00:00:10,130	Good evening everyone. I’d like to welcome you to this meeting of the Bismarck Planning and Zoning Commission. Today is May 28th, and uh we’ll Adjourn or we’ll open our meeting this evening, uh, with approval of the minutes, Commissioners, what are your wishes? For him to approve. We have a motion to approve.

00:00:33,800	Second, we have, uh, second from Comm Wagen, uh, motion from Comm Zent. Any discussion? Not seeing or hearing any, Sarah, would you please call roll? Mr. Wongan, yes. Comm Johnson. Comm Lukins. Yes, Miss Michelle, Comm Schmitz. Yes, Comm Sivak, yes. Comm and Schwartz. Yes, thank you Schwartz, can we take attendance? Pardon me, attendance. We didn’t take attendance.

00:01:13,330	OK I Sarah, would you please call? Let me first of all, I, I’m getting out of, uh, motion here. Uh, I’d like to call the meeting to order. As Sarah, would you please call? Certainly. Thank you, Comm Bittner. Comm Field. Comm Johnson. Comm Larson. Comm Lukins. Yes, Here. Comm Schell here. Mr. Schmitz. He. Comm Seva here. Mr.

00:01:44,670	Wangan, Here and Hereer Schwarts. Here. With that, we’ll proceed. Thank you. Uh, we’ll move on to our consent agenda this evening and there are I believe 5 items on our consent agenda, the first being cruise subdivision, a preliminary plat and a zoning map amendment staff recommends both a call for a call for public hearing on both the, uh,

00:02:13,630	second is VAs subdivision, and the request there is for a preliminary plot. And uh staff recommends a call for public hearing. The 3rd item number C is a, uh, for municipal 4th edition, 1st replant block 1, lots 2 and 3, and this is a request for a PUD amendment.

00:02:36,530	Staff recommends a call for a public hearing. Item number 1 is dimensional standards in public in P public zoning districts. And this is a zoning ordinance text amendment. Staff’s recommendation again is a call for public hearing. And the final item E in the consent agenda is for Lincoln Township, Section 22, Southwest uh Quarter.

00:03:03,770	And this is a request for a zoning map amendment and again staff’s recommendation is a call for public hearing. Commissioners, what are your wishes for the consent agenda this evening. Moved to approve the consent agenda. We have a motion from Comm Wain to approved. We have a second from Comm Zen. Any additional discussion.

00:03:28,800	Seeing and hearing none, Sarah, would you please call roll? Comm Siva, yes. Comm Johnson. Yes. Comm Wagen, yes, Comm Lukins. OK, Comm Lukins. Comm Schell, yes. Comm Schmitz, Comm Zent Chair Schwartz. Yes, the motion is approved. With that, we’ll move on to our regular agenda this evening.

00:04:08,870	And we will begin with Item number A Schaffer Heights, block 2, Lot 1, Le lot 1A and lot 2 Leslatu and Jenny is going to provide us with staff report this evening. Thank you, Chair Schwartz, Commissioners, Bismarck State College is requesting approval of a zoning map amendment from a conditional RT residential zoning district to the P P Public zoning district on lot 1 less 1A and lot 2 less lot 2A,

00:04:30,770	block 2, Shaffer Heights. This request is located in central Bismarck west of Rod Road between College Drive and Edwards Avenue and consists of 13.41. Excuse me, 14 acres. You consider this request and called for a public hearing at your meeting on April 23rd.

00:04:53,770	The existing conditional RT residential zoning district allows for only office uses if approved as proposed, Bismarck State College would remodel the existing BSC Health Science building for student dormitories and classroom space. Adjacent land uses include office uses to the north across College Drive, Tom O’Leary Golf Course to the east across Ward Road, single-family residential uses to.

00:05:16,800	the south across Edwards Avenue, and institutional uses associated with Bismarck State College to the West. The public was notified of this request. A notice was published in the Tribune on May 17th and 23rd and 29 postcards were mailed to the owners of nearby properties on May 17th.

00:05:36,400	We have received phone calls, just a couple regarding the proposed amendment, neither for or against, just curious, and to my knowledge, we have not received any written comments. This request was evaluated according to the standards contained within the compreh.

00:05:53,530	of plan, Bismarck Code of Ordinances and state law, and as a result of all the findings contained in the staff reports, staff find that the proposed zoning map amendment would not adversely impact the public health, safety, and general welfare and is consistent with our comprehensive plan, code of ordinances, and state law. Therefore, staff recommends approval of the zoning map amendment from the conditional RT residential zoning District to the Pe Public zoning District on lot 1, Le Lot 1A and lot 2 less lot 2A, block 2, Schaffer Heights.

00:06:13,270	Do you have any questions? Commissioner’s questions for Jenny. I’m not seeing or hearing any, Jenny. Thank you. Thank you. With that, I will open up the public hearing for this agenda item would either the requester or representative be available to speak. Cheer Schwartz Lanna Aimler, Schwarzehagen Engineering representing BSC in this. I just add to what Jenny was speaking about.

00:06:34,530	This is just one of those projects that had come along where it was probably assumed at some point that you could convert this into dorms without an issue, but run into a zoning issue.

00:06:49,530	We need to get that going tonight, so as for the zoning change over to Publix so that we can, uh, construct those remodel for dorms and possibly some classrooms as well. I can answer any questions if you have them. Commissioners, questions for Landon.

00:07:10,400	Landon, is the building gonna basically stay the same, uh, On the outside single story and for now there certainly could be addictions and changes later on, but as far as we know as of today, the building is intended to stay the same. OK, thank you. Again, any other questions? And I’m not seeing or hearing anything. Thank you, Lia. With that, the podium is open for others that would care to address this agenda item. And I am not seeing or hearing any. So with that, I’m going to close the public hearing.

00:07:30,670	Jenny, do you have any additional comments? No, thank you. All right, thank you, Jenny. With that Commissioners, this is a request for a zoning map amend amendment staff’s recommendation is to approve what are your wishes. Motion to approve. We have a motion to approve from Comm Zent. Second, we have a 2nd from Comm Johnson. Any additional discussion.

00:07:57,330	And I’m not saying or hearing any. Sarah, would you please call roll? Mr. Johnson, Comm Schmitz, yes, Mr. Lukins. Ms. Mel, Comm Seva, Yes, Comm Wagen, Comm Zent, yes, Chair Schwartz. Yes, the motion is approved.

00:08:24,170	With that, we’ll move on to item B under the regular agenda, which is daybreak, 2nd edition, Block one, lot one, and block 6, lot 1, and once again Jenny is going to provide us with staff report. Thank you, Chair Schwartz, Commissioners, Bismarck North Developers LLC is requesting approval of a zoning map amendment from the RT residential zoning District to the conditional CG Commercial zoning district on lot 1, block 1 and lot 1, block

00:08:44,800	6, Daybreak, 2nd edition. This request is located in North Bismarck, north of Fifty-seventh Avenue, northeast and west of Ridgeland Drive along the north and south side of 6Fourth Avenue Northeast. It consists of 13.5 acres in total.

00:09:08,900	If approved as proposed, the CG commercial zoning District would allow for a mix of commercial uses, including multi-family residential, multi-family development is permitted within the underlying RT residential zoning district. However, the request was made in order to allow a greater density and building heights for a proposed multi-family development.

00:09:28,600	A Zon map amendment to the CG commercial zoning district in a separate future land use plan amendment from the neighborhood mixed use land U designation to the community mixed-use land designation were submitted and reviewed by staff. However, after additional review of the cre, the request city staff expressed concerns with the CG commercial zoning district, in particular, that some of the commercial uses allowed in this district may not be appropriate for this area, noting that the uses associated with the CG commercial zoning district may

00:09:47,430	be better located east of Ridgeland Drive, which is identified as community mixed use in our land use plan. The applicant concurred and has agreed to a conditional CG commercial zoning district. The use is permitted within this district aligned with the existing neighborhood. mixed use land use designation for this area.

00:10:08,130	And an amendment to the community mixed-use land use designation is no longer required and has been withdrawn by the applicant. Adjacent land uses include vacant agricultural zone property to the north and west and vacant CG’s own property and eggs on property to the east across Ridgeland Drive and Saint Mary’s Central High School to the south. The public has been notified of this request.

00:10:26,900	A notice was published in the Bizar Tribune on May 16th and 23rd and 6 postcards were mailed to the owners of nearby properties on May 17th. To my knowledge, we have not. received any written comments.

00:10:43,870	This request was evaluated according to the standards contained within the comprehensive plan, Bismarck Code of Ordinances and state law as a result of all the findings contained in the staff reports, 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 Code of Ordinances and state law.

00:11:01,030	Therefore, staff recommends approval of the zoning map amendment from the RT residential zoning district to the conditional CG commercial zoning district on lot. Block one and lot 1 block 6 daybreak, 2nd edition. Do you have questions? Commissioner’s questions for Jenny.

00:11:24,500	Comm Schell Jenny, could you maybe summarize the differences between the RT zoning that is there today and what the conditional CG would have in, in terms of what additional uses potentially are available there or or led you to what led the discussion on staff on to which users would be restricted from the CG. Sure. Thank you, Comm Schell. Um, the uses that we have asked to be restricted.

00:11:42,200	They’re included in your packet as part of the ordinance, but certainly a single family and two family dwelling wouldn’t make sense in this location. That is allowed. in the CGD commercial zoning district in conjunction with the commercial use retail Group B, um, I guess I call it things for your things, stores that you’d have to take away the goods with from a, with a truck, um, uses

00:11:58,830	such as a filling station, railroad, bus passenger station, commercial parking lot, um, things that would be more generated to a destination area where it wouldn’t be necessarily a development that would be for the immediate neighborhood. Thank you. Thank you, Comm Schell. Comm, any additional questions for Jenny? I’m not seeing or hearing any, Jenny. Thank you. Thank you.

00:12:25,870	This is this is a public hearing with that, I’ll open the public hearing is either the request or representative here. Good evening, Chair Schwartz, uh, Commissioners, so the reason for coming forward with the zoning change is we’re currently under development of design for an apartment complex on lot one block 6, which is on

00:12:51,000	the north side of Sixty-Fourth and on the west side of Ridgeland, and that would be a four-story building, um, in underground or At grade parking structure underneath that goes into the ground, but then 3 stories of, um, Apartments above that.

00:13:16,530	And so what we’re finding out with a lot is Although there is some grade there that once you start stacking up those structures in that roof line we’re getting above the maximum height limits with the other zonings, so we’re kind of in that 75 ft range for heights.

00:13:37,970	And so we thought best to come in with a conditional change and restrict some of the other uses, um, without bringing in the lot to the south side if Something didn’t pan out. It just gives them some opportunities, but it also gave them the opportunity to have that additional height, um, restrictions.

00:13:57,230	So, um, we’re currently working on kind of the phase one design aspect of a two-phase project on that lot to the north. So with that I can answer any questions if you have them. Comm, questions for Mr. Patrician. All right, I’m not seeing or hearing any. Thank you. Thank you. With that, the podium is open for others that would care to address this agenda item.

00:14:17,130	And I’m not seeing or hearing anybody stepping up to the podium, so with that, I am going to close the public hearing. Jenny, any additional comments? No, thank you, Chair. All right, thank you. With that Comm, this is a request for a zoning map amendment. Staff is recommending approval. What are your wishes? Move to approved. We have a motion to approve from Comm Wain.

00:14:40,970	Second, a second from Comm Zan. Any additional discussion. And I’m not seeing or hearing any, so Sarah, would you please call roll? Comm Wongan. Yes, Comm Johnson, Comm Lukins. Yes. Oh, there he is, Comm Schell, Yes, Comm Schmitz, Comm Seva Comm Zent Char Schwartz. Yes, a motion is approved.

00:15:09,330	With that, we will move on to item C in our regular agenda, Silver Ranch, 5th edition, and I believe Isaac is going to prize with staff Report this evening. Yes, thank you, Chair Schwartz and Commissioners.

00:15:30,600	So, uh, this next regular agenda item comes to us from Silver Ranch 18 LLLP who are requesting a number of things which we’ll all see together here, including a major subdivision final plant titled Silver Ranch Fifth Edition, along with an accompanying zoning map amendment from the Agricultural, uh, zoning district to the RM 20 residential zoning district as well as another portion going from a agricultural to a PUD or planned unit development. There’s also, as you can see there.

00:15:50,400	Uh, on the screens before you, the, the yellow outline is the uh area of the final plant as well as the zoning map Amendment. The two dashed blue lines there are in annexation request, um, in the staff report you’ll see two annexation project titles, that’s more so for staff’s record keeping, but they are the same request in the

00:16:08,000	annexation ordinance that was uh the draft version in your staff report as well. So this project is located kind of on the east northeast side of Bismarck north of 43rd Avenue east of Silver Boulevard and along future extensions of Davis Drive and Halverson Avenue, as you can see there on the screens, uh, this proposed

00:16:27,130	subdivision and zoning map amendment portion of the project, which consists of 136 6 lots in 6 blocks, uh, with an area of about 42.7 acres, give or take, the annexation portion of the project is approximately 14.8 acres.

00:16:47,730	I will point out a typo in the staff report on the front page of the staff report, it says the annexation is about 12. Uh, for, I believe, uh, acres there that is incorrect. The annexation ordinance does have the correct 14.8 acres, um, so then.

00:17:08,930	The zoning map amendment consists of two parts, as I mentioned, one going from the agricultural to the RM 20, that is for lots one block 1 and block 2 block 2, Silver ranch 5th edition, as you can see on the Northwest, uh, side of the image on the screen there, and then the the rest of it. of Silver Ranch Fifth edition would be that PUD or planned unit development.

00:17:27,600	The annexation request, as you can see part of it here comes in two parts. The first part, this one here is lots 20 through 27 B block 3 as well as lot 44, block 4, and lots 32 through 34 of Block 5 Silver ranch 5th edition, and if we go to the other annexation there, that portion is, uh, lots 13 through 15, block 8, lot.

00:17:51,530	Block 14, uh, Silver Ranch 3rd edition, as well as lot one, block one and lot 1, block 2, Silver ranch 5th edition and of course all the adjoining rights of way of the aforementioned lots and blocks.

00:18:14,700	So this uh land generally speaking is uh surrounded on the northeast and south side uh by undeveloped or agricultural land and on the west side there is uh other portions of the Silver Ranch neighborhood, so generally speaking, residential in nature with some parks and things like that as well.

00:18:32,070	The latte area is identified in the future land use plan as urban neighborhood and parks and open space, depending on the exact location and these areas are generally described as places for quiet and. enjoyment of home life and areas kept largely in a natural state providing uh various important functions for the community, respectively for those two different designations.

00:18:56,130	The public was duly notified of this request via publications in the Bismarck Tribune on May 16th and 23rd and 12 postcards were mailed to owners of nearby properties on May 17th, uh, to my knowledge, staff has not received any formal written comments regarding this request prior to this hearing. Staff. receive one inquiry about asking some additional questions, asking for information, but this did not result in a formal comment as far as I’m aware.

00:19:15,270	So as a cumulative result of all the findings contained in the staff reports, City of Bismarck staff find that the proposed major subdivision final plat and accompanying zoning map amendment and annexations will not adversely impact public health, safety, and general welfare, and that they are generally consistent with the comprehensive plan, Bismarck Code of ordinances and relevant. State law.

00:19:37,830	Therefore, staff recommends approval of the major subdivision final platt titled Silver ranch 5th edition, as well as approval of the accompanying zoning map amendments from the A Agricultural District to the RM20 residential district on Lot 1, block 1, and Lot 1, block 2, Silver E Fifth Edition and from the Agricultural 2 APUD for the remaining lots and blocks of Silver Ranch 5th

00:19:58,000	edition, as well as uh approval of the parts of Silver ranch 3rd and Silver Ranch 5th edition described in the draft annexation ordinance. Does the Commission have any questions for me at this time? Comm questions for Isaac. Mr.

00:20:19,630	Michelle Isaac, can you speak to, I guess the parks in Iraq, open space policy and and where we’re at with that. Concept as it relates to this development? Sure, thank you, Comm Schell Chair Schwartz and Commissioners. There are ongoing discussions with all, you know, urban subdivision plots between the Parks and Recreation District and the developers in this particular one, there is a memorandum of understanding between the developer and the parks and

00:20:40,130	recreation District as well as uh a parks and trail master plan. So while some things could still change during the development process, generally speaking, it is my understanding that Parks staff are comfortable with what is being presented so far, so long as they’re kept in the loop if things change.

00:20:59,600	Perhaps the applicant or their representative can speak more to that though. OK, thank you. Thank you, Comm Schell. Comm, is, any additional questions for Isaac? I’m not seeing or hearing any Isaac. Thank you. This is a public hearing, and with that I will open the public hearing, and I see Landon is stepping up as a representative.

00:21:22,000	Thank you again, Sher Schwartz. Yes, Lanon Amler, Schwarzene Engineering, representing Investcore in this. Um, yeah, just to get into a little bit more detail from what uh Isaac presented the, the PUD here is a, is a target for 55 plus community, uh, some of the PUD aspects of it, of course, is we’re shrinking down

00:21:36,570	a lot size a little bit, um, really kind of targeting really what the what the city is is looking for in their future zoning ordinance. So we’re these lots are getting a little bit smaller, a little less depth, a little more coverage, um, really going to allow that for that slab on grade building

00:21:49,770	that people are are trying for now, particularly the 55 plus. Community where they’re eliminating as many stairs as we can, um, the community itself will be, they have a lot of amenities together.

00:22:04,870	There is one of these laws that will be designated for a community center, pickleball, pool, mail delivery, all that kind of thing that uh that actually will be owned communally so the people who own the lots themselves actually will own the community center as well.

00:22:18,100	Um, we are working with Park District, of course, there is that existing park plan, of course, that’s kind of a moving target, but there is some designated park area south of here. We’re also working with them to sort of expand their trail network, have that within. the stormwater ponds, leaving them room to to have some trails that would work for the public as well, but then for the community as large as well.

00:22:32,300	Um, there’s also an area that we have a traile through sort of the middle of this area so that the the the homes that are a little further away will have a little easier access to that community center.

00:22:45,700	Um, along with that community center, you know, typically that would be something that’s maybe in a CG or a CA zoning, uh, we’re putting into, into the zoning, um, in particular for, for the landscaping aspect of it, you know, typically when we have a commercial use like that, we’re looking for a buffering situation where you’re you’re keeping people separate from that use so they don’t really see it, they don’t have to hear, but, but in a situation that we

00:22:57,270	want it to be more inviting, so the the landscaping aspect of what we’re trying to get rid of in the sense that people have easier access to it. Uh, I can certainly answer any questions if you have them, Commissioners, questions for Landon.

00:23:15,530	Commissioner’s in landing does this when it’s completed, this will have 2 access points, right? In and out. Went to the West and went to the Comm. So yeah, first phase is a very, very small phase really the intent is just to get the clubhouse construction started and only 3 or 4 other lots along with that as we move into phase two, it’s likely that that second access point would

00:23:32,300	be coming up on the north part of of the thing go patch back into the Silver ranch 3rd, uh, that’s that other part of this annexation that we were asking for tonight, so it’ll have some connectivity at that point. Thank you. Thank you, Commissioners and Commissioners, additional questions. Comm Schell.

00:23:51,600	Laing, can you identify with the owners will be of the stormwater and drainage easement parcels that are part of this plat. Thank you, Mr.cell. So at, at this point, uh, it still would be the HOA.

00:24:07,600	There are still discussions ongoing with the, with the, the parks department to see if they’d be willing to take over ownership on them since there’s a possibility that they would be building trails on them. That’s still a bit of a moving target at this point though.

00:24:21,270	OK, maybe a, a follow up if, if you may, um, is the HOA specific to Silver Ranch Fifth, or is it the HOA for for all of silver Ranch or Silver Ranch 5th and 4th and 3rd. He maybe elaborate on that piece of it too. Thank you, Commission. So there’s obviously an overarching HA for the silver ranch area because there are some. existing uh storm water deposit that are owned by, by that group, um, this would be its own HOA actually.

00:24:34,070	This is very specific to this area, to this PUD, uh, wouldn’t probably include those two RM lots that are being zoned here as well would just be to be zoned, uh, our PD lots. OK, thank you. Thank you, Comm Schell. Commissioners, additional question for Landis. Landed, thank you. Thank you.

00:24:53,800	With that, the podium is open for others that would care to address this agenda item. And I’m not seeing, you hearing any. So, with that, I’m gonna close the public hearing. Isaac, do you have any additional comments? Not at this time. Thank you, thank you. So with that commissioners, we have a request for a final plat, a zoning map amendment and two annexation requests.

00:25:18,630	Staff recommendation is to approve all four. What are your wishes? Motion to app to approve. We have a motion to approve from Comm Johnson 2 and a second from Comm Sivak. Any additional discussion. And I’m not seeing or hearing any, so with that, Sarah, would you please call roll? Mr. Wangan? Yes. Comm Seivak. Yes, Comm Johnson, Comm Lukins. Yes.

00:25:52,070	Comm Schell, Comm Schmitz, Yes. Comm resent Chair Schwartz. Yes, the motion is approved. With that, we’ll move on to item D in our regular agenda. Northern sky’s 2nd edition, 1st relatt and uh Block one. Block 2 lot 1, and I believe Lauren is going to provide us with staff report this evening.

00:26:18,730	Uh, good evening, Chair Schwartz and Commissioners Wil Wilmont development LLC is requesting approval of an annexation on Lap one, block 2, Northern sky, 2nd edition First Replat. The project area is located in northwest Bismarck in the northwest corner of North Washington Street and Ash Cooley Drive on the north side of Wilkinson Place, um, this annexation request is associated with two special use

00:26:42,300	permits, um. That you can see on your agenda is the next request, um, and this annexation or those special use permits would be to allow two drive-throughs in conjunction with restaurants on this lot in order to connect to municipal services for those proposed uses, the property would need to be annexed.

00:27:08,400	The current annexation request, um, as you see before you is only for lot one. The other lot’s within the subdivision will is are not part of the annexation. Um, however, those will be annexed when development of the properties occur or by February 25, 2030 as per development agreement between the city and current property owner, whichever comes first.

00:27:31,400	Um, staff will note that the applicant would like to adjust the boundaries of this specific annexation request, um, and has requested that this item be continued in order to facilitate that. Annexations do not typically have a public hearing before the planning and zoning commission.

00:27:54,370	However, for 4 postcards, uh, associated again with those special use permits were mailed to the owners of nearby properties on May 17th. Um Additionally, Hake Creek Township was notified of this request. Uh, the public will be notified of this request, um, before it’s heard by the city commission, um, per various ordinance regulations and century code requirements.

00:28:22,000	Um, to my knowledge, staff is not received any formal comments regarding this request, um, it was evaluated according to standards contained within the comprehensive plan Bismarcko of Ordinances and relevant state law, the proposed annexation area incorporates lands, uh, that are within the urban service. That are within the urban service area boundary and has been designated as expansion priority 2.

00:28:44,400	The city of Bismarck and our other agencies would be able to provide necessary public services, facilities and programs to serve any development allowed by the annexation at the time the property is developed.

00:29:09,100	The pro the area proposed for annexation is clearly contiguous to existing corporate boundaries with more than 20% considered to be contiguous, um, I will note that the creation of any new lots within the city of Bismarck is subject to development capital charges for municipal utilities, um, this annexation request would also trigger the health and abeyance costs for the regional stormwater improvements and the construction of North Washington Street. Capital utility charges and any health in abeyance costs would be due prior toreation of the annexation itself.

00:29:35,130	As a result of all findings contained within the staff report. Staff find that the proposed annexation would not adversely impact the public health safety and general welfare is consistent with comprehensive plan, code of ordinances, and relevant state law.

00:29:57,630	As a result of all findings contained within the staff, staff recommends continuation of the annexation of lot one, block 2, Northern sky, 2nd edition First Rep. Do you have any questions? Commissioner’s questions forlorn. I’m not seeing or hearing, hearing any alarm. Thank you. Thank you. Uh, this is This is a request for an annexation, uh, final consideration, so there is not a public hearing involved, um. I don’t know, uh, Ben.

00:30:29,070	Since this is a final, since this is final consideration, there is not a public hearing, correct? Sure, that’s correct, uh, as part of the process for annexation, the public hearing, there’s not necessarily a public, there isn’t a public hearing at Planning and Zoning Commission, but one will occur at the city commission. OK.

00:30:46,670	land and I don’t think you need to. All right. So Comm staffer recommends continuing this agenda item. What are your wishes? Move to continue. We have a motion to continue from Comm Wain. A second from Comm Zent. Any discussion? And I’m not seeing or hearing any. Sarah, would you please call Roll? Comm Johnson.

00:31:17,130	Comm Schmitz, Comm Lukins. Yes. Comm Schell, Yes, Comm Seva, Comm W Wagen, Comm Zent. Yes, Chair Schwartz. Yes, motion is approved. We’ll move on to item E in our regular agenda, which is once again northern sky’s 2nd edition, first replant, Block 2 lot 1, and Lauren will once again provide us with staff briefing on this.

00:31:43,370	Uh, good evening, Chair Schwartz and Commissioners again, Wilman Development LLC is requesting approval of two specially use permits to allow drive-throughs in conjunction with restaurants on that one block to Northern Sky, 2nd edition, 1st replat Project area again is located in Northwest Bismarck, in the northwest corner of North Washington Street in Ashculie on the north side of Wilkinson

00:32:08,070	Place. The project area is zone CG commercial drive-throughs are permitted within the CG. Commercial district as a special use with approval by the planning and zoning Commission. Jason uses include offices and a convenience store to the north and development undeveloped commercial property to the south across Wilkinson Place, uh.

00:32:34,530	Additional undeveloped commercial property and horizon Middle School to the West and undeveloped commercial property offices and single and family residential to the east across North Washington Street. The property has been identified as community mixed use in the future land use plan.

00:32:59,130	Um, the proposed restaurants, a coffee shop, and a fast food restaurant would be located within the same building based on the exhibits included in the agenda uh for this item. Coffee shop would be located on the west side of the building and the fast food restaurant would be located on the east. The proposed uses would require connection to municipal services in order to connect to municipal services, annexation of the property would be required.

00:33:19,870	The applicant has submitted an annexation petition for this property. However, they have requested additional time for that request in order to adjust the boundaries of the property proposed to be annexed. Um, the legal description associated with that with the special use permits would be updated to reflect any changes associated with that update to the law boundary.

00:33:40,200	He Creek Township was notified of this request on May 6th. Additionally, the public was, uh, duly notified of the request, a notice was published in the Bismarck Tribune on May 16th and 23rd and 4 postcards were mailed to owners of adjacent properties. Uh, hey Creek.

00:34:03,300	Uh, staff have not received a response from Hay Creek Township at this time, uh, additionally, staff have not received any public comments regarding this request. The request was accorded or was evaluated according to standards contained within the comprehensive plan, Code of Ordinances and relevant state law based on the documentsinted with the, with regard to the special use permit for a drive-through in conjunction with the coffee shop, all associated requirements would

00:34:25,730	be met. Based on the documents submitted with regard to the special use permit for a drive-through in conjunction with the fast food restaurant, most of the associated requirements would be met. The applicant has requested a waiver from the 12 stacking space requirement to reduce it from 12 spaces to 3.

00:34:47,330	According to the applicant, the function of the proposed drive-through is different from a standard drive-through as the message board identified on the exhibit for this restaurant would not permit ordering. All orders would be phoned in or done via the internet prior to arrival.

00:35:08,330	Staff is supportive of this waiver on the condition that the drive-through is configured as proposed in all orders would be placed prior to arrival. As a result of all findings contained in the staff report, Staff find that the proposed specially use permits would not adversely impact the public health, safety in general welfare and is consistent with the comprehensive plan, code of ordinances, and relevant state law.

00:35:28,630	Therefore, his staff recommends approval of the two special use permits for a coffee shop and a fast food drive or fast food restaurant on lot one, block 2 Northern Sky, 2nd edition First Replat, including granting a waiver to reduce the required stacking spaces from 12 to 3.

00:35:51,700	Um, with the condition that the special use permits do not become effective until annexation of the property occurs. Do you have any questions for me? Commissioner’s questions forlorn. I’m not seeing or hearing any more. Thank you. Thank you. This is a public hearing. I will open the public hearing and ask either the owner or representative to uh speak to this agenda. Thank you, Chair Schwartz again.

00:36:12,900	Um, yeah, just add a little bit onto to what Lorna had presented to you. uh, we are working with the C right now to break off that piece of land that would fit this, this particular construction, we’ve submitted the lot modification to the city that has to go through its process as well, um, but we’d

00:36:25,730	be tying the annexation to that, um, when you spoke about the reduction of the 12 spaces to 3, unusual around here a little bit, but there are a couple of places. in town that it’s already happened.

00:36:39,600	I’m sure you’ve seen them where it’s where it’s simply a pickup window only, there’s no ordering kiosk or anything like that. You order ahead and you’re just there to pick it up. Um, we’ve had that approved on some other projects. We’re looking just for the same, uh, same type of use right here. But I can certainly answer any questions if you have them. Comm questions for Landon. Mr.

00:36:57,430	Michelle Land in the the concept that the online ordering only, but there’s still a message board, um, for that vehicle as they drive up. Can you maybe just explain the function of that message board, what, what it’s there to do or what it’s there to not do. Sure, Comm, thanks. Um, yeah, so typically you would have that extra board there.

00:37:09,700	It could serve a number of purposes, additional advertising, of course, um, occasionally when you pull up to a space, they, you know, they don’t realize you’re there and you need to call in physically.

00:37:22,000	There’s they’ll be, they’re having their number of things like there a way to contact the, the interior of the building to say, hey, I’m here to pick up my food. Just, uh, basically a backup for any uses there. Mr. Michelle. So, so is that an electronic message board that they could order from? Is that what you’re saying? No, would not be allowed on there.

00:37:39,600	It would only be for, for pickup and like I say, for additional advertising, most likely. OK. Thank you. Thank you, Comm Schell. Commissioners, additional questions for Laya. Landon, are you comfortable with the, uh, 3 stack there. I mean, uh, what could, I’m wondering what happens if the place is a very popular place and all of a sudden you’ve got lots of cars lined up out there.

00:38:01,270	Will it end up going out into the street or Yeah shores, I mean, that’s certainly a possibility. I they don’t typically tend to get that busy around here. There are a couple of spaces around town if you, if you drive around, take a look, they don’t tend to fill up that much.

00:38:14,300	Um, it’s not really thought of as a, as a place for for a driver. It’s just really that, that additional benefit that they have. We wouldn’t anticipate that it’s going to be backing up into the, the right of way. Any contingency for that if it does happen. At that point, they, they, they’ll have to make some contingencies.

00:38:29,570	OK, thank you. Commissioner’s additional questions. I’m not seeing or hearing anyone. Thank you. With that, the podium is open for others that would care to address this agenda item. And I am not seeing or hearing any, so with that, I’m going to close the public hearing, uh, Lauren, do you have any additional comments? No additional comments. Thank you.

00:38:53,630	All right, thank you. With that Commissioners, this is, uh, Request for uh 2 special use permits and uh staff recommendation is to approve both. What are your wishes? Motion to approve. We have a motion to approve from Comm Johnson. 2 from Comm Schmitz. Any additional discussion? And I’m not seeing or hearing any.

00:39:21,600	Sarah, would you please call roll? Mr. Wangan. Yes, Comm Johnson. Yes, Comm Seva. Yes, Comm Lukins. Yes. Comm Schell, Comm Schmitz, yes, Comm Zent. Yes, Chair Schwartz. Yes, the motion is approved. With that, we’ll move on to item number 5 in our regular agenda, which is Metalark.

00:39:52,870	common commercial 11th edition and once again, Lauren is going to provide us with staff report. Good evening again, Chair Schwartz and Commissioners ABJ Holdings LLC is requesting approval, approval of a minor subdivision final plot titled Meadowlark Commercial 11th edition. The proposed plot is a replat of lot 2, block 1, Meadowlark Commercial 9th edition and would create 9 lots. The project area includes 2.

00:40:21,230	9 acres and is located in north central Bismarck, east of State Street, north of Forty-third Avenue northeast on the east side of North 19th Street. The project areas surrounded by undeveloped property to the north, south and east in a mix of undeveloped commercial and multi-family residential properties to the west.

00:40:43,130	The property has been identified as community mixed-use in parks and open space in the future land use plan. The community mixed-use areas or places of commerce, employment, and residence, whereas the, uh, Parks and open space areas are kept in a largely natural state. The public was duly notified of this request.

00:41:05,470	A notice was published in the Bismarck Tribune on May 16th and 23rd and six postcards were mailed to the owners of nearby properties on May 17th. To my knowledge, the staff has not received any public comments regarding this request. The request was evaluated according to standards contained in the Comprehensive plan quote of Ordinances and relevant state law. The applicant has requested a waiver from subdivision requirements for minimum lot area requirements for lots 1 and 2.

00:41:30,470	The two lots are under the 7000 square foot minimum lot area requirement for the CA commercial zoning district. The applicant has noted that portions of the underlying parcel are unbuildable due to grade changes and flood weight constraints which limit the available space for individual lots. City of Bismarck staff find that this justification is valid.

00:41:54,600	All additional dimensional standard requirements have been met. The creation of any new lots in the city of Bismarck is subject to development capital charges for municipal utilities. The underlying parcel is currently or is vested for 2-inch meter capacity. The plotting action would require that each of the 9 commercial lots be vested at a 2-inch capacity.

00:42:18,070	However, it previously approved site plan for this parcel indicated that each building lot would be, uh, would require a 3/4 inch meter, the city has. discussed entering into a development agreement with the owner, stating that each lot would have a 3/4 inch busting instead of the 2-inch vesting, as would typically be required.

00:42:40,470	The resulting capital charge resulting from this update would be due prior to recordation of the plat, along with a sign development agreement. This plotting action and development agreement would supersede the requirement in the site plan approval letter for when the utility capital charge payment would be due.

00:43:05,070	As a result of all findings contained in the staff Report City Bismarck staff find that the proposed minor subdivisioninplat would not adversely impact the public health, safety in general, welfare is consistent with the comprehensive plan, code of ordinances, and relevant state law.

00:43:29,670	Therefore, staff recommends approval of the minor subdivision final platform for Meadowlark commercial, 11th edition, including granting a a subdivision waiver to allow reduced slot areas for lots 1 and 2 with the condition not assigned development agreement for you for utility capital charge payment will be due prior to gradation of the plat. Do you have any questions for me? Comm questions for Lauren. I’m not seeing here any Lauren, thank you. Thank you.

00:43:50,500	This is a public care, and with that, I will open the public hearing, um. And I would ask for either the owner or representative and landon is stepping up, so. Please proceed landing. Thank you, Jerry Schwartz. Yes, A Schwarzeneen engineering, representing ABG Holdings in this, um, yeah, this is a project I, I think you’re seeing a little bit more of.

00:44:10,200	You’ve seen a couple of them lately where we’re getting these larger commercial lasts and people want to break them down and sell off these smaller office buildings, commercial buildings, things like that, and then just do sort of shared utilities, shared parking areas, shared paving, things like that, um, another opportunity to do so.

00:44:26,200	It’s in a commercially zoned area, that part is, is already in place. Um, we did ask for a waiver concerning a couple of the laws that became substant. size, um, about 1/3 of the lot is basically unbuildable due to some floodway issues and then in addition to that, probably another almost up to half of the line is on Billilable just because of a steep slope on the

00:44:40,170	on the east side of this, if anybody’s been up in the area, you’ll, you’ll see the slope there. Uh, it’s part of the reason that the, the, the trail for the Parks district is actually on the west side of the proper rather rather than down in that area, um, so that’s what we’re asking for

00:44:52,330	here tonight, but I can answer your questions if you have them, Commissioners, questions for Laon. I’m not seeing or hearing any landing. 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 anybody stepping up.

00:45:11,700	So with that, I’m gonna close the public hearing, uh, Lauren, do you have any additional comments? No. All right. Thank you. With that, Commissioners, this is a request for a minor plat and staff’s recommendation is to approve with conditions, what are your wishes? Move to approve with conditions. We have a motion from Comm Logan. We have a second from Comm Zen.

00:45:36,670	Any additional discussion? And I’m not seeing or hearing any. Sarah, would you please call roll? Comm Sak. Yes. Comm Johnson, yes, Comm Wygan, yes. Comm Lukins. Yes Comm Schell, Comm Schmitz. Comm Zent Char Schwartz. Yes, the motion is approved.

00:46:04,930	With that, we will move on to item G and our regular agenda, which is so on 3rd edition, and Isaac is going to present us with staff briefing. Yes, thank you again, Chair Schwartz and Commissioners. So this next regular agenda item comes to us from Satler Homes Inc.

00:46:24,830	who is requesting approval of some revisions to the minor subdivision final Platt titled Southland 3rd edition and a zoning map Amendment from the RM 15 residential district to the PUD plan unit development. So if you’re feeling any deja vu, we did see this at our at your meeting, uh, last month, but they’re requesting some revisions which I’ll detail in a second after uh some general background information just to make sure we’re all still. on the same page.

00:46:38,930	So as you can see on the screens before you, this product is located in South Bismarck east of South Washington Street on the uh west of Peachtree Drive and on the south side of Santa Fe Avenue there, the project still consists of about 5.

00:46:57,900	87 acres and the proposed change would go from the existing 7 lots in one block to a proposed 28 lots in one block as part of the replat. The P PUD request comes from a request from the applicants to facilitate some single family home.

00:47:16,330	development on lots that are of a size and width that are below the existing dimensional standards for R5 or R10, uh, residential districts and as you can see on the screens there now, the surrounding glands to the north, east and south is a variety of different kinds of residentially zoned land and then to the West there, we have some uh partially developed commercial land as well, and the future land use plan calls this area to be neighborhood

00:47:36,300	mixed use, which are generally. described as areas for social and commercial gathering spaces for the immediate surrounding residential areas. So previously, the public was notified of this request via publications in the Bismarck Tribune on April 11th and 18th and 41 postcards were mailed to owners of nearby properties on April 11, 2025 as well, and at

00:47:58,670	the conclusion of your hearing on April 23, 2025, the planning and zoning Commission voted to recommend approval of this plant and zoning. with the condition that the developer enter a utility agreement with the city.

00:48:20,000	So then, after the planning and zoning Commission recommended approval with that condition, but before the city commission considered this item, the applicant requested some changes to the, to some easements on the plat which we’ll see in a second here, um. In order to navigate and minimize some conflicts with other different utilities in the area.

00:48:39,330	So as you can see on the the screens there, they wanted to shift a a water and sewer easements from the east side of some lots there to the west side of those lots extended uh an easement on the east side of the Platte a little further to the south, and then all of those highlighted easements they proposed reducing the width of them from 23 ft to 22 ft, uh, in addition to this, they then

00:48:58,470	wanted to reduce the proposed minimum front yard setback from 23 ft to 22 ft as well. So, uh, as a matter of procedure, this is coming back to the planning and zoning commission so that the version the City Commission will ultimately see is the same as the version the planning and Zoning commission recommends

00:49:15,600	approval of. That way we don’t run into issues of, you know, one commission voting for something that technically was not recommended approval of by this board, so that’s the reason that’s coming back here, uh, today, and then the public was notified again.

00:49:32,530	of this request via publications in the Bismarck Tribune on May 16th and 23rd, and an additional 41 postcards were mailed to owners of nearby properties on May 17th of 2025. Uh, to my knowledge, staff has not received any written comments or additional inquiries regarding this request in between that hearing and this one, and as a result of all the findings contained in the staff report before you, City of

00:49:51,330	Bismarck staff find that the proposed revisions to the minor subdivision final plant and accompanying zoning map amendment would not. adversely impact public health, safety, and general welfare, and that they are still generally consistent with the comprehensive plan, Bismarck Code of ordinances and relevant state law.

00:50:12,170	Therefore, staff recommends approval of the revisions of the minor subdivision final plot titled South on 3rd edition, as well as approval of the zoning map amendment from the RM-15 residential district to the planned unit development with the previously placed condition that a utility agreement between the city and the developer is. accepted prior to recordation of the plant.

00:50:32,400	Does the Commission have any questions for me at this time, Commissioners. Questions for Isaac. I’m not seeing or hearing any. Thank you. With that, this is a public hearing. I will open the public hearing and ask either the owner or a representative to step to the podium.

00:50:54,400	Like yougener Schwartz, uh, yes representing Sadler Holmes on this one, yeah, what we’re looking for here basically is a conceptually, we’re staying the same as what we were last month. Just made some adjustments to easement locations, um, also reduce that front yard setback a little bit.

00:51:10,870	So those projects we’re, we’re trying to make an attempt to get reasonable housing, affordable housing in the city, which is becoming more and more difficult. So what we’ve done is, uh, shrink the lots on a little bit, shrink some of those setbacks down and, and hopefully we can achieve that with this project. I can answer any questions if you have them. Commissioners, question for Landon. Comm Schell, I asked it last month.

00:51:26,900	I’ll ask it again, Landon, just to confirm the, the developer finds that utility agreement as a satisfactory condition to be placed on this approval. Comm Schell, yes, absolutely. OK. Thank you. Thank you, Comm Schell. Comm, additional questions. I’m not seeing any landing. Thank you. Thank you. Without the podium is open for others that would care to address this agenda item.

00:51:48,930	And I’m not seeing or hearing anybody stepping up. So with that, I’m gonna close the public hearing, um, Isaac, any additional comments? Uh, none of this time share. Thank you, thank you. Uh, with that commissioners, this is a request for a minor plat and a zoning map amendment and both uh staff recommends approval with conditions.

00:52:12,270	What are your wishes? Motion to approve with conditions on both. A motion from Comm Zen to approve with conditions. Second, we have a 2nd from Comm Seva. Any additional discussion, commissioners. And I’m not saying you’re hearing any Sarah, please call roll. Comm Johnson, Comm Schmitz, yes. Mr Lukins. Yes. Comm Schell. Yes, Comm Seva, yes, Comm Wangan, Comm Zent Chair Schwartz.

00:52:44,900	Yes, the motion is approved. With that, we’ve come to the end of our regular agenda, and I will ask, is there any other business for the good of the commission this evening? And nobody’s jumping up, so with that, I’m gonna Adjourn this evening’s meeting. Our next meeting of the planning and zoning Commission is scheduled for June 25th. And