00:00:10,930	Of, the burly county Planning and zoning Commission meeting. Uh We’ll start with a roll call Marla. When you’re ready. Already. Comm. Bittner. Comm. Jared Comm. marquardt. Comm. Ming. Comm. Patrick. Comm. Schmidt. Comm. streifel here. Comm. Zuroff here. Chair here. That is a quorum.

00:00:49,430	All right? We will move into an approval of the, uh previous meeting minutes. We have the revised minutes of January 10th meeting and the, uh, the February 14th minutes. I. Guess. We can, uh, entertain a motion to approve both at once. If someone would want Move to move to approve, both as presented second. All right. It has been moved by Comm. Zuroff and seconded by Comm. munson.

00:01:20,600	To approve the the amended or Excuse me the revised January minutes and the February minutes all in favor. Say I any oppose? Hearing none. Minutes are approved. All right? We’ll move into the consent agenda for the Baker subdivision. And, uh, Don’t know if you want to take us take us through some detail on that one.

00:02:01,200	OK? Good evening commissioners. This is a gender item. 4.1. It’s a preliminary subdivision for Baker subdivision, which will be a two lot subdivision. Right. Now. It’s under planning and zoning consideration. The petitioner is Dorothy Baker and the developer is mark Isaac, independent, lance serving and engineering.

00:02:32,400	The location is part of the Southeast one quarter section one and part of the Northeast one corner section 18 all in township, 137 Range 79 West. This is where the 69 Acre project. OK. The. History of this is that mark Isaac approached. We met with burly county staff wanting to plot it was 69.25 acres owned by Dorothy Baker. The proposed plaque contained two pieces of property.

00:03:04,970	One Parcel contains 67.4 acres. The. Other property contained 1.85 acres. That would be lot B lot. B also contains a section line. The Bakers wanted to plant the property into three subdivisions. Um or three lots at one time. Lot one containing 53.95 acres Lot two containing 12 and Lot, three containing 2.36 Lot, three would have required a zoning changed.

00:03:35,500	The proposed three light subdivision could not be plotted due to the section line located in lot, B. And that his attachment 4.2. In your agenda. Um, it would have had two sub subdivisions would have been required to make the three lots So. They requested a section line vacation. To combine the lot.

00:04:01,630	They requested the vacation and it was granted by the burly county commission on January 17th and the preliminary Plat was resubmitted as the two lot subdivision. Staff findings. The subdivision now fulfills the requirements of article 33 of the burly county zoning ordinance, zoning will not be changed of paving waiver has been granted by the board of Burly County commissioners on

00:04:30,430	February 17th. The preliminary plot reflects reflects the vacation of the section line and the preliminary plot has been submitted to all reviewing entities. All concerns and corrections have been addressed to in made The petition for the preliminary Plat meets all administrative recommendation requirements of the burly county Zoning Ordinance article 33.

00:04:57,700	The staff recommends approval of the preliminary plat and calling for a public hearing. The Planning Commission can approve the plat and call for a public hearing approved a preliminary plat with any conditions call for a public hearing. After all conditions have been met, deny the preliminary plat with reason and table the preliminary platform for more information.

00:05:28,630	All, right? Are there any questions for Marla? Yes. Comm. are off Chair. Thank you? Uh So, Marla, Uh, just Question on the verbiage of the history description. Here, Um Refer a couple of times to lot three in here requiring a zoning change, But. This is a two lot Plat. And. Yeah, You know I understand you have in here.

00:05:54,430	The bakers wanted to plot the property into, uh, three lot subdivision, but Yes, the one time they did when they first presented us to us, but there was a section line between the two lots. If. Um I don’t know if it can tell on here, but The original lot was pretty cut up with highway and Right away. Yep.

00:06:28,000	And This little spot here. What’s part of that? It would have been OK, taken up by So. What. They did was they Vacated the section line. OK and they just merged. Essentially the Two lots into the one then Yeah.

00:06:54,630	Then they? They went for the two lots so and each lot now it’s over 10 acres so they won’t have to change the morning. They can leave it at egg. That was the only question any other questions for Marla. OK hearing none. Thank you, Marla. OK, uh, this is on the consent agenda. So, um, the We would look to potentially move this to a public hearing.

00:07:18,570	Move to approve for a public hearing. I can’t OK. It’s been moved to to move this to a public hearing by Comm. Zuroff Seconded by Comm. marquardt. OK, uh Is there any further discussion on this? Hearing none. We’ll move into a roll call vote.

00:07:46,670	OK? The motion is to Approve the preliminary plat and call for a public hearing. Commissioners are off. Yes. Comm. streifel. Yes, Comm. Bittner. Comm. Jarrett. Yes. Comm. Munson. Yes. Comm. marquardt. Yes. Chair. Yes. All approved. OK the baker subdivision. Um Preliminary plot is proved, and it will move to a public hearing. Uh, that is all we have on our consent agenda. We’ll move into a public hearings.

00:08:21,200	So we do have a public hearing on the Hartman subdivision. The short plat. Um, Mitch. Uh, if you can take us through the details on that Good evening commissioners. Mr Chair.

00:08:50,700	Is it, did you? You open the public in No, not yet, OK? You wanna go ahead and open it or you want me to? Just, uh, no. If, you could take staff report. OK, if you if you could take us through, just, um, some so preliminary details on this, then we’ll open the public hearing. And then if you wanna add anything, you sure can. OK. This is a three lot subdivision out there, Um, Hog Island River. Signed subdivision.

00:09:09,270	The owner came to us So last year he wanted to well he won the first build across the lot line. I said. No, that’s you Can’t do that. And. Then he wanted to build an accessory building on the lot three to the north. Uh, without the main structure, the principal building there. So which is you? You could do that.

00:09:29,030	But. You’d have to get 60 or 50% of the neighborhood. Do they have to have a hearing. Then. He wanted to build a bigger accessory building or larger accessory building that would have been allowed and one not so the decision was to Com. Uh, combine these three lots into one.

00:09:49,200	That are required to plant and went through the short plat process in article 33 section 12 that allows, uh three lots or less to be combined, Um, without um, the preliminary hearing without a preliminary plant. So this is a This is a you’re looking at the the final plat here. And.

00:10:14,730	It has gone through all all the necessary requirements for our for the application and petition for the approval. The, uh, there’s no paving waiver that was required because it’s already paid out there. The section line was vacated February 5th believe it or not this old subdivision and was flattered in 19 seventies, still had a section line running into it. So. We had to vacate that.

00:10:36,400	And, um, clean that up in the, um It’s 2.77 Acres, a total of 100 and 17,201 ft. So if you wanna open the public hearing All right? Are there any questions for Mitch on the, uh, Some of the details of this, Uh before we open the public hearing. Any any questions from the commissioners? OK hearing none.

00:11:02,500	Uh we will open the public hearing for the Hartman subdivision short plat. Uh, so if anyone would like to approach the microphone, please introduce yourself and, uh, Mr chair if I could, uh, let me I have to It, the legal descriptions. This.

00:11:27,900	This property is located lots 1213 and 14 Block one riverside subdivision in section 27 and 28 Township 140 North Range 81. OK? Thank you much. All, right? Uh, this is a public hearing. So if anyone else would like to approach the mic and speak on this, Uh, please approach. Introduce yourself and where you’re from. Good evening. My name is Greg Wavra. I do live out there 9710 Island Road.

00:11:54,070	And I am one of the board members, I guess for, um, you know, come to with the plans and things like that, Uh, I. Guess. The concerns I’ve heard from the individual people out there at the moment is that this particular Piece of property already exists within a subdivision with existing covenants.

00:12:15,900	I mean if they want to subdivide it out, That’s fine, but the covenant should go with it. It shouldn’t be any less stringent if he Makes a subdivision on his own than what he bought it at and what’s already been out there for a number of years.

00:12:33,130	I also do have, uh, some, uh, it’s it’s It’s An email here from the board itself that we tried to get in this morning here, but apparently that’s already closed. So if I can give this to you, this is from the full board that Sits out there on this.

00:12:56,570	Yeah, Yeah, if you if you could I think that’s the one that’s in your pocket? Oh, that is that the one from cleat, OK? So again. This comes from, uh, cleat Bosch, who is also on the board, along with myself. Tom Lenehan is here as well too and and a few others. Um, and again. No. Mr. Hartman has not come to us about any of this at the moment.

00:13:12,570	Um, the first I found out about it was a letter about a week and a half ago. You know talking about this meeting here, So. That’s why I’m here, I. Guess is to say, you know nothing’s been brought forward for us to approve or to look at the first we heard about this was he was just going to Um, go ahead and and subdivide his own

00:13:29,570	property. I guess out of the subdivision. So. Um, those are the concerns I have in in the same ones from the people that live out there at the moment. Um I guess that’s what we would bring your attention to here at the moment. OK on on your, uh, your covenants I.

00:13:46,770	I obviously not aware of them. Uh, you said that, Uh, is it any any construction needs to be brought to the is it? Is it? An HOA? Yes. It is Yeah. Basically.

00:14:02,470	It’s it’s brought and we look at the plans to make sure that they’re within the boundaries of the lots and where they need to be, And and that type of thing. Um, normally if if you’ve got a House out there and an extra lot. I mean, we don’t Necessarily say you can’t build on it. But. Um again. You know something that’s gonna be used as a business as a concern for us and things like that.

00:14:21,370	It is zoned residential and I. Guess, you know, knowing what it’s going to be used for would be a big part of this if he’s going to subdivide it and have his own covenants, and that ends up being a whole another issue of what is going to be allowed in those three acres compared to what you know,

00:14:37,430	Subdivision one and two out there actually are under the same covenants. Um You know for everybody else out there. There’s you know. Quite a few lots out there that have the same covenant so OK? Yes, Comm. Bittner. This is the first time I’ve heard of this situation. Same here. I would agree. No.

00:14:56,830	I’m I’m totally surprised by this Um, because I’ve never I’ve never seen a situation in the 1615 16 years that I’ve been here where we were subdividing within a subdivision. That doesn’t I don’t. I didn’t know that was possible. I don’t know if it is either. I.

00:15:17,500	Guess I mean apparently, you know, it’s it’s an application, but I don’t There’s some legal questions with that, I believe Commissioners. I’m not sure Maybe mitch can give us a little more info. But I understand your concern because you know you you Like say I build a subdivision. I own all that land and I go. OK. These are the rules. And.

00:15:37,830	I sell those lots to people and whoever buys into that subdivision agrees to those rules. And. That’s OK because nothing to do with us. Mind you, I. I’m not in a position where I can, um, enforce. I mean as a Comm.. I. Don’t. I don’t have authority over. Uh Covenants or the enforcement of them.

00:15:57,230	And we don’t However you do have those when you buy into that and you buy land in those cos and that’s a civil issue, then. But. This is a brand new. This is a whole horse of a different color that that you would do a subdivision within a subdivision. Then those rules would just go away. Oh, Uh, yeah, mitch, Go ahead.

00:16:19,000	Um so, you know, replanting and subdivisions happens all the time, and they’re called repla, or they call them second se, you know, View Subdivision Second edition Third, They go up to 15 editions. That’s This is this is a little different, though, isn’t it? I understand, replanting and combining lots and whatnot.

00:16:41,300	But It never occurred to to Platting would just like void the covenants because I think that’s their concern. That is a private that is a civil matter. We do not enforce or adopt. Current you can as the board recommend that this applicant here adopt and record those covenants with this plan. Hm? So.

00:17:04,830	It’s, um, but it’s just is this Is this a This is a you know, this is coming to us as a kind of a rep plot, but it’s It’s truly just it’s combining three lots only only it doesn’t affect the existing subdivision doesn’t change any exterior boundaries, and these lots were are for tax purposes were combined.

00:17:25,670	They were combined for tax purposes, and the auditor can do that. And. Then instead of having 13 bills. They have one bill. OK, and that’s the only purpose of that. Doesn’t it change a lot size doesn’t change the dimensions of the lots or lot lines or anything. The only way you can do that is through a replan. Yeah, Go ahead. Comm.

00:17:42,270	B, but I’m still not understanding. We’re calling this Hartman subdivision which would be within Riverside one and two subdivisions. I’m not Well. He titled it that and it’s You Know. We’ve had one of these before. Uh, Can’t think of the name of it, but it was, um we had a short plat here last year.

00:18:04,630	That was a I can’t think of the name of it right now, But. It was the second edition. It’s I. I understand that, you know, go from, you know, you’ll have a subdivision probably do it in parts. You know they do. Phase one Phase two, Phase three or something that different than I.

00:18:23,830	Guess what I’m trying to drive at? I’ve Never. Well, I’ve considered a repla is not a phase. It’s it’s just taking a piece of property in there, reconfiguring it through public hearings through public knowledge that they wanna they wanna change this property within that subdivision and you certainly can’t You know it happens all the time, but it

00:18:43,270	has to go through all these public hearings and and approvals from this board and the county Commission board. The covenants are entirely civil matter. They recorded their adopt. They’re adopted as a homeowners association, and then that was recorded at at the recorder’s office, and that’s attached to that plat or to those or to those properties.

00:19:05,530	So. This does not. This does not would not nullify. The existing subdivision or those Covenants. That’s what I was trying to get at it. Yeah. It’s We can recommend that this parcel Um, because of you know, neighbors who would like this to happen and you could certainly include that as part of the recommendations for

00:19:33,770	approval and send that to the county commission as part of the recommendations for approval. Commission Chair. So how I’ve seen this typically dealt with in the past is you know whenever there are covenants, you know, included with the planning. You know, uh, so like when Riverside was originally platted, you know for, for instance, I.

00:19:55,300	I don’t think I think that predates kind of the verbiage, but typically when, uh, in my past consulting career when we’ve had, uh, developer have the desire to have covenants and an HO A and that type of stuff on the face of the plat, Um there was always what you know, because you always have to have

00:20:13,100	on the face of the plot with the zoning is and underneath that it it would list uh, the the basically, uh, you know this plat so falls in line with the rules. Regulations, uh, set forth by the covenants.

00:20:34,600	Uh, you know, uh, adopted this day? Uh and, uh, submitted to burly county recorder or whatever county they’re in the county recorder on this day, this document number boom, boom, boom. So I Think, uh, to resolve kind of the neighbor’s issue with this, Um, I don’t know if there’s a On our rep here, But. I mean if they’d be amicable to it, essentially to squelch any concerns.

00:20:53,030	I think that would be the easiest thing to do is, um, on the face of this plat where they do list the zoning, just state. Uh, also enforced, uh, through civil matter through civil court would be ordinance, You know for Riverside to a Riverside one subdivision. Whatever subdivision that this falls within, uh On record with Burle County Recorder’s office.

00:21:16,700	This document number recorded this date. And. It’d be simple one sentence. That. That would happen anyway. I mean that That’s how you would deal with that, but My concern was that we were creating a subdivision within a subdivision and maybe we’re just calling it something. We shouldn’t be calling it.

00:21:40,870	It could be Riverside three subdivision for all intents and purposes, I mean, Yeah. This is it’s already in a subdivision. Why. Do we need to rename it. Uh, that have that That just happened with the owner, putting that that name on the title is a title block of the subdivision here. So if he would have just if you did.

00:21:59,430	OK, is he in? Riverside. Second, I take it. Um, third is this Riverside Is this Riverside Riverside? Great? I mean? Yeah, the new one would be the new one would be, But right now, the way it looks on. This is he’s in Riverside, second. Right? I’d have to pull up there. The three A, greg.

00:22:24,200	Greg, Do, You know Is this in Riverside 12 over here. The end of the day. Excuse me Commissioners Mar. His address is his legal description is Riverside Subdivision Block one lots 1213 and 14 1 or two, which is Yeah.

00:22:57,800	It’s Riverside Subdivision one and then right across the road from them is Riverside Subdivision two, so this could be Like a repla. It’s really a lot modification. Yeah, Yeah. Um, you could also I have their their covenants right here. Um And it was just put in in 2015. Um, we can add an I Amended Declaration of restrictions. Add this these slots when they’re combined. Yeah. So.

00:23:33,430	Um Mitch, it’s a Is there any any other, uh, detail that Uh, if you want. Certainly if we want to include these in these, they could be on the final plat that’s presented to the county commission.

00:23:52,630	For their approval as as recommended changes to it if we wanted to include the they need to adopt the same covenants as it revs, Uh, Riverside one or Riverside, too. OK? Yeah? Yeah. Comm. Benton? Yes, You know I. I hate to kind of beat up on this point, but those covenants whatever they are, and that’s a civil matter, and it’s not ours. They already exist.

00:24:12,700	Doing a subdivision or request like this within a subdivision negate that. I mean I don’t know why there are we Good question. I think that we could certainly could add that as part of the verbiage on the plant. You’re gonna ask. Ask the, uh, we can table this public hearing. We can have them change to title to Riverside Third edition.

00:24:32,700	I don’t like to. I don’t like the title any plat or replant inside the subdivision makes it’s it’s easier to record it as a riverside two or three or four. Not reply. Yeah. I wonder if, um the homeowners Some additional thoughts on that your association standpoint. Yeah.

00:24:55,700	So if, uh, if you’ve got any additional things, greg, I guess my own opinion on it would be to you know I haven’t had time to talk with the homeowner here. He’s actually out of state, so he has not been around most of the winter. Here find out what his intentions actually are. I again.

00:25:12,870	I’m just part of the board here, the developer and the landowner out there has some say in this, I would think as to what they wanted. When. This whole thing was put together. Um so they’re gonna want to have a say in this. I’m sure as well.

00:25:28,230	Um So At this point I guess I would just suggest, you know, tabling it and tell another time when everybody Actually sit down and talk about this. Because I. I can’t think of any subdivision where I would be able to support Yo somebody doing a a repla within the subdivision, And. Then that just negates whatever they all bought into to begin with, even though I don’t have anything to do with the Covenants and won’t But.

00:25:50,800	It seems like when you buy into that subdivision like All. Those other people did they understood those to be the rules? And I don’t know that we need to Necessarily include something on the face of a platter it if it needs to be a new thing.

00:26:10,430	It’s just a a change within an existing plan, so struggling a little bit with the semantics in this one, But? Yes a question question for Greg. Sure. You had made a comment about him, possibly having a business here. Where was that just speculation? I don’t know I. I’m I’m just looking at it that way, I.

00:26:28,070	I guess the other couple of things that my thoughts on this is I’ve got another homeowner just north of me who just sold House and there’s an empty lot between his house and mine, which is fine. It went with the house that was sold.

00:26:44,100	He by all rights can turn around and sell that lot to somebody else if they build a house there, I’m fine with it If they’re gonna put up some type of a garage and have a business in there. That’s exactly what this is. Designed to prevent The other piece of this. I have two lots out there as well. If. I do this type of thing. I raise dogs out there.

00:27:00,730	Am, I Gonna start raising pigeons, birds and ducks and geese and everything else out there. Hey, Greg when you said that, that this this is meant to prevent that when you say, Say this you mean the covenants. Well, I guess yes. When. You, buy a home out there.

00:27:15,670	What you’re looking at is the covenants to begin with to see what is allowed OK at that point in time. You know what you’re buying. I knew what I bought when I went out there now I don’t wanna take My two lots and subdivide them and say All right now I wanna raise game birds out there or have that lot in between me and the other

00:27:31,130	home? That, you know, has been sold here, um, with the empty lot on it, and he sells it to somebody else, and they open up a garage, You know to start, you know, uh, working on diesel trucks or something like that, and all of a sudden you got a business out there.

00:27:46,030	Just a question. Do. You. Do. Your covenants. Uh, allow commercial operations. No, they do not. Just a just a question, So. That’s kind of the point is, we don’t know what he wants to do with the building that big. Um so yeah, there’s just concerns with it, and he hasn’t come to us.

00:28:02,570	We haven’t been able to talk to him about it. So yeah. Uh, yeah. Anything Anything else to add anything? Yes. It just made if, uh, if not, Uh yeah. Give your name for the record? Yeah. Give us your name and where you’re from tom Lenahan. I’m also on the board, and I.

00:28:23,000	Guess, you know, basically, uh but he what His intent is. Could be different if he sold that in two years to someone else. And so then they may have they’ll have a different intentive to if they’re enabling, you know to do but not follow the covenants.

00:28:41,730	And so they could you know, we don’t know what’s gonna happen if they wanted to sell that piece of property. And what the new owner would do with it. So. It’s you know, there’s a brand homes in this area. You know it’s right on the river. You know so that that that shop would be right on the Missouri River. So. You know it. It’s.

00:29:02,830	It’s a concern of everyone’s because those those a lot of people spent, You know a lot of money building their home along there and spent a substantial amount for the lot, you know, and and that’s what people have talked to us about. And.

00:29:21,030	You know we like Paul, and we like Jerry, you know, but but the thing about it is other people have concerns and we have to address the concerns to you folks because they have concerns and and that’s you know, they voted voted us in And so you know it’s our obligation to do that. And. So that’s kind of what you know.

00:29:38,670	We’re what? We’re coming to you guys and just visiting about a little bit because you know, we we don’t know what’s What his intent is and we would like to know more of that. Yeah, if just just a question for you if, uh, if there was some sort of approval from this board or from this commission, uh Would you be satisfied if if there was some sort of a a piece on

00:29:57,830	there that said, Yes, this is this would could move forward, but it still has to abide by your covenants. I think that’s something that would that satisfy the people that are Nervous about this. I think there should be avoided. The. People own the lots.

00:30:15,670	You know, because you know some some co and say if you wanna build it, build a shop you have to get, uh, agreement of 70% of the of the people out there or something to that effect. You know, I. Guess. You know it. It’s all for everyone in the subdivision.

00:30:30,000	This Subdivision is old and there’s been a lot of people that have been there many, many years. And you know a lot of people that plan on Passing their their house on to maybe a child or something, so I don’t know. I. Guess. It’s It’s. It’s hard for me to say whether I do Want to OK, something that I don’t know what the whole group wants.

00:30:51,330	You know that’s kind of that’s kind. I’m stepping out of line if I’d say that, Sure. Yeah, uh, Comm. Briner? Yes. Do. You have regularly scheduled homeowners association meetings or something. We. We really don’t but we could schedule one. You know, I guess you know, And. That’s something that can be scheduled Yeah, sure. Yeah.

00:31:11,500	I mean, you know, obviously you would. You would hope that the applicant would be able to attend as well. I mean you, you know, so all you guys can talk to each other, right? Uh, large piece of the puzzle and no doubt. Yeah. And. So thank you. Ok, thank you. Yes, uh or any additional questions.

00:31:32,030	I’ll just I mean he has been able to come before us before, and he did add on to his home after he bought it, so he is aware of the process for it, And when we meet and things like that, it’s you know, he’s out there in the summer time anyway, so it’s all

00:31:45,100	got to say is I wanna do something? What do I? What time. Do? I give you the plans? We’ll take them any time. All right? Anyone else like to speak. I want one thing to consider. Generally, we have not, uh, Casey with really kind of hire department.

00:32:07,570	One thing we haven’t typically done is put a covenants note on the plat because sometimes somebody will come back and say you, a board publicly approved this. You now have to enforce this covenant, So. We’ve typically try to avoid that when there’s because there are HOAS that have been dissolved over time and stuff has been done where it’s an act of HO A.

00:32:30,070	We’ve sometimes asked whoever is looking at planting it. Please go talk to your HO A amend your Go to include your new subdivision so that it’s covered in there, but that’s a private civil matter between the entities.

00:32:50,300	And, then we we could look at, um, continuing the public hearing until such time that’s finished to look at approving that if that’s the board’s wishes it so that you have some comfort knowing that you’re we’re not trying to find a way around a company on their thanks. Thanks. Anyone else like to speak at this, Uh, public hearing. Anyone else? Any information.

00:33:17,230	Yes Mitch speaking about the commercialism of this residential lot, our zoning would prevent that. There’s no commercial activity on a residential lot alone. You can have home occupancies, but they’re restricted to no employees. No advertisement restricted to truck travel. That sort of thing. But. Nobody can go out there and open up a diesel shop.

00:33:40,070	Not not and and not be abide by our our ordinance or come here and get a special use permit, which would most likely be denied. Then. We would have to get out there and tell them to stop work order and all this other stuff so Um We can certainly send plans to them if they want to review them before the build,

00:33:53,400	or we can ask the owners to do that, too. This person is intention was to build an accessory building on that property, and he wanted to combine those lots so that he could have He could use that square footage for an increased size in their accessor Il. Basically.

00:34:12,200	It’s It’s 4% per lot in each one of those lots for an acre and he’s got 2.7 acres. And so it’s based on that 4%. That’s what he told me on the phone, That’s what we discussed. Um, but commissioners are off. Yes Chair, Uh, question, maybe for the county Comm.

00:34:38,430	Mitch I after even after hearing, uh Uh, Assistant County engineer Inam to, uh I understand. The covenants thing, But. The thing I keep hearing is this is a civil thing. Civil thing Civil thing The County doesn’t enforce covenants. That is a civil thing. Do. We even need to discuss them any further. I mean and one and two. Do.

00:35:05,400	We need to even take that into consideration with something like this. Because. It is a civil Issue not a county issue, but a civil So. Whatever would happen between the homeowner because the homeowners association can sue the homeowner all they want. As well, and that’s a civil thing. This doesn’t have any, You know, burly county planning and zoning staff.

00:35:31,500	County Commission don’t really have any teeth when it comes to covenants, so That are Put on by an H, a It’s a civil Yeah, Mitch Any other? Yeah, In case, It did bring a point that they that the homeowners could amend their their covenants to include this new subdivision.

00:35:54,970	We can still table this and have them correct the name If you guys wanna change that name to Riverside two or whatever audition it would fall into I wouldn’t wouldn’t call it a repla but just Riverside second edition or third or whatever that’s in that row roll call there.

00:36:12,230	Would that require it being tabled, though, or not necessarily an approval to pass with, uh, actually what we would have to do is since we’ve opened the public hearing, we would need to continue this hearing until either the next meeting or such time as something happens, so we would have to do a continuation of the of the, uh, hearing because if we close the hearing, then we need to take action.

00:36:28,170	You could recommend to change the name at this meeting, right? Uh, Comm. marquardt. I Think you had something? Um E. Commissioners. So. Basically, you know, I think the biggest thing is the the Subdivision name. I think a O fits more of a lot modification that resides in Riverside One I think that’s where that’s where the hangover.

00:36:51,630	It fits already. It just I think it’s some of the verbiage with that. I think it’s a lot modification. And, then if it’s in Riverside one already then we don’t have to worry about Those Covenant is already exist, which we have no control over, but I think it’s more of a wording of it. Of the title.

00:37:11,570	Yes. Yeah Comm. Bittner I. I would agree with that just completely because this is really that’s all it is, is a is a lot combination within a subdivision so That’s kind my feet with the heart and subdivision question to begin with Just the Just The name of it is kind of a bit misleading,

00:37:29,970	right? Yeah, it it’s like Seems like it should remain in the subdivision. It was originally called chair. The. The Reason why we went through this whole process of adopting that, uh, section 12 and article 33 is because the recording of a lot modification is not allowed. The title cannot be lot modification.

00:37:53,030	It can’t be anything except for subdivision. And. You can’t subdivide unless you have a public hearing and go through preliminary and all the the final approval of it, And. That’s what This short subdivision has allowed us to do. So it really it to follow those ordinances and it will be to meet this recorders for prerequisites.

00:38:15,000	It has to have that subdivision name. And they prefer not to have a repla. So. That’s. That’s where we’re stuck. Mitch if there is a if there is some action taken, and this gets denied, then what does the What does the homeowner have to do to reapply.

00:38:35,170	We have finding of fact, and then he’d have he had the ability to peel and and fix it. You got my my take on this. You you you can recommend changing the name or the title block of that subdivision to put to allow either Riverside addition, 34. Whatever. It is in the role. Mm Yeah, Commission.

00:39:00,770	I remember when we went through that that whole thing? Um You know, with The recording of plats and the whole thing, but we didn’t anticipate something like this in that conversation. No, no. This. This is like a question all of its own. It’s not Was not anticipated. No, I wasn’t well, the covenants either you know, well, covenants are not my concern.

00:39:20,430	I don’t I don’t I mean there are concern to the homeowners? But. We don’t enforce covenants. We don’t But. They exist, and I. Don’t think an action of our board or the county commission would just make that go away. And that would be a question for attorneys. Not me. You Just don’t know that. Uh And. Yes. Comm.. Jarrett. Um a question.

00:39:44,370	Can. We modify the ordinance to allow a lot modification. What? What’s the process for that? No. We just went through adopting that section, 12 the public hearings and it is a It is a tool in our in our work work.

00:40:07,130	Uh, you know ordinances that it allows somebody with three lots to go through this public process of plotting only one public hearing and one Platt, and that’s shortens it up by Weeks. And that was the intent was to allow these these smaller subdivisions smaller lot combinations to be to go through the process. Not the full time you know, preliminary Final, Plat and all that stuff. It just you know that.

00:40:27,570	That’s what The short flat is, I Think to add on, though. Is that because we did not anticipate that sort of thing in that ordinance that we probably could and should take a look at that.

00:40:49,400	Cause I know that we didn’t anticipate that we would have In this case a riverside Subdivision suddenly have a different subdivision inside of it. That doesn’t make any sense to anybody. So. That wasn’t the intent when we did that. I know the intent was to clean up the Recordation of the deeds and the whole thing, but This will bear some more looking into I.

00:41:06,770	I can tell you right now, so it doesn’t look like we have any more. Uh or anyone else would like to speak at this public hearing. So, uh, Where. We can either, uh, move into a continuation of this hearing? We can close the hearing. Uh, if we close hearing we either need to approve or deny this, uh Piece of, uh, apartment subdivision short plat, So.

00:41:29,400	Uh, yeah. Comm. Bittner. And I can tell you I would be at this point I would be willing to, like, Continue it or something to allow. I would certainly like the homeowners Association and the neighbor to go ahead and have a chance to talk. He probably a snowbird or something the way it sounds.

00:41:45,730	And and so that at least they have a chance to resolve or to deal with those issues within their subdivision, because I’m sure when they do, they’ll all three sit there side by side and say, This is what we think, you know. I’ll Second your motion. OK, all right. It has been moved to continue by Comm.

00:42:07,100	Bittner to continue this hearing until such time that homeowners association can come back to us. With the and the applicant. Excuse me, the Homeowners Association and the applicant come back to us with an update, and, uh, with seconded by Comm. munson. Alright, uh, any discussion on the continuing this hearing? If not Yes, Comm.

00:42:35,470	do we need to make then a separate motion to table the item after the continuation, OK, the Yeah you You actually can’t table a hearing. That’s the That’s the problem table in the agenda item in its entirety. All right, we’ll move into a roll call vote, Marla. OK.

00:43:01,830	The motion is to continue the public hearing until the applicant and homeowners Association have a chance to meet and discuss. Is item. And then and bring it to us and bring it Bring it up to us. You Planning and Zoning Commission. Correct. OK. So A. Yes vote means you agreed to the motion. A. No vote means you do not Comm. marker. Yes. Comm. Jarrett, Comm. Bittner.

00:43:34,630	Commissioners are off. No. Comm. stre. Yes. Comm. munson. Chair. Yes. 621 our, uh The public hearing for the Hartman subdivision short plant is, uh, continued until such times we can get an update from the HO A and the, uh and the applicant. All right. That is all for our public hearings. This evening.

00:44:09,370	We will move into other business. Uh, we have, uh, other business for an article. 21 Dash FP, the floodplain district regulations and MI. You want to take us through some of the details on that I will remind the the, uh, Commission, uh, that this is, uh there’s no action needed on these. This is purely, uh, put out to us for suggestion.

00:44:29,770	Uh, some talking points. Modifications that we might think are necessary things like that, but no action needs to be taken. Correct. Thank. Thank you Comm. Mr chair. Uh, you what you should be looking at is is the document has numbered on pages numbered on the bottom of it. That.

00:44:48,370	Do you have those? OK? These are. Um this has been a long time working on this with, uh, the state. Um NF IP following their model or model D ordinances, and we’ve had stakeholder groups with the city of Bismarck discussing these changes. And. We’re we’re also looking at some of the NF IP requirements.

00:45:14,100	Um our ordinance did did need, um, corrections it. The highlighted areas are what’s the new is the, uh, introducing These Sections. So. I don’t know if you had a chance to look at each one of these, but it does. To find these especially accessory structures, which you’ll see in the ordinance has been as uh A number of changes for our accessory buildings.

00:45:42,300	Which if you want to, Uh, if you have any Comments on The definitions. Uh, so much. I’ve got the I’ve got the one that was sent to us in the packets that is not highlighted. And then I’ve got the one here that should have patience tonight.

00:46:00,600	It should have page numbers on the bottom, right? That’s that’s highlighted. Uh what What are the changes in the accessory structure. Uh, they’re in in the further down further into this this, um document If we want to go to I would say that that is probably the major. The biggest change that we’re looking at on this. I can Go to that. Well, sir.

00:46:26,000	Starts on page 14. OK, OK. In our current ordinances. We have The allowance of building it below the base, Flo elevation. As long as it’s flood proof proof construction and you have to have Uh, buoyancy restriction restrictive walls You have to have The hydrostatic designs on those walls to prevent them from caving in and you have to

00:46:52,830	have flood dens, and it has to be designed by an engineer. This. With new FEMA regulations and some of the recommendations on their technical bulletins. Do not allow that unless it’s either less than 600 square feet.

00:47:22,270	Which is the first one The, uh, accessory structures that are not greater than 600 Square feet have to follow items. One through five. But, you cannot exceed 600 square feet. And I don’t know of many that we we We haven’t had many in my since I’ve been here to build below that want to build below that flood elevation. We only had one And most of them just decide to elevate.

00:47:46,700	This one is going to further restrict that because this this was not here and there was no limitations on the size unless it was in the zoning descriptions. So this is and this is only for, uh, the accessory structures or basically, anything in here that is going to be below flood plain and below the floodplain.

00:48:05,930	And is this single family homes are not They’re not allowed accessory buildings were but now FEMA has coming is is changing that in the NF IP, and there’s changing that allowance to be less than 600 or above 600 Square feet And it, uh, the second number. Uh, Be the accessory structures defined in the inspection that are greater than 600 square feet.

00:48:28,530	They have to follow. Um Items one and two. And down to number three. It is and this is, uh it has to follow that. FA Technical bulletin P 348 both of them do but, um It’s It’s basically restricting these buildings down to 600 square feet, and this is the FEMA floodplain. Not the It’s in the Shifa. Yeah.

00:48:56,030	It’s Exceeding, The 100 Year of the special Flood Hazard areas, OK, not the RA M or the The There was the one per cent and 2%. Well. It’s It is actually well for burly county. It’s in both the 1% and the 2% areas, Because in our ordinance, we require 2 ft. Freeborn.

00:49:16,430	You have to build 2 ft. Above that base load elevation Got you? Yeah. You wanna go below that based on elevation, then you have to follow these. OK? Yeah. Comm. burner. OK, so you’re not wanting us to take any action on this.

00:49:35,270	I know that there’s a There’s a time frame that we have to have this all done by, right, so it seems like we should be scheduling a public hearing. Yes the Yeah. This is for information Only if you guys have any ideas for me, we’ve already gone through several stakeholders Group of the city and We’re pretty much stuck with this stuff because it’s this is mandated by not

00:49:57,000	only just FEMA but the the, um State Water Resource Department of state water resource, and that’s 80 any changes we were looking to make or input we could do at a public hearing anyway. Yes in the in is what I want. I. Just.

00:50:19,300	This is for information Only so the next step is, I’ll present it to the county Commission for resolution to add those two public hearings. So those public hearings Aren’t, part of the Planning and Zoning Commission. We can have one here and then one of the final one at the county commission. Are. We required to have two changing the ordinance. Change the laws here. Yeah.

00:50:42,830	Okay well on the bottom of page 15 in item, C. Accessory structures that are not enclosed and do not have more than one. I think he meant to say rigid like RIG ID instead of Ridge. I.

00:51:06,500	I would just make that change before I move forward, But Bridges, But yeah, yeah, it can have ridges, but it’s not what they meant. Right? Other than that. I wouldn’t see a problem with going ahead and scheduling a public hearing because if we wait and put it before the county commission It could still be on It would be delayed right so that would delay it that much further. And.

00:51:25,600	What are the June June 6th June 6th. Me. April May that might be getting pretty close with the it is I we have we have about a month. Leeway. Um, the the, uh, we we have to have a call for public hearings. You guys at resolution at the next pub.

00:51:43,800	Uh, next County Commission will will need to call for a resolution for public hearing. And. Can we bring this. Can this be brought to a public hearing next month. To this to this board to this commission. Possibly. I’d have to look at the the time frame on the time frame for scheduling setting in the paper. But, right, And.

00:52:00,230	I think that’s 15 days. Well. I’m not aware. I guess I’m this would be new to me that there’s a requirement that it goes to the county commission before we schedule a public hearing here for a resolution. Or we could for you. You guys have to call it allow it to even go to a public.

00:52:19,070	That’s in County Commission and then But this this board we could go ahead and say, Let’s schedule a public hearing for our next meeting. At. This point? Yeah. Yes. That would be my my recommendation would be to schedule a public hearing.

00:52:40,300	This would be like a consideration, then right schedule a public hearing at the next Board meeting. The reason I’m doing that and suggesting that is because there is a time crunch. You know for adopting this under the flood insurance thing, and I’d I’d like to see us be a little Push up the not right to the edge, right? You know if we could so there.

00:52:58,700	Are there any any other edits? Uh, anything like that? That we wanna to suggest to mitch before we move on yet Comm. Zer Chair yet? So, um And I’m Gonna If. I am incorrect on anything. I’m Gonna default to the one registered Land Surveyor. I see in the room, Mr Isaacs. Um, so in My past history with, uh, land development.

00:53:27,170	Uh, I’m gonna say vertical data has been a either a nothing item or it has caused massive heartache. Um Because. I’m flipping through seeing a whole bunch of references to Nav 88 and N GB D 29 dams.

00:53:53,430	Um, and some edits with those what I would really recommend is removing all reference to either of those DATs and simply replacing it with the verbiage of elevation, uh, in the same, uh, elevation comma in the same vertical datum as the firm because what that would do is essentially make that a timeless ordinance. Uh, regardless of whatever vertical data The. Federal government decides they want to switch to and use.

00:54:14,230	They can, uh, because even when you specify nav to 88 well, there’s different geoid within that that provide different elevation benchmarks that type of stuff as well like it’s into really deep survey theory, But, uh what That does is it removes us from being very specific in Actually specifying the data to basically just pushing it back and saying, whatever that datum

00:54:37,370	that vertical datum is on that firm is what needs to be shown on on this that way. There’s a direct correlation between whatever gets submitted and whatever the firm is, and there’s not a whole bunch of calculations that that people make mistakes, too.

00:54:55,070	Um, you know, uh, because just even going from N GB D 29 to nav to 88. There’s, uh, like a one point was it 1.291 0.39 elevation. Generally in just the Bismarck Mandan area. Uh, So when you start talking about differences like that, uh, that can really play into account with elevations that structures get placed at and I’ve seen it.

00:55:17,170	I know, Mister Isaac has seen it where buildings have gotten placed at the wrong elevation because they were reusing the wrong vertical data. But if we default to just whatever the data, the firm is Clears it all up, and I will digress, Mr Chair. Yeah, Yeah Comm. bitner. Yeah, thanks.

00:55:38,100	Um that’s a good point. But. Wouldn’t that allow? Um Change in the future without people really knowing what was going on, if you if the federal government and and wanted to do a new firm Yep and and under your scenario that would just automatically apply it would it would automatically apply Regardless of whether we appreciated it or not, they

00:55:59,570	were and it’s and it’s going to whether we appreciate it or not. From the federal government they’re gonna impose that, and they’re they’re not and what what will happen is essentially we get a structure that’s built at a specific elevation. In the real world. It is at that elevation. We can call elevation 100.

00:56:15,900	We can call elevation 18 39.63 doesn’t matter. It is at the physical elevation that it’s at. It’s in all the mathematical calculations that go into determining dat and all that which do change. Uh I mean 1929 1988.

00:56:40,370	I’ve heard there’s been discussion for the last 10 years of introducing a new vertical data 2025 There we go Soul That’s where I’m getting at with rather than actually us, specifying that vertical data we just say whatever vertical datum that that specific firm is published in is whatever Is gonna be the vertical datum that that that needs to be enforced for that specific one. And. So, the kids this flexible, It keeps us flexible. Mr chair.

00:57:05,770	There’s There’s vertical datum references from region eight. FEMA. They were following model D Ordinance from the state NF IP coordinator. And. Those are the elevations they put in it now we can certainly call, uh, email him and ask him who? He.

00:57:24,830	Uh uh, you know, reference elevation as the same datum as what is listed on the firm. I think that would be a good path to make sure we’re not sideways with the power that regulate this. Because. Ultimately what would happen.

00:57:44,830	I mean so even off of that, knowing that 2025 there’s a new vertical dam being issued, Uh, that’s gonna be a lot of work for our staff to go back through and then come back in here and OK. Where did we have nav in NVGD, 29 and everything. They don’t even need a lot because it turns it into a nothing issue. Chair and commissioners.

00:58:05,430	So one of the things that so any of that discussion come up when you met with your city as well. I didn’t think so, Um What to do. The reason. The reason I ask is that the one of the things that we’ve been trying to push back against and and trying to get more time to figure out a lot of the different issues that we have with FEMA and the

00:58:23,730	government telling us how high we need to build the whole south side of Bismarck is and you take a look at some of our trailer courts and stuff as far as anything new comes in, we have to have about 3 FT. Above where they’re at now, so you can go through a few of them.

00:58:37,430	And see and all of a sudden You know you have Elevated on stilts down there, So I think that Um as Comm. zuroff had had mentioned. I think that’s one of the things that we need to take a look at.

00:58:52,630	But make sure that you speak with your counterparts in the city as well as far as if that will work or If. It won’t I mean? Yeah? You guys gonna send an email but the way it sounds, we’ve tried a few different things, a few different items.

00:59:13,700	Even To the extent of some of our structures or our But structures or road structures down there being either categorized or being, uh, Recognized as a flood control control control structure has been different in in some of the different things that we’ve had issues with. The federal government as well. So if you can, um Meet with your counterparts as well and I will follow up with him too. OK Comm.

00:59:36,300	would would the you know the the period of time between this meeting and our next meeting? Give you enough chance to work through some of that, and then I. Mr chair I. I will definitely get first Get a hold of the state NF IP coordinator and see if that’s that would be a consideration. He’s probably gonna say Well.

00:59:54,300	We’re gonna be originate in there and figure that out so that I can tell you they they I don’t know when they’ll answer but what it What. Do you think it’d be OK to still schedule a public hearing and then work that in as a possible change, or what have you is my question? Really? Yeah Mr chair that these This

01:00:09,230	is a long process until we’re at the final stage. Both those public hearings. We can make changes. So. Yeah, this What I The plan to do is is get the resolution on Uh, next Monday’s hearing your, uh, County Commission board.

01:00:28,370	As for resolution, then we’ll set the public hearing as soon as we can. After that to go forward with it. And hopefully, we’ll get an answer on this. Uh you know these vertical datum, but we we do mirror the city of Bismarck very closely with this. OK. I would make a motion to schedule a public hearing based on the resolution of the county commission.

01:00:47,270	Does that make sense so that and obviously I can’t make that motion that the county commission but I would hope that you would I’ll second that motion. OK. It has been moved by Comm. Bittner to, um move this, uh, bring or bring this to a public hearing.

01:01:04,830	Subject to the resolution of the county commission, subject to the resolution of the County Commission, and it is seconded by Comm. Marquardt. And and just so we’re clear The goal is so that we are moving forward rather than being on home. Sta. Yes. Uh so we, uh yeah, it’s been moved and seconded. Uh, is there any any further discussion? I have a question.

01:01:28,230	Um, on this motion, um Where. They’re going to send a resolution to the county commission. Um, is that for to hold a public hearing at the Planning and zoning Commission, or to hold it at the county commission, bringing it over here to hold for a hearing. OK, I. Just. Wanna make sure yes. Any further discussion. Mitch.

01:01:52,530	It is very important that we get before that ahead of that June 6th, because that that’s the deadline for getting these on the on the books and following the NF IP insurance. So. All, right. Any, other, uh any further. Edits that anyone wants to discuss before we move into a vote.

01:02:17,970	We need to put on this chair? Yes, motion. So, yes, it’s been moved and seconded. Um All in favor. Say I any oppose? Hearing none motion passes. OK on, uh, so moving into our next piece on the agenda and under other business, we have Article eight. It is a special uses section 28 for agri tourism. Uh, again.

01:02:44,870	This one is a, uh, no action needed. This is, uh, edits that, uh, mitch would like some feedback on or, uh, potential additional edits. So. Mitch if you could, uh, maybe introduce this Thank you, Chair.

01:03:09,200	Um The Burly County and and, uh uh, planning staff of both burly county and the city met with, uh, just recently with, um There. The part North Dako department of of, uh commerce, tourism. Um With, Holly Miller and Sarah Coleman, Um, to discuss this ordinance. Somehow they got a hold of her ordinance, and they wanted to have their input in it.

01:03:28,400	And, so we did We listened to him for quite a bit And he did give give some pretty good Pretty good points. The. What. You should be looking at it has numbers of the page numbers on the bottom. Of. This one, right. OK. So on the same page, And. Basically these changes were to to incorporate, uh, tier one and tier two level.

01:03:52,000	Tier one basically is, um, it’s allowed by right Um there’s questions at the, uh At that meeting with the tourism that if we would prevent anybody from having a hayride And that’s not the that’s not the purpose of this. Uh, this ordinance, anybody can have a party on their property 300 people.

01:04:13,770	350 people any time of the week. As long as it’s not a repeated Um, meeting And. They’re not selling alcohol. They’re not firing off fireworks and not having gambling. Anybody in R County can do that. Without a permit. So.

01:04:37,230	This does not include stuff like that, in individual wants to have a hay right out there and have a group reunion or anything like that. That’s not the intent. Um The The intent of this ordinance. I’d like to start back at the very beginning. Is to prevent commercial recreation event type event type use is just like a Some some have been having to be permitted by right without the approval of this board.

01:05:09,230	The idea of anybody using commercial pro, Uh, commercial activity on farmland is is exempt is not exempt from our ordinance. It restricts commercial activity. You know the sense. Farming is commercial activity, but it is absolutely tied to agricultural purposes. An event is not tied to agricultural purposes.

01:05:33,930	And, so especially if it’s approved, it will allow events it will allow those events as long as it follows the the structure of this ordinance. It’s um Is defined basically on agricultural recreation Tier two. This is basically the list that combines all those, uh, activities together. As as close as we can assemble.

01:06:01,100	We don’t want to have a 30 page ordinance for one thing, so Um It does it is mirroring the city of Bismarck. Except. This ordinance does allow tap rooms. That does allow Um breweries. Um, that sort of thing. The, um The use of that tier 22 operation on Page three or four would be restricted to the the permanent uses of listed one through 13.

01:06:38,030	And this is, um In, the in the preliminary stage of draft stage. So. It’s still in the works, Um We have We have one more stakeholder group, possibly with the city of Bismarck, But. We’re also gonna have Hopefully a meeting with Dave, Lehman and his group out there. The neighbors out there. Basically, that’s a stakeholder group meeting too. And. We.

01:07:02,130	Wanna discuss the ordinance? And. Like. I said The intent of this ordinance is to protect somebody like Dave. Who’s going to apply for this as an allowed use as a as an allowed right use on its property as long as it falls follows this ordinance, Burly county will issue that permit. We.

01:07:23,770	Basically, we if we do issue that permit, we have to stand behind Dave and his operations. If. He follows the ordinance to the letter. Uh yeah, Comm., but On, uh The permanent uses, you know, in the kind of the original draft, we had a We were talking about this in conjunction with an owner occupied single family dwelling. Goal.

01:07:47,970	There was so that if something was going on that the actual owner of the land was was living there and whatnot, But I don’t see that in the In the changed part. I thought that was in there. Attracted And that that was essentially because somebody said That.

01:08:19,530	This guy is doing this thing over here, and he’s a renter. He doesn’t have anything to do with the owners and the whole thing and nobody really knew what was going on. And Yeah and and generally speaking, if somebody doesn’t live there It may not be taken as good care of the Place right in the whole thing, you know? But. That’s.

01:08:38,100	That was the idea behind that. And. That was what two A that was struck out, right? Yeah and I, and I just didn’t see it anywhere else in in the the new highlighted language. So. If that under that, if that does that mean that if someone’s living out there they get the special permit, And then they Move away.

01:08:55,770	This special use permit, then go away, then with no one living there, or it doesn’t matter it it would not run with the land. Yeah. They’d have to reapply. Got it. I will. I can certainly put that back in Brian. I think we should absolutely good idea.

01:09:24,430	There is a on number 13 here in the in the edited version. Uh, you know, I do see something about dust control, but, uh, you know anything anytime that something like this I mean, we’ve had similar things to to this as far as people coming up and saying, Hey, I wanna have a special use for this or this or this? Uh, typically we have

01:09:41,600	public hearing and things come up, and it’s usually road conditions, dust, traffic and parking. Uh, no traffic of what The increase in traffic is To. Whatever area.

01:10:00,330	It is the road conditions of what the road condition is in and then what it’s going to be in after the amount of traffic is is on that, you know, uh Basically is it R it up, is it Is it, making it worse than it is, Uh, just the um and then parking is another thing parking That’s not on the property, not talking about parking on the property. I’m talking about people parking on roadways that are outside of the property.

01:10:18,470	So, uh, things like that are things that typically come up I. I. See that we did We have something in here about dust. But. Um, Is there anything that we need to put in for to Address any of the road conditions, traffic or parking. Basically, I would say, Call it on street parking, maybe on road parking.

01:10:37,070	That it’s to to me on road parking should should not be allowed. Uh, That that if you’re going to host an event while your parking needs to be contained to your property, um and then things like, uh what? What type or What type or what condition of a road needs to lead to this property.

01:10:56,830	I know that was something that came up in the, uh, in the last hearing that we had was, um, just the conditions, the ditches, the, um You know different grades of the of the road. Um These these things Come up, I guess is what I’m trying to say So, should we address them? In this ordinance. Mr Chair.

01:11:18,370	The, uh Well, first off the dust. That’s big. Very It’s um And we I We kind of referenced Morton, Uh, Counties Ordinance on special uses, which requires dust mitigation on special use permits. Doesn’t say for specifically for each one, but it can be added just like what I put under certain circumstances.

01:11:46,430	Um, this was, uh uh, discussed for a long time at the last meeting we had with Dave and the group of neighbors there. Um, the condition of the road can also be if it’s gonna have 200 cars out there, and it’s a and a rainy day or it turns into a rainy day, and they it’s it could be You know a condition of having that

01:12:04,870	special use. And that’s that shouldn’t be allowed by one person. You know on on a continuing basis they in Morton County requires dust control and they also call require reparation to the road. The, the last by the by the But, the owner. Yeah the and the the one the The.

01:12:29,270	Um, special use that I looked at that they had that she sent me was for a, uh, asphalt but, uh, gravel plant. Grow Yard, OK? Yeah Comm. bitner. Thank you, Mr Chair. Well, I think you should probably work with the highway Department and put in some applicable language about that. Right.

01:12:53,770	I did I can ask him again? Oh, You ask and didn’t And didn’t get a reply. What Casey anything to add. Sure. Um, the sorry the portion with Morton County saying reparations that’s gravel gravel operation, so it’s a hall road.

01:13:16,630	We do all that now but anyways, uh, when you’re looking at a special use permit for more agritourism, that’s not really a hall road under those types of conditions, So we view that a little different and our thought was instead of in the ordinance.

01:13:34,570	You could put that as the specific Permit for the special use permit in there because it gives you that flexibility because some may have a lower use because they’re looking at 15 vehicles a day and some might be heavier and looking at 300 a day or something, so it gives a little bit more flexibility for the board, right. But I still think that the ordinance should have something in there? That that notates that that’s coming that, you know, subject to would be required. Yeah.

01:13:54,630	There should be something in the ordinance in front so that Anybody who reads the ordinance has a basic understanding of what’s coming down the road. So like for part, J, Uh, Special use permits may require These items as determined by the planning and zoning board.

01:14:16,100	And just give a general list just some additional and the general list wouldn’t be exclusive to just that list. There may be other items or just or but we work with Mitch on some something that’s like gonna be suitable language for that purpose. I think you understand the concern. And then what was Uh, dust that one always comes up. Uh and it’s if it’s needed.

01:14:38,470	Yeah. We. We can recommend it or not it just depending on the situation. Um I just blanked out the other one on there. Road conditions We have to Yeah road condition. Oh. They’re on street. Parking is the other one but road conditions. They. They can be great at the time. They’d be great. And.

01:15:02,970	Then he He got one event that a storm event that nobody can control and it can road conditions can Keep me up at night. Let’s say on that, uh and, uh, it creates quite a bit of work sometimes doesn’t necessarily keep me up at night, but I get those early calls then, uh, entree parking for City urban roads that

01:15:28,030	that’s allowed in rural areas. That’s actually not that’s already a law. So when we have somebody that parks on there, Uh, we we’ve had it a few times we call the Sheriff’s Department. They’re really good about going out. Uh and we go through the process.

01:15:42,070	And if they don’t they have so much time to to move it. If. They don’t then we’ll tow it at that point, but that’s only bring that one up. Because I, I believe that came up as a, uh, it I believe it was at our last meeting that, uh or two meetings ago that it was, uh there was some event being held

01:15:55,000	there was at an auction. Or something like that. And People lining up down the road. And and if, uh, if if there’s an issue we always tell people please call us. We’ll work with the Sheriff’s department. Well. We work at getting that taken care of as as fast as we can.

01:16:12,370	On that because it’s already law that’s already in place so we can So. If we write another part. You’re just writing a law for a law that exists and I think In that case. It’s that’s that’s great. That would be taken care of that would be on the on the, uh, I would say the person that owns the vehicle.

01:16:29,030	Correct it. It’s not anything on the business, If if just let’s just say Yeah. It would be a business that, uh is has a special use permit to do this and continually continually continually has has, uh, a bunch of people out there and they’re always parking on the street.

01:16:45,630	I think there’s gotta be something some sort of thing that has teeth in it to say that you know that that at some point this business is is not liable but is responsible. For for creating this.

01:17:00,430	So what’s what’s gonna be the the teeth in saying that? Hey part of it Is your your permits on the line here and part of what we’ve told them if if you don’t do your parking to address this, this is reason to revoke your special use permit so that that’s your hammer at the end is the permit can be revoked in writing, you know, in some reference to it in writing so that it’s just clear you don’t

01:17:17,030	do this because I’ve I’ve been to. I don’t know hundreds of auctions, and that’s kind of self policing. You know, that’s you Just go to an auction People park and do all that whole thing They almost always have people generally in auctions. A one time thing. It’s not so Yeah. We’re talking about something different.

01:17:36,170	Yeah, say it’s part K if there are continual violations that may be basis to revoke the special use permit. Along those lines. Uh, yeah. Comm. streifel. Oh I. Have a question on uh more for mitch. I. Guess, if unless you weren’t done, Casey, I just write notes Sorry. I have a question on number one underneath.

01:18:00,970	That is another number one. Question number or the number two below that the lot in which the use is located is at least 35 acres. I’d be interested to know. Why that was changed from 40. And, then right beneath that in number three it, says 200, then in parentheses. It has 250. So. That’s a typo on the two arm.

01:18:25,830	2, 5200 and 52. Ok. 250 is what it’s supposed to be. It’s supposed to be What 250. Um The 35 Acres is the aliquot description of a Of a farm. Basically, you can get down to 35 acres and still be considered a farm. Not require Plat. Um We can certainly change that to 40 acres.

01:18:50,600	It doesn’t you know it was? That’s the city Put that in there? I didn’t and I wanted them to look the same. You know we’re following march in line with the city, so I think he, uh, I understand that, mitch, but you know you’re your language that was lined out on the other one is is probably the better

01:19:09,200	language to use in that case, and I’ve seen that same exact language in a bunch of the city ordinance stuff, too, So. It’s not a new concept to them, they might have been simplifying it as well. But some things you don’t need to simplify. Um, Mr Chair back to the park.

01:19:28,770	Uh, the this he’d have, he’d be required to have off street parking. We have a meeting with the fire marshal. Um I think it’s tomorrow. I’m Sure I had to look at my calendar, but we we specifically want to discuss the Grass parking versus gravel parking in and if hopefully they’ll consider grass parking OK? As far as for fire risk of

01:19:52,570	fires. Um We don’t know that I mean and that one when I was reading through here, too, was that it was kind of surprised me a little bit that, uh, that There would be II. I can see for your your one use type of things. I mean I.

01:20:08,970	I think we will use the, uh, the example of an auction sale is that I mean there’s there’s definitely people parking on grass. Uh, if it was gonna be something that was going to be, um, happening week in and week out, I. I don’t know I to me.

01:20:27,500	Parking on grass is not a, uh not a great Answer, uh to that, but, uh, I guess that’s kind of up to you up to suggestion. I to me. I would rather see not on grass, but Just purely to, uh I mean if if we’re getting rain, it’s It’s no problem, but, uh, if you’re not Because to be an issue. Uh, yeah. Comm. Marquardt. Chair agnew.

01:20:46,970	I think one of the things as far as grasp you take a look at Papa’s pumpkin patch. There’s a lot of the grass areas. It’s moored. I mean it’s It’s taken care of. But yes, you are correct, And when there’s a rain event, or if there’s something that is muddy to walk through, But.

01:21:02,300	I think that’s the I guess the type of grass that I was thinking. Not not tall stuff, I think if it’s groomed or mowed or something like that, I think it’s a little bit different issue, But. There’s those issues, though, as far as your fires, we’ve had those different discussions come before us as well.

01:21:16,100	Yeah, yeah, and I think the The. You know the fire? Uh, in your meeting with them, so I’m sure they’ll have a better A. Better take on that The fire is the biggest concern for me. Um, mud. People have to live with mud here in the country. Uh, wishers are off. There’s No.

01:21:36,430	Perfect because you you you either have the fire risk or you have them gravel it and then you have 10 to 15 acres of gravel that you wanna start talking about dust. Mhm. You get 40 mile an hour wind on 10 acres of nothing but gravel. It’s I mean I’ve been in enough construction LA on yards to tell you Yeah.

01:21:54,200	Yeah, And. I think that I think that the dust issue is more on the on the roads than it is on the on private property. But yeah, but what I’m seeing is if you’re starting to require 10 to 15 acres of Rabble parking lot. On, a site that’s 40 acres or whatever to facilitate.

01:22:15,430	250 part vehicles are 100 vehicles and even if it’s two acres of gravel, that’s still a lot of gravel that causes a lot of dirt, dust and debris where you know if it’s getting used up to no more than 12 times a year. Yeah.

01:22:37,830	Yeah, And, I think like you say what? I think That’s more of a, uh, probably more of a question for if if it is a concern to the to the to the Royal Fire department. That’s I mean I, don’t I. Don’t.

01:22:56,500	It’s not a big to me is not a big ticket on this to have gravel parking because there are so many things that have have grass in rodeos, Fairgrounds. Uh well, at least the uh, where, where this week. Um You know they have grass parking. It’s mowed. It’s kept flat, but it’s you know, the city is not gonna require it. Um, they are gonna require us all street parking is tied directly to the events. If.

01:23:17,430	You wanna have events? You gotta have a place to put your cars. Yeah, Comm. bitter. Is there a specified mowing height. That. I mean, you know, it’s supposed to be, um How much. How much mold, right, I? I don’t know It’s a That wasn’t brought up either. So. We can ask tomorrow. OK? I just have one more. Oh, yeah? Comm.

01:23:40,530	streifel. Uh, on number nine that has been changed from Minimum of 100 100 FT, adjacent to properties with residential use, zoning or land use class classifications were before it said all So does that? No? That’s not it? It’s uh I was in a hurry. Forgive me when I put this together. I was in a hurry.

01:24:05,370	No I, I. My my interest in that was just, uh 100 ft. Setback for any buildings from any part OK so that’ll be that’ll reflect. Yeah. Egg property or whatever. Is adjacent.

01:24:34,870	Instead of a say any What are you? What are you? Yeah? I? Think the the pre you’re saying the previous one said any or all Excuse me? Yeah. And. Um, my brother said he to the norm. Any residential use zoning or land use classification. Right. Wouldn’t that make more sense. Well. I think that’s more more geared towards the city.

01:25:00,500	Because there is they’re in the ETA on this, so there are residential subdivisions right next to some of these, like pop pumpkin catch and the Apple Creek farm where you’re at out there, so it’s I think that’s was their intention to leave it as a residential, But. We can just put Um, this exclude the residential and just put 100 ft adjacent to all property lines adjacent.

01:25:22,230	You’d mentioned something, mitch about, um Selling alcohol. Right? But in in the Tier two. There’s tap rooms. Uh, distilleries, wineries, those types of things. Is this So If you’re an inter to you. You can sell alcohol on your You can have tap rooms and I. Don’t believe we’re not getting it.

01:25:50,030	We’re looking at tasting events for Apple cider or for wine or for beer. It’s, uh, it’s not like a liquor store. It has to be tied to that agricultural use. It has to be a product of these either grown on that property or within the region. OK, so if there’s comes in Um, Where’s that? Oh. No, Go ahead. Yeah.

01:26:11,370	So we’re saying that you know any of these uses that are ancillary to it. And so it’s to Ra to agricultural use? Yes. It’s like covers that Yeah. We have to tie it, Lock it into the agri agri business. So. So If.

01:26:32,800	I’m having a, um Let’s say for like the the hearing we just had or was it last me last meeting? I believe, or two meetings ago. Uh, we had, uh, one for wedding events If. I’m having a wedding event, and so you can’t sell any alcohol. At this event. No.

01:26:54,030	That’s not restricted, OK? It’s licensed but has to be licensed, according to the state century code, You have to bring a third party in No if they who whoever serves or sells the alcohol has to be licensed in bondage to the state. They have to get a permit. They have to go permit to the department. It’s commerce, but we have to go to the Auditor for their permit or alcohol for this, OK. I just I.

01:27:13,770	Just wanna be sure because there’s been no wedding reception I’ve ever been to that doesn’t have alcohol in it. So. I was Oh, I mean? I don’t wanna set up wouldn’t wanna set up AAA dry Event center here. So, you go to the fun weddings Exactly, Yes. Um But.

01:27:33,170	We’ll We can certainly find out about the grass and the parking type product either get gravel or grass. Um, change the 40 acres. Include single family. Um Anything else? I think Dave wants to talk? Uh, yes. Uh uh, Commissioners are off. Yeah, I So on item number five. It says site design and buildings must conform to all applicable requirements.

01:28:01,500	I BC IFC, um Only thing, I. I don’t know. Do. We add in new construction buildings. Uh, because I know there are plenty of these properties that have historical buildings on them that will not be meeting.

01:28:20,630	I BC IFC, but if we don’t specify new construction the if somebody wants to raise a stink that could come and say, Well, this barn that was built in 1880. No. I can’t agree with that. As a general contractor, I.

01:28:42,670	I think that the public safety In, a building that’s being used by the public is the same, regardless, whether it’s a historical structure or or new construction and I have been involved in many historical reconstruction projects and That’s a That sort of public safety issue, not a Construction, so I’m just and just general questions so because I’m just thinking of like, uh oh.

01:29:07,570	Newton’s project on Main Street here, the old train station and places like, uh, out at the state park with, uh, Custer’s house and Um oh, like those earth lodges and a couple of these other like historic houses, or those are all size relative to fire code. It’s all size specific, You know a certain A. Certain number of people in a certain size room is gonna have Suppression and whatnot, So it’s not a one size fits all.

01:29:26,700	No. Like I said. It’s just a a built them, but right well, it’s like I said. Just. A question on how that works, because I I’m thinking of going through, like, uh, the Marquis de Moore house out in Medora, who worked on that one, too. Does that have fire suppression in it.

01:29:45,430	I mean because it’s It’s a smaller um, basically what this is referring to is if you take a I like right across the road from me. There’s a great big barn and you can have you can exceed the fire code. Uh, Body wise people wise, and that’s what triggers the the fire suppression and the whole thing. I just Yeah. I.

01:30:06,230	Just don’t get evacuation, and you gotta have There’s. There’s a lot of I just know the expense on those fire suppression systems, and I just don’t want to get in a situation like with Lehman, where all of a sudden he’s got to put $80,000 fire suppression system in his house that he gives historical tours

01:30:21,200	on. I don’t think the house would be the same thing as, uh, as, uh, gathering space that all existing buildings um if that’s just take days Buildings out there if he was the historically accredited those buildings or either ship or national registry, they are exempt to a certain degree on building codes. Actually a lot.

01:30:45,230	And. It’s, You know they the international existing building codes, which are the city of Bismarck. They follow for the county follows the state century code code follows, too, and they are exempt, depending on the amount of work that’s going involved into if it’s a total gut. If.

01:31:08,100	It’s total removal, then the historical things can stay there, but they Depends on how much of a threshold they reach on that change will increase or decrease the amount of building codes that are referenced in. Um so with the, uh you said your meeting with, uh, some people tomorrow.

01:31:30,130	Uh, if you got some recommendations from us, uh Would we be able to bring this to a To a public hearing. Next. Next meeting. Well again, it would have to be a a resolution. We could try to put it on the resolution. Next week with the county board. If. You think it’s ready? I don’t know. I mean up to I don’t understand what I mean.

01:31:52,600	Why wait? OK, because we meet every two weeks. Yeah, we can wait. OK. This isn’t just time sensitive. The Flood is this Is this something where all existing operations then? The operate within the realm of the agricultural recreation would need you ask if there’s like a grandfathering or yeah or the grandfather because I’m think I

01:32:14,370	mean I I can think of 15 businesses off the top of my head that would fall under the realm of this that operate within how how would that work, mitch? I don’t know any in the county that are operating under this, but they that would be they would be exempt, non conforming.

01:32:34,100	OK W A, but that’s not allowed you just just reading through because with this like a pop, like if I were to start after this was adopted if I was to start a pump poppas pumpkin patch with that fall under this if you were, if you were to start yes, it will.

01:32:52,300	But but would Papa’s pumpkin Patch Black Lake Ranch, Uh, the corn meal ran out of this one. Their sole. Well, they’re still within the purview of the county. But it Circle sea. So circle C, So I mean again.

01:33:13,400	All of these other businesses that are currently operating, or are they going to have to come in before they’re season starts? That’s true, But there, There’s There’s a clause in the zoning ordinances that relates to that Use that is non conforming after something like this gets passed is dealt with in the ordinance. The grandfather, right. There’s no reciprocity or no, but yeah. That anything else from mitch? I think Mr. Lehman wanted to talk.

01:33:38,970	I was gonna I was gonna say I’ll, save that until we have a public hearing. Then. We can listen to all the public. Um, but yes, if there’s anything from this board or the questions for mitch or edits potential edits for mitch. At this time.

01:33:59,300	So the update from the fire, Um, fire Department, we we should be able to have that at the next meeting will include single family and then um Change the 100 footstep back to all and change the 40 acres. Uh, thir 35 to 40. That’s all that I have. Yeah. All, right? I Appreciate the, uh, the Time put in on this. The.

01:34:27,000	Uh, that is all that we have on for other business unless anyone else has anything else to bring up from the board move to adjourn. It has been moved by Comm. Zuroff to adjourn. It’s been seconded by Comm. streifel. Is there any oppose to adjournment? Hearing on we are