00:00:11,000	We call. We’ll call to, uh Order the, uh, burly county planning its owning commission meeting for April and, uh, we’ll start off with a roll. Call Marla if you could take us through a roll call. OK? Comm. Bittner. Comm. Jarrett here. Comm. marquardt. Comm. Monson. Comm. Patrick. Comm. Schmitz here. Comm. streifel here. Comm. zuroff here Chair here.

00:00:46,330	One missing. Alright. We have quorum. Uh, we’ll move into the approval of the march minutes. I assume everyone has had a chance to read those. Motion to approve second, All right. It’s been moved and seconded to approve the minutes from the march meeting. Uh all in favor say I oppose Hearing none The minutes are approved. All right.

00:01:26,470	We’ll move into the consent agenda with the peaceful view subdivision. So Um mitch Marlo if you could take us through some details on that. Good evening commissioners. This is the peaceful view subdivision and the zoning change. We have had this on our agenda before.

00:02:00,270	Um, but it was put on hold for, uh, We need to vacate a section line. We are waiting for the attorney general’s opinion on vacating the section line that ran through their house. Um, we did get her opinion and The section line was Removed. I guess would be the word. But.

00:02:28,270	The petitioners are looking to put in a two lot subdivision of 17.89 Acres, and it’s gonna be two lots. Like I said, Um, there was a question on us. Section line and we did get that. Taken care of. So. The preliminary plat was re cemented on the 21st of March for the April 10th meeting.

00:02:51,370	The section line has been vacated alternative access to the Army Corps of Engineers Land has been is located on the west side of the property. So that is taking care of. That was one of the concerns the zoning change request from agricultural to our one rural single family residential is appropriate zoning change for this area.

00:03:13,130	The proposed lots are under 10 acres and will not qualify for the egg zoning. Which you need a minimum of 10 acres. The surrounding property is a mix of agricultural and rural, single family residential. And. I have a map here. So we found on the preliminary plat that it does fulfill the requirements of Article 33 the storm Water management plan our waiver.

00:03:50,470	Um, has been submitted, Uh, ping waiver has been requested. The section line vacation has been approved, and the preliminary plot has been submitted to all reviewing entities and all the changes and corrections have been made.

00:04:14,530	The zoning change does meet the requirements of article 12 of the Burly County Ordinance, and the zoning change is consistent with the properties in the surrounding area. Staff recommends approval of the preliminary Plat and the zoning change and a request for a public hearing. I as a planning commission.

00:04:36,930	You can approve them both, um approved one or the other with conditions and call for a public hearing after the conditions are met, Deny it or table it. For the next meeting. So any questions? Uh, yeah, Marlon just just from my understanding the access that is through this property to the core of engineer land.

00:05:00,000	That’s a requirement by the core, or is that a that was a requirement on the plat because we were eliminating the section line and its core land along the river, and they have to have access. OK, so that is that’s our requirement, but it’s really a requirement from the core of engineers. We replace the section line with an axis. Got it. Thank you. All right. Any other questions for Marla. OK, seeing none. Um And move into discussion on this on the, uh Peaceful view subdivision.

00:05:31,470	Any discussion. Any emotion to, uh They have no move this to a public hearing. We, uh Probably hearing who who got approval process. OK? All right. It’s been moved by Comm. patrick and seconded by Comm. streifel to, uh, move this forward to a public hearing proving approving the A preliminary plat and zoning change.

00:06:06,130	All right. Any discussion on the motion. No seeing none. We’ll move into a vote. Can we get a roll call vote, Marla. OK? The motion is to approve the preliminary plan and the zoning change for public hearing. Comm. Bittner. Commissioners are off. Yes Comm. Jarrett? Yes Comm. streifel Comm. Schmidt? Yes. Comm. M? Yes. Comm.

00:06:39,900	Patrick. Chair. Yes. All right. The piece of view Subdivision, Uh, zoning change Preliminary Plat moving to a public hearing has been approved. Yep. And. Uh, we’ll move on to the Flex subdivision. OK? This is the Flex subdivision. Um It’s located on 100 and 10. And. They approached us wanting To develop a three lot subdivision.

00:07:24,000	Uh, containing 40 acres, more or less agricultural zoning. Um The status while the developers are curtain Dana Flack. Um and mark Isaac is doing the plat. Tonight. They’re requesting approval for a public hearing.

00:07:55,600	Um Mark, Isaac and the petitioner Kurt Fleck Matt with burly county staff in March for pre application meeting to discuss his 40 acres. Mr Fleck was interested in plotting his property into three lots. Two lots will contain 10 acres with the remaining lot containing 18 acres, more or less. A zoning change will not be required because the lots will stay at 10 acres or more.

00:08:18,470	Um were a few committee did not find any irregularities, which would cause concern in the planning process, and there are three buildings on the property, which will be contained in lot one That’s the P. That is, um he is planning on dividing That’s the location map. So. You can see where this is gonna be located. And. This was a preliminary plot. That was he has made corrections.

00:09:17,800	Um so there is an easement through the middle. But. All. The corrections have been made, Um Zoning is not going to change and it does fulfill the requirements of Article 33, a paving waiver will be requested in a store management waiver plan. Our waiver will be requested or submitted. And.

00:09:45,570	The preliminary plot has been submitted to all reviewing entities all current concerns and corrections have been addressed. This petition for a preliminary plat meets all the administrative requirements of the burly county zoning ordinance and staff recommends approval of the preliminary plaque and calling for a public hearing. And. You have the same four options.

00:10:08,570	You can approve it, prove it with conditions deny it or table it. For the future. All, right. Any questions for Marla Chair. Yes, Commissioners are off. I’m just kind of looking at the proposed access easement here and, uh, the outline of the existing buildings and I know with, you know, within the city of Bismarck and I know we’re not Bismarck.

00:10:30,870	We’re Burle County, but, um they do require, uh, you know, offsets from all right of way and access easements for structures and I was just wondering if burly county is about the same because it appears The edge of the access easement has literally running right off the backside of that building.

00:10:52,730	So It is but there is enough distance between them for our requirements for that access easement. Um, we did have engineering was in our review committee and they did not have any concerns. All right. Any other questions for Marla? Seeing none. Thank you, Marla. All right. We can move into discussion or action on the Flex subdivision.

00:11:26,030	Move to approve and call for a public hearing. All right. It’s been moved for approval by Comm. Zuroff Seconded by Comm. Alvi Jarrett and, uh, to move this to a or to excuse me to approve the preliminary plan and move it to a public hearing. We will move into a roll call vote.

00:11:51,600	OK? The motion is approve the preliminary plat and move it to a public hearing. Uh, yes. Vote means you approve. So Comm. streifel Comm. Zaroff? Yes. Comm. Patrick Comm. Schmidt? Yes. Comm. marquardt Comm. Jared Comm. Bitner Chair. Yes. I’ll approved All Flex subdivision is a approved on the preliminary plat, and we’ll be moving to a public hearing.

00:12:25,600	Uh, we’ll move into What’s that we got? Yes. And. Uh so we will move into the hilltop PUD. Hey. Um, this is the hilltop. Um, there are requesting a zoning change for their property. Which is located at 800, Northwest 100 and 49th Avenue. And. I have a location map here. All right. OK we’ve approached by Elliot Carville and kyle O.

00:13:23,330	Um, regarding they would like to put a wedding venue events venue on their property. And when they met with us. We had several discussions on how they would like to do this property and and, um, staff suggested that they apply for a pud. And.

00:13:53,270	What they’re doing is, um They’re asking for approval in a process. The first step is to see if they’re gonna get the PUD. So. We have a preliminary plat showing where and that was in your packets were they planning on setting the property? And how it’s going to look.

00:14:19,870	Staff did request that they start with the PUD if the PUD is not approved, then they are not planning on continuing with their project. Because, um, in order to do this in a phase, um, and to keep the expenses down, they’re going for the planned unit development. For this property. And. The request does fill the requirements of article 20. You’ve all seen an attachment The, uh PU was in your packets.

00:14:48,370	Um, we have compared it to what our article is, Um, Article 20 regarding PU DS. There are a few items that they will need to address in the PUD. But Staff Feel said it is Enough to continue on to a public hearing for the zoning change. Um, we have contacted the neighbor directly to the east of the property. Here.

00:15:20,270	Because. There is some things that are meaning that we discovered, um that before they cant the property they’re going to have to address one is moving the make an adjustment to the road Master plan. Um things like that, but that will be taken care of in the platting stage today. We’re just here for the zoning change.

00:15:41,700	And. Um, the property is located on a paved asphalt road. The surrounding area has a low population, Um, and most of the surrounding properties are 40 acres, parcels on average, and there are eight properties within a quarter mile 100 and 49th Avenue northwest in highway 83 have designated turn lanes that will lead to this

00:16:09,330	property on 100 and 49. And. Um the PUD will stay with the land but has strict limitations for the uses allowed in the PU zoning, and it isn’t allowable change. To, the zoning of the property before Platting. Um, the property will be planted before the PUD is recorded. So Um And. Like. I said.

00:16:39,330	We have contacted the neighbor next directly next to him. In fact, the road We’ll go right next to his property line. I know that’s really hard to see. But it will give you an idea. Where that line is and where the property is. They are planning on zoning just this. Area here. And. They.

00:17:19,270	Wanna make that a PUD so that they can run their wedding and event venue. Um In. Your package you did have some suggested plans that they were looking at.

00:17:41,270	Chair agney before Marla moves that Marla, can you can you point out on that map that you just covered up because since it’s so hard to see, but for people that are looking at it on, Uh, TV if you can show where that road would kind of be out that you’re discussing I think, um That one there. Let me grab something. Is that the preliminary that you’re grabbing The Yeah. I was gonna say it looks. It’s. It shows a whole lot better on that one. Yes, Yeah, yeah.

00:18:19,130	I just got these. Um today I had big hard copies, but So see how the road is going to go around and that road and I’m sure Casey can explain more, but it doesn’t really It’s not a concern right now. Um, because we’re just looking at the zoning. And. We’ve done a PD before.

00:18:43,930	Which, um As you know, it’s Planned everything in the PUD will be addressed, and they cannot change from that PUD unless they request an amendment to their PUD. It starts Starts out as a blank slate, which is egg zoning. And when we put together the PUD, we can list any of the concerns that we have, um, lighting.

00:19:09,730	If the lighting is gonna bother the neighbors if we wanna have buffer zones, um Traffic has been addressed. Um, just about everything you can think of. We’ve addressed in this and we’re kind of asking if you have any other suggestions. And we’d like you. They would like you to approve it for a public hearing, And At.

00:19:33,870	That time we’ll submit the final PUD for you to look at. This is the preliminary PUD. All right, so changes can be made. Changes the through a public hearing or during the public hearing, and even we can make changes from now until the public hearing.

00:19:54,700	It’s the way we look at it the way I look at it is it’s like a preliminary plat. When. You do a preliminary plat. We come to you, and we show you the preliminary plat. We explain what they’re going to do, how it’s gonna look. And.

00:20:17,600	Then if you prove it for a public hearing, then you get the final plot which has all the conditions, the roadways, culvert everything. On it. So that’s what this pud zoning is. This is our preliminary And then we will move on to a final. You don’t, um, we have the same rules on this one. You can approve it for a public hearing. Prove it with conditions, Deny it or table it.

00:20:40,230	It’s all works the same So more questions? Yeah. Any questions for Marla. Yeah, uh, Comm. streifel. When. You said. You spoke with the neighbor. Was there any feedback or you just spoke with them to let them know that this was the neighbor that is located to the east. Um I did send him a certified letter because we’re gonna be changing.

00:21:05,600	Uh, the master road plan for the road that goes up there. He did receive the letter, and he signed off on it, but he did not call her office with any comments. Write any comments he was given the opportunity to email So But.

00:21:25,400	It was C certified, so I do know that he received it because that was one of the concerns. All, right? Uh, any other questions for Marla? Uh, commissioners or office Chair? Agnew? Uh, just looking at the PD general layout of everything. Um, and maybe Casey or Marcus.

00:21:46,030	Wanna pipe in here, Um, just with the amount of traffic coming off of their proposed private roadway coming down onto a paved road, Uh, on 100 and 49th there. Um is there any way we could get it written into their PUD that the access will be, uh, paved in a hard surface. To the right of way line in efforts to prevent track out Yes. Yes.

00:22:12,400	Or Casey Marcus said overkill or I think that was one of your suggestion? Yeah. Casey. Yes. Welcome. Hey, uh, Casey with really kind of Highway department. The proposed request to change the railway match plan is going to the east of the property line. Through Oh real rough with my finger, but it kind of goes up to that high area.

00:22:34,370	Then it comes back into the northeast corner of the property What they’re showing on there looks like it’s the driveway, but we had talked about is long term whenever the road goes in if the roadway master plans approved that that which is a big if they have to go through that process is that at some point It would That would then

00:22:54,230	tie in or there’s the driveway and we had also suggested pave it at least to the right of way line go through there just because it’s gravel Traffic E, everything else going through there. They seemed very open to that going through there as concerns.

00:23:14,930	Uh, otherwise, uh, they did send in the request to amend the roadway Master plan, then that would go forward. Um, I did send it out to staff, Uh, Sheriff’s Department rural fire. E. Everybody else They came back, said they didn’t have any objections to it. But we also want to make sure the adjacent landowner knew about it. Not a.

00:23:32,170	You might before you didn’t potentially have a road on your land. Now, you may potentially have a road and just be able to go to the public process on that. OK any any other questions for Casey before he steps away? Thank you, Casey? Uh, all right. Any additional questions from Marla. Uh, seeing none.

00:23:57,600	Uh, we can move into, uh Discussion and action on the zoning change. Uh, for the For the, uh Or the hilltop zoning change, I guess. Yeah. To, uh, from agricultural to a PUD. Move to approve and call for a public hearing. Second all right. It’s been moved to approve by Comm. zuroff. And seconded by Comm. Jarrett.

00:24:32,470	All right? We’ll move into a roll call vote. Thank you, Marla. The motion. The motion is to approve the preliminary PUD and move it to a public hearing. Um, A? Yes vote means you approve. Comm. Marquardt. Yes. Comm. Jarrett. Comm. Bidner Yes. Comm. patrick Comm. Schmidt? Yes. Comm. streifel Yes. Comm. Zuroff? Yes. Chair. Yes. All approved.

00:25:13,500	All right, the hilltop PU zoning change has been approved. We will move into the public hearings on the agenda. Our first public hearing is the Baker subdivision. So mitch, if you can give us a little bit of, uh, detail and background, I’d appreciate it. Good evening commissioners. Mr Chair. This is, uh, a plant that, um is located in. Well.

00:25:37,400	Start with the, uh sorry legal description. It’s the located part of the southeast Quarter, Section seven and part of the Northeast Quarter section 18 all in, uh, township 137 North range 79 West. It is, uh, Missouri Township section 18. Um It is a two lot subdivision. One lot Lot. One is 54.04 Acres Lot two is 14.

00:26:03,070	47 Acres, comprising a total of 69.19 acres Um History on it. It’s, uh, it’s been through four revisions. Uh, the paving waiver was issued on February 21st. The public hearing for the Section nine vacation. The Easement vacation was approved. January, 17th. Stormwater waiver was approval was issued on March 21st.

00:26:32,470	Um The Basic of the subdivision is there’s um they wanted to. They started out as three subdivision, but we they went through the the vacation and so they comprised it down to two. There right away on the North South section Line seven section That’s a part of that highway 66 or 66 Street. Um It has a 75 ft right away.

00:26:54,530	That’s that’s the entry for Lot two. There are, um Section of the, um Non action. Non Access lines are on both lots. There is an entry On. Lot two on Lot one on the on the Plat the vacation. Is still there. The section line is still drawn on it. But it, um, you can.

00:27:20,500	We can only vacate the easement of the section line, so it’s still drawn on there. Any questions for mitch? And. I guess I. Just do have one question for you, mitch.

00:27:42,530	Uh, the access to the, uh to the To the is it core of engineering land, or is it not? It is the these There is core section below these two lots. There’s No. There were no, uh, entries to that they have a is they have their their, um water easements. Storm water easements for in the center of a lot two or lot one. But. There’s. There’s no, um, easements to that core land. There wasn’t there before, so there’s none right now.

00:28:02,900	OK, so the vacated Section nine doesn’t affect they can they can get to that land down on. Uh uh, 66th Street. Ok. Thank you, uh, any other questions for Mitch? Seeing none. Thank you, mitch. We’ll move into discussion. Our. Excuse me You will not do that.

00:28:26,530	We will actually, uh, open the public hearing for the Baker subdivision. So. We have opened the public hearing. Uh, if you would like to speak, Uh, in this public hearing, please approach the lectern. Announce your name and where you’re from. Anyone like to speak on the baker subdivision. Anyone for the Baker subdivision. Seeing. None.

00:28:55,570	Uh, we will close the public hearing and move into action on the Baker subdivision. Motion to approve All, right? Uh, there’s been a motion to approve by Comm. Bittner and seconded by Comm. Marquardt. Is there any discussion on the motion? OK seeing none. We’ll move into a roll call vote if you could take us through that, Marla OK.

00:29:28,070	The motion wants to approve the Baker subdivision and Give it a due pass recommendation to the county commission. Comm. off. Yes. Comm. Jarrett. Comm. Bittner. Comm. streifel Yes. Comm. marquardt. Comm. patrick Comm. Schmidt and Chair Yes. All approved. All right.

00:30:03,070	The, uh, public hearing has been or the Baker subdivision has been approved through public hearing to move on to the county commission. We’ll move into the next agenda item under the public hearings. That is article 21 the Floodplain district. So mitch, if you could take us through the details Mr Chair. Um This is the, uh, the amend article 21 did if you open the public hearing Uh, no, not yet. You. Wanna Go ahead and open it.

00:30:27,800	Uh I guess if you could just take us through the some of the details of it, Uh and then we and then we can open. OK? Um, this is an ordinance to amend and reenact article 21 of 1972 amended zoning ordinances of Be The county article 21 is the floodplain district.

00:30:47,030	Uh, we? Because We have a new Um, a new cycle of floodplain maps, the FEMA maps. We have to change our ordinance to adopt those And. This is this was updated from Three different jurisdictions. We combined part of these so they are in line with the city of Bismarck first.

00:31:10,170	Then the North Dakota Department of water Resources also viewed that and had corrections and FEMA also, um, region had corrections, too, so it was revered by three different entities. Yeah, and it’s basically bringing it up to speed for these new maps, floodplain maps and some of the other, uh NF IP requirements that weren’t in there before. Um, I can go through it.

00:31:34,730	First year. Every Every section that is highlighted. Is, uh, is an addition. New Um, if you see a strike through on on any of these sections that that’s where the old was being replaced with a new partner or completely removed. Um, I was gonna say, mitch.

00:31:58,730	Uh, just, uh, just before you start going through the details of it, Um, I. Guess. Are there any questions? Kinda On The overview of of this for mitch. Uh, If. If, not we’ll, We’ll then open the public hearing so we can go through that and we talk about the details. OK.

00:32:20,470	We will, uh, open the public hearing for the, uh, the article 21 Floodplain district and, uh, and discuss the details here. Within of all the changes. So OK, I have to read this again. I know this is an ordinance to amend and reenact article 21 of the 1972 Amended Zoning Ordinance, the burly county So.

00:32:41,470	I was saying, uh, any of the areas that are highlighted in yellow? Those are new And the areas that have strike throughs. That’s the old and it was changed to meet the new Requirements. Female requirements. Um I don’t know if it’s necessary for us to go through each one. Unless you have questions on them.

00:33:03,270	I can I can explain some of the large changes that are here? Yeah if you could take us through that, and then that may spur some questions. Thank you the mobile home. Um, the difference on the mobile homes is that they have We are now referencing to the bottom of the frame. And that, um, includes any of the mechanical Um The HV AC.

00:33:32,600	The, heating, duct electrical and the plumbing has to be raised up above the baseline. Elevation. The, um Then. That’s to the bottom of the FRA Me. Um the other is the enclosures. We’ve included this as new And, then closure is basically a garage. And if we attach to the house But.

00:33:59,270	It’s, uh, we’ve added that in there Um On the accessory structures on page 615. The. It goes it defines. These are for, um accessory buildings that want to be built below the baseload elevation. That are not elevated. And, so FEMA has restricted these from technical. Uh, bulletin number two. They restricted these to to several different categories. One is less than 600 square feet.

00:34:25,400	Accessory building less than 600. Ft is allowed to meet technical builds, too. The next page. He goes to, uh, accessory structures that are more than 600 Square feet. And that would have to be Dr. Co bolt and, uh P 348.

00:34:47,470	These all have to be, uh, the these all have to have a non conversion agreement signed and recorded by burly county which basically means they cannot turn these into a residential structure. These are non residential structures are for parking a car and that’s it.

00:35:09,670	Um They have accessory structures that are not enclosed and do not have more than one ridged wall that’s allowed in technical bullets and two these are basically like a three wall shed or a lean to That’s allowed, but As we’re seeing here. They’re trying to remove these below the base fad elevation construction. It was there were no restrictions before. And, So. It’s now it’s allowed, but it’s restricted down to 600 square feet. Um The other.

00:35:38,600	I think that’s about the large changes that I’ve, I see in the ordinance. Um, basically everything else if it’s if it’s not highlighted or struck out. It is the same as it used to be. Yes. And the action.

00:35:57,800	You would like us to take on this is, uh, obviously going through the public hearing and then approving to the county Commission, Correct? Yes move to the county Commission for final final approval. Mr chair. Yes, I always I only wanna do this for clarification because I do know that There’s a part of this ordinance that has been worked on closely with the city as it relates to manufacture home parks and the base flood elevation level for pre Uh,

00:36:24,030	prefer firm. Parks, and that’s 1 FT. There versus 2 FT. Because. We have several parks within the county of burly and the city of Bismarck that can’t meet 2 ft. When they bring a new trailer into those parks. In fact, 1, ft is gonna be difficult.

00:36:48,570	In some cases, So, um, but the city and the county worked also with FEMA to make sure that our ratings with related to flood insurance weren’t going to be negatively impacted as a result of that.

00:37:05,200	So just for those people to understand that that was a There was a It still is a concern for the city because it’s going to eliminate or cause some potential issues in, uh, South Bismarck on some of those parks, but All, right. Thank you for the clarification? Uh, any other questions for mitch? Mr chair. We. We are not changing any of the base load elevation of the Freeborn still gonna remain three for a 2 FT. 2 ft. In, the special flood hazard areas and 2 ft.

00:37:25,870	In the exons, which is the No. Is. Yeah. It’s It’s Gonna be staying the same for that point. It was around the manufacture home products. You’re right, right? Yeah. What we see in the county that most of the flood plains have stayed the same. A. Lot of them had been reduced. And a lot of them.

00:37:45,700	The BA base, F has been dropped down, too, as well as including large areas of the flood plain. Floodway. Excuse Me So There is has been A little bit better for building out in the county and on somebody’s existing lots that were to completely under the baseload, elevation and now or or in the floodway.

00:38:06,030	You had a question. Yes, Yes, thank you. Chair. Um, Mitch I want. I want you to look at page 14 recreational vehicles, OK? And. I understand? I know that in to the regal vehicles can’t be parked on the street. For more than a spec specified period of time.

00:38:29,330	But why would we restrict that in the county to 100 and 88 days, someone has a piece of property and they have a a motor home or whatever, and they park it in the in their backyard. Um Why would they not be able to do that? And that what it’s saying? No. That’s for you know, an RV site.

00:38:46,000	That’s in the camp for Yeah, they don’t want they don’t want permanent RV vehicles like park models and that sort of thing in in these, uh, campgrounds. All right. Any other questions for mitch. Yeah Comm. Bener. Thank you Mr Chair. I think I brought up before on page 16.

00:39:09,070	Um, about the middle of the page, where it talks about accessory structures that are not enclosed. And do not have more than one. I think that word is supposed to be rigid. RIG ID. Yeah, you did, didn’t you? I did. Quickly. All right. Any other questions for mitch? Questions, changes modifications. OK? Hearing none. Thank you, Mitch.

00:39:44,700	Uh, if anyone else would like to speak about the article, 21 Floodplain district Uh, please approach the lectern. Anyone would like to speak on article. 21 Flood Plain District Last call for the article. 21 Flood Plain District. Seeing. None. We will close the public hearing on article 21 the flood plain district and move into action on on that agenda.

00:40:24,070	Motion to approve of the changes noted Alright. It’s been moved to approve the changes and send this to the county Commission for approval by Comm. Bittner. Uh, he’s been seconded by Comm. patrick. And. We’ll move into a roll call vote. OK. The motion was to Um, move the amendment to the county Commission for Um, final approval.

00:40:53,470	Yes both me and you agree? No vote means you do not Um Commissioners are off. Yes. Comm. Bittner. Comm. Jarrett. Comm. Strea Comm. Schmitz. Comm. Marco Yes. Comm. patrick Chair. Yes. All approved. All right article 21. The Floodplain district has been approved to move to the county Commission for for a final approval. Uh yes, Commission. Penner.

00:41:29,870	I just got a question from mitch. Um When. We were talking about this recreational vehicles. And you said that applies to Well, you know. RV campground. Yeah. Where. Does it say that it doesn’t but it’s got it’s We’re not gonna make everybody in the county move their RV.

00:41:51,800	You know AC, you know, over 100 and 80 days. You. Gotta move it, right. Would You make a note in your notes. So that comes before the county commission that we clarify that I will look into that. I will see if we can. All right? Thank you. I mean we can make some minor changes from now until the next public hearing is fine. OK? All, right.

00:42:08,270	Thank you don’t don’t make any changes yet, But I think that no, I’ll Look on it. Yeah. I don’t see anything in here that Tells me that True. OK, uh, our next agenda item. 43 was on the the Burnt Creek Farm. Special use permit.

00:42:30,800	Uh, I know we had some, uh there was a little bit of a confusion on that. I. Don’t mark I you the public hearing was not canceled. The. There was a request. To table this and I’d ask for a motion from the county of the planning Comm.

00:42:53,130	at a table it until May 8th Due to the fact that it’s been, um A number of emails that we received from in opposition to it. Monday Tuesday evening up to today. The. Petitioner asked that because of this over, you know this He didn’t have time he does not have time to respond to these. And Well, because because I I had to go back to the the original, uh, repeal to the county commission.

00:43:16,100	There was no date set for this public hearing. And. It was the the The directive was to find a resolution. Between that petitioner to the everybody else Who’s in opposition, right? So yes, Comm. Bitner. So. What’s the status of the What’s the status of the resolution. We. We directed that it come back here.

00:43:44,400	Um, that following some resolution between the applicant and the residents in the neighborhood. So. I mean? I know I’m putting you on the spot because I already know the answer, but Mr. Mr chair. Uh, Mr Bittner, the The resolution, the closest that I could come to was from the two stakeholder meetings that we had in February and March.

00:44:05,370	And that’s in your pocket. It’s That’s as close as where this landowner wanted to get this petitioner wanted to get Now. He. He didn’t come off on some of these. The last four or five items that are in that he There was no answer. There was no resolution to that.

00:44:28,270	And Um It’s kind of where we he did find he did come back, um and reduce his request to Um, limit to two events per year for 200 people, and then he wanted a event one event per week for 100 people. Mhm.

00:44:46,830	As you see on the at issue there were people at that stakeholder meeting that told them that they don’t wanna have any events next to him. And they they they feel it’s commercial use of this property, and it’s You know for some In some people’s eyes. It is But if you read the packet, there’s two motions in there. One to approve one to deny. And it’s kinda As far as a resolution.

00:45:07,670	It has not been in my mind. This is the closest we’re gonna get Without having a public hearing. So, but he he he, You know I’m. He wanted to respond to these email These emails and notifications and some of these emails were signed by seven people besides the one who sent it, so there’s big opposition.

00:45:26,900	There’s big pushback on this And he wants to be able to respond to that. Yeah? Uh, yes, Uh Comm. streifel I. I should disclose that I do own a a neighboring property. Um, but I did want to clarify that.

00:45:45,230	No one said that they were opposed or that they wanted to have no events. We. I think that the general consensus was so far we’ve been OK with his AG tours, his what he’s done so far hasn’t caused a problem. Um so I, don’t I. Just think that that’s maybe a little. I. Don’t think anybody said we weren’t in favor of any events. It was stated at that meeting.

00:46:04,730	They don’t want to have any wedding events next to them, right? OK, OK, there was basically he wanted to have he started to have by having 22 for each month for five months he started There, so, Yeah, Comm., But, yeah. So.

00:46:23,130	Mitch, We got a little problem here because there’s a lot of people in the room that I think are here because of that, and I know, I. I know, I had a conversation with at least one of them that where I said that it has been pulled essentially so we wouldn’t be talking about it. But Apparently they’re here. And.

00:46:41,870	So I was curious What you thought about Um, not necessarily taking an action on it. But there, there appears to be people that want to speak on this item. So if we open the public hearing and then continued it To the next meeting that would probably Give his folks that took time out of their day, a chance to Beyond record and to say what

00:47:02,470	they came to say, Mr chair That’s would would be my recommendation. Is to allow their testimony if they want to speak. And. We can take minutes of that, and we can, but we can forward that to the next meeting in May 8th not we’re not.

00:47:21,900	I’m not trying to quiet the good people of Burle County here. I think in order to do that, though we would have to open the public hearing. And then I think the goal is to continue it right? Right. That was never the intention to to just ignore it.

00:47:39,330	I just don’t want these folks to gone out of their way to be here and sit through everything they just sat through. For. Nothing. It’s probably appropriate protocol anyway, it’s just important. If if we are gonna table it the nova action tonight. I don’t want anybody to be disappointed. So yes, I think we will We will move into, I guess going a little bit farther on.

00:48:02,270	I appreciate the background, Um, Mitch and um and trying to move into a public hearing, I think is the right way to go, I. Guess before we do move into a public hearing. Uh, I know it’s been, uh um Comm.

00:48:18,470	streifel has pointed out that she potentially has a conflict of interest, so I would like to entertain a motion to, uh to, uh, of Of if we want to recuse Comm. streifel In this in this proceedings, So if we could, uh, move into that, and I’ll vote to see if we want to have Comm. stra stra. Be part of the, uh, part of the voting commission on this, uh, on this hearing.

00:48:40,870	I would like to entertain that motion. I would move it to be appropriate that Comm. strive will be recused. Or ask her to recuse herself from the the voting on the commission. Second. All, right? It’s been, uh, moved, Uh, moved to recuse. Uh Comm. streifel from the commission during for this for this hearing by Mayor schmitz. It was seconded by Comm. Zuroff.

00:49:06,770	Uh, any? Yes. Any discussion? Yes. Thank you Mr Chair. This one, Make sure everybody understands that I support the motion. Um, because and no offense and the only reason I do that is because the last time something came before Me at a planning commission that was bordering my property.

00:49:30,470	I Recused myself on that because I think that it’s just it’s appropriate and it’s no offense. No offense is just, I. Think protects it protects the OK. Thank you? Yes. So as as we would move into a vote A. Uh uh, The motion is to to, uh, basically recuse Comm.

00:49:54,630	streifel from from the voting party for this for this, Uh, public hearing, so basically a vote to recuse, says JIA. Yu. You agree that, uh or say that Comm. shuffle shouldn’t vote during this. This uh or Any any motions. Any action taken from the Burnt Creek farm, special use permit and a no vote will say that.

00:50:17,730	Yes, we think that, uh she can overlook any any bias and and vote so just to make that clear. And other discussion? Yes, me Comm. chair. Yes. So. This means no discussion. No or just voting only no, no voting. Uh, that would be, uh, no voting. Uh, I think I believe recusal is purely just the voting So. Yes Or.

00:50:40,270	Is it discussion, also entirety of the action, the whole topic to be appropriate. Let’s also point out. This is a request. This is a request. I put it as a request. Not in order. Yes, Uh, let me just clarify something, if if a person is recused from participating because of a Uh, potential conflict of interest.

00:51:02,670	They can pick up their stuff and go participate in the audience. 100%. Yes, absolutely absolutely. Any other discussion. OK hearing none. We’ll move into a roll call Vote on, uh, recusal of of Comm. streifel for the Burn Creek Farm. Special use permit public hearings.

00:51:30,630	But OK, um Uh, yes, well means you approve of the request for her to be reclused and a noble means she can continue participating and vote. I Um Comm. Bittner. Yes. Comm. Jarrett. Comm. Marquardt. Yes. Comm. patrick? Yes. Comm. Schmidt. Comm. zuroff? Yes. Chair. Agnew? Yes. All, right? It has been, uh, approved to have, uh, a Comm.

00:52:09,400	streifel, uh, recused from, uh, discussion voting on the on the Commission for the public hearing for Burnt Creek Farm special use permit, And just for that Only and, um Yes that it has been approved, so we will now move into opening the public hearing.

00:52:35,070	Uh, with the with the, uh, the mission to hear from the people who are here tonight and hopefully moving into a, uh, a Uh, continuation into the May meeting. Also, just because there was the, uh a bit of confusion, I would say as far as if the hearing was going to be tonight or not. So. The hearing is open for Bre Farm. Special use permit. Uh, anyone would like to speak, Please approach the lectern. Um, announce your name. And.

00:52:53,170	Where are you from? Good evening Chair Agnew commissioners. Everybody in attendance or Kurt Fleck. I reside at 35 6610th Avenue, northeast Bismarck. Um I think I’m gonna speak for, uh, for everybody that’s sitting in here, but they all are more than more than welcome to get up here and talk.

00:53:13,530	I sent you all an email. I hope you all got the email, and, uh, I shared it with Mitch as well And I. Don’t think there’s anything on there? I don’t deal in all the other stuff. Just facts and basically, I outlaid it where this thing started and where it is today, right? So at the end And.

00:53:31,300	I’ll read my conclusion when it’s all done, OK you guys gave us clear direction. 81 vote denial. Burly County commissioners gave us clear direction. Move forward Get a resolution which the residents including myself, did not Dave. We. Did.

00:53:53,600	We took it upon ourselves to coordinate with mitch to set up the meetings to get this thing moving forward and get things addressed. When. We hear things like, Well. We don’t want all these events. That’s not true at all. Not true at all. We, we said from Day one. We’re all about AG tourism. Let’s just get AG tourism straight. Let’s figure out what a tourism is.

00:54:10,830	OK, and and I hear all this other stuff and it gets very frustrating because all we’re doing is trying to come up with a tool as I mentioned in there for burly county all of us sitting and county we get the ordinance right.

00:54:26,700	Everything else should take place and follow the right in line, right? If, not we’ve got debate and fights going on with neighbors with all this other stuff for really no reason. OK, so Commissioners. I hope you’re watching if you are I mean, I’m gonna send it to you as well. Um, we proposed and when we came out of our last meeting, Mitch none of the other stuff was approved.

00:54:43,930	None of it was talked about it wasn’t that we didn’t want to have any events. We were good with having certain types of events. But, as I mentioned in that meeting, it’s like the federal government, state government and everything else if you’re going to put a one shoe fits all then you’re you have to choose to vote one way or the other right? That doesn’t work

00:54:59,800	in a lot of situations clearly here. And we propose to go forward. Have stakeholders meeting to get everybody that’s got a stake hold stake in this thing to a meeting and talk about it.

00:55:17,430	And as you all know that was scheduled in for whatever reason didn’t happen before this meeting, right? So then we saw that there was an appeal for Mr Lehman to come here and appeal the decision. Why. I don’t know. OK. We had a process in place. We were moving forward with it and we still want to continue on with that process. The commissioners gave us The direction to use that right to do that.

00:55:35,000	We still believe Let’s sit down as a stakeholder group, County and city Get. This Ordinance straight out and get it in place for everybody And, let’s make all our jobs and lives simpler, right? I mean that’s really what the debate is. I.

00:55:53,770	I wrote it in the summary or the vast majority of residents in and around Burke Creek Farm would like to see the appeal denied further. We encourage the P and Z as well as the burly county commissioners to continue with the stakeholders meeting with all who have concerns and insights into what agritourism not only in burly county but the state of North Dakota should involve, and I gave one simple example.

00:56:11,900	One example would be to remove line in the Tier two Such as celebration ceremony. Wedding reception. Corporate function entirely make a two or three out of whatever I mean. It’s just that. It’s an idea, right? We can talk about that.

00:56:31,170	Make it two or three, including this and the other details the part of the definition of agri tourism is in the question. Not only in Briley County but also throughout the United States. And. I gave some examples on that You can push a button. You can find all those you want. OK? We know things have changed since 72. We all know that it’s 52 years ago, Right.

00:56:48,070	All I’m saying is, Let’s Get it right from the get go. We don’t want to fight. We. Don’t want to argue? We don’t want to have neighbors fighting with each other. That’s what happens when we fail and we don’t get things in place with ordinance and guidance so that we can make decisions, good decisions.

00:57:02,630	On the on the on this exact topic for burly county. I’m open to questions if you got any all right. Any questions for Kurt? Oh, yeah. Comm. Buttner. Yeah, I just I just want to point out that, um I think we’re gonna have a separate thing where we’re actually talking about the ordinance the ordinance, so just don’t forget. No. I understand? Be there for Comm..

00:57:24,070	I. Got you OK Thanks because it’s the amendment to the ordinance Got you any other questions? It’s all part of the ordinance right? So again at the end of the day this see, Here’s what I. Guess. If I might Here’s. Here’s what we read really ran into as a problem here.

00:57:44,200	There’s nothing in the existing ordinances that allows for special use permit for this reason, and that’s that’s where the whole thing really got sideways and I do apologize on behalf of burly county that that even happened, um I don’t think that will probably happen again.

00:58:02,900	But I think we as a whole understand that and and what’s happening? The way we perceive it is we’re going to try to push things forward without An ordinance or other things in place, right? And. That’s the perception that’s out there, and I don’t think that’s good for anybody because again now we’ve set a precedent and if we set a precedent now we’re going to come back.

00:58:18,430	I own a lot of land here. I can come back with a lot of different. Oh, I want to do this? I wanna do. We’re going to set a precedent by doing that. I don’t think that’s good business. But. That’s my opinion and any other questions for Kurt for he steps away. If not thank you, Kurt.

00:58:35,930	Have A good evening if anyone else would like to approach a lectern and speak on the, uh, special use permit for Burn Creek Farm. Please approach. Chair commissioners. My name is Bill Miller 98 01 41st Street northeast Bismarck, North Dakota. My wife and I own real egg land on the corner. 97th Avenue 41st Street proximately.

00:59:08,930	One mile directly south of the proposed commercial recreation venue. Even though we are located less than two miles from Burn Creek Farm. We were not notified and we are not listed on On pay a the a word, says two mile PolyGram. Neither are the people that live on 97th Avenue in 23rd Avenue.

00:59:34,830	I would like to know how we can make sure we get notified of zoning issues which will clearly affect our property. And I attended a neighborhood stakeholder meeting on March 20th. Was, david Lehman and Mitch Flanagan Several other neighbors. There was a predation. A petition presented to the planning and zoning director with the name of By 25 nearby property owners.

01:00:09,870	Who are opposed to approval of this special use permit. I would like to read the partition. It is brief and to the point We the we the undersigned owners of property. Conservative factor by the request by the requested special use permit, described in the above reference to by Do hereby file this petition in opposition.

01:00:43,000	This property directly adjoins rural, residential and agricultural property and we oppose this. This change. That will increase the noise, traffic and dust. We believe it would Detrimentally affect the Peaceful enjoyment of our homes and property. And upset the flow in general welfare of the surrounding area.

01:01:11,270	We also feel that this change in the use of agricultural property would Tentatively affect the value of our homes Safety neighborhood. And aesthetics of the environment and wildlife. For the purposes of promoting the health, safety, peace, morals, comfort, convenience and genial welfare, conserving the value the value of property throughout the county reduced and avoiding congestion on public roads, streets and highways.

01:01:46,470	Article one section one of burly county planning and zone zoning ordinances, and for all reasons, stated at the public hearing on January 10th 2024 by the public, we respectfully request a special use permit be denied. And if Chair commissioners want copies of them, my God. Alright. Any questions for bill? Uh, yeah. Comm. Bittner. Yes. No, I don’t have a question.

01:02:15,270	I was just gonna say though, as far as that petition and the signatures are concerning it short hand that off to staff for the record. OK? All right. Any other questions for bill? Right hearing. None. Thank you bill staff that needs it. Thanks. Yeah, I got it. I know. Switches. Yes. Sorry Sorry, Marla. I missed that.

01:02:52,330	That? Uh, yes, uh, definitely definitely sign. The. Uh, the sign in sheet if you’re gonna come up and speak, I did review the the thing and and he wasn’t on the notification list as you And there. There’s a reason for that. Were considering and we’ve had conversations about how far out do we notice? Uh, and whatnot and There’s A.

01:03:16,770	There’s a real balancing act within the county is like how far out do we notify people? Versus the cost it takes to do that. And The current thing has been in place for a long time. But.

01:03:39,500	I think since we we’ve been hearing more and more about it lately, so we are considering extending that notification area just so that you’re aware of it. That’s part of the conversations we’ve been having. Yes and, uh and we do have it on our agenda for this evening, even to, uh, to discuss that once we’re once we’re wrapped up with this, uh, this public hearing for the evening. Uh, any other questions for bill? Seeing none.

01:04:00,770	Thank you, Bill. Anyone else would like to speak. Uh please approach lectern. Uh uh. Announce who you are, where you’re from, and please sign in. My name is Tammy Bonnett. I live on 100 and 10 0. And. You can just go and pull that down. Yeah, OK. Um, I. My name is Tammy Bonnet.

01:04:24,470	I live just west of Burnt Creek Farms on 100 and 10th. Thank you. Chair and commissioners for listening. I. Guess I am kind of tired of always having to come to meetings to keep my property the way we and Ted and intended it. I am opposed to it.

01:04:41,230	I am not opposed to change, but I am opposed to being impacted by a neighbor who moved to our neighborhood a few years ago, and it’s clearly out to make a living without the consideration of those of us who live on 100 and 10th and the other areas that will be impacted by his venue.

01:04:58,670	I do not want to help pay and I do not think it’s fair that us who are gonna be impacted by this should dig into our pockets to fill his Um Like this we’re talking about the desk control and putting the serp or whatever on the roads. When. We moved out there in 2001, and we had our Children there.

01:05:17,670	He’s talking about bringing buses into bus and all these people for venues or whatever. When we had built our home out there. My husband and I had to make sure that our yard a bus could turn around and not back in on those roads.

01:05:35,700	Um There were times we had to take our kids down to 26th Street because the roads were from the rain. We’re so bad that the bus would get stuck or could get stuck or pick them up. Um We purchased our egg land when we went to get out of the city. To our It’s our dream home.

01:05:53,800	We wanted to give our Children the same farm life that we had growing up. We wanted to keep our way of life for our Children and grandchildren and for our farm animals who will have to endure the dust the traffic We do not want traffic, trespassers or accidents on our gravel road in our area. So in closing.

01:06:16,670	I would like to for you to really consider and to keep in mind that our neighbors and us that we are not against like the small Things, but we don’t want big venues going on out there. Um, it’s our home. That’s what? We intended it out there to be. Um so please deny it. Thank you.

01:06:40,730	Alright any, uh, any questions for Tammy? Uh, you do have a pen? Ok, good. Good. Yes. Uh, seeing no questions. Thank you, Tammy. Anyone else like to speak at this public hearing. Well, you’ve got the sign up sheet. Right? Make sure I. Sign it. OK, Thank you. Good evening Chair. Agnew and fellow commissioners.

01:07:17,670	My name is Melissa Miller, My husband and Roger and I live on 100 and 10th Avenue Northeast. Just to the southwest of the Burnt Creek farm owned by Dave. Liebman. We have owned our property for 23 years. I stand here before you again to ask that you please deny the special use permit for Burnt Creek Farm.

01:07:39,470	We are opposed to the parts of this permit that seek to significantly expand the current agricultural and historical functions of the farm to include commercial recreation. For example. Accommodating large events such as weddings of up to 100 on a weekly basis and two larger events of up to 200 twice a year. Per Mr Lehman’s latest proposal.

01:08:04,530	We, along with most of our neighbors believe we will be adversely impacted by the increased traffic and noise generated by large numbers of vehicles and people going to events like weddings at Burt Creek Farm. As you know the bet K.

01:08:23,300	Excuse me as you know, the burly County commission voted at its meeting on February 5th to send Mr Lehman’s appeal of the planning and zoning commissions initial A to one denial back to you. With instructions to the neighbors for the neighbors to meet with Mister Lehman to come to a resolution. We did meet twice and just FY I It was at our initiative, not Mr Lehman’s.

01:08:46,100	At, the February 26th meeting with the neighbors, Mr Lehman presented his plan and we expressed our concerns and asked questions. He indicated to us. That if he was unable to get his special use permit to include the larger events.

01:09:02,670	He planned to rezone his property as rural residential R one The rezoning option made sense to us as the pro of the North and the east of the farm is already zoned R one And this seemed to be a much better fit for the area. At a follow up meeting on March 20th. We. Let Mr Lehman know that we supported his desire to rezone his property are one But that we were still opposed to the special use permit to include the large scale events.

01:09:22,970	We genuinely believed that this would be a satisfactory compromise. But. This was not the case. Even though Mr Lehman was the one to initially propose the R one option. Turns out. It was not acceptable to him after all. Sadly no resolution was reached, and so we find ourselves here again to day.

01:09:43,730	At the risk of sounding like a broken record. I. Repeat I as have, others said. We have never been against the agritourism historical And small event functions at Burke Creek Farm. For example. You know the educational tours of the farm company picnics, et cetera. However. We are still opposed to the use of the farm.

01:10:03,530	Use of the farm site as a venue for large scale events like weddings. Our concerns remain the same traffic that is in greatly increased numbers of vehicles, dust issues, road safety and the potential for impaired driving after late night events. Number two loud noise and activities into the late evening and early morning hours.

01:10:24,530	Potentially every weekend during the warmer months. Mr Lehmans originally proposed five month time frame was May 15th to October 15th. I am sorry to say that I do not understand Mr Lehman’s calculations when it comes to traffic. In his current proposal. He and I believe that should have been it came out.

01:10:44,470	His proposal came out with, uh, the notice for the public hearing. He estimates 40 cars per week. I believe this number is low. Especially when it comes to the larger events of 100 to 200 people also in the proposal he refers to 40 trips per week. And he’s not here to ask, but I’m curious to the terms, cars and trips.

01:11:04,370	Mean the same thing. I also am at a loss as to how Mr Lehman concludes that the dust generated by multiple vehicles over a concentrated period such as a weekend for a large scale event equates to the dust generated by a family of two over a year. This seems to be a case of comparing apples to oranges.

01:11:24,670	I believe these are entirely different scenarios. Mr Lehman offered on in. I. Guess we didn’t get to see the part the presentation, but he’s he had offered to cost share on dust control and road maintenance. I have to tell you that this is a nonstarter for us and our neighbors.

01:11:47,130	Why should we be asked to cost share so that Mr Lehman can generate income from his business at Brook Creek Farm? Are we just expected to absorb the impacts for his benefit. On a final note.

01:12:03,130	I also would like to ask that you consider delaying any decision on this special use permit until after you have finalized the ordinance on which you are currently working to address agri tourism and commercial recreation use in burly county. Evaluating these relatively new And somewhat unique agri tourism and commercial recreation uses through the lands of an established and well thought out Ordinance. May help avoid having to address problems in the future.

01:12:25,030	Not getting the cart in front of the horse is typically a good policy. Thank you again for your time and consideration of our concerns. Are there any. Are there any questions for Melissa? Uh, seeing none. Thank you much? Thank you and please do sign in. I will. Thank you. If.

01:12:47,500	Anyone else would like to approach and speak DU during this public hearing for B Creek farm special use permit. Uh, please approach Hello, commissioners. My name is Betty Mccommon. I live on Kristen Lane and I’m within the two mile range of Burn Creek Farm. Um, I agree with what everybody else is saying. But. One thing.

01:13:20,630	I don’t know if it’s ever been brought up is if you haven’t been out to that place my daughter actually looked to buy the place before this farm. Before. It was purchased. There’s one way in And. The Ways out is 110. If you go to the north. It’s a prairie road. Some days. It’s not passable with a vehicle.

01:13:43,530	If you go The other direction to the East. It’s crossing over a very wet area that during any rain, you can’t even hardly get by on a horse. And. If. You wanna go? I mean, that was to the South? I’m sorry if you want to go east. Very rarely.

01:14:01,670	We can get buying a horse unless we can go away and and around. So if somebody’s trying to Oh let’s say avoid a traffic stop. Where are they going to go? They’re gonna get stuck somewhere. I I’m just concerned about that. Also the the traffic The noise. The impaired driving All.

01:14:28,330	My neighbors are agreeing in agreeing and they aren’t on the list that got notified and my one call my neighbor just to the west of me called and she was just in an uproar because she didn’t know anything about it. So. I’m I’m concerned about like I say the traffic the safety Um people coming out and hey, I didn’t know this was out here, you know, let’s go out and go driving around more.

01:14:47,530	It’s bad enough. We get fireworks over 10 days for the fourth of July, people coming out and shooting fireworks for that time. Do. We really need all this other noise every weekend where I live. People come out and they go! Oh, my God. This is beautiful. It’s so quiet. It’s so nice.

01:15:04,800	We’ve got farmland. To the north of us, We’ve got 40 acre patch to the of native grass to the east, and they just come out and they just say this is fantastic. It’s so quiet. It’s so nice. I don’t wanna hear somebody else playing the bunny hop. At 11 o’clock on a Saturday night. I’m Sorry.

01:15:26,530	That’s our That’s our opinion. We’re enjoying the quiet if he wants to have some other agri tourism like everybody’s saying I wasn’t able to attend the other meetings because I was sick, but if they wanna have, um Those other ones, OK, but I don’t think we need to approve this special use permit for large events.

01:15:50,630	OK any questions for Betty before she steps away. Uh, if not, please, Please do sign in, uh, before you step away. Oh. It’s right on the chair. Yes. Uh, if anyone else would like to, uh, speak on this in this public hearing for Brent Creek Farm Special use permit. Uh, please approach the lectern.

01:16:23,300	I brought copies of my testimony for everyone. If. You’re interested. I can give those to Marla. Good evening Chair. Agnew and commissioners by way of introduction. My husband, wayne and I are the owners of a home that we built. Um in 1992. So we’ve lived there a little over 31 years along with 40 acres of land on the southeast corner real quick.

01:16:48,930	Can we start with your name. Oh. I am so sorry. That’s OK. I’m Valerie. My husband, wayne is watching. Thanks. Um, uh, We live on the corner of 26 and 84th Avenue northeast. Our 40 Acres is adjacent to my brother and sister in laws Pat and Carol geiger.

01:17:05,970	My brother sent an email to all of you when he heard of this special use permit. Um Our farm. Our 80 Acres was purchased by our parents, Leon and Bernice geiger in 1972. This farmstead was at one time commonly referred to as the Morris Farm.

01:17:26,600	When and I also own five acres directly across from our home in sunny View acres. I’m here to provide testimony and respectfully request that the Planning and Zoning commission does deny the special use permit that’s requested by Burnt Creek Farms and I’ll explain why Um, due to prior travel commitments. My brother Pat had already provided his concerns, especially regarding the special use permit.

01:17:47,530	Let’s Keep to that, um, topic by Mr Lehman. So I’d like to echo and concur with Pat’s comments. In addition to providing our own First and foremost, we fully respect and understand that there are certain privileges that go along with owning property, however.

01:18:08,130	They must abide by the rules and regulations of the Planning and Zoning Commission, burly county and with respect to their neighbors. The growth to Bismarck has sprawled quickly to the north, as we all know, especially in the most recent several years. And the surrounding of this property has properly been controlled with respect to prior owners with subdivisions zoned as rural, residential and agricultural, and that should not change.

01:18:30,830	According to Mr Lehman’s materials, which I found on his Burnt Creek Farms. Website quote the main goal of his project was to preserve North Dakota’s egg history and to educate others about agriculture in North Dakota. While he applied for state grand dollars to which exceeded over $88,000.

01:18:53,800	He did so in the interest of preserving and educating the general public about North Dakota’s rich egg history. It sounds from the neighbors that no one is dis Disputing that He further emphasizes the desire to provide a rural experience and education to those that may be otherwise wouldn’t have the opportunity again. That sounds like there’s no dispute. The.

01:19:17,130	Special use permit requested broadens the scope of this facility. To include hosting larger events such as weddings, corporate events, outdoor, uh, facilities and and other things that could be very disruptful to those neighbors. Um, my brother in his email, and I’m gonna focus on this as well.

01:19:43,330	Talks about what? The definitions of a special use permit should be The proposed should be used in harmony with the purpose of this regulation and of portions of the master plan of the county of Burleigh for the district. Is this area being considered to be zone commercial. Based on the purposes outlined in the application in the long term goals. It appears that this is where this is going.

01:20:02,170	The proposed use will not adversely affect the health and safety of the public and the workers and residents or farmers in the area and will not be detrimental to the US or development of a adjacent properties or of the general neighborhood. Our response. This request does not serve the surrounding residents or farmers.

01:20:23,700	It will cause a negative impact on neighboring landowners, their property values who would want to buy, build or live next to a heavily trafficked area hosting outdoor events, especially larger ones. The third article states, the proposed use will comply with all appropriate regulations for the district in which it will be located. Who will be monitoring compliance with noise, attendance and traffic control.

01:20:46,970	This puts an additional undue burden on the neighbors and in particular law enforcement. Finally. Article eight, says the proposed use will comply with all special regulations established by this section, and all special conditions necessary for the sanitation, safety and general wear welfare of the public.

01:21:10,670	It’s hard to believe that this location can be considered safe for purposes of hosting larger events. Mister Layman suggests for larger groups that they be held outdoors. Another grave concern, especially for his neighbors, there’s only one road in and one road out, and it’s a very narrow gravel road. If that road should become blocked from event goers. There would be no access for emergency vehicles. If 51st is to be upgraded.

01:21:33,030	Then Mister Lamon should pay for that upgrade, not the taxpayers of burly county as this facility is a for profit entity that would only benefit him. If. His events are going to host larger groups. Where.

01:21:52,000	Are they going to park how traffic be controlled and how will noise be controlled? Another concern we had was the homeowners and subdivisions along 110th, 97th and 26th have they all been notified, especially where he is suggesting that they direct traffic up those roads rather than just 100 and 10th.

01:22:16,000	Additional concerns impacting the surrounding community potential decrease in property value potential increase in taxes, jeopardizing safety, compromising the purpose of those who built or bought homes with the intent of living in a quiet community and in a rural environment. Our concerns regarding the special use permit again. Ours is specifically to the special use permit. Is that there was a movie showing event that was held in 2023 in July, and during this event, food trucks, antique cars.

01:22:38,470	Hundreds of people were in court encouraged to attend, with tickets being sold. We assume that a special use permit was requested and granted to host this event. What were the terms and restrictions outlined in this permit. The proposed activities to be held, precipitating the special use permit application, according to Mister.

01:23:01,400	Lehman is he provided a revised plan with now suggests 200 people two times per year. Others testified to that all other events 100 attendees one time per week. That sounds commercial to us. And that directing the traffic to float 97th Avenue, northeast and up 26 utilizing shuttle surfaces were needed. That doesn’t sound commercial. I don’t know it does.

01:23:24,270	So the issues for this commercial for this commission that we feel should be addressed is it’s concerning to read that while agritourism use may be on the increase in other parts of the country, burly county has not yet received a request. Of issue to issue a permit for this type of use.

01:23:42,630	So approving this special use permit sets a very dangerous precedent as this would be the first permit granted of its kind for an agro tourism business. So. We We, were we? We are appealing that careful Consideration needs to be given to fully consider those that are impacted versus those who are benefiting from this request.

01:24:01,200	It’s clear that Mr Lehman wants to change the direction of his initial plan and greatly expand the use of his property that will now include weddings, corporate events, movie showings and other activities that go far beyond the scope of his original plan for this property. If approved it completely changes the landscape and use of rural residential agricultural property in this community.

01:24:22,000	This precedent setting action would only encourage similar owners and investors to repurpose egg property into commercial for profit profit entities while remaining zoned agricultural Without careful consideration of how burle County zoning and planning has laid out its plans for future development.

01:24:44,000	It does not appear that the concerns that were raised during the January board meeting have been satisfactorily addressed. And that sounds like the testimony that we’ve heard from others. Of. Additional concern is that those neighborhoods and re residents that would be impacted by this request were not properly notified and given the opportunity to comment in particular those living along the route or impacted surrounding areas where Mr Lehman is suggesting traffic

01:25:03,800	should be directed. For valid reasons. The planning and zoning commissioners voted 8 to 1 to deny this permit in January. And for all the reasons above. That I’ve outlined and others have urged. We would urge the planning and zoning commissioners to deny this special use permit for Burn Creek Club for Burnt Creek Farms. Thank you.

01:25:26,630	All right? Are there any questions for Valerie? Uh, seeing none. Thank you, Valerie? Uh, make sure you sign in before you step away. Uh, if there’s anyone who else who would like to speak, Uh concerning the public hearing of Burt Creek Farms special use permit. Police approach. Right.

01:26:00,270	I think we have, uh, reached the time where I would entertain a motion to continue this public hearing to the, uh, to the may meeting of the burly county planning and zoning Unless met, you would have something to add to the public hearing. No. They can they can come to the next meeting and and do the If they want and we say the same things.

01:26:19,000	You’ll have an opportunity. Full opportunity. For. Everybody to be there. Not the style of the, you know, cut them off or remove them from a a testimony just because they stop talk tonight, they can. They can say exactly the same thing, if not more at the next meeting. Thank you, mitch. Like all right. It’s been moved by Comm.

01:26:44,600	patrick to continue this public hearing to the May meeting of the burly county planning and zoning that was seconded by Comm.. Uh, Bittner. Um Oh, yes, we move to, uh, yeah, into discussion on this on the motion. Well. The only reason I’m seconding.

01:27:05,070	The motion is because I kind of led off with that idea that we were gonna continue it. But quite frankly. I’m not seeing anybody supporting this thing. I don’t see anything that has changed. Burly County Commission. We directed this back for a resolution between the citizens and the applicant and I think we’re uselessly dragging this out? That’s Kind of my point.

01:27:25,800	And I apologize that I didn’t think about that ahead of time. All right. Any other discussion on the motion. Any discussion. All right, Uh, All in favor of continuing this public hearing to the May meeting of the public or the the burly county Planning and Zoning Commission say I II. I Any oppose.

01:27:59,900	Uh, we will continue this public hearing at the May meeting of the burly county Planning and Zoning Commission. All, right. We’ll move on to, uh, other business and that is talking about notification distance. Uh, niche. If you can, uh uh, T this one up a bit. Uh, commissioners. Uh, Mr chair.

01:28:27,600	Um, it was asked by a, um Well meeting previous to this to for us to, uh, consider increasing the notification distance, so we we, We basically had three submissions for, um, the distances. Um The. Basically in your packets, you’ll see that there’s Exhibit one. It’s a half mile circular distance. That counted 15 people.

01:29:01,270	And exhibit two measured along 100 and 10th Avenue to Highway 83 approximately two miles. It’s That’s A. Uh, polygonal measurements. Um Adjacent to the all the way up to 83. This amounted to 39 people. OK? Then. The exhibit number three was measured in a two mile circular distance with amounted to 355 people. And.

01:29:31,170	That’s is that that’s two mile circle from the, uh from the the the approach to the property or the center. OK, um I would like to note that Besides these notifications. We send the that there should be consideration. Beley County does advertise these public hearings twice in 10 days before the meeting. They Post the hearing notice on our website. We also provide the availability to to subscribe to an agenda. Notification email.

01:29:57,200	For every meeting for every board in Burle County. Be an alert sent to their email, saying public hearing on May 8th They can sign up for that. It’s It’s, uh, put on our website. Which is pretty good. For good use of But. I’m Not.

01:30:18,830	Sure if anybody knows about it, I don’t know how many people have signed up for this, but It’s They won’t have to worry about the notifications. Mitch, can you? Uh, Can you maybe describe what the two mile polygon is Obviously the the two mile two mile circle. That’s a real easy one for people to understand, Uh, two mile polygon. Can.

01:30:39,470	You kind of go into the details on That’s basically, uh uh, Mr chair. Sorry. That’s basically a straight line measurement with two borders. And. I think that’s more effective on on stuff like this that is on a dirt road because it’s the people that are on that road that are being affected. And.

01:30:56,530	It goes all It went all the way to from days to 83. And so We have this concern about dust. We have this concern about the conditions of the road. We have the concerns about all these traffic and I’ve been on this road, and it is Eve. If. You roll off that road. You’re not.

01:31:14,830	You’re not just gonna slide down, you’re gonna end up on the roof of your car because it’s it is steep. And You know these? These kind of things are for stuff like this, I think are important that instead of going to if you went to a two mile circular Yeah. I mean on this part you’re in of the city’s ETA.

01:31:32,170	You’re in not in township out of our jurisdiction. So it’s kind of For, two miles for this particular item. It’s kinda You going into you know, we were actually getting phone calls from people in the city ETA on this And from I.

01:31:49,670	I don’t know how they heard about it, but it’s gonna We have to be careful of how far we want to go out. How. Many people do you wanna include? Because? Now? You’re gonna be including people from the city or from not in township or from another township That’s not part of our jurisdiction. And mitch, just, uh, just to, uh, just for the record, I. I believe our our notification distance.

01:32:08,000	The minimum right now is is it a quarter mile? Quarter Mile 1300. The defeat. Quarter Mile, and that is, uh and I will point out. That is a that is a minimum. That’s not saying that that’s the That’s All we can do I think that obviously leaves flexibility that the minimum is a quarter if we feel that this needs to go out farther for

01:32:28,030	something that may be garnering a lot more interest. We. We have the flexibility to go out farther than that quarter file. Ah, yeah. Comm. Bittner. Thank you Mr Chair. You know I.

01:32:45,000	I Think a lot of this kind of stems back to the connection between the city and the county with, uh, writing ordinances years ago. So in the in if you’re in the city of Bismarck, a quarter mile radius is A. Lot of people were if you’re out in the county, there’s places where nobody’s within a quarter mile and then the guy that’s right outside of that, at 3/8 of a mile or something, we go.

01:32:59,970	Hey, you didn’t Notify me. And. So I. I think we just needed to Honestly, I don’t think that we could get to where we could notify in a 22 mile radius of of almost anything, because in this case, like you said, A lot of people.

01:33:20,700	A lot of people in that amount of circle and and a lot of them are not even under our jurisdiction. And, So I. Don’t I’m wondering if there is some ability to be a little bit flexible. You know, is it? Maybe there should be. It should be more than a quarter mile in the county. I just that’s you know. Yeah.

01:33:39,870	You know, maybe it’s a mile with what Some flexibility. I Don’t know I. I Comm. That kind of Maybe your call from your table. You know I, I think What I would personally favor is The ability to vary that Don’t look at And. I don’t know if we could just do that. But.

01:34:00,800	I think that if we just say OK, this is a commercial request in a Agricultural or residential area we might want to expand that some more. You know? And I. I. Don’t wanna leave anybody out? But realistically, we do have a lot of options for how people can get notice and I. I’ll repeat what he just said.

01:34:18,970	In case Anybody doesn’t hear it, but every citizen can be on the list to get an email notification. Of Uh, special use permits or zoning changes or, or actually, any county action. So just so, folks understand you can get on that list. We maintain it and we do notify anybody on that list. That’s the cheapest and easiest thing.

01:34:45,370	We are legally obligated to, um Put it in the newspaper a certain amount of times with a certain amount of date. We do that We send out letters. Probably, not to a big enough area, And I think that if we have, you know, utilize some flexibility.

01:35:03,200	I think we can work through that? I don’t know that we need an ordinance change on that, though. I think it’s the minimum of 1350 ft. That’s I mean that’s the minimum that we send out, but absolutely we can increase that on sensitive issues such as the special use permit that’s going to you know, it’s the gravel road. It’s the dust.

01:35:22,400	That’s a A big ticket, and it’s uh it kind of just sends out. You know? Red flags everywhere and they don’t want any more dust, and it’s where they already living with. And so it’s You know, we it’s we have to be careful because 650 people would cost well over $1000 in mailing for public hearings and and the cost of that public.

01:35:41,800	I mean we’re up to 12 $1500, right? And I, and I can’t go that far because it has worked. Pretty well for For a long time except that now we’re starting this. This one really brought it to a head as normally you know, subdivisions and And things like that. That’s not Just kind of Response. Yeah.

01:36:07,400	I thought the polygonal was the best on this situation because it would follow that dirt road and it follows kind of parallel to the dirt road. So. You.

01:36:26,530	Think you’d be OK according to the ordinances and whatnot that you can just Exercise some flexibility or do you want us to actually look at what we may have? I mean, We have to look at our budget, but we may have to amend that budget, but it’s just the cost of mailings. It’s also you know. How. Many are we gonna get into? You know if it’s 100 and 50 people 100 and 50 homes. I think that’s I’m looking at Marley.

01:36:44,830	But she you know she’s the one that mails it since she had and Marv helped her with this notifications on this hearing. And so I don’t know how long did it take you Mar Mar. Um, for this one. This one didn’t take too long.

01:37:08,130	Um About three hours by the time you know, I’m pretty good at it, but One of my concerns is that, um We should probably talk to Julie. Lawyer about whether we can Make those changes, especially if the ordinance doesn’t say minimum because I’ve already heard, you know, um From people that called in saying, you know, Why on my property.

01:37:37,530	Are you doing it? Or A mile and a half or two miles or doing a polygon when our ordinance says Um, square feet or a quarter mile. I think it’s something that the Planning Commission could vote on like on this PUD that we’re doing, there’s only eight people. Within a quarter mile and I think the planning commission could say, Hey.

01:38:01,570	Let’s make a motion that you notify people within a mile. Which would pick up more. Mhm Mhm. Um, I’m just worried about the Learning. To. Make sure that it’s correct and and running it by julene to make sure that our ordinance is correct if we can do that, in our ordinance That makes sense on that with julie. Yes, I will.

01:38:24,930	And Yeah I. I think I would agree on on that is, if you know if it’s if it is not called out as a minimum. I’ve always I’ve always taken that I’ve interpreted that as that is the minimum in that we have the flexibility to go above that.

01:38:40,470	But is that is that not the way it’s written, Mitch, Mr chair. Uh, it it states that, uh, Not less than 10 days prior to the scheduled public hearing, all known adjacent property owners with with within 1320 Ft shall be notified of the letter.

01:39:02,330	OK, doesn’t say minimum doesn’t say maximum just says within To me that just says it’s Yet within 1325 ft. So. Yeah, because to me, I think I think we are gonna have to put something in there to call that a minimum. Once. We. Call it a minimum then then we can we have the flexibility to go to five miles. If.

01:39:19,930	We wanted it it it doesn’t It’s kind of up to the staff in the in the in the board, Right? Uh, yeah. Comm. pet. Thank you Mr Chair. I would suggest that we just ask the staff draft up a You know a proposal to get with the state’s attorney on and to get her opinion and just kind of Work through that a little bit

01:39:38,200	for our next meeting. If you could Yeah means we have to change our ordinance and What it means so Yeah. That’s. That process is all laid out, at least get her. Guidance on. Yeah, I. Mr. Uh Comm.

01:40:04,330	Brenner, um So are am I hearing a one mile recommendation but what he would do because I think we’d actually like to have, uh, you know, keep that minimum. But then have like maybe under this circumstance or that circumstance. You know, because you kind of get a feel now, After all these years of But Phil’s seats Yeah. You know people don’t come here for Mill thing.

01:40:30,470	I mean, I’m I would like to see flexibility, because if we just say within a two mile circle, we’re going to blow a lot of money, and I can’t do that. For the county, but that’s not the goal here. Some kind of a minimum language would pro.

01:40:45,530	I mean I agree? If? It doesn’t if this says it is, I think it caps and actually, probably the way it’s worked right now, so there might be just a word or two change that, you know. Right well, and the the The only issue is when you say minimum and then you leave it at the discretion of staff at any of us as Uh, Marla mentioned you run into A potential situation again, like

01:41:06,870	she said of well, I had a zoning change here and he had a zoning change. You notified out to two miles or five miles for me, and you only did a half mile for them. What gives. You know you’re kind of opening yourself up to a little bit of liability. So.

01:41:24,400	I really personally, if if there’s any changes on that, I think they need to be very prescriptive on as you mentioned, uh, Comm. Benner of you know if if it’s going from G to commercial. OK, it’s a two mile but if it is a minor plat It’s a Quarter Mile or a half mile or something like that.

01:41:45,830	Um You know, And then again, you also get into the issues with, uh, getting into the ETA, You know Is there things that we can write in with exclusionary stuff with the ETA, where notification is five miles in the county.

01:42:03,870	Except for when we get into that, ETA, it goes back down to a half or back down to a half mile or even other jurisdiction or or other jurisdictions or something like that. Um, II. I just I’m really nervous about just having Oh. It’ll just be a minimum because you you open yourself up to a lot of liability with that. Well all the years I’ve been doing this.

01:42:21,130	I can guarantee it’s not gonna be a free for all OK. It’ll be. It’ll be laid out, and it’ll have the attorney’s guidance and the whole thing and We’ll get to something that we can all Agree on, I think Right cause I cause you’re right.

01:42:37,730	You know people want to see it in black and white and and I understand that I just I don’t want to. I just don’t want a situation where we say you’ve got to notify within two miles, and it turns into 1000 $1500 mailing And, then all of a sudden people don’t care.

01:42:54,330	I mean there’s issues that people don’t care about right? And then all of a sudden that budget goes from $10,000 a year for mailing to 50,000, right. We have I have to be aware of that. You know so, Mitch, do you? Uh do you have what you need? Uh yeah. Comm.

01:43:11,370	Chair and commissioners And what hasn’t been that long ago We had a couple of different PU DS where there was a lot of people that We’re concerned about, um some of those changes as well. So, uh, As Mister Zuroff had mentioned I think we and brian as well. I think there’s some things that need to be spelled out as far as what that looks like.

01:43:28,670	If And then kind of go from there, So. I think county will be able to handle that. Yes, Comm. streifel. The thing with a special use permit is it’s kind of a surprise. The commission doesn’t usually have any advance notice of it, and neither do the people and then the 10 days. Mailing notice can really be a problem.

01:43:49,170	So I think that’s if we’re gonna be looking at stuff That might be something that we think about, too, because when you throw something in the mail five days before Christmas, people aren’t gonna get it until Who knows when if they even get it. So. That’s a concern.

01:44:06,200	Um, but also when you’re talking special use permits. There’s a lot of fees built into applying for something like that. So what? What’s What’s the problem with having the applicant cover Part of the fee. Oh, yeah? Yeah. Mitch or all of the fee, Mr. Mr chair. There’s a reason why we send out those letters. At the time we do because we do not.

01:44:25,970	We do not gather the packet until a week before the meeting. So it’s we’re we’re still getting information up to the day of that deadline. So we can’t send out those notifications until we have a a full agenda item and we have all those information sent to us. So.

01:44:47,800	It’s a short short window after Marley gets this information to send out those letters. It’s all kind of timed. Uh, Mr Butner. Yes, we should just occurred to me. That you You. Remember when I suggested Well, when you do the ad in the paper, Nobody knows what the address is. And, so we started a adding the address of a of a thing. Maybe. We start.

01:45:13,030	Putting out into those public notices and stuff so that people have a chance to read it that you can’t get on this somehow or another. We got to get people to understand they can get on this list. Notification this notification list. So some, you know, some simple way that that is going when we’re we’re putting out notices Anyway.

01:45:33,370	Like any time you send out a letter to somebody that’s notifying it includes something in there about that, so that eventually people start getting that message from several Places right, right. That would be helpful. Is there a possibility to include a mailer and everybody’s next property tax statement. I mean again. We all got inclusions.

01:45:55,700	We’ll look into that for that $500 tax credit or whatever from the state Well print off a one page flyer that you know, because that that mailing expense is already there so to include 8.5 by 11 piece of paper to say, Hey, Go include something like that as well. I. I.

01:46:18,500	Don’t think it’s maybe a crazy out of the realm of possibility to kind of go down the same road as Comm. streifel had talked about Is that, uh, can this be part of the, uh or or just saying our fee for doing this can be can be upped because if we’re going if we’re going to say, Well, we’re gonna put this We’re

01:46:33,000	gonna make this, uh, this notification distance farther out. Well, then fine then then that means the fee for everybody is gonna go up because we have an average We know about what the average is to to send these things out, and we can cover that so That’s That’s really up to the to the

01:46:47,870	county commission to to discuss I can tell you that our fees are pretty low. We’re way past the $300 that Dave paid for the special use permit. Triple that and we’re still losing. So I got you. That’s no good. No. It isn’t no, but it’s It’s. Our.

01:47:08,730	Fees are low like you say something to something to talk about. In that fee schedule of what it what it’s all entailing. Uh, it that, uh is that what you needed, Mitch or Yeah? I? Think. We’ve got directions. First, we can clear up the 120 ft. And. Then then we’ll, um If. It’s If. It’s a It’s A.

01:47:27,500	It’s a stated that the Senate at 1320 ft. We’re going to have to amend the ordinance. Yeah. I. Don’t think anyone’s against that. You know we have to work with that? Yeah? What the wordsmith that to to fit each according to each application. In the sensitivity of each application. Yeah. All right. Thank you, mitch.

01:47:55,200	All right? Uh, that is the last thing on our agenda. So, uh, unless there’s any other business that anyone wants to bring up. Uh, we can, uh, move into Potential over jon move to adjourn. It has been moved in second into adjourn. Is there any of any oppose to adjournment. Hearing