On the agenda: Bismarck Planning Commission — DATA CENTER (Oct 13)

Regular Planning Commission Meeting
Tuesday, October 13, 2026, at 5:30 PM
City Council Chambers, City Hall (10 3rd Ave SW)
Any person needing special accommodation for the meeting is requested to notify the
City Clerk’s office at 857-4752.
1. ROLL CALL
2.

PLEDGE OF ALLEGIANCE

3.

INTRODUCTIONS AND DECORUM
3.1. INTRODUCTIONS AND DECORUM HANDOUT

4.

PLANNING COMMISSION
4.1. APPROVAL OF RECOMMENDATIONS FOR THE AUGUST 11TH, 2026
MEETING
RECOMMENDED ACTION
It is recommended that Planning Commission approve the August 11th,
2026 meeting minutes.

5.

PUBLIC HEARING
5.1. CASE# 2026-67. PHEASANT'S RUN 4TH ADDITION. PRELIMINARY PLAT,
FLU AMENDMENT
RECOMMENDED ACTIONStaff recommends the Planning Commission
adopt staff findings of fact and recommend City Council approve the
Major Subdivision Preliminary Plat for Pheasant Run 4th Addition and
Future Land Use Map Amendment from Parks and Recreation to
Suburban Residential with the following conditions:

1. Show existing Storm Water and Drainage Easement — reference Ward
County Document Number 2952817 on the plat.
5.2. CASE#2026-68. MOWBRAY & SONS. CONDITIONAL USE PERMIT

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RECOMMENDED ACTIONStaff recommends the Planning Commission
adopt the staff findings of fact and approve a conditional use permit for a
Warehousing (Enclosed) with the following recommended conditions:
•Units shall not be used for retailing, auto repair, human habitation, or
any commercial activity.
•All unit doors shall face the internal site area; no unit doors shall
face the public right-of-way.
•An on-site manager’s residence may be allowed if adequate water
and sanitary facilities are provided.
•Sewer connection fees are required for future development.
•A Stormwater Management Plan is required for future
development.
•A final site plan is required for review for future development.
•Driveway placement and separation is subject to approval by the
City Engineer or their designee and will be evaluated at the time of
site plan review.
5.3. CASE#2026-70 BEAVER CREEK ESTATES 5TH ADDITION. PRELIMINARY
PLAT.
RECOMMENDED ACTION
Staff recommends the Planning Commission adopt staff findings of fact
and recommend City Council approve the Major Subdivision Preliminary
Plat for Beaver Creek Estates 5th Addition without conditions.
6.

MISCELLANEOUS AND DISCUSSION ITEMS

7.

PUBLIC APPEARANCES
7.1. PUBLIC APPEARANCES

8.

ADJOURNMENT

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INTRO
The Planning Commission evaluates land use applications for compliance with the standards and procedural
requirements outlined within the Zoning Supplement to the City of Minot (Zoning Code) and North Dakota
Century Code. Further, the Planning Commission is tasked to ensure development within the City of Minot aligns
with the City of Minot 2012 Comprehensive Plan (Comprehensive Plan). 1
Planning Department staff are assigned to support the Planning Commission by reviewing applications for
compliance with the Zoning Code and alignment with the Comprehensive Plan. Staff summarizes this
information to the Planning Commission in the form of written staff reports, which include a recommendation.
Oral presentations summarizing a staff report and any additional information obtained since the date said staff
report was written is provided as determined necessary by the Planning Commission.
Planning Commission is not required to follow City staff recommendation. However, a deviation from staff’s
recommendation may require clarification to the findings of fact along with clearly stated reasoning for any
alternative recommendation.
Finally, staff is not able to anticipate all information entered into the record via Planning Commissioner
discussion or provided by the public during the open public comment period. Staff is available to answer any
questions which may arise through discussion.
The Planning Commission renders a decision for variances, interim use permits, and conditional use permits that
may be appealed to City Council. The Planning Commission provides recommendations to City Council for all
other land use applications.
DECORUM
Persons attending public hearings are expected to conduct themselves with decorum to assure fairness and
equity in the proceedings. Participants must:
•

•

•
•
•

Step to the podium/microphone each time you wish to be recognized by the Planning Commission to
offer a comment, or to ask or answer a question, and state your name for the record. To ensure
minutes of the meeting accurately reflect the individual for which statements are made a sign-in sheet is
provided at the podium for those wishing to speak.
Address all testimony, comments and questions to the Chair of the Commission and not the other
participants, the applicant, or the staff. The Chair of the Commission will determine the appropriateness
of all questions and when and where to direct them.
Allow others in attendance an opportunity to present their testimony. Do not interrupt the proceedings
with applause, heckling, outbursts or other disruptive behavior.
Address the issues and application that are before the Commission. These proceedings are not the
forum to discuss the appropriateness of particular land use policies, regulations, or alternatives.
Please silence your phones or set them to vibrate at this time.

1 Per N.D.C.C 40-48-09, the basic purpose of the plan:

…The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the
municipality and its environs, which, in accordance with present and future needs, best will promote the amenities of life, health, safety,
morals, order, convenience, prosperity, and general welfare as well as efficiency and economy in the process of development, including
adequate provision for light and air, distribution of population, good civic design and arrangement, wise and efficient expenditure of public
funds, the adequate provision of public utilities and other public requirements, the improvement and control of architecture, and the general
embellishment of the area under its jurisdiction.

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On August 11, 2026, a Regular Planning Commission Meeting of the Minot Planning
Commission was held in the City Council Chambers, City Hall (10 3rd Ave SW).
Chairman Offerdahl called the meeting to order at 05:30 PM.
1. ROLL CALL
Members Present: Tim Baumann, Dustin Offerdahl, Serena Pontenila, Darrik Trudell,
Robert Amick, Tanner Dockter, Kasper Ziegler, Erin Parker, Melinda Goodman
Members Absent: Roger Reich
City Staff: Nick Schmitz, Emily Huettl, Brian Billingsley, Hannah Hornberger, Doug
Diedrichsen, Dan Falconer, Jennifer Kleen
Others Present: Sherry Heilmann, Edena Kitzmann, Terry Effertz, Billi Gunderson,
Shaydora Todd
2.

PLEDGE OF ALLEGIANCE

3.

INTRODUCTIONS AND DECORUM
3.1. INTRODUCTIONS AND DECORUM HANDOUT

4.

PLANNING COMMISSION
4.1. APPROVE THE JULY 14TH, 2026 REGULAR MEETING MINUTES

The motion to approve July 14, 2026 regular meeting minutes was initiated by Planning
Commission Representative Baumann seconded by Planning Commission
Representative Goodman and carried by the following roll call vote: ayes: Tim
Baumann, Dustin Offerdahl, Serena Pontenila, Darrik Trudell, Robert Amick, Tanner
Dockter, Kasper Ziegler, Erin Parker, Melinda Goodman; nays: None.
5.

PUBLIC HEARING
5.1. CASE #2026-58 - AASEN ADDITION - PRELIMINARY PLAT, ZONING MAP
AMENDMENT, FUTURE LAND USE MAP

Mr. Diedrichsen reviewed the staff report.
Chairman Offerdahl opened the public hearing to the public for testimony.
No one appeared to testify.
Chairman Offerdahl closed the public hearing.
The motion to approve based on staff's recommendation and finding of fact was
initiated by Planning Commission Representative Amick seconded by Planning
Commission Representative Ziegler and carried by the following roll call vote: ayes: Tim
Baumann, Dustin Offerdahl, Serena Pontenila, Darrik Trudell, Robert Amick, Tanner
Dockter, Kasper Ziegler, Erin Parker, Melinda Goodman; nays: None.
5.2. CASE #2026-62 - ROSEHILL CEMETERY - MASTER PLAN UPDATE
Mr. Diedrichsen reviewed the staff report.

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Chairman Offerdahl opened the public hearing to the public for testimony.
No one appeared to testify.
Chairman Offerdahl closed the public hearing.
The motion to approve based on staff's recommendation and finding of fact was
initiated by Parker seconded by Planning Commission Representative Pontenila and
carried by the following roll call vote: ayes: Tim Baumann, Dustin Offerdahl, Serena
Pontenila, Darrik Trudell, Robert Amick, Tanner Dockter, Kasper Ziegler, Erin Parker,
Melinda Goodman; nays: None.
5.3. CASE #2026-61 - FALL TEXT AMENDMENT - LDO UPDATES
Mr. Falconer reviewed the Accessory Buildings changes.
The Commissioners and City Staff had a discussion.
Chairman Offerdahl opened the public hearing to the public for testimony.
Mr. Falconer read a letter from the Building Official, Luke Tillema.
Chairman Offerdahl closed the public hearing.
The motion to adopt staff's recommendation for denial for changes in accessory
building regulations was initiated by Planning Commission Representative Parker
seconded by Planning Commission Representative Goodman and carried by the
following roll call vote: ayes: Tim Baumann, Dustin Offerdahl, Serena Pontenila, Robert
Amick, Tanner Dockter, Kasper Ziegler, Erin Parker, Melinda Goodman; nays: Darrik
Trudell.
Mr. Falconer reviewed the "Ironworks" addition to the Land Development Ordinance.
Chairman Offerdahl opened the public hearing to the public for testimony.
Billi Gunderson, had questions about safety.
Mr. Falconer listed the requirements and permits needed for these types of facilities.
Chairman Offerdahl closed the public hearing.
The motion to adopt the staff's recommendation for "Energy Conversion Facility"
language into the Land Development Ordinance was initiated by Planning Commission
Representative Parker seconded by Planning Commission Representative Ziegler and
carried by the following roll call vote: ayes: Tim Baumann, Dustin Offerdahl, Serena
Pontenila, Darrik Trudell, Robert Amick, Tanner Dockter, Kasper Ziegler, Erin Parker,
Melinda Goodman; nays: None.
5.4. CASE #2026-49 - TABLED DATA CENTER - TEXT AMENDMENT
Mr. Falconer reviewed the data centers text amendments.
Public Hearing Notice is open.
Terry Effertz, Executive Director of Tech ND, spoke on behalf of the data centers.
Commissioners had a discussion with Terry Effertz.
Commissioners and staff had a discussion
Billi Gunderson, spoke about continuing to have these conversations without
implementation yet.
Mr. Diedrichsen clarified that adding this ordinance would bring any data centers in the
future to the Planning Commission for a Conditional Use Permit to operate as well as
only allowing them in the industrial zones.
Sherry Heilmann, resident, had questions and concerns about data centers.
Shaydora Todd, spoke about data centers.

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Chairman Offerdahl closed the public hearing.
The motion to adopt staff's new recommendation on data centers definition and
conditional use in I1 & I2 zone was initiated by Planning Commission Representative
Baumann seconded by Planning Commission Representative Parker and carried by the
following roll call vote: ayes: Tim Baumann, Dustin Offerdahl, Serena Pontenila, Darrik
Trudell, Robert Amick, Tanner Dockter, Kasper Ziegler, Erin Parker, Melinda Goodman;
nays: None.
Mr. Falconer discussed minor changes made to the Chapter 2.21 "I2" Heavy Industrial
Park District changes to the Land Development Ordinance.
The Commissioners and City Staff had a discussion.
The motion to open the public hearing was initiated by Planning Commission
Representative Parker seconded by Planning Commission Representative Pontenila
and carried by the following roll call vote: ayes: Tim Baumann, Dustin Offerdahl, Serena
Pontenila, Darrik Trudell, Robert Amick, Tanner Dockter, Kasper Ziegler, Erin Parker,
Melinda Goodman; nays: None.
Billi Gunderson, wanted further clarification.
Edena Kitzman, raised concerns for the population.
Chairman Offerdahl closed the public hearing.
The motion to adopt staff's recommendation was initiated by Planning Commission
Representative Parker and seconded by Planning Commission Representative Zeigler
A motion to amend current motion to add requirement about using close loop or more
efficient water system for cooling was initiated by Planning Commission Representative
Baumann and seconded by Planning Commission Representative Amick and carried
the following roll call vote: ayes: Tim Baumann, Dustin Offerdahl, Serena Pontenila,
Darrik Trudell, Robert Amick, Tanner Dockter, Kasper Ziegler, Erin Parker, Melinda
Goodman; nays: None.
A motion to adopt staff's recommendation and add language to include requirement
about using a close loop or more efficient water system for cooling carried the following
roll call vote: ayes: Tim Baumann, Dustin Offerdahl, Serena Pontenila, Darrik Trudell,
Robert Amick, Tanner Dockter, Kasper Ziegler, Erin Parker, Melinda Goodman; nays:
None.
6.

PERSONAL APPEARANCES
6.1. PERSONAL APPEARANCES

No one wished to speak.
7.

MISCELLANEOUS AND DISCUSSION ITEMS

Will create updates to personal appearances.
8.

ADJOURNMENT

With no further business, Chairman Offerdahl adjourned the meeting at 7:41 pm.

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Planning Commission
Staff Report

Application Date: 09/04/2026
Staff Contact: Doug Diedrichsen AICP, Principal Planner
Date of Staff Report: 09/18/2026
Staff Recommendation: Approval
Date of Planning Commission Meeting: 10/13/2026
Case Number: 2026-67
Project Name: Pheasant Run 4th Addition –
Preliminary Plat & FLU Amendment
Current Legal Description: See the project
description below.

Owners: Sean Lewis & Dillion Newberger
Representative: Ryan Rintamaki
Entitlements Requested: Major Subdivision
Preliminary Plat & FLU Amendment

Proposed Legal Description: Lots 1, 2, 3, 4, 5 & 6
of Pheasant Run 4th Addition to the City of Minot
Present Address: See the project description
below.
Present Zone(s): “R1” Single Family Residential
District

Proposed Zone(s): No Change
Proposed Use(s): Single Family homes

Present Use(s): Single Family home and vacant
land
Uses Allowed in Present Zone(s): See Table 2.2
for allowed and conditionally permitted uses
within each district.
Present Future Land Use Map Designation:
Suburban Residential & Parks and Recreation

Uses Allowed in Proposed Zone(s): See Table 2.2 for
allowed and conditionally permitted uses within each
district.
Proposed Future Land Use Map Designation: Suburban
Residential

PROJECT DESCRIPTION:
Public Hearing request by Sean Lewis and Dillion Neuberger, owner, for a request for a preliminary plat. The
legal description for the property is Lots 5, 6, 7, 8, 9, 10 and 14, Block 1, Pheasant Run Subdivision to the City of
Minot, North Dakota.
The subject property addresses are 2704 20th St. NW & 1708, 1712, 1716, 1800, 1804 27th Ave NW and
unaddressed.
1
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An aerial photo of the subject property can be found in Exhibit 1.

BACKGROUND INFORMATION:
The property owner seeks to subdivide seven lots into six lots. This is being done to absorb a common area from
and HOA that is no longer in existence.
The preliminary plat can be found in Exhibit 2.
The zoning and future land use map are provided in Exhibit 3.
Site photos are provided in Exhibit 4.
Engineering Comments can be found in Exhibit 5.

STAFF ANALYSIS:
Amendment to the Comprehensive Plan of the City of Minot Analysis:
Chapter 10. Implementation of the 2040 Comprehensive Plan of the City of Minot (LDO) provides the following
guidance for making amendments to the Comprehensive Plan: The Plan can be amended if new development
opportunities arise that were not foreseen in the Plan or if there is a significant shift in public sentiment. If, for
example, a property needs to be rezoned but the rezoning is inconsistent with the future land use map, the City
can revise the Plan following a review process involving staff review, Planning Commission review, and a final
decision made by the City Council. If conditions in the City change significantly or major revisions are needed,
the Plan should be updated in its entirety. Staff may wish to perform a “soft update” in 5-10 years to ensure the
Plan remains on track. This could assess progress toward implementation and allow for minor revisions to the
Future Land Use Map, if needed, but would not involve the same level of undertaking as a full-scale update.

Staff provides the following guidance:
Staff finds that the requested changes are pertaining to “new development opportunities that were not
foreseen” in the plan and the evolving development potential in the neighborhood due to the fact that the FLU
designation was placed based on the original intention to have a HOA take over the maintenance of the
stormwater however no HOA was ever formed to maintain the property. The lack of any existing or planned
infrastructure for stormwater it is in the best interest of the development to allow private property owners to
incorporate this area into their private residential lots.

2
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Subdivision Design Standards:
Section 10.2-7 C. of the Land Development Ordinance of the City of Minot (LDO) covers the process of
application and submittal for a major subdivision preliminary plat. The applicant has submitted the necessary
application documents required per Section 10.2-7 C. 2. and noticing has been conducted as required per 9.2-1
(B) and (C).
Section 10.2-7. D. requires that staff’s report consider the nature of the proposed development as prescribed
within Section 10.2-5 relating to whether or not it meets the technical requirements of Article 10, and if not,
whether any such requirements should be waived. To that end, staff provides the following guidance based on
the various requirements of Chapter 10.3 – Design Standards:
Section 10.3-1, requiring the proposed subdivision to be designed in accordance with the standards of Chapter
10.3, the Land Development Ordinance as a whole, and a list of various other plans and codes, is satisfied.
Section 10.3-2 prohibits the approval of the subdivision of land that is unsuitable for development due to a
variety of reasons. Staff finds the proposed preliminary layout, which proposes six (6) lots, each with adequate
terrain and access to be suitable for development. Staff finds Section 10.3-2 is satisfied.
Section 10.3-3. requires that a subdivision name not already be utilized elsewhere and spelled correctly. The
name Pheasant Run 4th Addition has not yet been taken and is spelled correctly. Section 10.3-3. is satisfied.
Section 10.3-4. A-F. relating to Street Names and Numbering is not applicable, as there are no additional streets
proposed via this subdivision.
The requirements of Section 10.3-11. relating to the design of the individual lots has been satisfied.
Section 10.3-12 relating to block design is not applicable.
The requirements of Section 10.3-13. A. relating to the dedication of right-of-way, easements, and street widths
is not applicable.
Sections 10.3-14 relates to sidewalks are not applicable.
Section 10.3-15 related to public utilities is satisfied. Any expansion or connection to public utilities would be
at the expense of the developer. Connection fees would apply at the rate set for this district, to be collected at
the time of building permit application.
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Section 10.3-21 related to financial security for necessary infrastructure improvements is not applicable.
Section 10.3-22 is satisfied, as the applicant is required to follow all City permitting processes for construction.

Comments:
1. There were no public comments at the time of writing this staff report.
2. The application was distributed to city departments and external public agencies within the City for
review and the following comments were received.
a. City of Minot Engineering Department:
i. Show existing Storm Water and Drainage Easement - reference Ward County Document
Number 2952817 on the plat.

FINDINGS OF FACT:
The Minot Planning Commission should accept the following findings of facts:
1) The applicants have submitted a complete application.
2) The City of Minot 2040 Comprehensive Plan Future Land Use Map designates this area as Suburban
Residential & Parks and Recreation.
3) The property is zoned “R1” Single Family Residential District on the Official Zoning Map and has a “Suburban
Residential” & “Parks and Recreation” designation on the Future Land Use Map of the 2012 Comprehensive
Plan.
4) The applicant’s request is consistent with the bulk requirements of Chapter 2.6 – “R1” Single Family
Residential District of the Land Development Ordinance of the City of Minot (LDO).
5) The applicable sections of Chapter 10.3 related to subdivision design are satisfied.
6) The Minot Planning Commission has the authority to recommend approval, with or without conditions, or
recommend denial of the Major Subdivision Preliminary Plat and Future Land Use Amendment. The public
notice requirements were met, the hearing was legally noticed and posted, and the hearing was held and
conducted under the requirements of North Dakota Century Code and Minot City Ordinances.

STAFF RECOMMENDATION TO PLANNING COMMISSION:
Staff recommends the Planning Commission adopt staff findings of fact and recommend City Council approve
the Major Subdivision Preliminary Plat for Pheasant Run 4th Addition and Future Land Use Map Amendment
from Parks and Recreation to Suburban Residential without conditions.
4
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Page 11 of 41

Exhibit 2

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Page 13 of 41

Exhibit 3

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Exhibit 4 – Site Photos

Aerial View 1

Aerial View 2

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Aerial View 3

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Exhibit 5

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Planning Commission
Staff Report

Application Date: 09/03/2026
Staff Contact: Doug Diedrichsen AICP Principal Planner
Date of Staff Report: 09/18/2026
Staff Recommendation: Approval
Date of Planning Commission Meeting: 10/13/2026
Case Number: 2026-68

Owners: Travis Mowbray

Project Name: Mowbray & Sons – CUP

Representative(s): Travis Mowbray

Current Legal Description: See Project
Description

Entitlements Requested: Conditional Use Permit –
Warehousing (Indoor)

Proposed Legal Description: No Change
Present Address: Subject property is
unaddressed

Present Zone(s): “C2” General Commercial

Proposed Zone(s): No Change

Present Use(s): Vacant

Proposed Use(s): Warehouse

Uses Allowed in Present Zone(s): See Table 2.2
for allowed and conditionally permitted uses
within each district.

Uses Allowed in Proposed Zone(s): See Table 2.2 for
allowed and conditionally permitted uses within each
district.

Present Future Land Use Map Designation:
General Commercial

Proposed Future Land Use Map Designation: No
Change

PROJECT DESCRIPTION:
Public Hearing request by Travis Mowbray, owner for a conditional use permit for warehousing (enclosed) on a
lot in the “C2” General Commercial district. The legal description of the property is Unplatted Portions SEC 36
155 83 Parcel 24H Portion North of Lots 9 thru 13 Block 3 Replat of Nortons Excess Hwy Ward County, North
Dakota.
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The subject property is unaddressed.
An aerial map of the subject property can be found in Exhibit 1.

BACKGROUND INFORMATION:
The subject property is located along a frontage road off 20th Ave SE. The applicant plans to build a new storage
building for their existing HVAC. The area requested to store materials associated with their construction and
maintenance business.
The applicants’ Letter of Intent can be found in Exhibit 2.
Site plan can be found in Exhibit 3.
A map of the area zoning and future land use can be found in Exhibit 4.
Site photos can be found in Exhibit 5.

STAFF ANALYSIS:
Conditional Use Permit Analysis:
Section 9.1-4 of the Minot Land Development Ordinance (Zoning Ordinance) recognizes that certain land uses,
when under special conditions and review can be compatible with uses that are permitted by right in a zoning
district. The review of the conditional use permit (CUP) application and any special conditions imposed by either
the Land Development Ordinance or City Staff should occur via a thorough public process as prescribed by
Section 9.2-1 including a public hearing, direct noticing to neighboring property owners, and general public
noticing within the Minot Daily News. Per Section 9.1-4 I., an amendment to a CUP follows the same process as
a new application. The applicant has submitted the necessary application documents required per Section 9.14 C. and noticing has been conducted as required per Section 9.2-1.
Section 9.1-4 F. states that the Planning Commission shall find that the application meets all of the following:
1. The request will be harmonious with the general and applicable specific objectives of the City's
Comprehensive Plan and this Ordinance.
2. The proposed conditional use at the specified location will not be detrimental to or endanger the
health, safety, welfare, comfort, or convenience of the public.
3. The proposed conditional use will not cause substantial injury to the value of other properties within
the area in which it is located.
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4. The location, size, design, and operating intensity of the proposed conditional use will not prevent the
development and use of neighboring property in accordance with the applicable zoning district. In
making this determination, the Planning Commission will consider the siting, nature, and height of
existing and proposed buildings and structures, and the extent and effectiveness of proposed buffering
or landscaping.
5. Adequate public services and facilities exist or will be provided by the developer at the time of
development, including adequate utilities, water and sewer systems, drainage structures, and other
such facilities and services which are necessary to serve the development.
6. The request will not create excessive additional requirements for public facilities and services at public
cost and will not be detrimental to the economic welfare of the community.
7. Adequate access roads or entrance and exit drives exist or will be provided by the developer to prevent
traffic safety hazards and minimize traffic congestion on public streets.
8. The request will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of
major importance.
Staff finds the proposed use to be harmonious with the comprehensive plan future land use map designation of
General Commercial and the existing underlying zoning of “C2” General Commercial. Section 9.1-4 F. 1. is
satisfied.
Staff finds Section 9.1-4. F. 2. through 4. is satisfied with conditions, as these requirements will help to ensure
harmony with adjacent uses. The subject property is visible from public streets requiring compliance with use
specific standards as outlined in Section 4.1-7. H. 1. b Industrial Uses “C2” General Commercial. The
requirements are included in the conditions below.
The conditions are as follows:
• Units shall not be used for retailing, auto repair, human habitation, or any commercial activity.
• All unit doors shall face the internal site area; no unit doors shall face the public right-of-way.
• An on-site manager’s residence may be allowed, if adequate water and sanitary facilities are provided.
Staff finds Section 9.1-4. F. 5. related to the provision of appropriate public services such as utilities and drainage
systems is satisfied with conditions. The subject property is subject to Chapter 31 of the Code of Ordinances,
City of Minot, North Dakota.
• Sewer connection fees are required for future development.
• A Stormwater Management Plan is required for future development.
Staff finds that Sections 9.1-4. F. 6. and 7. related to maintaining community economic welfare and providing
adequate road access, respectively, are satisfied. Improvements, if any are required, must be at the expense of
the developer to satisfy these two evaluative criteria. Nonetheless, the following condition of approval is
recommended to be included to ensure clarification regarding this requirement:
•
•

A final site plan is required for review for future development.
Driveway placement and separation is subject to approval by the City Engineer or their designee and will
be evaluated at the time of site plan review.
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Finally, Section 9.1-4. F. 8. is satisfied, as the request will not result in the destruction, loss, or damage of a
natural, scenic, or historic feature of major importance.
Comments:
a) There were no public comments at the time of writing this staff report.
b) The application was distributed to city departments and external public agencies within the City for
review and no comments were received.

FINDINGS OF FACT:
The Minot Planning Commission should accept the following findings of facts:
1) The applicant has submitted a complete application.
2) The property is zoned “C2” General Commercial District.
3) The City of Minot 2040 Comprehensive Plan Future Land Use Map designates this area as General
Commercial.
4) The development meets the use standards subject to conditions for Warehousing (enclosed) in a “C2”
General Commercial District per Section 4.1-7. H. 2. with conditions as outlined in the Staff Analysis section
of staff’s written report.
5) The Minot Planning Commission has the authority to hear this case and decide whether it should be
approved or denied. The public notice requirements were met, the hearing was legally noticed and posted
and the hearing was held and conducted under the requirements of North Dakota Century Code and Minot
City ordinances.

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RECOMMENDATION:
Staff recommends the Planning Commission adopt the staff findings of fact and approve a conditional use permit
for a Warehousing (Enclosed) with the following recommended conditions:

RECOMMENDED CONDITIONS:
•
•
•
•
•
•
•

Units shall not be used for retailing, auto repair, human habitation, or any commercial activity.
All unit doors shall face the internal site area; no unit doors shall face the public right-of-way.
An on-site manager’s residence may be allowed if adequate water and sanitary facilities are provided.
Sewer connection fees are required for future development.
A Stormwater Management Plan is required for future development.
A final site plan is required for review for future development.
Driveway placement and separation is subject to approval by the City Engineer or their designee and will
be evaluated at the time of site plan review.

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Exhibit 2
C-2 Mowbray Accessory Warehouse Conditional Use Permit Letter of !ntent
Unplatted Portions SEC 36 155 83 Parcel 24H Excess Hwy N of BLK 3 Nortons

Pursuant to the Minot Land Development Code Conditional Use Permit Section 9.1-4, the proposed
accessory warehouse (total of 4,000 t s.f.) and exterior improvements to include concrete building
aprons, reconfigure parking with required ADA compliant spaces and accessible route, and landscaped

buffer providing screened separation with 20th Avenue SE located immediately north.
This is a prime example of sensible re-development of a property that is no longer considered a viable
use beyond its'original development purpose.

Conformance with standards listed within Section 9.1-4 can be summarized as follows:
These facilities are consistent with commercial district uses and so are coordinated with the City's

Comprehensive Plan and Land Development Ordinance; Will not pose any detriment to the public using
these facilities or co-existing with them; Will not adversely affect the subject or neighboring properties;
The proposed facilities are coordinated with the existing site with no effect on the development

potential of adjacent properties. Public facilities serving the property are adequate and necessary
servicing will be an extension of the available infrastructure; These improvement will not create 'drag'
on existing public facilities or economics as part of their operations; Adequate traffic circulation will be

improved as a result of designated drive aisles and parking within the loU The proposed accessory
warehouse will be situated on what is currently an gravel lot and so will be an aesthetic improvement to
the existing condition. lf it is determined that somehow an issue with adjacent properties could arise
we will identify the concern and work to mitigate to the reasonable satisfaction of the concerned
property or properties.

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Exhibit 3

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Page 27 of 41

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Exhibit 4

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Exhibit 5 – Site Photos

Aerial View 1

Aerial View 2

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Aerial View 3

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Planning Commission
Staff Report

Application Date: 09/08/2026
Staff Contact: Doug Diedrichsen AICP, Principal Planner
Date of Staff Report: 09/24/2026
Staff Recommendation: Approval
Date of Planning Commission Meeting: 10/13/2026
Case Number: 2026-70
Project Name: Beaver Creek Estates 5th
Addition– Preliminary Plat
Current Legal Description: See the project
description below.

Owners: David Amsbury
Representative: Rob Berard, Ackerman Surveying
Entitlements Requested: Major Subdivision
Preliminary Plat

Proposed Legal Description: Lots 1 & 2 of Beaver
Creek Estates 5th Addition to the City of Minot
Present Address: See the project description
below.
Present Zone(s): “R1” Single Family Residential
District

Proposed Zone(s): No Change
Proposed Use(s): Single Family homes

Present Use(s): Vacant land
Uses Allowed in Present Zone(s): See Table 2.2
for allowed and conditionally permitted uses
within each district.
Present Future Land Use Map Designation: Rural
Residential

Uses Allowed in Proposed Zone(s): See Table 2.2 for
allowed and conditionally permitted uses within each
district.
Proposed Future Land Use Map Designation: No
Change

PROJECT DESCRIPTION:
Public Hearing request by Rob Berard, representing David Amsbury, owner, for a request for a preliminary plat.
The legal description for the property is Lots 1 & 2 of Beaver Creek Estates 4th Addition and Vacated portion of
Beaver Creek Court SW to the City of Minot, North Dakota.
The subject property address is 3900 & 4001 Beaver Creek Ct. SW.

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An aerial photo of the subject property can be found in Exhibit 1.

BACKGROUND INFORMATION:
The property owner seeks to subdivide two lots and vacate the right-of-way. This plat would realign two lots
taking access from Beaver Creek Ct. SW.
The preliminary plat can be found in Exhibit 2.
The zoning and future land use map are provided in Exhibit 3.
Site photos are provided in Exhibit 4.
Site comments are provided in Exhibit 5.

STAFF ANALYSIS:
Subdivision Design Standards:
Section 10.2-7 C. of the Land Development Ordinance of the City of Minot (LDO) covers the process of
application and submittal for a major subdivision preliminary plat. The applicant has submitted the necessary
application documents required per Section 10.2-7 C. 2. and noticing has been conducted as required per 9.2-1
(B) and (C).
Section 10.2-7. D. requires that staff’s report consider the nature of the proposed development as prescribed
within Section 10.2-5 relating to whether or not it meets the technical requirements of Article 10, and if not,
whether any such requirements should be waived. To that end, staff provides the following guidance based on
the various requirements of Chapter 10.3 – Design Standards:
Section 10.3-1, requiring the proposed subdivision to be designed in accordance with the standards of Chapter
10.3, the Land Development Ordinance as a whole, and a list of various other plans and codes, is satisfied.
Section 10.3-2 prohibits the approval of the subdivision of land that is unsuitable for development due to a
variety of reasons. Staff finds the proposed preliminary layout, which proposes four lots, each with adequate
terrain and access to be suitable for development. Staff finds Section 10.3-2 is satisfied.
Section 10.3-3. requires that a subdivision name not already be utilized elsewhere and spelled correctly. The
name Beaver Creek Estates 5th Addition has not yet been taken and is spelled correctly. Section 10.3-3. is
satisfied.
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Section 10.3-4. A-F. relating to Street Names and Numbering is not applicable, as there are no additional streets
proposed via this subdivision.
The requirements of Section 10.3-11. relating to the design of the individual lots has been satisfied.
Section 10.3-12 relating to block design is not applicable.
The requirements of Section 10.3-13. A. relating to the dedication of right-of-way, easements, and street widths
is not applicable.
Sections 10.3-14 relates to sidewalks are not applicable.
Section 10.3-15 related to public utilities is satisfied. The land is outside of the service area of the municipal
water and sewer system. Each site is suitable, at a minimum, for rural home development with well and septic.
Section 10.3-21 related to financial security for necessary infrastructure improvements is not applicable.
Section 10.3-22 is satisfied, as the applicant is required to follow all City permitting processes for construction.

Comments:
1. There were no public comments at the time of writing this staff report.
2. The application was distributed to city departments and external public agencies within the City for
review and the following comments were received.
a. City of Minot Engineering Department:
i. Beaver Creek CT must be constructed to township standards before permits can be
issued.

FINDINGS OF FACT:
The Minot Planning Commission should accept the following findings of facts:
1) The applicant has submitted a complete application.
2) The property is zoned “R1” Single Family Residential District on the Official Zoning Map and has a “Rural
Residential” designation on the Future Land Use Map of the 2012 Comprehensive Plan.
3) The applicant’s request is consistent with the bulk requirements of Chapter 2.6 – “R1” Single Family
Residential District of the Land Development Ordinance of the City of Minot (LDO).
4) The applicable sections of Chapter 10.3 related to subdivision design are satisfied.
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5) The Minot Planning Commission has the authority to recommend approval, with or without conditions, or
recommend denial of the Major Subdivision Preliminary Plat. The public notice requirements were met, the
hearing was legally noticed and posted, and the hearing was held and conducted under the requirements of
North Dakota Century Code and Minot City Ordinances.

STAFF RECOMMENDATION TO PLANNING COMMISSION:
Staff recommends the Planning Commission adopt staff findings of fact and recommend City Council approve
the Major Subdivision Preliminary Plat for Beaver Creek Estates 5th Addition without conditions.

4
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Page 36 of 41

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Exhibit 2

Exhibit 3

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Exhibit 4 – Site Photos

Aerial View 1

Aerial View 2

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Aerial View 3

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Exhibit 5

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