Minot planning panel backs rezoning and interim permit to enable stormwater project, despite neighbors’ objections

MINOT, N.D. — The Minot Planning Commission voted Feb. 4 to recommend that City Council approve a package of land-use changes for property at 2100 Valley Street that would rezone the site from R-1 single-family residential to M-1 light industrial, amend the future land-use map to light industrial, approve a preliminary two-lot plat and issue an interim use permit allowing continued extraction of mineral materials through Jan. 1, 2036.

The actions were taken to enable a planned Ward County Water Resource Board stormwater project on one of the new lots and to formalize a long‑standing, legal nonconforming extraction use on the other lot, city planning staff said. The commission’s recommendation will be forwarded to City Council for final decisions expected at its Feb. 25 meeting.

City planning staff told commissioners the property at 2100 Valley Street is currently mapped R-1 under the city’s extraterritorial zoning (not inside city limits) but has historically been used for clay extraction. The proposed preliminary plat would split the site into two lots: one to continue limited clay/soil extraction and one to host a stormwater/erosion-control project aimed at reducing runoff and sediment entering the Souris River, staff said. Staff recommended approval with conditions including a termination date of Jan. 1, 2036, and a land-reclamation requirement at the end of extraction or submission of a development plan.

"This permit just then codifies those entitlements," city planning staff member Diedrichsen said, explaining that the interim use permit brings the site under the city’s land development ordinance protections for neighboring properties while allowing the existing legal nonconforming use to continue.

Why it matters: city staff said the Jan. 1, 2036 termination aligns with the public works department’s projection that regional flood-control work will be finished in February 2035, after which the short-term availability of nearby material for urgent flood repairs would be less necessary. Staff and the Ward County Water Resource Board framed the stormwater project as a measure that will slow runoff and reduce sediment that staff say is affecting local flood-control infrastructure.

Neighbors opposing the rezoning and permit told the commission they are already experiencing erosion and sediment problems they attribute to activity on the property and said changing the zoning to M-1 would make industrial uses more likely in the future. Mike Baker, a nearby property owner, told commissioners the extraction operation now reaches the edge of his land and described repeated truck traffic and visible washouts. "This gravel pit is 1.5 miles from this building right here," Baker said, adding that the activity had accelerated since he bought his property.

Applicant and supporters said the site has been used for material removal for decades for local projects including flood mitigation and that the owners use proceeds only to pay taxes and property upkeep. Linda Langseth, speaking for the owners, asked that the record reflect the operation is primarily clay extraction rather than gravel, saying, "I just really wanna iterate that it's not a gravel pit." Relatives and family representatives said the operation is small and longstanding.

Commission discussion centered on three trade-offs: (1) denying the applications would prevent the Ward County stormwater plat and nearly ensure no engineered correction of the washout, because the stormwater project requires the plat entitlements; (2) approving would formalize oversight under the city’s land development ordinance and allow the stormwater project to proceed; and (3) the site currently has legal nonconforming rights that let the owner continue extraction with or without tonight’s approvals.

Commissioner debate also touched on a proposed 600‑foot buffer between extractive activity and adjacent properties. Vice Chair Baumann moved to approve staff recommendations with an additional condition requiring a 600‑foot buffer; Commissioner Trudell seconded that motion. The buffer motion failed on a roll call vote.

Commissioner Longton then moved to approve staff findings of fact and recommend Council approve the rezoning, future land-use map amendment, preliminary plat and interim use permit as recommended by staff; Commissioner Kibler seconded. The commission approved that motion on roll call.

Votes at the Planning Commission (Feb. 4, 2025) — Ayer Hills/Air Hills case (rezoning, FLUM amendment, preliminary plat, interim use permit): - Motion to add a 600‑foot buffer (failed): mover Vice Chair Baumann; second Commissioner Trudell; roll call recorded all voting no. - Motion to recommend approval of staff findings and the applications (passed): mover Commissioner Longton; second Commissioner Kibler; roll call recorded the following votes in favor: Vice Chair Bauman (yes), Commissioner Iverson (yes), Commissioner Kibler (yes), Commissioner Longton (yes), Commissioner Menom (yes), Chairman Oferdahl (yes), Commissioner Fontanilla (yes), Commissioner Trudell (yes), Commissioner Doctor (yes). Motion carried; matter will go to City Council.

Key conditions recommended by staff and approved by the commission include: - Termination date for the interim use permit: Jan. 1, 2036. - Land reclamation at the end of the interim use permit or submission of a development plan for future use. - The preliminary plat will create two lots, one to hold the Ward County stormwater project and the other to continue mining/extraction under the interim use permit and land development standards.

What remains unresolved: Several residents asked whether the extraction is clay only or includes gravel and asked how extraction has been monitored historically. City staff said enforcement of legal‑nonconforming uses requires evidence and litigation would require proof of violation; staff said the city lacks the resources to continuously police nonconforming uses across the jurisdiction. Engineers for the county and city were described as engaged to design the proposed stormwater mitigation, but detailed engineering plans and funding specifics for the Ward County project were not reported in the hearing.

Background and next steps: The site is in Minot’s extraterritorial zoning area under the land development ordinance; it is not annexed to the city but is within the city’s zoning jurisdiction. The Planning Commission’s recommendation will be forwarded to City Council, which is scheduled to consider final action on the rezoning, plat and interim use permit on Feb. 25, 2025.

Community members who spoke and authors of letters will be able to address Council. The Ward County Water Resource Board and city public works staff have indicated the stormwater project is intended to reduce sediment flow into the Souris River and to lower dredging and flood‑control costs going forward.

Ending note: The commission’s decision formalizes temporary entitlements for extraction while creating a path for county‑led stormwater mitigation on the adjacent lot; opponents urged Council to weigh long‑term land‑use impacts on neighboring residences when it takes up the matter.