and noise impacts. Uh and then they basically limiting that seasonal limits 332 01:43:33.600 --> 01:43:48.719 that 30 50 days. Um and then having the weekday hours reduce is that nuisance potential as well. The we have a goal to avoid or mitigate against impacts to groundwater, surface water and native prairie woodlands, wetlands for new or expanding mining 333 01:43:48.719 --> 01:44:05.040 operations. Um, this is going to be all upland crop land. No wetlands were identified or native prairie within that mining footprint. Again, no groundwater was encountered. Um, and the pit floor would remain at least 10 ft above the 334 01:44:05.040 --> 01:44:20.639 water table. The concern, I guess, and this was a concern on the the mine just to the south when that was permitted, is just that Ottabon Prairie Preserve with that um that calcarious potential calccarious fen and just the type of wetlands there. they rely on water 335 01:44:20.639 --> 01:44:39.119 that's uh groundwater flowing um into uh into the wetlands from from the east. Um this site though does have some considerable relief on it. So there's a separation in elevation uh from looking at the eastern part of the property to 336 01:44:39.119 --> 01:44:56.480 the western part of the property. Uh and then there is going to be a 100 foot setback from our resource protection biological zoning district as well. they're not anticipating any dewatering or washing. So that eliminates some further potential um for um groundwater 337 01:44:56.480 --> 01:45:13.360 um impacts and subsequently or consequently wetland impacts as well. Um and then also the fact that there's not going to be a a water feature any open water anticipated as a result of this mining as well. So any natural 338 01:45:13.360 --> 01:45:30.080 dewatering is the risk is limited there. Uh we also require phase end reclamation plans and bonds to ensure mines are reclaimed as mining progressives. So the applicant they plan on just having 10 to 12 acres at a time. Um our minimum bond that we typically require is about 339 01:45:30.080 --> 01:45:45.119 $1,000 per acre. Um they look at returning it back to crop land as well. And then looking at the cumulative impacts of existing nearby mining operations. Um we got a gravel pit to the southeast shares the same hall 340 01:45:45.119 --> 01:46:01.600 route. um up to um it should be county road 10, sorry. And then county county road 2023 did speak with our um county engineer about this and potential impacts and he had no concerns about the hall route. 341 01:46:01.600 --> 01:46:23.679 Any questions for me at all, >> Mr. Chair and Matt, it might be sized down to 39 acres. Correct. >> That would be my recommendation. >> Now, even though that's 160 acres they have, is it going to be 342 01:46:23.679 --> 01:46:39.520 39 acres now or is it a rolling 39 acres? >> It's 39 acres. Yep. >> 39 acres period. >> Yep. Okay. >> Unless they come back for say in five or 10 years and they've hit the 39 acres, there is a three-year look back 343 01:46:39.520 --> 01:46:56.880 for environmental review. Um, so you don't necessarily have to take the previously open, they would basically just have to amend their their inner use permit to allow for more acreage. Um, they couldn't just do it themselves as as we've this that issue has come before 344 01:46:56.880 --> 01:47:12.800 this planning commission in the past. But if they came back and amended their interim use permit um and say they only mined 10 acres the previous three years, they could potentially do another 29 acres if if that was available. Um or 345 01:47:12.800 --> 01:47:29.440 they could do that additional acre. They would just need to amend the permit at >> each 39 acres would be like a separate individual uh permitted. It's not going to if it's touching or connected, it doesn't qualify. Well, it's that it's the three-year look look back rule with 346 01:47:29.440 --> 01:47:45.840 the environmental review that really would trigger that. So, like the mandatory threshold would not be met for anything that is old that has been mined older than 3 years. So, that's why my recommendation would be to just >> set the limit at 39 if um they get to 39 347 01:47:45.840 --> 01:48:00.800 acres and oh my gosh, all of the really high quality gravel just happens to be in that one acre, but they've been mining it for, you know, five or 10 years. they could just simply come back and amend that interim use permit to add 348 01:48:00.800 --> 01:48:27.520 that additional acre. Anyone have any questions or additional questions for Matt? Hearing none, would the applicant care to come up and speak to the project? State your name for the record, please. 349 01:48:27.520 --> 01:48:44.320 >> My name is Bruce Squires. I'm a retired Minnesota state licensed geologist. I've spent I don't know about 50 years in the sand and gravel ready mix concrete and asphalt business. I even 350 01:48:44.320 --> 01:49:02.000 crushed rock in Vietnam. So, um, I really like this project in that we have rolling, if you will, environmental regulations or I don't know what you 351 01:49:02.000 --> 01:49:19.360 want to call it. Just we're going to reclaim as we go. We'll open up like 10 12 acres and then before we as they move into the next 10 or 12 acres, that first area is going to be resloped and the top soils 352 01:49:19.360 --> 01:49:35.520 that have been stripped off the project will be put back in that area so that the people that own the property, the ecies can continue to to mine or mine continue to farm those areas. 353 01:49:35.520 --> 01:49:52.320 So, in the many years I've made permits and things, I've never actually run across one just like this. And I think it's kind of unique because it's not just going to be a big hole. It's going to be a smaller hole. It'll remain a 354 01:49:52.320 --> 01:50:09.360 smaller hole and it'll be reclaimed so that the echaries can return back to farming it, you know, as the mining progresses to the north. So, uh, the area is in the area where there are a lot of other sand and gravel 355 01:50:09.360 --> 01:50:27.520 mines. Um, the whole area is rich with that type of materials on the Echer's property. I think it's a little more sand than it is gravel. and Dave Aspen of Aspen uh excavating and 356 01:50:27.520 --> 01:50:43.679 sand and gravel who is here tonight uh is the gentleman that's going to mine the property and he's really looking for good high-grade fill sand and as I suppose most of you know with all the 357 01:50:43.679 --> 01:51:00.000 clays in the river bot or in the lake bottom Fargo and Morehead um you have to have good quality sand to put under most projects because of the expansive nature of the soils of 358 01:51:00.000 --> 01:51:16.800 the clay in the in the lake bottom. So, if you don't pack things like pipes and fiber cables and all this kind of stuff with sand as your back fill, you know, after you've excavated a a pit, um 359 01:51:16.800 --> 01:51:33.040 you're going to have those products break because the sand's going to expand and break them. So, with the sand, you you eliminate that problem. So, a good grade of, you know, construction sand is 360 01:51:33.040 --> 01:51:48.719 very needed in this community. Um, in fact, if you didn't have good quality sand to buffer the expansive clays underneath, um, a lot of projects would 361 01:51:48.719 --> 01:52:04.639 just crumble. So it does have a very high need and as I said it is in the area of many other pits. Mr. Aspen has been in business in this community for I don't know what 50 years 362 01:52:04.639 --> 01:52:24.080 Dave many many many many years. He's highly respected in the business and if he says he's going to do something he does it and that's how he stays in business because it is a competitive industry that he operates in. So 363 01:52:24.080 --> 01:52:41.760 and again as I said this turned out to be kind of unique with the rolling if you will reclamation process. So um for the last 30 years uh I've worked for Agard Industries in Northern Improvement 364 01:52:41.760 --> 01:52:59.040 and my responsibilities there were property manager geologist and the environmental compliance officer for both those companies. And the way Dave has it laid out this is actually 365 01:52:59.040 --> 01:53:14.400 I'll just say this. It's kind of environmentally friendly because of the rolling reclamation and the fact that he does business in that that form because he lives in this community, you know, he's not managed or 366 01:53:14.400 --> 01:53:36.719 owned by somebody in the cities or whatever. So, he behaves. Any questions? Oh, thank you very much. >> Thank you for your time. >> Anyone else in the audience wish to 367 01:53:36.719 --> 01:53:58.000 speak for or against? Anyone in the audience or online wish to speak for or against? Any and one last time, anyone in the audience or online wish to speak for or against? Hearing none. Look for a motion to close the public hearing. >> So offered. 368 01:53:58.000 --> 01:54:13.520 >> Motion by Jenny. >> Second. >> Seconded by Brad. Laura. Laura. Uh all those in favor say I. >> I. >> Opposed. Motion is carried. Public hearing is closed. 369 01:54:13.520 --> 01:54:30.239 The interimm use will not be injurous to the health, safety, morals, and general welfare of Klay County. Um, this looks like a very good a good project in a good area. The interimm use will not be injurous to the use and enjoyment of other property 370 01:54:30.239 --> 01:54:45.920 in immediate vicinity for the purpose already permitted. Um, it will not the establishment of the interimm use will not impede the normal and orderly development and improvement of surrounding property 371 01:54:45.920 --> 01:55:02.800 for uses predominant in the area. Um, I like the fact that they're publicly stating that they'll do 10 12 acres and then move to the next 10 12 acres and they immediately reclaim. So, you know, farmland, wildlife 372 01:55:02.800 --> 01:55:26.080 habitat, everything will there won't be a 39 acre hole in the ground. That's a very good um is that have I done three? >> Yeah. >> Adequate measures have been or will be 373 01:55:26.080 --> 01:55:42.080 taken to provide utilities, access roads, drainage, off- streetet parking and loading spaces as required by this ordinance. They'll be sharing a hall, a township hall road. Um, 374 01:55:42.080 --> 01:55:58.719 county engineer has no issues with it. Um, adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, vibration, water pollution, and soil erosion so that none of these will constitute a 375 01:55:58.719 --> 01:56:20.719 nuisance and to control lighted signs or other lights in such a manner that no disturbance to neighboring properties will result. No open water. I mean it the interimm use will not create an excessive burden on current or 376 01:56:20.719 --> 01:56:36.800 anticipated public infrastructure or services that serve or propose to serve the area including but not limited to parks, schools, public safety services, roads, water supplies, sanitary sewers, storm sewers. Unless 377 01:56:36.800 --> 01:56:56.920 the county and the applicant establish a development agreement that determines how such impacts will be resolved, the interim use is allowed by this ordinance and conforms with any specific use standards established in chapter 8 as may be applicable. 378 01:56:57.440 --> 01:57:13.119 The interimm use is consistent with the goals and objectives of the Klay County comprehensive and transportation plan and any compre comprehensive plan of a township or city as may be applicable. 379 01:57:13.119 --> 01:57:40.800 There are 17 conditions, 10-year permit, operate within our ordinances. All brand the applicant is or the operator is very familiar with working in 380 01:57:40.800 --> 01:58:01.280 Lake County. Um um I guess number eight is uh you know to uh just to so everybody recognizes that we are looking at approving 39 acres. Okay. Well 38 is works even better than 381 01:58:01.280 --> 01:58:16.880 39. So, um, all mining activities must occur at a minimum 10 ft above the groundwater table and, um, if you're that would be a different permit to come in if you hit 382 01:58:16.880 --> 01:58:32.639 water and needed to do some but >> yeah and Mr. Chair, just on commissioners, just an explanation on that. It's just mirroring the a lot of these conditions are mirroring similar conditions to the um recently permitted 383 01:58:32.639 --> 01:58:51.040 um gravel pit just to the southeast. >> This is okay. Um and including 17 that is that 384 01:58:51.040 --> 01:59:06.480 I know we were working on. I think that's a that would be the probably the one difference just based on um I know that the planning commission has expressed or has not not only expressed but basically um stated that uh 385 01:59:06.480 --> 01:59:25.679 operating hours for all newly permitted or renewed um mining operations be consistent across the county. >> And this does reflect that? >> Yes. Anybody on the board wish to comment on any of 386 01:59:25.679 --> 01:59:50.960 the 17 conditions? Um, does the applicant and operator understand and able to um comply with Okay. Hearing nothing further. Look for a motion to deny or approve 387 01:59:50.960 --> 02:00:12.280 the permit. Mr. >> Chair, I'll motion to approve uh conditions 1 through 17. >> A motion by Brad to approve the permit with all 17 conditions as provided by staff. Second by Kurt. Any discussion? 388 02:00:13.199 --> 02:00:34.000 >> Hearing none. All those in favor say I. I >> opposed. Motion is carried. IUP is granted. Thank you everyone. Next on the list, uh Victoria Luck, 389 02:00:34.000 --> 02:00:49.199 request for an interim use permit. The applicant is seeking an interimm use permit for a dog boarding kennel on parcel ID 26.018. 018.0201 0201 part of the government lot section 8 lot 390 02:00:49.199 --> 02:01:06.639 one section 18 township 138 north range 45W scree township look for a motion to open the public hearing >> motion >> second by Josh >> second 391 02:01:06.639 --> 02:01:23.360 >> second by Sebastian all those in favor say I >> I motion is carried public hearing is open >> thank Thank you, Mr. Chair. Yes, this is request for an interim use permit for a kennel. Applicant is Victoria Luck, the owner of Richard and Lisa Burns. >> What are we doing back here? 392 02:01:23.360 --> 02:01:46.800 >> Can we Sorry, it's just distracting. >> All right. Sorry about that, Mr. Chair. Uh, this property is a 12.4 acre parcel. It's about um this is wrong information. I'm sorry. It's residential. It's in Scree Township just north of 393 02:01:46.800 --> 02:02:01.920 Barnesville. Uh the base zoning is agricultural general. The overlay zoning is resource protection aggregate. Some details about the project. The um kennel capacity looking at an average of 20 dogs, maximum of 40 be new 394 02:02:01.920 --> 02:02:17.840 construction, insulated runs, sound absorbing materials, indoor climate control, be an outdoor exercise area that's fenced. um be looking at a 6 6 a.m. drop off to um and looking at outdoor activity being limited uh from 395 02:02:17.840 --> 02:02:33.760 7:00 a.m. to 9:00 p.m. For noise mitigation, that'd be the building design insulation. There is a significant separation from the nearest residence 600 ft. Looking at existing and enhancing the vegetative buffers um just restricting the outdoor activity 396 02:02:33.760 --> 02:02:50.400 during quiet hours. For waste management, they'd have solid waste collected daily and stored in sealed containers, removed by a licensed hauler. Uh and then locating that at least 100 feet from wells or septic systems. Uh the use would be a minimum of 100 ft from all property lines and wells. And then just noting that 397 02:02:50.400 --> 02:03:08.159 reviewing this, it does maintain or is exceeds the standards for kennels found in our code. We have not received any uh comments from the public or the township. Uh again, just with our um the IEP request that was uh heard um uh for 398 02:03:08.159 --> 02:03:23.920 the the concrete readymix plant just with being an IEP because this would transfer um ownership that we would the IEP must become effective only after that ownership transfer has occurred uh and is verified by planning and zoning staff 399 02:03:23.920 --> 02:03:40.080 for our comprehensive plan and how this how this proposal relates to our goals and objectives. We have a goal to recognize the diversity of living in small scale. It's a real business would be compatible with the surrounding residential and egg uses. Uh we also encourage commercial industrial 400 02:03:40.080 --> 02:03:56.400 development that is in harmony with the egg and real character of Klay County and to avoid or mitigate against commercial and industrial development that increases the potential for land use conflicts with rural residential egg uses. Um the applicant in this case has incorporated noise mitigation setbacks, vegetative screening as well as distance 401 02:03:56.400 --> 02:04:21.679 to reduce any potential impacts on nearby residences of which there is just one. So any questions for me at all? Okay. Would the applicant uh care to come up and speak? 402 02:04:21.679 --> 02:04:38.159 >> We your name for the record. And >> Hi, I'm I'm Victoria Luck and um I just wanted to mention that the seller of the um property is uh family to the neighbor that's to the north and they allowed me 403 02:04:38.159 --> 02:04:55.119 to uh they gave me his number and I gave him a phone call and um let him know what I was planning to do and asked if he had some concerns. and he just said that um just no barking dogs late at night and otherwise he's happy with it. So just wanted to mention that I did 404 02:04:55.119 --> 02:05:10.719 that little part there. So yeah, that's >> and you are intending or you already you live on site or you >> No. So we are um this permit is contingent on us closing. Um, so we 405 02:05:10.719 --> 02:05:28.639 would be we would close on Friday and then um begin planning. We would build in spring. We're not going to do anything over the winter, but um yeah. Yeah, we don't we live in West Fargo. Um I have um worked at Doggy 406 02:05:28.639 --> 02:05:46.560 Daycare as a handler and um like a kennel technician. And then I also own a um I've ran my own dog boarding or I'm sorry pet sitting and dog walking company for the last five years. So which has been successful. I was a um 407 02:05:46.560 --> 02:06:02.560 safety coordinator for um a a contracting company that worked on the wastewater treatment plant. So I kind of know a little bit about disposing of waste as well. So that's kind of one would be big concern. And I'm going to live there too. So I don't want to be 408 02:06:02.560 --> 02:06:28.400 bothered by the kennels either. So >> yeah, there is a home on the site on the um property and then so we would live in the house that's there and then we would build the kennels on the there's that like shelter belt there and then there's some trees starting to grow. So we'd put 409 02:06:28.400 --> 02:06:48.960 the kennel kind of up up on that. So mitigate the noise and then put some more trees around it too. >> Trees are very effective for noise mitigation. >> Yeah. >> Any Josh, 410 02:06:48.960 --> 02:07:04.639 >> I just have a question or two maybe. So this is just going to be like a daycare and boarding kind of situation. No grooming services or anything like that. >> Yeah. Um, so we would do the initial initially, yes, just grooming or I'm 411 02:07:04.639 --> 02:07:20.719 sorry, just boarding and daycare. Um, I wouldn't I would like to do grooming down the road. Um, >> but if that's a that's that's a not if you oppose the grooming, then that would be no problem. >> Just curious about the traffic kind of 412 02:07:20.719 --> 02:07:37.280 >> Oh, sure. If it's strictly going to be, you know, morning drop off and evening pickup or if there'd be daily in and out or or whatnot. >> Yeah. >> Then how big I guess maybe you already said how big is the dog run or fenced area? >> So I mean I guess it kind of I kind of 413 02:07:37.280 --> 02:07:54.239 wanted to work with you guys. So, what um I was thinking was to start out with a like a 30 by 40 building and then doing probably about the same in a fence on the outside of it. They wouldn't have 414 02:07:54.239 --> 02:08:10.800 their own individual runs though. They would all be indoors and then let out with staff. >> Common common play area. >> Yeah. Yes. >> Thank you, >> Mr. Mr. Chair and Matt um 415 02:08:10.800 --> 02:08:29.280 for Miss Lux u venture here would it be beneficial because I know a lot of dog boarding places incorporate many other services. Is that substantially change your request if those were included right now 416 02:08:29.280 --> 02:08:45.199 or are those kind of could those be attached? I mean, whatever you might be feeling you would like to do or would she need to come back for that? >> Um, Mr. Chair and Commissioner Second, no, that wouldn't impact that. It wouldn't have she wouldn't have to 417 02:08:45.199 --> 02:09:01.360 substantially change if she wanted to do grooming um or anything like that unless you specifically stated no grooming as a condition. Um, but typically when we look at dog boarding, we kind of think about all of those um I guess services. 418 02:09:01.360 --> 02:09:17.599 I wasn't sure if she didn't want to ask that question, so I asked it for you. >> Yeah, I appreciate that. When you did, I was like, "Yes, because I we're going to start here, you know, with and that I would like to grow, but I don't want I when I worked at doggy daycare when we 419 02:09:17.599 --> 02:09:33.199 had 80 dogs on a holiday, that's insane. No, thank you." And frankly, I don't want the liability either. So, I would I'd like to grow, but I don't want to be huge or anything. But with dog boarding, they do get kind of stinky. So to send 420 02:09:33.199 --> 02:09:56.400 them home clean would be nice. >> Thank you. Hearing no other questions. Anyone else? Thank you for coming up. Is there anyone in the audience or online that wishes to speak for or against? Is there anyone in the audience or 421 02:09:56.400 --> 02:10:12.079 online that wishes to speak for or against? Is there anyone in the audience or online that wishes to speak for or against? Hearing none, I'll look for a motion to close the public hearing. >> Motion by Laura. 422 02:10:12.079 --> 02:10:32.000 >> Second. >> Second by Commissioner Mojo. All those in favor say I. >> I. >> Opposed. Motion is carried. Public hearing is closed. go through the findings of fact. Um, the interimm use will not be 423 02:10:32.000 --> 02:10:48.400 injurous to the health, safety, morals, and general welfare of Klay County. Everything is handled there. The interimm use will not be injurous to the use and enjoyment of other property immediate vicinity for the purpose 424 02:10:48.400 --> 02:11:05.520 already permitted. Um, nearest resident is over 600 ft away. she has reached out. Um the hours permitted hours cover anything that I would anticipate is 425 02:11:05.520 --> 02:11:23.040 the establishment of the interimm use will not impede the normally and orderedly development and improvement of surrounding property for uses predominant in the area. This is exactly what one of the things 426 02:11:23.040 --> 02:11:45.760 that we're trying to promote in Klay County. So, adequate measures have been or will be taken to provide utilities, access roads, drainage, and off- streetet parking and loading spaces as required by this ordinance. We'll have to follow all the the rules 427 02:11:45.760 --> 02:12:02.800 and they're they're easily very easy to find out what the requirements are going to be. So, um I I have one question though on the be probably for Matt on the septic system 428 02:12:02.800 --> 02:12:20.560 for the kennel. If you're going to be doing um you know any kind of you know washing or bathing, you're going to need somewhere for that gray. is a will she be required to put in and is that is a second septic allowed? 429 02:12:20.560 --> 02:12:39.840 >> Um, Mr. Chair, a septic a separate septic would be allowed. I know Kent is on on the line and maybe he could speak to that. >> Can >> Hello. Yes, this is Kant here. Um, yes, in regards to that, um, there are a 430 02:12:39.840 --> 02:12:57.280 couple of options. Uh, one is that there is a holding tank that is designated for that uh, location, wherever those plumbing fixtures may be. Um, another uh, I I I can't speak for sure on this one, just kind of going off 431 02:12:57.280 --> 02:13:13.360 memory from a few years ago. Um, I believe there was some discussion with the state on uh dog waste into the septic system and if I do recall I believe that was um more or less allowed but I I don't 432 02:13:13.360 --> 02:13:32.639 want to say that for sure but um overall there are options available. >> Okay. Thank you. And it's important that the options be available and the applicant understands the potential cost. 433 02:13:32.639 --> 02:13:49.119 Um and no new public utilities. Um, adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, vibration, water pollution, and soil erosion so that none of these will constitute a 434 02:13:49.119 --> 02:14:05.599 nuisance and to control lighted signs or other lights in such a manner that no disturbance to the neighboring properties will result. Um, daily west waste collection is a requirement and they're going to be living on site. So that's 435 02:14:05.599 --> 02:14:21.679 you're going to do that. Uh the interimm use will not create an excessive burden on current or anticipated public infrastructure or services that serve or proposed to serve the area including but not limited to 436 02:14:21.679 --> 02:14:37.920 park schools, public safety services, roads, water supplies, sanitary sewers, storm sewers. Unless the county and the applicant establish a development agreement that determines how such impacts will be resolved. Um 437 02:14:37.920 --> 02:14:54.520 this will be you know personal automobile travel. It's not a gravel trucks or semis or Jake brakes cruising up and down. 438 02:14:55.440 --> 02:15:12.000 The interimm use is allowed by this ordinance and conforms with any specific use standards established in chapter 8 as may be applicable. It is consistent. Interimm use is consistent with the goals and objectives of the Klay County 439 02:15:12.000 --> 02:15:33.280 comprehensive and transportation plan and any other comprehensive plan of a township or city as may be applicable. Staff has developed eight conditions and one of them is something we're familiar with. this 440 02:15:33.280 --> 02:15:48.639 wouldn't take effect until a property transfer because this is going to would be specific to her. Um maximum number of dogs is 40. 441 02:15:48.639 --> 02:16:07.760 Uh hours of activity of outdoor activity are 7 to nine. Um 6 a.m. drop off is very common. uh noise mitigation measures described in the application. She's got insulated building, limited 442 02:16:07.760 --> 02:16:24.880 outdoor use, vegetative buffering shall be ma maintained for the duration of the use. She also mentioned she was going to be planting more trees. Um, solid waste shall be collected daily, stored in sealed containers, and disposed of by a licensed waste hauling 443 02:16:24.880 --> 02:16:44.319 service in compliance with applicable state and county standards. Um, it also said that it's a possibility of septic tank holding tank. There is the outdoor play area shall be fully fenced and maintained in good condition 444 02:16:44.319 --> 02:17:03.679 to contain all animals. The IUP shall terminate upon cessation of kennel operations or a transfer of property ownership, whichever occurs first, unless otherwise renewed in accordance with 445 02:17:03.679 --> 02:17:23.920 8-11-8. The operator shall obtain and maintain any other require permits or licenses related to animal boarding as required by state or local authorities. Um thing to keep in mind with where you're putting your potentially putting 446 02:17:23.920 --> 02:17:45.840 your building is where your well is. You'll need to maintain 100 ft from the pins. >> Okay. Mr. Chair, the applicant does have one question and you she can 447 02:17:45.840 --> 02:18:08.319 >> Yes, I will allow. Absolutely. >> So, when I came up with my numbers, I've I was wanted to ask you guys what you thought that number should be, that 40. What if I don't want to get in trouble if I have 41 dogs, you know? So, how 448 02:18:08.319 --> 02:18:25.679 many dogs have you seen or the applications go for? >> Can I be frank? >> Yeah. Well, for me, >> um I'm only permitted for 25 >> and 449 02:18:25.679 --> 02:18:42.639 we've been in business 10 years and nobody's ever came and counted dogs. >> Okay. I mean holidays happen, >> right? >> So, >> okay. When I submitted, I was I asked that and they're like, "Well, you guys 450 02:18:42.639 --> 02:18:59.040 will discuss it." They may say you can do this many, you may say more or less. So, I just didn't want to get pigeonhold right now on 40th. >> I would say you'd want to be close, though. I mean, I >> Well, yeah. >> Right. Right. I just I'm I'm thinking 451 02:18:59.040 --> 02:19:16.639 about five ten years from now if I built another building would I well let's say if I built another building in 5 10 years would I come back and re apply or amend >> you would ask for a modification of your IUP because you're still the it just be 452 02:19:16.639 --> 02:19:31.359 a modification because you're still the land owner you're still the business owner because that IUP is to you >> okay cool >> it's not to the property >> got it >> mean while you and the property together, >> right? >> Yeah. Okay, >> Mr. Chair, she could certainly, you 453 02:19:31.359 --> 02:19:47.840 know, in 5 to 10 years ask for a um amendment to her interim use permit for that. >> Thank you. >> It's a simple process, but yeah, that with you know, 20 candles and 40 that, you know, doubling up that's 40 is a good number. 454 02:19:47.840 --> 02:20:12.800 >> Okay, great. Thank you. Okay. Well, I guess that takes care of the question. Does do you do you understand and will you be able to abide within the eight conditions that we have on there? 455 02:20:12.800 --> 02:20:29.280 Um, anybody else have any questions or comments for Matt or for the applicant? Hearing none. Look for a motion to deny or to approve the permit with the eight conditions. >> Move to approve. 456 02:20:29.280 --> 02:20:44.560 >> Motion by Sebastian to approve. >> Second. >> Second by Kurt to approve. Um any further discussion? Hearing none. All those in favor say I. >> I. >> Opposed. Motion is carried. IUP is 457 02:20:44.560 --> 02:21:06.720 granted. Congratulations. You just bought yourself a job. Um, next hearing is a Timothy and Jane Nephew request for a conditional use permit. The applicant is seeking a 458 02:21:06.720 --> 02:21:22.240 conditional use permit to convert an accessory use to a principal use on parcel ID 24.002.1800, 002.1800 the fractional east half of the northeast quarter section 2 township 459 02:21:22.240 --> 02:21:38.399 138N range 44W Park Township. Look for a motion to open the public hearing. >> So moved. Second. >> Motion by Sebastian, second by Brad. All those in favor say I. >> I. 460 02:21:38.399 --> 02:21:54.960 >> Opposed. Motion is carried. Public hearing is open. >> Matt. >> Thank you, Mr. Chair. Yes, this is a conditional use permit request to convert an accessory use to a principal use. Um, this property is located uh northwest of Turtle Lake and it's about 3/4 of mile east of County Road 37. It 461 02:21:54.960 --> 02:22:11.280 is rural vacant land. There is a small shed and hoop structure uh that were placed on the property in the late 1990s. Uh, a lot of zoning going on in this property base zoning's egg general. Um, there's also general flood plane resource protection, biological and shoreland special protection. So the 462 02:22:11.280 --> 02:22:28.800 request is to construct a roughly 1,200 square foot um building just using it for personal use and storage. There wouldn't be any electricity or utilities. Uh the one thing that did come up with this is just looking at um Nest Lake and its receding and um rising 463 02:22:28.800 --> 02:22:44.960 uh water levels throughout the years and where the proposed building is going to go. This is kind of a blend of 2013 and 2025 imagery. Um this blue here, get over here. This kind of shows where the water was in 2013. 464 02:22:44.960 --> 02:23:00.640 Um and then this is its current level today right here. And the structure would be we're kind of roughly in in this area right here. Had um extensive uh applicants or disc had discussion with the with the applicant. and he's aware of the water levels and is 465 02:23:00.640 --> 02:23:16.479 confident that the placement would not um be susceptible to to future flooding. Um we just be looking at probably with shoreland rules um placing it about 3 ft higher than what the um um water level 466 02:23:16.479 --> 02:23:32.960 would be, which in this case would be about 1,347 feet above uh sea level. You can see from the um um elevation contours here that that there is a pretty significant it starts to to rise pretty significantly here. So I'm confident 467 02:23:32.960 --> 02:23:49.439 that that's not going to be an issue at all. Uh with the comprehensive plan um again with our uh goal for uh protecting um egg areas wouldn't take any prime farmland out of production. Um with our shoreland goals to reduce development 468 02:23:49.439 --> 02:24:06.000 pressure on in natural environment lakes. This would meet all applicable shortorland shoreland regulations. Um and then we also have a goal to protect and enhance remnant tracks of native prairie and forest for the benefit and enjoyment of Klay County residents and visitors. So this is in that resource protection biological overlay zoning 469 02:24:06.000 --> 02:24:21.920 district. There's maple basswood forest community mixed emergent marsh um would occur this would occur in an area that was classified as previously disturbed land. might be a good idea just to have a wetland consultation um before placing the structure and that might just be a 470 02:24:21.920 --> 02:24:45.840 simple like desktop review or or site visit. So um any questions for me at all? >> No, it looks uh good. The only thing I'd like to add is just to um thank the nephews for their patience tonight. I really appreciate 471 02:24:45.840 --> 02:25:03.280 it. I apologize that the the hearing has gone these hearings have gone so long. So, thank you for your patience. >> And now if uh anybody else have any questions or comments for Matt? I had some concerns with the with the distance, but you know, takes a lot of 472 02:25:03.280 --> 02:25:22.880 water, you know, say say that 2013 level was a 100redy year flood plane. I mean there there's a lot more water that's got to go before this gets wet. So >> yeah and Mr. Chair and commissioners I know the applicant has owned the property since the '9s and so would be 473 02:25:22.880 --> 02:25:41.120 able to speak to any uh about the the water levels as they've varied throughout the years. >> Hearing no other questions for Matt. Would the applicant care to speak to the merits of their project? >> Hi, I'm Tim Nephew. This is my wife 474 02:25:41.120 --> 02:25:57.200 Jane. >> Okay. Please state your come up to the >> Sure. My wife Jane back here. I'm Tim Nephew. Um we had a property for 30 years roughly. Uh it's storage shed we're going to put out there. Um it it says no electricity, but I probably we have a standing electricity out there, 475 02:25:57.200 --> 02:26:11.920 but we'd probably run electricity the shed. So um other than that um it's mainly going to be used for storage uh the wetland location the overlays and Matt if I talked to him a little bit about this too is um that was the you know aberration really that was the 476 02:26:11.920 --> 02:26:28.800 years of the uh if you all remember Turtle Lake rose everything rose all those years and talking to the neighbors who have lived there you know 75 years um that has never been like that before we don't see it coming again I haven't 477 02:26:28.800 --> 02:26:44.319 seen seen it rise. It's done anything but just gone down and I'm probably a little bit further west even from where that is. So, and the elevation kicks up quite a bit. So, I'm not concerned about flooding or anything through there. So, 478 02:26:44.319 --> 02:27:00.800 other than that, any questions you'd have for me? Well, >> you took care of mine. Why would you build that storage shed and not be able to turn a light on? >> Yeah. Well, that's that's right. >> Okay. Thanks, You're waiting two hours. 479 02:27:00.800 --> 02:27:16.160 It's the least. >> I'm I'm just glad those people weren't here to object to me is what I was concerned about for a minute there. The Turtle Lake Posi. >> Okay. Um, is there anyone online or in 480 02:27:16.160 --> 02:27:34.000 the audience that wishes to speak for or against this project? >> Jim Sheridan >> online that wishes to speak for or against. third time. Is there anyone in the audience or online that wishes to speak for or against? Hearing none. All those 481 02:27:34.000 --> 02:27:57.760 uh look for a motion to close the public hearing. >> Second. >> Motion by Laura, second by Kurt. All those in favor say I. >> I. >> Opposed. Motion is carried. Public hearing is closed. The interimm use will not be injurous to 482 02:27:57.760 --> 02:28:19.040 the health, safety, morals, and general welfare of Klay County. Oh, I've got same thing, but it's still the wrong. Here we go. Timothy and Jame. Yep. The conditional use will not be injurous to the health, safety, morals, and 483 02:28:19.040 --> 02:28:41.920 general welfare of Klay County. >> Mr. Chair, I did just modify that draft finding to include the electricity just now on the screen. >> Okay. The conditional use will not be injurous to the use and enjoyment of other 484 02:28:41.920 --> 02:29:05.040 property in the immediate vicinity for the purpose already permitted. Establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses predominant in the area. Adequate measures have been or will be 485 02:29:05.040 --> 02:29:23.760 taken to provide utilities, access roads, drainage and off- streetet parking and loading spaces as required to this by this ordinance. Adequate measures have been or will be taken to prevent or control offensive order odor, fumes, dust, noise, 486 02:29:23.760 --> 02:29:49.359 vibration, water pollution, and soil erosion. So that none of these will constitute a nuisance and to control lighted signs or other lights in such a manner that no disturbance to neighboring properties will result. The conditional use will not create an 487 02:29:49.359 --> 02:30:05.359 excessive burden on current or anticipated public infrastructure or services that serve or proposed to serve the area including but not limited to parks, schools, public safety services, roads, water supplies, sanitary sewers, and storm sewers. Unless the county and 488 02:30:05.359 --> 02:30:21.600 the applicant establish a development agreement that determines how such impacts will be resolved, the conditional use is allowed by this ordinance and conforms with any specific use standards established in chapter 8 489 02:30:21.600 --> 02:30:39.000 as may be applicable. The conditional use is consistent with the goals and objectives of the Klay County comprehensive and transportation plan and any comprehensive plan of of a township or city as may be applicable. 490 02:30:44.080 --> 02:30:59.359 Okay. So just limited number of conditions that staff has this the use is strictly personal. No commercial activity is to occur on the property. 491 02:30:59.359 --> 02:31:14.160 Can't be rented out for storage. It's you know it's got to be your own. And the floor of the structure must be at 1347 ft above sea level or higher. 492 02:31:14.160 --> 02:31:32.880 And I was wondering on uh you know lighting shall be minimal and oriented to avoid disturbance of neighboring properties. I don't know how close >> Yeah. Please come up to there because I'm going to ask you sir, what are you looking for now that we've established 493 02:31:32.880 --> 02:31:49.359 that you're going to have electricity? >> Yep. >> You're going to have a yard mean a yard light a building light on? probably not a yard light full-time anyway, but but um it's down where this is located is actually down low and neighboring properties. My neighbor to my uh to the 494 02:31:49.359 --> 02:32:05.040 west of me, Josh Olsen, I'm lower than his property even. He couldn't probably even see. And there's tree cover throughout the whole area. It's heavily heavy oaks and and things like that in there. So, I don't think there's going to be a lot of uh light issues and we're 495 02:32:05.040 --> 02:32:21.760 not going to be having any sense of lights or anything like that. >> Exact. I know that I we put up a we redid a building that went down and um somebody wanted a yard light on there and that lasted two nights and I turned it off because I lived there and I couldn't handle it. 496 02:32:21.760 --> 02:32:36.800 >> Yeah. >> I want dark out my window. >> Yeah. And you don't Yeah. The neighbors have yard lights. So, I mean, Sue, you know, I mean, farm lights, you know, in their yard. So, I don't think it's going to be any issue, but I don't think I don't even anticipate doing that. So, >> okay. 497 02:32:36.800 --> 02:32:53.600 >> Does anybody else have any questions or comments for the applicant? >> Just real quick >> question. >> Number four in the finding facts that won't make any difference to him adding electricity to that now, just because it's talking about utilities being added. There's an NA there now. I just just want to make sure there's no issues 498 02:32:53.600 --> 02:33:16.600 for him later on down the road. I think we could just say that utilities because electricity has already been run to the property. Um so there we could we could change this finding if you're agree to um um electrical 499 02:33:16.960 --> 02:33:31.920 utilities the property is serviced by electricity >> but doesn't number four cover that adequate measures have been or will be taken to provide utilities electricity. >> Yep. It was just NA before. >> Okay. Yep. >> Yeah. >> Okay. >> Just want to make sure he's clarified in 500 02:33:31.920 --> 02:33:48.000 case somewhere down the road later years down the way some Wait a second. >> There's this. Okay. I see what you're >> Okay. >> Protection. >> We're golden. >> Good. >> Okay. >> Anything else? 501 02:33:48.000 --> 02:34:02.640 >> Thank you. >> Yep. Thank you. >> Um I'm assuming you Oh, yeah. One more question for Can Do you understand and could you can you abide by the the two com conditions that we have that the staff has listed? >> Yes. 502 02:34:02.640 --> 02:34:21.840 >> Jane. Yes. Okay. Look for a motion to deny or to issue the permit. >> Mr. Chair, I'll make a motion to approve the request. >> Motion by Jenny. >> Second. 503 02:34:21.840 --> 02:34:43.280 >> Second by Kurt. Any discussion? Hearing none. All those in favor say I. I. >> Opposed. Motion is carried. Permit is granted. Let's see, Matt. Unfinished business. >> Uh, no unfinished business, Mr. Chair. 504 02:34:43.280 --> 02:34:59.359 >> And then under anything other anything uh other than Ashley on the new business? >> Um, yeah. The only thing I'd like to note is for our December meeting, um the county uh truth and taxation um hearing was rescheduled to Tuesday, December 505 02:34:59.359 --> 02:35:13.120 16th. that goes from 6:00 p.m. to 700 p.m. And so I was hoping that maybe we could look at re um we don't have any applications yet. Uh we have one maybe potential that might be submitted but 506 02:35:13.120 --> 02:35:34.800 looking at um looking at uh >> it's also the not guaranteed to be an hour. >> Yes. Yep. looking at just rescheduling our our time of our planning commission meeting to 7:30 start 507 02:35:34.800 --> 02:35:57.359 potentially or we could just move it to January. >> Well, I am not opposed to that. >> I'm just going to say that's when the public typically comes and provides feedback. We've had nights where no one's shown up and I mean Sebastian knows this. you can have nights where 508 02:35:57.359 --> 02:36:12.960 lots of people show up. So, I'd hate to have a conflict and >> okay, we couldn't we could it would be difficult to reschedule to another time in in December, but so we could just push to January if that's what the board the plan. >> So, then we are going to do the same 509 02:36:12.960 --> 02:36:31.280 thing we did board of adjustment. Let's look at January 27th. >> Yep. Correct. >> I'm fine. >> Okay. I see some nods and Okay. Um and then regarding Ashley, we make a 510 02:36:31.280 --> 02:36:45.840 recommendation to the county commissioners, I'm assuming. >> Yes. So, um Ashley uh has completed her first term and looking for uh reappoint um a recommendation for reappointment to uh her her second uh term on the 511 02:36:45.840 --> 02:37:03.040 planning commission. Um I have spoken with her and she does wish to um serve again for a second term. She's um wishes she could be here tonight. Uh one of her sons had a a band concert so 512 02:37:03.040 --> 02:37:20.399 conflict there but >> Okay. Um >> move to nominate Ashley for a second term. A motion by Brad. >> Seconded by Kurt to nominate Ashley for a second term. 513 02:37:20.399 --> 02:37:36.080 Uh any discussion. All those in favor say I. >> I. >> Opposed. Motion is carried that we pass this on to the county commissioners. Anything else? >> That's all that I have at this time, Mr. 514 02:37:36.080 --> 02:37:56.319 Chair, unless anyone else has anything that they want to add. >> I'm looking for that last motion of the night. Motion to adjurnn made by Laura. Pardon >> and a second. >> Second by Kurt. All those in favor say I. >> I. 515 02:37:56.319 --> 02:38:01.319 >> Opposed. Motion is carried. Thank you.