Clay County tables rezone for Beresford-area tract after residents raise traffic, drainage and water-supply concerns

The Clay County Commission on May 20 tabled consideration of a rezone application for land west of Truck Town near Beresford, delaying a final decision until the county receives a hydraulic study from the local rural water provider.

The application would rezone a parcel near Highway 46 (between 460 Ninth and 4xx Seventh in the applicant’s presentation) to allow two commercial lots and 17 rural‑residential lots; the developer’s engineer said the smallest new lot would be about 2.1 acres and that proposed lots would rely on on‑site septic systems.

The vote followed more than an hour of testimony from the applicant’s representatives and a long public comment period during which neighboring property owners described safety and quality‑of‑life concerns. Residents repeatedly urged the commission to require formal confirmation that the local rural water system can support the development and to secure state and DOT approvals for any new highway approaches before approving the rezone.

Project presentation and technical details Eric Willitson, project engineer with Willitson Lund Engineering, described the project as a mixed proposal with two commercial lots and 17 rural residential lots clustered along a creek. Willitson said the plan responds to concerns raised at the Planning & Zoning hearing by moving a proposed driveway toward the crest of a nearby hill and by adding three access points and fire‑truck turnarounds. He also said the developer will recommend minimum finished floor elevations based on the National Flood Insurance Program maps and “recommend a minimum floor elevation … 2 feet above that” base flood elevation.

Willitson said the change from field access to residential use will require DOT review and that the developer expects to work with DOT on any access approvals: “We will have to go through a process with DOT to get those approved to access the highway,” he said.

Resident concerns raised during public comment Multiple nearby landowners spoke against the rezoning or urged extra conditions. Common concerns included: - Traffic safety on Highway 46: Commenters said the highway has no turn lanes and drivers commonly exceed the posted speed; several residents warned that new driveways without turn lanes would increase crash risk, especially for school‑age drivers. - Flooding and drainage: Speakers described recent local flooding and said the proposed development sits above an aquifer and along creeks (including Ash Creek). One resident noted high water in 2024 after snowmelt and heavy rain and asked how additional impervious surfaces and septic drain fields might affect runoff and local hydraulics. - Water supply: Residents and county staff said the regional water provider (Clearwater/Clayroll Water) had not received a formal application and therefore could not confirm adequate supply. County staff read an email from Clearwater Systems that said a hydraulic study and a formal application are required before service can be guaranteed. - Compatibility with farming and rural life: Several speakers, including residents who farm the area, described the parcels as functioning hay and row‑crop ground and warned that converting the land would set a precedent for future phases of development. Others raised concerns about dust from gravel access roads, noise from commercial uses, proximity of commercial buildings to existing acreages, and liability from increased public access around livestock.

County staff and other technical notes County planning staff confirmed the list of permitted commercial uses under the county code (page 69 of the county code was cited) and noted that some commercial or conditional uses would require additional hearings. Staff also reported that Clay Union Electric said electric service is available from a nearby substation. The county relayed Clearwater Systems’ position that it will not proceed with service without a submitted application and a hydraulic review; the water provider said a new plant or upsized line could address supply needs but needs formal data from the developer.

Commission action and next steps Commissioners moved to table both the rural‑residential rezone and the separate commercial rezone until the county receives the requested hydraulic study and other information from Clearwater Systems (Clayroll Water). The motion carried unanimously on roll call: Commissioner Mokler — yes; Commissioner Graylobe — yes; Commissioner Brady — yes; Commissioner Gilbertson — yes; Commissioner T.C. — yes.

The commission also requested that the applicant and county staff provide the developer’s DOT contact and any progress on access approvals and that landowners be notified by certified mail when the items return to the agenda.

Why it matters The commission’s decision postpones a rezoning that would add 17 rural residential lots and two commercial lots along a corridor where residents say there are existing safety and drainage vulnerabilities. The hydraulic study and any DOT approvals the commission requires will be material to whether the county can responsibly allow higher density development in this location.

What’s next County staff will notify interested parties when the developer supplies the hydraulic study and a formal water‑service application. The commission will revisit the rezone and the commercial rezoning at a later meeting once the requested technical information is in hand.