00:00:10,470	Planning and zoning commission meeting. We’ll start with a roll call. Marla, if you could take us through that. Comm. Bittner. Here. Comm. Connelly. Comm. Jared. Comm. Munsen. Comm. Patrick. Comm. Rich. Comm. Strife here. Comm. Zaroff. And Chair here. We have a corn. Perfect.

00:00:49,700	We have a quorum and we will move into uh the minutes from the special meeting, minutes from August 29th, and the September 11th meeting minutes. Uh, if there’s any corrections needed or, uh, or a motion to approve. Move to approve. it has been moved to approve by Comm. Munsen, seconded by Comm.

00:01:14,730	Streifel, all in favor of approving the minutes from the August 29th special meeting in September 11th meeting. Say hi. A. Any opposement? Hearing none, meeting minutes are approved. We’ll move into the consent agenda. For tonight and the consent agenda has the Weis subdivision. So if uh we could, uh, have Marla or Mitch, if you could take us through a little detail on that. OK.

00:02:10,070	This is the, uh, Y subdivision and zoning change, um. They are asking for approval to hold a public hearing on both the subdivision and the Zoning change. Um, it’s described as being part of the Southeast one quarter section 34 Township 139 North Ran 79 West in Burley County. It’s a one lot subdivision containing two acres.

00:02:43,170	The zoning change would be agricultural to our one single family residential. The petitioners had approached Burley County regarding building a single-family home on the land they intend to purchase. Um, after review of the request, the petitioners were advised to plot a one lot subdivision for the 2 acres, they were purchasing to request a zoning change from an agricultural.

00:03:09,370	A preliminary plat and zoning change were submitted. The review committee did not find any issues of concern and the property will use an existing approach to the property and the storm motor storm water management waiver has been requested.

00:03:31,970	The petitioners have not purchased the 2 acres at this time, but the property owner has agreed to allow the subdivision to be plotted, and he will sign on the, he signed off on the application and the plat. The zoning of the property is agricultural, but the zoning changed to R1 single family residential is a requirement for that size lot.

00:03:57,970	And the property located north of the proposed subdivision is zoned agricultural directly west is R1, south and east of the proposed subdivision is zoned agricultural, a change of our one zoning is suitable for this location. The staff findings on the preliminary plat. The subdivision fulfills the requirements of Article 33 of the zoning ordinances, the preliminary plat has been submitted to all reviewing entities, all concerns and corrections have been addressed.

00:04:39,100	The zoning is agricultural and the zoning change has been requested. The subdivision meets the requirements of Burleigh County Comprehensive Plan, Article 3 residential neighborhoods, objectives 1 and 2. The petitioners have requested a name change from Y subdivision to Weis acres subdivision and the change will be made on the final plat.

00:05:07,370	The, um, stack recommends that the petition for the preliminary plan means all administrative requirements of the Burleigh County zoning and the zoning chain meets all the requirements of the Burley County zoning ordinances, so staff recommends approval of the preliminary plat and the zoning change and calling for a public hearing.

00:05:31,970	And um You can prove it, uh, prove it with conditions, um, denied the preliminary plat with reason or table for more information. Thank you, Marla. Are there any questions for Marla? Seeing none, thank you. All right, Comm., any, uh, discussion on this on the Weis subdivision. Um, we move, we approve and go to uh public hearing second.

00:06:02,900	All right, it has been moved to approve to go to a hearing by Comm. Reich, but Rich Rich and uh seconded by Comm. Connelly. All right, any discussion on the motion? With that motion need to also include the zoning change. As long as you recommend that in your motion. OK. But yeah, we can prove both at the same time. And uh I’m good with that.

00:06:31,230	I and seconder are OK with that, and yes, including the zoning change, so the white subdivision and zoning change. Any further discussion. Seeing none, we’ll move into a roll call vote to move this to a public hearing.

00:06:53,700	OK, the motion is to approve the preliminary plan and zoning change for the wiseacres subdivision for a public hearing. Um, a yes vote means you approve of the motion. Comm. Streifel. Comm. Bittner. Yes, Comm. Connelly, yes, Comm. Munsen. Comm. Ritz. And Chair. It’s approved. All right. So the waste subdivision and zoning change will move to a public hearing. That is all we have on the consent agenda.

00:07:24,130	We’ll move into our public hearings for this evening. Uh, we have the first hearing on the docket is the Macedonski subdivision. So if we could get some detail on that and then we will open the public hearing. OK, this is the Makannsky, how do I pronounce that right? Subdivision, um, Mark Isaac is the developer.

00:08:00,000	And the location is part of the west half of the northwest quarter, section 9 Township 139 North range 76 West. The project size is 73.18 acres and they’re making 4 lots. Um, the zoning is through Sterling Township. So we have, we don’t have to be concerned with zoning.

00:08:29,700	The notifications were sent to the Bismarck Tribune and posted September 26th and October 3rd surrounding property owners were sent a notification September 26, and it was posted on the Pearly County website on September 26th also. Um, Burley County was a very was approach regarding a four lot subdivision and zoning change. Well, we didn’t have to do the zoning change.

00:08:54,700	And the reason for the dividing of this property is for different family, family members would like to build on the property. So they are breaking the property into individual lots. The review committee did not have, did not find any issues of concern, a stormwater waiver has been approved a paving waiver was granted.

00:09:18,230	The Burley County Zoning Commission approved a preliminary plat and a public hearing on September 11th. Like I said before, the zoning is under Sterling Township, and Sterling has approved the continued agricultural zoning on this subdivision. And Sterling Township recommends approval of the plan. And the staff findings.

00:09:54,070	This subdivision fulfills the requirements of Article 33 of the Berlin County Zoning Ordinances, paving waiver has been granted, stormwater management plan waiver has been granted. The final plot has been submitted to all reviewing entities, all concerns and corrections have been addressed. Turling Sterling Township has recommended approval of the plat Sterling Township has zoning jurisdiction and they approved the zoning as is.

00:10:21,400	This subdivision meets the requirements of the Burley County Comprehensive Plan, Article 3, residential neighborhoods, Objective 1 and 2. Staff recommends approval of the final plat and to give a due pass recommendation to the Burley County Commission.

00:10:44,770	And you have the choice of approving the final plot and they do pass recommendation, adding conditions, and once they’re met, give it a due pass, deny the final plot with reason our tablet for more information. OK, thank you, Marla. Are there any questions for Marlo before we open this public hearing? All right, seeing none, thank you, Marla. We will open the public hearing on the Macedonski subdivision. So if anyone would like to speak on this matter, please approach the lectern, introduce yourself, tell us where you’re from.

00:11:08,830	And sign in. I got a couple of questions I’m Cindy Wilson. From Sterling. You live right across from the Magadunskys. We’re just wondering, so. They split it into 4 lots and family members or. Whatever their plan is to, um. Do with that.

00:11:45,670	So can those lots be sold then to other people and be split into one acre lots and And the big subdivision be there? I guess, um, Marla, if you want to field that one. I can field that one.

00:12:06,900	Yes, in the future they could divide those lots if they wanted to, but they would have to go through the same process that we’re going through now where Sterling Township would have to sign off on it because anything under I’m not sure what their requirements are, but the county is anything under 10 has to be changed to an R1 zoning. So there is always that possibility, but we will notify you.

00:12:30,870	And then So the first notification the neighbors get is it’s the when it’s. Coming before you to be approved? Uh, I mean we got it September 26th came in the mail coming, coming here, uh, and then, and then ultimately it ultimately it has to go to the county commission also. OK, so yes, OK, and then 2, you know, we have concern because.

00:12:56,030	As any neighbor if a whole bunch of houses go out there and Sterling doesn’t have zoning right now, and there’s dogs at large and with the livestock and stuff, it’s a concern. So I don’t know. I just wondered what was coming across the highway. Yeah OK. Uh, yeah, any questions for Cindy? And uh uh yes, Comm. Risch, Mr.

00:13:25,370	Chair, are you opposing? Would you like us to disapprove it or or what’s your situation there? I don’t wanna. I live in the country for a reason. Because we like the peace and quiet and the lack of neighbors. So yes, I would be very much opposed to a subdivision across from us.

00:13:41,570	For a lodge, I mean, people are going to do what they’re gonna do. We’re scared that in the future, People are gonna buy those for a lot and because there is no zoning, what could end up there? It’s a concern for us. It’s a concern after yes, Comm. Streifel, uh, we’ll go to you first. Uh, I have a question for Marla.

00:14:03,570	What are the size of A lot, it’s really hard to see on this. That one’s 10 acres, one’s 34 acres, one’s. 24 acres and one is 3. All three is where the owners live, where their house is does that one stay? Um, yeah, that one is there, um.

00:14:30,630	they have zoning Sterling Township has zoning and um they were notified that this was coming up and they approved the leaving the zoning zoning at a agricultural. Um, Sterling Township got notified. As soon as we pretty much got this on our desk, I notified them. So they’ve known about it.

00:14:55,270	You won’t have a big subdivision coming in your neighborhood without knowing about it first. OK, so responsible for notifying us then do they have any? No, no, no, Mr. Chair, yeah, go ahead, Comm. Bittner, yes. Thank you, thank you, Mr. Chair. I, I can address a little bit of that and I understand your concerns, um.

00:15:19,930	Any, any future development would come through the same exact process and in Burley County, you’re limited. To the size of lots that that you can um have in a subdivision. Um, I think it’ll help your concerns a little because to get below the kind of acreage they’re talking, you’d have to do something like a central sewer system.

00:15:41,030	Um, we don’t have a provision for allowing um like a 3 quarter acre lot or something that would would really fall into what’s considered a subdivision, um, and with respect to whether the Sterling Township would be notifying the answered no Burleoney would be the one notifying you, and that would be a completely open process, just like it is. Today.

00:15:57,900	Thank you. I So with 4 lots, do they have to have separate sewers or is there no zoning for that or? Just curious. Oh, there are, there are definitely I’ll I’ll take that one as well. There are definite rules and regulations about sewer systems and their permitting.

00:16:20,500	Um, in this case I’m certain that if they, if they meet the engineering requirements they would be able to have individual sewer systems or individual septic systems like you probably have at at your property, um, and then that’s kind of a standard across the county. Does that answer your question? It did. Thank you.

00:16:43,070	So The overall is that if they’re gonna sell a 10 acre lot into one acre lots or there’s gonna be a process. We’re gonna be notified or if somebody’s gonna buy the 24 acre lot and put a truck stop or we would.

00:17:08,100	Get a notification of that process that will be rezoning absolutely has to come through this process and, and keep in mind that that’s a distance. Requirement within county zoning ordinances, so you’re obviously within that distance notification area if you got notification on this one, you would be notified of any future action as well. Thank you. How far is the distance that you notify or something like that.

00:17:32,700	On this one we did a quarter mile because it’s a basic four lot subdivision. If it were like a gas station or something we would do 2 miles. For that. So then my other concerns would be. Our township doesn’t take care of. You know, Places that are a mess or. Things that are a problem area in our township.

00:18:02,130	So what’s gonna happen when there’s But our residences out there and they’re still not doing it. They don’t care about. The dogs run loose or. Yards with rats cause there’s so much trash or things like that. That’s a concern too. As it being right across the road from us, you know.

00:18:29,270	Sterling Township would would ultimately have the have the jurisdiction on that too. If they needed to enforce. Yeah, so we. That’s correct. A person would have to go to them and. Yes, uh yes, Comm. Sreifel.

00:18:53,770	I think it said in the application that this is for Uh, family members, is there, is there a problem there now that No, not with them at all, no, no. You just never know, you know. And more Had some questions. I appreciate you guys answer and um, it would be nice if the people a quarter mile away would get a notice a little sooner. Maybe then. And we were, we were shocked.

00:19:19,970	We haven’t heard anything, we don’t socialize in the community or get out much. We had no idea and it’s a little shocking to open your mail and. When you live out there for the peace and the quiet and the lack of people and then you read 04 lot subdivision coming soon, you know. So a little, a little earlier notice. would be appreciated by people.

00:19:43,530	Any additional questions for Cindy? Uh, seeing none. Thank you. Thank you. If anyone else would like to speak on the matter of the Mayansky subdivision.

00:20:05,970	Uh, this is a public hearing, so please, uh, approach the lectern if you’d like to speak, introduce yourself, uh, tell us where you’re from, and do we have a sign in? On the Is, is there a sign in? Right? Up there, OK. Yes. I’ll get her to Sounds good. Hi, Mark Isaacs with Independent Land Survey and Engineering. I’ll sign in I’m done.

00:20:41,730	Uh, just wanted to clarify a couple of things just I don’t think there’s any issues, but so, um, the 3 acre lot that’s shown on the plat, that’s an existing parcel today. Uh, we’re not creating that, we’re just plotting it as part of the parcel, so there’s an existing house on it now. Uh, the other lot where the the older houses, so there’s another house on, I think that’s lot 3.

00:21:02,500	Uh, so two of the lots already have existing homes on it. The 10 acre would be a new parcel and then the bigger parcel to the north would be a new parcel, so the rest of them. Uh, have existing homes on them. I’d answer any other questions if you had them. Yeah, any questions for Mark? Only to have that came home.

00:21:26,430	Crit. That’s what I said. Yeah, we have the. We have the existing home at 6799 and at 6601. Those are the two residents. OK. Any questions for Mark before he steps away on the map we got if you could approach the lectern, yep. Uh What Yeah, the one we got in the mail.

00:22:04,970	Now this one Not about That Yeah Because we were understanding the middle where Funston’s house artists’ houses, is the entrance. Yeah, so this 1234 is where the existing house is this is all one lot OK we thought that was the connect is all one. So where do they get in? Where’s that this is the same approach.

00:22:32,800	So this is an easement. So this lot and this lot will use this same easement. So it’s the approach that comes in and then it runs north up to this lot. So that’ll be the same driveway. Yes, so this won’t be, uh, this won’t be actually putting in an additional access. This is still using the existing access.

00:22:50,670	Artists’ approach. OK, so that comes into here. This is, you know, a new piece that they may build on. And they’ll use this same driveway. And these guys will come up here to get in or well this lot here could come off of here or come through here either one.

00:23:15,370	And Mark just a approval to put an approach on the line. Mark, just a question, just a question for you, um, I don’t know, Mitch Marley you might know also, uh, I would assume these have access easement to every one of these lots, correct? from that existing, yeah OK. Thank you.

00:23:36,770	Up in the bigger lot also has access to the north, speak into the mic, please. Yeah. And the bigger lot to the north have the access of the section line. OK, to the north, plus from the access easement. Thank you. Any additional questions for Mark from the commissioners? Seeing none, thanks, Mark. OK, thank you.

00:24:02,370	If anyone else would like to speak on the matter of the Madansky subdivision. Uh, please approach the lectern, let us know who you are. Where are you from and sign in? Anyone else would like to speak on the Mainonsky subdivision. Uh, please approach the lectern.

00:24:27,970	And one more, one more call to if anyone would like speak in this public hearing before we close the public hearing, uh, speak now. Seeing none, we will close the public hearing on the Mackinnonsky subdivision and move into discussion and action on this hearing. I would move to approve the final plot and give a do not pass to the Burtle County Commission. Do pass. He said Oh, I apologize.

00:24:55,270	Do Do do pass. Thank you. You confused me there, Munson. That, that would have been a new one for me. Yes, OK, so it’s been uh uh move for approval by Comm. Munsen, uh, seconded by Comm. Risch. Any, uh, discussion on the motion.

00:25:25,630	Any discussion? Seeing none, Marla, if you could move us into a roll call vote on this, on this, uh, public hearing to approve. Uh, for approval for the MacIdonsky subdivision. The motion is to approve the McAdowski subdivision and give a due past recommendation to the county commission. A yes vote means you approve of the motion. Comm. Bittner. Yes. Comm. Connelly. Comm. Rich Comm. Streifel. Comm. Munsen.

00:25:57,630	Chair. All approved. OK, uh, the Macanowsky subdivision is approved and will move to the Burley County Commission. We’ll move on to our second public hearing of the evening, uh, the Curney Morisset subdivision. So Mary, you could take us through the details of that. I’m just gonna have her give her this to sign.

00:26:28,270	Real quick so you don’t do that. OK. This is the journey more that. Subdivision. Um, Mark, Isaac is the. Uh, Lan severe developer. Um, the location is part of the Northeast one quarter, section 5, Township 140 North. Range 81 West in Burley County. This is 6 acres, more or less, and they’re dividing it into two lots. Notifications were posted.

00:27:21,270	September 26th and October 3rd in the Bismarck Tribune surrounding surrounding property owners were notified September 26th. And the Burley County website on September 26th also. And the request is for a due pass recommendation. Uh, Burleigh County was was approached regarding this two lot subdivision. And um It contains 6 acres, more or less.

00:27:53,600	It’s a journey and. Jason, I think it’s Jason Cherney and Morset, they each right now own one lot or one in each of these lots. The review committee did not find any issues of concern, paving waiver has been requested and granted a stormwater waiver, stormwater management plant and waiver has been granted, and the Burley

00:28:19,170	County Planning and Zoning Commission approved the preliminary plat and called for a public hearing. The zoning has already been changed to R1 rural single family residential. Um, the property owners are basically plotting this into a two lot subdivision so that they can build on their property.

00:28:47,430	Um, the subdivision fulfills all the requirements of Article 33, um, of the zoning ordinances, a paving waiver has been granted stormwater management plan waiver has been granted. The final lat has been submitted to all reviewing entities, all concerns and corrections have been addressed and made. The Burleigh County Planning and Zoning Commission approved the preliminary plant on September 11th.

00:29:13,070	Zoning is again, our one, single family residential in the subdivision meets the requirements of Burley County Comprehensive Plan, Article 3, residential neighborhoods objectives 1 and 2. The petition for final plan meets all the administrative requirements of the Burley County zoning ordinances and staff recommends approval of the final plat and I do pass recommendation to the Burley County Commission.

00:29:42,430	And then you can approve it, uh, approve it with conditions, deny it or table it for more information. All right, any questions for Marlow before she steps away? Hey, seeing none, thank you, Marla. And we will move into opening the Cheerney Morrissette subdivision hearing. So this is a public hearing, uh, public hearing is open.

00:30:08,500	If anyone would like to speak on this matter, please approach the lectern, introduce yourself. Tell us where you’re from. And sign in. If anyone would like to speak on the Cheerney Morissette subdivision public hearing, uh, please approach the lectern. And uh last call for anyone who would like to speak on the Cherney-Morrisset subdivision public hearing.

00:30:41,700	Please do now. All right, seeing none, uh, we will close the public hearing and move into action and discussion on the Cherney Moore set subdivision. Yes, Comm. Risch. I move we approve the final plan and give a due pass recommendation to the Burleigh County Commission. right, it’s been moved by Comm. Risch, seconded by Comm.

00:31:17,900	Munsen to move for approval and send to the county commission. Is there any discussion on the motion? OK, seeing none, we’ll move into a roll call vote. Marla, if you could take us through that. OK, the motion is to approve the journey more subdivision and give a due pass recommendation to the Berlin County Commission.

00:31:42,670	A yes vote means you are in favor. Comm. Streifel, yes. Comm. Rich. Comm. Bittner. Yes, Comm. Connelly, Comm. Munsen, Chair. Yes. All approved. All right, it has been approved to send the Cherney Morriset subdivision to the county commission with the due pass recommendation.

00:32:12,030	Uh, we do have one other piece of other business that we need to take a look at, uh, the planning and zoning commission 2025 calendar for meetings, uh, with the meeting dates application due dates, um, in the county commission meeting dates are on here if, uh, if anyone, if everyone has had a chance to take a look at this and if there’s any changes that are necessary, if not, Take a look

00:32:34,370	at this one. And if there’s any changes that we need to make, uh, we can do that or we can vote for approving that uh that schedule calendar. Motion to approve. All right, it’s been moved by Comm. Bittner, seconded by Comm. Munsen, uh, to approve the calendar for 2025 for the Planning and Zoning commission.

00:33:03,700	Uh, all in favor, say aye. Any opposement? Hearing none, uh, the calendar for 2025 is approved and will be posted on the on the Burley County website. I believe that uh takes us through all other business unless anyone else has anything else they would like to bring up. Move to adjourn.

00:33:28,230	All right, it’s been moved to adjourn, uh, and, uh, by Comm. Sreifel, seconded by Comm. Munsen. Uh, is there any opposement to adjournment? Hearing none, we’re adjourned.