00:00:14,230	It’s five o’clock and, uh, I would like to welcome All commissioners staff. And. Uh, those interested citizens that are sitting here in the baker meeting room and, uh, with us via our live stream online to this meeting in the Bismarck Planning and Zoning Commission Today is March 27th.

00:00:38,530	And with that I’m gonna call the meeting to order Sarah, Would you please call roll. Comm. Bittner. Here. Comm. field. Comm. Johnson. Comm. Lukins here. Comm. Shell Mayor schmitz here. Comm. wangen. Comm. zent Schwartz here. Thank you with that? Oh? Excuse me Comm. Larson here. Thank you.

00:01:12,530	With that we’ll move on to our first item of business this evening, and that is to welcome a new Comm. to our table in our new Comm. is Amber Larsen and Amber. Would. You like to, uh, say a few words just to introduce yourself to the commission. Mhm. Pulse or to get all the followers. Thanks.

00:01:34,670	Thanks for having me to, um Join the Bismarck planning and zoning for those of you who aren’t familiar with me. My name is Amber. Larson. I, Um, a marketing leader for a local engineering firm Bartlett and west. I also, um, served for four years on the Mandan City Commission before I move just a year ago to this mark, So. I have some experience with this.

00:01:53,630	Thank you, Amber. It’s good to have you here? Thank you all right with that? We’re gonna move on to the next item on our agenda this evening, which is consideration of the approval for the minutes of our February 28th meeting commissioners. What are your wishes? Move to approve. We have a motion to approve from Comm. Schmitz.

00:02:13,830	Second. We have a second from Comm. Lukins. Any discussion commissioners? Seen none. Sarah, would you please call roll? Comm. Bittner. Yes. Comm. field. Comm. johnson, Comm. Larson Comm. loins Comm. shell Comm. schmitz. Yes. Comm. zent in. Yes. Thank you, um and chair schwartz? Yes.

00:02:43,970	The motion is approved with that we will move on to our consent agenda this evening, and we have, um three items on our consent agenda. First is the central Outpost subdivision. Which is a major subdivision, Preliminary Plat and a zoning map amendment. Uh, staff recommends tentative approval of the preliminary plant and to schedule a hearing for the zoning map amendment. The.

00:03:09,670	Next item is West Region Medical second Mass, West Region Medical second edition, and it is a request for a major subdivision Preliminary plant. And, a zoning Map amendment staff recommendation is tentative approval of the preliminary plat and, uh, to schedule a hearing for the zoning map amendment and then the final item in our consent agenda is revisions to the

00:03:36,800	floodplain district. And. Uh, it is a request for a zoning ordinance, Text amendment and staff recommendation is to schedule a hearing commissioners you can pull Uh, any or all of these items for additional discussion or approve the consent agenda and whole What are your wishes? Move to approve the consent agenda and whole OK, thank you.

00:03:59,030	Comm.. Schmitz. We have a motion to approve second Comm.. We have a second with that commissioner’s any discussion. Seeing None. Sarah, please call roll. Mr Shell. Yes. Mr smith. Yes, Comm. Comm. Bittner. Yes. Comm. field. Yes Comm. johnson Comm. Larson. Yes, Comm. Logans? Yes. Your shorts. Yes. The motion is approved.

00:04:29,730	Thank you with that we will move on to our reg regular agenda this evening. The. First item on our agenda is Hay Creek Township, Section seven and 18. And. Some Township designations there and Isaac is going to give US staff briefings this evening. Yes.

00:04:52,500	Thank you chair schwartz commissioners for our first regular agenda item today, the Community Development department is requesting approval of a major street plan amendment in Hay Creek Township, Specifically, Section, seven and eight of T 139 are 80 sections 12 and 13 to 139 R 81. That’s a bit of a mouthful, so we won’t be saying it that much more so instead we have on the screen.

00:05:11,370	A visual representation of the rough area of the project. Uh, it is located northwest of Bismarck in the aforementioned sections of Hare Township, west of Tyler Parkway between Frisco Way to the South and state highway 1804 to the north. A couple of points before I get too much further. I do want to be clear that the Technically.

00:05:35,530	The public hearing is just for the major street plan portion of this project and the future Land use plan which staff is having here for consideration at the same time. Technically the future land use plan will have a separate public hearing. But timing wise.

00:05:51,770	We wanted to have them here at the same time, And, then the second thing is in some of the maps. You will see here coming soon. They are substantive substantively the same as what was included in your staff report, but it was brought to staff’s attention that on one of them, the street names were not showing properly. So that has been fixed here.

00:06:07,330	You will see that later to help ease. Uh, the the visuals a little bit But with all that said, Uh, a little background information on why the community Development department is bringing this agenda item before you today, um previous roadway plans and if we can go on to the next slide, perhaps previous roadway plans

00:06:29,900	envisioned a a Beltway of high speed. Uh, limited access, highway style roads around the northern outskirts of Bismarck and Eventually I. Would. This Beltway would cross a proposed northern bridge over the Missouri River. And.

00:06:56,370	This is essentially what is shown here before you on the major street plan and future land use plan, uh, by the diagonal arterial kind of running northeast to Southwest, as Bismarck has continued to expand northward over years and decades. This Beltway specifically has not yet materialized and given changing characteristics of the area planning staff.

00:07:21,970	To analyze different, uh, scenarios that would still achieve the connectivity and access that residents of Bismarck and burly county as a whole would need in this region. Uh, that were alternatives to what is shown here. The review in question included staff from the Metropolitan Planning Organization City Engineering Department County Highway Department staff from Morton County and the city of Mandan and the relevant landowners of this area. Uh, if we can go to the next slide, please.

00:07:48,700	The proposed sections proposed changes include the realignment of that beltway on the left hand side of the screen. There is the existing conditions, right hand side being the proposed so The proposed changes include the realignment of that beltway, uh, arterial to the Western section line of Section seven there, uh, indicated by the Arrow and the removal of a future arterial

00:08:10,570	extension of ash coole drive, uh, that would be between River Road. And an extension of Claremont Road that red section right there. Um The proposed changes would not prohibit the landowners or developers from putting roads in these areas or other local roadways. Just a reimagining of where we think arterials and collectors make sense.

00:08:36,700	Other, uh, changes proposed include a realignment of some collector roadways in the area to, uh maintain some consistency of access, and, uh, connectivity. The. Future Land Use Plan amendment is as shown on the left there. It’s It’s the areas those two designations right there.

00:08:59,100	The neighborhood, mixed use and community mixed use and the proposed change for this would just be to flip those two designations as shown on the right to try, maintain, uh, some consistency with having more intense land uses next to more intense roadways for again access and connectivity. And again, just to be clear.

00:09:23,100	That’s the portion that is on the consideration to call for a public hearing, not officially a part of this public hearing. If. We can back up. Uh, two slides, please. I. So currently the area that this product would take place in. It’s all zoned a agricultural. It is undeveloped land, and that’s not being proposed to change right now.

00:09:57,770	This is just for future plan purposes In General, We have urban style development to the east and south of the project area and rural, residential or agricultural land to the north and west and a portion of the Major Street Plan Amendment.

00:10:20,230	Project is adjacent to city limits on the east right now, and there is currently one major subdivision Plat on the eastern portion, uh, currently titled William Blackstone Edition that is in process as well but again, Officially no development is taking place right this moment. Due to the relatively large scope of the Major Street Plan amendment project the areas described in the future land use plan as a mixture of urban neighborhood neighborhood.

00:10:48,030	Mixed use community mixed use parks and open space and urban reserve. Uh, midterm. These areas range from being primarily residential in character to a mixture of residential and commercial activities and some primarily natural landscapes as far as the future land use plan is concerned.

00:11:08,830	For, the future Land use Plan amendment that, uh, middle portion there again just for frame of reference Those areas being neighborhood me mixed use and community. Mixed use are both a combination of residential and commercial characteristics with neighborhood mixed use being a little more on the residential side and less commercial and then the community mix use, you know, being the opposite of that a little more commercial, a little less residential.

00:11:27,600	The public was notified of this request via publications in the Bismarck Tribune on March, 15th and 22nd and four letters were mailed to nearby property owners on March 15th as well, and Hay Creek Township was notified of this request on March 18th to my knowledge staff has not received any written comments regarding this request, and as a cumulative result of all the findings

00:11:49,370	contained in the staff report in front of you. City Bismarck staff find that the Major Street Plan amendment and the future Use Plan amendment would not adversely impact public health safety and general welfare and is consistent with the Comprehensive plan. Bismarck code of ordinances and relative relevant state law.

00:12:11,800	Therefore at this time staff recommends approval of the the Major Street Plan amendment in previously described sections of Hay Creek Township. Additionally staff recommends calling for a public hearing for the future Land Use Plan amendment with the condition that the Major Street Plan amendment in the same area is approved. Does. The Commission.

00:12:32,170	Have any questions for me at this time? Isaac before we go ahead with questions, Uh, I am a little bit remiss here in that I should have asked whether or not there is a representative of Hay Creek Township here. And I’m not seeing or hearing any and I. Guess. I’ll ask the next question.

00:12:49,530	Is there a representative of Apple Creek Township here. And. I’m not seeing either there. OK, thank you. With that, Isaac Um commissioners do you have questions for Isaac regarding this agenda item? If I May, I would add one other thing that I, uh, neglected to mention earlier on in the sort of background history of this, I mentioned that the original Beltway idea, uh, envisioned

00:13:17,500	the that beltway to then connect to a northern bridge over the Missouri River to Mandan that is still included in the proposed changes. It would still act as a sort of extension of 57th Avenue, uh, Northwest, but there is no exact timeline or funding source for that, uh, particular bridge. But.

00:13:37,400	It is still a part of the plan that is not changing, specifically just wanted to add that as well. Thank you again Commissioners. I’ll ask the question. Do. You have questions for Isaac. I’m not sick. Comm. Shell. I think I think you mentioned it, But. Just maybe once more.

00:14:02,300	There was co ordination, also with the landowners within this area, and they’re supportive of this change or this network modification. Yes, So. We had meetings with the relevant landowners. Um, both in the the northern portion, which is primarily the ward family in the southern portion of the project area, which is primarily the Knutson family, and they were generally receptive to working with city

00:14:20,100	staff to come up with some proposed amendments that would still meet both their potential future needs for how they might Want to develop the land at some point in the future as well as achieving what the city believes would maintain the spirit of the plan.

00:14:41,370	Um, as I mentioned, there is one major subdivision that is in the planning process. So these Roadway proposed changes would not directly impact that specific Major subdivision, but it might impact their master planning of the area a little bit, but generally they were, uh, receptive and and supportive of working with staff. Yes. Thank you thank you Comm. shell additional questions. I’m not hearing or seeing any other. Thank you.

00:15:06,970	With that I’m going to open up the public hearing. Is there Anyone here that would care to address this agenda item this evening. And. I’m not seeing anybody that would Is stepping up to the Podium quickly.

00:15:31,130	So with that I’m going to close the public hearing, and, um With that commissioners uh Isaac any additional comments before we move forward? Uh, no, not at this time. Thank you with that, Um, a major Street amendment is being requested Staff recommendation is to approve and, uh there is a future Land Use amendment, which staff recommends schedule a hearing and I believe there were there was a condition With.

00:15:57,170	This which had to deal with the, uh Major Street Plan Amendment. So Schwartz. If. I May. The the condition was just, uh Call for a hearing. If. You choose to approve the major Street Plan amendment.

00:16:19,570	These two items could have gone concurrently, but the way the initial review process happened, we were analyzing the roadway system first, and then as we started to get more clear ideas of proposed changes, it was eventually deemed relevant and necessary to have a formal amendment to the future land use plan as well. So that is why they are a little bit apart, but we’re trying to keep them as closely together as possible. Oh, great. Thank you, Isaac. Without commissioners.

00:16:38,130	What are your wishes? Uh, let me know if I’m doing this right. But a motion to approve the Major Street Plan Amendment and Um, most of the schedule a hearing for the future when use Plan amendment Thank you, Comm. johnson. Second We’re we’re the second come from Comm. thank you, Comm. Bittner and second there with that Comm.

00:17:09,200	any additional discussion? And I’m not seeing or hearing any so with that, Sarah, would you please call a roll? Comm. Yes. Mr Schmitz. Yes? Yes. Comm. Lukins? Yes. Comm. Larson. Yes. Comm. johnson? Yes Comm. field. Yes, Comm. Bittner. And she Schwartz? Yes.

00:17:41,770	A motion is approved with that We move on to item seven in our regular agenda, which is Jack’s first edition. Lot three, Block one and Lauren is going to give a staffer briefing on this this evening. Good evening Chair.

00:18:06,830	Schwartz and commissioners, Quest development and Construction in case C landholding LLC are requesting approval of a special use permit to allow a drive through for an oil oil change car service and lot Three Block one Jack’s first edition. This request is located in South Bismarck. In, the Southwest quadrant of the intersection of South, 11th Street and Bismarck Expressway. The property has been identified as community mixed use in the future.

00:18:33,570	Land use plan the CMU areas are places of commerce, employment and residences for the Bismarck community. Adjacent uses include commercial uses to the north Across Bismarck Expressway commercial uses in multifamily residential to the east across South 11th Street, single family residential to the south and commercial uses to the West. The property is encumbered by utility easements along the south and east sides of the property. The public has been notified of this request.

00:18:56,570	A notice was published in the Bismarck Tribune on March, 15th and 22 and 13 Letters were mailed to owners of nearby properties on March 15th. Staff was contacted by a member of the public. The individual’s questions involved what the proposed use was and how it would affect surrounding properties and traffic.

00:19:20,500	The proposed use will involve drive through oil changes, Uh, drive through oil changes as part of a car service. Um, use as well as the access easement on the south side of the lot, uh, which will be used for ingress and egress from this lot. Um, this would I guess, limit the Uh, effect to the surrounding properties and traffic.

00:19:43,500	Uh For that main question there. Uh, this request was evaluated according to standards contained within the Comprehensive plan. Bismarck code of ordinances and relevant state law. Based on the site plan submitted with the application and included within the packet I’ll Drive through or drive through and drive in requirements.

00:20:05,370	Uh, as stated within the Bismarck Code of ordinances would be met. This would include lot area and width requirements, front side and rear yard setback requirements. Height limit requirements. Access and E egress requirements and all relevant parking requirements. As, a result of all findings contained in the staff report.

00:20:31,030	City of Bismarck staff find that the proposed special use permit would not adversely impact the health safety general welfare and is consistent with the Comprehensive plan. Bismarck code of ordinances and relevant state law. Therefore staff recommends approval of a special use permit to allow a drive through for oil change services on Lot three Block one Jacks first edition. Do. You have questions for me at this time Commissioners commissioners questions Comm.

00:20:54,070	fields. Because. They’re gonna be pits in that building. Can. You clarify pets, please. Oh usually when you get an oil change, there’s people underneath the floor working, and that’s uh that whole area floods right there. I believe so. It’s gonna have a basically a basement. Uh, Comm.

00:21:20,370	field chair commissioners, I believe based on what the applicant Uh, company. Uh, Based on what their I guess. Oil change services. It’s a drive through service, so normally, it wouldn’t Have deep pits like that. It’s more so just changing and, uh, lifting up the cars, I if you look at other, uh, drive through oil change services throughout Bismarck. They’re very similar in that respect.

00:21:46,830	Well like race day. That’s a basement underneath the whole thing. So. There’s actually people standing under their drainage oil, putting your filter on But the elevation Right across from cash wise, There’s times that whole intersections underwater. I mean, quite often. So if there’s a pit at all there, I don’t know how they could build it in that location. Unless.

00:22:08,730	They’re gonna use scuba gear when they’re changing your oil. At this time, I I’m not sure based on the site plan, and, uh, all the information submitted at this time. I’m not sure. If. There would be any pets involved with that.

00:22:33,600	That would be a question to ask the applicant OK? Thank you, Minister Field commissioner’s additional questions for Lauren. I’m not saying or hearing any Lauren. Thank you. With that I’m gonna open up the public hearing on this agenda item is either the quest request or representative here. Chair schwartz landed name Wigen Engineering, uh, representing quest development in that, Um, Yeah.

00:22:58,030	I just had a little bit to to what Lauren had presented to us. Um, this lot is own industrial, as she had mentioned before. Uh, the lot of itself is pretty heavily encumbered As you mentioned there are easements to the south for transmission lines and for access to the adjoining properties. There’s easements on the west for sanitary sewer and storm sewer.

00:23:14,970	It’s a fairly large, uh, setback off of expressways 50 ft Because of the zoning and because of the arterial use of that road, so the slide itself is is pretty heavily encumbered. So. We have a small building that’s really fitting in here. It’s only about 1200 Square feet.

00:23:30,700	Um so it it works out well for for a use of this size, um and and the answer to the question, referring to earlier about the pits, there are pits in the sense they’re They’re about 30 inches deep. They’re they’re shallow pit. The site itself will be raised up about 2 FT. Above. What, the current what the future of floodplain will be showing.

00:23:44,830	So when we talk about pits, and we talk about these depths it it’ll change significantly from what it is today. If. Anybody has any other questions? Comm. questions I’m not seeing or hearing anyway. Thank you. Thank you. The podium is open for others that would care to address this agenda item.

00:24:10,430	And I’m not seeing or hearing any so with that I’m going to close the public hearing. Uh, with that, Lauren, Do, you have any additional comments? Chair schwartz commissioners. I don’t have any additional covers at this time. Thank you. Commissioners that this is a request for a special use permit. A drive through and the staff recommendation is approval. What are your wishes? Move to approve Comm.

00:24:35,700	Lukin makes a motion to approve. I second in Comm. zent seconds. Without any additional discussion. And. I’m not here. Mr Chair. Yes, Comm. Bettner. Thank you, Mr Chair. I’m just curious with respect to the question about the pits, Um Is that elevation, something that would be considered in the building permit process because they can understand the concern

00:25:02,370	in that area. Thank you. Comm. Shell. Commissioners of this this project because it’s a commercial in nature would go through our site plan review process as well as through a building permit process where things like Landon mentioned the the elevation of the structure, uh, would be taken into account.

00:25:23,570	Um, relevant building codes would also be taken into account. If I. I can’t speak specifically, if what’s what’s allowed and what’s not allowed when it comes to an oil change service facility, But, those would all be adhered to the current standards. Thank you for clarifying Comm. shell. Did that answer your question. Comm. Bittner. No.

00:25:43,900	I think it does, um, because it’s a legitimate concern. It’s just that if it’s addressed during the process for a building permit, then that would be OK with me. Thank you sounds good. Thank you with that commissioners any additional discussion? I’m not seeing or hearing any so we have a motion with the second and on the table to approve.

00:26:03,030	Um Sir, would you please call Roll? Comm. Bittner. Comm. Johnson? Yes. Comm. Lukins Comm.. Yes. Comm. Yes. Comm. field. Yes, Comm. Larson. Comm. shell. Yes and shes. Yes. The motion is approved. Moving on to Item eight in our regular agenda. Excuse Me Olive Tree subdivision. It’s a request. Uh, special use permit for an accessory building. And.

00:26:35,230	I believe Isaac is going to, uh Give a staff report. Yes. Thank you chair Schwartz commissioners this next? Uh, regular agenda item comes from a comes to us from, uh corey and Jimi Hendrix, who are requesting approval of a special use permit on Lot two block one olive tree subdivision as shown on the screen before you hear to

00:26:58,100	increase their total allowable accessory structure size to 2400 square feet. The Project area is located northwest of Bismarck along the north side of olive tree drive. Between Burnt Creek loop on the east and green tree loop to the west.

00:27:24,300	The property is zoned rural residential and all adjacent land is rural residential as well with some land. Uh, if we can go to the next slide with with some land, uh, further to the east, being agricultural and this zoning, of course, is not being proposed to change and for the Comm.

00:27:46,700	reference rural residential properties with At least 40,000 square feet are allowed up to 1800 square feet of accessory structure space without a special use permit and with a special use permit, they are allowed to go up to 2400. So, an additional 600 square feet of accessory structure. Space this property. Uh, if we go to the next slide, please. This property has approximately 41,193 square feet, so it meets that criteria.

00:28:10,230	To be eligible for the special use permit. The applicants currently have an existing permitted 1800 square foot shop on the property and if granted the special use permit, they would use the additional space to place a 576 square foot residential greenhouse on their property to expand the growing season of garden vegetables for them, Uh, from staffs understanding it is

00:28:33,630	the applicant’s intent to leave up the frame sort of year round, but then take down the plastic roofing. During the winter outside of their growing season, but they want to extend that growing season.

00:28:53,830	So, uh, as the site plan kind of shows here the the parcel does meet our minimum lot size requirements being more than 40,000 square feet, and it appears to have, uh, plenty of room to allow the proposed structure to meet the relevant setback requirements as well. That being at least uh, Fif, uh, 40 ft from the front, but typically, accessory structures are in the rear.

00:29:14,270	Uh so 50 ft from the rear and 15 ft from the side, generally 10 ft from other structures as well and then If. We go to the next slide. This area is considered, uh, to be rural residential in the future land use plan as well.

00:29:34,500	So it will continue to be rural, residential in character, and this is described in the future land use plan as places for country living with convenient proximity to city life, and it is outside of the areas in the growth phasing plan that are identified as Urban reserve, therefore urban style development or redevelopment of this area is unlikely within the next 50 years or so based off of these estimates, the public was notified of this request via publications in the

00:29:56,900	Bismarck Tribune on March, 15th and 22nd and 56 Letters were mailed to nearby properties on March 15th as well and Hay Creek Township was notified of this request on March 13th to my knowledge staff has received one public comment in opposition of this project due to other projects currently underway on the land.

00:30:19,300	Some of which the individual states encroach on neighboring properties. This comment in its entirety was, uh, provided to the commissioners before this meeting. Um, as a cumulative result of all the findings in the staff reports the city of Bismarck staff find that the special use permit would not adversely impact public health safety and general welfare and

00:30:40,130	is generally consistent with the Comprehensive Plan Bismarck code of ordinances and all relevant state law. Therefore, staff recommends approval of the special use permit for increased accessory structure size up to 2400 Square feet on Lot two block one of olive trees. Do. The commissioners have any questions for me at this time commissioner’s questions for Isaac Comm. field.

00:31:04,730	So If. They’re gonna take the top off in the winter. I assume there’s no frost putting on this building. It’s just, uh, out of a box. Yes, that, uh, chris Field and commissioners from my understanding it this, uh, greenhouse would come from an assembly kit of some kind.

00:31:26,630	No Permanent Foundation or or something like that. So it’s no different than the greenhouses they throw up at runnings or You know all over town in a in a broad sense? Yes. It would be very similar to that. So do all the other greenhouses in town have to have a permit.

00:31:47,670	From a zoning perspective, they greenhouses such as that in a in a parking lot of a building would go through an administrative process for a temporary special use permit just to confirm that that use is allowed from a zoning perspective.

00:32:08,230	There is from my understanding, no building permit required, but just a temporary special use permit specifying sort of how long it can be there and confirming that the zoning does allow it. So. Basically, this guy could do that, and he wouldn’t need to use up his square footage of, uh, acceptable building. In. A sense it it you could look at it like that. But Given that their existing shop is 1800 square feet.

00:32:31,230	They’re already at that limit, so anything above that permanent or temporary would need, you know this special use permit for, um extra space. It would not necessarily need a a building permit in the same sense that a a new permanent structure would, but it would need this to confirm that it’s an allowable, you know, use of the space given our current ordinance, uh,

00:32:49,470	the way it’s written. Thank you Comm. field commissioner’s additional questions for Isaac. I’m not saying Mr Chair. Yes, Comm. vent. Thank you, Mr Chair. Um, with respect to the questions. Uh, about, uh, the So is is the permits that are issued in town. What do they cost? I if I remember correctly, uh Comm.

00:33:25,200	Bittner and and commissioners a temporary, uh Building permit. Special use permit is $150, but I would have to double check to confirm that OK, thank you and and what’s the cost to this person for this special use permit. This being a standard special use permit. The current fee is $700. Thank you. Thank you Comm.

00:33:51,500	bettner additional questions for Isaac. Mr Chair, Um, is a question for you, since it’s a temporary structure, it says here, it’s going to be 10 ft. Away from the house, Um Is that per code. And. How is that enforced? So, Uh Comm. Larson and and commissioners. The.

00:34:14,900	The 10 ft is a building code thing more so than a zoning code thing. There are ways to allow structures to be closer to each other than 10 ft. But. It just triggers other, Um, fire consideration precautions.

00:34:37,030	As for how that would be enforced the way enforcement works for anything zoning code related or or or similarly it we enforce things on a complaint basis so someone would first To, Um bring to our awareness that they believe a violation is occurring and then we would usually reach out to the owner of the property to initiate a conversation to see what we can find out further about that. Thank you? I would just think that’s an important note for the applicant. Given.

00:34:58,170	It’s not a consistent placement of the structure. Considering fire codes. Thank you Comm. Larson additional questions for Isaac. I’m not seeing her here. Thank you thank you with that. I’m gonna open up the public hearing on this agenda item is either the requester or a representative here to speak to this, uh, agenda item.

00:35:32,330	Can I, I go. You certainly may If. You would introduce yourself and put your name on the log up there. That would be wonderful. Thank you. Commissioners. I’m james Martel. I am Corey’s neighbor. Direct. Our property line is conjoin. So just to clarify James. You are a neighbor of the individual that is requesting this. Yes.

00:36:20,230	I can look out my window and look in his yard. Thank you That’s how close I am. Um, we’re referencing the letter that was sent out that, uh, was extremely vague. Uh, As soon as the people got it, they started calling around to find out. Who is this that’s got this wants a 2400 square foot greenhouse.

00:36:46,970	And. So they called me because they kind of figured it out by the map that I was his neighbor. They wanted to see Uh what I knew about it. So on your letter. Uh, like I said It was very vague and misleading. It’s not 2400 FT Square Greenhouse.

00:37:07,770	It’s a Smaller greenhouse, but it’s in that 2400 square. There was no address for all of the individuals to reference We had to dig through the Internet to try and figure out where it was, and I followed your directions on here, and it took me 15 minutes to figure out where things were at that you had on

00:37:29,630	And. I’m a computer guy. So. You had me going. And, then some of the questions for the neighbors that they had was since, uh he already has one very large outbuilding. Uh, before I saw the permit application. I wonder where he would put another 2400 Ft, uh, greenhouse.

00:37:55,230	But once the individuals received found out Uh then I. They called me and I had spoken to Corey Prior, so I knew he wanted to build a greenhouse. But. I wasn’t aware how big he wanted it. In. The 2400 threw me for a loop. Some of the questions that the neighbors had was. Why is the greenhouse so big Even.

00:38:14,500	Once I found out it was 576 square feet and we’re still wondering why is that so big? Uh, is that Were the family would consume within a year. Now they’re thinking not Then. They, uh, wanted to know what his intentions were for such a large greenhouse.

00:38:34,330	Uh, will he be taking the product and going to farmers market with it and running a business out of his greenhouse. They were concerned about that. And then if he also did, uh, do that, Would we start having people show up.

00:38:54,770	To buy stuff out of his greenhouse, thus creating more traffic on our street and parking and our street is not made to have parking. They’d have to go on to his property and park or they’d park in the different driveways. Then. They wanted they wanted, uh, we as the close neighbors thought, well. I don’t have any objections to him having a greenhouse. Uh, I am concerned about the size of the greenhouse.

00:39:22,370	That he’s going to have and what that, uh, would do to affect property values in the future. For. People who wanna come out to the country want to be able to look and see the the wild critters running around and the horses that are in the pasture behind us? Um So. They would have those concerns. Then.

00:39:45,830	I asked corey and How he had planned to handle the runoff. Because at the time. I was OK, Uh, you’re gonna have a pretty big building there, and there’s a lot of water gonna run off the roof. So.

00:40:04,570	He addressed that and told me how he was going to handle it because On the West side or actually on the east side of him. His neighbor. Uh, his septic field is quite close to his property. So if he’s got a lot of water that’s running that way. It could inundate that gentleman’s septic. So we had concerns of that.

00:40:24,170	Uh, I’m not too worried about the water running off on mine because my septic is is further to the east. On the other side of my property, So. There’s plenty of time but with his big garage And this other building. He’s taken away 2400 square feet of percolation that could take place in our sand. So where’s that water gonna go? It now has less space to run. So. We. Gotta worry about that. And.

00:40:54,230	Then again. I said. I was personally wondering how, uh, the these large buildings and the the clutter that’s gonna be there How that’s going to affect future property values. But. I will state that I’m not adverse to a small greenhouse on there. So. Those are some of our concerns. Thank you Comm. questions for james.

00:41:19,700	James doesn’t make any difference that the, uh that the greenhouse itself is not a permanent structure. In your opinion? No. It does not OK. Because he’s gonna take the roof off in the winter time. So. He’ll just have his his frame and his benches in there, uh, where he’s gonna put the plants.

00:41:42,870	Um Some of the neighbors would be better if he scaled it down. But that’s You know something that would have one of them even stated that they’re not too concerned. Uh, they would be concerned having a 570 ft, uh, greenhouse adjacent to their property. And. They were wondering how I would look at it. Me. I’m gonna get vegetables. All, right.

00:42:07,170	Thank You appreciate your thoughts, james. Others that would care to step up. And address. This is, uh, is the owner here by any chance? To Would you care to step up and answer some questions? Mhm. You like me to print my name on here. I would appreciate that, sir.

00:42:32,470	Coy Hendrix, part owner with my mom of this property at 5430 Olive Tree Drive. Yeah. OK so I can address You know as best as I can the things that that Jim has brought up to the commission? Um, I. Suppose the first thing would be. Why. Is it so big Well If. I’m allowed.

00:43:07,500	I Don’t plan on putting any other buildings on this property. I’ve got this. This shop that maxed out my allowable without a special use permit square footage. And just like anything if you make it smaller. You always wish you made it bigger later, So. I’m just gonna go with the maximum right away. And with the dimensions that Of, the greenhouses that I’ve looked at.

00:43:29,500	They come starting off at 20 ft wide and then going 6 ft. Increments over that in the math just works out that the closest to 600 square feet without going over was a 24. Ft by 24 ft, which comes out to 576 square feet. Now.

00:43:48,430	How will I use that? Well That’s like asking me how I’m gonna use my 1800 square foot shop. I’m just making room for expansion. You know, Um, but I do have some plans. And when I consider Really what would be usable in that greenhouse Unless I was like jim was saying building shelves and things in there. Which.

00:44:10,730	My intention is to primarily plant things in the ground and just extend the growing season. By the time you have walkways. Around E, every role you’re looking at more like 250 usable square feet. So. Probably really no different look than inside a garden. Except. I’d probably store some tools garden tools in there.

00:44:36,230	Um So in the again The purpose is just to grow vegetables and Extend my growing season. And specifically to be able to start plants without putting them on the window Sills in in my house, and then maybe some things that would last a little longer into the fall. Use it for that, too, But I’ve never had a greenhouse before.

00:44:57,030	So there’s Definitely some room for me to learn about more uses this as time goes on, so I couldn’t tell you everything I’d use it for right now. But. I’ll tell you what I wouldn’t be using it for is to be running a business. I’m, a master electrician. I run my own business. I’m plenty busy doing that.

00:45:11,670	This is just a hobby, you know? If anything as jim knows, I give extra produce away to my neighbors and every everyone that I know on the street so And as well as little starter plants like when I gave you those tomatoes last year, so It’s not something I’m trying to run a business or make money.

00:45:31,230	This is just to provide food for my family and for my neighbors, and just something I can do to enjoy and to get away from the The frozen tundra a little bit earlier have a warm place to go, You know so I don’t feel like I like I just did and go to Arizona to get away for 10 days

00:45:48,500	and I just got back so Maybe. It’ll save me some money on plane tickets. Um Like he mentioned about the the water runoff. Well I I brought in over £ 2 million of of fill to my property before I started building anything on it and Including building the shop, which I raised up 3 ft in the

00:46:15,430	backyard, and there’s gutters on that shop two downspouts. There is a plan for all that water. And that is right next to Jim’s property, So. I understand his concern. So the and I’ve explained to him and he understands what the what the Plan is for that.

00:46:35,300	But in regards to this greenhouse I, I dug a 30 ft diameter pond. That’s about 3.5 to 4 ft. Deep in the lowest part of my yard. Before any of this other stuff happened and all the water runoff from this area where I’d be putting the greenhouse runs into that pond, and that will the capacity, according to my calculations.

00:47:00,900	Is between 14 and 16,000 gallons, So I think there’s plenty of room for any any of that water runoff that would come from there. Um, and the rest of that area is all just a garden anyway, so most likely it’s gonna get soaked into the garden. Um Let’s see. And.

00:47:23,770	I mean that that already addresses the traffic flow? I do not plan on running a business out of my backyard. Um so I don’t think unless I told people you can come over and have some free food. There might be some people who come over, but I have a driveway that goes through my entire backyard. That’s probably I don’t know.

00:47:41,730	300 ft Long and parking all the way around my entire shop, So. I. Don’t think parking on other neighbors, driveways or on the street would be a problem. If it was then I’d really be having a heck of a party. Property values. I’m, not a real estate agent or an appraiser, so I can’t really speak to that. But.

00:48:04,430	I know me personally, I would pay more for a place without a greenhouse. Because that is one of my hobbies and I can’t speak to anybody else’s opinion or to what a professional would would feel.

00:48:19,870	And I I really think it comes down to a matter of opinion of a person who’s going to be purchasing a property? I don’t think it Again. This is an opinion so maybe I’ll just stop there. I. Don’t wanna say anything else about it? Because I’m trying to Talk about facts rather than opinions. Is there. Anybody can have an opinion. That’s really what it what it is, you know. Other than that.

00:48:38,600	That’s All I have to say about it. Is anybody have any questions for me? Commissioners. Questions for corey. Mr Zan, Uh, corey? Will you plan to have like electric heaters or something in there to extend the Freeze date that we have or once it’s got a, uh We got first free.

00:49:01,030	You’re not gonna pull up your plants or something. Or ho! How do you plan to keep it warm or beyond the We are the cold time. The sun That’s all So. Then just just the sun, the only electric that I would ever have. I wouldn’t have fans or anything.

00:49:17,600	The only electric I would have in there is those heat pads you put on your starter plants so I might run an extension cord out there and do that on the table it just at the beginning of the year. Like.

00:49:32,270	I would maybe even start it, You know, like like this month or next month if I had it there right now, But beyond that there would be no electric in there. And you would just use well. Water. I assume you got? Yeah, I have, uh, I have a sand point. Well that I installed in so this greenhouse would be.

00:49:50,700	I mean that’s probably about like 6 ft from my house, so this would be about 4 ft, or a little more beyond that sand point because it’s right in that garden area where this greenhouse is planned on And. That’s what I would use for the for the water, and that’s what I use to fill up that pond when there’s no rain, too, so OK? Thank you. Thank you Comm.

00:50:08,330	and commissioners. Any additional questions for corey? I’m not seeing or hearing any cory. Thank you. Yeah. With that this is a public hearing. So if there are others that would care to step to the podium and address this agenda item. You are welcome. Mm. Good Evening Comm.. My Name’s Travis Jensen. Um So I reside.

00:50:46,900	There’s a lot between me and Jim’s place. So. I am to be two lots. Between me and Corey’s place in the West. Um, I think it’s a great idea. He wants the greenhouse. I think the the goal behind it. I support um My main concern is the water.

00:51:05,630	You know we’re taking a lot that is under an acre. I know this is a This is a city meeting. As you know, we fall in the ETA. So we don’t have, you know, Storm sewer water mitigation like you guys do in town.

00:51:21,370	Um, I actually tried to get the ditch redone before we developed a lot of olive tree because the ditch does not flow to the river. We have some water issues. Um, Corey’s neighbor to the east. I’ve seen that yard almost completely underwater just from fall runoff. Um, that’s a natural drainage If, you look at topography. You know that stuff all kind of runs through an old Creek channel.

00:51:42,230	Um, the West side of my property is kind of a collection point after the 2011 flood, I ended up actually raising up my tree row because You couldn’t get trees not to flood in that corner.

00:51:57,930	So I ended up hauling my F for my dike over to that corner, But naturally, you would look at the maps and you would think that ditch would run towards the river. It does not my Whether we have a torrential rain winter? We. Have a quick uh You know filed. My main concern is is water runoff. And where you know, we we keep putting roofs on. Where does that water go, He said himself. He raised his property up 2 to 3 ft.

00:52:23,400	Um, we actually have a lot that is not developed between my place and Jim’s. And if you look at it, uh, my concern is they haul two or 3 ft of dirt in where does that water run? I was one of the first houses. Um, in that area. I can’t just come in and raise all my stuff up.

00:52:41,600	You know I’m on the only houses with a basement. Um, that was before some of the regulations changed. I’ve been down there for almost 13 years. I have concerns on water in my basement. You know? Well? My. Some keep up as we start changing around my property. How.

00:53:00,270	How is that gonna affect my situation? So, like I said the water I would ask you guys to rook at the topography, maps and and see what that water Could possibly do. Because so as symbols a greenhouse could Could affect where that water goes. But. Other concern is as many of you know, Live in North Dakota.

00:53:18,500	Is the plastic gonna come off every fall in a timely manner. There’s times when it’s 60 degrees out. And the following day, we could have a blizzard moving in. That’s that’s just how North Dakota works. So. I question if the plastic will come off every year, I, I think he will try his best to get it off II.

00:53:34,200	I, trust him with that, but As. We know you can try your darndest and Sometimes fall chores don’t always get done before the first snow comes So. Like. I said. My. Main concern is the water. Anybody have questions, comments? Commissioners. Questions for Travis. I’m not seeing any Travis during the summer.

00:53:57,830	How often do you have a water issue out there? It really depends. I mean, What you You know what year What you know, is a drought year. We don’t have hardly any water run off. Um, a couple of years ago we had, you know, a fairly wet, wet year. That corner of my property can be wet for several days.

00:54:15,000	Now it runs away from the house, which is great. But. Like I said. We do have an undeveloped lot. That. If you guys look at it. It does have a channel that runs through the middle of it, So. It’s been a tough lot to build on. My concern is in order to build on that lot.

00:54:29,870	You almost have to level it out. What. Is that gonna now do to gyms, residents? What’s that gonna do to my residents. Because now Jim is gonna be sitting in the valley. I’m gonna be sitting to the West.

00:54:48,130	Uh, my septic does run along it does favor the east side of my property, so that undeveloped property it would be Um, towards that side, and I have had my septic freeze in the winter. I can tell you. It’s not It’s not a very enjoyable winter when you don’t have a functioning septic. So. Like I said I would ask you guys think outside of the city. We. We don’t have storm sewer runoff plans out there.

00:55:08,830	The Water has to go somewhere. If the people before who had done their job and we redid that ditch before we built houses. We wouldn’t be having this conversation. Travis. Thank you for your time. Thank you very much. The podium is open for others that would care to address this agenda.

00:55:31,830	And I’m not seeing or hearing any so with that I’m going to close the public meeting. Uh, commissioners, um This is a request for a special use permit for an accessory building staff recommendation is to approve what are your wishes? I moved to approve the special use permit as presented. We have a motion from Comm. Schmidt.

00:56:02,470	So, a second from Comm. Johnson. With that do we have any additional discussion Commissioners? Comm. Shell. If. I could try to at least address the storm water concern or or part of it, the olive pull up the plat here, The olive, Uh Tree subdivision was planted in in the early two thousands, and that would have likely

00:56:23,670	predating our at least our city ordinance. Uh, that would have required, you know, stormwater master plans and management plans as I couldn’t find one for this particular subdivision.

00:56:42,830	But in in a typical fashion as land is platted we take into account the Likely uses that will take place on on a residential, rural residential area and and including accessory buildings, including those those sort of, uh Additional structures and try to make a plan of where that water is supposed to go so that you know the ditches grade normally and and there’s a plan for that water so that in the event that someone wants to build their house or build their their shop or build both

00:56:57,430	their house and their shop and maybe their greenhouse, uh, it doesn’t have any undue effect or ill effect on any other person downstream from them, so I can’t speak specifically to this one because it was it’s over 20 years old here, um, but in in our typical fashion, we would work with the county

00:57:13,170	Highway department in these E ETA ones in particular. And issue a joint approval on those conditional storm water approval. As, part of the planning action to have a plan for that storm. Water is supposed to go. Just as a Just a note here. Thank you? Thank you Comm. shell, Uh, with that, And, I’m remiss. Uh, Isaac.

00:57:32,500	Did You have any additional comments you wanted to make before we move forward? Uh, chair Schwartz and and commissioners. No additional comments related to the product specifically, But. I do want to address uh, one point that I believe, uh James Martel brought up about our notification letters. Um, for what it is worth.

00:57:49,570	You are not the only one who, uh, has brought to our attention that some of the information in the letter appeared, Uh, unclear or vague. Um so We are looking at how we can improve that for future processes and notification.

00:58:08,870	It is, of course, never our intent to send out unclear information, but sometimes we are not aware that something could be unclear unless it’s brought to our attention. So we certainly thank you for bringing it to our attention. And, you know for anyone, whether it’s for something like this or a different project. We certainly encourage the public to reach out to us. If.

00:58:25,830	Anything does appear unclear or if or even if they just want additional information about something, so I just Add that, but no additional comments about the project itself. Thank you, Isaac. With this Comm. bedner. Thank you, Mr Chair. Um, I’m not opposed to, um, approving this. I. Just have a question. Um Mainly for the city engineer.

00:58:51,430	Um If this or or some other project in that vicinity causes a water problem in the future. What. Would your plans be to address that. Thank you. And Comm., Mr bitner, I. Guess when if there’s a storm water concern in the the city.

00:59:13,430	Obviously those those are areas that come to our attention if there’s a storm water concern in the ETA, uh, those might come to our attention, but ultimately, if it is a a drainage issue between neighbors, we try to have those neighbors work work out those solutions themselves. Um, even if it’s in the city.

00:59:31,070	Rarely do we go in? And? Um, uh, Enforce any, uh, restrictions or or require someone to put their down spout in a different location? We ask those those neighbors to work most of those things out themselves if it’s a floodway or a flood, plain violation that they’ve, you know, put Phil into areas where it’s impacting our our flood ways. That’s a different kind of story. We would take enforcement action there, but generally a neighbor to neighbor sort of dispute. We.

00:59:46,470	We try to encourage them to work those out or use the recourses that they have available without government interference. I guess doing that on their behalf. So.

01:00:07,770	There’s not a plan, right? I is Chris Bittner in the sense that if someone built a house in it and filled in a swale and had some additional runoff that got into someone else’s backyard, we as the city of Bismarck would not address that particular situation, though. I. I was aware of that. That’s why I asked. Thank you I’m I’m not opposed to this, though. Thank you Comm. Bittner. Thank you for Comm. shell for your comments, Um, with that Comm. any additional discussion? And.

01:00:27,530	I’m not seeing her Comm. field. You know, it seems like the only beef anybody has is how much water that could Surge and get to the neighbor. So Have you thought of catching your rainwater and using it in your greenhouse? Cause. Then. Everybody would be happy and we could all go home.

01:00:51,700	Please, Uh, Corey, Why. Don’t you step up to the podium, please. Actually have 1234 Oh those those CBS those 250 gallon water containers that I that I washed all very carefully and I am planning on using those on my shop and and Using my down spouse to collect rainwater there and I bought all kinds of different attachments to attach

01:01:21,600	hoses to it last year, So I’ve got four of them ready to go. So that I can run that out from the shop anyway. To The the garden because I have two gardens, one in the very backyard one closer to the house and one closer to the house is where the greenhouse would be.

01:01:40,170	Well, I don’t know how you put gutters on a plastic roof Greenhouse. So that you know there is a problem right there, But. I do have the way that I shape the yard Every, So. I have a septic field running down the middle of of my yard, going north and south in the back.

01:02:00,530	The Greenhouse would be on the East Side and Jim’s House and Travis’ house is on the west. So any of this water that runs off that roof is gonna run towards my other neighbor’s yard, but it falls into this pond. Before that because that is the lowest part. Everything kind of goes down towards that pond.

01:02:21,770	I mean? I don’t know That’s that’s equivalent to probably 100 of those, you know what I mean? Those water those containers so I don’t know what else I could do. I could dig the hole deeper, but I already put £ 45,000 of clay that I compacted down to you know what I mean inside there, so I have a huge area to catch that water.

01:02:39,730	And. It doesn’t run towards the the other direction where those neighbors live, and I did talk to my neighbor who isn’t here. Um Anyway the the one who lives on that side, who has a septic field over there, and this pond is The closest thing to a septic feel, and I talked to

01:02:59,270	him before I built that pond. And, if anything that’s gonna help keep the water from Saturating the ground around a septic field. And. Not only that his house Is higher. Than where the The ground where the greenhouse is, so it’s gonna keep falling gravity to the lowest point, which is the pond. Anything else. Mr. Chair.

01:03:27,670	Yes, Comm. Bettner. Thank you, Mr Chair. Um, I think the idea of of the water draining towards the pond is is pretty decent. I think if I was a neighbor there, I would probably be concerned if you started setting these totes around the around the building and and the way that would start to look in the

01:03:45,170	neighborhood, and I’d try to encourage you to consider Um, the effect that would have on your neighbors. Thank you. No. But I. I Note what you’re saying, and I’ve thought about that and I have some ideas on how I could dress those up so they are more presentable, and they don’t look like such an

01:04:05,370	eyesore. For people who feel that way. Um so there there are plans in place, And if someone does have a concern that it that it, it’s they, You know it’s unsightly. They don’t wanna look at that. You know I’m one of those people that serves a function.

01:04:25,100	I’m happy but I understand that I not everybody feels the same way I do so I mean my my building is pole barn steel siding so I could get that same sighting and build a box around these so that it blends in with the buildings that they’re next to Or just correct the direct the runoff into the gardens and my

01:04:47,600	my down spouts are pretty much except for one that faces Jim’s Yard, which there is a Well, there’s gonna be a tree roll right there. That’ll catch all this water. The. Rest of them go into gardens. So I mean, I. Don’t know.

01:05:06,770	I think that they I’ve got a lot of top soil and below that is sand, so I don’t know anything else, I’d be a better sponge and better drainage for that water from the downspouts and coming off the greenhouse, then the type of soil that I have in those areas where that water is gonna be when it lands on the ground. Mr Chair? Yes Comm., Ben.

01:05:27,200	Yeah, I did I didn’t mean that to sound like you know, we got a water problem. I was I was just asking that you be considered of the neighbors. If. You move forward with something that starts to Sit around out in the yard. That’s all. Thank you. Thank you Comm. Bittner. Corey. Thank you for your comments.

01:05:45,730	With that we have a motion and a second on the table to approve the special use permit commissioners. We’ll go ahead and call roll. Sarah, Please call roll. Yes. Comm. field. You. Yes. Comm. Larson. Yes, Comm. Shell. Comm. is that? Yes, Comm. Bittner. Yes. Comm. Johnson. Comm. loins and chair shorts.

01:06:20,230	Yes, motion is approved with that. We move on to item nine. In. Our Agenda, which is home occupations, and this is a request to continue. This agenda item. For another month, But I think J. Daniel is gonna give us just a slight Briefing. If you will. That’s right. Uh, good evening chair schwartz commissioners. That is correct.

01:06:46,630	This is a recommendation to continue this hearing for another month. Um, I’ll give you an update of where we are in a little recap of what this is about, Uh, I’ll remind you as well that this public hearing is open. Still.

01:07:01,100	You did receive a comment that was forwarded to you this morning that we received earlier this morning. Uh and there may be other comments in April that you’ll you’ll get when we come back to you, Then a little bit of a reminder. Um, as you know, this relates to the use of Properties for commercial businesses. Uh, it is currently allowed in our ordinance. However.

01:07:19,270	I think we all recognize that our current ordinance is too restrictive for what we want, And so the intent is to provide a little more flexibility for businesses to operate in these residential properties. Uh, in January.

01:07:39,430	We learned that we don’t think we went far enough in rural residential areas that perhaps the ordinance separates presented was acceptable for urban areas, but there was more work to do to even allow more. Activity in rural areas, so We did convene a stakeholder group. We’ve met three times in the last month. Uh, all residents of, uh, our our zoning districts. Uh, some oak they operating businesses, some with some issues with businesses and their properties. We really wanted to hear from both sides.

01:08:00,330	Uh, I think it’s been a very good discussion. We’ve really gotten into the details of the ordinance. Um, and we’ve made some changes. I don’t have anything to share with you yet. This evening. However. We will for April. Couple of things that were brought to our attention. Uh, For example. The.

01:08:20,100	The opening introductions of the zoning ordinances do include fairly strong language about prohibiting all commercial uses in residential areas. So we know that those will probably have to change too. Um, so we have some language that we will be kind of field testing with the stakeholders and we’ll bring to you in April as well. So.

01:08:37,670	We also have been working with the Bismarck Manda and Home Builder Association. We did meet with them, Uh, they have some questions about model homes, uh, the use of certain homes within developing neighborhoods to show off the housing. Uh and we’ve added a component relating to model homes into this, They’re not really home occupations.

01:08:56,400	It’s a little bit different, but we feel like it’s an appropriate place to to include this to give some assurance that that practices would be allowed. So. Those are all things we are working on, and unfortunately, we’re not quite ready yet, so we plan to come back in April with a further draft to share. Thank you, Daniel.

01:09:15,630	With that commissioner’s request is to continue this agenda item. This public hearing motion to Continue I have a motion to continue from Comm. Bittner. I have a second from Comm. zent any discussion? I’m not hearing any Sarah. Please call roll. Comm. Bittner. Yes, Comm. field. Yes Comm. Johnson Comm. Larson Comm. Lukins Comm. Shall. Yes Comm. schmitz. Yes Comm..

01:09:47,270	Yes and sure. Schwartz Yes. The motion is approved with that we’re on to other business this evening and item number 10 is an update on agri tourism, Private riding Stables Ordinance, and I believe Jenny is going to provide us with a staff report on this this evening.

01:10:13,200	Thank you, Mr Chair commissioners, Um Community Development Department staff are working on a zoning ordinance Text amendment to allow agricultural recreation uses and private writing arenas and a agricultural zoning district based on certain criteria.

01:10:34,030	Um, you consider this amendment at your meeting on February 28th and called for a public hearing recently, staff from both the City and Accounting Planning department have met with folks from the Convention and Visitors Bureau as well as the tourism division of the Department of Commerce. Excuse me.

01:10:58,100	Those folks requested revisions we made to our draft ordinance to alleviate some barriers and to allow for additional agritourism opportunities Staff is working to incorporate those changes and create a tiered system that would allow for agriculture recreation uses at our farm focused to not and don’t include that commercial recreation component.

01:11:18,830	I’m so sorry I’m sick and those event type uses to be permitted by right without the requirement of a board approval or Use permit and then that second tier of agricultural recreation combines those, Um, commercial recreation uses the event type spaces, the wedding venues, the corporate events, things like that, Um, those would still need to meet to meet criteria and get approval of this board for a special use permit.

01:11:35,370	Um, we’ve got a couple stakeholder meetings scheduled for the next couple of weeks to go over any proposed changes, and we’re hoping to have this back at you next month during our April meeting. Do you have questions? Commissioner’s questions. Virginia, you know. I’m not hearing or seeing any Jane. Oh. I’m Sorry Comm. field. I didn’t see your hand go up so Where do they want to build this riding stables? OK, this. That’s a good question, and I should know it. Thank you, Mr Field.

01:11:58,000	We’re not proposing to change anything in the draft language for the private writing stables. Um, those would be permitted for properties that are zoned agriculture and have 40 acres and outside of our urban service area, so they’d be well beyond the the city limits well into the ETA have to have at least 40 acres.

01:12:17,100	So But what do you have to have to be a farm? I think it’s four acres. So. There’s is it 10. A farm is defined as 10 acres and our agricultural, um, recreation uses.

01:12:37,530	We recognize that we would like We need to have 40 acres, Um, in order to do some of those agricultural recreation uses specifically, the event uses. OK, thank you. Thank you Comm. fields. Sorry about that. Additional questions for Jenny. Thank you. Thank you, Jenny. With that, uh, is there any other business for the good of the commission this evening? Chair Schwartz, if I may, uh, daniel, just an update.

01:13:01,830	You may have noticed that, uh, the item that was continued from the previous meeting on Municipal fourth edition, The Planning and Development Amendment was not on this agenda. Uh, just to let you know that was withdrawn by the applicant, So that’s why we did not continue it to this meeting, so I just wanted to provide a little bit of closure for you on that item. Thank you, Daniel.

01:13:16,100	I appreciate that. All right with, uh, with that Comm. and staff. Thank you for your time this evening and, uh, our next meeting is for Schedule for April 24th and that all the