00:00:10,200	Thank you for being so patient with us this evening. We, uh, had a little bit of, uh, technical issues and now I think we’ve got everybody online that needs to be. So I’d like to welcome you all.

00:00:27,300	It is uh, today is November 20th, and, uh, Wednesday, November 20th, and I would like to welcome you all to this meeting of the Bismarck Planning and Zoning Commission. And with that, I’m gonna call the meeting to order. Ben, would you please call roll? Yes, true, uh, Comm Bittner. Here. Field Johnson, Larsson. He. Lukins. Shell here. Schmitz, uh, CA. Won and Zen And Schers Schwartz. Here we’ve got a quorum. Very good. Thank you.

00:01:02,030	With that, we’re gonna move on to our first item of business this evening, and that is for the consideration of approval of the minutes for both our September and October meetings. So at that Comm, what are your wishes? Moved to approve. We have a motion to approve from Comm Lukins, uh, 2 from Comm Johnson.

00:01:29,830	Any discussion? And I’m not seeing or hearing any. Ben, would you please call roll? Yes, true. Comm Larson. Yeah. Lukins, yes. Shell? Yes. Schmittz? Yes. Bittner Yes Uh, Air Schwartz. Yes. The motion is approved with that, we’ll move on to our Johnson Cole, I crossed your name out. Thanks for reminding me.

00:01:58,670	How do you, how do you vote on that one? Johnson. Thank you. Thank you, Comm Johnson. With that, we’ll move on to our consent agenda this evening, and we have a number of items on there that um We’ll, um, Take a look or That are available for approval, um.

00:02:24,230	Ashley, uh, staff is recommending a call for public hearing on all items. I’d like to start out by saying we’re going to pull item number E, which is Stein’s 4th edition for some additional, uh, uh, discussion after we, uh, Decide what we’re going to do with the consent agenda.

00:02:47,170	So we’ve got the KLALA subdivision and that is a uh call for public hearing, uh, Boulder Ridge first edition, part of lot 27, block 1. It’s a zoning map amendment. Staffer recommends a call for public hearing. We have item number C, which is Northern Pacific Edition, part of Lot 3, block 4, and it is a zoning map amendment and again staff is recommending a call. For public hearing.

00:03:10,700	Item number D is Paradise Point subdivision. And it is a request for a preliminary plant, a zoning map and the zoning map amendment staff is recommending a call for public hearing and item number 5, which is South Meadows 2nd edition, and Burleigh Avenue Edition and it is a zoning map amendment request and again staff is recommending a call for public

00:03:36,430	hearing. So right now we’re pulling out item E for a number of additional discussion. Commissioners, what are your wishes on the remaining items? Move to approve for the call for a public hearing on all items except for F at this point in time. Actually, thank you, I’m sorry. Thank you, Comm Schmitz.

00:03:59,230	We have a motion and a second from Comm Bitner. With that, any discussion, commissioners? I’m not hearing any, so Ben, would you please call roll? Comm Johnson. Yes. Uh, Larsson Yeah. Lukins. Yes. Shell. Yes. Schmitz? Yes. Bittner. Yes. And Ser Schwartz. Yes. Motion is approved.

00:04:28,600	With that, I believe Daniel is going to provide us some additional information on item number E, which is Stein’s 4th edition. Thank you, Joe Schwartz by the Commission offer the opportunity to give a little bit of background on this item, uh, so we typically receive signed applications from all property owners within a zoning district, uh, before a zoning map amendment moves forward, uh, however, the ordinance does grant you and the city

00:04:46,870	commission the ability to initiate zoning ordinance map amendments, uh, and we have done that in, in certain occasions, and this is one that you may consider doing so for. Uh, this is a an area, uh, that’s, uh, is being proposed for a rezoning. There’s 20 separate lots that are owned by 9 separate property owners.

00:05:06,000	Uh, we did receive petitions from 7 of those 9 property owners to amend these orders to go from R5 to our 10. Uh, we did not receive signed applications from the other two, and so if you would wish to, you could, uh, initiate on behalf of those other two that would account

00:05:23,030	for a lot 6 and lot 11, block 25, Stein’s 4th edition. Uh, now, to be clear, uh, the action today would just be. to call for the hearing. All property owners have been notified that this application was submitted, um, and all property owners would be notified again of the hearing, um, about to occur.

00:05:41,730	So this would be simply to move this project forward, uh, staff, staff’s recommendation is to do so only because we have a plurality of the property owners wantingness and and it would be an opportunity to have this hearing in and hear all the pros and cons for from everybody.

00:05:58,570	Uh, so that would be a request, but I can answer any questions you would have. Commissioners, any questions for Daniel, Mr. Chair? Yes, Comm Berner. Yeah, I was just curious, um, um, he mentioned property owners. Is there any um um amount of property that. is involved, you know, sometimes we have A certain number of owners that have more property than others.

00:06:22,400	Just curious. Sure, thank you, Comm Bitner. Uh, in this case, all of them are urban residential lots in the in the range of 10,000 square feet, 800 to 10,000 square feet. So, uh, 18 of those 20 lots are accounted for in signed applications. Uh, it’s 2 of those 20 that are are not. Thank you.

00:06:47,570	Thank you, Comm Bittner. Additional questions for Daniel. Daniel, the two properties that were I’m gathering they just did not respond at all one way or the other. So staff have not had communications with either, so we did the letter that we sent out gave our contact information, my contact information, and said, please reach out if you have questions

00:07:08,930	or comments. So I, I have not had personal conversations with either of these property owners. We did, there wasn’t a person among the neighbors who were organized, who was organizing this and who did reach out, uh, and I believe one of the property owners she described as neutral and just hadn’t been able to sign, uh, another

00:07:28,500	property owner may have had some concerns on. I’m told, and I don’t know what those are. OK, very good. Thank you. Again, I’ll ask any other questions for Daniel? I’m not seeing or hearing any Daniel. Thank you. Thank you.

00:07:48,430	The recommendation from staff is to call for a public hearing on this, uh, Agenda item Commissioners, what are your wishes? A motion to call for a public hearing. OK, we have, uh, a motion to call for a public hearing. Do I hear a second? Second. We have a second from Comm Lukins motion was from Comm Johnson. With that, Comm, any other discussion. If not Ben, please call roll. Uh, Chair Schmittz.

00:08:16,800	Yes. Larsson. Yes. Leukins? Yes. Chill. Yes. Bittner Yes. Johnson. Yes. And Schwartz. Yes, a motion is approved. With that, we’ll move on to our regular agenda this evening and the first item on our regular agenda is a, uh, is Washington Square Edition lot one, and 3 and uh block 1 and it’s request

00:08:43,830	for a zoning map amendment and uh Lauren is going to give a staff report this evening. Uh, good evening, Chair Schwartz and Commissioners. First international Bank and Trust and aligned Properties LLC are requesting approval of a zoning map amendment from the RT residential zoning district to the conditional CG commercial zoning District on lots 1 and 3,

00:09:07,830	block 1, Washington Square Edition. The parcel is located in north central Bismarck, north of Interstate 94 and west of State Street in the southwest quadrant of the intersection of North Washington Street and Ashculley Drive.

00:09:30,900	Adjacent land uses include undeveloped land to the north across Ashculley Drive, Town homes and single family residences to the West, a church and multi-family residences to the east across North Washington Street and a restaurant church and additional undeveloped land to the south. The property has been identified as community mixed use in the future land use plan. The, these areas are places of commerce, employment, and residence for the, uh, Bismarck community.

00:09:53,830	The owner of lot 3 is proposing to develop the property to include office and commercial uses include the, including an orthodontic office and potentially a coffee shop with a driver, a special use permit for the drive-through coffee shop would be required for that specific use. The public has been duly notified of this request.

00:10:13,500	A notice was published in the Bismarck Tribune on November 8th and 15th and 40 letters were mailed to the owners of nearby properties on November 8th. To my knowledge, staff has received a comments regarding this request. This request was a evaluated according to the standards contained in the comprehensive plan, Bismarck Code of Ordinances and relevant state law.

00:10:37,030	The proposed zoning map amendment is within the area’s designated as community mixed use in the future land use plan and the proposed zoning district would generally conform to the character of that district. Certain conditions will be applied to the proposed zoning district so that this area will be compatible with adjacent land uses.

00:10:57,370	Um, the proposed zoning district would be similar to the conditional CG commercial zoning district, um, which is directly adjacent to the south on lot 2. this amendment would allow various lower intensity commercial uses, uh, including retail service, office, and medical uses, although it would allow some higher intensity commercial uses like a drive-through coffee shop, um, as a special use, it would restrict some more of those intensive uses, including, um,

00:11:21,370	retail. Group B, uh service group B, wholesale trade and distribution and hotel motel. Additionally, certain development standards applied to the proposed zoning, um, including landscaping, lighting, building height and signs would alleviate the potential incompatibilities, um, between adjacent land uses.

00:11:47,430	Uh, with these conditions and restrictions development that may be anticipated from the proposal would have no negative impact on the surrounding properties. The current zoning district of RT Residential was established in February 2019 and conditions have changed since this time. Properties to the north across Ash Cooley Drive recently changed from the RT residential and CA commercial zoning districts to the CG commercial zoning District, um, in July of 2024.

00:12:12,030	As such, there’s the possibility that higher intensity commercial uses will be developed in the future in this area of Bismarck. As a result of all findings contained in the staff report, City of Bismarck staff find that the proposed amendment to the zoning ordinance, uh, would not adversely impact the public health safety in general welfare and is consistent with

00:12:31,700	the comprehensive plan, the smart code of ordinances and relevant state law. Their first staff recommends approval of Um, the, uh, Uh, zoning map amendment from the RT residential zoning District to the conditional CG commercial zoning districts on lot 1 and 3, block 1, Washington Square Edition.

00:12:55,800	Do you have any questions for me at this time, Comm, questions for Lauren. I’m not seeing or hearing any Lan. Thank you. Thank you. With that, I’ll open the podium. This is a public hearing, and I will open the podium for The owner or a representative, and I see Landon is going to step up. Thank you, Chair Schwartz.

00:13:19,370	Yes, Lanna Neeller with Schwarzeneggen Engineering, uh, representing the applicants here, just a couple of things to add to what Lauren had already mentioned, uh, when we’re looking at a property like this, we’re looking at a place where they’re effectively at the intersection of two arterial roads, so we anticipate this kind of area to be sort of commercially driven, um, but of course it is,

00:13:32,670	there’s some housing to the West of here, so we also would expect there to be some additional restrictions in there, uh, staff is basically, uh, we effectively copied the existing restrictive. CG zoning that is in the area, so we anticipate that there won’t be an issue there.

00:13:48,700	There will be additional landscaping depending on what, what type of use goes in here, so there will be some, some difference between this area and the, the housing to the West, but I can certainly try to answer any questions if you have them. Commissioner’s questions for Lanon. Lannin, I’m not saying or hearing any. Thank you.

00:14:08,300	With that, the uh podium is open for others that would care to address this agenda item. And I’m not seeing or hearing anybody jumping up to uh step to the podium. So with that, I’m going to close the public hearing on this agenda item. Lauren, do you have any additional comments? No additional comments at this time, Sherry. Thank you. All right. Thank you.

00:14:29,170	Commissioners with that, this is a request for a zoning map amendment and staff recommendation is to approve what are your wishes. I’ll move to approve. That was a, uh. Motion to approve from Comm Larson. Do I hear a second? Second, 2nd from Comm Bittner. Without any additional discussion. And I’m not seeing or hearing any. Ben, would you please call roll? Sure, sure.

00:14:54,870	Comm Johnson. Yes. Schmittz? Yes. Orson. Yeah. Lukins? Yes. Schell? Yes. Bitter? Yes. Anders Schwartz. Yes, the motion is approved. With that, we’re going to move on to item B in our regular agenda, which is the Kilber and I’m gonna recuse myself for this agenda item. Thank you, Comm Schmitz.

00:15:23,100	Is agenda item B is the Kilburn North edition first replant Lot one and 2, block 1, and it is Chair. Yes, Comm Bittner. Did we just lose our quorum? I believe that we can still proceed when, uh, with Comm Smi Schmidt stepping away from the table is that True, Ben, uh, chair, that, that is correct.

00:15:48,300	Once a quorum is established at the outset of the meeting, uh, if that quorum is no longer uh Available, the action can still be taken on the item as long as the quorum is established at the beginning of the meeting. Thank you, Ben. Good, good question, Comm Bittner. Thank you. You’re welcome. Thanks.

00:16:09,630	So with the, with that, Isaac is going to provide us with staff report. Yes, thank you, Chair Schwartz and Commissioners. Our second regular agenda item today comes to us from the Ridge LLC who are requesting approval of a zoning map amendment from the conditional CA commercial to a regular CA commercial, in other words, one without any conditions.

00:16:30,430	As you can see on the screens before you and in the packets, this project is located in North Bismarck. North Washington Street in Normandy Street along the south side of 43rd Avenue Northeast.

00:16:56,730	The current conditional CA commercial district contains a condition that would restrict certain retail and service uses to a size of 2500 square feet per tenant space in a in a structure, the structure could have, you know, numerous tenant spaces, but each individual one would be limited to that 2500 square feet in area.

00:17:20,030	So the proposed regular CA commercial district would remove that size limiting factor to allow increased flexibility in commercial tenant spaces within the existing building, but it would not permit any new or different retail or service uses that were not already permitted to be done in that existing conditional district, uh, just to be clear on that. I’ll provide a little additional background information. Some of you may know this.

00:17:43,100	Already, um, but just for everyone to be on the same page, so the applicant for this particular project originally requested a zoning map amendment to ACA commercial district in the first half of 2022 from the then existing RT residential district, which was established in 2014.

00:18:09,630	At that time, staff recommended denial of the zoning change due to some inconsistencies with V current plans and the possibility Of some negative impacts to the surrounding area as a result of potential development. The planning and zoning Commission uh denied that request at their meeting on June 22, 2022, and an appeal to the city commission was denied on July 12, 2022 as well. Following some additional discussions, uh, following those meetings.

00:18:34,830	The applicant and city staff between the applicant and city staff, the applicant then requested a conditional. see a commercial district with the aforementioned conditions to address previous staff concerns and the potential negative impacts to the area, um, and staff then recommended approval of that conditional district and it received final approval from the City Commission in February of 2023.

00:18:59,470	So the property owner believes that conditions have changed since that time, such that the removal of the conditions would facilitate further commercial development and staff has now viewed that new request through the lens of the comprehensive plan 202045, which was in the process of being approved uh back when the original application was first applied for, but it had not been fully approved yet at that time.

00:19:23,500	So again, we’re just looking at it through that new lens now. So the property. I owned uh conditional CA as has been said and the surrounding area is a variety of, uh, office uses, multi-family residential, a nursing home, as you get a little further beyond that, there is some single and two family residential and then to

00:19:45,830	the north, northwest, you can see some undeveloped land there. That is also currently zoned CA commercial without any conditions. And, uh, but of course that is across 43rd Avenue Northeast.

00:20:11,970	So the area is identified as Nehood mixed use in the future land use plan and these areas are described as social and commercial gathering spaces for the immediate surrounding residential areas. The public was notified of this request via publications in the Bismarck Tribune on November 8th and 15th and 23 letters were mailed to nearby property owners on November 8th as well.

00:20:33,370	Uh, to my knowledge, staff has received, uh, one inquiry for additional information on this request, but, um, we have not received any formal public comments regarding this request prior to this meeting, again, to the best of my knowledge as a cumulative result of all the findings in the staff reports uh before you, City of Bismarck staff find that the proposed zoning map amendment would not adversely impact public health, safety, and general welfare and

00:20:54,370	is consistent with the current. Comprehensive plan, Bismarck Code of ordinances and relevant state law. Therefore, staff recommends approval of the zoning map amendment from the conditional CA Commercial district to the CA commercial District without any conditions for Kilburn North Edition First Replatt Lots 1 and 2, block 1.

00:21:17,270	Does the Commission have any questions for me at this time. Commissioner’s questions for Isaac. Comm Schell, Uh, Isaac, what were the other conditions, if any, on the, on the, I guess the current.

00:21:41,770	Sure, I, I thank you for reminding me, uh, Comm Schell, Cha Schwartz and Commissioners, there was one other condition that stipulated no drive-throughs of any kind, that would also be proposed to go away in a regular CA commercial district, the only drive-through that would be permitted via a special use permit is for a bank. So there would still be no uh restaurants or coffee shops or things like that with a drive-through in this district.

00:22:01,200	The only new possibility would be a through bank. Thank you. Thank you, Comm Schell. Comm, additional questions for Isaac. I’m not seeing or hearing any Isaac. Thank you.

00:22:26,600	This is a public hearing, so with that, I’m going to open the public hearing is either the requester or representative here to speak to this agenda item and if, sir, would you put your name on the log there, please. Thank you. Thank you, Chair Schwartz, uh, Shortz Commissioners and Isaac, thanks for the update there.

00:22:46,800	So I don’t have too much to to add to to add to to add to can I ask you who you are? Oh, I’m sorry, I’m sorry, Dan Keith, representing the ridge and also DK orthodontics, which is the neighboring adjacent property, um, as I mentioned in in Staff report, we presented about a year and a half ago, um, in the transition from uh requesting from an RT to a conditional um CA based on adjacent properties.

00:23:08,030	Um, where it was located and essentially um as Landon mentioned in the previous, uh, applicants, um, application that the major thoroughfare of 43rd and essentially Washington, um, seemed like it was fitting of a CA request um in working with city staff last year, we came to the agreement as was mentioned about a conditional CA that that had the stipulations of a 2500 square

00:23:31,700	foot max, um, tend space as well as the. um, no drive-through unless it was a bank. Um, at the time, we were still under construction, so construction was just beginning.

00:23:50,830	In addition, that the Together 2045 plan was still being formulated, so the combination of those two, at least I surmised um that city staff was sort of asking for a proof of concept to ensure that what we were talking about building, which was a mixed use multi tenant um building actually came to fruition, um, rather than a 17,000 square foot single. tenant, um, larger conglomeration that could upset traffic flow and neighboring areas.

00:24:14,470	Um, since, since we went through um a year and a half ago, the facility or the retail complex has been built 17,000 square foot with 7 tenant spaces, currently 6 are leased, so there’s only one space remaining at this point, um, in time, but as a neighboring property owner as well, sharing a parking lot with this, um, I

00:24:33,200	too, even though I was the owner of both properties, um, had hesitation or was concerned about making sure traffic flow in and out for our patient base, um.

00:24:50,630	was undisturbed and at least to my knowledge, and from what’s being reported by city staff and from just being there, uh, all day, every day, maybe too much, um, there have not seen any um negative impacts of traffic flow into or out of Boulder Ridge right there.

00:25:10,570	And I think our, our request simply um in visiting with Daniel and his team with city staff was that um That if we were to allow certain tenant spaces at 22,500, you could essentially have the same tenant under a different LLC, uh, joining Next Door, um, and superseding the 2500 square foot max, um, without altering city staff concerns about traffic flow or things that might negatively impact the area.

00:25:33,470	So we felt that the slight transition to a full CA zoning, um, would not affect what was going on in the area and fell in line with Together 2045. And the neighborhood mixed use with the CA being adjacent across the street and adjacent to 43rd. Thank you. Any questions from Commissioners. Dan, thank you for the clarification. Yeah, Commissioners, uh, questions for Dan. I’m not hearing or seeing any. Thank you.

00:25:57,000	The podium is open for others that would care to address this agenda item. And I’m not, I’m not seeing or hearing anybody. So with that, I’m going to close the public hearing. Isaac, any additional comments? Not at this time, Chair. Thank you. Thank you. With that Commissioners, this is a request for a zoning map amendment.

00:26:17,830	Staff recommendation is to approve what are your wishes. Motion to approve. A motion to approve from Comm Johnson. A second from Comm Lukins. Any additional discussion? And without I’m not seeing or hearing any, so Ben, would you please call Roll? That’s true. Comm Johnson. Yes. Larson Yes. Bitner Yes Lukins. Yes. Shell? Yes. And Scher Schwartz. Yes, the motion is approved.

00:26:50,770	With that, we’ll move on to item number C in our regular agenda, which is the Huler Park edition. Lots 1 and 3, block 1, and Jenny is going to provide us with staff report this evening.

00:27:14,230	Thank you, Chair Schwartz, Commissioners, the Community Development Department is requesting approval of a zoning map amendment from the agricultural zoning District to the RR residential zoning district on lot one block one Hucle Park. This request is located northwest of Bismarck, west of River Road, in the southeast quadrant of the intersection of Sandy River Drive in Fernwood Drive and consists of 7.11 acres. You consider this request at your October 23rd meeting and called for a public hearing.

00:27:33,570	The property owners intend to apply for a rural residential lot split in the. future. The the zoning for this entire section. It’s a little bit of a history here was adopted by Hay Creek Township as rural residential in 1959 when Bismarck assumed the extraterritorial jurisdiction in 1978 portions of this section were, um, in agricultural use and rezoned to

00:27:55,900	agriculture and develop portions of the section were kept as rural residential. This property was not plotted or developed at the time and was therefore rezoned to agriculture. In 2000, Hooker Park was plotted for rural residential development. Re. show that during the plotting process and staff reports and staff analysis for the latte.

00:28:16,800	Staff noted the 1959 rural residential zoning and not the 1978 rezoned to agriculture for this particular lot. The plot was approved and building permits were issued for this property. However, our zoning map has been consistently and correctly identifying this area as agriculture, at least since it was digitized digitized in the 2000s.

00:28:38,030	However, from the time of plotting to digit digitization, we didn’t have that correct. Theod zoning map amendment is being initiated by staff to bring the property with an existing single family residence into conformance with our zoning ordinance. The public has been notified of this request.

00:28:55,700	A notice was published in the Tribune on November 8th and 15th and 50 letters were mailed to the owners of nearby properties on the 8th. We had an inquiry, well, just one, neither for or against, just trying to understand how the zoning happened in this particular area. To my knowledge, we have not received any formal written comments.

00:29:15,370	This request was evaluated according to standards contained within our comprehensive plan, Bismar Code of Ordinances and state law, and as as a result of all the findings contained in the staff report, staff find that the proposed zoning map amendment would not adversely impact the public health, safety and general welfare, and is consistent with the comprehensive plan, Bismarck Co of ordinances and state law.

00:29:33,130	Therefore, staff recommends approval of the zoning map amendment from the Agricultural zoning District to the rural residential zoning district for lot one, block one, Hooker Parked, as outlined in your draft. t in ance Do you have questions? Questions for Jenny. Comm Schell. Jenny, can you speak to what the triggering action of, of why we’re.

00:29:50,770	How this is brought to the attention of of staff in the first place. Thank you, Comm Shall Commissioners, um, the property owner, um, had called and asked about what we call a real residential lot split.

00:30:06,370	You’ve seen these in the past in order to do that, you have to have a real residentially zoned lot at the time we looked into it, we noticed kind of the chain of events in the course of action that happened from 1959 to 1978 to 2000 to now, so we’re making this change staff initiative to correct that. Thank you. Thank you, Comm Schell. Commissioner’s additional questions for Jennie. I’m not seeing or hearing any, Jenny. Thank you. This is a request for a public hearing.

00:30:27,270	So with that I’m going to open the public hearing is either the I should say owner request or there really wouldn’t be one in this particular case, I don’t think, uh, here to speak to, uh, this agenda item. So with that, the podium is open for others that would care to speak to this agenda item.

00:30:46,370	And I’m not seeing or hearing anybody. So with that, I’m going to close a public hearing, uh, Jenny, any additional comments? No, thank you. All right. Thank you. With that commissioners, this is a zoning map amendment request staff recommendation is to approve. What are your wishes? Move to approve as presented.

00:31:08,730	We have a motion to approve from Comm Schmitz. 2nd, 2 from uh Comm Lukins, I think you were first, but thank you, Comm Bittner with that, uh, is there any additional discussion? And I’m not seeing or hearing any. Ben, would you please call role? That’s true. Uh, Comm Johnson. Yes. Hitler. Yes. Lukins. Yes. Schill? Yes. Schmittz? Yes. Person. Yeah.

00:31:37,630	And Scher Schwartz. Yes, the motion is approved. With that, we move on to item D in our regular agenda, and this is in a realignment of future Rocky Road, and it’s a request for a major street plan amendment.

00:31:57,970	And Isaac is going to provide us with staff report, Good evening again, Chair Schwartz and Commissioners for this, uh, regular agenda item, the community Development department is requesting approval of a major street plan amendments approximately as shown on the screens before you, uh, tentatively being referred to as the realignment of future portions of Rocky Road.

00:32:19,830	It is located to the northeast of Bismarck, roughly between Fifty-seventh Avenue northeast to the south, 71st Avenue Northeast to the north and between Endicot. Drive on the western side and sixty-Sixth Street Northeast to the eastern side.

00:32:40,030	This plan amendment would shift the East West, uh, future collector roadway further to the north to, as you can see there, the dashed line shows the current alignment in the existing plan, and then the project area would be that proposed alignment. So this plan would shift that proposed east-west future collector Roadway further to the north to bypass some existing buildings and tree rows.

00:33:00,400	Uh, while maintaining the general connectivity of the Mater Street plant’s current form Um, another way of seeing that here uh shown on the screens with the existing conditions on the left and the proposed conditions on the right. The project appeared before the commission for a public hearing on September 25th of 2024 when it was formerly connected to the major subdivision final latt and zoning change request for Lansberger’s 2nd subdivision.

00:33:24,330	At that meeting, the commission requested that the Project be separated into a standalone project to better facilitate further conversations with nearby landowners following the discussions during that hearing. So, uh, a few notes before I get back to that topic, the proposed alignment area would be entirely through land that is currently zoned a agricultural and is in a generally undeveloped state but with some rural residential properties around as well, and

00:33:50,430	with the exception. of the northern portion of what is now soon to formally be called Landsburger’s 2nd Subdivision, uh, that, that would be rural residential as well, but that is not finalized quite yet, but that was approved by the respective commissions.

00:34:16,100	So, Aside from that particular spot, um, the area is identified generally in the future land use plan as either urban reserve midterm or uh urban reserve long term in the future land use plan and these areas are generally described as being potentially suitable for future urban development but are not projected to be annexed by the year 2045. So at some point in the distant future depending on development trends.

00:34:38,570	So back to uh the, the more precise topic of why this was split into a standalone project, but before this topic was separated into a standalone product, the public was notified of this request via publications in the Bismarck Tribune on September 13th and 20th and 53 letters were mailed to nearby property owners on

00:34:58,900	September 13th, but to better facilitate discussions and hear out any concerns that nearby property owners might have. It was again formally notified after it was separated into its stand-alone project. On Uh, via more publications in the Bismarck Tribune on November 8th and 15th and 53 letters were sent to nearby property owners on November 1st.

00:35:20,730	That is a week earlier than we would typically do in our notification process just to try, uh, make sure there was plenty of time for mail to reach everyone and hopefully overcome any difficulties with mail service, even though we don’t have necessarily direct control over that. Um, the letters sent out on November 1st contained additional information regarding the the.

00:35:41,870	major street plan and providing more details on what it does and what it does not do in addition to providing the standard staff contact information inviting any questions or concerns that property owners might have.

00:36:04,500	So in general, the plan is meant to serve as a long-range guiding document for some existing and future roadways in the Bismarck area, but it is um not intended to be a legally binding document in the same way that an ordinance for the or the county might be.

00:36:24,830	So it does not necessarily specify precise locations for future roads or address many critical details such as when any construction, if any, would take place, how it would be funded, things like that, but it’s meant to try say, given current conditions, it appears that if the city were to continue expanding in this direction, this could potentially be a suitable place for a more major road, but it does not take away any uh Direct control from landowners.

00:36:47,230	So in the between the previous hearing and today, staff have had some conversations with property owners via email, telephone and in person to provide additional information and answer any questions that they had to my knowledge, though, as of right now, well, up to this meeting, staff have not received any formal written comments regarding this request either as a result of those

00:37:08,670	discussions or from other nearby property owners whom we did not have conversations with, but as a cumulative result of the findings contained in the staff report, City of Bismarck staff find that the proposed Major street plan amendment would not adversely impact public health, safety and general welfare, and that it is generally consistent with the comprehensive plan Bismarck

00:37:31,030	Code of ordinances and relevant state law. Therefore, staff recommends approval of the Major street plan amendment in the previously described area to the northeast of Bismarck. Does the Commission have any questions for me at this time. Comm questions for Isaac.

00:37:53,570	I have one Comm Lukins, uh, did the proposed route change at all from when we reviewed it in September or not. Thank you, uh, Krier Lukins, uh, Comm, the proposed route did not change from the previous meeting that you saw at a public hearing to now, this route was, um, chosen after conversations between city staff, county staff, particularly Burleigh County Highway Department, as well as

00:38:14,830	some members of the Bismarck Manan NPO, but yes, in between those two meetings, it did not change. it Thank you, Comm Lukins. Comm, additional questions, Comm Johnson have conversations with a gentleman who expressed some concern with it going through his property. Thank you, uh, Comm Johnson.

00:38:39,430	Commissioners, there were, I believe, 2 individuals who spoke at the public hearing. We do not maintain comprehensive records of people’s personal contact information, so we, that was another reason why we sent out the letters a week ahead of time to try and make sure that everyone would get that information and one of the property owners did reach out to us then to discuss it

00:38:58,670	further. I don’t remember off the top of my head if it was the same person who expressed that particular concern. Or if it was the other one, but we did speak with one of the individuals who spoke at the previous meeting. OK. Thank you, Comm Johnson. Commissioners, additional questions for Isaac.

00:39:17,970	I’m not seeing or hearing any Isaac. Thank you. With that, this is a request for a public hearing, and so I will open the podium, open the public hearing, and open the podium for those who would care to speak to this agenda item. And if you would please add your name to the log. That would be wonderful.

00:39:39,630	Oh, Karen Bonnet. And uh we live up in the area of the, this proposed new road we live right off Rocky Road. There is a current road there with some in the public may not necessarily be aware of and the current owner of that. Projected a prospect perspective new Rocky Road. Worked tirelessly.

00:40:05,830	Trying to get something developed there, so he could open up from agriculture to uh um putting in lots like 2 acre lots because he didn’t want anything small. And make it like a city lot. And um he was denied that in every way, shape, and form. And at this point it’s still pasture.

00:40:31,030	And I hear nothing and wonder whether someone has looked into that, whether that will affect his pasture because they’re in is in existing Rocky Road, what is the need for that new Rocky Road, the existing Rocky Road would go exactly from straight west from 66 all the way to 57th or further to 43rd if necessary.

00:40:51,270	And uh, uh, I think that needs to be looked at. I don’t mind it going north as long as that owner has input on it, but I don’t like to see him. He’s, he’s no longer right there. His, his family lives at the house now, but um, Uh It concerns me a great deal because it feels like he’s being railroaded.

00:41:11,470	That’s, that’s from my own perspective, but that’s what it feels like because it seems like it’s from the top down rather than from the bottom up. And so how was that change? Proposed From the current rocky road to the uh perspective Rocky Road.

00:41:34,530	And that would be one question, would anybody have an answer for that? I think, uh, Isaac, would you care to address that? Sure, Schwartz, I can. Sheds perhaps a little bit of light on this. So there were discussions that took place between city staff, including community development staff, engineering staff, uh, Burleigh County Highway Department and the Bismarck Mandan MPO, and we looked at this particular area and acknowledged that the

00:41:57,430	current alignment of that road went through or proposed road was going through tree rows and nearer to build existing buildings then would be suitable for If any construction actually did take place, you know, technically a road could go anywhere with enough, you know, money and expertise to do so, but it would involve tearing out tree

00:42:22,130	rows that if there was a way to still maintain that general connectivity, but avoid doing um damage to existing, you know, conditions that we looked at different alternatives. We looked at shifting it further south. We looked at shifting it further north. I believe Burleigh County Highway.

00:42:42,300	um had some concerns that if it was shifted to the south, it would be too close to too close to have a potential future roadway close to 57th Avenue Northeast. I don’t want to speak too much for uh Burleigh County Highway, but just my own recollection of those conversations.

00:43:03,170	So that’s a broad overview of how this particular route was, um, chosen, wanting to have it be not too close to other, uh, either existing or future. possibly future major roadways while also still having um a minimal impact on existing features as well. And does the, the commission have approval from that property owner.

00:43:32,030	Or is this going to be forced? Comm Schell, if I can maybe just clarify, I know Isaac said it earlier in his presentation, but I think your, your line of questioning is maybe could put some of this at ease.

00:43:45,970	This plan is just a plan, so this is not something that the city or the county or any other government agency is, um, intending to construct next year, the year after, any, anytime soon. This plan sets forth the groundwork so that if those property owners elect to plot their land, you know, subdivided, you know, develop it into a higher density from what the pasture is today. It provides.

00:44:05,630	that connectivity that we would eventually see as these pieces come in and and plat, um, similar to what the planning action was in our, in our September meeting, um, this just lays out where we would envision that roadway network to be so that we are left with a network when this is all said and done and platted 20 years, 50 years, 100 years from now, um, as opposed to a bunch of,

00:44:22,070	uh, not interconnected pieces. So there’s no intention to By right of way, build a road, any of any of that. This would be intended that as these properties develop or wish to develop at the landowner’s choosing at the timing that they want to move forward with that is when we’d anticipate seeing some of these rights of

00:44:38,570	ways dedicated so just maybe wanted to clarify that piece for you. OK. And uh then will it also be, uh, will he be compensated for that? I can take the next one in terms of if, if the property owner had desires to subdivide their property into, you know, changing and then the zoning

00:44:55,900	change to change it from a pasture egg use into something that was, you know, higher density, um, with that comes the dedication of public right of way typically for the road network that they need.

00:45:13,370	Um, so the compensation generally isn’t there for, uh, in that instance, because the landowner themselves is is asking to bring in public streets, public roads, public water systems, etc. To develop the the property. So once again, we’re not looking to do this project now, um, if for whatever reason, the city or county or any other government agency elected to move forward with the project prior to that property platting, there would be compensation for

00:45:32,770	those landowners, um, for, for the right to use their land for a roadway or a water main system or whatever that improvement would be. OK, so he would be um uh a part of that decision making. That wouldn’t be done from the top without his input. 100% correct. OK, OK.

00:45:59,330	Um And, and what is the intent of the potential intent to build that when you’re saying 20 years, 50 years, 100 years, we know it’s not going to be 50 or 100 years because the rest of us are none of us could be around by then. Uh, not very likely anyway, so.

00:46:14,300	I guess I can add, I mean, like I said, we have this, this is a, uh, a mile long segment of this of uh major street plan, but this plan exists for every A section of land surrounding Bismarck, so.

00:46:33,500	The, the plans are in place so that we know as properties come in and, and plat where to place the road rights of ways, but really there’s not a timeline, um, initiated in that plan or even discussed in that plan of when these would occur, because it is at the pace of development of Bismarck for whatever reason grew at a, you know, a ridiculously high pace we would anticipate finding ourselves into this area with with residential development and and other developments

00:46:50,970	sooner rather than later, um, if No, that’s not the case though, it it could be 50 years from now until we get to some of these spots. OK? And, and his, uh, view of it at the time was, I believe, for 2 acre lots so that it wouldn’t become densely populated.

00:47:07,570	Because I can’t speak to what the future plans and those kind of things because you get too many lights just like Silver ranch area is already getting a lot of lights and all those lights divert bird population, insect population and that stuff is reducing already. We’re seeing it in our neighborhood.

00:47:25,200	Cause we’re just just right off Rocky Road, and you already see it just because of those lights. How is that Potential being is that being discussed as a potential to mitigate the lights. that’s outside of the scope, I would say of what this item is or or what, what we’re talking about here. And so you still would take written comments from property owners.

00:47:50,830	Certainly. OK, OK. OK, well, thank you very much. I appreciate that answer all your questions, most of them, I think, I think so. Thank you. Good deal. All right, thank you. With that, the podium is open for others that would care to address this agenda item.

00:48:13,870	I’m, uh, I’m Jim Bonnett, and I just have one question, uh, The map It seems to me the the map shows this new rocky road north of. The uh existing Rocky Road, is that right? So what happens to The existing rocky roads, you want to call the the new one, the new Rocky Road, are we the old Rocky Road or does it

00:48:38,900	disappear? I can, I can address that. So this is not, so the existing constructed portion of Rocky Road that’s, you know, nothing will change there. That road will still be called that.

00:49:00,970	This is just saying that if that road were to be continued to be constructed to the West at some point, the exact alignment as far as the plan is concerned is just shifting a little bit. It’s not taking away adding a new one without taking away an old one. It’s just shifting the existing one. Uh. But where is it? I’m, I’m still confused. You say you’re shifting all rocket road to new rocket Road.

00:49:22,570	What happened to the old Rocky Road. It’s just shifting the proposed something else other than Rocky Road. Comm Schell, sure, maybe I can clarify. I think we had a couple of different. Mindset’s going on here, but the existing Rocky road that is constructed right now, nothing would change with that one. There would be no access changes.

00:49:42,470	There’d be no street name changes as as Isaac noted, if that road is extended, it’s likely to be called Rocky Road and continue its way towards 52nd Street and then that would just be one longer alignment of Rocky Road with the, the yellow that was shown on the map earlier, being the newest segment of it, but

00:49:57,470	the existing segments that are there today would not change. Good enough. Thank you. You’re welcome. Thank you, Jim. With that, the podium is open for others that would care to address this agenda. And I’m not seeing anybody. Jumping up and coming to the podium.

00:50:17,570	So with that, I’m going to close the public hearing on this agenda item, uh, Commissioners, uh, actually, Isaac, any additional comments? No, not this time. All right, thank you. With that, Comm, this is a request for a major street plan amendment and uh staff recommendation is to approve what are your wishes. Just a moment, please. Left. Ah OK. So again, staff recommendation is to approve commissioners.

00:50:40,570	What are your wishes? I’ll move to approve. Excuse me? It’s Amber. I’ll move to approve. All right, thank you, Amber. We have a motion to approve from Comm Larson. Second, we have a 2nd from Comm Schmittz. Without any additional discussion. And Comm Johnson.

00:51:14,330	Uh, I, I wish the person that was here in September was here to, to either voice support or not for this because he was adamantly against. Uh, the, the new alignment being proposed, and I would understand, and if I were in his shoes, I would feel the same way, um, there’s, there’s another property to the.

00:51:34,830	East side of this realignment that’s going to have the same issue where you have this proposed future road. Cutting through it at a diagonal through a 40 acre chunk that’s basically going to leave that very hard to develop. I understand it’s not saying the road’s going to go here. In that exact location or, Uh, tomorrow, but you have this.

00:51:59,630	Impediment to development or, or something that needs to be accommodated on this property that was not there previously that is there now that they’re going to be expected to accommodate now. So both these property owners are going to have this road cutting through at some. I’m assuming it’s, it’s shown as a diagonal for speed and and uh gradual turns.

00:52:18,530	They’re going to be expected to accommodate that on their property. And it’s, it’s, I, I feel like we just take this too lightly that we’re just throwing this line on there. Thinking it really doesn’t have any implications when it, it is going to have implications. Um, and to not have those people’s Input and support. It doesn’t feel right to me.

00:52:40,700	It, it feels like there’s just something being thrown on their property. Uh, that is going to have real implications someday. So that’s it. appreciate your comments, Comm Johnson. Mr. Chair. Yes, Comm Bitner. Thank you, Mr. Chair. I have to echo those concerns. I, I haven’t seen anything that gave me an indication that the landowners up there are accepting of this.

00:53:05,230	And um like further haven’t had any communications from the highway department, the county highway department, in support of this. Either, and I, and I’m very reluctant to support it in the absence of knowing that those citizens are OK with it, because I think we all know that these future road plans become the road map.

00:53:26,770	That’s, it’s, you can, we can say all day long that. You know, it’s not really written in stone, it can be changed later. I would say good luck with that. So I’m not, I’m not comfortable with it. Thank you. Thank you, Comm Bittner. Comm additional comments.

00:53:47,470	I guess I would like to reach out to Isaac just to, uh, for additional, you did indicate how many letters were sent out. Yes, there were 53 letters that were sent out to uh basically whoever received a letter last time received another letter this time. So it was the same number that was sent out as last time. OK.

00:54:07,630	And I, I tend to agree, Commissioners, um, the gentleman that appeared And spoke to us last time complained that he did not or was not notified if I remember correctly. And so I, I too would have a concern that Maybe he’s not being notified once again, I don’t know. Was that you, sir? Yeah. And were you notified? OK.

00:54:33,830	And do you have concerns? Not at this point? have I said recently, understand Just all All of this understand that things Further down the road I, I apologize. I, I did not recognize you or, or know your name, but uh thank you for, for uh bringing that to our attention. Uh, Mr. Chair, yes, Comm Bitner.

00:55:05,900	Without him being at the microphone, I couldn’t hear a word he said. All right. Sir, would you please step up, and if you would add your name to the log just so we know that you’ve been here. Thank you, Comm Bittner. I apologize for that.

00:55:34,770	Uh john Shaffner, um, I am the person that that he Um Onurness at the September meeting and have since had a meeting with Isaac and the other gentleman from the county. And in full understand. fully understand, uh. The whole process and understand that we would be very involved if someday this comes into fruition.

00:55:58,970	And, um, are in agreement with it, um, a bulk of that road would go through my property. But, uh, again, we do understand the Concept OK. Thank you, Comm Bittner, did you catch all of that? I, I did, and, and that I’m relieved to hear that, you know, that, that the landowner is, is OK, so Um I’m, I’m not hearing any real reason to oppose it then, Rex.

00:56:24,930	Correct, yes, and, and thank you for your Your concern and uh follow up on that. I appreciate that, but yes, uh, we are at peace with it at this time, so. Very good. Thank you. Thanks for that. I appreciate you clarifying that.

00:56:45,230	Thank you for coming to the podium with that Commissioners any additional comments? And I’m not hearing or seeing any, so with that, we have a motion on the table and a second to approve. Ben, would you please call roll? Yes, true, uh, Comm Johnson, yes. Schmitz? Yes. Larsson. Yes. Lukins? Shell. Yes. Bitner. Yes. And Schwartz. Yes, the motion is approved.

00:57:10,770	With that, we move on to item number E and our regular agenda, which is Wachter’s edition La 3 block 6, and it’s request for a special use permit, and I believe Lauren is going to provide us with staff report this evening.

00:57:33,370	Uh, good evening, Chair Schwartz and Commissioners at the University of Mary is requesting approval of a special use permit for a childcare center um part of Lot 3, all lot 4 and part of lot 5, block 6, Wachter’s edition. The parcel is located in south central Bismarck between South 7th Street and South East Street, and, uh, south of East Bowen Avenue. The parcel is adjacent to Kirkwood Mall, uh, to the west across the 7th Street retail stores, restaurants, and offices.

00:57:55,100	es to the north and south and single family dwellings and manufactured home parks, uh, to the east across South East Street. Their property has been identified as, uh, destination mixed use in the future land use plan. And these areas are the major commercial and employment centers that serve the entire regional trade area of Bismarck.

00:58:15,430	Uh, the applicant would like to provide childcare in their existing building to staff and the community as well as train and educate, uh, in the field of early childhood development at this location. The public has been duly notified of this request.

00:58:36,900	A notice was published in the Bismarck Tribune on November 8th, uh, and 15th and 10 letters were mailed to the owners of nearby properties on November 8th as well. To my knowledge, staff has not received comments regarding this request. The request was evaluated according to standards contained within the comprehensive plan Bismarck Code of Ordinances and relevant state law.

00:58:58,100	Uh, based on the site plans submitted the interior and exterior space requirements would be met, adequate parking for employees and visitors will also be met for this area. The applicant is aware that they will need to meet building and fire code requirements, including the installation of an automated, uh, sprinkler system and that they will need to adhere to the health and sanitation requirements for a childcare

00:59:17,030	center. Uh, as a result of all findings contained in the staff report, City of Bismarck staff find that the proposed specially. permit would not adversely impact the public health, safety in general, welfare, and is, uh, consistent with the comprehensive plan Bismarck Code of Ordinances and relevant state law.

00:59:38,900	Therefore, based on the findings contained within the staff, staff recommends approval of a special use permit for a childcare center, um part of Lot 3, all lot 4 and part of lot 5, block 6, Wachter’s Edition. Do you have any questions for me at this time, Comm, Questions forlorn. I’m not seeing or hearing anymore. Thank you.

01:00:02,230	This is a request for a public hearing, so, uh, With that, I’m going to open the public hearing is either the request owner requester here. I should say request or representative. Commissioners, thank you. Luke, I think I’m the director of physical plan for the University of Mary, representing the university in our request here.

01:00:19,830	So, um, of course, we all know the university has a decades-long history of forming leaders for our community. Um, we started that in 1959, primarily in healthcare and education. This is not the way we, we can continue to partner with our community to form our educators in education, uh, and at the same time meeting the needs of our community, um, right now we have approximately 20 21% of

01:00:39,100	lots of licensed child care available to the need of childcare in Burleigh County, right? And so this will continue to support that by providing. A 7072, thank you. Need to find a friend. Uh, additional licensed childcare spots for Burleigh County.

01:00:57,800	Um, we’re excited to be able to provide that service to this community, um, in addition, we’re partnering with the Department of Commerce, as well as other agencies to support this project. Happy to take any questions. And sir, your name was Luke Siidling, and I’m the director of physical plant. Luke, thank you. Uh, Comm, questions for Luke. Comm Schell.

01:01:16,970	Luke with the entire building be converted to childcare or just a portion of it. We’ll be utilizing the entire building. Thank you. Thank you, Comm Schell. Comm, additional questions for Luke. I’m not seeing or hearing any, Luke. Thank you. Thank you. With that, the podium is open for others that would care to address this agenda item. And I’m not seeing or hearing others.

01:01:45,830	Wanting to step up, so with that I’m going to close a public hearing, uh, Commissioners, this is a request for a special use permit for childcare and staff recommendation is to approve. What are your wishes? Motion to approve. We have a motion to approve from Comm Bittner. 2nd, a second from Comm Johnson. Additional Discussion or comments, Commissioners.

01:02:10,430	And I’m not seeing chair and fellow commissioners. I guess I have a little hesitation admittedly on this. This is one of our busiest roadways we have in the community. And we definitely have a need for more childcare, but I’m thinking of the part part of the childcare facility is the necessity to have that outdoor recreational space.

01:02:34,900	Available And so we’re taking one of our very, very busy roadways and putting a childcare facility and admittedly fenced area. Um, but children right off of that roadway.

01:02:59,970	And so I, I realized safety is going to be of the utmost concern, but it also seems Slightly odd to me to take that corridor and have children playing in an area right off of it. All right, thank you. Appreciate the comment. Certainly, Luke, if you’d like to. Commissioners, thank you. Um, absolutely, of course, uh, priority for the center will be safety for the children. There are two individual outdoor play spaces they’ll both be fenced and enclosed.

01:03:29,330	Neither of them have access coming from 7th Street or from, you know, from the West side of the building at all and so there’s kind of direct access into the play areas from the building so that children won’t need, um, You know, won’t be in a traffic, you know, kind of high traffic area at all, so thank you.

01:03:44,830	Thank you, Luke. All right, the podium is open for others who would care to comment. I’m not seeing or hearing any, so with that, I’m going to close public hearing for this agenda item. Uh, commissioners, again, this is a special use per permit request for childcare and the, uh, Staffs.

01:04:10,370	To If we have a first, uh, Comm Bittner and a second from Comm Johnson. Thank, thank you, Ben. I got confused there. Any additional comments? From commissioners. Not seeing or hearing any, so with that Ben, would you please call roll? Yes, sure, uh, Comm Johnson. Yes. Uh, Larsson Yeah. Bittner Yes. Lukins? Yes. Shill Yes. Schmidt, yes. And Ser Schwartz.

01:04:42,030	Yes, the motion is approved. With that, we move on to item F and our regular agenda. Kevin Commercial Park. Audits lots 8 block 1, and it’s a request for a special use permit. A drive through and Isaac is going to provide us with a staff report this evening. Good evening again, Chair Schwartz and Commissioners.

01:05:04,930	So this regular agenda item comes to us from Gateway Fashion mall LLC who are requesting approval of a special use permit for a drive-through ATM on Auditors lot 8, block 1 Caviny Commercial Park Replant lots less lots A, B, and C, and less that part taken for lots one and 4, block 1 havevin Commercial Park, 2nd.

01:05:28,430	plot for the sake of clarity, I’m just going to refer to it from here on out as Auditors lot 8 block 1. This product is located in north central Bismarck West of State Street on the north side of Gateway Drive.

01:05:48,870	I will note that standard practice for any type of development project that comes before the planning and zoning commission is to show the project area as the parcel in this particular case, the parcel for Gateway Mall is rather large, and the exact location that the uh drive-through ATMOB is a small fraction of that. It would be on the south.

01:06:11,100	side of the parcel on the southern edge of that south parking lot adjacent to uh Gateway Gateway Avenue on the north side of that gateway Avenue there. So the property is zoned CG commercial and a majority of the land surrounding the project area is also zoned CG commercial containing a mix of uses ranging from restaurants to offices and hotels, and some apartments or condos further to

01:06:32,500	the west, um, where some land is also zoned RT. The area is identified as destination mixed use in the future land use plan, which are described as major commercial and employment centers that serve the entire regional trade area of Bismarck as well as visitors.

01:06:55,970	The public was notified of this request via publications in the Bismarck Tribune on November 8th and 15th and 98 letters were mailed to nearby property owners on November 8th. Staff did receive a couple of inquiries for for information regarding this request, but to the best of my knowledge, staff have not received any formal written public comments regarding it prior to this meeting.

01:07:16,970	So as a cumulative result of all the findings contained in these staff reports, City of Bismarck staff find that the proposed special use permit for a drive-through ATM would not adversely impact public health, safety, and general welfare, and that it is generally consistent with the comprehensive plan and Bismarck Code of ordinances and relevant. State law.

01:07:40,830	Therefore, staff recommends approval of the special use permit for a drive through ATM on auditors Lot 8, block 1, Cavinue Commercial Park, Re Platt. Does the Commission have any questions for me at this time, Commissioner’s questions for Isaac. I’m not seeing or hearing any Isaac. Thank you. All right, thank you. This is a request for a public hearing.

01:07:59,800	So with that, I’m going to open the public hearing is either the requester or a representative here. And I’m not seeing anybody chair there are, uh, 3 individuals who are online remotely and um I’m not sure if any would care to speak, but if any online would care to speak, this would be the appropriate time.

01:08:22,900	Ben would they fall into the category of being either the requester or I think they appeared to be uh associated with the applicant, the other two. Uh, I, Kate, I see your unmuted, but we can’t hear anything from you. Can you hear anything now? Yes, we can do. Awesome. Hello.

01:08:49,170	Uh, I am Kate Chapman, and we are proposing the installation of a drive-up ATM as mentioned on the south side of the property, uh, There shouldn’t be any effects to the traffic. There are no parking spaces to be affected. Everything should be Pretty cohesive, sorry, um.

01:09:18,630	Tom, do you have anything to say on this, or Joey either? Hi, this is Tom Chatman, um, oh, am I muted? No, I’m good. OK. Um, and, uh, yeah, no, we don’t have anything else more. I, I don’t think unless there’s any questions, we’ll open up for any questions and be able to feel those hopefully.

01:09:39,200	OK, Commissioners, do you have questions for either Kate or Tom? I’m not seeing or hearing any. So at that point I think we’re, we’re probably good. Is there, are there others that would care to address this agenda. And I’m not seeing or hearing any, so with that, I’m going to close the public hearing. Commissioners, um, and I should ask, Isaac, any additional comments? Thank you, Chair Schwartz.

01:10:02,830	I would just add that this project is also going through the city’s site plan review process and to my knowledge is ready to be approved there if this were to be approved that the special use permits tonight. Thank you. All right. With that, Commissioners, this is a request for a special use permit for a drive-through. Staff recommends approval.

01:10:24,830	What is your wishes. Moved to approve as presented. Motion to approve from Comm Schmitz.. 2nd. 2nd from Comm Lukins. Any additional discussion. And I’m not seeing or hearing any. So, Ben, would you please call roll? Thank you, chair, uh, Mr. Johnson. Yes. Larsson. Yeah. Lukins, yes. Schill? Yes. Schmitz? Yes. Bitner. Yes. And Schwartz.

01:10:54,930	Yes, the motion is approved. Moving on to item G in our regular agenda is uh an agenda item for public notice and signs, and Daniel is going to provide us with staff report this evening. Hey, good evening, Char Schwartz, and that I’m situated.

01:11:28,770	Uh, this is a request from the Community Development department, uh, for a zoning ordinance text amendments to incorporate placement of public notice signs into procedures for projects involving a public hearing. I’d like to give you a little bit of background on what we do already for public notification, uh, so you can see how, uh, physical signs would fit within that overall process.

01:11:47,530	So the, um, there is a goal in our comprehensive plan, uh, and I’ll just read this verbatim. And we would like to inform interested parties about upcoming public hearings with the Planning and Zoning Commission through a variety of communication tools, including letters, online maps, and on-site signs. Uh, we currently use the following methods. Uh, we issue advertisements in the Bismarck Tribune.

01:12:07,300	Uh, this is mandated by state law, uh, so throughout the state, uh, legal advertisement is a prerequisite for holding any public hearing. Uh, some people may not be aware of this, but in North Dakota newspaper Association does take All of those ads that we published physically in the paper, uh, and they do have a statewide website so you can

01:12:24,370	kind of go on there and find Burleigh County and and drill down and to see all of these advertisements as well, uh, just a little, little tidbit of knowledge if anyone is interested in checking that out.

01:12:38,330	Um, this is a, it’s a helpful tool, though we are very limited in space, uh, and the audience is not as targeted as some of the other methods that we, we do have. Uh, secondly, uh, we send out letters to nearby property owners. We call these APOs internally affected property. mailings. Uh, this is required in our zoning ordinance and so we do as staff uh follow this regularly.

01:12:56,430	You hear from us even this evening on how many letters get sent out, uh, we send to 350 ft, uh, a radius of the property boundary within the city or a quarter mile outside of the city, uh, and everybody in that area does receive these letters, hopefully, uh, there are cases where we hear that they don’t get there or maybe don’t get

01:13:14,430	there quite in time, um, for, uh, what they would like, uh, but that is. Um, our practice. One thing that you may not be aware of, uh, we do use property owner databases that we have from assessing to send these out.

01:13:31,600	There is a limitation of this method are currently, if you’re renting a house or renting an apartment, uh, you may not get these letters if you’re, if you’re a landlord doesn’t communicate that to you, uh, but it’s just something, uh, that we currently are doing. Um, we are intending to change how these letters will look. Uh, we currently send out a full page physical, uh, uh, 1.

01:13:51,870	7 by 11, uh, letter, um, we are intending to change that to a postcard. A lot of cities are doing this. Uh, there are some benefits to that, you know, you get a letter from the city, you might throw it on your counter for a couple of days until you open it and figure out what it

01:14:03,570	is. Uh, by that time, I may be too late to make it to the public hearing. Uh, the postcard is immediately, uh, gives you that information right up front and, um, it’s a smaller size, but it really, if you can um get the basic communication in that postcard. There’s online resources to find more.

01:14:20,270	Uh, so that’s something we would intend to change in the near future. Uh, finally, we do have online options for anyone to stay abreast of what the city is doing with the planning commission is doing.

01:14:35,100	Um, what I’d like to do is just kind of demonstrate some of these because actually one is fairly new and, and you won’t be aware of this yet, and, and so you and the public can see, uh, what, uh, this may look like. Let me see if OK. It doesn’t look like, um, I’m going to reshare my screen and see if this works. OK, here we are.

01:14:59,570	Uh, so this is a dashboard that is available on the planning website and has been for a couple of weeks now. So what you, what anyone from the public can do is they can see all projects that are currently in the pipeline, uh, in the community development department, from the moment an application, a complete application is received, uh, to the moment, uh, we record that

01:15:18,300	plat or whatever that final document is, uh, the items will be indicated with a shade of red, if, if there’s a public hearing being called for that item.

01:15:37,770	So, uh, the ones we heard tonight are on here, Holer Park, um, and Washington Square edition, so you can select any of these items and then the map will zoom over to the location, and you’ll see some basic project information when they applied, who’s applying, basically, what are they asking for, um, and once the staff report is released, you can click on this and um open up the staff report.

01:16:00,500	Now, the staff reports only released the Friday prior to the public hearing, uh, so that information will only become available when it is there. However, um, even early in the process, you could at least get enough information to, uh, find out who to contact and, and find out how to learn more about what’s going on.

01:16:17,770	Uh, so this could be a good tool for anyone from the public, um, who might want to, uh, follow what the city is doing. Now, of course, if you don’t, you wouldn’t know what to look at this necessarily if it’s something. is happening in your neighborhood, um, but if you are in the, have a habit of checking this.

01:16:30,100	You, you, you will, you can see what the city is doing. Um, another, uh, option we do have, and this is the agenda Center. Um, many of you will be familiar with this. We did change this this summer, so there’s a new, uh, software that we’re using. One thing I’d like to highlight, uh, this, this evening just so everyone is aware.

01:16:48,570	Um, it looks like I have to sign in again, pardon me for a second here, um, to, to use this option, you do need to create a user name and account, uh, in Civic Plus, which is our, our service here. But once you do that, you You can sign up for a subscription and any of the city.

01:17:09,900	Boards and authorities, commissions, you can select which ones you want to get an email notification for And if you select that little lever, you will get an email every time an agenda is posted, every time an agenda is changed, uh, and that’s a good way to keep on top of this.

01:17:24,370	Uh, once again, that only happens the Friday before the meeting, so you won’t get that advance notice, but at least you’ll get the most thorough information in, in that agenda packet. I just want to show that for the, uh, the benefit of the public. I think I will have to stop this and reshare to go back. Sorry, I didn’t, oh, I wasn’t aware of that, um.

01:17:46,400	OK, so finally, what would be the new item that this ordinance would adopt these would be physical signs, uh, that will be placed at the site of any public hearing, uh, the message would be very simple just to identify people that something is happening here, um, it could be visible for people driving by or walking by.

01:18:07,570	Now the, the text would not be sized and appropriate for a driver, so you really would need to get out of your vehicle or or walk by to really read. the sign in detail or certainly use a QR code, we wouldn’t want drivers to do that.

01:18:25,630	Um, so this is a very common practice throughout the country, although not in North Dakota, um, and it has not been historically, uh, some examples, Billings, Montana, uh, there’s a sign here, uh, they utilize a standard sign and then they have project specific information just posted to that on on letter sheets, uh, Raleigh, North Carolina has a sign, uh, that’s fairly basic but just has a project specific.

01:18:45,600	Information so you can follow up on, on whatever that hearing is. The more traditional style, um, this one is out of a, a town in Indiana, uh, is to really post a lot of the information on, on a sign. Of course, these are, um, get quite, um, extensive in, in what’s what’s being posted.

01:19:03,730	And then the opposite side of the spectrum is a town of Missouri that just simply doesn’t have any project specific information just says public hearing call this and so that’s the whole spectrum of different options that might be. available.

01:19:21,700	Uh, we have a preliminary design, um, if this were to go forward of something that we could do, uh, and the way this would work is the sign would be standardized, uh, or most of it would be created by the city, uh, in the community development department and then as the projects are generated, we could use 8.

01:19:41,200	5 by 11 vinyl stickers that would be attached to that sign for that specific project and then could be ripped off and reused for future purposes. The stickers would have the of the hearing and then some ideas that you could use to look up that project and also a QR code that would take you directly to to product information online, um.

01:20:01,330	So how would the process work, uh, for installing these signs, this is all proposed, um, the way the ordinance is actually written is, uh, the only thing written into stone would be the 10 day, uh, time limit. They would have to be installed 10 days prior to the hearing. Other than that, it refers to guidelines set by the Community development department.

01:20:17,530	Uh, so this would be our proposed process, um, that the signs would be required prior to the first public hearing, uh, so we do have a lot of projects that have multiple public hearings and and our philosophy is really only the first one.

01:20:32,830	We need to really make sure people are getting to and then you can follow the, the chain of events, um, to get to the further meetings, um, and that is when we send out our EPO letters. We don’t resend those letters out multiple times or if there’s a continued hearing, uh, we don’t resend those letters out, so we would follow that same procedure.

01:20:49,430	Uh, so as I mentioned, the city would create the sign, we create the stickers, we put them on, on, on there. The applicant would pick up the sign from the city and they would bring it to their own properties to install.

01:21:05,830	They know their properties best they could, um, do the one call for utilities, um, if they would be posting it into the ground or they could stick it on a structure, uh, they would have that ability to do that. Uh, once they do that, they just take a photo to verify what the time stamp on it that this has been done.

01:21:21,530	Uh, the applicant and property owner would be responsible for making sure it stays there, uh, for the course of, of the time period until the public hearing is held and then they would return to the city. Uh, we’d take out the sticker and we use it for a future.

01:21:37,200	Project, uh, that’s the the intention, uh, so how does this fit into our overall communication strategy, uh, you know, one thing that’s, it’s maybe interesting to note is we, we only have limited information at the beginning of a project process and as we move along, we can share more publicly. uh, when we get these applications, and you don’t see all of this happening, but there’s a, there’s a lot of back and forth and negotiation with staff.

01:21:55,570	There’s a lot of technical details that are being worked through during the staff review. with the engineering department, public works, and police fire, everyone gets involved. Um, so at the very beginning, we really don’t put a lot of information out there into the public to avoid confusion, um, but really one staff is finished reviewing, uh, that’s when we issued the newspaper ad.

01:22:13,370	That’s when we send out the mailings and that’s when the signs would go out and then there would be a good period of time, usually 2 weeks or so, uh, for the public to, um, ask questions, call us, and also during that time staff is working on a more detailed.

01:22:29,100	Staff Report, uh, and then when that is released in the agenda Center, uh, the full information that you have at your disposal is, is out there in the public, um, and that is really the overall goal here is to have everything out in the open, open records, open public meetings, um, and that’s the way we would get there.

01:22:45,300	So, uh, so all that being said, I’ll, I’ll stop sharing. Uh, I’ll read the ordinance sections that would be changed, um, and, uh, uh, public notice was issued for this Soor tax amendments on the 8th and the 15th of November, uh, and based on the findings that are containing your staff report, staff recommends approval of amendments to sections 14-208,

01:23:09,730	Section 14-418, Section 14-702 and Section 14-904 of the city code of Ordinances related to public notice signs. Um, I can attempt to answer any questions you have. Commissioner’s questions for Daniel. Comm Schmitz, I don’t know that this is ordinance related, but I’m a little concerned on the size of the sign.

01:23:29,630	Seems like it could be bigger. To, to, if we’re going to try to draw attention to people who might be interested in the Public hearing, having a 2 x 3 sign. Seems a little small to me.

01:23:52,630	uh Cha Comm, that, that is, that is a point that we, we have discussed and that, so the ordinance wouldn’t stipulate that, so I, we can take that I’m just, I’m giving that as feedback, and maybe one point to add to that, we, we may wish to have multiple sizes, um. So Mr. Chair. Thank you, Comm Bittner. Thank you, Mr. Chair.

01:24:18,570	Um, what does this do to the cost of, of This program, um, the increased permit fees, does it, it seems like it increases labor both at the city and at the applicant level, so I’m just curious. If we’ve looked at the cost of this. Thank you, Comm Bittner.

01:24:37,300	Uh, so, maybe before I answer that question in detail, I, I will say we did, we did reach out to the applicant side of this, uh, as well, partially for, for that question that you raised, uh, we, we mentioned this at the HBA uh meeting, uh, where the developers are present. We also had a meeting specifically with consultants, uh, and ask them about this if they would be the ones responsible for installing these signs to understand uh what impact it may have on them.

01:24:56,670	Um, I’ll say the Cost to the city, we, we do have, uh, a budget for this in the in 2025, uh, it’s, it’s fairly minimal that we were intending to use signs maybe coroplast or, or a sign that a realtor may use.

01:25:17,830	Uh, we’d like something fairly durable that could be easily reused, uh, but we were in intending to, uh, I believe the budget was about 1000 a year or so to purchase these signs, uh, we are not, um, the permit fees were neutral.

01:25:36,570	There were some things that went up and some things that went down, but for the most part in 2025, uh, the permit fees are not changing, um, significantly for this, for the community development department and, and really the signs would not, are not really an impact on the, on the permit fees. Thank you Comm Pet Turner. Commissioner’s additional questions for Daniel. Comm Johnson, you, you mentions, uh, guidelines established by the Director of Community Development.

01:25:59,170	Would you have guidance on where it has to be on the site, so it’s not in some obscure corner that it’s publicly viewable and things like that within that guidance. Yes, thank you, uh, Comm Johnson, and, and certainly any of these comments we can use to craft those, those guidelines.

01:26:16,800	Uh, the ones that we’ve seen, uh, that we’ve used as examples state that the, it must be on private property and we can’t allow these on the public rights. away for obvious reasons, but usually there’s a certain distance, say 10 ft from a private from the right of way that they must be placed and, uh, they must not be obstructed for any in any way.

01:26:32,200	And, and that’s one of the reasons for the photo, um, as well. So if, if staff does see a photo and, and it’s very clear from that that this isn’t visible, then, then we could ask to move them. Um, but that’s something we would need to make clear. Thank you. Thank you, Comm Johnson. Comm, additional questions.

01:26:53,470	Daniel, one of the questions that I had, and I always, I always like to go back to the beginning of things, but, um, my question would be, what problem are you solving by doing this. Chris Schwartz, thank you, and I should have started with that actually, that’s, that’s, that is a good question.

01:27:12,170	So, I, I think I’d say from our perspective, one of the comments we received. Maybe even more than anything else is, is related to notification saying I, you know, I, I didn’t hear about this hearing, uh, you know, you have a 350 ft radius, but I live right outside of that.

01:27:28,800	My neighbors heard I didn’t, didn’t know about this, uh, or I didn’t know in time or the letters didn’t arrive, or, you know, and we hear a lot of, a lot of these, or the letters maybe didn’t have all the information I needed.

01:27:45,230	So, so we feel like there’s um, you know, there’s multiple ways that people wish to hear about things and, and communication involves sort of a multifat. strategy and this is one way, uh, to reach out to people who may not otherwise know what we’re doing. Thank you.

01:28:01,770	It just, to me, I looked at it and I’m going, it, it seems like it’s kind of a, a, a almost a step backwards in that, uh, with the technology that we have available to us these days, and you can find so much online or you have your mailings and that, and it felt like it was. A step backwards, but it’s, it’s good to understand uh what the motivation is behind it. Thank you. Comm Schmitz.

01:28:18,900	I think we have to look at it any way we can to notify people and mail service is not necessarily reliable, uh, on a timely basis anyway. And people do not check their mailboxes on a regular basis because they tend to get stuffed with a lot of things that they don’t even care about.

01:28:38,670	And Yes, technology is there, but who’s always going out to the website for the public. Entities, so the more we can make it known to them, visible, that’s why, I mean, I think the sign, the size of the sign might be an issue to me more because a 2 by 3 sides sign may not be very visible to draw

01:28:55,900	attention. If we’re trying to draw attention to hey, this is something that might be important to you. So I, I just think the more ways we can find to communicate. The better. Mm I appreciate the comment, you know, it’s, that’s important. Any other comments, Commissioners, or questions I should say for Daniel.

01:29:16,500	Comm Johnson one quick one just so I’m sure you’re all thinking about it anyways, but as you think about sign. Size and you know, how is it going up? Like is it something that someone can do easily or, or do they have to, you know, even realtor signs there seems like there’s special or special groups that

01:29:32,800	just go around and put them up, take them down. Uh, just so anyone could be able to do it easily, so compliance stays up and it’s not a huge burden for Uh, the applicants as well. Thank you, Comm Johnson.

01:29:56,570	Comm Schell, maybe to echo some of that, Daniel, you said that you’d engaged with some of the consulting engineering groups, uh, did you, what sort of feedback did you get from that? Stakeholder group on what this change would mean to them.

01:30:13,630	Sure, what, and that’s one thing we did learn from that group, and we, we suspected this already, but um they, they, most cases they will need to call one call um if they’re sticking anything into the ground, even a, even a sign of fairly, you know, small times, uh, so what we would need to do is work with them on the timing of things.

01:30:30,930	So, uh, we, the city staff, as soon as an application is received, we could notify them, um, of this, and then they could go out and find their location first and then if there’s 48 hours in advance for them to to actually place the sign. So that that’s the one thing we, that was very helpful comment that we received from them.

01:30:49,470	Um, otherwise, I, I don’t, there were, there was one comment raised about the question of, of whether this could lead to unwanted attention from a property owner if they have a public notice sign on their property.

01:31:27,470	Uh, we did explore occurred and, you know, we have, uh, signs up for Harris and signs up for Trump, and, and we are able to handle that in a civil fashion in our community and so I, we, we don’t anticipate. that being an issue, um, but those are the two concerns that we heard in that meeting. Thank you. Thank you, Comm Schell. Comm, is any additional questions for Daniel? I’m not seeing or hearing any Daniel. Thank you. Thanks. This is a request for a public hearing.

01:31:48,630	So with that, I’m going to open the public hearing, and I don’t see anybody sitting in the room here. Is there anybody online that would care to step up to the podium and talk. I don’t see anybody cheer. All right. Thank you, Ben. With that, I’m going to close the public hearing.

01:32:07,370	Uh, Comm, this is a request for a zoning ordinance tax amendment staff recommendation is to approve what are your wishes. Moved to approve his present time. We have a motion to approve from Comm Schmitz.. 2nd.. 2nd from Comm Johnson. Any additional discussion? And I’m not seeing or hearing any, then would your police call roll. history. Comm Bitner.

01:32:33,500	I’m not a big fan of signs all over the place, having just gone through the, the campaign and having signs out all over, but um. I would prefer if it was a Uh Pilot program. See what the, the, see if it works first and see if the public has any issues with it, but I’m gonna vote yes. I don’t need to elaborate.

01:32:56,000	OK, thank you, uh, Johnson. Yes. Or Yes. Lucas? Yes. Yes. Schmitz, yes, and Schwartz. Yes, some motion is approved. With that, we’ll move on to other business commissioners. Is there any other business for the good of the, uh, commission this evening. And I’m not Mr. Chair Comm Bentner. Thank you, Mr. Chair.

01:33:22,570	I, I just wanted to tell everybody that I appreciate the extra attention to that one landowner’s concern with that, um, That road realignment issue. I just thought that was important that We identified that the concerns were addressed. And, um, I, I appreciate that. I want to say thanks. Thank you. Thank you, Comm Bender. Without anything else.

01:33:51,430	If not, uh, our meeting for December is moved up a week, so our meeting will be December 18th, our next one. And with that I’m going to Adjourn this evening’s meeting. Thank you