November 21st, 2024
OLIVER COUNTY PLANNING & ZONING Commission was called to order at 7:00 pm.
The Pledge of Allegiance was recited.
Roll Call was held. Members present were Lonnie Henke, Bill Breimeier, Jody Reinke, Adam Vaughn, Linda Nelson, Randy Schmidt, and Cassie Smith. Others present were Jaden Schmidt, Secretary/P&Z, Patty Koapke, P&Z.
Jody Reinke moved and Adam Vaughn seconded the motion to approve the agenda. All in favor, none opposed; motion carried.
Bill Breimeier moved and Linda Nelson seconded the motion to approve the minutes of the October 24th, 2024 meeting.
The first reading for a Solar Moratorium was held.
RESOLUTION 2024-04
A RESOLUTION OF THE COUNTY OF OLIVER, NORTH DAKOTA, TO IMPOSE A MORATORIUM ON THE DEVELOPMENT OF ALL SOLAR ENERGY FACILITIES UNTIL ZONING STANDARDS CAN BE DEVELOPED
WHEREAS, the Board of Commissioners of Oliver County, ND has taken notice of the potential for Oliver County to be identified as a preferred location for the development of solar facilities in the future
WHEREAS, solar energy facilities are a nascent land use in Oliver County, and best practices have not yet been established regarding siting, application protocols, and performance standards for said land use
WHEREAS, the Board of Commissioners of Oliver County, ND finds it necessary to develop a land use code amendment to establish a framework for the evaluation and siting of solar energy facilities, in order to protect the health, safety and general welfare of the citizens of Oliver County
WHEREAS, the Board of Commissioners of Oliver County, ND finds it necessary to impose a moratorium on any and all solar energy facilities, and that the purpose of the moratorium is to allow the County adequate time to conduct research, and develop and adopt standards to guide the development of said land uses
NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Oliver County, ND that a moratorium on the development of all solar energy facilities, is adopted, for the period of time necessary to develop and adopt adequate, applicable land use code amendments, and that this resolution shall take effect upon recording and publication.
Discussion was held on the Solar Moratorium. Jody Reinke asked who wrote the moratorium. Jaden Schmidt worked on it with the State’s Attorney, Patrick Waters. Resident Dave Porsborg asked about the timeline of the moratorium. Dave Berger stated he has talked to other counties and stated that he spoke with other counties and moratoriums that only last a year aren’t feasible, due to the time it takes to draft proper ordinances. Jesse Hanson, Hensler resident, asked if the moratorium pertained to personal solar uses.
Cassie Smith moved and Adam Vaughn seconded the motion to approve the Solar Moratorium as written. A roll call vote was held with Bill Breimeier, Adam Vaugh, Randy Schmidt, Linda Nelson, Cassie Smith and Jody Reinke voting aye and zero nays. Resolution 2024-04 for the Solar Moratorium passed for recommendation to the County Commissioners.
The first reading for the Data Center and Cryptocurrency Mining Facilities was heard.
RESOLUTION 2024-05
A RESOLUTION OF THE COUNTY OF OLIVER, NORTH DAKOTA, TO IMPOSE A MORATORIUM ON THE DEVELOPMENT OF ALL DATA CENTER AND CRYPTOCURRENCY MINING FACILITIES UNTIL ZONING STANDARDS CAN BE DEVELOPED
WHEREAS, the Board of Commissioners of Oliver County, ND has taken notice of the potential for Oliver County to be identified as a preferred location for the development of data centers and cryptocurrency mining facilities in the future
WHEREAS, data centers and cryptocurrency mining facilities are a nascent land use in Oliver County, and best practices have not yet been established regarding siting, application protocols, and performance standards for said land use
WHEREAS, the Board of Commissioners of Oliver County, ND finds it necessary to develop a land use code amendment to establish a framework for the evaluation and siting of data centers and cryptocurrency mining facilities, in order to protect the health, safety and general welfare of the citizens of Oliver County
WHEREAS, the Board of Commissioners of Oliver County, ND finds it necessary to impose a moratorium on any and all data centers and cryptocurrency mining facilities, and that the purpose of the moratorium is to allow the County adequate time to conduct research, and develop and adopt standards to guide the development of said land uses
NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Oliver County, ND that a moratorium on the development of all data centers and cryptocurrency mining facilities, is adopted, for the period of time necessary to develop and adopt adequate, applicable land use code amendments, and that this resolution shall take effect upon recording and publication.
Discussion was held. Concerns for Data Centers and similar facilities are noise, heat, space and the chance of rising utility rates.
Bill Breimeier moved and Cassie Smith seconded the motion to approve the Data Center and Cryptocurrency Mining Facilities moratorium as written. A roll call vote was held with Bill Breimeier, Adam Vaugh, Randy Schmidt, Linda Nelson, Cassie Smith and Jody Reinke voting aye and zero nays. Resolution 2024-05 for Data Centers and Cryptocurrency Mining Facilities passed for recommendation to the County Commissioners.
Discussion was held on Building and Conditional Use Permit Fees.
Flat Rock Wind/ENEL energy requested that an adjustment be made to the fee payments. They would like to pay 20% down and then the remaining 80% at the time of the application for building permits.
Patty Koapke stated that fees were discussed a year ago and adjustments were made then. The county has never done an admin fee before. All permits have required payment up front. She also stated that ultimately, the final decision comes down to the county commissioners to grant a variation from what the application requires.
Discussion was held on Lonnie Henke and Randy Schmidt and their terms ending in December. If they are seeking to be re-appointed, it’s been asked that they let Jaden Schmidt know.
The meeting was adjourned at 8:06 pm.
The next meeting for the Oliver County Planning & Zoning Board will be December 19th at 7:00 pm in the Oliver County Courthouse Meeting Room.
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Jaden Schmidt, Secretary Chairman of the Board