00:00:02,370	I’d like to welcome everyone in the Baker meeting room and those online this evening to this meeting in the Bismarck Planning and Zoning Commission, and I can tell we’ve got some important items on the agenda this evening just by the number of folks that are, are, are joining us and it’s good to see

00:00:18,870	So with that, I’m gonna call the meeting to order and uh the, the, uh, first item on our agenda and let me get this squared away is public comment. We’re, we’re changing things up just a little bit to match. We should call a roll. Uh, thank you.

00:00:40,800	Thank you, Comm Schmitz Sarah, would you please call roll? Comm Bittner here. Comm Field, Comm Johnson, Comm Larson Lukins, here Schell here, Schmitz, here Seach here. Wagen zent Schwartz. Here, thank you. And thank you. Something new on the agenda, and I get ahead of myself.

00:01:10,630	Um, with that, we’re going to, uh, open up this evening with uh public comment and Comm Schmitz is very familiar with this because it happens with the city commission meetings all the time, and we’re going to adapt the same format with this meeting. So with that, what we’d like it to be is about if need be, 30 minutes long.

00:01:28,370	Everybody would get a 5 minute chance to speak and, uh, the way we would like to uh run it would be that uh you can comment on anything in the previous meeting. which would have been on the 2 with the 23rd of July. or anything in this meeting that does not have a public hearing.

00:01:54,070	and so, uh, with that, and if you, when you come up to the podium, if you would sign the log and then indicate what item you’re going to speak to, that would be wonderful and introduce yourself. So with that, I’ll open up, I’ll open the public comment period.

00:02:13,530	If there are others that if, if anyone would care to step to the podium and speak, they are welcome to at this time. Good evening. Good evening. Hello.

00:02:41,470	Uh, my name’s Holly Murphy, and I live in the south end of Bismarck, um, kind of on the corner of Washington and Meridian, a little bit to the south of that. Um, I’m here to speak on the rezoning of the South Meadows. um, uh, in Holly, there’s going to be a public hearing on that. If you want to wait until that time to speak. OK. Perfect. And you’ll, you’ll, you’ll have an opportunity to do that. That would be wonderful. Thank you. OK.

00:03:00,100	Thank you. No, um, my name’s Spencer Ovested. I live in Bismarck, and I’m here to support the chickens ordinance. Um, uh, Spencer. Yes. Did I get that right? There will be a public hearing. Oh, on that So you can, you can step up at that time.

00:03:28,900	Um, if there is a public hearing, if you look on the agenda and there is a public hearing for this evening. You don’t need to step up now. You can wait until we get to that agenda item and speak to it then.

00:03:47,700	If you see something on either this agenda that does not have a public hearing and you’d like to speak to, then please, please feel free to step forward or if there was something on last month’s agenda, and it could be anything that you’d like to address, then you’re certainly welcome to step up the podium for that. that for, uh, excuse me.

00:04:20,800	That would Yes, Holly, please, please correct me if I’m wrong, but I, I am here to speak on the um South Meadows Edition. but there was also a South Meadows edition on the on the corner of Burleigh and Washington that you guys heard, uh, previously. and and I believe that has a lot to do with what we’re going to speak on today on the current South Meadows edition.

00:04:42,170	They’re both rezoning for apartment buildings. in the same neighborhood, um so, Kate, you’re welcome to speak. It is now the time If you’d like to, or you can save it and tell.

00:04:59,470	Yeah, uh, my concern is on both, um, I know you guys already heard, uh, the rezoning on the corner of Washington and Burleigh, and I guess my biggest concern is living in the neighborhood and there’s a lot of us here, I believe.

00:05:17,470	There was no notice that there was a hearing on the rezoning, um, they were supposed to be letters or postcards mailed out and as a group, um, we did not receive that, uh, we did prepare a letter to the commission that we sent off about a month and a half ago requesting a response on why we weren’t notified of the rezoning of that in particular, um, I think you’re, you’re aware of the, the corner lot that I’m speaking of in the South Meadows.

00:05:33,430	Yes, and it was, the last meeting was for uh future land use Amendment in a zoning map amendment and uh the item on this evening’s agenda is for actually rezoning the property. OK. Cause there’s two lots that, that we’re talking about that are rezoning for apartments. One is on the corner of Burleigh and Washington and was on Washington and Meridian.

00:05:56,900	Meridian. So there’s two separate lots that we’re looking at rezoning and putting 160plex unit and 180 plex unit. And I think the concern is the same, um, for both lots and the rezoning from the group of us that have purchased our homes, the property values of our homes, um I, I’m talking about

00:06:16,100	the, the roundabout that we put in all the road construction, the congestion down there, um, I think we need to address, uh the amount of kids that are gonna be. in these units, um, trying to put them all in Solheim.

00:06:35,330	I mean, I think we have about 10 or 12 giant concerns of putting another 160 apartment complex on these two lots, and so, uh, I wanted to voice my concern and I don’t know if this is the proper time.

00:06:54,470	I apologize if it’s not, but I’m concerned on both lots, um, in the city, uh, when we all bought our property, both of those were zoned for single family twin homes or single family homes. um, when we all purchased that, a lot of money was paid as a group and um I, I’m very concerned about more apartment complexes going up, not to mention all the uh apartment complexes on Washington alone near, um, that new gas station as well.

00:07:14,470	I think there’s 700 and some units in the last year just on that south end of Washington. So. I would love to answer any questions you guys might have for me.

00:07:30,870	I know there’s a lot of other people that are going to speak on this, but Commissioner’s questions, I just want I just want to get clarification because I, I also live down there, so I know where we’re talking about, but you’re talking about the South east corner of Washington and Burleigh. Correct. OK. I just want to, no, no. Well, Southwest to the west one that. Well, the Southwest has already got apartments on it. Meridian and Meridium. I understand that.

00:07:53,970	That’s south. No. No, no, no, no.al, salt of Burleig on meridian. And West of Washington. And west of Washington. I understand that because that’s the, that’s the item today. That’s the item today. I’m trying to get the picture of which other parcel it is.

00:08:10,530	OK Just dead south of the border. It’s actually off the corner. OK, thank you for clarification. I just wanted to make sure Bner stood which piece that was. Thank you. Thank you, Comm Schmitz. Any other questions, Commissioners for Holly? I’m not seeing or hearing any Holly, thank you. Thank you.

00:08:28,900	With that, the podium is open for others that would care to step up for this, uh, public period Um I’m gonna make a second call All right, and a third call and uh with that we’ll close the public comment period and we’ll move on with our agenda for this evening.

00:08:59,370	The next item on our agenda is the consent agenda, and we have a couple of items on there. Uh, thank you. Uh, Commissioners we need approval of the, the July meeting minutes Motion to approve the minutes. We have a motion approve from Comm Zan. Second, and a second from, uh, Comm, uh.

00:09:36,270	Lukins Any additional discussion Not seeing or hearing any? Sarah, would you please call Ro? Comm Johnson? Yes, Comm Larson, Yes, Comm Lukins, Comm Schell, yes, Comm Field, Yes, Comm Schmitz, yes, Comm Seac, Yes, Comm Bittner Yes. Comm Zentur Schwartz, yes, the motion is approved. We will move on to uh the consent agenda and then for this evening. There’s a couple of items on there. It, the first one is olive tree 2 subdivision.

00:10:01,900	It’s a request for a preliminary plat and uh staff recommends a call. for a public hearing The second item is Silver ranch 3rd edition, 3rd Replat. It is a call for a zoning map amendment. and a minor subdivision final plat stafff recommends a call for public hearing for both.

00:10:24,330	and then the final item in the consent agenda is short term rentals, and it’s uh request for a zoning ordinance text amendment. and staff recommendation is to call for a public hearing. Commissioners, what are your wishes with the consent agenda for this evening.

00:10:45,730	Move to approve the consent agenda as presented for the calls for public hearing. Thank you, Comm Schmitz. We have and a second from Comm Zan. Any additional discussion Not seeing or hearing any, Sarah, would you please call roll? Comm Seac? Yes, Comm Field. Yes, Comm Johnson, yes, Comm Larson, Yes, Comm Lukins, Comm Schell, Yes, Comm Schmitz, Comm Bitner.

00:11:11,900	Yes. Comm Z Cha Schwartz. Yes, the motion is approved. With that, we will move on to our regular agenda for this evening. and the first item we have is Elkridge 4th edition and Jenny is going to provide us with staff report. Thank you. Good evening, Chair Schwartz, Comm.

00:11:36,870	Section 18 Land LLC is requesting approval of an annexation for all of Elkridge 4th edition. This request is located in north or northwest of Bismarck between North Washington Street and River Road east of Tyler Parkway and north of Frisco Way and consists of 23.65 acres.

00:11:58,370	A zoning map amendment from the Agricultural Zoning District to the R10 residential zoning District and major subdivision final plot for Elkridge. Fourth edition was approved by the Planning Commission. last month on July 23, 2025. Both again were approved by the City Commission at their meeting last night.

00:12:16,630	The city of Bismarck and other agencies would be able to provide the necessary public services and facilities and programs to serve the development allowed by the annexation. The area of the proposed annexation is contiguous to the existing corporate limits, 36% more or less of the proposed annexation perimeter adjoins corporate limits. Creation of any new lots in the city of Bismarck is subject to development capital charges for municipal utilities.

00:12:38,330	These charges would be due at the later of 3 points, plaiting, plating and annexation, establishing a water and sewer escrow or receipt of street petitions. In this case, UCCs or utility capital charges would be due when street petitions are received. Annexations do not have a public hearing before this board.

00:12:57,530	The public will be notified of this request before its hearing by the City Commission, as Will Burle County and Hay Creek Township, in accordance with provisions of Section 40, 51.205 of the North Dakota Century Code. This request was evaluated according to Stans contained within the comprehensive plan, Bismarck coordinate Bismarck Code of Ordinances and state law.

00:13:17,530	And there was a, as a result of all the findings contained in the staff report, staff find that the proposed annex ation 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 annexation of all of Elkridge Fourth edition. Do you have questions? Comm questions for Janie. I’m not seeing or hearing any, Jenny.

00:13:37,470	Thank you. Thank you. With that, I’m going to open the public hearing for this agenda item is, uh, actually, there is no public hearing. I’m sorry. This is final consideration for the annexation request, um, staff recommendation is to approve Commissioners. What are your wishes? Move to approve.

00:14:03,730	We have a motion to approve from Comm Johnson. OK. second from Comm Zan. Comm, any additional discussion? Without seeing or hearing any, Sarah, would you please call Roll. Comm Schmitz. Yes, Comm Johnson, Comm Larson, yes, Comm Lukins, yes, Comm Schell, Yes, Comm Field, Comm Seac, Yes, Comm Zent, Comm Bittner Yes. and Cha Schwartz. Yes, the motion is approved.

00:14:38,500	With that, we move on to item number B and our regular agenda, which is part of East Century Avenue and 5 2nd Street Northeast, Isaac is gonna provide us with a staff report on this item. Yes, thank you, Chair Schwartz and Commissioners.

00:14:55,500	Uh, our next regular agenda item is also an annexation, but a little different this time. Uh for this one, the city of Bismarck is requesting approval of the annexation of just the rights of way as shown on the screens before you, just the rights of way of some future portions of East Century Avenue and 5 2nd Street Northeast in conjunction

00:15:12,170	with a 2025 Ro construction project. This is located kind of on the east side of Bismarck right now, uh, north of the interstate, south of Gold Drive, and along the aforementioned future extensions of East Century Avenue and 5 2nd Street Northeast. The project area is about 10.

00:15:30,800	25 acres, give or take, and will include only the rights of way. There are no lots and blocks being requested for annexation at this time. Uh, the project includes uh previously dedicated portion of East Century Avenue adjacent to Lot 24, block 7, and lot 1, block 8 Sattler Sunrise, 6th edition, as well as other land

00:15:50,630	that was more recently purchased by the city and platted via a right of way plant that was recorded with the Burleigh County Re recorder’s Office as document number 974737, and that document was included in the staff report for your reference.

00:16:09,270	Uh, this area, as seen was included in a previous Majoor Street plan Amendment project, and that was approved by the Planning and Zoning Commission on September 25, 2024, and then by the City Commission on October 8th, 2024. Uh, the purpose of that project was to align the future plans with the then near future and now more near future.

00:16:26,530	Ro construction project, uh, the project area or the land around it is still in a largely undeveloped state and surrounded by land that is zone A Agricultural, uh, as you can see right now, the area is largely identified as being urban neighborhood in our future land use plan, which would be areas that are at this

00:16:46,600	point expected to become places that could generally be described as places for quiet enjoyment of home life with a little bit on the south there of Nehood mixed use, which is where you might expect some more commercial activity, uh, at least given current trends.

00:17:04,370	The public will be notified of this request prior to the public hearing at the citycom Commission in accordance with state law, as well as formal notifications to Burleigh County and Gibbs Township.

00:17:20,730	We did send an additional an initial letter to Gibbs Township on August 7th, but we will send an additional one, in a full accordance with the state law when that is time. As a cumulative result of all the findings contained in the staff reports before you. City Bismarck staff find that the annexation would not adversely impact public health, safety, and general welfare, as well as being consistent with the comprehensive plan, Bismarck Code of Ordinances and relevant state law.

00:17:40,630	Therefore, staff recommends approval of the annexation of the rights of Way of East Century Avenue and 5 2nd Street Northeast as shown on the screens and described in the staff report. Do you have any questions for me at this time? Commissioner’s questions for Isaac. I’m not seeing or hearing any eyes. Thank you.

00:17:57,000	With that, Comm, this is once again final consideration and uh for this annexation request and staff recommends approval. What are your wishes? Move to approve is presented Move to approve from Comm Schmitz 2nd. Se from Comm Johnson. Any additional discussion I’m not seeing or hearing any. Sarah, would you please call Roll? Comm Field? Yes, Comm Johnson.

00:18:25,370	Yes, Comm Larson, yes, Comm Bitner. Yes, Mr. Lukins, Comm Schell, Yes, Comm Schmitz, yes. Comm Seac. Comm Zent, yes, Chair Schwartz, yes, a motion is approved.

00:18:51,000	With that, we move on to item C in our regular agenda, which is Northern Pacific Edition, Block 10 lots 1 through 4, and once again, Isaac is going to provide us with staff report. Good evening again, Chair Schwartz and Commissioners for this regular agenda item, the Community Development Department is requesting approval of a zoning map amendment from the existing RM 30 residential zoning district to the DF Downtown Fringe Zoning District uh for the area as shown on the screen there, as well as a future land

00:19:09,730	use plan amendment from the existing urban Nehood designation to the downtown designation for lots 1 through 4, block 10, Northern Pacific edition, that is the uh eastern half of the bloc shown there.

00:19:29,900	This is located in central Bismarck on the west side of North 3rd Street in between East Avenue B and East Avenue C and uh this request comes after a development inquiry was brought to staff’s attention for one of the parc el s in this project area that would not be permitted with the existing zoning. So after some conversations with that landowner in particular and providing them with some options.

00:19:49,630	The chosen path forward was to request this zoning change to the DF downtown fringe district due to the adjacency, as you can see in the existing zoning there, the adjacency to already existing DF downtown fringe zoning to the east as well as to the south uh on those blocks and then to maintain consist ency with previous zoning changes to a downtown district.

00:20:09,500	Staff primarily recommend zoning changes for either half a block or a full block, uh, and in this case, uh we are requesting the eastern half of that block to be rezoned as part of this process to maintain consistency with previous projects.

00:20:27,730	Staff sent out a letter to 8 of the well, all 8 of the property owners in question here, describing what the proposed change would look like and listing as shown here, what the difference is between the exist ing and the proposed districts would look like.

00:20:44,630	This letter also invited them to an informational meeting for the property owners to ask questions in addition to providing uh staff contact information for them to reach out via phone or email at any time. A copy of that letter was provided with the staff reports, as well as this table describing the the districts that were sent and included.

00:20:59,600	Uh, in general, all of the existing uses that are there right now would still be permitted in the DF downtown Fringe District, uh, but it would provide some increased flexibility for developing other uses such as offices or or commercial things as well as increased flexibility for setback and height limits.

00:21:19,900	The requested, uh, future land use plan amendment from the Urban Nehood or UN designation to the downtown or DT designation is just to maintain some consistency between the, the zoning and the future land use plan in this case. So in addition to the notification that was sent directly to the property owners before this all even started, um, the public, uh, more broadly speaking, was notified of this request via our standard notification procedures, including Bismarck

00:21:37,170	Tribune, uh, publications on August 15th and 22nd of this year and 85 postcards were mailed to nearby property owners on August 15th as well. And to the best of my knowledge, staff have not received any formal public comments regarding this request, and as a cumulative result of all the findings contained in the staff

00:21:55,800	reports, City of Bismarck staff find that the zoning map Amendment and future land use plan Amendment would not adversely impact public health, safety, and general welfare, and that it is generally consistent with the comprehensive plan, Bismarck Code of Ordinances, and relevant state law.

00:22:14,970	Therefore, staff recommends approval of the zoning map Amendment from the RM 30 residential district to the DF Downtown Fringe District and the future land use planend from the UN urban Nehood to the DT Downtown designation for lots 1 through 4 Block 10, Northern Pacific Edition. Does the Commission have any questions for me at this time, Commissioners, questions for Isaac. I’m not seeing any Isaac. I’m Comm Larson. Yeah, thank you.

00:22:39,100	Sorry, question for you, Isaac. So the existing, um RM 30. Um-hum. Has a minimum setback of 25 ft. The new proposed downtown fringe that has a maximum setback of 25 ft. So I guess I’m wondering how that works with the existing properties.

00:23:05,070	To the best of my knowledge, um, none of the, uh, buildings would be set back far enough that they would be considered nonconforming with this, and being an older part of town buildings are, well, we’re typically built closer to the property lines, um, so as far as I’m aware, it would not put any of these structures into a non-conforming status. OK, thank you. Thank you, Comm Larson.

00:23:23,800	Commissioner’s additional questions for Isaac. Isaac, I have one question for you. In looking at the, uh, uh, differences between RM 30 and the Downtown fringe. I was wondering, and without disclosing who or what the request who the uh group is.

00:23:50,530	how or what is being done that needs, because it feels like the Downtown fringe is, is quite wide open. to almost, almost anything. So in this uh particular example, Chair Schwartz and Commissioners, there are no specific conditions or restrictions being recommended uh upon this particular area as a part of this zoning change.

00:24:13,970	So in theory, yes, someone could put an office building or commercial uh structure somewhere. There are other office buildings nearby, but the downtown fringe does not permit more intense commercial or even industrial uses.

00:24:36,430	So there is still some limitations, but not as many limitations as there are in the RM 30 residential district, which is primarily or uh well, yes, primarily residential with some exceptions for things like a church or or something like that. if that answers your question. I think it does. Thank you. Any additional questions, Commissioners? I’m not seeing or hearing any. Thank you.

00:24:54,600	This is a public hearing, and with that I will open the public hearing is either the request or a representative here to speak to this agenda item. and I guess this is being requested by the city, so, uh, Isaac has already spoke. Are there others that would care to step to the podium and address this agenda item. And I’m not seeing or hearing any. So with that, I’m going to close a public hearing.

00:25:14,870	Isaac, any additional comments? None at this time, Chair. Thank you. All right, thank you, Chair Comm, Chair, Schwartz, if I may, I could, um, maybe elaborate a little bit on, uh, Comm Larson’s question.

00:25:35,800	And so the, I have had the opportunity to confirm what Isaac stated that this would not create any nonconformities with the setbacks. Daniel, is your mic on? I believe it is. Uh, OK, I’m sorry. Uh, this would not create any non-conformities with the setbacks. All the buildings are set back from the front property line already less than 25 ft in, on this, in this area.

00:25:51,370	We do allow that, uh, and there’s something, there’s an exception in our ordinance written for, uh, pre-existing buildings and they can meet the context of the existing surroundings. Uh, so as this changes, if you wish to the Downtown Fringeland district, it would comply with those setbacks as well. Uh thank you for the clarification.

00:26:11,530	With that, Comm, uh, this is a request for a for a future land use plan amendment. which staff recommends approval and a zoning map amendment which staff recommends approval. Uh, what are your wishes I’ll move to approve. Comm Larson makes a motion to approve. Second, we have a second from Comm Johnson.

00:26:37,230	Any additional discussion? Not seeing or hearing any. Sarah, would you please call Roll? Comm Seva, yes Comm Johnson, Comm Bitner. Yes. Comm Lukins, Comm Schell, yes, Comm Schmitz, Yes, Comm Field, yes, Comm Larson. Yes, Comm Zent? Yes, Chair Schwartz. Yes, the motion is approved.

00:27:05,900	With that, we move on to item D, which is South Meadows edition, 3rd replant, Lot 1, lots 1 to 10 and Lane is going to provide us with staff report this evening. Uh, good evening, Chair Schwartz and Commissioners and Bestco Inc is requesting approval of a future land use plan amendment from the Urban Neighborhoods designation to the Nehood mixed

00:27:26,730	uses designation as well as a zoning map amendment from the R-10 residential zoning District to the RM20 residential zoning District for lots 1 through 10 Block 1 South Meadows Edition 3rd Replat. The request is located in Southwest Bismarck, south of West Burley Avenue in the southwest quadrant of the intersection of South Washington Street.

00:27:50,270	uh, and Meridian Drive. I would like to provide a clarification on the project size, um. the entire Platte area of 4.01 acres, which includes the right of way, was noted in the staff report, so that’s your gross area there. Um, the total lot area is 2.

00:28:13,630	96, so that net area, um, this request would allow the opportunity, um, for the multi-family residential uses in this area. And the density component would be related to that net area. Adjacent uses include single and two-family residential to the west and north across Meridian Drive, a public utility facility in single-family residential to the south and undeveloped single and two-family

00:28:36,070	residential to the east across South Washington Street. The property has been identified as urban Neighborhood in the future land use plan. Although the applicant has requested an amendment that would render the entire project area as neighborhood mixed use if approved.

00:28:55,800	There have been Nehood areas or places for quiet enjoyment of home life, and the neighborhood mixed-use areas are the social and commercial gathering spaces for the immediate surrounding residential areas. The public was notified of this request, a notice was published in the Bismarck Tribune on August 15th and 22nd, and 68 postcards were mailed to the owners of Purify Properties on August 15, 2025.

00:29:18,270	Sta has received several comments regarding this request. Staff has received phone calls from 3 separate individuals aimed an additional 10 comments were received. Those written comments were forwarded to the Commission prior to this meeting.

00:29:39,070	A majority of the comments both from the phone as well as the written comments were against the proposed request. These comments included concerns related to school overcrowding, traffic and safety concerns. Neighborhood character, property values, density and parking issues, noise and light pollution, increased crime potential, and increased resource need and environmental impacts. The request was evaluated according to standards contained within the Comprehensive plan, Code of Ordinances, and state law.

00:30:06,470	The applicant is proposing to amend the zoning in this area from the R10 residential zoning District, which allows single and two family residential uses to the RM20 residential zoning District, which would allow multi-family residential uses. Um, multi-family residential uses would align with the neighborhood mixed-use designation in the future land use plan rather than the urban neighborhood designation.

00:30:29,170	Um, the proposed zoning district has a minimum lot width of 60 ft, um, for all development except for row houses and townhouses for the RM district. Uh, the lot modification associated with this request would bring these lots into conformity with this dimensional requirement for a multi-family residential use.

00:30:49,530	Um, as a result of all findings contained in the staff report, City of Bismarck staff find that the proposed future land use plan Amendment and zoning map Amendment would not adversely impact public health, safety, and general welfare.

00:31:09,330	Therefore, staff recommends approval of a future land use plan amendment from the Urban Neighborhoods designation to the Nehood mixed-use designation, and a zoning map Amendment from the R10 Residential Zoning District to the RM20 residential zoning District for lots 1 through 10, block 1 South Meadows Edition, 3rd Relot with the condition, not the associated lot modification is approved prior to recreation of the zoning map Amendment.

00:31:30,630	Do you have questions for me, Commissioners? Question for Lauren Comm Schell Lan the existing zonings in R10. Can you maybe go through the history of that parcel before it was an R10 back to at least when the Platt was uh approved.

00:32:00,630	Uh do you have that? Uh, great question, Comm Schell, excuse me, uh, Commissioners, uh, this parcel or this area of land, uh, was rezoned originally from a county designation to the city agricultural Zoning District in 1976. Um, it was then rezoned in 2014 to RM-15. Um and in 2017, it was rezoned from the RM-15 to an R10 designation, which it’s currently at today. Comm Mchell proceed Thank you, Lauren.

00:32:27,470	And maybe want to just follow up, um, in terms of the number of units of this uh parcel land could support with his density. Um, how does that compare to what the applicant is, uh, proposing or do they know what they’re proposing maybe that’s not a question for you, but maybe that’s for the applicant once the public

00:32:41,000	hearing starts. But if staff knows that, I guess is that something that you can disclose? Uh I would punt that question over to the developer or the the applicant’s representative, um, specifically, uh, related to density though for compared to, um, an RM within our ordinance, uh, that can vary between 3 to 30 units.

00:33:03,600	The applicant, as stated in this request, is looking to do that 20 units per acre. Um, and I want to make sure you’re aware our ordinance is different between the RM and the R10 with how density is calculated according specifically in ordinance.

00:33:25,600	um, With the RM areas, it’s for net acre, um, whereas the R10 is grossacre, so there’s a bit of a difference there with how density is calculated according to the ordinance. Mr. Schell, thank you, Commissioner’s additional questions. Lauren, I have one question for you.

00:33:51,530	The, the proposed change makes the neighborhood mixed use, and I was a little bit confused because in the uh narrative here, it says that the Nehood mixed-use areas are for social and commercial gathering spaces for the immediate and surrounding residential areas, and I was trying to figure out how that correlated into what’s being proposed Uh, great question, uh, Chair Schwartz Commissioners.

00:34:16,630	So the urban neighborhood could permit the single family to family, even up to 4 units total is where uh the residential component typically falls for that designation. Um, if they’re looking to go beyond that, um as I said, our staff isn’t aware of that currently and would punt that question off to the applicant, but if they would go beyond that 4 units,

00:34:35,330	the neighborhood mixed use provides for multi-family uses, but it can also permit two family or even single family within that area. So if it did happen that this area didn’t develop in that Malta family. It’s still would align with any two family or single family residential uses that are currently permitted. OK.

00:34:56,800	All right, thank you. Commissioners questions Lauren, thank you. Thank you very much. With that, I’ll open up the public hearing for this evening and uh it looks like Landon is going to step up. Thank you chair Schwartz, Lana Naimler with Schwarzehagen Engineering, representing Investorp.

00:35:23,000	Um, just to add a few points on to what Lauren had presented for us here, uh, you’ll maybe a little bit of history of this as well. Um, so this was originally plotted back in in 2014, like Lan had mentioned, uh, this particular parcel was zoned RM15. It was designed for for multi-family at that time.

00:35:39,000	Uh, so when there’s infrastructure needs, um, how the streets are built, how the stormwater ponds are built. They were built according to specs at that time to handle multifamily needs in this area.

00:35:54,170	So if there’s concerns about sort of the infrastructure can’t handle this type of thing that was addressed back in 2014 when it was originally developed and originally plighted. Um, additionally, you know, we, we talk about it in this group a lot and we talk about the city commission level. Uh, we talk about affordable housing, and when we talk about affordable housing, what we’re actually saying is we need a diversity of home types.

00:36:08,000	We need something beyond just single family homes and even beyond just twin homes, um, with the RM zoning, that gives us the option, gives us a lot of options, gives us condos and town homes and row houses and and apartments as well, of course, um, at this point, we don’t know what this, what this lot is going to be.

00:36:22,800	This is just giving us the options to sort of um get maybe a a sale possibly the developer himself is not likely to build on this.

00:36:34,230	He’s probably be selling it to a builder, um, but this gives us more options to to kind of look at and say, well, we have 3 acres to work with here. What can we do on this, on this piece to to give us some more options out here. Um, additionally, sort of that, uh, that idea of, of, you know, the zoning allows for, for a certain number of units per acre, and that’s correct.

00:36:49,100	Uh, but of course it’s only also limits how much can be build term and we can’t just cover this entire lot with buildings and concrete. There are limitations to what we can do. There are height limitations. There are setback limitations, there are landscape buffering limitations.

00:37:04,970	So it, it’s not as though we can discover the sense this entire piece with the Department complexes and say, yes, we, we’ve, we’ve completed what we’re trying to do here today. Uh, the idea, of course, to make a reasonable idea of what can be handled down here.

00:37:22,530	Um, you know, there’s also this idea where you become more of an anti antiquated idea of RM and RT and R5 and R10 should all be separate and they should not even be conjoined in any way and it’s really doesn’t align with sort of modern pra practices where we believe you, you should have all these different types of home and businesses, all kind of in the same area, so we’re not just having this sort of these

00:37:36,370	sprawling, uh, zoning that we see a lot, um, but that’s what I had for you tonight. I can certainly answer any questions if you have them. Commissioner’s questions Phil Laon. Comm Schell Excuse me, I’m sorry, Comm Fields. Well, the question I have, when all the adjacent homeowners bought their lots.

00:38:00,600	Were they assuming that that was going to be built out just like the rest of the neighborhood. or s. So with that being said, it, I, I guess I don’t mind voting no on a lot of things as people should notice, but it may be legal to do that.

00:38:24,000	but it doesn’t mean it’s right to do that. So, that’s why I was wondering how it was portrayed. Now, when you sold them lots, if you would have said in the end, we’re going to put an apartment building on the corner. They probably would have built somewhere else.

00:38:44,270	Thank you, Comm, and I can’t speak to to when people purchase homes and when they didn’t versus win the zoning changed from the original RM15 into the R10 zoning. I don’t know those timelines when everybody purchased it, um, they certainly have that right to to to come up and and discuss what the what what they were expecting, um, but this is what we’re asking for tonight.

00:39:02,270	Thank you, Comm Field. Comm Schell Lanning, can you walk through the logic on why you’re requesting a zoning designation that is above what was originally master planned for the area, even if it’s now currently in R10, um, is there a reason what it’s not requested in our RM 15. Certainly, thank you, Comm Schell.

00:39:20,630	Um, as, as I mentioned before, right now, the developer isn’t planning on building himself. The idea is, of course, to sell and in order to do that and to give the best options possible, we with a slightly higher designation to that REM20 designation, which allows for 20 uses per acre.

00:39:37,470	Um, additionally, as anybody who’s who ’ s been in this industry for a while to get to that 20 units per acre is is exceedingly difficult without sort of involving underground parking and things like that because the parking required for that many units. can can really eat up a lot of space.

00:39:48,900	So just trying to give them the most options that we can. We don’t know. This could become just a series of row houses or townhouses. Thank you, you, Comm Schell you,. Commissioner’s additional questions for Landon. I’m not seeing or hearing any Lay and thank you. Thank you.

00:40:06,530	With that, the podium is open for others that would care to address this agenda item. If you would put your name on the log and introduce yourself. That would be wonderful. My name is Kendall Coitz. I live two houses away from this project. I’m sorry, you said your name was Kendall Cows. Kendall.

00:40:25,530	Yeah, so I live two houses away from this. We built 7 years ago with the understanding it was going to be a cul de sac with twin homes. To give a little clarity on it, the company I work for, I’m in the construction industry as well, and my father-in-law have reached out to buy this property in the

00:40:40,230	past. The reason why people aren’t reaching out to buy it. There’s over $200,000 in specials on this. So to put the infrastructure in with the road, with the sewer, with the water, plus the specials. It’s really hard to build what is drawn for twin homes and break even on it.

00:40:57,070	That’s why I think we’re moving to this to try and dispute and divert the specials. um I am very against this. I would not have built built my house. I don’t care to take a $50,000 loss on it by what this would do to my own value.

00:41:14,170	Um, I think with Solheim, we have a lot of kids in this neighborhood. Solheim is bursting at the seams. BPS can’t give us an answer. I think to continue to push apartments through is pretty irresponsible.

00:41:31,800	It is lined with portables and with what happened in Minneapolis today, I have a huge safety concern. What’s, what’s going on there, as I think a lot of parents do here. I think this will add to a lot of noise.

00:41:42,270	Right now, you can sit out and have a fire with our neighbors as we do all the time in the street in the evenings, you don’t hear a thing. This would change that, it would add to higher traffic through our neighborhoods and I’m just completely against it. I set this petition in my driveway with a table and a clipboard and over 80 people showed up to sign in the last 3 days without me even asking, really.

00:41:58,900	So I think everybody in the whole area with Glenwood behind Ashley Avenue and behind, everybody’s against us. We do not want to see this go through, and I really hope that you guys make the right choice on this and protect all of us and not do it for one person’s benefit.

00:42:12,370	OK, thank you Comm, uh Commissioners, do you have uh any questions for Kendall? Kendall, uh, question for you, how many names do you have on your petition? Oh, I think we’re at like 79, and there’s some people in this room that haven’t signed it, and there’s some people that did sign it that aren’t here.

00:42:32,230	So I think this reflects the feelings about 100 people in our neighborhood. All right, thank you so much. Who can I give this to? Thank you Ken, are you can submit it at the end of that. OK, thank you. With that, the podium is open for others that would care to address this agenda item.

00:43:04,900	It’s Again, sign the log, introduce yourself. Uh, chair Schwartz, Comm, my name’s Adam Seifer. Um, my wife and I purchased our home um 4,001 Meridian Drive, which is straight across the street from this empty lot in July of last year.

00:43:24,370	Uh, we lived there with our two young daughters, and, uh, I’ve been an employee with the City of Bismarck for 6 years as a public servant, um, I come to you as a concern, private homeowner that in the city is which I serve, um, it took us 3 years to find a perfect home to raise our kids at, and we land on R Rian Drive

00:43:40,600	because of the quiet street on the outskirts of the city limits. We knew there was an empty lot right across the street from our home, but what was assured it was owned as the same as the whole neighborhood. Um, except for the rowhouses on Layton Drive, which is R15.

00:43:55,970	Um, a little over a year later, we find it’s being attempted to be rezoned tonight. Um, you can imagine the frustration we’re currently feeling. Um, we moved, uh, from Mandan back to South Bismarck um in Mandan, we lived back beyond KISS by the Dawell Apartments in a house back there.

00:44:18,470	And, uh, we’ve seen firsthand what apartment complexes bring to a neighborhood. um from vehicles being parked on the street for months on end. to unruly kids ding dong ditching our house multiple times. Um and the staff report for this proposal. I saw that the Together 2045 plan is referred to frequently. when reviewing standards and finding facts on this matter.

00:44:41,370	And the Together 2045 planet states to support the high quality design and visual appearance of the city. It would like to mitigate street parking by locating part of beyond buildings when feasible and limiting lots to reasonable needs on site. So when it comes to apartments, as I stated before, this is a major issue.

00:45:00,530	From snow removal to sweeping the streets to even accessing fire hydrants. I hear the stories firsthanded at public works from the street Department during snow events. There just is not enough room for parking on Meridian Drive around South Meadows Block Onelo 1 through 10. Also in the Together 2045 plan.

00:45:21,900	It attests to using zoning and other tools that require new development and redevelopments to be harmonious with existing uses in the area and support the health, safety, and public welfare of the community. Harmonious with existing use. rezoning this lot to allow for an apartment complex, so possibly be built later is obviously not harmonious with the neighborhood that is here with us today.

00:45:45,900	In this proposal, it’s stated that the rezonian would allow for lot sizes for twin homes, and or for rowhouses. If this committee is still compelled to rezone this plot of land, could the committee look into rezoning it for a maximum R-15, such as the other row houses on Leyton Drive.

00:46:05,630	But if this committee is still committed to rezoning for R20. Then I’m asking you to consider the current residents of this neighborhood. Our home is directly across the street. Our master bedroom window faces the lot.

00:46:25,000	and rezoning of South Meadows 3rd edition, The 13 Los that this committee rezoned for an apartment building on Meridian Drive in Burleigh Avenue already. There were conditions that needed to be met, such as lighting from the building, headlights from cars leaving the parking lot and also the 10 ft tree-lined buffer. I would ask to install these as well, and others see fit.

00:46:42,530	Uh, thank you for allowing me and the public and most importantly the neighborhood for being hurt on this. Comm, Commissioners, did you have any questions for Adam before he steps away? Sorry. I’m not seeing or hearing any of them. Thank you. With that, the podium is open. My name is Heather Crumb. I live at 3708 Meridian Drive.

00:47:09,270	Um, we have lived there since 2017, when we moved in, it was just being built up. It is really a unique neighborhood in the area and that I think we have very close neighborhood. We have wonderful families that live there.

00:47:30,070	There’s a lot of friendly camaraderie, um, over the years since we purchased the home, there have been multiple apartment buildings built. And I’m guessing you’ve never had this turnout before. Um, I don’t think anybody minds mixed-use housing. Having apartments and single family homes and twin homes is all fine, like that should be how the city is built up.

00:47:51,000	Right now, though, there are multiple apartment buildings just surrounding what was promised as a single family home area. Um as multiple people have mentioned, there’s an issue with the schools right now in that there is not space for the children that are currently living here. There are 4 to 5 of those portable classrooms, um, those children do not have bathrooms in the classroom.

00:48:10,730	So like during the winter, they have to go inside through the snow. through the cold, um, create safety concerns. There’s not enough teachers. Some of the kids are on the bus for an hour in the morning and in the afternoon each day. So this isn’t a school area that is like able to absorb potentially multiple more children.

00:48:28,870	Um, I know that the employees to the staff talked about, um, the roads being able to sustain additional traffic, but they are already I don’t think they’re built for the capacity that they’re needing right now. Um there’s delays, there’s there’s going to be a whole neighborhood across the street.

00:48:48,500	And so the traffic is going to be just unbearable every day. Um, anytime there is a road project it’s going to take time, so it will be a long time before that is remedied.

00:49:05,600	It’s going to cost time and money and the apartments or whatever is going to be built there is really meant for the enrichment of the developer and not for the neighborhood that is currently there. Um with the I think it’s important to understand that like we’re not objecting to any building in the area. Everybody is very happy to have good neighbors, but every time a new apartment building has been built, there have been additional problems.

00:49:27,500	There’s dogs that are from the apartments that are dangerous. I think there have been kids who have been bitten in the area, um, there’s very nice families that live in the apartments, and they’re also not so great families that live there.

00:49:42,000	And so when you increase the concentration of these multi-family homes, it decreases the value of all of the or the houses nearby. um, which is really unfair to the people who currently live there. Um, so, like, obviously like schools safety, traffic, everything else is just not workable with more houses, more apartment buildings in the area.

00:50:04,530	Um I think it’s really important for the voices here to be heard and not just the developer. Commissioners, questions for Heather. Heather. Thank you. Thank you The podium is open for others that would care to address this agenda item. I’m uh Mark Ronnigan, and I’m gonna probably put a little different spin on this.

00:50:33,170	I’m, uh, living in the county right behind where this proposed building’s gonna go. Uh, I moved there 12 years ago, basically to get away from some of the bureaucracy of the city, lower taxes, uh, bigger area for my children to grow up in, raised four kids there and uh never envisioned that we’d have something like this come there.

00:50:51,800	I had no problem with a single family, uh. housing coming behind their, uh, I know, uh, several of the people that lived behind me, great people, great neighborhood.

00:51:10,170	I’ve never seen where you put up something like this, this type of density, even just doing the odds game where you’re not going to have a bunch of bad apples in there. and it shouldn’t ever be zoned for that. You’re you’re just knifing everybody that bought any homes around there. You’re gonna diminish their home values and the people in the county there especially moved out there to get away from that type of sprawl, and you’re just doing it to enrich one person.

00:51:32,970	I read the staffing report on that and then you said there is no issue with public health or safety or anything like that. that has to just be a rubber stamp you put in your report. If you bring that many people in there.

00:51:47,530	if you had it in your backyard, I think you’d look at it a lot different. There’s no way that you’re going to bring that many people in there, have that density, not affect public safety, traffic, schools, everything else. It’d be naive to even think so.

00:52:09,330	and I guess I’d never heard of this project, uh, 2045 or that, but to me to have zoning where you have everything just thrown together like that. You could have a 3 year old kid throw blocks on the floor and get the same effect. I sure hope you didn’t pay for that study. But people didn’t, uh, buy houses out there to have some giant apartment put up there.

00:52:26,370	And I guess I’m speaking for the Tony people behind there. I’ve spoke with all of them, and they all think the same, and I don’t know if any of them made it here, but I’m sure going to That’s all I got Thank you, Mark. Uh, Commissioners, questions for Mark? Thank you.

00:52:51,370	With that, the podium is open for others that would care to address this agenda item. Thank you, Kendall Good evening, Commissioners. My name is Robin Gates. Um, I am a realtor here in Bismarck.

00:53:18,870	and I really don’t like speaking in front of people, so um, I sold quite a few homes in that South Meadows edition, and when people purchased, they were under the understanding of single family and town homes in the area. Um, I also have a daughter that lives in that area. So with the thought of an apartment building coming in there um, there is concern on property values.

00:53:40,000	I have watched a neighborhood where in South Bismarck where a huge complex came in. A bunch of the properties came on the market, and they had a hard time selling them.

00:54:02,070	um my, I posed the question to a couple of the people with the planning and zoning, um, is there anything in the city ordinance that says anything like, cause it seems as though South Bismarck has been littered with huge buildings. Is there anything out there that says we have that’s enough, we can’t put any more down there. um it’s a concern um I forgot where I was going with that.

00:54:29,270	But anyway, um, yes, a property values across from that, you will see diminish. I’ve never had a client come to me and say, Can you find me a house that’s right beside a big apartment building. I it’s, it’s just not right for the people that live there currently.

00:54:47,370	um, that should have to have a zoning change and lose the value in their homes. It’s just not right Anyway, that’s all I’ve got. Any questions for me? Comm questions for Robin. I’m not seeing or hearing any, Robin, thank you. Thank you. With that, the podium is open for others that we would care to step up and address this agenda item. Chair, Comm Brentke, um, resident of Meridian Drive.

00:55:24,700	uh, a little bit of reiteration here, but in slightly different format. So, my wife and I, um, made a decision years ago to sell our then current home. and, uh, moving in what we hoped to be our dream home.

00:55:47,070	or forever home It may not necessarily be the stature of what some people would typically think of as a dream home, but to us and all these other people back here hardworking work, middle-class people, um, it’s our dream homes. Uh, the forever home title kind of came to be, uh, as other homes were built.

00:56:09,230	Families moved in Um, we met a lot of great people, families near our home and we all watch out for each other. the kids ist each other with projects and sincerely care for each other, it’s well-being to the point of feeling like family. In its current state, South Meadows would be and continue to be our forever home. Proposed zoning change for lots 1 through 10, block 1.

00:56:34,600	were drastically change the future of South Meadows and the hardworking people that call it home today. As I, uh stood in my driveway today, looking towards South Washington Street. My stomach actually turned as I imagined the proposed structure, filling the skyline that we currently have um, are quit Street would no longer be safe and peaceful.

00:57:01,970	Traffic would become insanely dangerous with the addition of 10 or 200 new driving, new drivers driving up and down our streets, entering and exiting at Meridian and South Washington within a half block of the proposed building.

00:57:22,230	Current home values as previously stated, would certainly go down and be less desirable, desirable when one of our neighbors is a Navy unit apartment building. You always hear from realtors, the classic, uh, location, location, location, right? Well, it’s not always about being near a school. It’s also adversely affected by living next to an apartment building. I, along with the rest of the good citizens of South Meadows edition.

00:57:47,170	represented here today, genuinely, genuinely request that this rezoning request be denied on behalf of the little people. Thank you Comm questions for Grant. Brant, I have a question for you. How long have you been a resident of the neighborhood. Uh, we were one of the first ones on Meridian in November of 2016.

00:58:11,730	So we got to watch it all grow up and watch a lot of kids grow up. Very good. Thank you. Thank you so much. Yep. With that, the podium is open for others that would care to address this agenda item. Good evening. My name’s Marissa Wyndnd.

00:58:42,630	Um, I live on 3602 Meridian Drive. Um, first and foremost, I did write a letter and submitted that prior to this, but I truly believe in the power of your voice in front of a committee as such, as well as a majority of our neighborhood here as

00:58:56,270	well. Um, I grew up in a, uh, family who is in the home building business. Um, my father and I truly believe my father is a very wise person.

00:59:17,370	Um, there are people in here that know him as well, um, and he has always told me growing up that an apartment building will depreciate the value of your home, whether it’s there before or it’s built after. Um, so I am just going to read what I wrote, and I will ask any questions after ward s but, um, so again, my name’s Marissa Wyan.

00:59:34,000	Um, I live on the south side of on on Meridian. in South Meadows, um, not only as a uh resident of South Meadows, but I’m also a parent of two young children, um, living in that, uh, neighborhood. Our neighborhood is not and has never been just a collection of houses.

00:59:55,270	It’s a community, one that’s been built over the past 10 years, um, by people who have invested not just hard-earned money, but time, love, and care and making this a safe, peaceful, and connected place to live. a community where children ride their bikes with their friends and play outside on the quiet streets.

01:00:15,600	The proposed zoning, um, changes change threatens to drastically alter the character balance and safety of our area, and I truly urge you to consider the long-term consequences.

01:00:33,530	There’s absolutely no doubt that growth is a necessary to support the city of Bismarck, and while I, and I’m sure the majority of people in here fully support that. Um, I also know that it must be done responsibly with respect to those already living in the area who have again invested their money and time, love, and care into our small but very unique neighborhood community.

01:00:55,070	introducing an apartment building raises several concerns, which you have already heard, but these are including not limited to increased traffic and congestion on streets that are not designed to accommodate it. The safety of our children due to the increased traffic in the area that this addition would cause.

01:01:14,270	Again, strain on local infrastructure such as our public school system, Solheim in particular, in our case, with the potential of having an increase of students in the school that is already completely overcapa c ity and the potential decline in again property values and changes to our community dynamic. This is not just about one building or two buildings, I guess. It’s about setting a precedent.

01:01:32,000	Do we evaluate community input? Do we care about the safety of our children that call this neighborhood home? Do we prioritize long-term livability over short-term profit and do we want to preserve what what makes neighborhoods like ours worth living in. I urged the Commission to take a hard look at the impact this change will have.

01:01:52,730	Development should enhance communities, not destabilize them. Please do not move forward with this, with this rezoning without thorough consideration and a deep understanding of what we stand to lose and have worked so hard to build.

01:02:08,270	There are other locations in the city that are far more appropriate for this kind of development, but our established neighborhood is not one of them. Thank you for your time and allowing me to speak and for the commitment that you guys have to serving the city.

01:02:24,270	I sincerely hope you will choose to protect our neighborhood community and most importantly, the well-being of our youngest and most vulnerable residents are children. Thank you Comm, do you have questions for Marissa? Marissa, how long have you been a resident in the neighborhood? I believe it was 5 years and this last December. So this year it’ll be 6. Thank you The podium is open for others who would care to address.

01:02:55,330	Hi, I’m Katie, Dr, and I hate public speaking, but this is very important. I live on the corner of, um, Rhidian and Nina, right on the corner. I have a corner lot. Right now we have so many cars that just go speeding down Nina already. They go speeding down Meridian. It is horrible. I’m afraid for my kids to go play outside because of it.

01:03:17,170	Uh, sorry, I’m super nervous, um I don’t, I’m not even comfortable sending my daughter two blocks down to our park because there’s apartment building right next to it, as Heather said kids and other dogs have been attacked from dogs at those apartments. I don’t feel safe sending my daughter there.

01:03:35,800	um I’m not comfortable with her riding her bike more than a block away. And not only do we have an overcrowding at Solheim, Wachter’s overcrowded. We don’t have a high school down south because BHS is in North Bismarck.

01:03:59,270	We don’t have the capacity for it, and if, as we just got South Washington expanded to a three lane, and already it’s congested. In the morning when we go to school, it’s already backed up from Solheim. past, or pretty much all the way to the roundabout, if not past it at some times.

01:04:16,530	So it’s already been expanded, adding that many homes, it’s gonna make it way worse. So just, as I said, just please consider all of us in the neighborhood. I have a cousin who’s here today who just moved in August 8th, and she was assured that that was an apartment, that was zoned for residential. They just moved in and now it’s changing.

01:04:36,100	I’ve been there since 2017 when my house was built. May of 2017 We were told that that was gonna be twin homes or single family also down at the end of our street Meridian and Burleig, that was also supposed to be, um, twin homes, and it’s not, so it’s it’s absolutely ridiculous.

01:04:58,000	And even, even when we built there, there was one apartment building, now there’s 2. So it’s already expanded, plus the ones that just came to on the run, Paradise Valley is supposed to have apartments which is right across the street.

01:05:15,630	We don’t have enough room down there, and I am super concerned for the safety of my kids. I have 3 kids. I’m, I’m not comfortable with them. as it is going to those that park. Commissioners, any questions for Debbie? Katie. Katie, I’m sorry. Any questions for Katie? I’m not seeing or hearing any, Katie. You did great. OK. My name is Nicolette Jacob.

01:06:06,900	I, along with everybody else, live in the South Meadows development, uh, 4,002 Meridian Drive, two houses away from this lot, um, in question tonight. I wanted a chance to speak because this decision will directly affect not only my family but all of our families in the neighborhood.

01:06:29,870	Um, I want to start out by saying that we are not against growth or progress in our development. We understand that communities change and they develop over time, but what is being proposed here for this rezoning from the R10 to RM20. Sorry, I need to breathe Pregnancy problems is not compatible with the character of our neighborhood or the infrastructure that we currently have.

01:06:53,870	Our neighborhood was built for single family or twin homes. Um, we moved in in 2019 and we were expecting that this would be sometime in our future.

01:07:14,170	I thought that would have been done by now, but here we are, 6 years later um, we chose this area because it offers safe streets, walkability for our children, and a sense of stability. When we built our home in 2019, we did not have children at the time. We were just thinking of our future. um, allowing for higher density development.

01:07:32,970	in the middle of a single or twin home family neighborhood will permanently change that character that we have now. It will bring increased traffic onto the roads that were never designed for the level of that use. It will impact safety to our children as we’ve heard many times tonight who walk or ride bikes, which is every night when the sun is out.

01:07:49,370	We will, it’ll devalue the investment that so many of us have put into our homes. I also want to highlight again on the strain on our our school Solheim in general, um, it stretched thin at serving nearly 580 childrens K through 5, the teachers and staff are doing an incredible job, but they’re at their full capacity.

01:08:08,600	We talked about portable classrooms. We all know that more development is coming as stated to in Paradise Valley, which is directly to the east of us. It’s just starting now with the commercial phase, um, and that has not been built out yet as far as Holms twin homes and apartments.

01:08:26,900	We are asking that you help preserve the balance that exists already. Girls can and should happen, but it must be responsible growth, growth that respects our identity ensures our safety and does not overwhelm our schools. I urge you to deny the zoning change request.

01:08:46,630	Please stand with all of the families who live here, who built their lives here, and who want to see our community thrive in a way that makes sense for all of us. Thank you. Thank you, Nickolette My name is Carlyle Scott. I’m gonna raise it up. How are you guys doing tonight? Good, good. You said your name was Carlyle Scott. Carlisle, it’s backwards.

01:09:11,270	I get it, um, first of all, Landon, are you an engineer? No? OK. I was just wondering, so, uh, one of the things is I, I grew up in an engineering surveying family and oftentimes engineers don’t really have a lot of common sense sometimes very, very smart individual. I totally get it.

01:09:30,270	Sometimes it happens, um, first of all, thank you guys for having us. Appreciate you guys hearing us out. Seems like everybody’s, uh, has some common sense up here and, and unfortunately this day and age, common sense is often so uncommon, it’s often mistaken as pure genius.

01:09:46,000	All I’m asking for you guys is to hear out everybody that’s giving you very, very, very well thought out, logical reasons to not do this and use some common sense to make a good decision. Thank you Thank you, Carlyle With that, the podium is open for others that would care to address this agenda item. Good evening.

01:10:12,470	My name’s Madison Bosch, and I’m a resident of the South Meadows development. We live on Meridian Drive right next to Brent, um and I’m here today with my husband, and we strongly oppose the apartment complex at Meridian and Layn Drive.

01:10:28,900	I know you’ve already heard many of these concerns, but I believe it’s important that our voices are heard. When we purchase our home, we were told that this land would be zoned for additional twin homes or single family homes, not a high density apartment complex.

01:10:46,600	This change feels misleading and disregards the expectation of homeowners, homeowners, excuse me, who invested in this community. Beyond that, this project will worsen already dangerous traffic conditions, adds to our overcrowded schools and negatively impacts property values. Most importantly, it threatens the quiet, family-oriented character that drew us to this neighborhood in the first place.

01:11:09,230	We respectfully urged the committee to listen to the residents who have, who will be most affected and to deny this proposal. Thank you Thank you, Madison With that, the podiums is open for others that would care to address this agenda item. Um, Robert Keene. I live at 3927 Meridian Drive. Um as for everyone that’s been up here, they all have, you know, my backing support. I moved in just over a year ago.

01:11:48,530	with my fiance and our first daughter, we currently have a 10 month old daughter as well. Um, and you know, I didn’t think zoning would be an issue through the through the year, um. but knowing that.

01:12:14,270	I drive by on Washington everyday and I have an old coworker wiring the units at the Earl for, which is set for 99 and 78 units, and then there’s also bids going up for the east side of Washington for the Paradise Valley that I think phase one was 51 units and then phase 2 would be around 63.

01:12:38,270	So I’m trying to just add the math here, you know, asking myself, it’s like, do we really need to upgrade that when all this is already going in, and I think those are just the two newer buildings at the El. I’m not even sure about the first initial one that they put in over the last couple of years.

01:12:56,870	Um, that adding to it, so, um you know it just seeing that paradise Valley is going to, you know, be huge and. extending the neighborhood, it just. I just asked myself the question, it’s like, where are all these, you know, kids and everything gonna go to school and um, yeah, traffic, all that, you know, pretty much everything everyone said, but

01:13:14,530	um, that’s just kind of what I see is like, OK, the south side’s growing immensely, but we could do all these single family units and then I mean, are we just gonna fit apartments everywhere we can. I just, you know, those places haven’t even opened up yet. The 99 unit and.

01:13:32,170	78 unit complex that the Earl just south of on the run, so I mean it, it’ll be interesting to see, and that’s pretty much the only voicing concern that I have, so. thanks Thank you, Robert With that, the podium is open for others that would care to address this agenda item. Hi, I’m Travis Dahl.

01:14:05,330	Uh, I’ve been living on Wayne Drive for about almost 3 years now. I currently work for the water department in Bismarck. I’m here as a just a homeowner. but one thing that I am concerned of is the infrastructure that this large building would bring pers to the sewer side of it, for sure.

01:14:29,800	when it was first planned I know you mentioned that it was for uh multi-family buildings. but it was zoned for town homes or rowhouses. What effects would that do? and how much more sewage is gonna go to Downing. on Downing Street, there’s a lift station over there with two small pumps.

01:15:01,330	How much more will these built this large building plus the one up on by Burleig now. How much more will those two bring to Downing Street because both of those will go to Downing. at least the South one for sure. I’m not 100% on the North one That’s all I got All right, thank you, Travis. Thank you.

01:15:29,070	The podium is open for others that would care to address this agenda item. We’ve been, we’ve been waiting for you, Holly. It’s actually my turn now.

01:15:51,500	Um, you’ve heard, you know, what the community said and, and I don’t think I need to repeat myself, but I would, I would like to address, um, the group, uh, I, I believe postcards and a notice for these meetings should have been sent out to the, the neighborhood and if there’s a show of hands, I would bet not a single person in this room was notified of the meeting on this development or excuse me, this lot or the lot on Meridian and Burleigh,

01:16:10,970	which happened roughly a month ago, um, we did submit a letter, um, a month and a half ago requesting a response we have not gotten a response from the city on that.

01:16:26,900	Um, I don’t know what the legality is, but I would encourage you guys to at least let the neighborhood know so that we can show up as we have today and you can hear our, our voices because we were unaware of the earlier lots meeting about a month ago. I would like to tell my, my good friend Landon, um, please take this information back to Jamie and Mr.

01:16:47,000	Water, that the community that spent all the money building a mine his homes in the last 9 years, don’t want an apartment complex there. So, please share that with them guys as well. Thank you. Thank you, holly Comm Field Yeah.

01:17:08,970	Do you have a question for Holly or? who are you addressing? Yeah, Holly. Sorry. So, can we see the show of hands of who did get a notice? Uh, on either one. On either one? for this one. But the one for Burleigh, nobody got any one or the other. So, So, one person. She got one. So this should just be thrown out.

01:17:29,170	We never got anything in here, right, so the I fairly we should have gotten something. Yeah, we’re, we’re ran across the street. We got a scan. of our mail, so we got the scan, but it wasn’t in our mailbox, it still hasn’t shown up. Where it went after got scanned at the post office.

01:17:47,800	We as a community have a Facebook page, and that’s the only reason that we’ve all gathered together and know anything about this meeting, much less the last one. um, and so that’s how tight this community is, is that if I get their package, I put it on the Facebook page and it gets to it, it’s a different community that, that I don’t

01:18:05,000	think anybody can really understand, but, um, I don’t know what the notice is the distance that you have to notify on that property that you guys are rezoning. What, what is the distance? Is it a half mile, a mile? Sure.

01:18:22,630	Two blocks Daniel’s got it? OK, Daniel Cherry, I, I can speak to this. So, so we were notified after that last public hearing that there were, um, at least someone was noted that they did not receive that notice. So we, we looked into it.

01:18:40,100	We, the way our process works is every lot within 350 ft of the site in in urban areas, uh, gets a notice, so we create a spreadsheet and we send postcards out. Uh, we include ourselves on, on that list to, to ensure that, that we get the notice ourselves. So we did get a note, we did get that postcard back to us, uh, that last time.

01:18:58,370	So we certainly can’t verify if others received that, but we believe it was sent out and we certainly received it ourselves, um, and the same thing occurred with this notice. So anyone within 350 ft should have gotten that postcard.

01:19:17,530	So it’s 350 ft the immediate neighbor to the Gina Apartment complex and the rest of the neighborhood is not notified that an apartment complex is going up in their neighborhood. So in, in this case, 350 ft uh reaches about 4 4 homes in from the, I will guarantee you that your process is not working a radius so there’s, there were, there were, how many dozens or so included, 4 home radius, I meant.

01:19:38,900	I, I’m, I’m 3 units down from the initial meeting that we all missed because we did not get a postcard and I guarantee you everybody within 10 to 15 units from that lot did not receive a postcard, and I, I think these guys can speak to that as well.

01:19:57,630	Um, with that, I would encourage you guys, um, to rehear that lot zoning as well because we did not get sufficient notice as a group, and I guarantee you more than this group will show up for the next one. If you would rehear that, please.

01:20:17,870	All right, thank you I don’t, I don’t know that we can rehear things, uh, Daniel, um is there any way we can look into things? So we, we can’t do a rehearing. I mean, it was already approved by the City Commission and that that would be a, you know, a violation of that. The, you know, and we have looked into whether we received the postcard and as I said, we did.

01:20:31,730	We, we do notify, of course, through the legal process through public hearing notifications in the newspaper, so that did occur in both cases and we do have, have those clippings and maybe I’ll add, uh, this is one of the reasons we are pursuing using signage, um and of course we haven’t

01:20:49,330	started that yet, but actually starting this month of September, we do intend to use signs on the property for public hearing notifications, uh, partially for this reason, we know that the male isn’t perfect, and we know it’s sometimes delayed or, or, uh, inefficient. And so we want as many possibility reasons as possible.

01:21:08,630	So that, that’s, that’s the best we, we, we could do. OK. May I ask, Daniel, one more question? Um, so when we have a zoning hearing to rezone it, could we as a group request a a zoning hearing to rezone it. back to the way it was? I mean, it’s a zoning hearing.

01:21:31,700	If we’re changing zoning is that not a possibility? I, I could, I address. So we, we accept applications from the property owners to, to rezone. There is, the city does initiate zoning ordinance changes and, and has the ability to, so the, the planning commission can do that.

01:21:53,070	In fact, uh, earlier in this agenda that was the case because there were multiple properpreneurs in the block that was being rezoned, uh, and one did approach the city. So, so that there is a prerogative to do so if they wish to. However, on a typical case, we take applications from the property owner.

01:22:08,900	I, I would just strongly urge you guys to look at that since there was no notification on, on the initial meeting for our community, so. Thank you. All right, once again, the podium is open for others that would care to address this agenda item. I see landis coming back. Let’s go land. I’m done. Lando. Thanks, Jaws. Um, yeah, I’ve been called some terrible things in my day, but engineer, that might have been the lowest.

01:22:37,270	I just want to make sure. That’s rough. Some of the stuff you’re saying just didn’t make sense. So, no, no, I just wanted to just to reiterate, uh, just a couple of things, um, with the ARM 20 zoning, as I mentioned before, that’s not a guarantee that it’s going to be apartment.

01:22:49,470	We, we, we don’t know. So there are other options with the A20. Um, you know, if, if, if a developer decides to go that way, yes, that’s certainly a possibility with RM 20, but as I mentioned before, that doesn’t mean necessarily a a large complex that that they’re seeing otherwhere in town.

01:23:05,170	This just gives us sort of those options to look at, um, as I mentioned before, this is a use that, that should be incorporated into into neighbor that shouldn’t just be single family against single family, and we should have those those other options in there, but I can certainly answer any questions if you have them.

01:23:19,900	Questions I Any questions, Comm, I’m gonna ask you a question just because landnnon’s there and he should know this. So of that lot if it’s 3 acres or 4 acres. How much is buildable because I understand there’s some portions of it could be. subject to potential flood risk. or it’s close.

01:23:46,070	It’s got some infrastructure related issues that have to be dealt with because of elevation. Certainly, Mayor, thank you for the question. Uh, so from a zoning perspective, uh, we’re allowed 75% of, of coverage.

01:24:02,800	Now that includes paving, you know, parking spaces and structure, um, but in addition to that, of course, you have setbacks where we can’t put put structures, we could put concrete and things like that. Um, there also might be a need, uh, depending on how the storm water works out, the additional ponding might be required. So that would be non-biilable as well.

01:24:16,530	Um, but you could say just from a generalized view, 75% of the lot. Thank you, Comm Smith Comm, is any additional questions for Lanon? Thank you. I just have a question. Do I have to go up there? OK.

01:24:42,630	I didn’t know if that, uh, what was the, you said there was a Sarah, was it Sarah? No, Lauren, apologize, um, you said it was originally you said that it was like 4 acres, but you reduce that because of the right of way. Uh, Chair Schwartz, Comm, so what you saw in the staff report for the project area, it said 4.01 acres.

01:25:04,600	That is the total area of the underlying platform for South Meadows Edition, 3rd Replat, the actual lot area is 2.96 acres. That was the clarification there. And then how many units per acre can you go on that 2.

01:25:40,330	96? Commissioners please proceed, uh, Chair Commissioners, so the the uh the acreage for uh the potential RM20 uh would allow 20 units per net acre, so approximately 59 units, um, for that area. and then you can only build on 75% of that, 2.63 acres, is that correct, Lyndon? Yeah, just, just trying to do the math in my head and figure out how tall the building’s gonna be too, so thanks. thank you pleasure Good luck.

01:26:05,000	Good evening, Commission Chair, Mayor, good evening. Uh, my name is Mark Towson. I live on Meridian, and I have lived there since 2018 as part of uh the development and a majority of my neighbors here.

01:26:26,800	Uh, very happy to be here and represent us, uh, I mean, not as the neighborhood representing my property and my stake down the street from this potential development. Um you may have, uh, about a 10-page document that was sent.

01:26:49,170	If you do not, that is uh an egregious, um, lack of justice because I had created a case that, uh, excuse me, case study basically that um documents, reasonings as to why this project should not go through. And Mark, we did. OK, excellent. Fantastic. So, um, did everybody have a, uh, a chance to read through it, take a look, OK. So, you know, to summarize the documents are in there.

01:27:07,900	Um, I would encourage you to drive through the neighborhood to see how it is now, um, adding this would egregiously change the neighborhood and the structure, the layout, and our camaraderie, to be honest. Uh, additionally, the road on South Washington is set up uh um as um uh, one would say a county road. south of Nina which can’t, uh, you know, handle the traffic that is there now.

01:27:29,900	I know it’s part of the progress of redeveloping as the future continues, but as of right now, we put this in, building gets put up, not going to handle it. Same thing as previously touched on with the other new South Washington that uh probably should have been a five lane originally.

01:27:50,170	Um, additionally, uh, I just continued to say, please don’t, we don’t want it, uh, we want homes there we wanna grow our neighborhood, continue to work as a development. Um, and I brought my information for questions if anybody has questions for me. Comm questions for Mark I’m not seeing any mark. Thank you.

01:28:09,870	I appreciate the response as well and uh the feedback that we can have an open dialogue between residents and the commission and the Mayor. So I really appreciate the communication. Thank you. With that, the podium is open for others. Hello, my name is Kinsey Harrison.

01:28:46,600	I live on 3637 Meridian Drive in one of the town homes, I moved to South Meadows Nehood 3 years ago. I don’t have any children, but I have to say this neighborhood is something special. Families from town homes to the single family homes.

01:29:04,730	Neighbors hang out and visit, not in their backyards, but uh, the hang out in front outside by their garages. I thought it was the weirdest thing ever when I moved there. Because of this, it truly is a tight-knit neighborhood, as you have seen. Many people have shown up to speak. I do believe building more apartments will change this.

01:29:25,100	There’s already an apartment building on Nina that has increased traffic, ridiculous parking, you’re literally dodging cars on the street because there’s so many parked on the street. Paradise Valley is already starting to be developed. I think there’s been multiple concerns addressed, and I hope you consider that before making your decision to pass this rezoning.

01:29:44,800	Um, on top of it from the city, I hope to see notifications actually sent out in the mail and receive them because I did not get anything. And that’s all I have to say All right. Thank you for your comments. with with that, the podium is open for others that would care to address this agenda item.

01:30:22,170	Brent Case again, uh, Landon’s final comments were that simply passing this would not necessarily mean that there would be apartments built there. but not passing it would guarantee that it stays as is. Thank you. Thank you. All right, another call. The podium is open. All right, I’m not seeing or hearing anyone So, with that, I’m going to close the public hearing on this agenda item.

01:30:54,170	Lauren, any additional comments? Uh, no additional comments at this time, Chair. Thank you. All right, thank you. Uh, Comm, this is a request for a future land use plan amendment. and staff recommendation is to approve with conditions and a zoning map amendment. and against staff recommends to approve with conditions.

01:31:14,000	What are your wishes I, uh, I would like to make a motion to leave the zoning the way it is. and not change it So that is a motion to deny. OK, we have a second from Comm Larson. With that, I’ll open the table to uh discussion.

01:31:52,900	Comm, your thoughts Comm Schell Comm to the public as well as in the applicant. I think sometimes items come before this board and there’s a kind of a known I guess housing unit that might be thought through and so it’s easier for everyone to see what actually is being proposed as opposed to, uh, what we’re seeing now is

01:32:12,730	just kind of a a blank canvas that could be lots of different things. So if it was an RM20 that had a height restriction that said you can put a lot of units, but you gotta bury the the garages.

01:32:24,630	You gotta do something that gets you maybe the density you’re looking for, but it’s gonna come with some costs. I think those things would be easier to reflect on and to, to observe and, and provide, you know, opinions on as opposed to just kind of a blanket so wide open, especially if it was higher than what the original zoning even was, uh, at the first iteration of the development.

01:32:39,970	um, so I, if, if this passes, so be it if it doesn’t pass, I think there’s opportunities to maybe come back with a more refined, um, product idea that that could be vetted at that point. Thank you, Comm Schell. Comm Schmitz. so this is, this is difficult situation.

01:32:58,630	I we, we need, we need modest priced homes and housing in the community. It is a significant need. And if we look at our 2045 plan, which has already been brought up. once before, that is critical. I understand the neighbors’ concerns Um, there are a lot of apartments up and down Washington Street and and across Burleigh Avenue.

01:33:22,100	I drive by him every day But at the same time, I got to figure out how we get to infill and higher density. um. so I’m struggling and so that that’s my struggle like I see both sides of this and for what it’s worth, I don’t know where I’m

01:33:38,070	at. Chair Comm, uh, chair, this is Ben. Yes, yeah, yep, yep. If I may just, uh, admit to, to sort of protect yourselves if this, if you do choose to deny this request.

01:34:01,100	all of these, uh, proposals, staff evaluates against what we call the findings of fact, so there’s consistent things we evaluate zoning map amendments against each other. I, I, I would recommend you identify which one of those findings of fact or multiple findings of fact that you, you don’t agree with from staff’s perspective as to the reason for the denial.

01:34:16,700	And I guess for point of reference, for maybe some of the commissioners who might be thinking about this, maybe starting to look on page 87 of your packets, lists all the findings of fact for the zoning map amendment. Thank you, Ben Dear fellow Commissioners, I will state I have issue particularly with changing, I, I agree completely. By the way, with Mayor Schmitz on affordable housing, on infill.

01:34:45,430	However, when we’re looking at this, we’re looking at this near the edge of city limits. So when we’re talking about infill this is not necessarily infill to change it to a deeper density code.

01:35:02,000	So that’s really where I throw a lot of issue with this is we’re looking at the edge of town. for a multi-family, for a denser potential code. So, um, that’s really where I have issue with this is again, this is not, uh, I mean, we’ve, we’ve see, uh, this is my neighborhood too. I don’t live far away either.

01:35:23,900	Um, we have seen a huge amount of development of multi-family in this area, so there’s not a shortage of that of that type of development. Not to mention again, it’s just barely within the city limits at this point. So that’s really where I have an issue with this development. And I, I mean appreciate the citizens coming out.

01:35:42,730	I think that’s really great to see the residents show up. Um I think always, always, always, always, that’s great to see the voices be heard and see that be something that’s why we have public meetings is for this opportunity. So. that’s Thank you for your comments, Comm Larson.

01:36:07,600	Comm Johnson uh, related to what Ben just brought up, I think on um ’87. This proposed amendment is compatible with adjacent land uses and zoning. may be the applicable one there since we, what we’ve heard today. Um before this meeting, I, I didn’t see a huge issue with this.

01:36:26,330	It seemed like a, in a lot of ways it seemed like a good spot to put this, but bringing, hearing some of the comments about people that live. immediately ad Jason or within 4 houses when they bought this, it was probably a cul-de-sac at that what time planned.

01:36:45,170	And then in 2022 it went to the, the Rohome kind of slivers of land, um. it’s a big departure, and I can understand their concern. Thank you, Comm Johnson. Comm, additional comments. Comm Zan. I think one of the facts that I disagree with is the RM20 and that’s what we should probably consider I agree.

01:37:12,430	Leave it at an R 10 and um we don’t need any more problems down there with the school district and stuff. I know Solheim School and it’s, it’s crowded. I’ve had friends that are teachers there and they have, they have issues, so they’re looking for facts, the RM 20, whoever’s going to buy that land they’ll know what our 10 is and they’ll

01:37:29,600	know they won’t be able to put on a bigger, bigger piece of property or bigger facility. So, that’s what, that’s what I think we should put it on. Thank you, Comm Zen Additional comments, Commissioners. Comm Schmidt. get to my struggle, I, I’m not certain that a pure R10, maybe R15, where it was originally.

01:37:53,800	was is more appropriate. I think we still need higher density, and I realized it might be on the edge of town today. but frankly, right across the street, pretty soon it’s not really the end of town because Paradise Valley is going to be a lot of homes um, and so I’m, I’m just, I’m very focused on affordable housing

01:38:15,730	and slightly more dense lot spacing provides that. Now I get apartment house if there’s restrictions. I understand that because like do we want more apartment? I can tell you vacancies for apartments are pretty low right now, so there is a need.

01:38:33,800	So to say there isn’t a need for apartments would be inappropriate, so I’m, I, I’m well aware of that, but I know what the vacancies are, so I, I’m just saying, I, you know, I think there’s gotta be consideration as to what is the right density.

01:38:54,800	and there is transition and right across the street, on Washington that lot right now is proposed to be zoned or is zoned what this would be proposed urban neighborhood, I believe, or mixed use. um, if we look across on Washington. Thank you, Comm Schz. Comm additional additional thoughts discussion.

01:39:21,370	Comm Schell maybe a a sort of echo to what what the mayor said in terms of the, I think I’d have support for the IRM-15, especially if it was an RM15 with conditions or with something with known what the, the product would look like. I think that’d be easier to make some of these decisions, at least it’ll be easier for me anyway. OK, thank you, Comm Schell. Comm additional comments, thoughts.

01:39:39,630	I guess I’ll throw mine in on this. I think when, uh, neighborhoods own property, that there’s a reasonable expectation when there are zoning rules in place. and over the years that I’ve sat on this commission, we’ve been relatively slow to make changes when existing zoning rules are in place, and because of the impact to the existing

01:40:06,870	neighborhood. I’m slow to agree to this just because the request is to prepare the property for sale for somebody else and uh um I’m not sure in my mind that that’s a good enough reason to uh to pass through the zoning request. Any additional comments If not, Comm Field.

01:40:38,330	you know, if we were so concerned about affordable housing, we would let tiny homes be here. I mean, a lot of cities designate a strip and they put a ton of tiny homes so people can afford to buy one because they can buy one for like 50 to 50,000.

01:40:52,730	So I mean, really, if we were trying to get to the end we would do something like that Any additional comments If not, sir, I’m going to ask you to call roll. Oh, I’m sorry, Comm Zan.

01:41:14,100	for clarification, so a yes vote, and this is for the people out there. A yes vote from us means we want it to be denied a no vote means we don’t want to be nice. That is correct.

01:41:28,530	We’re kind of voting the opposite of what we might believe, OK? Just so you guys know, OK? Thank you, thank you for clarifying that. So this is a motion to deny. Sarah, would you please call a roll? It’s my turn now. Comm Field Yes, OK Comm Johnson, yes. Comm Schmitz No Comm Larson Yes, Comm Lukins. Mr. Schell? Yes. Comm Seac Yes, Comm Zent, yes, Comm Bittner. Yes and Char Schwartz. Yes, the motion to deny is approved.

01:42:13,270	Let’s move on to item and our regular agenda this evening. This is the Lundy edition. and Isaac is going to provide us with staff report this evening. I’m happy to start whenever you are, Chair Swartz and you just hold for a moment, please. Yeah. approve it forward. opposite of what they wanted do.

01:43:11,630	Hey, Isaac, I think you can proceed. All right, thank you, Chair Schwartz and Commissioners. Our next regular agenda item, uh comes to us from Viking Builders Inc. who are requesting approval of a major subdivision final plant titled Lundy Edition, as you can see on the screen there, this project is located in central Bismarck and consists of about

01:43:31,270	a little under half an acre of land located in the southeast quadrant of the intersection of East Bowen Avenue and South 18th Street. So the applicant intends to plot this land to help f ac il it ate the development of a twin home on the site.

01:43:48,870	So we’re looking at a two lot in one block subdivision in this particular case. The project area is zoned our 10 residential, and that is not being requested to change in this case.

01:44:06,000	Um, this property is in an older part of Bismarck, so a lot of the area around it is largely residential in nature, although there are some uh commercial or industrial uses further to the east and to the north as well. Uh, as you can see right now on the screen, this property is identified as Nehood mixed use in that future land use plan, which are broadly described as social and community uh commercial gathering spaces for the immediate surrounding area, but

01:44:23,530	residential uses are commonly seen in there as well. Uh, the public was notified of this request via publications in the Bismarck Tribune on August 15th and 22nd, and 28 postcards were mailed to nearby property owners on August 15th as well.

01:44:42,370	To the best of my knowledge, staff has received one in qui ry regarding this request, asking for more information, but as a result of that and um any other notifications that have not received any formal comments as far as I’m aware.

01:45:00,370	So as a cumulative result of all the findings contained in this uh staff report before you today, City Bismarck staff find that the proposed major subdivision final platt would not adversely impact public health, safety, and the general welfare of the public and that it is generally consistent with the comprehensive plan Bismarck Code of Ordin in ance s and relevant state law. Therefore, staff recommends approval of the major subdivision final plat titled Lundy Edition.

01:45:19,630	Does the Comm have any questions for me at this time, Comm, questions for Isaac. I’m not seeing or hearing any Isaac. Thank you. With that, I’m going to open the public hearing for this agenda item, and it looks like Landon is going to step up to uh speak to it.

01:45:39,430	Thank you Chair Schwartzland Naimler, Schmitzehagen Engineering, representing Viking builders on this. Um, yeah, just a little bit of, uh, added information to, to, to what was presented before.

01:45:51,630	Uh, this is one of those parcels in Bismarck, and there are a number of these around, uh, just pieces that have been left over and were never part of any kind of subdivision. They’ve just, the city is just kind of grown around it and nothing really happened with them. Um, in this case, the, the zoning is already in place for for a twin home.

01:46:05,270	So we’re taking sort of this remainder piece and just subdividing it, um, actually plaiting it so that they can, they can get a building permit with the city of Bismarck. I can certainly answer any questions if you have them. Commissioners, questions for Landon. I’m not seeing or hearing anyland. Thank you.

01:46:18,900	With that, the podium is open for others that would care to address this agenda item, and if you would add your name to the log and introduce yourself, that would be wonderful. Good evening um, Mr. Mayor and Commissioners. My name is Sharon Bakkowitz. I live at 411 South 18th Street in Bismarck. I’ve lived there since 1978.

01:46:49,330	I have a what they called a duplex. Today you’d probably call her to home. I live in one section and I ran out the other one. Um the land that, that you guys are discussing right now is right next door to me. It’s my fence borders it.

01:47:11,970	And what I’m questioning the, the individual that came over there and said that he bought it and he owned it. He said, he came over and informed some of us that we had to have our land plotted. Now, I’ve lived there since 1978 and the that whole block there has never been planted, planted.

01:47:34,470	I don’t understand, uh, if you go across the street if I walk across the street to my neighbor, that land there has all been planted. The city, I don’t know what happened there, but they never planted that whole area that’s on that block. all the way over to Airport Road. So, uh, what I’m asking you, he made, he made me feel like we all have to plant it.

01:47:54,500	Well, a lot of those duplexes that are down there aren’t, they, they’re not owners are not here. They’re in California, a couple of them. So that’s what I wanted to ask you guys.

01:48:12,700	Could you explain to me, uh, does it have to be planted? I know that a lot of these buildings have been sold and rebought and sold and rebought and they’re none, none of them are platted, and that’s what I wanted to ask. the city commission why if the city just left that goal, but when I bought it, we never had any problem. I’ve got my deed and I’ve paid the property off.

01:48:31,270	Uh, so I was questioning what that means because he was telling me it cost $10,000 a lot to have it plated. Well, I’m 80 years old and I’m not going to dig up $10,000 to plot something that I never had to have before. OK, well, Sharon, let’s get, let’s get, uh, an answer to that.

01:48:47,530	Isaac, can you address that? Certainly, I, I can, uh, uh, offer an explanation there. In terms of uh your property right now and other properties around you that are not platted. There is no, uh, immediate, uh, negative or downside for you.

01:49:01,430	There, it, you know, your property can certainly continue on as it is right now. The part of being platted or in this case not platted, it can cause some difficulties to get building permits. So if you’re not planning on building anything, there’s no negatives for you. Uh, and as you mentioned, you know, the city kind of grew around you and this area was never platted.

01:49:20,070	Typically, the platting process or subdivision process is not something that the city specifically does. It is a landowner or property owner that would come to do that and for whatever reason this particular area, as you mentioned, property owners did not, that is no, uh, uh, no, no immediate downside for you though in this case, if you’re

01:49:40,330	not looking at getting a building permit for something like that. Does that answer your question? Yes, yes, it does, and answers my question. I don’t know about the rest of the, the block, but, uh, I have no intentions of having to plant it now.

01:49:54,000	I’m 80 years old, so, but he made me feel that we were all going to be given notification that we had to have it planted because he told me that I could, you’d never be able to sell your property well. I won’t care.

01:50:09,100	I’ll be dead by that time, so but thank you very much for answering my question. Now I know what, what the, the law is. Thank you, Sharon, thank you for the question and I think Chair, thanks for the answer. Yes, Comm Bener Thank you, Mr. Chair.

01:50:28,730	I, I think part of that conversation uh goes back to what was laughingly referred to at the time as the Bittner Amendment because I was faced with that sort of problem on my land. um, out here in the ETA where the city was going to require me to do a a subdivision plat in order to add on a deck. or maybe add on to my garage or anything, and, and I believe we addressed that.

01:50:45,270	Um, I know we addressed that through zoning ordinance, so there’s a bit of a grandfather issue in that, and that probably predated all of the staff that’s in the room now. So just, just for your information, we address that through zoning ordinance. Thank you. Duly noted, Comm Bitner.

01:51:04,000	you All right, the podium is open for others that would care to address this agenda item. and I’m not seeing or hearing any, so with that, I’m going to close a public hearing. Uh Isaac, any additional comments? None at this time, Chair. All right, thank you.

01:51:21,630	With that, this is a request for a major subdivision final plat. Staff’s recommendation is to approve Commissioners. What are your wishes? Motion to approve. We have a motion to approve from Comm Zent and a second from Comm Johnson. Any additional discussion And I’m not seeing or hearing any. Sarah, would you please call Roll? Mr.

01:51:43,470	Larson? Yes, Comm Johnson, Comm Seac, Yes, Comm Field, yes, Comm Bittner Yes. Commission Lukins, Comm Schell, yes, Comm Schmitz, Comm Zent, yes, She Schwartz. Yes, the motion is approved.

01:52:08,700	With that, we move on to item F in our regular agenda, which is Boulder Ridge Commercial Edition, and Lan is going to provide us with staff report this evening. I have an item to hand out to you guys before I get into it. Just one second.

01:52:39,170	Uh, good evening, Chair Schwartz and Commissioners Wilmont Properties LLC and Wilmott Development LLC are requesting approval of a major subdivision final plot titled Boulder Ridge Commercial Edition, as well as a zoning map amendment from the CA Commercial and the CG Commercial zoning Districts to the CG Commercial zoning District for lot one block one Boulder Ridge Commercial Edition. The Project area contains 23.

01:53:00,330	63 acres and is located in Northwest Bismarck in the north east quadrant of the intersection of North Washington Street and 43rd Avenue Northeast. The proposed plot would create 4 lots in 2 blocks. The applicant has also submitted an annexation um for that whole area within the proposed plaid typically associated requests are reviewed together.

01:53:21,900	However, due to the notification timeline for annexations, the applicant that has asked that the associated annexation request be submitted separately to the Planning and Zoning Commission. You saw that annexation request at your last meeting. The hearings for all these requests will be, uh, will coincide and be heard together by the City commission, uh, with that final public hearing, uh, if you, uh, approve the request tonight.

01:53:39,900	The property is currently zoned CA and CG Commercial, which would permit a range of commercial uses. The property has been identified as community mixed use in the future land use plan.

01:54:00,730	Current adjacent uses include a mix of offices, single family, two-family residential to the north, single and two family residential to the east, a church, nursing home, and multi-family residential and retail uses to the south across 43rd Avenue Northeast in a convenience store in in undeveloped commercial land to the West across North Washington Street. The public was notified of this request.

01:54:21,000	A notice was published in the Bismarck Tribune on August 15th and 22nd and 66 postcards were mailed to the owners of nearby properties on August 15th. Staff have received two phone calls regarding this request. Uh, both just requested some additional information, um, on the project, just asking for some clarification.

01:54:43,900	Um, I will note that one noted, uh, the, the continued maintenance for a landscaping component adjacent to the single and two family units, um, to the north and the east. The request was evaluated according to standards contained within the Comprehensive plan, Bismarck Code of Ordinances and, uh, state law. The item that uh staff just presented to you uh before getting into this is an updated version of the final plot.

01:55:05,530	This was submitted to staff this morning, um, which is why it was not included in your packet. Um I, I believe Daniel, if you would flip to the next slide. Uh, so this on the screen here, um, for anyone in the audience or or any on the commission.

01:55:30,600	This is the updated version, um, the changes from the version that was in your packet and the one that is currently before you on the screen, um, include an adjustment to the lot line between lots 2 and 3, as well as that easement, that straddles those two lot lines. Um, all other items associated with the plot would be the same.

01:55:52,370	Um, the previous plotted landscape buffers that were included with the plot of Boulder Ridge first edition are not included on the plat since the landscape buffering requirements are included within, uh, the zoning ordinance.

01:56:16,370	Um, the section of 14-0311, um, notes that the location of those buffer yards be located along the entire length of any lot line where two land uses of differing intensity abut. However, as you can see on the proposed plat, um, there is a stormwater and drainage Eastment on lots 1 through 3, block 1, adjacent to the current residential and office uses to the north and east as well as uh those two family and single family uses.

01:56:38,170	If landscaping were to be installed along that line between, um, the storm monitor and drainage easement are within the stormwater and drainage ement. It would be difficult to maintain and keep alive and will not meet the intent of that landscaping ordinance for that buffering.

01:56:58,470	As such, staff has noted that the placement of the required landscaping be located on the interior portion of the storm on and drainage achievement for lots 1 through 3 block 1 Boulder Ridge Commercial edition. Uh, the zoning map Amendment associated with this request is only for a small portion of lot one, block one, Boulder Ridge Commercial edition.

01:57:16,170	Um, Daniel, if you would flip back to the zoning, please. As you can see, uh, on the map on the screen here or within the packet, um, the current parcel, um, just that little strip there, uh. is actually, uh, it was originally plotted and intended as a landscape buffer for that boulder ridge, uh, first edition. Um, it was, it is currently zoned CA commercial.

01:57:43,900	Um, it was not included in a previous zoning or zoning change that occurred in 2024, um, for the area adjacent to this. Um, as part of the associated subdivision process, a portion of this parcel is proposed to be replaited, um, with a portion of the parcel or the current parcel to the south,

01:58:03,600	um. and, uh, this would create a lot that would have two different zoning districts on it, um, and that would create issues with administering and interpre interpreting, uh, zoning requirements for that specific lot, as such, that small portion of the proposed lot one block one, Boulder Ridge commercial edition is the only item proposed to be

01:58:28,230	rezoned, um, just to provide that clarity. As a result of all findings contained in the staff report, City of Bismarck staff find that the proposed final subdivision Platt and zoning map Amendment would not adversely impact the public health, safety, general welfare and is consistent with the comprehensive plan.

01:58:47,330	Code of Ordinances and relevant state law. Uh, based on the, uh, findings, uh, staff recommends approval of the major subdivision final platform. They revised version, uh, that was handed out to you today.

01:59:10,870	Uh, for, uh, Boulder Ridge Commercial edition in the zoning map Amendment for the uh from the CA Commercial MCG commercial zoning districts to the CG Commercial Zoning District for Lot one block one Boulder Ridge Commercial edition. Do you have any questions for me? Comm, questions for Lauren. Comm Schell Lauren, were you given a rationale or a reason why the, the, the boundary between lots 2 and 3 were were changed.

01:59:29,070	I maybe I’d say it’s more than just a, an adjustment. It was a full like orientation switcheroo kind of thing. Can you maybe speak to that? Uh, I would punt that question more so over towards the consultant what I was provided was there was, um, a potential owner who wanted that adjusted, but I believe the consultant won’t be able to answer that better. OK.

01:59:48,900	Thank you. Thank you, Comm Schell. Commissioner’s additional questions forlorn. I’m not seeing or hearing any Lan. Thank you. Thank you. With that, I’ll open up the public hearing for this agenda item and it looks like landing is going to step forward as a representative. Thank you again, Schwartz.

02:00:08,530	Uh, yeah, just a, a couple things to add to what Warner presented here. Um, as you mentioned, the zoning changes just to sort of uh correct these small little loss that were left over that that landscaping buffer lots that used to basically surround this entire parcel and a number of them have been broken into

02:00:23,470	different parts, and some of them annexed into the city and some were not. So when we did a previous zoning change to to change this CA and CG.

02:00:34,370	It just became a little bit convoluted to do that one at the time, uh, knowing that we were going to be coming into the subdivision at some point, and that day is today, uh, so now we can, we can make that change to the CG just for that little sections so that it that it blends in with with the existing lot, uh, still keeping all that heavier

02:00:45,870	commercials on them away from the, the twin homes that are in place right there next to those, it’s only the light commercial and there’s no change with that right here, um, concerning the lot line adjustment, um, that, uh, Comm Schell had had talked about, um, we had received uh an orientation kind of a layout

02:01:02,470	before from from a potential buyer, and a kind of a north-south orientation over on the east side of the latte. Recently they, they changed mind, basically keeping their same building and things like that, but orienting it more east-westt so they would have direct access off of that right away that we’d be plotting rather than coming in through

02:01:16,870	the Ax access easement that we had intended before. I can certainly answer any questions if you have them. Commissioner’s questions for Landon Commissioner’s out and landed there’s no apartment buildings planned for this property. Comm Zent. I, I can’t let you pin me down on that. Anything’s certainly possible.

02:01:39,800	It certainly allowable in CA and CG, but, uh, as far as I know right now that is not the intent. Good. Thank you. Any other questions for, uh, Landon? I’m not seeing or hearing any London. Thank you. Thank you.

02:01:56,870	With that, the podium is open for others that would care to address this agenda item. not why I’m here tonight, but just a quick question on this because I drive that route every morning. Um, have they done a traffic impact study on that, um, Marvin Le, by the way.

02:02:18,870	because currently with school beckon session um, I live on Aspen Avenue and to get to my job, which is on Fifty-seventh Avenue. I’m leaving 20 minutes early to get to work with school. Um, the impact from Horizon, the impact from Stint Mary’s, the proposed exit route that you’re showing is gonna be dumping straight onto that North Washington without additional study for traffic for stoplights, or anything

02:02:42,730	else. I’m gonna be looking either for another route for work or 35 plus to get where I need to be. Just a question for that particular section cause I drive it. almost every day of the year. So, Thanks. Legitimate question, Martin. Thank you.

02:03:06,970	Comm Zent, did you have a question for Marvin? Oh, OK. I can hang out, but just All right. The podium is open for others that would care to address this agenda item. OK I, I just wanted to to just to address that issue right now, those access points are, are right in, right out.

02:03:33,630	They’re sort of three-quarter access points, so they’re, they’re not generally going to have cross traffic, uh, particularly on that Washington access point. OK Thank you. Thank you for that clarification. sir My name’s Da Clement. I’ve owned this property for a while. Finally starting to develop it. Um I can assure you, if this sale goes through, the whole neighborhood will be happy. No apartments.

02:04:06,100	I can assure you that. And as far as the question, it’s a right in, right out I mean, I have access somehow out of in and out of the property. That’s all we got I’d love to have full access to this property would have been developed a long time ago.

02:04:29,070	So with that, I appreciate the opportunity to visit and ask that you move forward on this, and I guarantee you. the neighbors will love this. development if this, this one happens. So, Thank you. Any questions? Comm questions for Da before he steps away. I’m not seeing any. Thank you We’re that the podium is open for others that would care to address this agenda item.

02:04:53,170	and I’m not seeing anybody stepping up. So with that, I’m gonna close the public hearing on it, uh, Commissioners and I guess Lan. any additional comments No additional comments at this time, Chair. All right, thank you. With that, Comm, this is a request for a zoning map amendment.

02:05:17,630	and staff recommends approval and a major subdivision final plant and against staff recommends approval. What are your wishes? I. OK, we have a, OK, we have a motion to approve from Comm Bittner and a second from Comm Zent. Any additional discussion Mr. Schell Just a, a clarification piece, uh, the access on North Washington Street would be a right in right out off of Clement Lane.

02:05:40,630	The access onto 43rd is a 3-quarter access, so you’re allowed into the property from that, uh, A access point you, but you aren’t able to, to leave and, and cross the roadway or take a left out of that site. So 33 movements are allowed, but the one movement out is restricted.

02:05:55,000	So just as a clarification is all. Thank you for the clarification. Comm Seac, did you want the floor? OK, you’re good. OK. I had a, I guess a question more for staff, probably, but with the resi revised lot lines, how, how would that be properly documented in this rule? clarification probably forgot.

02:06:16,100	OK, I think that’s probably a question for Lauren. Uh, are you, are Comm Lukins a chair of Commissioners, uh, for clarification, are you talking about the online staff reports.

02:06:38,900	we are able to update that as it’s on their virtually, um, if it were to be approved, we could add this as an addendum if possible. Sure, sure, thank you. Thank you, Comm Lukins. Any additional discussion, Comm Zen. Yeah, I drive that every day too, and there’s certain times that the traffic is congested, but it clears out within 2030 minutes.

02:06:58,800	There’s other times you can go right through with the, with the traffic lights and stuff. So, um, in the mornings and then the afternoon right about 3 o’clock, 3:30, it’s a little bit busier, but it’s from the school. In the summertime it’s not a pro Thank you Additional discussion All right, I’m not seeing or hearing any.

02:07:17,900	There’s a motion on the table to approve. Sarah, would you please call Roll? Comm Seak Yes, Comm Johnson, yes, Comm Larson, Yes, Comm Lukins, Comm Schell, Yes, Comm Field, Yes. Comm Schmitz, Comm Bittner. Yes, Mr. Zentz, Schwartz, yes, the motion is approved.

02:07:44,070	With that, we move on to item G in our regular agenda, the William Blackstone edition, and Jenie is going to provide us with staff report this evening. Thank you, Chair Schwartz, Commissioners. Michael Ward is requesting approval of a zoning map amendment from the A Agriculture Zoning District to the RM 30 residential, R 10 residential, R 5 residential, and Public zoning districts, major subdivision, final plat titled William Blackstone

02:08:10,270	Edition and annexation of all of the proposed plat and all of Tyler Parkway from Fifty-seventh Avenue Northwest to the northern boundary of the Platte. These requests are located northwest of Bismarck, west of North Washington Street, and north of Fifty-seventh Avenue, Northwest along the west side of Tyler Parkway. The block consists of 59.

02:08:31,370	24 acres with 118 lots and 9 blocks. The annexation request again includes the entire plaid and all of Tyler Parkway from Fifty-seventh Avenue Northwest to the northern boundary of the Platte. The total size of the annexation is 63.03 acres.

02:08:52,170	The area proposed, the area of the proposed annexation is contiguous with corporate boundaries, all costs associated with extending municipal infrastructure will be the responsibility of the developer. These are being proposed for future residential development, the proposed plot includes green spaces, walking trails, and a neighborhood park. The neighborhood park would be located on lot 1, block 6 of the proposed latt and is proposed to be zoned Public.

02:09:10,370	A draft Nehood park development agreement was reviewed by city staff in Bismarck Parkland Recreation staff. This agreement is acceptable to staff and is proposed to be finalized at the September 11th, 2025, Bismarck Pork Park Board meeting.

02:09:27,470	The signed Park development agreement will be forwarded to the City Commission for final consideration of the plats on a map Amendment and annexation. The majority of the plot will be developed for single family homes with the exception of Lot 1, block 2, located at the intersection of Tyler Parkway and James Wright Avenue. This lot is proposed to be zoned to RM 30.

02:09:43,470	The Planning and Zoning Commission at their meeting on January 24th, 2024, considered and voted unanimously to call for a public hearing on the proposing zone proposed zoning map amendment and tentatively reprove the preliminary plaque. An application for final plot was submitted for review in August of 2024.

02:10:05,000	In an effort to address concerns regarding stormwater management, the overall request for approval of the plot was delayed, allowing the applicant’s consultant. The opportunity to work with the US Army Corps of Engineers concerning impacts to wetlands within the proposed platted area and mitigation requirements. The US Army Corps of Engineers recently approved the permit for the proposed wetland mitigation and corresponding stormwater management has been approved by the city engineer.

02:10:25,330	The planning and zoning Commission considered and called for a revised a call for a public hearing on a revised zoning map amendment at your meeting last month, the revised zoning map Amendment included our 10 residential zoning districts for lots 2 through 12, block 6, lots 1 through 8 and lots 22

02:10:41,630	through 27 block 7 of the proposed plan. The applicant and their consultant determined that the R-10 residential zoning would be needed. as the buildings proposed would not meet the lock coverage requirements in our R-5 district. The R-10 zoning district allows for a 40% lot coverage while the R5 only allows for a 30% lock coverage.

02:10:59,800	The applicant has also submitted a waiver request to modify the lot with at the property boundary adjacent to the street and lot with at the building setback line for 16 lots within the proposed plot.

02:11:17,430	The city’s zoning ordinance requires a lot width of no less than 60 ft at the property boundary and no less for 40 ft at the building setback line for properties zoned R5 and R10. Staff is supportive of this request as these lots are either identified as non-buildable green sprayce or adjacent to lots identified as non-buildable green space. The Past plat also includes a temporary access to the development to meet the city’s secondary access requirements.

02:11:38,800	The proposed access is located on Lot 12, block 9, adjacent to Tyler Parkway. The city will be entering into a development agreement with the developer that lists the installation and maintenance responsibilities, time frames and triggers for removal of the temporary intersection and road and restoration of Lot 12 to a buildable lot.

02:11:57,470	Approval of the development agreement will be required prior to recordation of this plot. The city engineer has requested a temporary turnaround easements outside the proposed plot at the terminus of Holberg Drive, Burning Lane, and James Wright Avenue. These easements must be provided prior to recording the plot.

02:12:15,800	The city engineer has also requested a separate dedicate dedicated right of way or separate easement to the city of Bismarck for all municipal services from Fifty-seventh Avenue to the southern boundary of the Platte. The season is proposed to be located within the Tyler Parkway right of way and would also be required prior to recordation.

02:12:32,270	The, the public has been notified of this request. A notice was published in the Tribune on August 15th and 22nd and 29 postcards were mailed to the property owners of nearby properties on August 15th. We have received written comments. Those were emailed to you prior to this evening’s meeting.

02:12:51,530	The annexation zoning map Amendment in Major subdivision final plot were evaluated according to standards contained within our comprehensive plan, Code of Ordinances and state law. As a result of the findings contained in the staff report, stafff find the proposed annexation. Zoning Math Amendment and Platt would not adversely impact the public health, safety, and general welfare and is consistent with our comprehensive plan, Code of Ordinances and state law.

02:13:09,630	Therefore, staff recommends approval of the zoning map amendment from the Agricultural Zoning District to the RM 30 residential, R 10 residential, our 5 residential, and Public zoning districts, the major subdivision final flat for William Blackstone edition, and the annexation of all of the proposed latt and all of the Tyler Parkway right away from

02:13:29,430	Fifty-seventh Avenue Northwest to the northern boundary of the Platt, including granting a waiver to reduce the lot widths at building lines and building setback lines as outlined in the attached waiver request.

02:13:46,900	With the following three conditions a temporary turnaround easement at the terminus of Hoburg Drive, Burning Lane, and James Wright Avenue are provided prior to recording the plant. Separate dedicated right of way or a separate easement to the city of Bismarck for all municipal services from 5/7 Avenue Northwest to the southern boundary of the Platte is required prior to recordation and a development agreement outlining the installation and maintenance responsibilities, time frames and triggers for removal of the temporary intersection and road and

02:14:07,370	restoration of lot 12 to a buildable lot be submitted prior to recordation of the plan. Do you have questions? Commissioners, questions for Janie. I’m not seeing or hearing any, Jenny. Thank you. With that, I’ll open up the public hearing on this agenda item. Would either the uh requester or a representative. be available. Both. Excellent.

02:14:36,100	Good evening, Chair and Commissioners. My name is Nick Cullen. I’m with Houston Engineering. I am an engineer, just FYI, but I do have a lawyer next to me as well, so, boy, we might as well leave, right? Um, no, Jenny, Jenny covered everything extremely well on the staff report.

02:14:55,270	We have reviewed the comments made by Burleigh County and support the responses made by the city of Bismarck’s Engineering Community Development Director, um, and have no further comments regarding the responses at this time, um, but my client and I are both available, uh, to address any questions or concerns that you might have throughout the

02:15:14,530	public hearing process. And my name is Bob Martin for the record, Mr. Chair, thank you, Bob. Commissioner’s questions Yes, Mr. Chair. Comm Bedner, please proceed. Thank you.

02:15:42,800	Um, I am aware of the, uh, concerns from the Burleigh County Engineering department, but I was not aware of, uh, uh, answers to those concerns? Uh, chair, the responses are in the commissioner’s packets, so Comm Bitner, did you get a packet or I did electronically, but I didn’t see that. Oh, OK. It is part of the packet.

02:16:33,530	146 Are you seeing anything, Comm Bitner? No, I’d, I’d have to exit this screen and go into emails and call up the link and whatnot, so. OK. that’s not gonna work for me Thanks Mm thank you Commissioners additional questions for Nick. I’m not seeing any, Nick. Thank you. Thank you. Thank you, folks The podium is open for others that would care to address his agenda item.

02:17:26,000	Uh, thank you, Chair Schwartz, uh, Chair Bittner, Mayor Schmitz, and commissioners. Uh, my name is Chad Moldenhauer. Uh, I am the owner of Kel Homes and Heritage Development here in Bismarck. Uh, I received a postcard here in the mail about a week and a half ago.

02:17:41,330	Uh, I’m an owner of a home that is adjacent to this property, and so I’ve got some, uh, some concerns about some of the things that, um, that, that we see in the packet and, and in the development itself, um, first and foremost, uh, I am the developer of Heritage Ridge, uh, Heritage Ridge consists of 120 single family home lots.

02:17:58,430	They are uh in some of them are adjacent to this property. I’m also the developer of Heritage Cottages here in our community and Heritage Cottages is uh 55 and overdevelopment.

02:18:18,630	The total build out is gonna be 98 residential units, um, and I see some of our residents are are here today to speak, but we did have a this this letter that was sent out it had a lot of different questions from, uh, the Jason property owners and so they did ask me to put together a letter which uh I did send to the city, I think it was yesterday.

02:18:34,700	I did include some copies here that I could hand out just in case you haven’t received it. Thank you, Chad. We did receive. OK. Excellent, excellent.

02:18:56,530	Um, so as you probably realize, um, I’ve been on both sides of conversations like this in the past, as both as a developer and, and now as a property owner and as an adjacent developer, um from the, the public hearing that we heard earlier, obviously, uh, anytime you have a development that is being proposed adjacent to a community, you’re going to have, um, a lot of really strong feelings in one way or the other.

02:19:11,600	Um, I wanted to start off just, you know, my, my presentation today by saying there are some certain positives in this development that’s being proposed. I’d love to see the public park. Uh, I was on the Green Space Committee 12 years ago when we set the table for parks like these to be included in neighborhood neighborhood developments going forward, um.

02:19:30,230	I like the walking trail. If this does connect at some point with Tyler Parkway, it’d be great for residents to have that walking trail and have that that interconnectivity between Ash Cooley, which I believe is where the walking trail leaves off right now and and Tyler Parkway, um, also the

02:19:46,170	development pays homage to uh some Supreme Court justice names which may be somewhat difficult to pronounce for some of the folks that are traveling on those roads, but for those with a legal background, I’m I’m sure they’ll, they’ll appreciate that.

02:20:02,870	Um as I said before, uh, I’m, I’m not opposed to development in general. I’m a big proponent of development in this community, uh, but it has to be done in a safe, orderly, and predictable fashion, and I think there are some things that are lacking on this platform right now that I’d like to see this, uh, the city Comm or this planning and

02:20:18,800	zoning Commission address. Um, I have been, uh, in front of the commission in the past for both Heritage Park and Heritage Ridge, uh, and actually the first iteration was, uh, was not accepted by the Planning and zoning Commission.

02:20:34,900	Uh, we were encouraged to go back and continue to work on it, and that’s what I would certainly encourage you to do for the the plat that we have here. Uh, the, the biggest thing that I heard from residents, we, uh, when, when I got some feedback on the development was uh the access points and the concern with the access points.

02:20:51,970	Uh, the speed of traffic as it moves right now is what it’s a 55 mile per hour roadway, but I would say on any given summer night you can see cars moving a whole heck of a lot faster than that.

02:21:04,900	When you’re a developer, you generally try to line up access points because if I can see where the traffic is coming and the traffic can see me, um, chances are we’re going to be able to navigate that roadway in a safe fashion. Um, you know, unfortunately, uh, we have what I would call an offset intersection.

02:21:20,800	I know there’s a letter that was distributed from the county to the city and and there’s maybe a point of contention as far as whether the private drives in our heritage cottage development count as an offset intersection.

02:21:42,630	I think there’s even um some information on uh T intersections, maybe being more safe than um than these offset intersections or or that they’re different things, but, um, I’m not an engineer. I was made the mistake of sitting next to landon earlier when some of those questions and comments were kind of thrown in his direction.

02:21:55,730	Um, so for me, like I said, if you have traffic, it doesn’t matter if it’s coming from a private development or if it’s coming from a city or to our road, um, you know, that traffic should be able to, to to see what’s coming at them. Um, I’ve, I’ve cleaned snow in our heritage cottage developments now for the last couple of years, and I can tell you that, uh, coming over the roadway down into the cottage development.

02:22:10,430	Uh, it’s really hard to see that area, especially in the wintertime when things are icy. Uh, if you do allow this platform to 3 access points within 700 ft and 4 access points within 1400 ft, and I just don’t think that is um is is a safe way to, to put

02:22:34,370	this development in place, uh, or something that the city should allow. Fifty-seventh Avenue should be an access point that’s included in this development, I believe it, I, I’m not entirely sure why it’s not in the the the development right now as opposed to maybe just uh cost savings for the

02:22:53,700	developer um, the, the county, I think would tell you that that would be uh something that that they would require if they were to approve this development and to see this, um, this actually you get put forward.

02:23:10,170	Uh, we also believe that there should be at the very least, if you are going to allow these these access points to be a traffic study. Traffic study is something that, uh, that I had to do with one of my county subdivisions and when you have access points that that don’t match up with the arterial roadway studies that we’ve done, either the, the one on.

02:23:35,230	uh excuse me, um so just because we’re not a fleet farm, a Costco, or a Walmart. Um, I do think the traffic is already there. I think you’re going to have some residents that, um, that, that can attest to that.

02:23:50,730	Another concern that I, that I have, and I think a lot of the residents have expressed concern with is the RM 30 lot, which is lot 1, block 2. you heard some residents come up in the South Meadows subdivision and they talked a lot about predictability, um, you taught, heard, uh, Comm Larson talked about uh some of the concerns about placing an RM30 lot like this, kind of right at the edge of town or an apartment type

02:24:08,600	lot, uh, if you look at our Bismarck’s Together 2045 Comprehensive plan. This particular piece of property is in the urban neighborhood subdivision or at the urban neighborhood area, um, and that is defined as predominantly residential with a mix of single-family homes.

02:24:31,330	Um, this is not something that would be conducive to the type of traffic that that you might see adjacent to Tyler Parkway in that spot. It’s not compatible with adjacent uses. Um, we’ve got single family homes in Heritage Ridge. We’ve got some row homes in Heritage Cottages.

02:24:48,530	The den s ity is actually less than 6 units per acre on those units. And I would argue that, um, this is not compatible both with adjacent uses or um or in harmony with the comprehensive plan. Uh, if you are going to do something like this, I understand that there’s a need for more of a, a density in some developments.

02:25:05,070	If you are going to do something like this, it should be closer to an arterial roadway, like a fifty-seventh Avenue, uh, or, um, maybe be phased in a development, not at a location that that I think is already problematic in itself.

02:25:22,730	Uh, the other concern that that I think has, has come up with uh the various conversations that I’ve had with, with residents, uh, is, is just kind of the relative remoteness of the development when, when we first put Heritage Park and Heritage Ridge forward to the city commission. Uh, we actually got, got denied for a couple of different reasons.

02:25:41,330	Uh, the first reason was the, uh, the sanitary sewer connection that we had at the time. It was, we were proposing a lift station that was uh about 3 / 4 mile away from uh the the city services.

02:25:59,900	We were told that that was a little too remote, um, I actually saved the, the article here and it says, uh, Bismarck planners, Nicks subdivisions. The quotation in there was from Mayor’s Seminary, and it said, uh we’re trying to eliminate, um, we’re trying to eliminate donut holes. Uh, this only amplifies that problem. Uh, this subdivision actually has a 1.

02:26:19,330	5 m of force main or pretty close to it that is being proposed, and I realized that the, the developer is gonna be carrying that cost initially for the lift station, but, uh, the city of Bismarck is gonna have to carry that cost down the road.

02:26:34,100	I know from experience we have a lift station in Heritage Cottages and we’ve already had some, some maintenance issues that we’ve had to work through and it froze up over the course of the winter. So, um, that, that certainly concerns me.

02:26:50,630	The only real connection that um that the this particular piece of property has to Bismarck because they’re not getting the water from our developments or not getting the sewer from our developments, um, and these roadway connections are tenuous at best, uh, is, is, you know, through Heritage cottages and, and as we kind of you here in, in the back and forth between the city and the county, uh, the, the, the city doesn’t believe that a private development with private

02:27:08,070	driveways has, has the same effect or carries the same safety concerns as you know Archi roadways So once again, uh, I think this in, in a lot of ways is probably more of a donut hole than than our development was right when we first proposed it, but the reason why you’re sitting on

02:27:24,870	this, this commission is because you know we’ve got to be able to use our common sense. We’ve got to be able to to use our experience to to get the best possible outcome, and I do feel like if, if safety is a concern and that natural growth of Bismarck is a concern that

02:27:41,900	that we should either deny this development or consider making some adjustments. I think the first adjustment that should be made is James Wright Avenue, which should be matching up with the existing access point down at Heritage Cottages, um, just for safety’s sake, if nothing else, uh, that fifty-seventh Avenue connection, and that should be required

02:28:02,170	right away. I don’t think it’s responsible to rely on the developer to put it in eventually when we’ve got traffic that that moves pretty quickly on that road already. Um, a traffic study, I think would put a lot of this to rest.

02:28:16,600	The, the, the back and forth between the city and the county as far as what’s safe on the roadway. If these two access points are pursued, then at the very least we should have a traffic study that would say that. Um, and then lot, lot 1, block 2, that’s the RM 30 lot. Um, it is not compatible with adjacent uses.

02:28:33,100	It is not something that that was covered in the Together 2045 plan, and it shouldn’t be allowed in this location. So once again, um, I’m, I’m not against development of this parcel.

02:28:52,470	as long as it’s done in a safe, orderly, and predictable fashion, and I would ask that that uh this, this group, uh, not allowed this development to go forward in its current form. OK. Commissioner’s, uh questions for Chad before we let him off the podium. None? OK, Chad, thank you. Thank you for your time. I appreciate it tonight. With that, the podium is open to others that would care to address this agenda item.

02:29:29,730	Hello again Did I jump ahead of somebody, please, sir. Go right ahead. Go right ahead. Uh Chair, the Mayor, and commissioners.

02:29:49,100	My name is uh Mike Morrell, and, uh, I don’t get to do this at all, so I’m just as nervous as all the other people that came up here, but uh, my wife and I a little over a year ago purchased our home at 6201 Tyler Parkway, right across the street from this proposed development. and uh it was gorgeous. We love the community.

02:30:10,870	We love the, the Missouri River and everything, and it has to offer and and, uh, we thought it was a perfect home and we also recognize that potentially down the road, Bismarck’s expanding. There could be homes across the street from us, but when I looked to the, to the South. and see all that open lots and stuff like that. I didn’t think that it would be all that quick.

02:30:27,370	To my surprise, when I found out about this development, um I like, wow, you know, this is happening a lot quicker than I realized. And on top of that, right across the street, there’s the RM 30, uh, zoning uh proposed, and I didn’t know what that was, so I started doing a little bit of research

02:30:50,330	and I went to Bismarck’s, uh, comprehensive 2045 plan and looked up the definition of, of urban, the urban neighborhood, uh, current zoning in which uh to me when I read the staff report, it was going to stay urban neighborhood.

02:31:16,530	and, and, uh anyway, in there, it said nothing that I could see about an apartment building or something more than, than a 4 plexum which my wife and I are living in, and it goes on and talks about commercial uses are restricted, limited to working from the home and the occasional yard sale. And again, a farm boy growing up on the farm and moving into the city.

02:31:34,170	uh I look at apartment buildings as being commercial property, and I could be way off on, on that, but it’s, it’s a, it’s a structure for for profits. So I was like, you know, this just can’t happen the way it, the way I interpret this.

02:32:00,800	and uh so there, there are other issues, you know, as, as Chad had mentioned with the traffic and stuff that we’ve seen in the, in the area, uh, over the time that we’ve been there.

02:32:17,870	And I guess I just look out across the, the, the site for Paul site and, and it’s, it’s a, a blank slate the way I see it. It’s all pasture. I don’t know how many people have come out there and taken a look at it and stuff like that, but it’s, to me, it’s an opportunity having such a nice clean blank slate to to to look at the traffic in the area and

02:32:33,900	the roads that are proposed and the whole development and see how it fits within the rest of the community. and, and, uh, and that’s what I kind of expected would, would happen with that property and not just a typical development coming in and leveling off the ground, tearing the grass up and

02:32:51,000	putting houses there and moving on, putting a little park in the corner. So it just seems to me to have a lot of potential and, and I would hope that, uh, the Commission and the the zoning Commission would, would work with the developer on some of our comments and take it seriously.

02:33:08,630	In everything you heard on South Meadow, um, applies here as well. And, and I was surprised to hear on South Meadow that there is an RM20 zoning there, and they felt that they needed that to, to build an apartment building, and uh so I guess my RM definition when RM 30 or or thought of what that could be

02:33:31,600	is not too far off as far as the potential for, for, uh, an apartment building there. Um but I thank you for the opportunity to, to comment if anybody has any questions or Comm questions for Mike. I’m not seeing or hearing any, Mike. Thank you. OK, thank you.

02:33:54,730	With that, the, uh, podium is open for others that would care to address this agenda item. Hello again. Hello again. Uh, again, for the record, Bob Martin. I’m representing the Ward family that is, uh, putting together the Blackstone development. I wanted to address the concerns that Mr. Moldenhauer raised at one point at a time, starting with the Tyler Parkway access.

02:34:12,730	Access has not changed since the application submittal in August of 2023. It has been reviewed and discussed by the city and county for the past 2 years.

02:34:32,070	including the January 24th PNZ meeting when the layout was tentatively approved James Wright Avenue is actually 326 ft on center from the North Private Driveway indicated in the Platt and 330 ft 7 ft on center from the south private driveway.

02:34:51,100	So, uh, these concerns about the impact on the traffic, uh, do not seem to be warranted given the outlying, or excuse me, the, the way that the roadway has been outlined and the temporary access point is actually 672 ft uncentered from the South private Driveway and 698 on center from the center of 5/7 Avenue Northwest Intersection and site distance were reviewed at both access points and it seems to me we could support lowering the speed limit on Tyler Parkkway if that’s such a concern.

02:35:07,730	After all, Mr. Mullenauer is maintaining that the 55 mile an hour rate isn’t being filed in any event, um, and we have no problem in doing that if the city uh staffs or deems it required. Now, with respect to Fifth and 7th Avenue Northwest.

02:35:26,600	The reason that we’re is not to save money that we’re not incorporating that the right of way access was sold to Burleigh County for the entire length of Fifty-seventh Avenue Northwest three years ago. No construction has taken place We’ve had this on hold for quite some time. We started this project over 2.

02:35:45,730	5 years ago and we can’t see the point of waiting for Burleigh County to build 5-seventh Avenue Northwest before we can use that as an access point, and two access points are required. So that is why we’re not incorporating the fifty-seventh Avenue Northwest at this time.

02:36:01,600	Uh, it is our full intention, as it will be reflected in the developer’s agreement once the access does open up in 57th Avenue Northwest we’ll be closing the temporary access, but at what point that takes place is going to depend upon how soon the county or the city if they take over the easement that was sold to Burig County, actually constructs Fifty-seventh Avenue Northwest.

02:36:18,800	Now, with respect to the Simi saniti, uh, city sewerman, excuse me. This is required by the city of Bismarck. The sewer shed in this particular development drains to River Road The city will not allow a force mean in the river road. Therefore, this station and force means required and will discharge into a gravity main near Prairie Hawk Drive.

02:36:35,900	There this force may will not be abandoned in the future, and all installation costs are being borne by my clients. Uh, I think one assessment I had was 1.5 million for the lift station.

02:36:52,870	And while that’s going to add significantly to our cost for this first phase of the development, that list station will be designed to service 150 acres. So phase two of the development, which will be going to the north, and I know there was some concern about crowding in the schools.

02:37:07,800	I have been in contact with Bismarck Public Schools about a purchase of property for the construction of a new middle school or grade school or elementary school, I think they said. So we’re looking forward to expanding this development throughout the totality of Section 7. and it seems to me that uh these concerns are adequately addressed by what has been presented in those letters back from the city. in response to the Coy’s questions.

02:37:26,000	There was also some question about remoteness. Uh, the city of Bismarck Community Development Department requested a higher density, higher density residential and that there’s no RM 30 with 1 mile of La Salle Drive, and it’s extremely limited high density and it’s residents are extremely limited high density residential available in North

02:37:44,100	West Bismarck. Uh essentially, I don’t know how it can be remote if Heritage Park is right across the street. That is a part of the city of James, um, excuse me, Bismarck, I’m from Jamestown. Um this was actually done at the request of the city during the planning phase.

02:38:01,170	They wanted to have that high density and uh annotation for that particular lot. We’re perfectly amenable to changing that. downward, uh, we don’t have anybody that’s been hot and heavy to buy that lot to construct an apartment building. So, uh, I’m perfectly uh agreeable to matching the same zoning that’s directly across from it. If that will quiet Mr.

02:38:20,630	Moldenhauer’s concerns. Um. I should add on the temporary ax access one more point. Uh, I think I already mentioned that, sorry, I’m being redundant. Did that raise any questions or answer any questions for anybody? No Go ahead, Comm Johnson. I may have missed it.

02:38:47,800	Why, why is it taking so long since 2023 to finally come in here today. Army Corps of Engineer approval for the uh impact. on the uh strom of the stormwater plan, essentially the core was out of all the bureaucratic hiccups we’ve had in doing this project. The Cores is by far the worst.

02:39:05,470	It was a matter of I, I think almost 89 months before we finally got that taken care of. Did you say the preliminary la was, that was still a year ago. Is that right? When was that? Was that applied in January 2024, so it was actually a year and a half almost 2 years ago. OK Thank you, Comm Johnson.

02:39:25,530	Uh, Comm, additional questions for, uh, Bob. Bob, thank you for clarifying the, uh, the density on that RM30 because I, to me it looked like it was out of place and I was trying to understand. Well, it was at the request of the city and like I said, we have no problem matching the density across the street. OK.

02:39:45,800	Thank you The podium is open for others that care to address this agenda item. Uh, good evening. My name, my name is Suzanne Oliver. Um, thank you for hearing me, Mayor and Commissioners.

02:40:16,800	I wonder how many people who are here now have driven along Pile Tyler Parkway, coming from Elk Ridge Elementary or Ash Cooley where Horizon is going north. First of all, to say it’s not a remote area. I don’t know, maybe because I didn’t live here all my life, but I’d call where I live remote. We don’t even get our mail 6 days a week. I mean, doesn’t that qualify as somewhat remote. OK.

02:40:44,000	Secondly, access to this community from 57 should be a given if you’ve driven from Ash Cooley past 57. going north there’s a hill that comes like 57 is the hill coming down to Tyler Parkway. When the ice comes which it invariably does, there should not be a stop sign at the end of ’57. twice, uh.

02:41:25,100	I’m old I drive slowly and thank God because twice a car coming down from 57 absolutely could not stop. There’s just no way that that car could stop before making its left going towards going south towards Ash Cooee. I was going.

02:41:53,370	south also and had to swerve onto the the small access road. I, I don’t know whatever you call it, it’s like a farm road, like with gravel on it. And if I hadn’t been going slow, there’s no way that there wouldn’t have been an accident. So to say we don’t need that access is a fallacy.

02:42:10,630	If you drive it in the winter, in the summer when it’s gorgeous and beautiful. You can see better. There’s no clouds, it’s, you know, that’s a different story, but we have winters, we have ice, and it always comes. forget climate warming or whatever.

02:42:34,100	So anyway, I just wanted to address the access thing and the remote remoteness of I feel like we are on the edge edge. like, was it South Meadows was talking. They feel like they’re on the edge. My God, I think we’re on the edge edge. If they’re on the edge.

02:42:50,230	So the last thing I feel we need is an apartment building and I was happy to hear that they would the other people who are planning to build would rezone that to match what we have on the other side of the street. The last thing is more an emotional thing Um I’m sure you recall the man who talked about his forever home.

02:43:16,270	Well, but when you get to our age, I’m 77 It is your forever home because you’re gonna go from there to a nursing home or heaven or hell, whichever, but we’re we’re done. We’re finished. When I bought this home, I used Darren Schmidt, who’s been a realtor in this neck of the woods since ’08.

02:43:39,100	I bought my home on Bell Street from him, and I used him to buy this house on Bell Street, he said to me, You’ll never have a problem selling you live right down from Grimswood School and he was right I sold that house in a weekend. Now I turn around and he says he I used him to buy the house from Chad.

02:44:04,330	And he said, I said, oh, it’s so beautiful across the street. And he goes, oh, you’re not gonna have to worry. It’ll be years before they even think of building on there. The wards on that, you know, the Ward family owns that property. Don’t even, you’ll be dead and buried before they build anything. Well, I was crushed.

02:44:29,330	crushed when I found, I mean, I’m only one person, but I think us in that community feel that way too. It’s like. you know, the houses were expensive but. we did that because of where the place was on the edge of the community, no congestion. Now we’re gonna have a mess across the street.

02:44:52,370	I mean, that’s how I feel, but I could live with the houses over there. If we could take care of the fifty-seventh and not have an apartment building. So thank you for listening to me. I appreciate it. Good night. Susan, thank you for your comments. Do you have any questions? Commissioner’s questions I don’t think so. Thank you, Thanks very much. Good evening, Mr.

02:45:33,870	Chair, uh, Mayor, Commissioners, uh, thanks for the opportunity to, to speak in opposition to the William Blackstone edition as proposed, um, in the interest of time, I think I could just say I did all the comments of Mr. Moldenhauer and Sir, could I get you to introduce yourself? I’m sorry, Gary Peterson. I live upon, uh, Crestabue Road.

02:45:56,370	So my and my wife’s property where we’ve lived for 5 years. looks to the West over the proposed development. Um, when we bought that property, we were under no illusion that um it wouldn’t be developed, um, just, it’s a natural, but as I’ve had conversations with Mr. Moldenhauer and others in our neighborhood.

02:46:19,000	Obviously there’s concerns which have already been expressed, but just to hit the highlights is the access points um are a concern. I look right, Tyler Parkway and watch the, uh, supposed 55 mile an hour traffic, uh, buzz by, um, all day, every day. Um, it, it needs to be addressed.

02:46:43,470	Um, so it’s the access points, speed of traffic, and I agree with Mr. Baldauer that a traffic study would be really, really helpful and important, um, to make sure that development is done properly. A biggest concern is the RM30 lot conversation and, uh, I appreciate, um, the fact that there could be some consideration about uh um some concessions there.

02:47:10,600	That, that’s the biggest thing for us because, um, as my wife and I knew there’d be development, um, there was no anticipation of, uh, uh an RM30 type of situation or a potential, I think up to a 41 unit.

02:47:35,170	apartment building and uh um as you consider your decision, I hope you use the same philosophical approach as you did earlier in the night, um, about, uh, that particular issue to this because I think it’s extremely similar. Um, lastly, um, there is a concern about, um, sewage, and I, I think there’s been good conversation here. I don’t understand that stuff at all. Um, I just know what I see right above ground.

02:47:59,170	So uh appreciate your, um, careful consideration of what you hear tonight and uh appreciate uh all that you do and your commitment to public service. So thank you. Comm questions for Gary. None, Gary, thank you If I could get you to hold your applause just a little bit this evening.

02:48:26,530	I appreciate your support of everybody, but thank you. Penn’s not working here. Good evening, Chair and Commissioners. My name is Jane Schumacher, and I am also a resident of the Heritage Cottages Development, and I echo, um, many of the concerns already shared here this evening, so I’ll try to be brief here.

02:48:55,100	So, my current concern about traffic safety and the access points, um, to reiterate what others have said, living on Tyler Parkway, I can attest that on that portion of road between 57th and 71st is currently highly traveled and, and fast, oftentimes, um, and with the future expansion plans to connect Tyler Parkway through Ash Cooley.

02:49:16,230	I think that’s going to really add to the traffic on uh North Tyler Park Way. That’s probably going to become a new thoroughfare. People are going to avoid Washington that they take now to get north and they’re gonna jump on Tyler Parkway.

02:49:35,800	Um, so the, the proposed, uh, proposal of the offset access points along Tyler T y ler Park Way, um, is, is a concern that it could create some traffic hazards, especially with the increased traffic over coming up over the years. And also with just during the development of, of the Blackstone, um, development buildout time frame.

02:49:57,070	You’re gonna have slow traffic moving in and out of their construction equipment, trucks, you know, um, pay loaders, whatever, moving in and out of that development and I guess my concern is it would be much safer to enter that that development via fifty-seventh versus a a temporary access point, um, or, or the other North uh access point.

02:50:19,370	I know you need two access points, but for all that big equipment to safely get in and out of that developing area makes more sense to me to to do that off fifty-seventh and, and, you know, uh, access into the development that way. um, so that, that would be my one ask.

02:50:36,630	And, and then also to echo echo the concerns about the RM30 lot. Um, again, I appreciate that there is some willingness to, to change that, that zoning to something more amenable to to the area as it exists now, um, and just, you know, I too read

02:50:54,800	the Together 45 plan and RM30 does not really fit in in that definition, um, of that urban neighborhood uh, area. So, um, my ask would be, you know, to, to look at the, the zoning of that as well, um, and because as you’ve heard tonight, um, those apartment buildings can affect the property values and

02:51:18,270	those of us that live in the cottages and, um, you know, along the other heritage development, we don’t want to see our, our property values diminish either. A great things about the, the development, yes, the parks, the walkability, I’m looking forward to that as a resident of of the cottages, um.

02:51:38,000	but very concerned about safety along that road right now. Thank you Thank you, Jane. Comm, is any questions for Jane? I’m not seeing any. Thank you Uh, hi, I’m Darr old Dubo Darr Darr old Dubo Darr Guy, um, longtime resident, twelve-year resident of Bismarck.

02:52:09,000	We, uh, moved away in 21 to be full-time residents of Arizona and realized that was a mistake right off. And, uh, this May we purchased the home cottage, heritage cottages. It was automatically. We, we came back in Christmas time to visit our daughter. We realized 2 weeks is not enough out of the year to see her.

02:52:28,870	So we knew right away the next morning I was on the email with Chad and buying my second home from him. My first home was. over in, uh, uh, you know. But the, the point is I made a mistake because I came back.

02:52:43,370	Now I’m coming back there is no way I would have purchased this house if I would have known it was going to be a 41 unit apartment building, 3 or 4 stories tall, right across the street. Um, I understand about the affordable housing, sir, and I, you know, I agree with that.

02:53:02,370	I, in, in, in some sense, but you made light of it earlier, uh, uh, in a humorous fashion, no apartment buildings in Boulder Ridge. Well, this is the exact same thing that we just witnessed here tonight. I am one that for my lifetime and 45 years, I’m 66. For 45 years, I said, you cannot fire at City Hall. We lost our home in the gran in the East Grand Forks flood.

02:53:20,270	We couldn’t fight City Hall. We were not diked. We’re the only two homes that were not dyed. We lost our home. We, we did this. We lost. Tonight was the first time I’ve seen City Hall. Listen.

02:53:42,500	to people, what a, a, um, a beautiful, uh, harmonic uh beautiful uh what what we heard tonight, and then you all listen to that. And I’d seen it. So I stand corrected. Maybe there is some common sense in government.

02:54:01,870	I was, I’ve been in 43 years in government, 23 years with the United States Air Force and 20 years with the Department of, uh, Protection, uh, Homeland Security, Customs and Border Protection. So I understand that there’s not a lot of common sense. But tonight, I’ve seen it, so I appreciate that. Um, everything that was said earlier is definitely the same situation that we are here.

02:54:19,970	Back yourself up 7 or 8 years, cause in 7 or 8 years, it’ll already be approved, but the same problems are going to be there, having a, an apartment building next to 6 $800,000 homes. Um all of our homes are gonna go down in value. This is the last hurrah for us. We have 6 here and 6 in Arizona. This is the lasterrah.

02:54:42,630	I don’t want to see an apartment building Everything else, and I appreciate what he had said that they would come down to match that, but I was in the military for 23 years. I believe it when I see it not what I hear it.

02:54:55,630	Uh, I would like to have that, if that was the case, then they, they could match it this evening to RM5 or RR 10. you know, and, and let’s do that in documentation going forward. I don’t you know, necessarily think, well, oh yeah, that it might not be an apartment building, then you don’t know, if that’s the case, do it now.

02:55:18,530	Um I have no qualms about building. I think it’s beautiful to, to, to see the homes there coming up like that. That’s awesome. But the traffic, uh, just last night I laid down in bed, 10:30, and a Crotch rocket came from fifty-seventh going north on Tyler Parkway. He ran through all six gears.

02:55:36,700	By the time he hit the bottom, and that’s about 80 to 90 miles an hour. Easy, easily. And that happens every night Uh, you, you hear it in the sundown and, and, and not to mention it was brought up earlier.

02:55:54,600	There’s a very visibility factor when you’re going north from Fifty-seventh up to the hill, and then you’re coming down, you don’t, we have a very short, the north entrance is very short after that. And when we’re breaking to go ahead and get in there.

02:56:08,370	If somebody’s really getting into it right off the right off of Fifty-seventh, they’re not gonna stop, be able to slow down enough to, to miss somebody in front of them turning into the, uh, area. All of them Ax accesses within the 1400 ft he was talking about. Crazy, crazy idea. Needs to be a study.

02:56:27,900	They should, smarter people than us than me, needs to study this Um so that’s one of the concerns. The accessibility to it, uh, do not mind the, uh, the billing. I’m all for it. Does not need an apartment building. It’s a very same reason we sat for two hours of comment from the public.

02:56:48,370	that you guys listen to just fast forward in 8 to 10 years because that’s gonna be the same situation here and we’re just newly, I mean, these were all my neighbors. I live within 100 ft 200 ft of. this whole row over here, this row here, we’re all, we’re just brand new. We’ve only got maybe 6 out of the 15 units purchased.

02:57:05,330	The other 8 or 9 are gonna say the same thing. The other 12 down the the the northern end you’re gonna say the same thing It, it’s a problem that’s gonna get bigger and you could fix it right now, nip it in the bud, do the right thing. first.

02:57:21,900	Don’t do that, don’t do it after the fact. Do the right thing first. Thank you very much for your time. I appreciate it. Darryl, thank you. The podium is open for others that would care to address this agenda item. Hello. Hi, my name is uh Rosalynn Brumme uh Weber.

02:57:48,270	Let me, I didn’t quite hear your name. Oh, Rosalynn Weber. Roslyn, OK, thank you. Yeah, I’m um I just have a quick question for the developers. I’m actually here to talk about chickens. um.

02:58:05,630	um, but there was a question about an Army Corres review, um, and I was curious how many natural wetlands are in the property, and what the mitigation, how many acres those wetlands are, and then what the mitigation requirements are for the new development. That’s all, thanks Thank you, Rosalinn Sounds like a question for you, Nick. Yes, Chair Commissioners, um, if memory serves me correctly, the impacts to the wetland were 0.

02:58:28,530	4 acres. um, by the time we built out the embankment for the retention ponds. and the way we are mitigating this is through Ducks Unlimited credit purchases, and we have to purchase those at a 2:1 ratio. So, 0.8 acres of mitigation and those mitigation credits are approximately $83,000 per acre.

02:58:53,070	So that’s how we’re mitigating this process. OK, thank you. You’re welcome. Thank you for clarification. With that, the podium is open for others that would care to address this agenda item.

02:59:21,500	All right, Chair Commissioners, just as, um, kind of follow up to all the final comments, um, so if the commission is open to considering conditions of approval, um we are completely open to uh reducing the speed limit, um, on Tyler Parkway if city staff is open to considering it. Um, absolutely we have no concerns or qualms about that whatsoever.

02:59:42,800	I drive my children to Oak Ridge on a daily basis, and I understand the same concerns that they have, so, um, from a speed limit standpoint. we will support that as well. We are also fully supportive of the RT zoning, um, very similar to across the street, um, we’re more than happy to match that. We just wanted to appeal to the community development department. They were asking for higher density residential.

03:00:02,070	We were happy to comply and make that work. But if there’s something else that this commission feels that should be done, we’re more than happy to, um, make that a condition of approval as well. um, and then from a again going back to the speed limit.

03:00:21,730	Currently we did a site distance calculation based on that hill on Tyler Parkway between I guess you would call it the RT zoning and Fifty-seventh Avenue, and it is at the minimum site distance.

03:00:36,600	When you get to the top of that hill and you’re looking either direction, you are at the minimum site distance we’re 55 mile an road, so we again are supportive of the reducing of the speed limit, um, in that area. if that is a condition that this Commission would like to meet. So.

03:00:58,800	any questions Commissioners Comm Johnson So Nick, why, why why not just match up with the roads across the street, even though they’re private drives, is there something that drove it to not align with them perfectly, anything grade wise or drainage wise or whatever it might be. Chair, um, Comm Johnson There are multiple factors that came into play. First was topography Second was drainage. and, um the third was the development at for these cottage homes.

03:01:29,600	was still being constructed at the time we started the preliminary plot and we got the preliminary plat approval. That’s where it kind of established itself. This whole process went through with various iterations on the stormwater plan, the Army Corps, etc.

03:01:46,530	and then when final buildout of the cottage homes kind of occurred during our permitting process. That’s kind of just where everything landed. It happened to be fairly equidistant between those two approaches, so we felt comfortable with it moving forward, city staff was comfortable with it during the development review process So that’s why we have kept it at that location this entire time.

03:02:06,370	Comm Johnson. So if you were to, if, if you were to say, no, we’ve got to align it, and you had to go back and redo the whole flat, the whole development. Does that go back to the core of engineers, that’s go back for another year or whatever it might be and.

03:02:20,800	that that do to your Chair do do to your Chair do Comm Johnson, it would set us back to the preliminary Platt process, we would have to realign the roads. We would have to do recomplete our stormwater management plan.

03:02:37,370	We’d have to go through the plating process all over again, um uh through all the development reviews, so I would assume that it would take another 11 year and a half.

03:02:59,230	We’d also have to go back to the Army Corps for permitting and it would probably likely cost our client another 600 to $80,000 worth of the development costs and time, um, to relocate James Wright Avenue Comm, additional questions. I’m not seeing or hearing any, Nick. Thank you. Thank you. Mr. Chair, Mr Bitner. Thank you, Mr. Chair. Um Sir Burleigh County Engineering staff in the room.

03:03:33,000	Casey, are you there One of the things about being on mute while you’re doing this Zoom thing is I’ve been on the phone with Marcus Hall, Burleigh County engineer. Uh, maybe Casey can share some of the concerns. Sec, first thing I’d like to know, Casey is, uh, who maintains a speed limit on that road? Who maintains the road and who maintains the speed limit. Currently, it is a Burleigh County.

03:03:53,630	Uh, so for speed limit, our rules are different than city rules. We have to do speed studies. We can’t just randomly change speed limits. We, you have to have an actual study that proves what the 85th percentile is for the speed limit, and that’s we sign it appropriately. It’s based on how comfortable it is.

03:04:12,370	People want to drive what they naturally want to go at, uh, and be able to go from there for maintenance, we currently maintain in Paul that roadway Thanks, Casey Any additional concerns that you have in Kney engineering standpoint. Uh, there’s a few going through there.

03:04:32,800	When we looked at everything initially back in 2023. We had talked, uh, if areas don’t line up, they can create potential issues, and that’s been a point that county engineering has said for multiple years. Good examples of 43rd Avenue. They’re on the north and south sides, none of those intersections lined up.

03:04:55,230	Uh, when I went through the planning process, it was a little frustrating because they were shifted over, uh, when we reconstructed 43rd to try and address that. We put a center turn lane going down and there was a right turn lane added and selected area with legacy high school going through there.

03:05:13,800	And reading through the report, uh, T intersections, there’s pluses and minuses to them like, like everything, there there is some good things and some not so good. When you have two T intersections that are really close, it can create a lot of different issues. A good example of that is 19th Street on, uh, 43rd Avenue.

03:05:32,630	That offset intersection wasn’t the best. It was realigned, put into a roundabout, help facilitate traffic a little bit faster, a little bit safer going through there. And there’s two intersections that do work very good looking through those parts. When we looked at this exact area at the cottage homes, and you’re looking at 98 units.

03:05:54,870	I agree with the city wrote, the east to west, you’re probably not going to get that many driving across like that, but you are getting turn movements that are north to south, a majority of the time.

03:06:09,330	So when you have a 55 mile an hour vehicle coming that when it’s a tea, when you’re going straight across, that’s a fatality when you hit when you’re doing the right turns and left turns, that’s major property damage, major injury, that’s that tends to occur on that. So the city is proposing at annexing the roadway on Tyler Parkway through this area.

03:06:30,170	Well, Tyler Parkway then in that area of annexation has the rights to change speed limit and city rules are a lot easier. They can just go out and change them, and they just function under different rules and under law, then county does. One area that we have addressed on that is out by SilverRach on 43rd.

03:06:47,730	That Ro was designed at 55 miles an hour, city once Silver ranch went in, especially once the school was there, looked at, they have a, if we drive it everyday. I, I don’t cause I’d rather just not slow down to 45 to 35 to 5 to 45 to 55. I just go a different route.

03:07:03,370	But that’s part of what goes through there now. There’s not a sign made in the world that makes people actually obey it. uh, out there, uh, it, it’s easy to ignore them, uh, going through their. So it comes down to an enforcement issue on there and that’s same with Tyler Parkway.

03:07:21,900	We call it 15th Street. It’s just a city county thing. But Tyler Parkway going through there. I, I’m not saying there aren’t examples of people speeding, but that does come down to an enforcement issue.

03:07:42,170	going through there And when we looked at the 98 cottage homes as a driveway, I agree with Ci that that is a private driveway, but a private driveway generally is a one house. It’s not or it might be a quad home. It, when you have 98 homes going to it, it’s a little bit different. And on the east side for all the past.

03:08:01,330	the approach to the Southway is supposed to actually have a bar across it and it’s supposed to only have emergency access. Everybody’s supposed to go to the north one, so you have more room and you have better site distance and get away. When that was being done on the east side, we had argued 64ur should go in right away. And it was decided not to.

03:08:17,370	It went through the process. That’s, that’s fine. But now when we’re looking at this new development on the West side, you have the other development on the east side. That’s a lot of traffic that is going. It’s a change of conditions, maybe because there’s so much traffic to a driveway.

03:08:33,630	Maybe we should just look at a traffic operations report, and I, I agree they’re not always standard on every addition or subdivision that’s done, but they do happen when you have larger amounts in there, and it is something that we felt, maybe this is a case we should look at because the traffic Os report can look at

03:08:55,800	the different portions that go in there and it can also look at Fifty-seventh and Tyler Parkway because like what was said, it may not be a T intersection with one stop sign, you may actually need 3 at once that goes in and it develops out. It’s not saying it has to happen right away.

03:09:13,000	It could be staged as certain 30 building permits and then it kind of triggers it and and goes through. So, and that’s some of the items we’ve had to do, uh, outside of the city when we’re working with the DOT, there’s sometimes there’s stages where it says, this is when a turn lane has to go in and do

03:09:30,070	different things or you do a right in, right out, or a 3 quarter intersection. It, and it just shows some of that, those parts. Uh, temporary intersections, uh, Gabe knows he was, he was in the meeting.

03:09:53,470	I, I gave, uh, an, an impassioned speech about how much I hate temporary access points and how those temporary access points become permanent, far too often. uh, and Marcus kind of turned and said, Casey’s right on everything you said. You get your access, but if you don’t take it out, I’m unleashing him on you.

03:10:14,370	So that that’s one of those things when we look at the temporary, it’s amazing how often they start to become permanent cause now once it’s there, you’re training everybody to use it, and everybody’s going to it, and humans are just naturally slower with change. That it, it’s just part of it, doesn’t mean it can’t be taken away, doesn’t mean it can’t go to Fifty-seventh in the future.

03:10:28,870	It’s just when, once you put one in, they’re, they’re hard to get rid of. And that was part of our concern is once you have a temporary, sometimes they develop into a, a permanent on there.

03:10:48,500	And that was part of our uh portion of if you do a traffic study, you can get the results and say, it’s not an issue, county, and it’s OK, that’s fine. Now we know. We made an informed decision with actual data to be able to move forward, or it’s a, there is a concern, but there’s trigger points. It’s not needed now. We could look at it later. And we’re totally fine with that.

03:11:05,600	We’re not against the development. We knew when we built that road, it was getting developed on both sides all over, and that’s why we designed the road the way we did. so it can handle the traffic and be able to last 22 of those parts, we just never know how the exact development’s going to look.

03:11:21,170	So you try to make it as flexible as you can. Uh, for the stormwater, I probably didn’t write my question, uh, clear enough. Ours wasn’t so much, we know it’s a unit rate study and all the, all the old parts, so we don’t disagree with that.

03:11:40,470	Ours was just, are you detention pawns, retention ponds, what’s the actual structure, uh, and I’m sure that it’s handled. I’m not, and we just want to make sure downstream, there’s not an erosion issue that happens. I’m sure it’s in the report.

03:11:58,900	It, it was just a cur io s ity question, because we know we’ll get que questions about it, and we just want to be able to give an accurate answer is all. With the sanitary sewer, uh, we were trying to focus just on this area, not others, but and the City response it brought up our, our shop, which, OK, that’s a great example on there of how we’ve done things and there’s lessons that can be learned

03:12:18,170	from what we’ve done that can be applied in a better way. And when we did our shop, we couldn’t use a septic tank and just say, hey, we’re gonna have a drain field because we don’t have a, we have 43 people that are there, but our equipment with all the salt sand, especially during the winter,

03:12:35,270	we have to wash it constantly, get all that salt off so it doesn’t corrode. A drain field’s just not going to handle that, so we had to bring that into the city and the city was very kind. They worked with us, allowed us to bring that in.

03:12:49,230	When SilverRach was done, we had to actually change that sanitary sewer around because as development goes, whatever we guess, we guarantee we’re wrong. So you’re always gonna have to make adjustments. What’s done here, I, I understand the developers paying for it the first time. After that, it’s probably not the developer.

03:13:08,500	So it, in the city has a little bit more guided direction than what we had out there at the time, but it’s just, it’s OK. Just learn from us. Let’s just make good, wise decisions because I don’t know anybody that comes to my office and says, I love paying taxes at any time, so, so it, that’s just some of uh what we’re talking about. We aren’t saying don’t do it.

03:13:25,470	Uh, we’re just saying let’s just make informed decisions on it. And the last one where we had, we knew there’s an annexation request coming in. We just wanted to confirm, uh, with Public works going through there and it’s well, we could talk about it when we do the Fringe Road area agreement.

03:13:41,600	I, I agree, we can do it then, but since we’re doing a public meeting, it’s just an easy question to answer now and it’s, the city says, hey, we want to go up Tyler Parkway, turn into the development, go south, and we’ll come out to the east and it’s plowed. Great, sounds good. It’s something we can work with.

03:13:56,900	And there, it was just, we just wanted to confirm, confirm that and just make sure But those are some of the concerns that we were looking at. I think there’s good ways that we can address that and move forward.

03:14:13,730	Um I think with some of the development that’s occurred on the East and the West. There’s just so much in there, it’s a point we may just need to look at a traffic operations report. Let’s just try and address these issues. We can do it later when it’s urbanized versus what it is now. I don’t disagree that it can be done then.

03:14:32,730	It’s just it might be wiser to do it now when it’s easier to make those types of adjustments, and that’s just what we’re looking at. But if you have any questions, just, I’ll try and answer them. Comm questions for Casey. Comm, Comm Zen.

03:14:56,800	DC, um I live Kitty Corner from Elkridge School When I moved out there 7 years ago, Tyler Park Way was a gravel road. It’s now paved in a city in the county if there was joint, they did a beautiful job. Um. and there is speeding on there. There are motorcycles, there’s rock, um not.

03:15:17,170	all kinds of motorcycles going on, so there’s even garbage trucks early in the morning, empty garbage and stuff, so whatever, but I’m a, I’m aware of that, and I know that, um. I agree with the person that said when Tyler Parkway gets through the Ash coolie, we’re gonna have more traffic on that road. And I’m, I accept that too.

03:15:38,900	and this development, I’m not opposed to it, um, I’m glad they’re there could be some, um, consensus done on it. Um, one thing maybe on Fifty-seventh, if we had a right turn going north, that might help with this development to some degree, but, um, it is a highly developed area, um, one thing with this development, people that live in um in your

03:15:59,370	development, they’re not gonna have homes looking down on them like I do. Up on the ridge or past the school. So, um but I think there could be some improvements made. Uh, it sounds logical to me, but I’m just, um, maybe we should just hold off on this for a little bit.

03:16:20,070	and, uh, come up with a few more game plans on it. Yeah. and I guess what we’re not saying you have to shut everything down and stop and delay their process, it might be, you could look at an approval and have it contingent upon a couple items on, and how that gets paid for, great question. Uh, going from there.

03:16:40,870	Yeah, and, uh, fifty-seventh that portion to the east that’s city of Bismarck’s now, that could help if you need a turn lane, that could help be defined in that and if there’s enough traffic to actually warrant it.

03:17:04,470	Comm Schell Casey, outside of the, the traffic component, and I’ll, I’ll have some remarks to that. Was there anything else from the, the county highway department’s letter, then the city of Bismarck’s response that’s outstanding in your mind, or did we address the questions that you had? Is there any more information? I guess the, the county highway department is looking for We were looking forward to the discussion

03:17:25,730	tonight to, to see those parts. We’ve seen the parts and it was, OK, sometimes we just agree to disagree. We, we each have our approaches on that. and we still, uh, especially on offset intersections, even if they’re driveways on there, especially high traffic volume driveways that I guess that’s our main concern cause 16Fourth goes in

03:17:52,870	with the Roadway master plan, that’s still close to that too. So that, that’s part of what we’re looking at and it may need to have a phased trigger point is, was a kind of what we’re trying to get across.

03:18:09,430	We’re not trying to say you throw, throw the baby out with the bathwater by any means on this is, is, uh, just when we had initially discussed this in 2023. it had was brought up, well, we don’t want to annex Tyler Parkway, and we’re OK, you’re going to match this up because it’s our road. That’s it. We don’t care.

03:18:30,900	And it was, well, there’s some debate as it came back later, the city was, we’re going to annex it, and it’s the city’s decision. We, we understand that. We’re just saying at that point, it kind of was OK, we aren’t going to file a report every month saying we still think this should be done.

03:18:46,800	I mean, in the future, we can certainly do that. I have no problem doing that. But it was just once it got to this point, we’re kind of, this might be something we need to look at going through there and just have it for consideration. Comm, other questions for Casey? Sounds like we’re good, Casey.

03:19:11,500	I was like, oh, I have one question for you. What does that, what, how much time does it take to do a traffic study? Um depending on how many traffic counters you put out, it could be another 4 to 6 weeks, roughly, depending on how fast they go. I know Houston Engineering has people that are fully capable of doing those.

03:19:31,700	OK, just a curiosity on. Yeah. I, uh, in Nick could answer better than I if they’re looking at doing that. And we’re not saying it has to be a cost all born. by them. I mean, it’s something for the community. OK, Comm Johnson.

03:19:50,900	do you typically kind of make these type of decisions before preliminary plate of like you need a traffic study before, uh, it just seems late in the game to be talking about this, especially two years after.

03:20:10,230	Yeah, typically we try to, but once the city says they’re annexing it and they’re going to do it differently than we do, even though we’ve said our part, it’s kind of OK. There’s still an issue out here and it’s in, and to be fair, I do this to the city too. It’s thank you for your input, and then we’re done.

03:20:39,470	It, it happens Any additional questions, Commissioners? Thank you, Casey thank you In my usual line of work, the proponent of an idea gets the last say. I don’t know if I’m gonna have the last say, but there are a couple of things I would like to say to the Chair and the commission about the comments that have been made.

03:20:51,170	Um I guess from what I’m hearing, it comes down to two things, possibly the the risk of the traffic and apparently the one gentleman’s not willing to take my word that will match the, uh, zoning across the street. It seems to me those are things that could be addressed in the developer’s agreement. This is my concern.

03:21:08,900	Over 2 years, we’ve been working on this It’s not just the other 600 to 80,000 we have to spend going back to square one and starting again. We’ve already invested $200,000 in this project. That is a lot of capital for the Ward family to shell out for this.

03:21:25,530	and whatever you decide to do, I would hope at the least we won’t be back at square one. You can attach your conditions or perfectly willing to negotiate on these.

03:21:41,630	We’re not, if it, if it’s allowable, we can even gate that southern temporary access just for emergency vehicle use only, but it was my understanding we had to have two access points to start the development process. My engineer informs me that a gate is a possibility I’m not going to kick about a gate Uh, insofar as the idea that we’re only paying for the sewer system once. The 1.5 million.

03:22:00,630	There’s a capital credit charge for each and every single lot of almost $4300. That’s going to have to be going on to maintain that. The ways to explain to me, that’s the charge of getting this system into the city.

03:22:17,630	Eventually the water moving in, the sewage moving out, and every developer pays for that on every lot when one of the three triggering events takes place. So I think it’s a, a bit disingenuous to say we’re only going to be paying for the sewer system once.

03:22:31,630	when we’re looking at another, let’s see if we have 100, I’m, I’m always kind of figuring 111 buildable lots because we have a couple of pocket parts and some green spaces and such that we’re not going to build on. But, you know, you’re still getting close to half a million dollars in capital credit charges as well. So as I said, I think it’s disingenuous to say we’re only paying for this sewer system once.

03:22:45,730	Does anyone have any questions for me? And like I said, I’d rather see this move forward and we can hash it out with the city and the development agreement. but I don’t want to go back to square one. We’ve got too much time and too much money invested in this And my clients have a generational gap in my clients.

03:22:59,800	My oldest client is 83. His sister is 81 and the next generation down of the kids, and I’m working for them both, and this is complicating things. Time is not on our side and this is what I’m saying. So any questions Commissioners I think we’re good, Bob. Thank you so much. Thank you, Commissionerers.

03:23:27,630	I’ll keep it really brief, um, as a developer, I know that those these meetings don’t always go as planned. You don’t bring a project to the planning and zoning Commission and expect for it to get approved every time and every developer invest their time, their money, their passion into a project, um, but

03:23:43,730	what I, what I will say is this commission has to get it right. We’re talking about public safety. We’re talking about the safety of these roadways. Obviously there’s still a difference of opinion between the city and the county as far as what these access points mean and what potential danger we’re bringing to the public.

03:24:03,000	Um, so I would really encourage you to, to get it right. Um, and if that means that we have to rework some things, um, then as a developer, that’s the risk we take, um, and that doesn’t matter.

03:24:19,000	Uh, my situation or their situation, um, public safety comes first, and we’ve got to make sure we get this right. Um, the other thing that I would say to you, I really appreciate the concession to, to work on the density on that, uh, that.

03:24:34,530	uh lot 1, block 2 might have that backwards, but the first thing that my residents are going to ask me if you do approve to match the density across the street is what does that look like? Um, and RT is what we have, um, RT can mean a lot of things. I mean, RT, as far as I’m aware, could still be apartment buildings.

03:24:46,330	I think you have 15 units an acre, so it’s a little less dense, but you know you still have some density. So I think if um if the Ward family were interested in, uh, going to an R10 or RM10 like the rest of the development. I think there’d be a lot less concerns, but I can’t solve the issue about traffic. I still have those concerns.

03:25:02,270	I’m sure all the people in this room still have those concerns, and like I said, I just encourage you to get it right, and I think you’ll be able to do that. Thank you for your comments, John The podium is open. This is still a public hearing. Is there anyone else that would care to um A couple things. One, I forgot to sign, so I’ll sign.

03:25:24,070	right away here And I just want to go on record to say that when the concession was made to go to an RT, I had that question is what does RT mean and I would be much more comfortable and when I made my comments um I would, and when I

03:25:45,900	heard the, the commission suggests maybe um or the earlier concession being, uh, make it the same is our, I was, my mind was R 5 R 10, which I kind of under understand.

03:26:10,530	So just that clarification, and I’d also like to, to say that, uh, I support Darryl, so you can add two people in the room, um. is, as far as wanna see that in writing, and it’s, it’s very unfortunate that we live in a society today that we can’t trust one another anymore. And, and that really hurts me a lot you know, just to say that, but that’s, that’s where we’re at.

03:26:31,870	So with that, I thank the Commission Chair, Mayor. any questions I’m not seeing any, i. Thank you. Thank you. Again, I’ll ask one last time the podium is open for anyone that would care to, uh, address this agendaat And I’m not seeing anybody jump up, so with that, I’m going to close a public hearing on this agenda item.

03:27:00,630	Um Mr. Chair, I may, thank you. Um, have some clarifying comments to make, and I apologize. I typically say this during my, my, uh, testimony, but the urban Nehood in our land use plan, the urban Nehood is a district that is primarily residential with a mix of single family homes, town homes.

03:27:19,330	twin homes, up to 4 units, 4 units in one building, so there’s a mix of density type in the um urban neighborhood and the applicant is correct. Sta did ask for some additional density here, um, looking again through the hope that we have in our community to have different types of housing with different price points, um, and

03:27:42,270	we were hoping that this would fill the need. However, staff is amenable to down zoning, perhaps in RM 10 or an RM 20. I would not suggest an RM or excuse me, an RT, um, RT is across the street, as was mentioned earlier, it allows for offices, medical uses, things like that.

03:27:58,870	It also allows for apartment buildings with up to 30 units per acre. So procedural wise, if you wanted to do that, we’d have to go back because we can’t up zone, but we can at the table if you are amenable and if your client is, or excuse me, the

03:28:11,630	applicant is, we could go down to something like an RM15 and RM 20, and RM 10. That would allow for, um, row houses Blake mentioned before, um, if you are still concerned about height, we can also put a condition to limit the building height if that’s something that is agreeable to the applicant

03:28:30,870	as well as you. Thank you. Thank you, Jenny. I appreciate your comments. OK, with that being said, Comm, sorry, just wanted to put on the record we’re completely agreeable to that. as suggested by Jennie. Uh, my instructions from the family were very clear. Proceed to annexation As I said, 2.5 years,, $200,000.

03:28:54,470	We don’t want to start this over. Attach which conditions you will with respect to a gate. uh, at least a 4-week traffic study is a lot less painful than 8.5 months before the Army Corps of Engineers. Uh, time is of the essence for us on this. Thank you. Thank you, Bob.

03:29:14,100	All right, uh, commissioners, this is a request. Uh, Comm Bitner Thank you, Mr. Chair I don’t, don’t see a need to do a, do an outright denial of the thing. I see a need. I, I think the burden is on the applicant to address the concerns that everybody’s brought forward. I think giving them a chance to do that is fair.

03:29:34,970	and so I from my perspective, I think they heard the concerns, and I think they could address those rather quickly, and I don’t see a need to go back to square one. Thank you. Thank you, Comm Bitner Uh, Comm, this is a request for an annexation. Staff’s recommendation is to approve a zoning map amendment.

03:29:58,330	Staff’s recommendation is to approve, and a major subdivision final plat staff recommendations is to approve, and there are 3 conditions that are required with this that have been uh noted Jenny, would you care to read those for me, please? I certainly can. Thank you, Mr.

03:30:21,370	Chair, that a temporary turnaround easements at the terminus of Holberg Drive, Burning Lane, James Wright Avenue are provided prior to recording the final plot. A separate dedicated right of way or separate easement to the city of Isar for all municipal services from 5/7 Avenue Northwest to the southern boundary of the Platte.

03:30:40,270	His prior is required prior to recordation and that a development agreement outlining the installation and maintenance responsibilities time frames and triggers for removal of the temporary intersection and road and restoration of Lot 12 to a buildable lot be submitted and approved prior to plott recordation. Thank you, Jenny So we’ve got, got those requests with that condition, with those three conditions.

03:31:02,530	So, Commissioners, I’m gonna ask you what your wishes are, Comm Schell. Sure, if I could maybe just address some of the, the traffic-related concepts that were brought forward today, um, regarding the access points, uh, we do try to limit the number of access points, so we do share that concept with the county, uh, pretty much any

03:31:16,530	agencies is trying to limit number of access points as well as one can, um, uh, as far as the heritage cottages are concerned, one of the driveways is the full access point. The other driveway, uh, to the south is a temporary access in the sense that it is for emergency use only.

03:31:30,530	Um, that’s how that, uh, non-access line was approved, was, um, under that condition as well as the site plan was approved under that condition as well.

03:31:44,730	So as far as when we look at that corridor, there may be two ax access points there today, but really we view that southernly one as one that will be um once the full buildout of the, the, the, the project is complete, that our expectation would be that that turns into the uh restricted access as as as originally intended, um.

03:32:02,330	when we talk about the traffic study or the need for traffic studies, uh, we’ll look at things from the city, from the perspective of, of, of traffic safety, you and I care very much about traffic safety here and everywhere else. It’s, it’s one of the things near and dear to my heart, uh, as city engineer.

03:32:16,730	So if a developer or any, you know, commercial building, whatever it happens to be comes forward and has an application to to discuss, um, their impacts. Uh, we would do a pretty quick scan to see what do we think is likely to occur if this happens, whether it’s one house or 500 houses.

03:32:33,370	Um, obviously has a difference when we talk about 118 units of single family homes, um, on a mix of single family home and and other homes as proposed here in, in Blackstone edition, um, on a roadway like Tyler Parkway where it currently is 55 miles an hour.

03:32:49,330	We understand that and would analyze ourselves, uh, what the speed limit should be, uh, and would institute a different speed limit if it were in the city as, as Casey from the county indicated earlier, we have ability to, to set the speed limit with what we think is the appropriate uh speed limit for the facilities within city limits, so it’s entirely, uh, would be within our plan to limit that speed limit.

03:33:03,170	So some of the findings that we would see in a traffic study, we’re already kind of prepared to do that, uh, whether it’s the traffic control devices or speed limit, those are some of the main items.

03:33:17,170	The other items that we look at are the um intersection site distance and, uh, where the access points would be and, and that was already performed or that part of this analysis was already performed during the plotting process.

03:33:30,900	So a lot of the things that we might see out of a traffic study, we either got through this process and were able to review and approve or we would view that the impact is not uh so critical to require it. I mean, for that matter, this 118 lots really is not a heck of a lot different than the, the 96 lots um on the other side of the street in terms of impacts to the roadway.

03:33:43,730	Uh, we feel very comfortable with Tyler Parkway, uh, it’s 1200 vehicles per day today, uh, both north and south of 5/7 Avenue that adding another 100 lots isn’t going to be a large concern or or impact to that facility or the driver’s using it. So I do appreciate traffic safety. Um, I’m interested in the concept of gating that secondary access.

03:34:00,800	I mean, that’s something I think we’d want to explore, um, as part of the development agreement. Um, it’s not, we need secondary access, not for the people driving into and out of, but for those, uh, emergency service members trying to get in and out.

03:34:13,700	So if we focus the energy and the efforts on the main driveway, uh, main public road in that secondary way in it is just gate. I think that would get a lot of support. I think that would address some of the concerns of the number of access points on this corridor by just removing daily traffic from even using the one at the top of the hill.

03:34:26,600	They’d be going to the one uh, closer to the bottom of the hill, so I guess with all those things I just wanted to at least state, uh, it’s not like we weren’t looking at those things, but anytime that something comes through, uh, we analyze them and if we believe that the impacts are great enough that

03:34:39,370	we want to have further analysis or that those impacts might recreate an impact somewhere else that we need to offset or mitigate that impact through the addition of a turn lane or installation of a traffic signal, whatever that solution might be, those are the types of projects that we

03:34:54,870	would identify a traffic impact study for, uh, and, and usually uh the subdivision of, of 100 lots sometimes doesn’t trigger that, and other times it might, depending on how the roadway network and what surrounds it.

03:35:05,630	So I just want to address a couple of those things, um, so you can all at least know what we were thinking or what I’m thinking as we evaluate those processes. Thank you, Comm Schell. Appreciate that.

03:35:25,170	Comm Johnson, could I ask you, do can you help me understand the force main and the sewer? Is that, is that an issue or not in your eyes? Sure, Comm, Comm Johnson, this, this is a sewer shed um as we get ourselves further north, um, as, as it’s us from Oenhauer indicated, uh, it, it drains away from City of Bismarck proper.

03:35:39,800	Pretty much every, I shouldn’t say pretty much every drop of sewage in the city of Bismarck goes through a forest Main at some point. Some are lifted multiple times on their journey from the toilet to the water treatment plant on the south end of town, uh, in this particular instance, the initial um requests from the developer was to take this development and put it into what is known as our, our North Washington Street sewer shed,

03:35:56,700	uh, that serves the same gravity line that serves the, the Heritage Park, uh, and Heritage Ridge developments as well as others along Boulder Ridge, Sonnet Heights, etc.

03:36:12,470	on its way tohe Creek without knowing the um ability for that line to take on additional float because that was not master planned to include this area. Uh, we didn’t really want phase one or any of the phases of, of what would be Blackstone eddition to drain there because we know that that would be just a temporary solution, probably could drain another house or two, but at some point it would exceed the capacity, so we

03:36:26,230	didn’t want to even start going down that road, and we wanted to have more of the permanent solution, and that permanent solution really is draining it back up to the the Tyler Cooee area. Uh, it rained down Tyler Cooley’s for this area as well as all the future versions of,, of Elk Ridge into the future.

03:36:41,530	Uh, we don’t have facilities at the bottom of River Road and even if we did, it’d still need to be a pump station and, and a force main back to pioneer lift station regardless.

03:36:52,800	So all of the sewage gets to pioneer lift station, and that’s the point where it joins up into a master lift station and, and then shift down to, uh, Washington Street. Um, so the, the concept of a force mean we recognize that, uh, it’s a necessary evil to maintain that facility. We would love for everything just to be gravity and it all just grain because gravity’s free.

03:37:10,430	So we understand that there are costs with that, uh, but that’s similar to lots of other developments that that we would have proven in a similar manner.

03:37:21,070	So we aren’t concerned about the length of force main, um, really what we would want is that length of force being withal, not a lot of activity on it, uh, would require us to, to flush out and use water just to, um, push more fluids through the line more often would be the, the aspect. Thank you, Comm Jones. Good question.

03:37:40,800	All right Commissioners, we have uh, we’re being asked a question and I’m wondering what your wishes are. So I might move that we continue it till next meeting so we can address the items that have been brought forth and make any modifications to the plans and the site plan and the plot.

03:38:07,530	and zoning, so we aren’t trying to put those as parts of conditions and modifying the fly. but that’s I mean, I am, I am also struggling with the fact and, and we already have development right across the road, but as I view how the city of Bismarck should be growing, this is not contiguous, and I would have loved it to all be contiguous to other

03:38:26,630	development further south, but, um, anyway, that was my motion. I think Comm Bitner Comm Bitner Yes. He seconded, I believe. Oh, you. Is that a second? Yes, I did. So we have a motion to continue and the second. Any discussion Commissioners. and I would, I would ask, OK, Comm Schell.

03:38:51,270	Uh, and maybe the discussion item I’d have is just, is, is the expectation that there’s a traffic impact study prepared and, and findings before we get to this, or is that something that this board not guess I wasn’t so concerned about the traffic study as much as the zoning.

03:39:06,900	and any other, the other, any other kitchen conditions that we’ve already previously talked about, I think it would be staff to work with the developer and the engineer to get those things refined. and then continue the hearing next meeting. That was my intent. OK. You’re mainly talking about the RM 30. That’s big 11, yeah.

03:39:31,800	And, and, and probably the closing or the, the secondary access being gated and or controlled. and, and certainly the alignment of those roads you know, years ago, the city’s biggest issue was that streets line up. and suddenly we’re, we’re somehow getting away from that. And I don’t think that’s appropriate. That’s a that’s a significant safety hazard, certainly to the county.

03:39:53,730	Comm Bittner, this is, um, Comm Schell. I guess I, I would just argue that we have more of a desire for that connectivity, um, when those roadways continue in the sense that they’re both public roadways or even both private roadways for that matter.

03:40:10,800	So really the ownership doesn’t matter, but if it’s a a driveway serving one property or or 96 properties. Um, I would say that’s different than a roadway that will continue or extend to the next thing, the next thing, the next thing after that, uh, where you’d see more through movements occurring, uh, so I would say that I agree with the

03:40:25,170	connectivity and having uh multiple connections and into one intersection if we anticipate vehicles needing to travel from one side to the other.

03:40:41,170	So I’d also say if this was a, a, a school on one side and a bunch of um um houses on the other, we’d want to make sure that those are, are gonna marry up with each other because it’s probably a high degree of likelihood that they are crossing at that location. I think in this circumstance with the the types of units that are currently in the heritage, um, cottages that there’s likely not a lot of cross traffic that will occur.

03:40:56,800	It would be my estimation, um, so I would just not put that as high as a priority or or a safety concern honestly. I’m going to look back to uh Jenny and put her on the spot just a little bit.

03:41:23,900	Jenie, is there a problem with continuing this? And I’m assuming that the uh the um zoning could probably be handled with a condition, couldn’t it? Yes, Mr. Chair, Commissioners, the zoning could be handled with a condition we could, um, down zone to the RM 1015, or 2010 is 13 units an acre, 20 is 27 units an acre and 15 is 20 units an acre.

03:41:52,730	We can also condition that lot and that zoning to a building height of maybe similar to the R10 district, which the principal building height is 40 ft, um, in that district, we can certainly condition that, um Additionally, the recommended the recommended conditions that are included in the staff report.

03:42:14,100	Those are typically items that would occur You’ve seen these types of conditions before on Platts where we require the development agreement to be submitted and approved with final plat submittal and approval and recordation and temporary turnaround easements as well.

03:42:32,970	I think that there are some plots on the east side of Bismarck, North or south of 43, 43rd that we required that as well. OK, thank you. So then it comes down to traffic What at least from, from my recommendation, I, I feel comfortable with the, the two intersections as presented, I think I’d feel even more comfortable of treating that southerly one as, as a secondary access only having it gated and then those would be elements that we could

03:42:55,370	integrate into that development agreement. I think that that solves as far as I am concerned, or at least addresses the concerns on um access spacing, um, speed limit that can change if it’s annexed into the city, if it doesn’t annexed into the city, it probably remains at 55 or whatever the 85th percentile

03:43:13,900	speed of, of the traveling public is using on that facility. OK, uh, then I’m gonna, I’m gonna look over to Ben and, uh, Ben, does it make sense to continue this? It’s really your, up, up to you at this point.

03:43:35,430	I think there’s been a motion in a second, so if you choose not to, um, you’ll have to withdraw those, those, those motions and the second, um, I think from staff’s perspective, you know, if the traffic is addressed from Gabe’s perspective adequately. Um, I think we’re comfortable with the conditions you have identified or Jenny has identified for the zoning. So, OK. OK, so for right now, go ahead, Cole.

03:43:59,800	uh Comm Johnson, what’s the annexation process? Is that the plan of the city right now? I guess I can, I can answer from my understanding the, the application as the annexation of all of, of Tyler Parkway adjacent to this latte, which would bring both what is already annexed into the city

03:44:16,000	on the east side and part of Heritage Cottages, as well as then what would be the Blackstone edition on the West side all into the city, at least through this area. Would it be north of the Platt necessarily though. But that’s part of this annexation of request right now. Yes.

03:44:29,270	That’s great. OK. Thank you. All right, we’ve got a motion on the table to continue in a second. um, any additional discussion? If not, sir, I’m gonna ask you to call Roll. Mr. Johnson Yes OK, Comm Larson, no. Mr. Lukins Yes Comm M Schell? No. Comm Field Yes Comm Schmitz Comm Siva Yes. Comm Bittner Yes, Comm Zent.

03:45:21,530	Yes. and Chair Schwartz Yes, the motion is approved This item won’t be continued to our next month’s meeting. We’ll move on to item H in our, our regular agenda. uh Jim Certainly, let’s let’s take a, a quick recess. The pants aren’t busy either but usually just to change the designation of the building and just go in.

03:46:04,970	It’s kind of. That’s the only thing people are really bitching about. They want going on a park. It’s kind of how I feel too, but. I. Park District approval will be September 11th, told me. all the changes that we made. So I have the student.

03:47:01,900	Kevin. I. this I Oh I the have I walked in. I’m like. on. I There 2 I We are now to, uh, item number 8 in our regular agenda, which is high top acres 3rd subdivision, Block 1, lot 7, and Lauren is going to provide us with staff report.

03:51:45,330	Uh, good evening, Chair Schwartz and Commissioners Ronald and Rebecca Muchle, please Michael, thank you. uh, Ronald and Rebecca Michael request approval of a special use permit to increase the allowable area of accessory structures to 3200 square feet on lot 7, block 1, High To Acres, 3rd Subdivision. The project area is 1.

03:52:08,330	95 acres and is located northeast of Bismarck, east of 26th Street Northeast, and north of 71st Avenue, Northeast, on the west side of Moonstone Lane. The parcel is within the RR residential zoning district and is large enough to have an allowable maximum size of accessory structures of 2400 square feet without the approval of a special use permit.

03:52:29,100	There is an accessory structure on the property currently and the applicant has noted that this would be removed prior to the construction of the proposed 3200 square foot accessory structure. Uh, the property is been unidentified as rural residential in the future land use plan. Adjacent uses include single family residences to the north, south, east, and West.

03:52:45,700	The public was notified of this request. Notice was published in the Bismarck Tribune on August 15th and 22nd and 87 postcards were mailed to the owners of nearby properties on August 15th. Additionally, the project is located within Hay Creek Township, which was notified of this request on July 30th.

03:53:07,070	Staff have received one phone call regarding this request. The individual was concerned not so much with the increase of the accessory building square footage, but what the building would be used for. The request was evaluated according to standards contained within the Comprehensive Plan Code of Ordinances and relevant state law.

03:53:25,730	Low conforms to the minimum lot size requirement of the underlying zoning district and the proposed request. The lot size is greater than 65,000 square feet and may increase the total allowable accessory structure, size to a maximum of 3200 square feet, with approval of a special use permit by the Planning and Zoning Commission.

03:53:46,170	As a result of all findings contained within the staff reports, the of Bismarck staff find that the proposed special use permit would not adversely impact the public health, safety, and general welfare, and is consistent with the comprehensive plan Code of ordinances and state law.

03:54:03,630	Therefore, staff recommends approval of the special use permit to increase the allowable area of accessory structures to 3200 square feet on lot 7, Block 1, High To Acres, 3rd Subdivision. Do you have any questions for me? Commissioners, questions for Lan. I’m not seeing or hearing anymore. Thank you. Thank you.

03:54:25,630	This is a public hearing, so with that I’ll open, the public hearing is either the uh requester or representative here. Hi, I’m Becky Michael. I am the owner of this house, and we are proposing to build a 40 by 80 shop, 16 ft side walls. has been engineered structure or structured engineered plans have been submitted.

03:54:51,870	Um, basically, my husband is uh over the road truck driver for a company, but would not have a company ran out of our shop. He likes to tinker on old semis, so that’s why they’re 16 ft side walls so he can pull them in. Any questions for me Comm, questions for Becky. I’m not seeing or hearing any, Becky. Thank you. Thank you.

03:55:19,530	The podium is open for others that would care to address this agenda item. and I’m not seeing or hearing any, so with that, I’m gonna close a public hearing uh any additional comments, Lan? No, at this time, Chair, thank you. All right are your wishes. Motion. Motion to approve.

03:55:45,100	We have a motion to approve from Comm Zent and a second from Comm Bittner. Any additional discussion? And I’m not seeing or hearing any. Sarah, would you please call Roll? Comm Seach? Yes. Comm Field, Comm Johnson, Mr. Larson, Comm Lukins. Comm Schell, Comm Schmitz, Yes, Comm Bittner. Yes, Miss Rosette, Chair Schwartz. Yes, the motion is approved. Moved on to item number I in our regular.

03:56:17,800	agenda and that Silver Ranch 4th edition, Block 1, lot 3, and Isaac is gonna provide us with staff. Yes, good evening again, Chair Schwartz and Commissioners for this next regular agenda item, man signs on behalf of Bismarck Public Schools is requesting approval of a special use permit for an electronic message centerer sign within a residential zoning district on

03:56:40,600	Lot 3, block 1, Silver Ranch, 4th edition. This is located in northeast Bismarck, uh, east of Fifty-second Street Northeast and along the north side of Noble Drive, as you can see on the screens there.

03:56:57,230	Uh, this property is the future site of the biz uh the Bismarck Career Acade m y at SilverRach, uh, named as such because it is within the still developing SilverRach series of of neighborhoods and developments there, uh, much of the surrounding area is zoned residntially and uh would be most likely expected to develop in that type of pattern. And the site itself is 461,707 square feet, or about 10 acres in land.

03:57:20,800	Uh, the future land use plan identifies this area as being within the Nehood mixed use category, which are broad ly described as social and commercial gathering spaces for the immediate surrounding residential areas and the sign itself, uh, the location of it is proposed to be near the intersection of uh Noble Drive and Silver Boulevard there, so it’s kind of the southeast

03:57:42,000	corner of the property, um, and proposed to be oriented in such a way that it could be viewed kind of diagonally, so viewed from both uh roadways there.

03:57:59,100	Um, the sign meets all the relevant dimensional standards for electronic message centers With a residentially zoned property and the applicant has provided, uh, yes, you can see the site exhibit there, and the applicant has provided a signed statement identifying that the relevant operational requirements and sign features as well as the property owner’s intent on meeting those ongoing requirements. So some of those requirements, uh, for example, include only having one EMC sign per parcel.

03:58:19,470	That sign, as you can see there on the screen, uh, the, the electronic portion of it cannot be more than 32 square feet and not more than 50% of the total sign uh body can be uh in that EMC uh type, uh, there’s limits on the illumination level, uh, when the sign can be in full operation versus when it must

03:58:37,000	be either turned off or uh displaying a static image, and there’s a prohibition on displaying full motion video and there must be a mechanism in place to freeze the sign on a specific static image if a malfunction occurs.

03:58:54,100	So, uh, the public was notified of this request via publications in the Bismarck Tribune on A ug us t 15th and 22nd, and four postcards were mailed to nearby property owners on August 15th, uh, because the area is still developing. There’s the developer still owns a majority of the land there. um, which is why there’s a few number of postcards.

03:59:11,170	So to my knowledge, staff have not received any public comments or inquiries regarding this specific request and as a cumulative result of all the findings contained in the staff report, uh, City of Bismarck’s staff find that the special use permit for the EMC sign within a residential zoned district would not adversely impact the public health, safety, and general welfare,

03:59:29,800	and that it is generally consistent with the Since Isaac I’m not seeing or hearing. Thank you. Thank you. This is a public hearing, so with that, I will open the public hearing and uh. what else that either the requester or representative come to the podium.

04:00:05,470	Oh, Comm, Shannon Schiller with Mann signs representing Bismarck public schools also, um, they’re just going to use this thing for the same as all their other schools acknowledgments, announcements. same, you know, thing that they use all their others for, uh, if you have any questions for me? Commissioner’s questions I’m not seeing or hearing any. Thank you.

04:00:30,370	Thank you, Shannon Podium is open for others that would care to address this agenda item, and I’m not seeing anybody jumping up to do that, so I’m gonna close a public hearing and uh with that, Isaac, any additional comments? Not at this time, Chair. Thank you.

04:00:48,800	All right, thank you, Commissioners, this is a request for a special use permit and staff recommends approval. What are your wishes? Motion to approve. Motion to approve from Comm Bitner... 2nd, 2nd from Comm Zan. Any additional discussion And I’m Chair. Yes, Commissioneretner. I, I think it’s kind of remarkable that we’re looking at a sign prior to um houses being constructed in the area so that the sign will exist before houses go in.

04:01:15,100	That’s kind of a first. I think that’s a good idea. Thanks. It is a novel idea. Thank you. All right, we have a motion to approve in a second. Any additional comments Not seeing or hearing any. Sarah, would you please call Roll? Comm Johnson. Yes, Comm Schmitz, Yes, Comm Larson, yes. Comm Lukins.

04:01:43,870	Yes, uh, Comm Rochelle, excuse me. Comm Field, Yes, Comm Seva. Yes, Comm, Comm Bitner. J Schwartz, yes. the motion is approved. We are down to the last item in our regular agenda, item number J, which is the keeping of chickens. and uh Jenie is going to provide us with staff report this evening.

04:02:08,500	Thank you, Mr. Chair. Comm, as you guys hungry. I’ll talk to, let’s, let’s talk chicken. Cher Schwartz, Comm, the Community Development Department requests approval of a zoning ordinance text amendment to Sections 14023, 140306, 140401 and 140401.

04:02:38,270	1 to allow chickens to be kept within city limits and to eliminate the setback requirements for coups within residential properties in the extraterritorial area or the ETA. The Bismarck City Commission at their meeting on February 25, 2025 requested staff from the community Development department to pursue a zoning ordinance text amendments to allow chickens to be kept within the city limits.

04:02:56,530	I should note that chickens up to 10 hens have been permitted for residential zoning districts outside the city limits in the ETA since 2017. In 2021, the planning and zoning Commission directed staff to prepare. a zoning ordinance, text amendments to allow the keeping of chickens in residential districts within the city limits, um. they did recommend approval of that ordinance.

04:03:16,370	However, upon introduction at the City Commission, the ordinance was denied the opportunity to move forward to a public hearing. Fast forward now to 2025, um, February 2025, shortly after the citycom Commission directed staff to pursue the zoning Ordinance text amendment, a stakeholder group was formed.

04:03:37,730	Their group included representatives from the public, the Bismarck City Commission, Dakota Zoo, and uh Burleigh County extension. I believe they also go by NDSU extension Burleig County and city staff from the police department, public health department, and City attorney’s office.

04:03:56,730	The group met 4 times between April and July to review requirements from Pure communities and educational products, um, and certainly educational products from NDSU Extension, Burleigh County. The group focused on drafting an ordinance that would provide city residents within residential zoning districts an opportunity to keep chickens with clear and enforceable requirements. Proposed changes include definitions for chicken, chicken coop, and chicken run.

04:04:19,330	A statement of intent clarifying that chickens must be kept at an at an individual or household scale promoting the health, safety, and general welfare of the citizens of the city and that no commercial production would be permitted within a residential districts. Notification that the city will not be responsible to secure chickens at large or be liable to damage to any property or injury to any chicken.

04:04:37,870	Permit requirements, permit revocation, and appeals processes, the stakeholder group noted that a one-time permit, no annual renewal should be required for those who wish to keep chickens. A minimal fee was recommended to cover administrative costs.

04:04:57,270	Permits would include contact information and a signed statement that the applicant will at all times keep chickens confined in a coop and run and will not allow chickens to run at large. NDSU and Burley County Extension both provide several publications and training opportunities related to the keeping of chickens for people, um, residents obtaining a permit would be encouraged to review those publications and participate in training opportunities.

04:05:19,530	The proposed ord ordinance also includes standards including fencing requirements, coupe locations, and the number of hens permitted. The stakeholder group proposed that 6 hens should be permitted, that a group that a coup or run must be screened from adjoining properties and, and rights away by a solid privac y fence or wall at least 6 ft in height

04:05:37,700	and that a coup must meet accessory building setbacks. The stakeholder group also discussed other owl, such as quail and duck, but ultimately decided that only chickens should be included in this ordinance.

04:05:55,970	The stakeholder group also agreed that the location requirements for coops within the city, and ETA should be similar and decided that the requirement to locate a coupe 150 ft from a neighboring residence or structure within the ETA should be removed. In an effort to increase public awareness and engagement for the proposed ordinance, and online survey was promoted through the city’s website and social media accounts.

04:06:18,800	The survey took place between March 21st and April 1st, and 655 responses were received. Survey results as to whether or not chickens should be allowed within city limits, and if residents would keep chickens if allowed, were spit fairly evenly, 44% of the respondents stated that chickens should not be allowed, and 56 said 56% said they should be allowed 13% stated that if allowed, they would not keep chickens.

04:06:39,630	48% said they would, and 39% were undecided. The survey results were included in your packet. 16 independently submitted comments have also been received since that February 25, 2025, Bismarck City Commission meeting, 7 in favor, 8 opposed, and 1 neither for or against, but expressing health concerns related to keeping chickens. These comments were also included in your packet.

04:07:02,100	Additionally, a notice was published in the Tribune for the Ordinance on August 15th and 22nd. We have not received any additional comments besides those that were included in your packet. I should note, if the Planning Commission recommends approval of the proposed zoning ordinance text Amendment.

04:07:21,370	Additional coordination with the city attorney will be needed to amend any petitional potential conflicts within other sections of the city code of Ordinances, specifically Title 3, Animal Control and Protection. Section 30102 of this title explicitly prohibits the keeping of keeping and raising domestic fowl within corporate limits.

04:07:43,370	However, there are specific exemptions included in this section for Zoos, schools, and clinics or research facilities. This request was evaluated according to the standards contained within our comprehensive plan, Code of Ordinances, and state law.

04:08:02,100	And as a result of all the findings contained in the staff report, staff find that the proposed zoning ordinance text 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.

04:08:26,000	Therefore, staff recommends approval of the or the zoning Ordinance text Amendment to Sections 140203, 140306, 140401, and 14 04011 to allow chickens to be kept within city limits and to eliminate the setback requirements for coops within residential properties in the extraterritorial area. Do you have questions? Commissioners, questions for Jenny. Yes, Mr. Chair, Mr Bitner. Um, could you tell me a little bit more about the elimination of a setback requirement in the ETA. I’m, I’m not quite following that Sure, Comm Bitner, Mr.

04:08:51,000	Chair, Comm, right now the ordinance requirement for folks in the ETA there R and RR 5 residential zoning districts, those folks have since 2017, had the ability to have hens 10 of them on their property. There was a requirement, or still is a requirement in that ordinance that any coops need to be 150 ft away from neighboring structures.

04:09:11,230	So if a neighboring structure was 15 ft from their property line, the property owner who wanted the coupe on their property. would have to be 150 ft away from that structure. We, the stakeholder group felt that. the requirements should mirror those of the city and, um, that requirement should be eliminated. OK, I’ll tell you the reason that I asked.

04:09:34,630	Um, directly across the road from my place at one time. there was an outbreak of some kind of uh, I forget the name of it. but it’s um it’s, it’s a disease that um causes dogs to uh get, I don’t know, it’s uncomfortable subject, but dogs would get bloody diarrhea.

04:09:59,870	and then this is transmissible to humans, and the problem was at the time the people across the road were keeping guinea hens and they’re pretty notorious for chasing all around the countryside. and those guinea hens would get out here.

04:10:19,000	and they’d get hit on the road and maybe they’d end up on my land and then inevitably my dog would end up dining on roadkill, and then he’d pick up this disease. We must have treated it like 4 times. Um, you know, I, I probably spent about $5000 on this, for this uh disease was being transmitted to my land from a chicken coop right across the road.

04:10:41,430	um you know, so I, I kind of have issues with the closeness to other property and maybe since everything is in fences, if the fences are proper and they’re the right size and whatever, maybe that can be addressed, but I’m real sensitive to um the possibility of disease transmission. Now, the new people that own the place across the road. really good neighbors and all that.

04:11:00,170	They took the chicken coop cause it was on skids, and they moved it to the other side of the property. so that no chickens, even though they’re free range chickens. No chickens get out on the road and get roadkill and bring that whatever that disease was. cause it’s like present in the soil or something.

04:11:18,970	Anyway, that, that kind of self-reed just by the moving the chicken coop. So, you know, I’m not, I’m not real wild about reducing the setback requirements in the ETA. Thank you. Thank you, Commissioneretner Commissioners, additional questions for Jenny. Mr. Field So are you gonna recover or require a cover on the chicken run. No.

04:11:49,230	Chickens fly Yeah, you know chickens fly, right Yeah, they, I have 8-foot fences and they still can fly over it. Occasionally, one will decide to fly over. So I don’t think that’s a huge deal to, if you don’t have a cover, you’re gonna have chickens breaking out, and then their neighbor’s gonna be choking their chicken.

04:12:12,270	So I think a cover would be appropriate. like a netting or something Well, I, I think it’s even more of an issue there, sorry, um, Mr. Chair, Comm Bitner.

04:12:32,970	Um, you know, out, out here at my place, we’ve got a we’ve got a real um uh, uh, you know, a, a fair amount of um birds of prey. We like, we got owls, and we’ve got these, uh, what are they? Swainstons, Swanswans and Hawks. Um, that just loved to go after this kind of thing.

04:12:53,000	And so, if it, if it was a uh a run that was not covered. That’s ateit out here Thank you Thank you, Comm Johnson, last, last time this was up in 2021, there was a number of requirements, specific requirements like this, why were those removed? not pursued again. Sure, that’s a good question, um, Comm Johnson, Mr.

04:13:23,270	Chair, Commissioners, um, at that time, there was some interpretation of, of state law, um, that said, um, that was interpreted that chickens that were caught at large, um, had to be housed within our animal control facility. Um, so both PD and animal control were very concerned about their role in this particular ordinance.

04:13:42,430	Our city attorney has read through that code and is comfortable with, um the way that the language is in the state century code that that would not be required. Um, so the stakeholder group felt that we could eliminate or remove some of those requirements or not introduce some of those requirements. Again, wanting to make sure we had clear and enforceable rules, and we didn’t negatively.

04:14:04,370	price point somebody out of keeping chickens. Thank you, Comm Johnson Additional question. Yes, Comm B. Have you given any consideration? to um how you’re handling the waste from these chickens. You know, I, I grew up on a farm and around farms my whole life.

04:14:25,100	And one of the, one of the big things was you always had to clean out the chicken coop. It’s got to go someplace, but you gotta maintain it. You can’t, you know, is there anything in these ordinances that relate to cleanliness you know, how, how are we handling waste? Or just leaving it up in the wild west

04:14:42,230	or what? I You know, I think the stakeholder group, and there are a number of those folks in the audience and they’re willing, if they’re willing, they can come on up and answer some of these questions as as well.

04:15:02,500	The stakeholder group really felt that the folks that were tending to the chickens, chicken tenders, if you will, um, would be good chicken tenders and make sure that they were cleaning the cool, very similar to someone who has a dog in their yard that cleans up after themselves as well. Um, not having those additional requirements and those additional staff time inspection requirements. Again, clear and enforceable rules is what the goal of the group was.

04:15:23,900	OK, so there’s, there’s nothing in the ordinances then about um cleanliness or health and waste management and that sort of thing. that not as written OK, thanks Thank you, Comm Bitner. Comm Johnson.

04:15:46,800	I don’t want to make this meeting go longer, but it just, on the, the last time predators were a big concern. Um-hum. And I think having all the fencing requirements and the cover and everything. alleviated some of those? Is there, is there a concern that that’s going to be an issue if we don’t have requirements that they, they could be getting out or got. Sure.

04:16:03,270	If the coops, if the coops, if the chickens were not in the coop, they would be in the run. The run would be surrounded by a fence. If this, if it’s your want to require that we add a section in here that says that the run has to be a covering, um, we can certainly do that. Comm Johnson Comm, additional questions for Jenny.

04:16:26,500	I’m not seeing or hearing any, Jenny. Thank you. You bet. This is a public hearing. So with that, I will open the podium to those that would care to speak to this text amendment. Hello My name is Marvin Lee. I already signed this once. I’m good, right? Yep. OK.

04:16:48,730	First off, I apologize for my lack of normal decor, which is suit and tie, but I was not planning on coming tonight. Um, as for this ordinance, I’ve been a proponent of this ordinance for the last 4 to 5 years. Um, I attended the meetings back in 2021.

04:17:09,170	I readdressed this with the City Commission in 2023, emailing all of them, including the list of the livability survey from 2017. addressing and requesting the city to bring this back to the table At that point, the city attorney had contacted me and told me that I would no longer be able to talk with the Comm individually for fear of breaking open meeting law.

04:17:28,800	Obviously not the case if you’ve read the 42 pages of the, uh, state’s attorney has provided an open meetings. As for chickens in town. Anybody that’s gonna be committing to this. will have in costs, uh, decent sized coop you’re talking 20 to $300 to house 4 chickens comfortably. So you will have the cost for that.

04:17:53,000	You will have the cost for the run. Initially speaking, anybody that’s willing to go through this process is looking at about $1000 between feed. run Coop and other necessities that are gonna be required. Additionally, they are year-round chickens that they will be keeping.

04:18:14,230	So you’ll be looking at heating the coop and providing the, for the animal’s well-being. The people that are willing to commit to this. will go through these steps. It’s not an argument of cleanliness. The coop will be cleaned out. It’s 6 birds. I grew up ranching. We kept 150 chickens a year. I know what cleaning the chicken coop out’s like.

04:18:35,530	It’s nasty but on 6 birds your dogs and your yard. probably use the bathroom more than these birds will. A rotating stock of straws easy to maintain. As for the setback requirements again in town, it’s physically impossible to do 150 ft setback for many of your neighbors.

04:19:04,370	Whereas if that setback is eliminated, it allows a person to build their run closer to their house to provide additional shelter, shelter for those coops for our winters.

04:19:25,730	A bird is able to warm themselves to about 20 degrees, and after that additional heat is required in order to keep them from phosphostbite or freezing. So with that elimination of the setback. the reduction of a wind that people that can put in their yards, you will help with that. As for the 6 ft fence again. half the neighborhoods in town already have privacy fences. We’re not asking people to go out of the way to put up a fence.

04:19:45,970	But if somebody really wants these birds, they’re gonna do it. Again, additional revenue, additional requests for the city. My only my only issue with what’s being brought forward is the permit part of it. It’s not necessarily that it’s a bad thing.

04:20:14,370	But how many people in town have dogs that aren’t permitted? How many people in town are gonna know to go through the steps to even get the permit, or they’re just gonna see that chickens are required and go out and get them, and next thing you know, somebody’s knocking on their door to take them away because they didn’t get a required permit.

04:20:30,800	Our biggest issue when it comes to public notification is nobody reads the paper anymore. They don’t And if you got a digital copy, you’re sure as heck not gonna find these notices. So if you’re gonna do something like that, you’re gonna have to look at instead of wasting money I’m filing it in the Tribune, putting up hboards on main thoroughfares.

04:20:51,630	This is coming to a vote. This needs to be discussed. Instead of relying on a select few people. that read the Tribune I didn’t know about this meeting tonight until a friend of mine texts me and goes, hey, they’re talking about chickens tonight. Otherwise, I wouldn’t have even been here.

04:21:15,270	and that word of mouth, that lack of word of mouth is why as soon as we were past the fight from earlier tonight we’re empty in here. My other biggest issue that I want to talk about is when I did email the city commission. One of the things I did include was the 2017 livability survey that was recommended.

04:21:37,630	for passing of chickens Within 2 weeks of me sending this to the Commission. that same link became a 404 not found. They scrubbed the survey off the site. No longer available So when it comes to people asking questions or you want people to come put in their input and be informed.

04:22:02,170	When it comes to chickens, the people that want to do this just want to provide for their family. My wife and I are both farm kids. We are both grew up in Burleigh County.

04:22:18,900	I’m originally from where, but I lived out by Kant, and she’s from Gibbs Township, so like rural Burleig County has been my life We live in town now but with us both being 4H kids, you guys passing this will allow me to allow my little girl. to raise and show her own chickens at the state fair.

04:22:38,070	It will allow her to know that responsibility of caring for animals that are more than just dogs that want to sit on your lap and steal food off your plate. and also teach her to row and create and provide her own food. Be beyond more than what just a garden is.

04:22:54,100	So when it comes to what you guys are proposing. It is amazing It’s about time and to not pass this, I think would be an injustice to people to be able to provide for their families. and I know that there’s some in the room that want us to look like bigger metropolises. We’re in North Dakota We are rural at heart. We are different stock.

04:23:18,530	We are the people that are here when it’s 100 below above and 80 below. When the lights go out because there’s a power brake I want to know that my family can still eat. That’s what I have. Any questions? Commissioner’s questions Comm Field So you’re currently a chicken tender.

04:23:43,500	I can’t be a chicken tender because I live in Bismarck. I live in the EDA and I have chickens. Yep. And the only reason it concerns me not to have covers and stuff is people in town, if they see you chicken out running around, they aren’t gonna stop and catch it and bring it back, they’re gonna kill it. But again.

04:24:02,970	Or drive over it or, but again, where that fence comes into play, because honestly speaking, most of these birds are going to be so fat on feed they’re not gonna get 3 ft off the ground. Well, once mine fly over the 8 ft fence.

04:24:14,430	They run right back to the fence because their buddies are on the other side. So all I have to do is open the gate and they run back in. Well, and like. So, they aren’t hard to catch. And like my neighborhood, we already have pheasants.

04:24:28,070	I took a picture of a turkey, a full grown Tom, in my yard, less than 3 weeks ago, just standing there looking at me because he wasn’t afraid. We have barn owls. We have, I’ve watched Deer walkro across Washington at 9 o’clock in the morning. Yeah, I’ve got probably. And that’s Washington and Century, that’s not Washington and 43rd.

04:24:46,630	Yeah, I’ve got like 50 wild turkeys at the city of Bismarck owns that live in my yard. They haven’t come out and picked them up yet. So, I mean. They don’t count against me for poultry, do they? which again, I mean, the people that are going to want to do this are going to put the time into it.

04:25:03,730	They’re going to care for these birds. So your position is we shouldn’t need a permit. They we should just pass it that you can have chickens The permit, I mean, there you’re going to chase you, you’re gonna spend more time chasing your tail and issuing fines for lack of permits, then moving forward on

04:25:22,470	it. you know. So you think we, I mean, how many people in town do you think only have one dog registered and they got 4 running around their yard. Well, that, I, I think, you know, to answer your question, I think that’s the concern. is that you have those folks that don’t follow any sort of rules.

04:25:45,870	Somebody might get some chickens and, and then just not know how to handle them and, and how to do it appropriately and look out for the welfare of the animal. I don’t, I don’t think we should just make an assumption.

04:26:03,000	that somebody that buys some chickens they’re gonna take care of them properly. Again, it’s going to be a cost commitment that I don’t think a lot of people are in a really big hurry to make right now in the current economy. Commissioners, any additional questions? I think we’re good. All right. Thank you, folks for your time. Have a wonderful evening.

04:26:28,230	Podium’s open for others that would come to love to address us. Hi everyone. Uh, my name is Roslyn Weber. I go by Rosie. Hi, um, this is my first planning in, um, and sorry, Comm, chair, Mayor, thank you for your time. Um, this is my first plan in zoning meeting.

04:26:51,170	I didn’t know what I was getting into. So I have to say is thank you for your service. Thank you. Um, I had the pleasure of serving on the, uh, stakeholder committee, as said stakeholder, um, I grew up on a farm in Michigan.

04:27:12,900	I have to clarify, not the city, not the town of Michigan, North Dakota, the state of Michigan, but I married a North Dakota boy. Um, so we now live here, and, um, you know, we love it, we love it, but I would love to get some chickens. I would love to get some backyard chicken. So, um, my expertise, very minimal uh, but I can tell you, uh, you know, I grew up in 4H.

04:27:31,070	I showed chickens for 14 years, raised them on a farm. Um, I did, you know, I think the big thing that when we, when we were talking a lot about this ordinance this time. The difference between last time and this time as the environment has changed quite a bit.

04:27:47,100	I think the main driver for people today is cost. And um, you know, inflation has affected everybody, um, in 2021, the conversation was a little bit different.

04:28:07,800	Uh, yes, we were in the midst of a, uh, of the COVID-19 pandemic, but also avian influenza has, you know, rocked us and it has rocked our supply chains between the pandemic and between avian influenza really spreading like wildfire through a lot of commercial facilities, uh, layer facilities. So, um, I, you know, I have a lot to say, but I’m actually going to use spare everybody cause we’re, we’ve, we’ve broke 4.5 or almost 4.5 hours.

04:28:26,600	Um I did just want to quickly, uh, comment on some things that brought up. Yes, chickens do fly, uh, but in short burst, uh, I think Annette is a great idea, um, or you could have curved, you know, tops, something to keep them in there if that’s gonna help and maybe, you know, the police department would really

04:28:44,630	appreciate that probably. Um, the waste question, Composting is a great idea. The resources that NDSU extension has. Those are the places where, you know, we can turn folks to if they have questions about how to handle the waste, if they’re concerned.

04:29:01,230	I think my other question is, how do we regulate dog waste, um, you know, like we, I think the way the, the real reason was that we scaled back this ordinance compared to last time, is to mimic other ordinances for other animals that require permits.

04:29:21,100	Um, treating these a little bit more, you know, similarly, so there’s a, uh, some more consistency within the, the rules. The rulebook, um, the permit, um, I did just wanna, you know sorry, um, I, I disagree a little bit actually with not having a permit.

04:29:41,800	Um, I think a permit actually helps, um, weed out those who are serious chicken tenders and those who are not serious, so, um, it also allows for some enforcement, uh, on the city’s part, you know, and I also don’t know if the city’s going to come knocking on your door, take your chickens away necessarily, but I think, uh, you know, the folks that I’ve worked with at the city have been very accommodating.

04:29:53,070	I want to work with people and say, OK, do you have a permit for this? All right, you don’t. Great. Let’s rectify that. How about you come to our office so you know like let’s talk about that. So, um, in conclusion, thank you so much for your time.

04:30:05,370	I’m happy to answer any questions you may have, and I really hope that you will vote in support, maybe offer an amendment on netting, um, that also addresses the predator issue, and, um, I hope we can resolve this tonight. Thank you. Comm, Questions for Rosie. Mr.

04:30:25,000	Zen Rosie, I don’t see the problem with permitting, um, you’re gonna buy these chickens maybe from runnings or fleet Farm, they could just save as your buying them, you know you’re going to have to have a permit and you guys can influence them and let them know that a permits required, they would share that, and then they get

04:30:43,370	their chickens and all their fencing and everything and then go get a permit. I don’t see that as a big problem. I don’t either. I agree. Comm, additional questions I’m not seeing or hearing any Rosie. Thank you. Thank you. Thank you, guys. Hope you get to eat soon.

04:31:06,100	The podium is open for others that would care to address this agenda item. I’m not seeing or hearing anybody, so with that I’m going to close a public hearing. Uh, Jenny, any additional comments? Not at this time Thank you Commissioners, this is a request for a zoning ordinance text Amendment and staff recommends approval.

04:31:31,470	What are your wishes? Motion to approve. We have a motion to approve from Comm Field. A second from Comm Zen. Any discussion Comm Johnson. I agree that it should be approved or something should be approved.

04:31:54,230	I’m torn on whether or not it’s this looser version or if it was a version similar to last time, 2021. Uh, the thing I liked about having all those restriction or requirements was that it made the cost real once you start thinking about it, look at what that permit required, what the ordinance requires, and you see. this isn’t some eggs and uh let them hatch and you’re fine.

04:32:12,900	You’re, you have that $1000. uh investment to do it well and do it right, um, I, I kind of like that in that, and I think it’s it gave a little bit more uh.

04:32:30,000	I, I don’t, the police department wasn’t on board last time, but at least let you see like uh they’re gonna be in there, they’re gonna be contained and predators aren’t going to get to them and you’re gonna build up a higher predator population within the city because of this, um, so I’m I’m a little torn of whether or not it’s, it should be this loose. Yeah, Mr. Chair, Mr. Bitner. Thank you, Mr.

04:32:49,170	Chair. I have to agree with that. Um, I don’t, I don’t think anybody’s looking out for the animals here. I, I don’t see anything that has a minimum requirement of square footage or how much room they need to roam, um, we’re we’re talking about real animals here.

04:33:06,370	Now, my daughter is a veterinarian I could ask her opinion, I guess, but I, I think it’s entirely too loose. I don’t think there’s enough uh thought has gone into how do you make sure that the health concerns are addressed, the, uh, you know, the possibility of bird flu.

04:33:28,270	I mean, there’s so many things that that the waste issue just say, well, maybe we’ll compost it. I I don’t think I’d you know, I live out in the country and I grew up on a farm I, I just man, I don’t see that being a good idea in town. That’s just my opinion, sorry, thanks.

04:33:44,700	Thank you, Comm Bitner Comm Luke and you had your hand up there. I did. Um, I think I agree with both, uh, Comm Johnson and Bitner quite a bit, um. I think the part that I get hung up on probably is the waste a little bit and. if these are technically then being considered personal property.

04:34:07,100	if it, I don’t know if that was covered yet or anal technicality if that’s true or not, then what they happen to know. In all technicality if they would be. They would be technically per personal property. Sure So I, I guess in the terms of them.

04:34:29,530	you know, flying as they can and becoming a nuisance in what a person chooses to do with the nuisance. if it persists what repercussions would come of that to that person, I guess. i.e., killing the chicken. So as gruesome as that sounds. um I have to choke your chicken. Uh, right.

04:34:54,630	Um but I think that’s where I get hung up on and I completely agree there’s many different ways to then monetarily monitor that and you know, physically and find that either by net or cage or what covering or what have you, but. I just.

04:35:16,170	it seems like there’s a lot of different avenues you could go, and there’s plenty of upstanding citizen or citizens that would followed by every single rule out there and make a true effort, but there’s plenty that will probably not. So. I know I personally, my dog is a bird dog and a chicken would not last in my yard. if it were to land in there. There’s also people who, you know, there’s a ton of different ways you could flip this coin.

04:35:33,100	That’s why I’m really torn on it, but um, I probably will oppose. OK, thank you, Comm Lukins. Um, I think Comm Zent had his hand up first, Comm. You weren’t you going to say something? OK, Comm Schmitz. So, I’m a, I have a difficult time with this, and it’s, it’s from the component of a chickens will get loose.

04:36:01,970	We already have said that our animal control unit will not be responsible for them, so there’s going to be wild further birds besides turkeys and geese and ducks that are wild animals. uh, roaming and there’s, they do create mess.

04:36:24,900	I can attest to the turkeys already because I have those, and we’re just gonna have more of that. Um, I, I have a hard time. I think there’s also a risk of an increased chance of illnesses to be spread to our other wildlife and to humans, but I just I have a hard time.

04:36:44,600	I don’t know how we have a big enough area in any one yard to truly take care of these. animals in a humane way. Thank you, Mr. Schmitz commence. I’ll wait. Comm Seva. I grew up on a farm as well. We had a lot of chickens. and we had to eat them, right? straw.

04:37:10,900	What do you heat them with? We got a heat lamp Heat lamps catch on fire with stra, right? So that’s just kinda what I thought is the, the waste is gonna be foul smell. uh I wouldn’t want to live next to people with chickens, I gotta say, but I grew up on a farm and um, I don’t mind people having chickens, but I just want, wouldn’t want to live next to

04:37:30,170	him. And but the fire thing with the straw, are they gonna have electric heaters. Are they gonna have paint lamps? How are they gonna keep them warm? Some people aren’t going to know that And when you get a heat lamp close to straw, it’s gonna catch on fire.

04:37:49,270	had that happen many times So learned from experience, but in town you’re next to a house that’s different. So that’s all Christian Selo, thank you for yours, Comm Larson. You Schwartz, um, fellow commissioners, I can’t believe it. I’m talking about this again.

04:38:10,700	What the heck? Um, for those of you who don’t know, I got the pleasure of sitting on the Mandan City Commission when we dealt with the chicken ordinance. I’ve spent way too many hours listening to people talk about chickens at this point than I would ever like.

04:38:29,730	Um, so first off, Jenny, my question is to you is, did you reach across the river and talk with Mandan about their ordinance and their experiment experience and specifically how many permits are actually applied for anymore. Sure, I did. I spoke with Andrew. Andrew’s not there anymore, um, but they do permit them 10 hens, um, there are some setback requirements. Um, he told me that the complaint volume was low and they issued between 10 to 12 permits a year. Thank you.

04:38:46,430	And the reason I bring that up is because that was exactly our experience. A lot of people love the idea of this, but, um, the utilization of it was virtually non-existent, and the permit of permitting of it was even more non-existent to despite the huge hoopla that went into Walmart and Runnings

04:39:10,370	and every other store selling Coops, um, just isn’t the case. And I think it’s interesting because there’s a perception of this idea of providing for your house and stuff and not realizing the massive amount of cost that goes into this, especially for a small amount of chickens. I mean, you are not doing this to save money.

04:39:29,530	If you’re doing this and that kind of scale, so I mean. No free eggs? No free eggs. And I, I mean, I’m passionate about our local producers and so to me it’s crazy if you’re living in town to think that you want to have chickens. We have amazing local producers that have egg supply.

04:39:49,800	You can move out of city limits, not that far to be able to do this if this is something you truly passionate about, but on a small scale, I mean, this is completely a hobby at this point and something you’re going to throw money into realistically, and I can’t believe I’m talking about this

04:40:06,500	again I was passionately and know the first time, first several times we talked about this. I am still passionately a no. I don’t think this makes any sense within city limits, no matter what bows we put around it. Thank you, Comm Larson. The only one that, uh, hang on and then Mr. Kian.

04:40:27,330	Comm Schell, you haven’t voiced anything so far, so. There’s not a lot of engineering perspective that I could add to this one. So, I’m relatively neutral on it. I really don’t care one way or the other.

04:40:41,730	I think most people will be good, um, I, I think we can make rules for lots of things that we don’t, and, and hopefully people are, are just do the, the good thing of clean up after their dogs, but when they don’t, we have to make a rule about that. Clean up after your chickens. If you don’t have to make a rule about it.

04:40:54,970	Um, so I would also think that if this did pass, there’s still opportunities to amend and add additional rule making if there was an issue that came up in the future, you could make additional rules or barriers at that point too. So I would vote yes, um but I really don’t care. I appreciate that. Thank you, Comm Schell.

04:41:11,630	Comm Field, you know, when you’re talking about heating the coop, I struggled with that when I first got chickens, cause I’m like I can’t put heat lights in there because chickens go crazy and start jumping around in their coop while they knock the lights down. So you can’t use an element electric heater.

04:41:29,700	because there’s little pin feathers and dust in the coop, and that’ll go in the heater and make it start on fire. So the only thing you can really use is an oil radiator heater. cause those don’t get that hot and they won’t start a fire. So yeah, the people that have never had a chicken.

04:41:47,970	They aren’t going to know that they’re going to burn their own coop down if they used the wrong Burnace or heater Thank you, Comm Johnson. One last comment, I think since the citycom Commission requested something to be looked at and sent to them.

04:42:08,100	I, my gut feels to approve this, and if it’s a looser version that’s amended and adapted later, that’s fine by me, and if the city commission feels differently about that, they can send it back to. OK, thank you, Comm Johnson. Any additional comments? I’ll throw mine in here.

04:42:27,530	I first of all want to thank the, uh, stakeholder group for the uh time and energy that they have put into uh providing uh input to this process, and then I’d like to thank staff because I know there’s been a lot of energy that’s, uh, that’s gone into this, um the number of people that I have spoken to, and there have been some within the

04:42:49,370	city limits and some in the ETA and I have yet to talk to anybody that, uh, really supports it. And so I tend to find a kind of fall into the same realm as Comm Larson. I’m really gonna have a difficult time supporting it. So all that being said, we have a Commissioner’s end.

04:43:11,270	I just want to say I talked to uh neighbor of my dad’s who used to be on a, um, Bismarck um, school board and uh his comment was when we talked about this, he, he’d rather have chickens instead of barking dogs in this. I understand All right, that being said, uh, we have a motion on the table to approve.

04:43:38,900	and uh without any more uh discussion, we’ll have Sarah call roll. Comm Field, yes, Comm Johnson, yes. Comm Larson No Comm Bitner No Comm Lukins. No. Comm Schell. Comm Schmitz? No. Comm Seach? No. Comm Zent? Yes, Chair Schwartz. No. Uh emotion is not approved.

04:44:23,470	So With that, that wraps up the last item on our agenda for this evening. Uh, our next scheduled meeting. is for September 24th I would like to thank everybody that is sat through and, and, uh everybody’s time this evening because it’s been quite a long one. Both commissioners, staff, and of course interested citizens. So thank you and I Adjourned the meeting Chair.

04:44:48,270	Yes, Comm Bitner. Thank you. Um, I, I just wanted to say thanks to everybody that, that paid particular attention to the input from the citizens. I know it was a long meeting. and I just think it was impressive that you know, we took action that, that reflected the, the neighbors values and comments.

04:45:10,270	So, thank you. Thanks, Comm Bitner. Appreciate that. Everybody have a good rest of