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Morton County Commission approves multiple subdivision plats, clears energy project with conditions and height variance
Summary
The Morton County Commission on June 23 approved several final subdivision plats and zoning changes, granted a special use permit for an energy conversion facility with five pre-construction conditions plus a height variance, approved a cell-tower permit with limits, and denied one subdivision due to an odor-setback rule.
The Morton County Commission on June 23 in Mandan approved multiple final subdivision plats and zoning changes and cleared an energy conversion project subject to pre-construction conditions and a height variance.
Commissioner Buckley moved and Commissioner Morrell seconded approval of the final plat for South Five Subdivision and a zoning map amendment from Agricultural to Residential, findings the proposal conforms to Article 7 of the Morton County Land Use Code and the 2045 Comprehensive Plan. Similar motions carried for Binindoll, Becker and Cloverleaf subdivisions; those motions were unanimous. Commissioner Zachmeier moved and Commissioner Morrell seconded approval of the Prairie Flats Subdivision final plat and a zoning amendment from Agricultural to Estate; the roll-call vote was Zachmeier, Morrell, Buckley and Tokach voting aye and Chair Nathan Boehm voting nay, and the motion carried.
Commissioner Zachmeier moved and Commissioner Buckley seconded approval of a long-form subdivision, a zoning map amendment to Industrial for Lot 1 only, and a special use permit (SUP) for an energy conversion facility in a remote area judged compatible with surrounding agricultural uses. The commission attached five conditions before grading or building permits may be issued: submission of a stormwater management plan approved by the County Engineer; execution of a Road Use Agreement acceptable to the County Engineer; a requirement that project construction begin within five years of SUP issuance (the SUP becomes void unless extended by the Zoning Administrator for two-month increments for good cause); submission of an emergency operations plan approved by the County Emergency Manager prior to permit issuance; and shielding of all outdoor lighting so light is directed toward the ground and contained within the site boundary. The motion passed on a unanimous vote.
The commission also approved a variance to allow a valve hall to be built to a maximum height of 100 feet in the Industrial zone, finding industry-standard equipment could not be accommodated within the 50-foot height limit; that motion was approved unanimously.
Separately, Commissioners approved a special use permit for the Stastny cell tower, with conditions that the tower not exceed 198 feet and that an on-site generator be used for backup power only. All related motions were carried by voice vote.
One application was denied: Commissioner Zachmeier moved and Commissioner Morrell seconded denial of a long-form subdivision and a zoning amendment to Commercial for Lot 2 of Meadows off Highway 6 because the property lies within the half-mile odor setback from a feedlot established in Section 3-040 of the Morton County Land Use Code; the roll-call was unanimous and the denial carried.
These land-use approvals and the SUPs are conditioned on the applicants meeting the specified engineering, road-use and emergency-plan requirements before construction permits are issued. The SUP for the energy conversion facility includes a five-year construction commencement requirement after which the SUP becomes void if not acted upon.
