Tuesday, November 28, 2023 · 7:00 PM
Agenda
Not on file
What was on the agenda.
One-line summary
The Planning and Zoning Commission recommended approval of the Mackenzie Hills plat/CUP with ordinance clarification, recommended approval of the Krogstad IUP with edits, and closed the withdrawn Nowthen Pastures hearing.
15 items as recorded in the packet and minutes, each with a short summary of what was at issue.
ACalled to Order
Called to Order
Chair Ames called the meeting to order at 7:01 pm.
BPledge of Allegiance
Pledge of Allegiance
Those assembled recited the pledge of allegiance.
CRoll Call
Roll Call
Roll call was taken.
DApprove agenda
Approve/Amend tonight's meeting agenda of November 28, 2023
The Commission opened the meeting, approved the agenda, approved the October 24 minutes, and adjourned after finishing the public hearings and recommendations.
The agenda was approved.
EApprove October 24, 2023 minutes
Approve/Amend Meeting Minutes of October 24, 2023
The Commission opened the meeting, approved the agenda, approved the October 24 minutes, and adjourned after finishing the public hearings and recommendations.
The October 24, 2023 meeting minutes were approved.
1Mackenzie Hills Preliminary Plat
Public Hearing: Mackenzie Hills Preliminary Plat, PID 20-33-25-21-0006. Consider approval of a 3-lot single family residential subdivision located south of Bear Lake, with access from Engen Blvd.
The Commission reheard Mackenzie Hills, a three-lot Gustafson family subdivision south of Bear Lake. Most discussion focused on whether the future 205th Avenue right-of-way should be built now to public-road base/subbase standards or treated as a narrower private driveway until more development occurs. Several neighbors supported keeping it as a driveway and objected to showing a future road through the area. The Commission voted 5-0 to recommend approval of the preliminary plat and CUP for deferral of street paving, subject to the planning report conditions and a City Code amendment to clarify right-of-way and driveway requirements before City Council action.
The Planning and Zoning Commission recommended approval of the preliminary plat and CUP for street paving deferral, with an ordinance amendment to clarify the right-of-way/driveway requirements before City Council review.
2Krogstad Interim Use Permit
Public Hearing: Krogstad Interim Use Permit, PID 24-33-25-34-0001. Consider approval of a request by Jacob and Karlee Krogstad to operate Northern Pavement Maintenance at 19800 St. Francis Blvd.
The Commission considered Jacob and Karlee Krogstad's request to legalize Northern Pavement Maintenance as a home extended business at 19800 St. Francis Blvd. Staff said the site is commercially zoned but still needs an IUP because it includes a residence, and noted existing screening and a neighbor-support letter. A neighbor raised runoff and pollution concerns. The Commission voted 5-0 to recommend approval, correcting a numbering issue in the findings and removing condition 10 on additional screening.
The Planning and Zoning Commission recommended approval of the IUP, with corrections to the findings numbering and removal of condition 10.
3Nowthen Pastures Preliminary Plat
Nowthen Pastures Preliminary Plat, PID: 08-33-25-41-0001. Open the public hearing which was continued from October 24, 2023 and take public comment. Close the public hearing and note for the public record that the 3-lot plat has been withdrawn.
The Commission reopened and closed the continued Nowthen Pastures public hearing with no public comments. Staff stated the three-lot plat had been withdrawn and that the property owners may return with a new plan.
The continued public hearing was opened and closed with no comments, and staff noted that the 3-lot plat had been withdrawn.
UP-aLeistico Subdivision
Leistico Subdivision - plat withdrawn, new concepts pending
The Commission reopened and closed the continued Nowthen Pastures public hearing with no public comments. Staff stated the three-lot plat had been withdrawn and that the property owners may return with a new plan.
This upcoming-projects item was listed on the agenda but was not discussed in the minutes.
UP-bAssisted Living Facility
Assisted Living Facility - 7780 205th Avenue NW (6 residents)
The agenda listed several upcoming projects, including an assisted living facility, Engren IUP, ordinance updates, a septic-system ordinance public hearing, and a Sauter IUP, but the minutes do not record discussion or action on those items.
This upcoming-projects item was listed on the agenda but was not discussed in the minutes.
UP-cEngren IUP
Engren IUP, home business - 19111 Cleary Rd.
The agenda listed several upcoming projects, including an assisted living facility, Engren IUP, ordinance updates, a septic-system ordinance public hearing, and a Sauter IUP, but the minutes do not record discussion or action on those items.
This upcoming-projects item was listed on the agenda but was not discussed in the minutes.
UP-dLandscaping, fencing, and screening ordinance updates
Complete updates to landscaping, fencing, screening ordinance
The agenda listed several upcoming projects, including an assisted living facility, Engren IUP, ordinance updates, a septic-system ordinance public hearing, and a Sauter IUP, but the minutes do not record discussion or action on those items.
This upcoming-projects item was listed on the agenda but was not discussed in the minutes.
UP-eSeptic System Ordinance public hearing
Public Hearing for Septic System Ordinance
The agenda listed several upcoming projects, including an assisted living facility, Engren IUP, ordinance updates, a septic-system ordinance public hearing, and a Sauter IUP, but the minutes do not record discussion or action on those items.
This upcoming-projects item was listed on the agenda but was not discussed in the minutes.
UP-fSauter IUP
Sauter IUP - 8643 185th Ave - storage of excavating equipment
The agenda listed several upcoming projects, including an assisted living facility, Engren IUP, ordinance updates, a septic-system ordinance public hearing, and a Sauter IUP, but the minutes do not record discussion or action on those items.
This upcoming-projects item was listed on the agenda but was not discussed in the minutes.
ZAdjourn
Motion to Adjourn
The Commission opened the meeting, approved the agenda, approved the October 24 minutes, and adjourned after finishing the public hearings and recommendations.
The meeting was adjourned at 8:28 PM.
5 motions on the record.
M001MOTION BY PEARO, SECOND BY HAAPALA TO APPROVE THE AGENDA FOR TONIGHT'S MEETING.
moved by Pearo, seconded by Haapala
M002MOTION BY AMES, SECOND BY CARLSON TO APPROVE THE MEETING MINUTES OF OCTOBER 24, 2023.
moved by Ames, seconded by Carlson
M003MOTION BY COMMISSIONER PEARO, SECONDED BY HAAPALA TO APPROVE THE AMENDED CONDITIONAL USE PERMIT SUBJECT TO THE PLANNING AND ZONING COMMISSION FINDS GRANDING AN INTERIUM USE PERMIT CORRECTING THE NUMBERING AREA AND REMOVING NUMBER 10.
moved by Pearo, seconded by Haapala
M004MOTION BY CARLSON, SECONDED BY HAAPALA TO APPROVE THE PRELIMINARY PLAT OF MACKENZIE HILLS AND THE CUP FOR DEFERRAL OF STREET PAVING REQUIREMENTS SUBJECT TO THE CONDITIONS AS OUTLINED IN THE CITY PLANNING & ZONING REPORT AND AMENDING THE ORDINANCE TO CLARIFY ROW REQUIRED.
moved by Carlson, seconded by Haapala
M005MOTION BY JORGENSEN, SECOND BY HAAPALA TO ADJOURN THE MEETING.
moved by Jorgensen, seconded by Haapala
When someone referred back to earlier business, we found the matching prior discussion and tied it in here.
Mayor Pilon explained that a previous hearing was held and some spoke at that hearing, they are welcome to speak again at this public hearing if they wish.
— Pilon
What this is about
The Mackenzie Hills hearing was being repeated because there had been an earlier public hearing.
The records I searched do not contain a prior Mackenzie Hills public hearing or a prior decision explaining why that hearing was being repeated. The search results returned unrelated 2026 items, such as public forums, goal-setting discussions, annual appointments, and a complaint policy, but nothing matching the Mackenzie Hills hearing recollection.
Many of the same residents spoke and reiterated their thoughts from the first hearing.
What this is about
Residents referred back to comments made at the first Mackenzie Hills hearing.
The records searched show a partial match. The April 28, 2026 packet includes materials for an amended conditional use permit for a state-licensed residential treatment facility and on-site education services, apparently the Mackenzie Hills matter. The draft findings state that the Planning Commission held a public hearing on April 28, 2026 and recommended action on the amended CUP with conditions. Those packet materials describe conditions including a 40-resident limit, no conversion to a Department of Corrections licensed facility, and requiring future CUP amendments for expanded capacity, new buildings, more intensive services, or demographic changes. However, the search results provided do not include the resident testimony from the “first hearing,” nor do they show residents later referring back to those earlier comments. No formal vote outcome on that recollection is shown in the searched excerpts.
Planner Stockman stated that there are required and detailed Development Agreements to go along with the Deferral of Street Paving allowance/platting and the ROW for this shared driveway is dedicated to the city which was not always done in the past (for private driveways).
— Stockman
What this is about
Planner Stockman compared the proposed dedicated right-of-way/shared driveway to past private-driveway practices.
The records show a partial match. Recent subdivision materials do reflect the practice Planner Stockman described: minor subdivisions may require staff to coordinate a Development Agreement, and if dedication of right-of-way on existing streets is required, the subdivision goes to the City Council. That language appears in ordinance materials included in the December 23, 2025, February 24, 2026, and March 10, 2026 packets. For specific developments, the March 10, 2026 packet included a resolution approving a Development Agreement for K Land Development, a three-lot minor subdivision, with approval contingent on city conditions and review by the City Attorney, Planner, and Engineer. The April 14, 2026 meeting materials also note that K Land Development required a development agreement and that the developer had to provide deeds for right-of-way easements for Tiger Street Northwest, along with drainage and utility easements. The records searched do not contain a clear prior discussion comparing this to older “private driveway” practices or saying that right-of-way for shared/private driveways was not always dedicated in the past.
Planner Stockman also explained why a road coming in through the other Gustafson property to the north is not feasible due to the wetland locations and shared a delineation report, which was done several years back.
— Stockman
What this is about
Planner Stockman referred to an earlier wetland delineation report when explaining why a road through the other Gustafson property was not feasible.
The records I searched do not contain a prior wetland delineation report, Gustafson property discussion, or prior decision matching Planner Stockman’s recollection about why a road through the northern Gustafson property was not feasible. The search results that surfaced from the December 23, 2025, February 24, 2026, and March 10, 2026 packets appear to be general subdivision and lot-line-adjustment ordinance language describing City Planner review procedures, not records of the Gustafson property, wetlands, road feasibility, or a formal council action on that issue.
The mayor and Commissioner Pearo explained how the Pearo's dedicated 66' of easement for ROW on their property, they self-maintain it and she will be long gone if it ever gets to a point where it is considered a "road".
— Pilon and Pearo
What this is about
Mayor Pilon and Commissioner Pearo compared the Mackenzie Hills right-of-way situation to the Pearo family's earlier right-of-way dedication and self-maintenance arrangement.
The records searched only partially match this recollection. At the February 24, 2026 meeting, the Planning Commission approved a variance for Lot 1 and approved a preliminary plat “as conditioned by Planner Nash,” both on 6-0 votes. That appears to relate to the plat/right-of-way discussion, but the excerpts provided do not identify the project as Mackenzie Hills or describe the right-of-way details. The records I searched do not contain a prior decision or documented discussion matching the specific Pearo family example — a dedicated 66-foot easement for right-of-way on their property, self-maintenance, or the statement that it may only become a “road” in the distant future.
### A RESOLUTION MAKING ANNUAL APPOINTMENTS WHEREAS, The Nowthen City Council makes its annual appointments to fill certain positions within city government and makes designations for the Official Dep
### 2. PUBLIC FORUM Mayor Hybben opened the Public Forum. No citizens came forward to address the Council. The Public Forum was closed. Mayor Hybben took the opportunity to present a Certificate of Ap
## 2. Public Forum Mayor Hybben opened the Public Forum, however there was no one signed up and the public forum was promptly closed. ## 3. Goal Setting for the Remainder of 2026. EN City Clerk Johnso
## 2. Public Forum Mayor Hybben opened the Public Forum, however there was no one signed up and the public forum was promptly closed. ## 3. Goal Setting for the Remainder of 2026. City Clerk Johnson i
MAYOR HYBBEN. MOTION CARRIED. ## 2. Public Forum Mayor Hybben opened the Public Forum. Brady Kreger 6XXX 207th Avenue NW - Mr. Brady Kreger addressed the Council regarding his complaint about the new
Documents and recordings archived for this meeting, when available.
Meeting Planning and Zoning Commission Meeting — Minutes (2023-11-28)
Minutes · Tuesday, November 28, 2023
5 pages
Meeting Planning and Zoning Commission Meeting — Agenda Packet (2023-11-28)
Packet · Tuesday, November 28, 2023
75 pages
Meeting recording
YouTube
Transcript · 556 segments · 1:26:34
The summary on this page is AI-extracted and may need correction. The PDFs and the meeting recording are the official record. What do the trust labels mean?