Agenda spine

10 items as recorded in the packet and minutes.

1. A1Call to Order

   Call to order noted in minutes; no vote recorded.

   No action
   p. 1↗Meeting Planning and Zoning Commission Meeting — Minutes (2022-10-25)CALL TO ORDER Chair Ames called the meeting to order at 7:05pm.0:42↗chairman Ames here commissioner bees here did I say that correctly yep okay commissioner Carlson

2. A2Pledge of Allegiance

   Pledge noted; no vote recorded.

   No action
   p. 1↗Meeting Planning and Zoning Commission Meeting — Minutes (2022-10-25)Those assembled recited the pledge of allegiance.

3. A3Roll Call

   Attendance recorded in minutes.

   No action
   p. 1↗Meeting Planning and Zoning Commission Meeting — Minutes (2022-10-25)Present: Ames, Carlson, Haapala, Jorgensen, Bies, Absent: Lewis, Pearo Also Present: Liaison Pilon, Planner Stockman, and City Administrator Lehner0:42↗chairman Ames here commissioner bees here did I say that correctly yep okay commissioner Carlson [0:50–1:03] here commissioner hopla here commissioner Jorgensen here commissioner apparel commissioner Lewis [1:04–1:17] let me repeat on here planter Stockton here and City administrator Landers further

4. A4Approve/Amend tonight's meeting agenda (October 25, 2022)

   Approved
   PDF↗Meeting Planning and Zoning Commission Meeting — Agenda Packet (2022-10-25)· Approve/Amend tonight's meeting agenda of October 25, 2022.p. 1↗Meeting Planning and Zoning Commission Meeting — Minutes (2022-10-25)MOTION BY CARLSON, SECOND BY HAAPALA TO APPROVE THE AGENDA FOR TONIGHT'S MEETING. MOTION CARRIED. FIVE (5) AYES.1:14↗thank you now we need an approval or amended tonight's meeting agenda on October 25th is [1:23–1:36] someone like to make this motion to approve this tremendous commissioner Carlson I made the motion do we have a second a second [1:33–1:54] commissioner hippola maybe a second uh any discussion CNN I'll call for load al…

5. A5Approve/Amend meeting minutes of July 26, 2022

   Approved
   PDF↗Meeting Planning and Zoning Commission Meeting — Agenda Packet (2022-10-25)· Approve/Amend meeting minutes of July 26, 2022.p. 1↗Meeting Planning and Zoning Commission Meeting — Minutes (2022-10-25)MOTION BY BIES, SECOND BY AMES TO APPROVE THE MEETING MINUTES OF JULY 26, 2022. MOTION CARRIED. FIVE (5) AYES.1:50↗approve amend the meeting of July 26 2022 uh minutes [2:09–2:20] motion approve of those minutes in July 22nd 2017. Mr bees made the motion somebody might [2:18–2:31] make a second I'll second it any discussion being none all in Vegas say hi hi [2:30–2:42] okay there's no opposition so it carried

6. 1PUBLIC HEARING: Variance request at 20885 Engen Blvd (Bear Lake OHWL setback)

   Consider a Variance request at 20885 Engen Blvd. to allow a new residence 100 feet from the OHWL of Bear Lake (50 foot variance, PID 17-33-25-42-0003)

   Commission approved its recommendation with conditions and follow-up tasks (DNR contact, City Attorney contact re: driveway easement, and demolition permit for old house).

   • Polgreen Bear Lake variance
   • 20885 Engen Blvd
   • shoreland variance

   Approved with conditions
   PDF↗Meeting Planning and Zoning Commission Meeting — Agenda Packet (2022-10-25)1. 7:00 PM: PUBLIC HEARING: Consider a Variance request at 20885 Engen Blvd. to allow a new residence 100 feet from the OHWL of Bear Lake (50 foot variance, PID 17-33-25-42-0003)p. 1↗Meeting Planning and Zoning Commission Meeting — Minutes (2022-10-25)ITEM 1. PUBLIC HEARING: 20885 ENGEN BLVD; CONSIDER A SHORELAND SETBACK VARIANCE TO ALLOW A NEW RESIDENCE 100 FEET FROM THE OHWL OF BEAR LAKE. PIN 17-33-25-42-0003.p. 2↗Meeting Planning and Zoning Commission Meeting — Minutes (2022-10-25)BIES MADE A MOTION TO APPROVE A 50-FOOT VARIANCE FOR 20885 ENGEN BLVD. SUBJECT TO THE CONDITIONS AS OUTLINED IN THE PLANNING REPORT and: a. Planner Stockman contacts the DNR relative to their acceptance of the proposed Variance request and historic Bear Lake drainage issues/water flow, with response prior to the City …2:39↗the first public hearing is a consider a variance request at 20885 England Boulevard to allow a new [2:47–2:58] Resident 100 feet from the ohwl of the Bear Lake 50 foot variants [2:54–3:06] and uh pin number 17 days 33 days 25 days 42 days 00348:10↗I make a motion that we approve it with the addition of you know the condition that the home be removed okay commission bias as it's strong made the [48:30–48:42] motion somebody want to Second it a second commissioner Carlson segment any discussion Mr chair yes [48:39–48:52] um what commissioner B [Music] the planner …

7. 2PUBLIC HEARING: Amended CUP request at 5606 Verde Valley Rd (cell tower screening/fencing)

   Consider an Amended Interim Use Permit request at 5606 Verde Valley Road (PID 14-33-25-44-0001) which requires compliance with cell tower regulations (updated since the cell tower was installed) and fencing, landscaping and screening of the ground equipment area per Section 11-8-9 of the Nowthen City Code.

   Chair initially moved to continue the public hearing to November 22, 2022, but later rescinded and moved to deny; motion to deny carried 5 ayes.

   • Verde Valley cell tower amended CUP
   • 5606 Verde Valley Rd
   • Crown Castle
   • Dish Wireless

   Denied
   PDF↗Meeting Planning and Zoning Commission Meeting — Agenda Packet (2022-10-25)2. 7:15 PM: PUBLIC HEARING: Consider an Amended Interim Use Permit request at 5606 Verde Valley Road (PID 14-33-25-44-0001) which requires compliance with cell tower regulations (updated since the cell tower was installed) and fencing, landscaping and screening of the ground equipment area per Section 11-8-9 of the No…p. 2↗Meeting Planning and Zoning Commission Meeting — Minutes (2022-10-25)ITEM 2. PUBLIC HEARING: 5606 VERDE VALLEY RD; CONSIDER APPROVAL OF AN AMENDED CUP FOR THE CELL TOWER SITE FOR WHICH NEW GROUND EQUIPMENT AND UPGRADES ARE BEING PROPOSED AND FOR WHICH SCREENING/FENCING IS REQUIRED. PIN 14-33-25-44-0001.p. 3↗Meeting Planning and Zoning Commission Meeting — Minutes (2022-10-25)The public hearing was closed at 8:17PM and CHAIR AMES RESCINDED HIS ORIGINAL MOTION AND MADE A MOTION TO DENY THE REQUESTED AMENDED CUP. SECONDED BY BIES. ALL IN FAVOR, MOTION CARRIED. FIVE AYES.51:32↗what we're going to do now is they open the set second public hearing [51:32–51:45] because sit considering the men intern to use permit requested that five six zero six word Valley Road1:07:10↗CHAIR AMES RESCINDED HIS ORIGINAL MOTION AND MADE A MOTION TO DENY THE REQUESTED AMENDED CUP. SECONDED BY BIES. ALL IN FAVOR, MOTION CARRIED. FIVE AYES.

8. 3Discussion: Zoning ordinance changes to fencing, screening and landscaping requirements

   Consider Zoning Ordinance Changes to Fencing, Screening and Landscaping Requirements

   • Zoning ordinance amendments fencing screening landscaping

   Discussion only
   PDF↗Meeting Planning and Zoning Commission Meeting — Agenda Packet (2022-10-25)3. 7:30 PM: Discussion: Consider Zoning Ordinance Changes to Fencing, Screening and Landscaping Requirementsp. 3↗Meeting Planning and Zoning Commission Meeting — Minutes (2022-10-25)ITEM 3. DISCUSSION REGARDING POSSIBLE AMENDMENTS TO THE CITY CODE RELATIVE TO FENCING, SCREENING AND LANDSCAPING STANDARDS.p. 3↗Meeting Planning and Zoning Commission Meeting — Minutes (2022-10-25)It was recommended that chain link is only permitted in the industrial areas and add metal panels (prefinished metal) in both commercial and industrial areas with upgraded posts in commercial areas. The required bufferyard of 100 feet was questioned as excessive for some areas, especially in the commercial zones where…p. 4↗Meeting Planning and Zoning Commission Meeting — Minutes (2022-10-25)Requiring irrigation in commercial and industrial areas was not recommended.1:15:00↗we've got some we've got to keep working towards tweaking our ordinance [1:15:09–1:15:20] city called to address certain things and sort of answer questions that [1:15:20–1:15:33] I or we have in the um open-ended questions and how we can [1:15:30–1:15:40] always make this a better document so for starters I took the L…2:15:30↗Requiring irrigation in commercial and industrial areas was not recommended.

9. F1Upcoming projects at future meetings

   Gustafson 4-lot Plat on Engen Blvd.; Toft Final Plat on St. Francis Blvd.; Shermer 5-lot plat on Twin Pkwy.

   These were listed as upcoming projects; no action taken.

   • Upcoming projects Gustafson plat
   • Upcoming projects Toft final plat
   • Upcoming projects Shermer plat

   Discussion only
   PDF↗Meeting Planning and Zoning Commission Meeting — Agenda Packet (2022-10-25)Upcoming Projects at Future Meetings: · Gustafson 4-lot Plat on Engen Blvd. . Toft Final Plat on St. Francis Blvd. · Shermer 5-lot plat on Twin Pkwy.2:23:35↗so Gustafson played on England I know [2:23:54–2:24:07] they just hired that's on the south side of Bear Lake they just hired or are in the process of [2:24:04–2:24:14] hiring an engineer to move forward they are splitting some lots for family members ... [2:24:43–2:24:56] and then the top final plat we are currently w…

10. Z1Motion to Adjourn

    Adjourned at 9:27 PM.

    Approved
    PDF↗Meeting Planning and Zoning Commission Meeting — Agenda Packet (2022-10-25)Motion to Adjournp. 4↗Meeting Planning and Zoning Commission Meeting — Minutes (2022-10-25)MOTION BY BIES, SECOND BY CARLSON TO ADJOURN. MOTION CARRIED. FIVE AYES. The meeting was adjourned at 9:27PM.

Issues addressed

What this meeting did about specific topics, organized by issue rather than by document.

• Polgreen shoreland setback variance at 20885 Engen Blvd (Bear Lake)

  The commission held a public hearing on a request to build a new home 100 feet from the ordinary high water level of Bear Lake (a 50-foot shoreland setback variance). Members discussed the lot’s irregular shape, wetlands and grading constraints, and the shared driveway/easement situation. The commission voted to recommend approval of the 50-foot variance subject to the planning report conditions and added requirements that staff contact the DNR about acceptance and historic Bear Lake drainage/water flow issues before the City Council meeting, contact the City Attorney about whether a recorded easement/shared driveway agreement can be required, and obtain a demolition permit for removing the old house.

  Agenda: 1. Motions: M3. Speakers: Ames, Stockman, Ben Polgreen, Bies, Haapala, Carlson, Jorgensen, Pilon.

• Amended CUP for cell tower at 5606 Verde Valley Rd (Crown Castle / Dish)

  The commission held a public hearing on an amended CUP request for the existing cell tower site at 5606 Verde Valley Rd to address current code requirements for fencing, landscaping and screening of ground equipment. Staff reported the application remained incomplete and that required plans had not been provided despite months of back-and-forth; residents raised questions about new antennas, tower height/lighting, screening, construction disruption, and noise. The chair initially moved to continue the public hearing to November 22, 2022 but rescinded that motion after discussion; the commission then voted to deny the requested amended CUP.

  Agenda: 2. Motions: M4. Speakers: Ames, Stockman, Pilon, Craig Geisler, Ms. Xiong.

• Draft ordinance amendments for fencing, screening, and landscaping

  Commissioners and staff discussed a draft reorganization and amendments to city code sections on landscaping, screening, and fencing, focusing on outdoor storage screening (materials and fence height), how to handle agricultural uses within Nowthen’s zoning structure, whether chain-link with slats should be limited to industrial areas, and adding finished metal panel options. They also discussed whether a 100-foot bufferyard requirement is too large in some commercial areas and suggested a possible reduction (such as to 50 feet) with a detailed screening/landscaping plan, addressed turfgrass height and native plantings near structures for fire safety, talked about ditch mowing for visibility, and agreed that requiring irrigation in commercial/industrial areas was not recommended.

  Agenda: 3. Speakers: Stockman, Bies, Carlson, Haapala, Jorgensen, Ames.

Motions and votes

5 motions on the record. Split votes are highlighted.

• M1MOTION BY CARLSON, SECOND BY HAAPALA TO APPROVE THE AGENDA FOR TONIGHT'S MEETING.

  moved by CARLSON, seconded by HAAPALA

  Passed

  MOTION CARRIED. FIVE (5) AYES.

  p. 1↗Meeting Planning and Zoning Commission Meeting — Minutes (2022-10-25)MOTION BY CARLSON, SECOND BY HAAPALA TO APPROVE THE AGENDA FOR TONIGHT'S MEETING. MOTION CARRIED. FIVE (5) AYES.1:14↗someone like to make this motion to approve this tremendous commissioner Carlson I made the motion do we have a second a second [1:33–1:54] commissioner hippola

• M2MOTION BY BIES, SECOND BY AMES TO APPROVE THE MEETING MINUTES OF JULY 26, 2022.

  moved by BIES, seconded by AMES

  Passed

  MOTION CARRIED. FIVE (5) AYES.

  p. 1↗Meeting Planning and Zoning Commission Meeting — Minutes (2022-10-25)MOTION BY BIES, SECOND BY AMES TO APPROVE THE MEETING MINUTES OF JULY 26, 2022. MOTION CARRIED. FIVE (5) AYES.1:50↗Mr bees made the motion somebody might [2:18–2:31] make a second I'll second it

• M3BIES MADE A MOTION TO APPROVE A 50-FOOT VARIANCE FOR 20885 ENGEN BLVD. SUBJECT TO THE CONDITIONS AS OUTLINED IN THE PLANNING REPORT and: a. Planner Stockman contacts the DNR relative to their acceptance of the proposed Variance request and historic Bear Lake drainage issues/water flow, with response prior to the City Council meeting. b. Planner Stockman contacts the City Attorney relative to the shared driveway and whether the City can require a recorded easement and shared easement agreement. c. A demolition permit is obtained for removal of the old house.

  moved by Bies, seconded by Carlson

  Passed

  All in favor, motion carried. Five ayes.

  p. 2↗Meeting Planning and Zoning Commission Meeting — Minutes (2022-10-25)BIES MADE A MOTION TO APPROVE A 50-FOOT VARIANCE FOR 20885 ENGEN BLVD. SUBJECT TO THE CONDITIONS AS OUTLINED IN THE PLANNING REPORT and: a. Planner Stockman contacts the DNR relative to their acceptance of the proposed Variance request and historic Bear Lake drainage issues/water flow, with response prior to the City …47:58↗I make a motion that we approve it with the addition of you know the condition that the home be removed ... [48:39–48:52] the planner contacting the DNR contacting the City attorney relative to [48:49–49:02] the easement um yeah [48:59–49:10] and obtaining a demolition permit for the removal

• M4CHAIR AMES RESCINDED HIS ORIGINAL MOTION AND MADE A MOTION TO DENY THE REQUESTED AMENDED CUP.

  moved by AMES, seconded by BIES

  Passed

  ALL IN FAVOR, MOTION CARRIED. FIVE AYES.

  p. 3↗Meeting Planning and Zoning Commission Meeting — Minutes (2022-10-25)The public hearing was closed at 8:17PM and CHAIR AMES RESCINDED HIS ORIGINAL MOTION AND MADE A MOTION TO DENY THE REQUESTED AMENDED CUP. SECONDED BY BIES. ALL IN FAVOR, MOTION CARRIED. FIVE AYES.1:12:07↗I'll re-enter my [1:14:07–1:14:19] emotion I'll make a motion that we deny the requests somebody like seconded [1:14:15–1:14:30] a second okay second by commissioner biastic

• M5MOTION BY BIES, SECOND BY CARLSON TO ADJOURN.

  moved by BIES, seconded by CARLSON

  Passed

  MOTION CARRIED. FIVE AYES.

  p. 4↗Meeting Planning and Zoning Commission Meeting — Minutes (2022-10-25)MOTION BY BIES, SECOND BY CARLSON TO ADJOURN. MOTION CARRIED. FIVE AYES.

Money discussed

Each figure links back to the document it came from. When the council voted on the amount, the motion is shown.

• FEE1

  Remaining application fees stated as missing for the Amended CUP application (cell tower).

  fee · Amended CUP application fees (cell tower)

  $496

  inflow

  Council approval status: not yet on record.

  p. 1↗Meeting Planning and Zoning Commission Meeting — Agenda Packet (2022-10-25)1. The remaining application fees of $496 shall be submitted.PDF↗Meeting Planning and Zoning Commission Meeting — Agenda Packet (2022-10-25)1. The remaining application fees of $496 shall be submitted.

• FEE2

  CUP/IUP application fee schedule shown for 5606 Verde Valley Road Amended CUP application.

  fee · CUP/IUP application fees (cell tower)

  $1,496

  inflow

  Council approval status: not yet on record.

  PDF↗Meeting Planning and Zoning Commission Meeting — Agenda Packet (2022-10-25)Total Amt. Due: $1,496

• FEE3

  Amount paid shown on the 5606 Verde Valley Road CUP/IUP application form.

  fee · CUP/IUP application payment (cell tower)

  $1,000

  inflow

  Council approval status: not yet on record.

  PDF↗Meeting Planning and Zoning Commission Meeting — Agenda Packet (2022-10-25)Amt. Paid: $1,000

• FEE4

  Variance application total amount due and paid for 20885 Engen Blvd shoreland variance.

  fee · Variance application fees (Polgreen)

  $1,480

  inflow

  Council approval status: not yet on record.

  PDF↗Meeting Planning and Zoning Commission Meeting — Agenda Packet (2022-10-25)Total Amt. Due: $1,480PDF↗Meeting Planning and Zoning Commission Meeting — Agenda Packet (2022-10-25)Amt. Paid: $ 1480.00

• FEE5

  Nonbinding estimate of consultant fees acknowledged for the Polgreen lake setback variance application.

  estimate · Consultant fees estimate (Polgreen variance)

  $1,480

  unknown

  Council approval status: not yet on record.

  PDF↗Meeting Planning and Zoning Commission Meeting — Agenda Packet (2022-10-25)Based on the information available to the City, the City estimated it would charge $ 1480, in consultant fees.

Memory cues and prior history

When someone tried to remember earlier business, we cross-reference the corpus and write a short related-history note.

• It was also stated that a 100-foot setback Variance was issued for a property on Bass Lake a few years ago.

  What this is about
  Prior 100-foot shoreland setback variance precedent referenced during discussion of the Polgreen Bear Lake variance.

  p. 2↗Meeting Planning and Zoning Commission Meeting — Minutes (2022-10-25)It was also stated that a 100-foot setback Variance was issued for a property on Bass Lake a few years ago.

  Partial matchWe have not matched this to a prior decision yet.

  The resolver has not run for this cue, or the search did not find a strong match in the corpus.

• Commissioner Jorgensen had a question about the lake drainage which was changed from flowing south to flowing north 15+ years ago. Kreger had issues with the DNR and watershed who wanted to limit the number of additional houses that should be built around the lake.

  — Jorgensen

  What this is about
  Recollection of a prior Bear Lake drainage change and prior DNR/watershed concerns about limiting additional houses around the lake.

  p. 2↗Meeting Planning and Zoning Commission Meeting — Minutes (2022-10-25)Commissioner Jorgensen had a question about the lake drainage which was changed from flowing south to flowing north 15+ years ago. Kreger had issues with the DNR and watershed who wanted to limit the number of additional houses that should be built around the lake.

  Partial matchWe have not matched this to a prior decision yet.

  The resolver has not run for this cue, or the search did not find a strong match in the corpus.

• A cell tower Conditional Use Permit (CUP) was approved by the Burns Town Board in May 2000 and again in July 2002.

  What this is about
  Background reference to prior CUP approvals (2000 and 2002) for the Verde Valley Road tower site.

  PDF↗Meeting Planning and Zoning Commission Meeting — Agenda Packet (2022-10-25)A cell tower Conditional Use Permit (CUP) was approved by the Burns Town Board in May 2000 and again in July 2002.

  Partial matchWe have not matched this to a prior decision yet.

  The resolver has not run for this cue, or the search did not find a strong match in the corpus.

Sources

Every document and recording archived for this meeting.

• Document

  Meeting Planning and Zoning Commission Meeting — Minutes (2022-10-25)

  Minutes · 2022-10-25

  4 pages

  ↗
• Document

  Meeting Planning and Zoning Commission Meeting — Agenda Packet (2022-10-25)

  Packet · 2022-10-25

  50 pages

  ↗
• Video

  Meeting recording

  YouTube

  Transcript · 926 segments · 2:27:09

  ↗