00:04:26,700	The request, as you can see on the screen here, is located in central Bismarck, north of East Century Avenue and east of State Street in the Northwest or northeast quadrant of the intersection of North 19th Street and Oregon Drive.

00:04:49,170	Adjacent uses include open space and single-family multi-residential to the north, single family residential to the east. Single and two family residential to the south and a church multifamily residential and undeveloped commercial land to the west. The property has been identified as urban neighborhood in the future land use plan. Uh, the public was notified of this request.

00:05:13,630	A notice was published in the Bismarck Tribune on November 7th and 14th and 3 1 postcards were mailed to the owners of nearby properties on November 7th. A physical sign providing information on the public hearing was placed in a publicly accessible spot at uh. at the project location on November 4th.

00:05:38,270	Uh, staff has received several comments regarding this request, um, staff has received 4 phone calls from, uh, various individuals uh around that area. And an additional 10 formal written comments were also received. Uh, those written comments were forwarded to the commission prior to this meeting.

00:06:00,700	Um, the comments, uh, from both the phone calls and some of the written comments that were against the proposed request included concerns related to the use expanding beyond grief counseling in the future, parking and traffic, concerns property value, concerns, and the use not fitting in with the current neighborhood character. Some of the written comments that were in support of the proposed request, uh, noted that a residential atmosphere is important for the grief work conducted, ensuring safety and stability for those attending the sessions.

00:06:22,600	Uh, the request was evaluated according to standards contained within the comprehensive plan, Bismarck Code of Ordinances and relevant state law. The applicant is proposing to amend the zoning in this area from the R5 residential zoning district, which allows multiple uses, um Thank you.

00:06:48,330	Uh, as you can see on the, the screen here, typical uses include both single family residents is as well as a multitude of other, uh, types of uses, um, and the applicant is looking to propose a conditional RT residential district which would allow a single-family residence, um, as well as the youth and young adult group, uh, grief therapy support use.

00:07:12,730	Um uh, as you can see on the screen, there are additional development standards that are also consistent with either the R5 residential or home occupation, uh, requirements, um, uh, as you can see, it’s similar to the setbacks, uh, lock coverage, um, this, uh, slide, oh, thank you. No, you’re good, uh, the building height as well is very similar.

00:07:38,900	Um, additionally, uh, maintaining a residential appearance, uh, if you want to flip to the next, thank you. Uh, maintaining a residential appearance of the property, hours of operation, number of visitors to the property at a given time and sign restrictions are also similar, either mirroring the home occupations or in some cases being a little bit more restrictive.

00:07:59,800	Um, both, uh, the current R5, uh, with, uh, the home occupation allowance as well as the proposed conditional RT, uh, would not allow any overnight visitors for those specific uses. Um, the applicant has also submitted a waiver from the landscape buffering requirements that would be required on the north side of the property due to the higher intensity zoning.

00:08:20,000	Uh, reasons for the waiver include site constraints, including the site’s topography. Um, staff find this justification to be valid given the conditions placed within the proposed district. Uh, the applicant has also noted noted that evangel, which is across North 19th Street will allow the use of their parking lot for occasional overflow, if that does become an issue.

00:08:44,000	Um, most standards included in the proposed conditional RT, uh, residential zoning district would be similar. Again, if not more restrictive to the R5 residential zoning district including some of those uses and development standards.

00:09:05,430	As a result of findings contained in the staff report, uh, staff find that the proposed zoning map amendment would not adversely impact the public health, safety, and general welfare. Therefore, staff recommends approval of a zoning map amendment from the R-5 residential zoning District to the conditional RT zoning district on Lot 33, block 9, Pebble Creek Edition.

00:09:35,900	Do you have any questions? Commissioner’s questions for Lauren Commissioner Lauren, uh, is it regards to the, um, traffic potential impact. Can you, I guess, elaborate on what the requirements would be for a structure of that size that has the use of a group, uh, or therapy or youth therapy, you know, what they’re parking requirements would be and if this site would meet that requirement. Uh, great question, commissioners.

00:09:56,530	She, uh, vice chair and commissioners, so the, the current properties, uh, square footage is, uh, just under 2400 square feet for the g ro s s floor area. Um, so that doesn’t include their garage space, um, but the general living areas.

00:10:14,900	Um, so if that size of a building were, say, an office building in another district, um, 15 parking spaces would be required for the type of use that would be conducted here. um the, the property, uh, has, uh, eat off-street parking spaces, uh, both with the garage and the driveway component, and there’s an additional 5 on street, um, for a total of 13 spaces.

00:10:40,370	Um, those off street or those on-street parking spaces are those spaces that are directly adjacent to the property and, uh, would follow the, the minimum requirement, um, for counting those, uh, on street parking spaces.

00:11:00,170	so even if I could just follow up, even though they might have an agreement with the, the church parking lot adjacent to it or Kitty Corner, the site by itself would be adequately parked if, if approved. from as far as ordinance is concerned. Yes. OK, thank you. Any additional questions Thank you, Lauren.

00:11:24,430	Thank you Uh, I will, uh, open the public hearing for this agenda item is either the requester or a representative here that would like to address this item. Good evening, commissioners and to please put your name on the uh sign in sheet there too, and, and uh let us know your name as well Good evening. My name’s Jenny Matala. I am the founder and executive director at Soul 57. We are a nonprofit here in Bismarck area.

00:11:52,500	We’ve been serving the community for about 2 years. When we submitted our application, I included a 4-page letter, and so I think you guys heard plenty of my background and why we’re doing what we’re doing. And so tonight I come to you just to alleviate some of the concerns that have been brought up by the neighborhood.

00:12:12,170	I want to respect their concerns and make sure people feel um comfortable as we move forward, um, in terms of parking, as we just discussed, we do have written and verbal permission from Evangel Church to use the Kitty Corner parking lot to have any overflow traffic we have not in the last two years

00:12:33,070	ever received or needed to have any overflow. We have 4 parking spaces where we currently resign or where we live or have our operation and those 4 parking spaces have sufficed over the last two years, and then some off-street parking when kids are being picked up or dropped off.

00:12:54,470	On those evenings, and it’s typically 6 evenings per month, we would have parents dropping kids off between the hours of 5:30 p.m. and 7:30 p.m. Um, very minimal window of time in which there would be any traffic in the area. Otherwise it’s two full-time staff and then two interns, and most often we don’t, the interns wouldn’t work on premise other than those Thursday evenings.

00:13:21,070	Additionally, the purpose for use of this space is for peer grief support. It’s at most about 12 children come into our facility. We have activities we have conversation, we have dinner, and then they leave the premise. There’s never an overnight stay.

00:13:44,170	There is never cause for them to be roaming around the neighborhood there on our premise at all times. and for future use, should we ever need to relinquish the home. We would go back to that R5 zoning that is written in. It is a conditional zoning and so their future use for it would never, um, factor into other businesses taking it over.

00:14:07,630	This was just a very conditional purpose since our operation has um the need for more of that comfortable, safe space for the youth who are grieving the loss of a loved one. Thank you guys Commissioners, any questions for Jenny? No, no problem. There you go. Commissioner Field We forgot to mention here at Finlander.

00:14:33,800	Um, well, that’s a married name, but yes, it’s Finished. Good job recognizing. Well, I’m only half. OK. The other half argues with it it’s Norwegian. I’m very Norwegian, so you got me there. Yeah, so I was bred for temperament.

00:14:52,000	Um, the, the problem I have with these things, and this is almost like a chicken argument again. I mean, there’s, when, when a community buys a, you know, into a, into a neighborhood. And you know what the zoning is. It’s hard to change the zoning because the people that own homes around it don’t know if they’re going to lose money.

00:15:15,370	And there’s a lot of places that do counseling that aren’t in a residential neighborhood. I mean, the Ambets, people use the meeting rooms there all the time. And you could meet there for free and have a parking lot. So the, they have veterans that meet there all the time. So it’s hard for me to sit here and say that if this can affect everybody else’s property value.

00:15:37,800	There are other places that low to no cost that you could meet. And that’s why I have a hard time rezoning a neighborhood. because of that Even though it it appears to be legitimate but I, I don’t think I’d be happy if that happened next to my house. Understood.

00:16:03,870	We do have um some statistics that prove that these sorts of groups, these peer grief supports, do operate better in a um home type setting. It’s a very vulnerable situation when you bring youth in who have gone through traumatic losses, and so we just want them to feel as safe as comfortable.

00:16:23,730	We have looked at office spaces and for one reason or another, um, they, we just all have that better feeling when we go into a residential space into a home setting.

00:16:45,600	Um, as for property values, we do have some research that shows, um, other neighborhoods in the Bismarck community that have had, um, operations based inside a home within the community and their property values have not been affected. so we will, um, absolutely address that, and it’s a very important concern, and we want to take them all seriously. Um, we just know that from our experience, what we’re doing at our organization, that home setting does, um, have a better appeal to the families involved.

00:17:11,170	Thank you. Thank you guys. Thank you. Any additional questions? Thank you. Thank you Uh, the podium is open for anyone else that would like to address this agenda item. Hello, my name is Annie Blackwood. Uh, sorry about that. I had my water bottle doesn’t fit there.

00:17:49,370	OK, from the time I became a mother, I always dreamed that my home would be that home, the home where friends gathered for snacks, birthday parties, holidays, a place of warmth, laughter, and belonging. Our family’s story began in 2001, where we attended college and doctorate school. We added 4 beautiful children.

00:18:11,500	In 2009, our path brought us to North Dakota for an internship, and by 2011, we’d started our own business and with that growth came the opportunity to purchase a much larger home than we were currently residing in And it was a home big enough for our growing children.

00:18:31,270	In 2013, we moved into that house and it has held our hearts forever. I’m emotional about it because it is a very important and very special place for me. The house is at 1901 Oregon Drive. We raised our four children in that home. The neighborhood became an extension of our family. We shared vacations, holidays and weekends with kids. running around the yard, lemonade stands and laughter filling the kitchen.

00:18:53,100	Inside, the walls, there were always a puzzle on the table, a pot simmering on the stove, and a pile of shoes by the door, which was our favorite sign that love was present. Every child who walked through the door was welcomed with acceptance, a snack, a meal, and a genuine conversation.

00:19:11,730	This home became a safe place, not just for our own children. but for many others who needed one. In 2021, when our oldest daughter daughter graduated and moved away for college. We found ourselves with extra space, and we felt called to use that with purpose.

00:19:30,530	The same year we became licensed foster parents, and we opened our home to 4 additional children. At one time in need of stability while their mother received mental health support. We became a family of 9 in that home. Over the months that followed our home became a haven for them, filled with reassurance, laughter, and unconditional love.

00:19:52,370	After they reunited with their mother, we continued to open our doors to other youth, including young men whose family a young man whose family could not care for him. Through him came many new friendships, mentorship and deep conversations about life, faith, and hope. We’ve housed over 10 foster children in that home. Half of them being long-term stays.

00:20:11,600	All of that happened within the walls of 1901 Oregon Drive. Now that our own children are grown, we began to think what’s next for us at, at first we prayed for the right buyer, someone who would love this home as much as we have. but over time our prayer changed.

00:20:28,730	We realized that this home was meant to continue what it’s always done. to serve. Shortly after, we changed our focus prayer, so 577 came to look at our home and soon after made an offer. So 57 is not just purchasing a property.

00:20:52,870	They’re stepping into a a legacy that they will continue the very spirit that has filled 1901 Oregon Drive for more than a decade. Creating safe, nurturing, homelike environment where children and teens can feel seen, supported, and loved Research shows that grieving youth thrive best in places that feel like home, warm, welcoming and personal. This house already embodies that atmosphere. We have created that.

00:21:13,630	It is already proven to be a place of refuge and restoration I would still support the efforts of Soul 57, whether it be my home or another home in this neighborhood or in this community. These kids deserve that.

00:21:39,630	So tonight I respectfully ask that the city approved the rezoning of 1901 Oregon Drive to allow So 57 to continue this important mission to transform this home from a place that has served many informally into one that will serve intentionally for years to come, because 1901 is always been more than a house. It’s been a home, a safe place, and a beginning place for hope.

00:21:57,970	And if you ever stop by, you’ll still see that familiar sight, a pile of shoes by the door, reminding us that love lives here and will continue to live here through Soul 57. Thank you. Thank you, Commissioner, any questions for Annie? Thank you The podium is open for, for, uh, anyone else that would like to address this item.

00:22:32,530	Good evening, commissioners. My name is Sergey Oitsky, and I’m the executive director for Arts for All. I’m here in support of a zoning ordinance change, so Soul 57 could purchase the home where they will be providing services.

00:22:49,100	I’ve known Jenny Matella, the executive director of Soul 57 for over two years. I was introduced to Jennie as she was starting Soul 57. I have worked closely with her on numerous occasions, as my nonprofit has partnered with Soul 57 on art workshops. I myself have witnessed the impact. Soul 57 has made on our youth.

00:23:12,170	Saul 57 provides an irreplaceable lifeline for youth who have experienced the profound loss of a parent sibling, or primary caregiver. Soul 57 provides a stabilizing force for kids navigating one of the hardest seasons of their lives.

00:23:35,700	Under the guidance of licensed professionals, sold 57 creates a safe space where young people can connect with peers who understand their grief, build coping skills, and begin to heal. There is simply no substitute for what they offer. The zoning changes in investment in the health, stability and long term well-being for our community’s youth. Bismarck prides itself on being a community that shows up for its neighbors. Soul 57 is doing exactly that.

00:24:01,730	meaning young people where they are, filling a gap that no other organization currently fills, and doing it with professionalism and compassion. I urge the committee to approve the requested zoning ordinance change, so Soul 57 can continue providing the vital therapeutic environment our young people deserve. This is a moment for a zoning decision to reflect our community values.

00:24:27,900	Thank you Commissioner, any questions Thank you Uh, the podium is open No. Good evening My name is Heather Demery. I have known the Blackwood since I moved to 2908 Arizona Drive in 2015.

00:25:15,100	Uh, my family was so happy to move into this safe space because we’ve lived in apartments prior, but my little family was growing and unfortunately where I was living was becoming not children friendly. and during this time my daughter lost her father. Eventually my son lost his father 5 years later, and I was a single mother of 3 children, and I didn’t have much support.

00:25:32,530	So had there been a safe space such as Seul 57 in my neighborhood, it would have been a godsend, a weight lifted off my shoulders. Grief is heavy and it’s scary. It’s something we all experience in some way, in some form, eventually. And for children, it’s crucial to have support.

00:25:48,700	I’ve lost my mother at 28 years old, and that was the most trying time of my life, and I can’t imagine being a child and feeling those overwhelming feelings of grief, you know, and, and this atmosphere and neighborhood in a home environment that will like set the tone and the the the it will create that safe space for these scared children who come in for these services.

00:26:10,900	I support my friend, my friends, the Blackwoods, whom have been godsend to so many people, families, including myself and my children, and they’ve opened their doors to many children to help be a beacon of hope, and I support the mission and passion for her to be so motivated to pass on that torch

00:26:28,170	to soul 57, who cares so deeply to make a difference in children’s lives or youth’s lives, and it takes a village and these children are our future. We either be that intervention now or we reap those consequences in the future with mental health issues as adults, so.

00:26:51,530	um please take into consideration all of these letters of support and thank you, Commissioners. Any questions? I’ve got 11 for you really quickly. So you, do you still live in the neighborhood? I do not now. I I bought a home three years ago on Lexington Drive down the road. OK. All right, thank you.

00:27:20,800	Podium is open Evening My name is Ken Keitlinger. I’m at 1936 Oregon Drive. Bought my home a little over 2 years ago. I bought specifically in this neighborhood because it was a nice neighborhood. fairly quiet besides the traffic on 19th Street, which is kind of a booger getting home sometimes, but you know, that’s life, that’s all right.

00:27:40,600	Um, I am not in favor of this at all. I’ve got many concerns with parking. OK, yeah, they said they got an agreement with the, the church, but what happens when something goes wrong there? People get upset, they say can’t do it anymore.

00:28:00,330	That’s gonna add a lot of issues, I feel, uh, I’m concerned about my market value of my home, because this is a residential neighborhood. It’s not meant for. running a business out of it, um. I just have grave concerns and I urge you guys all to vote no on this.

00:28:22,330	I specifically bought in this neighborhood for my family and I I just don’t think this is the right area for them. If, if they, I applaud them for what they’re doing because they sound like a great organization, but there’s other facilities. There’s other buildings. You can get a different, you can get a building, you can decorate it, you can make it look just like a home in a business district.

00:28:39,330	You don’t have to be in a residential neighborhood to have that happen. and you know nobody can sit here and say it’s not gonna affect my market value. Nobody. But I honestly feel that it will if I go down the road to, to sell my house.

00:28:58,000	I paid almost $5 million for my house. I don’t want to lose value. and in my heart of hearts, I feel that we absolutely will. Everybody in that neighborhood and I’m less than 100 yards, maybe 100 yards from their front door. I urge you all, please, do not.

00:29:23,070	rezone this because if you rezone it for this, someone else is gonna get the next idea for something else, something else, and, and it’s just gonna be a snowball effect. There’s other areas within our community, other here there’s buildings that are available right now.

00:29:44,000	Um the folks who own the home now, they beautiful upkeep and I’m sure these people would do the same, and, uh, I’ve never talked to either one of them, but there’s only two people here that are going to profit from this. That’s the owner. now that’s selling the home and the the Soul 57 Nobody else will profit I urge you guys, please do not do this to any of those families in that neighborhood.

00:30:06,900	Think of all those houses over there down Oregon Drive up Arizona. that are close to that There’s a lot of folks affected especially if you sat down and you really think about it, gentlemen. when there’s other areas in town that, that this could be brought into. That would be a more appropriate setting than a residential neighborhood.

00:30:29,870	That is all Commissioner’s questions for Ken Commissioner Field, so have any of your neighbors talked to a realtor? to see what their input is? Are we just assuming it’s going to I have a call into mine, the one that I purchased my home from and I have not got a call back from her.

00:30:50,630	I wish I had that information for you, sir, but I was actually looking. I thought ahead for that Is there a realtor here A couple of them. I can speak to this issue. OK, that sounds good. That was my only question. OK. Thank you. Additional questions? All right, thank you. Uh, the podium is open open.

00:31:18,370	Oh, I didn’t, I didn’t My name’s uh John Witt. I uh live uh 5 houses, uh, down the street from this house, uh, on Arizona Drive.

00:31:51,530	I, um, had sent a letter uh regarding the rezoning, uh, and, uh, was texted this morning by the individual who received my uh text and said that it would, uh, had been submitted to the group. Um I. I’m gonna reread the part of that, even though the commissioners have it, uh, because I had some additional thoughts, uh, since I wrote the letter.

00:32:15,500	We, meaning me and my wife are adamantly opposed to the whole idea of rezoning our living area the, um, the lady who uh who uh occupies the house at this time. We spoke to on her, uh, uh, driveway one day, a few days ago after viewing the sign for the first time, we did not receive a postcard in the mail, uh, just 5 houses down.

00:32:32,600	I understand that only those within 350 ft of the home received postcards. That’s a joke That’s the most, that’s the width of some yards. People have 200 ft of Lake Avenue and they think they’re, they’ve got a a grand deal, 350 Well, that’s a joke I um she was vague in describing what was coming to her unsold house.

00:33:04,070	If the zoning change is allowed to occur. I, I, I, I, I’m not comfortable with just taking it to heart that Soul 57 is uh uh in this for grief. Uh, they’re spending $589,000 to buy this house.

00:33:25,530	uh, which in the words of Zillow is still overpriced to $16,000. That’s uh uh a realtor uh agency or that it’s listed with Zillow, as well as other listing agencies. Uh, they say it more appropriately would be priced at $573,000. Even if you have, uh, even if you have 12 people in there.

00:33:48,470	do you really need 5 bedrooms and 4 bathrooms and 4 garages. Uh, I, I have concerns. Uh, is anybody gonna live in this home? Is who’s gonna take care of maintenance, uh, who’s gonna take care of upkeep, uh, who’s gonna, uh, who’s gonna keep the place looking? I mean, there’s 4 streets into this whole idea that turn off of uh a century

00:34:10,500	and uh 19. 1 is uh on the south, uh, that’s Arizona Oregon, uh, into this place, uh, and then there’s uh two other streets, uh, uh, further down, one on the, uh, uh, on the Oregon side and 25% of people, uh, at least 25% of people that come into this neighborhood, driving by this

00:34:31,370	house is the first thing they see as they enter our area there. um, uh, that place needs to be kept up. and I don’t know uh who’s gonna take care of that.

00:34:51,470	We, um, uh, have been told the property has had an offer uh representing a corporate entity, and they can’t consummate the deal without securing. Uh, but when I think of it, we are here today because of corporate entity has got an offer on an unsold home after 6 months of the home billing listed that isn’t selling.

00:35:16,100	uh, and, uh, we’re supposed to trust them that they’re not gonna expand to more than grief counseling, uh, uh, maybe, uh, maybe addiction, uh, uh, maybe, uh family counseling, uh, maybe alcohol and drug counseling, uh, you know, who knows what what is there any, is there any restrictions in the rezoning that say they can’t do that kind of thing. I doubt that there is.

00:35:38,630	Um but I would be interested in finding out if there are any restrictions on the new zoning, uh, uh, uh uh uh caveats as they, as, as they come along.

00:35:59,800	um hours are, are, are, are 8 to 5 or something now, uh, you know, people that are working, how do we know whether they’re not gonna open up and have a uh things there uh until 9 o’clock, 10 o’clock at night. Traffic has been brought up Well, there’s a lot of traffic on 19th Avenue these days.

00:36:18,600	Uh, it, it can take, uh, uh, you know, 15 minutes to, to turn left, uh, or even turn right sometimes out of that intersection going on, going on uh uh the 19th. uh, and saying that the that it’s a safe area, you know, there, it’s, it’s down a hill in Arizona and you come around uh uh on Oregon and Turner Hill downhill both ways, and if there’s a bunch of cars there, that street gets icy in the winter

00:36:38,270	time, and as everybody knows, you don’t stop quick on ice. So that would be it would be, it’d be dangerous to uh to uh uh have all those cars sitting around in there, uh, the, the intersection is gonna get busier even yet because there’s some construction going on across the way.

00:37:00,700	Uh just, uh, off of Oregon, just as the street crosses in 19th, they, they built a turnaround in there just north of the church property. and they’ve got a road finished off of uh the other street that comes right down to that part those apartments that are there.

00:37:16,600	And I hear that that it that it is supposed to be some kind of uh uh indigenous, uh, citizens uh building or something that’s going up in there, but there’s the point of all this is there’s gonna be more traffic on this intersection there. And uh I, I don’t think it’s gonna be completely safe.

00:37:36,970	Um the realty issue, uh, I just moved into the area 4 years ago. We, uh, when we got word of this, we called the realtor who sold us the property, uh, and a couple of additional realtors we talked to as well.

00:38:00,100	The realtor that sold us the property, uh, when my wife presented the situation to her, was, uh, uh, a fraction of a second before she said absolutely a bad idea. It will adversely affect uh property relation, uh, property prices that you can receive in the future.

00:38:21,270	uh, not because what’s gonna be there first But I, I, uh, I mean, I, I don’t, the only people I don’t trust is, is uh Seoul 57. I, I don’t know what their intent is, you know, somebody mentioned, uh, why don’t they do it free, uh, someplace else.

00:38:41,730	Uh, there’s a, there’s a, there’s a big church uh, right there, and there’s this teen place that’s right across the the that’s what’s quitty corner from this property that the people are using. They got teen things in there, uh, and why don’t they talk to those guys if they see if they could uh go in there. How are they going to cash flow this property? I mean, you know, they’re, they’re spending 700 and $589,000. plus property taxes every year.

00:39:05,000	How do they get a cash flow that Questions Commissioners, any questions for John? Misser Shell? I just made a statement, John, in some of your remarks, you indicated, um, are the restrictions in, in the zoning as proposed would restrict the uses to be a single family dwelling or a health and medical group, but

00:39:29,170	limited only to youth and young adult group grief therapy and caregiver support services. So they would not be able to add additional services without being in, uh, violation of the zoning ordinance. So if that was the case, they would.

00:39:44,370	presumably come back to to this board to ask for additional services and you, and the similar conversation would take place again in the community. So as it stands today or while that they are asking for it, all that that would be allowed would be group young youth and young adult group grief therapy, and that’s really all that’s

00:39:57,900	allowed at that site under the manages the Soul 57. They, they don’t, uh, uh, add additional uh treatment modalities Uh, if, if I may, chair, I, I guess it would be treated similar to any other zoning infraction, potentially in the community if there’s something happening that uh use that’s

00:40:14,100	not allowed, it would be, uh, something that our community development, or I should say planning and or building inspections departments would evaluate and work with that landowner on rectifying that or going through a process like this to, to make it, uh, allowable if it’s, if that’s the correct procedure to use. All right.

00:40:30,470	So I just wanted to share, I mean, you, you asked questions, so I just want to provide that what, what this is and what this isn’t so it just it is just that and and that is all that would be allowed. All right. Thank you. All right. Thank you Hello. Hello.

00:40:48,630	My name is Serena Peltzer I grew up in Tuttle and I’ve lived here for over a decade. I’m here because I care deeply about what this rezoning would mean for the children in our community. Sorry, I’m getting emotional. I’m a single parent, a mother of 3. I’ve been a foster parent, and I’ve also um, worked with an organization in Ecuador, uh.

00:41:14,170	uh, with um, orphans who have no families to return home to, um. I’ve seen what grief looks like in a child’s eyes. I’ve held children who carry more heartbreak than their small bodies know how to hold or even understand. and I know without question. that the environment around them matters.

00:41:37,730	Um, I know that’s why Soul 57 is asking for this, uh, working in an orphanage. I saw firsthand what institutionalization and has not, not what, that’s not what’s happening at Soul 57. But you see in a, in an orphanage, the frailty of a child’s heart.

00:42:03,330	And at that point, it could kill them or delay them so severely that I saw 2 year olds who had never learned how to roll over or walk or talk. They laid like we joked that they were a, a beached whale. Um, I know it’s the same for grieving children who have lost families.

00:42:23,730	I saw it in my own children when, uh, I divorced a man who was abusive to us. I saw it in the child I took care of and raised for the time I had him as a foster parent, um and the effects of grief and just a small baby Um, you brought up the Ambits.

00:42:49,800	and that is a public building where a vulnerable person would feel very exposed. There’s social events going on at the same place, and I, I understand we’re trying to, to find a, a, a good environment for this organization. Soul 57 is serving young people who are walking through the unimaginable, a death of a parent, sibling, loved one.

00:43:10,000	Many of these children may not have other family members to turn to. They may not have grandparents or aunts or uncles or healthy ones to turn to in their grief. Um some may not have any family at all anymore. Others may have caretakers who are struggling themselves overwhelmed or emotionally unviable.

00:43:34,100	So 57 becomes a safe place where these children can go when they don’t have another. Um they need a place that feels safe and not exposed or vulnerable. They need a place that feels like home. These kids aren’t coming to Soul 57 for noise or crowds. or to disturb neighborhoods.

00:44:01,800	They’re coming for gentleness, for someone to sit with them for a warm, familiar environment, a warm meal to share with. what would maybe feel like a family setting in a family home. that they don’t have anymore I understand that some neighbors have concerns, and I truly respect that. I’ve been a homeowner myself. Um, but this particular home sits on a major road. It’s surrounded by apartments, a church, and group homes already woven into the neighborhood.

00:44:26,370	This isn’t a drastic shift. It would, it would, it’s a continuation of what the area already supports. The presence of soul 57 in this home when it disturbed the neighborhood. It would quietly serve the children who need it most.

00:44:43,470	We brought up the issue of parking um, Soul 57 said they’ve only ever used 4 parking spots. I, I don’t think that’s an issue moving forward, considering that this, this home would provide I think you said 15 um this program isn’t about the number of parking spots. It’s about creating the right environment for children who carry deep trauma.

00:45:04,870	What they need is a home-like space with a living room, a kitchen table, a backyard, and rooms where they can breathe, cry, talk, and heal without filling exposed on display. Uh, Ambits is a wonderful asset to our community, but it’s not designed for therapeutic grief support for kids.

00:45:25,170	The home environment is this house is, um, uh, before I close, I want to ask you guys, uh, to reflect, if you were in this position, a young person who had lost a parent. maybe your entire family, where would you feel able to grieve and heal if you had nobody else to turn to. especially if you had nobody else to turn to.

00:45:44,900	Would you feel safer in a busy public hall? you know office building or in a home where you could sit on a couch. be comforted and feel human again. And if a home environment is best, if not this home, then where else could these children possibly go, if not there.

00:46:26,530	Missers, any questions for Serena? Thank you Good evening Uh, my name is Mitch Barda. I’m a resident, a 30-year resident of the neighborhood. I live on Nevada Street Uh, my house is roughly, uh, 350 ft 4 to 5 houses from the location. Um we built our first house.

00:46:53,370	Uh, the area was zoned in 1992 we built our first house in ’94 up there, uh, 10 years later moved across the street. Um, uh, very nice neighborhood. Um, I struggled with what brings us here today, um I don’t think anyone that opposes uh, this zoning change has anything that opposes what so 57 does.

00:47:13,730	I think it’s a great program, um, I’m connected to the constant world. My daughter works in the state of Montana, uh, works with, uh, children ages 6 to 24, and I understand exactly what the program involves and what it does and how it benefits our community. What I do struggle with is how this location was considered.

00:47:34,870	um you know I, uh, knowing a few of you on the board here, I know you, you go out and look at locations. Um, this isn’t a misty waters issue. Um, this isn’t an ETA issue. Uh, this is a very comfortable R5 zoned family residential area that we’re talking about today.

00:47:55,630	And I look across, uh, the Bismarck area. Um, I look in the corner of, uh, Avenue C and 9th Street, um, across from the eye clinic, uh, Bismarck High School is right there. Uh, lovely looking, good size, uh, facility there that has adequate parking that could be used that is very close to a similar zoning area.

00:48:18,100	Um, I look on, you know, North 3rd Street, north of the post office. I see, you know, businesses are changing through that area. Um, what a perfect place to put uh. nice little counseling center like we’re talking about today in that area also. And I think there’s other areas across town.

00:48:36,270	uh right here on 4th Street, um up from the women’s, uh abused adult Resource Center. A couple buildings up there that that I think would fit this area properly also. um, getting to talk about some safety issues. Getting to this area. um off of or getting to the area pillow Creek area.

00:49:02,000	I call Pebble Creek Edition One. I think it’s what it’s called, um. you are on Century Avenue in, in 19th Street. to be able to jump up in here. I call those two streets the 4 or 2 of the 4 NASCAR streets in the Bismarck area, which is a different subject that we all take up someplace else.

00:49:23,800	Um I look at Arizona Street. There are 60 residents on Arizona Street. That can involves a couple of twin homes, um, involves, um, a couple of, uh, multi-purpose areas and then there’s a lot of folks that travel from one end of Arizona that come by this piece of property and move on to 19th Street.

00:49:47,730	I look at, uh, individuals coming from, uh, we have a gas station on the corner. Uh, I forgot what it’s called, um A nutrition, uh, little sports drink shop.

00:50:08,070	Um, a lot of folks come through that area, do their business there as patrons, and then moved down to Oregon right by this property also to catch 19th and head up north, OK? Traffic on, on North 19th. going north and south, um, just pulling out tonight, um, you know, 10 minutes to 5, 5455.

00:50:32,600	I counted 62 cars that went by me before I could turn off of Oregon ready for the property and take a left-hand turn to head down here. So traffic is, is very thick up in that area. Plus, uh, you look at Nevada Street. I don’t know how many houses on Nevada Street, um, the traffic that we take coming to that area and going off.

00:50:51,870	Uh, and just the traffic flow through that area, um, as you can see sometimes centuries backed up and you’ll get traffic moving up through Arizona, through Utah, through Iowa, turning off century to get up to North 19th and skip that, that, uh, intersectional lights there on Sentry and uh 19th Street.

00:51:20,100	Um we talk about parking, uh, in the church across the street, um, you know, that’s doable, um, I, I can’t see individuals moving from that part of the area, 19th Street moving across that busy street. at, you know, dark times. of the evening, 5:30 to 7:30, what have you. A lot of traffic.

00:51:50,530	I think if that’s approved or if this issue is approved, uh, we’d have to look at some type of uh pedestrian crosswalk with the flashing lights. going both ways to move people from that overflow parking area as we call it, to the property itself. um Hibo Creek Edition has been a residential area um forever I have to say an excellent residential area.

00:52:20,970	and why the change now I don’t understand that. I’m really here for the past. the present and the future of those residents On my block in Arizona in the last couple of years, Jason, how long you’ve been there? A couple of years? 3 or 5 years has been OK.

00:52:42,970	Uh, even after Jason, the last 23 years, um, we’ve had 5 young families moved into that area. I want them to experience a neighborhood that I’ve experienced in the last 30 years. OK, a well-run neighborhood. People are great People are a lot of, uh, fun to be around and nothing like that should change as we move on.

00:53:10,600	I probably won’t be there, you know, maybe the next 4 or 5 years I’ll be moving on. and assisted living or something else. I don’t know what it’s gonna be, but, but, um, I really I, I really want this for those new folks that have moved in our community up there.

00:53:28,330	I want them to be the leaders of that area and we’ve got a lot of good families that are just starting out, um, and I don’t think they would really agree with us either. What we’re doing here talking about tonight. In closing, um some of you on the board here might, uh, live out of town.

00:53:48,530	um, some of you might live in town but I, I ask you to take a moment and just walk out your front door. in your mind, think about this and take a look and look at 4 or 5 houses away. and ask yourself, is this something that I would want where I’m at.

00:54:07,170	I would probably say no OK. I don’t like it I don’t want this to happen in our area. I don’t want this to be across from friends of ours. and residents and neighbors of ours I’ve got neighbors that know the parties real well too.

00:54:32,700	Um, this will not change our relationship as we move on with them. They know where I stand on the on the subject. and I know where they stand Um I want the best for our new residents up there. to have an area that I’ve had in the past 30 years. and into the future Any questions for me at all? Commissioner’s questions for Mitch.

00:54:57,430	Oh, thank you. All right, thank you for your time. Bye. Uh, my name is Iggy and I’m a resident of Bismarck. I’ve lived in the neighborhood just north of the home that’s up Arizona. I’m here today to show my support for the rezoning of 1901 Oregon Drive, so it can become.

00:55:30,070	the meeting place for a youth grief support nonprofit. I’ve known the homeowner for over 5 years. I first met them through a foster child who lived in their home. and since then I’ve visited many times their home has always been a safe, warm. and welcoming place for me.

00:55:51,900	It’s one of the few places where I felt comfortable opening up about my feelings that I usually hold inside. I’ve worked through so many difficult times. and I’ve always received guidance on understanding and support. I’ve also brought many friends to this place. Every one of them felt welcome, listened to and cared for. because of my own experience, I believe this nonprofit will make.

00:56:14,270	a meaningful difference for youth in our city. Many kids and teens struggle silently with. with their emotions and don’t know where to turn a supportive environment at 1901 Oregon Drive will give them a place to be her to talk and to heal. for these reasons, I respectfully ask that you approve this rezoning. I fully support this project.

00:56:38,900	and I believe it would bring real lasting benefits to young people in Bismarck. Thank you for your time. I understand it. Uh, commissioner, any questions? Thank you. Hello, good evening Thank you for giving me the opportunity to speak.

00:57:24,870	My name is Modulain Kartel, and I believe turning this home into a youth support, uh, center is truly uh meaningful idea. For the past few years, I have spent a lot of time here and it and it has always been a place where uh where young people feel comfortable walking inside and down and sharing, uh, what they’re going through.

00:57:47,800	It’s warm it’s warm, it’s safe, and it has always been a, uh, a refuge for teen who. who has I mean who just need somewhere to land. uh, when my, when my father passed away a few years ago. I didn’t have anywhere, uh, to go to open up. but this um I just uh I found comfort.

00:58:15,500	I sat down and talked on honestly about about what I was going through and actually Bill heard it. That experience has stayed with me. uh sorry, OK, uh, does, that’s why I support this rezoning.

00:58:45,370	This house this also has, has a history of helping young people through difficult moments, turning turning it into a youth support center would simply continue the legacy keeping uh as a place where grieving youth can be supported, understood and cared for. This home has always been a refuge, and I believe it I believe it would, uh, it should remain the for young people. who need it the most questions, Commissioners, any questions? Thank you.

00:59:29,100	Thank you Podium is open Good evening. My name is Jerry Opree, and my wife Nancy and I live at 3149 Arizona Drive. and we’ve lived there since 1998.

00:59:46,800	So a lot of the comments as a homeowner that’s been already made, I would like to make, um, but I don’t want to be redundant, so I’m going to just buttress a few of those points, but first of all, it’s not the responsibility of the neighborhood nor the city of Bismarck to sell this home listed as a single family residence.

01:00:03,330	If the sellers want to sell the home for its listed price, then upgraded selling features need to be made to make it more competitive and attractive on the market. either that or reduce the price to consummate the sale. Changing the the zoning status of this single family residence, really only benefits the sellers and the listing agent.

01:00:26,870	and I believe more than more likely than not, it reduces the appeal of the neighboring residents. and I empathize with Jason, who lives right next to it that, um, he’s really concerned what’s going to happen to the price of his home, and we put our, our most of our life into paying off mortgage mortgages of a home, which is our biggest item

01:00:46,070	that we buy in life, and that’s a big source of anxiety to have this come up as a potential possibility. Thisar and Mandan are large enough cities that there are other properties available for grief counseling centers to occur. My neighbor Mitch Barda just mentioned several properties that are available for this.

01:01:11,730	It does not need to be in this area, which we have gone over this evening regarding the issues of parking, uh, traffic, and, uh, all of the other areas that were discussed. You know, no one has any uh anything against Soul 57 in our neighborhood. It’s a, it’s a tremendous organization.

01:01:32,170	We, we all support it, um, but it’s it need not be in the area where they’re requesting, and it is really an important part of our neighborhood, which has been long standing as a single family residence area that it continued to be so.

01:01:51,730	So with that, instead of going over other points that already have been made, I’ll just see if you have any questions for me. Commissioner’s questions for Jerry. Thank you Hi, I’m Kileen Ketlinger. Um, I live on Oregon Drive.

01:02:35,600	Um, I just kind of wanted to, um, come up and talk a little bit about um we moved on to Oregon Drive just a couple of years ago and why we picked that area, um. I was one of those people that it took me 2 years to find a house. and um honestly, I wouldn’t have picked that area if that house on the corner, um, was operated as a business because I that’s not the type of area I wanted.

01:03:00,530	I wanted to live by, um, another thing that I have a concern about is, you know, my child rides the bus in that corner is where he gets picked up at. Well, what if there’s all the parking is down there.

01:03:18,330	you know um, the bus stop gets changed all the time. One time it’s that corner, the next time, you know. Last year, that’s where he got picked up. The next year it can be a different corner I mean, we have to think about that. The bus changes all the time there stops.

01:03:36,370	And it’s, it’s known as a residential, and they can change that all the time and not to have a business there. and so, um, I think we have to remember that and that this is a residential area and we need to keep it a residential area, so thank you. Commissioner, is any questions? Oh, sorry. Thank you. Thanks Good evening.

01:04:11,170	My name is Kelsey Zatnick, and I’m here tonight as both the local real estate agent professional working for the common good of Soul 57, and also the executive director of Tracy’s Sanctuary House, where a local nonprofit Hospitality House that has served families experiencing medical crises for the past 20 years.

01:04:32,000	Tracy’s sanctuary house operates within a residential neighborhood and throughout our two decades there, we have firsthand, um, we have seen firsthand that supportive mission-driven services can integrate successfully into residential areas. Our operations have remained respectful, low impact, and considerate of families who live around us.

01:04:53,900	Because of this, we’ve been able to serve thousands of people while maintaining positive relationships within our neighbors and preserving the character of the area. In my role as a realtor, I’ve also observed activity around Tracy’s Sanctuary house, this neighborhood over the past year.

01:05:10,800	There’s been 3 homes on our block that have sold within the last 12 to 15 months, and all of them selling below the average day on market for Bismarck Commandan While not offering um statistical conclusions on this. I can say that from experience, that having a supportive service in a residential setting has not prevented homes from selling quickly on our block. Based on my experience with supportive residential services in my work in real estate. I believe that Soul 57 offers a much needed resource for our community.

01:05:31,170	Providing a homelike environment for grieving children is central to their mission and this location helps them make that possible. Additionally, the property we are discussing is you uniquely positioned at the entrance of 19th Street in Oregon.

01:05:48,270	When we were searching for our property, we did take in consideration all of the downtown districts and areas and we did work with the city of Bismarck doing that. Um, their mission is they want to have it in a homelike based service center and within their budget, that is not available in a lot of these commercial places that you’ve discussed or we’ve discussed tonight.

01:06:05,870	There’s also a lot of homes in these areas that are zoned in the area that they could, they could operate out of, but a lot of them have a lot of maintenance. A lot of them are in that 100 year category of homes around that central Bismarck area.

01:06:24,170	Um, in this area, there’s also multiple apartments, commercial spaces, churches, daycares, facilities, in-home daycares adjacent to it. Making this as a natural and appropriate fit for the neighborhood in context. I share this because I believe in the project being proposed today reflects a similar spirit of service like Tracy’s sanctuary house.

01:06:41,730	Soul 57 aims to provide essential support to children and families navigating grief in the need to exist deeply within our community. The intention behind this project is rooted in healing, compassion, and creating a space for kids who experience profound loss.

01:06:59,900	I respectfully request that you approve the rezoning request for Soul 57, so they continue to move forward in their mission to help children and families during some of the life most difficult moments. Thank you for your time and consideration. Commissioner, is there any questions for Kelsey? or Field You know, back to the original problem. This development was built years ago, and when these people bought their homes, they knew what the zoning was and there’s developments going up all over Bismarck.

01:07:24,370	that you could get a lot rezoned before it’s even built. So then the people buying a house there no. that this is going to be there, but we’ve turned down uh whole developments because they wanted to keep a spot for an apartment building.

01:07:45,270	Just because of commercial and residential And that’s where I think a lot of people have a problem as you I mean, what you guys are trying to do is great. I don’t think anybody, does anybody here not think they should find a place? So no, none of us are, you know, we don’t drown kittens for fun.

01:08:04,600	So the, that’s, you know, you can tug at our heartstrings, but we have to think of the assets of these people. And if they all think they’re going to lose money. this is right back to the chicken argument where if you say you can have chickens, you’re the hero to 3 people, you say no, everybody else cheers I really don’t know where the road out of this is.

01:08:25,630	You know, but I would think if you went to a development and had it pre-zoned before the first house is built. No one’s going to complain because they know what’s there when they buy the lot.

01:08:47,600	I think it’s the financial feasibility of the homes in the areas where she would like to have a homey environment is where there’s a um contradiction though a lot of these commercial areas are a million dollars plus, and she is a nonprofit Soul 57 is a nonprofit and so that is where they’re looking for what she needs in the area that we or what they want in the area that we’re that we’re allowed to

01:09:07,000	look at is, is difficult because of the price point and then the homes that are in that area are are very, uh, old and have to be kept up and so there’s also maintenance concern for longevity. Any additional questions, Commissioner then Um I’ve never heard of this Soul 57 before.

01:09:28,730	Where are they meeting right now? They currently have a commercial space on Washington Street. and that’s not usable It is, they’ve grown out of that space and they would like a permanent their leasing currently. Any additional questions? OK. Thank you I’m Kirk Blackwood. I am one of the owners with my wife Annie at 1901 Oregon.

01:10:04,970	And yeah, we all know it’s a, it seems like a great thing, so I’m not gonna read some of the heart string stuff. I just wanna go on what, what’s going on so. parking won’t be an issue.

01:10:21,530	We know that based on their history, based on, um you know, and they’ve basically it’s very little footprint compared to, I would say if you didn’t know it was a business, it would look like any other home. It’s not gonna be like, oh, there’s a sign out and it’s, it’s a business but um it’s one house getting rezoned, not like a whole.

01:10:38,870	thing, right? So there’s an apartment building across the street from us. Every person that’s come to look at our house to buy. It hasn’t wanted it because there’s an apartment complex across the street from us in 19th Street’s busy, and basically it’s such a perfect fit to have um a homelike atmosphere, someone that could use the this this house.

01:10:58,600	I do want to read this, um they’ve looked at properties, nothing fits the needs of their clients, even close to what this property will offer them. This property has been used to raise our children, um people have men mentioned my wife mentioned foster children, but it’s perfect for kids.

01:11:20,800	There’s a lot of space, a basketball court, a hot tub, multiple family rooms, and from what I hear a future garden as well, um. it’s just such a unique house and. it’s one law and it’s across from an apart apartment complex, so it’s unique situation.

01:11:39,800	It’s not like, you know, we’re changing this city or we’re, you know, changing the, um, and as far as like values go, you know, it’s it’s selling for close to $600,000. That’s gonna be good for the, the houses around the area if they want to sell their house in the future, so um uh that’s any question Commissioners, any questions? Thank you.

01:12:10,500	Thank you Hi guys, again, I just wanna, uh, address something, you know, they talked about it’s not within their budget or anything like that, uh, I’m pretty sure everybody here is probably in the same boat I am.

01:12:26,530	When I wanted something and I couldn’t afford it, what’d I do? I saved I saved, and I saved some more until I could go out and buy what I wanted. I’ve done it with 3 different houses in my lifetime. I’ve done it with multiple vehicles in my lifetime. I’ve done it with other purchases in my lifetime.

01:12:46,370	These folks, if they want something, they can go like that gentleman said, go to an area that’s that’s being built up, have that rezone so people that get in there know what they’re wanting because I’m telling you guys again. if that place would have been. what they’re wanting to turning it into, I would have not bought in that neighborhood at all, and I spent almost a half a million dollars, guys. That’s a lot of money.

01:13:03,270	So I guess my question is, if this does go through, which one of you guys want to buy my house? That’s all. Thank you. Good evening. Mayor Schmitz and commissioners, thanks for considering this, uh, rezoning request here on 1901 Oregon Drive.

01:13:32,900	It’s been a long night for everybody, and I wanted to stand up and just say that, uh, you know, I’m a real estate professional. I’ve been doing this for 15 years. Um, we did show Soul 57, a lot of properties. properties in commercial districts.

01:13:55,100	It is it is true, it is a budgetary issue and why we are initially navigating toward this property was a budgetary issue, OK? But when we looked at it and we realized that what we need is a, is an RT or conditional RT zoning. We look across the street, we see the apartments, we look down southwest. We see the churches and the commercial districts.

01:14:18,600	We see a house sitting on the corner between again, apartments and commercial leading into residential is defined as RT So in my professional experience, it’s the perfect opportunity for an RT property. We met with the city. Thank you, um, city staff for being so fantastic at executing process.

01:14:39,470	Can’t say enough good about everything that you’ve done here, both for Soul 57 and for the public to put this process together So, having said that I think reality is that this is a perfect location. for a non overnight social working operation, an RT zoning. The property that Kirk and Annie Blackwood are trying to sell, is already suffering in value. because of its RT-like status. We have busy 19th Street.

01:15:09,800	We have apartments with crimes We have registered sex offenders living just south a block in other rentals, which by the way is the biggest downfall to residential property values. It’s having having that, OK? So we already have these things. A lot of neighborhoods have these things.

01:15:28,630	We have an expansion of commercial going on just up Oregon as somebody else in the crowd just mentioned, I don’t know what all that is, but there’s a lot of things going on here that are going to affect people’s property values, and that’s, that’s sad. We don’t want to make it worse. So 57 isn’t here to hurt anybody. We don’t want to make it worse.

01:15:44,100	But as a professional, I thought we saw an opportunity that might work. Clearly the public has voiced their concern s Um, I, I also say that uh Kirk and any Blackwood’s property. has been on the market for 198 days. And this is a beautiful property. It doesn’t need any updates. It doesn’t need any maintenance.

01:16:04,370	We inspected the house. It’s, it’s a great property. I sell a lot of real estate. This thing should have been sold a long time ago, and it should have sold for $160 to $180 per square foot. I mean, that’s the reasonable value for a beautiful ranch style home like this.

01:16:20,870	It’s suffering because of Oregon Drive, because of the apartments, because of the commercial in the area. $140 a foot, I think, is what I think is what we’re buying the property for after 198 days. So, you know, the house was built in 2006.

01:16:39,630	Well, so what hunt? maybe all properties built in 2006 are on the market for 198 days. Well, no, they’re not, according to the MLS this morning, I just did a search. I found 12 great comps. I have my son Lucas with me. He’s my co-agent, and we were, we were blown away. Houses built between 2000 and 2008.

01:16:57,730	ranch style houses in the last 12 months, there was 12 or 13 sold. Average days on market 7.7 days. Even I was surprised, and that was at like $180 a foot. And again, there’s nothing wrong with this house. It’s just sitting in an RT district. So that’s, that’s the way I see this.

01:17:18,100	Um, uh, there’s been, you know, comments about whether these people can afford to maintain this property. Um So can I share how we’re purchasing the property, Jenny? Sold 57 received a short-term gift. to allow them from family to allow them to purchase the property. So we were in certain restraints as far as price point.

01:17:36,800	And if we don’t use it, make this dream happen for Jenny right now. It’s, it might not, it’s not gonna happen. So that’s, that’s how the money came. It was a great gift. It’s fantastic.

01:17:55,070	Um, those people I’ve spoken to them about offering additional funding to help maintain the property they’re all in, and, and it’s family of Jennie’s, it’s not people that are going to desert her. So we’re not really worried about that. Otherwise you know, it’s not an overnight recovery center to degradate property values. It will bring in more traffic. I, I do recognize that.

01:18:16,170	and um you know, the, the, the parking, the deal with Evangel Temple, um, helped orchestrate that great people on the board of Evangel Temple was great to us, and they’re more than willing to extend that to, I don’t know how many years, 100 years if we need to on that lease for the parking. So that should be just fine. So yeah, I guess in the end, you know, uh.

01:18:34,800	I just hope you guys will decide to support the the zoning change, and you’ve heard from the public, you’ve got great input tonight and, uh, all the best to your decision and thank you for all you do. You, uh, commissioners, any questions? Commissioner Field.

01:18:56,970	You know, as, as far as, you know, you say there’s budgetary limits, and it’s surprising how many entities around Bismarck don’t realize that every outfit that has electronic gaming has to give money to charity. It’s mandatory. The Attorney General makes him do it So as far as her needing maintenance money, she could talk to the elk.

01:19:19,870	She could talk to the moose, she could talk to the eagles, she could talk to the Ambets. All of them have a fund. I mean, at the Ambits, we give money to the Boy Scouts, Girl Scouts. Yeah. I mean, it goes on and on, so really there is funding mechanisms that aren’t tied to a personal pocket You know, just like this Friday at the Ambets.

01:19:38,900	everybody can go there and have a turkey dinner for free. It’s open to the public. So, I mean, there are ways that, you know if she needed to raise more money for a specific property, she could. By going to these organizations. Well, thank you, commissioner Thank you. I appreciate that.

01:19:58,900	I’m certain that she could, but this is where we’re at right now, and we’re just trying to make it happen. So thank you so much. Any other questions Mr. Mel? Could you just announce your name for the public and sign. I didn’t. I don’t think you did. Oh, Hunt, Busted, Trademark Realty. Thank you. Sorry, Gabe.

01:20:19,430	Thank you. OK, thanks. Good evening Dear commissioners. I’m speaking in my capacity as the program director for Soul 57. We are seeking a rezoning approval which would allow us to operate a small community-based grief support organization in a house currently zoned as a residential.

01:20:52,330	I want to directly address the concerns raised by some neighbors who fear our presence will introduce negativity or create disruptions in the neighborhood and diminished property values. These concerns, while understandable, stem from a misunderstanding of who we serve and how we operate. First, the children and families who come to us are not delinquent, troubled, or problematic.

01:21:13,370	Their children experiencing one of the most universal human experiences, loss. Every one of us, including each member of this commission will one day face grief personally or within your families. The services we offer may 1 day be highly relevant to you, your neighbors, your co-workers, or your own children.

01:21:33,170	Grief does not discriminate, and our services simply provide these families with a place to feel less alone in an already isolating time. Second, the nature of our programming is calm, structured, and intentionally small scale sessions typically involve therapeutic play, art activities, conversation circles, and evidence-based emotional support activities led by a licensed mental health professional. We do not host large gatherings, loud events, or drop-in services.

01:22:01,000	Peer grief support organizations tend to make neighborhoods quieter and more stable, not less, because families leave feeling supported, grounded, and connected. Our operational details support studies and long-term observations that consistently show well-managed nonprofit services of this nature do not introduce negative environmental or aesthetic impacts and do not diminish property values.

01:22:28,700	Many communities actually benefit from the increased sense of care and stability such organizations bring 3 Research cons consistently shows community grief support reduces long-term social strain. When children do not have access to grief resources, they face significantly higher risks for academic decline, behavioral challenges, depression, and isolation. When they do receive support, they are more resilient, more engaged.

01:22:55,530	um, more resilient, more engaged, and better to form healthy relationships. In other words, providing griefs, services, benefits, not only the individual families but the well-being of the entire community, including the very neighbors who have expressed apprehension. 1901 Oregon Avenue offers something difficult to replicate elsewhere. A warm, spacious, residential, non-clinical environment where youth can feel safe, where families do not feel stigmatized for seeking help.

01:23:21,530	Commercial properties cannot offer the same sense of belonging or comfort. This house is not meant to be a treatment facility, rather it is meant to be a home-like healing space, one that blends into the neighborhood and strengthens it.

01:23:40,370	As you consider the compassionate impact this small zoning change will make, please know Soul 57 deeply respects the concerns of residents and are committed to being responsible neighbors and community members. This is not simply a zoning decision, rather it is an investment in the emotional health and future of our families, and it is an immediate opportunity to ensure grieving youth in our community have a place where they can

01:23:57,870	connect, communicate, and navigate through their grief journey with peers. Grief is not a fringe issue. It touches every culture, every neighborhood, and every family. Allowing this rezoning is an opportunity for our city to affirm that no child should have to navigate.

01:24:16,600	Before I move on, I’d like to address just a couple other things. Um, some of the things that mentioned why do does Soul 57 need the space that um is in this home. The space is very large. We need space because we, um, we do healthy activities.

01:24:33,800	We want youth to be introduced to healthy activities rather than sex, drugs, alcohol, gambling, things that are unhealthy and will lead to a negative trajectory for their lives. We introduced them to um cooking and doing yoga and art and things like that that are healthy opportunities for them, so we need space to be able to do those things.

01:24:51,270	We need storage to be able to provi to store our activities and materials for that. Um, I need an office so that when I am planning activities, um, I’m not just doing things like that in my car, where a lot of my current materials sit as I pack bags from here to there.

01:25:08,970	Um, our current space, we have outgrown, um, we would welcome you to our current office to see our setup, and welcome you any day. Um, my office is stacked high, but we, we make it work, but um, it’s, it’s barely working. Um, location, we researched, um, as previously mentioned, we did research, but, but due to cost was sometimes a problem, um, size was also sometimes an issue.

01:25:30,000	It wasn’t sized appropriately, whether it be offices or it didn’t have a large enough space for yoga or, um, the location in town wasn’t appropriate, um, because we do want to be somewhat centralized, so being on 19th is somewhat good for us because it is one of those busier streets, while some people say it might be

01:25:47,000	problematic. It can be helpful for us. um, because we don’t want to be out in one of these residential areas that is really way out far, um, making it difficult for, um, our, um, clients to be able to come to, um, transportation is often a barrier for families, and so we

01:26:05,370	wanna, um, ease that burden Um, also, the noise at some of the commercial properties that we looked at, and that was sometimes um an issue as far as if we’re doing grief services, um, peer grief Services, and we hear bang bang bang and drums and guitars and things like that.

01:26:23,730	That’s also not going to be very calming for youth. Um, some places didn’t have parking, and so we did consider all of these options. It’s not, we were not, um, negligent, um, as we were researching.

01:26:41,170	Churches was also brought up here in, um, this evening, and churches, um, well, that’s really a great option and some folks utilize that for grief services. Many folks don’t like that, um, just because maybe they’re angry um due to the religious affiliation, um, that they’re experiencing during grief. Some don’t mind, others do. And so as Soul 57, we’re not, we are a secular organization, so we want to maintain again that just healthy home, um, safe atmosphere.

01:27:02,000	If you did not know that Soul 57 was in your neighborhood If we did not come to this table and to this podium, into this space, into the zoning committee and to this commission, you would not know we were in your neighborhood. We would look similarly to, um, to my family. My family of 4.

01:27:21,900	I have 4 kids and a husband, and we come home and sometimes there’s friends over and people, you know, the kids, and they come home and the neighbor’s kids come over and there’s snacks and people, and there might be a few extra cars in the driveway here and there, and people come and go because

01:27:36,230	there’s multiple kid activities and kids in sports. And so crossing 19th that’s like going to hockey practice 4 times, you know, taking each kid to hockey practice and going back and forth. Those are things normal families do. It’s just that this these families happen to be going to a grief peer support group.

01:27:54,900	Um, this home will look just like any other home, and we will make sure that we maintain the space because not only do we take pride in our organization, we take pride in a space on the inside and the outside.

01:28:10,000	It’s not a matter of just decorating and making it feel good with pretty pictures on the wall. It’s about just making the space, um, both, um, emotionally comfortable as well. Um, I welcome any questions get your name first, Cristina Dirk. Cristina. Cristina with a K. OK.

01:28:38,630	Any questions, commissioners? Commissioner Field So how many activities per year are you guys projecting? So, we currently have groups on Thursday nights, um, so it, it on Thursday nights we alternate one evening, it’s um our K through 5 group, um, the next Thursday at 6 through 12. And so currently the group is set up for, um, they come in from 5:30. um, and then, um, they’re from there from 5:30 to 7. : 30 Did I get that right? Yes. 5:37, excuse me.

01:29:03,100	And so very minimal time and then afterwards, um the licensed professionals, we have a debrief time to make sure that we’re appropriately serving these youth. Again, it’s grieving children. It’s, it’s not, um, addiction services. It’s not. it’s not, um, working on other mental health.

01:29:26,730	um, you know, we’re not going into the deep depths of, uh, of individual mental health um, counseling we do have, um, workshops sometimes once a month where we have utilized the community where we’ve gone to like a place that has a basketball court or um utilized arts for all, uh, Sergiano was up here earlier, and we rather than going to another space, we

01:29:50,330	would be able to have our own space, um, and utilize that. That also helps us to be cost effective and friendly. Did you read the, uh, proposed restrictions Um, I have read them, and, um, and I think, um, unless something has changed, I think that everything was appropriate

01:30:11,470	and we were be happy to abide by anything. Well, that’s what I was asking because it says visitors visits from clients or patients are limited to no more than 12 individuals at any time.

01:30:29,170	Um-hum Then it goes on to say, notwithstanding multiple clients or patients may be present on the property during not more than 4 events per year. with each event not exceeding 4 days. I think. That doesn’t spell out to doing every week. The, these are, I, I think there might be a discrepancy in what we identify as an event versus um what what is considered regular services.

01:30:53,730	These are services. This isn’t a an event as in a party, a gathering, a let’s invite the whole town or half the town or anything of that nature. This is regular services that we provide. Or or Daniel care to provide anything additional. residential hits the blind side. Yeah. I, I thank you, Vice Chair commissioner.

01:31:18,800	So that language in there, uh, not the 12 individuals, but the notwithstanding multiple clients or patients may be present. That mirrors exactly what we have in our home occupation ordinance.

01:31:41,270	Um, it, what it means is that if there is, for say a larger event related to that specific use that would go beyond um those 12 individuals at a time that would provide that opportunity there to host that. um, and there is that limitation on the days, the, the types of days not to occur consecutively. Um, the 12 individuals was placed in there. It’s slightly different than what we have in our home occupation ordinance. Believe that is for individuals.

01:32:01,530	The 12 individuals was based on the identified number of patients or clients that would be coming on those group nights, specifically. That’s why that 12 individual number was placed in there through discussions with the applicant.

01:32:23,500	So isn’t every meeting though, an event? Based on how this is written in the intent, um, both with this ordinance and the home occupation ordinance, that would not be, uh, what that would mean. I would respectfully just say that I think, you know, if we call that an event, that would be inviting your friends over every, you know, inviting your your friends over to have supper. That could be considered an event, um.

01:32:50,100	and that’s it Any additional questions, Commissioner Schell? And, and it’s maybe a follow up for Lauren and the, the number of individuals at any time when it says 12, but it’s in the section of, of the visitors and clients.

01:33:04,070	So is that the total number of people that can be there or is that just the number of clients that can be there and there could be a number of, of staff members in, in addition to the client expectation. Great question, Commissioner Schultz, uh, vice chair and commissioners. So, um, it would just be 12 clients or patients, so you could have a couple additional staff, um, to help support that service.

01:33:23,800	OK, thank you Any additional commissioners that, uh, Christine, is anybody going to be living in this house? or? Absolutely not. You’re not moving your family into it. No. OK. It’s a beautiful house, uh, but absolutely not. Commissioners, any other questions? Thank you.

01:33:47,730	If, if I could just follow up with that um with the, the last thing I, Lauren, I can’t see that far. My eyes don’t work. Um, just to say that with the 12, we actually don’t want it to be really bigger than 12 either, because we want to ensure that our groups that these peer groups are small.

01:34:05,500	Um, it just means maintains that cohesiveness, um, and communication and peers, that safety, comfort, and support. So we, we don’t want to have groups that are larger than 12. So again, to just, um, to reiterate the, the smallness of of this group. Thank you so much, Commissioner Schell might have one more for you.

01:34:23,730	Maybe, maybe one more follow up just so I can better understand that 12, is that usually like 12 clients that are dropped off. to be there, or is it, you know, 6 clients and 6.

01:34:40,730	parents that are there and that is the the the component of the 12, but maybe just elaborate on what you’re, how you’re 12 usually works. The majority of the time what we’ve seen is it is caregivers dropping off the youth, um, and then they, they come in and they meet with me and I’m working with me or another licensed professional is meeting with the youth at the very end, the caregiver might come in and just and meet

01:34:57,170	with, um, Jenny or one of us licensed professionals just to like do kind of a deep 5 minute deep brief to say like, is there anything I should be aware of, something like that. Um, but not for it’s not everybody is in their all at the same point in time. Thank you. Thank you. Thank you.

01:35:14,800	Podium is open for anyone else carrying to uh address this item. My name is Rita Lansberger, and I live at 3156 Arizona Drive since 1987.

01:35:47,330	and as we hear more and more and more about the organization, who’s going to be there, who’s not gonna be there, and all of that I think it takes away from the issue of the fact that I moved into this area as a residential area. It was zoned as a residential area. The fact that a certain residence is having a struggle selling their residences to me does not give the proper, um, impetus from changing the zoning.

01:36:10,900	I mean, I, that that residence was bought knowing its location, knowing what was across the street, knowing everything else about where they were moving into.

01:36:31,800	I’m not happy that they’re struggling to sell their unit, however, I don’t believe changing the zoning is the proper way to get that done and I believe that if, if the organization that wants that house has the money that it has, they could build the house to fit their needs. That would be exactly appropriate for what they want in an area where it is properly zoned. So I’m adamantly opposed to changing the zoning in this area.

01:36:49,870	Thank you, Commissioner, any questions? Thank you. Thank you Hello, uh, my name is Laura Stefan. I’m actually here to read a letter, um, on behalf of an, a member of the community, and I apologize that it is, um, redundant to a lot of things we’ve heard today, but I thought it was important to read because it is

01:37:24,530	a homeowner within this community, and I don’t think, um, we’ve heard a lot from, you know, that side, so OK, so I am reading this on behalf of Brenda and Lynn Wall, who are unable to attend tonight due to travel plans made earlier this year.

01:37:44,330	and they reside on Nevada Street less than one block from 1901 Oregon Drive. so we are ready to share our strong and heartfelt support for the proposed rezoning of 1901 Oregon Drive. This home belongs to dear friends of ours, people whose hearts are dedicated to helping families through one of life’s most difficult experiences, grief.

01:38:04,630	We have seen their deep commitment to helping families heal after loss, grieving children and parents are often grieving children and parents often need a setting that feels warm, safe, and familiar, a place where they can share, process, and begin to rebuild. A home environment provides that sense of comfort and connection far more effectively than a commercial or clinical space ever could.

01:38:22,100	As parents and neighbors, we know how important it is for children to feel safe and understood when they’re hurting. When a child loses someone they love, the world can suddenly feel unfamiliar and heavy, a home environment, somewhere warm, comforting, and welcoming can make all the difference, and that’s where healing begins.

01:38:41,870	This rezoning isn’t about bringing up business into the neighborhood. It’s about keeping compassion in our community. It’s about using a home that already irradiates love, care, and safety to provide a space for families who desperately need that sense of belonging again. We’ve seen firsthand how much it matters when people are given a space to grieve, connect, and rebuild.

01:38:58,900	By approving this rezoning, you’re not just allowing meetings to happen. You’re allowing healing to happen. This proposed use aligns with values of community, compassion and care that define Bismarck. It would bring in an important resource to families navigating loss while maintaining the quiet, respectful character of the neighborhood. Approving this rezoning is not simply a procedural matter.

01:39:19,870	It’s an opportunity to allow meaningful healing to take place in a setting that truly feels like home. We respectfully ask you to approve this request and to support what we truly believe is a beautiful and meaningful use of a home in our city.

01:39:35,870	Thank you for your time and for considering the very real human impact of this decision. Commissioners any questions for Laura? I. Yeah. If I could add on a personal, uh, I was reading on their behalf, of course, but, um, as a friend, you know, to the Blackwoods, they mentioned their children, you know, all of whom became teenagers at the same time and

01:39:56,630	all had cars, you know, mom had the car, dad had a car, all the kids had cars. There’s always been a lot of traffic their friends over and I guess, I mean, it’s all been said, but I just, I don’t believe that the comings and goings of these children would be much different in parking

01:40:14,270	and, you know, movement than it was to have all those teenagers coming and going at the same time and parking on the street and everything they had to do to make that work. I just wanted to mention that OK. Thank you. Podium is open for anyone else wishing to address this item.

01:40:35,630	Just just like to see a show of hands. Who’s gonna profit from this? Raise your hand, you’re profiting. Raise your hand. You’re profiting. Raise your hand, you’re prophetty, raise your hand, your property. Let, let’s, let’s, let’s go the opposite way. Show of hands.

01:40:50,100	He doesn’t want this? Hold on, hold on. This is not public comment. All right, this is exactly it. OK. Do you have any additional comments for the commission? Any additional public comment. Uh, Brian Warner, so my wife and I live on Arizona Drive, so we’ve lived there now for 15 years.

01:41:31,270	Um, we actually did our homework when we moved to Arizona Drive. So we had a prior house on Calgary Avenue. I’m sure everybody’s familiar with that now. Lived over by Menards. Loved the house we were in. We were told when we moved in, it was a closed street.

01:41:46,600	I don’t know how many of you remember that over by Menaans, we were told that it’s probably not gonna open. We did not do our homework. It opened and we had young kids. It became very busy.

01:42:04,370	So that was the reason we moved, and I totally get having a hard time selling your home because we had to sell our home at a discount because the street opened. So, um, we did our homework here. We knew the old apartments were there. We knew 19th was busy. We knew Century was busy, but we love the neighborhood because it was quiet. We also had our realtor check.

01:42:21,270	Anyway, any roads could come in, um, how’s this zoned? It was residential, they said nothing can come in. So we bought with the premise that, hey, this is all going to be residential. I totally get what they are trying to do.

01:42:40,230	My oldest daughter is in grad school for clinical mental health counseling. There is a need for it. I don’t think anybody in our neighborhood is, you’d have a 100% support for the need, but it, I sat here and I went, I don’t know how many times I heard the word center business clients. We’re in a neighborhood. Those words shouldn’t come up in a residential neighborhood.

01:43:02,970	So I mean, like I said, there’s a 100% support for what they’re doing, and we all knew every homeowner within the last probably 25 years. 30 years are built there, bought or built under that premise that this was going to be residential, and anybody that did buy knew some of the things there too, like I said,

01:43:26,230	19th didn’t just all of a sudden become busy six months ago. Those apartments were there. I’m gonna guess probably before the homes were built. We all knew that when we built, so and I guess I would just pose a simple question to the commissioners or anybody else here.

01:43:44,630	I mean, would you honestly, you’re in your neighborhood Would you want a business coming into your neighborhood or if you were going to sell your house and you went and approached your neighbors and said, hey, I think we’re going to do this. I’m gonna guess your neighbors aren’t gonna be real thrilled with you.

01:44:02,270	So, I mean, and I think, like I said, the neighborhood is not against what they’re doing. It’s a great cause, like I said, my daughter is going into this. There’s a huge need for it, and I, I, we all, I mean, sympathize with the kids and everybody that needs that, but it doesn’t change the fact that house was built.

01:44:20,900	for a single family residence for a family to come in and I don’t know if any of you guys have been up there, driven. There is a distinct, yes, there’s apartments, there’s a church, but that street really does cut off those things from our neighborhood.

01:44:41,530	If you go drive around the neighborhood is the neighborhood. There is no, I mean, you go drive up there, you’ll see it is a neighborhood, it is quiet, it is people there love it. The homes do sell quickly.

01:44:59,470	I mean, we’ve had people tell us that if you put your home for sale, let us know, but I mean, that’s all I just want to reiterate is that we did do our homework here when we moved in because we didn’t on a prior house and uh, I mean, it, it’s a residential neighborhood. It is not a business, it is not for a meeting center and I don’t think anybody here would probably want that in their neighborhood.

01:45:19,100	Thank you, Commissioners. Any questions for Brian? Thank you you Podium is open for anyone else wishing to address this item. OK. Last call for public comment. OK, I’ll close the public comment for this, uh, agenda item. Lauren, any additional comments from staff. Uh uh, vice chair and commissioners. I do have one clarification.

01:45:50,230	I think there was a comment at the very beginning, you know, what would happen if the use changed from this youth and I, I, and young adults, uh, uh, group grief therapy support service. Um, it would not go back to R5.

01:46:13,170	I, I just want to clarify that the, the conditional RT would stay the same if, if the commission would for or approve this. Um, however the items contained the conditions placed within the conditional RT is very, very similar to the R5, if not more restrictive in a lot of sense. I just wanted to clarify that. Thank you. Uh, recommendation from staff is to approve what are the wishes of the commission.

01:46:38,170	Maybe before we get to that, I think, just, I’d just like to have, go back to the slide deck, but one slide further. to the next slide OK, so for all of us to consider and all of us to know. we have certain rights in our property.

01:46:59,230	Now the difference here, which is the struggle I have is this is not a resident that has got an in-home business. It’s actually a building being converted to a business under this zoning. but technically every one of us who lives in a neighborhood very well probably has a business being run out of their house.

01:47:20,800	I can tell you I live down in a place that’s got uh, some homes that are pri over a million dollars in value, and there are businesses being running out of those homes. Uh, one of them is a I there’s construction stuff sitting on the street. every day when I drive by it.

01:47:40,100	So, I get the concern of the neighborhood I am struggling with the conversion from a resident R5 to an RT that then is going to be purely a business and nobody’s residing there. I think that’s the struggle I have. but I want everybody to understand, like, you can have a business running in your neighborhood and you won’t even know it.

01:48:00,900	I think it’s very important for everybody to understand that. So I appreciate the comments, but like I have very expensive homes. more than I can afford in my area that are running a construction company out of their home. Thank you, Mayor Schmitz Uh, motion or a recommendation from staff is to approve.

01:48:23,870	what are the wishes of the commission I’d move to approve So we got a motion to approve as presented from. Commissioner Scho Is there a second All second so we have discussion. Second for Mayor Schmitz. Any discussion commissioners? Commissioner Schell, thank you, Vice Chair.

01:49:02,330	I, I guess when I would look at this, I mean, the concept of a home occupation that could have uh someone running, you know, multiple employees potentially out of that facility having a job trailer or two trailers actually allowed, um, they’d have to move them every 48 hours, you have to move them,

01:49:16,800	but you could operate a business, so carpentry business out of a home. Uh, you could run a daycare that has 12 kids in it that is going to create more traffic impacts in terms of numbers of vehicles showing up and then leaving or maybe even the same or similar impacts of what you’d see here, um.

01:49:33,730	without really coming to talk to ourselves or just by right that that those sort of businesses can operate out of their homes. So I, I made the motion to approve because I really see this as being very similar to the impacts associated with many of the home occupations that we have,

01:49:45,530	um, a vacant property would likely be more of an eyesore in terms of the grass being mowed than, than someone occupying it, whether it’s someone living there full time or a business operating out of it. um, RT, I, I wanna stress also is a residential zoning.

01:50:01,730	There are a lot of uses that are allowed in RT. Sometimes it’s an apartment building sometimes it’s an office building, and it’s really up to the, the market and the buyers and the sellers to figure out what that is.

01:50:18,100	But there’s, there’s RT within, you know, buttressing and, and connecting to many of the R5 and R 10 zoned, um, houses in this neighborhood already, so I, I don’t see it being a drastic change to have another, um, corner of RT, uh, especially one that’s conditionally used, or conditioned that it can only be a youth grief center. That’s the only thing it can ever be without another zoning change.

01:50:35,270	So I feel like the the limit or the risk of something being um drastically terrible to the neighborhood is very, very, very small. And so that’s why I guess my my my motion to, uh, proof. commissioner show any additional discussion that’s maybe more to comment or a question, so I realized that it’s zoned and it can only be, it’s got the restriction on it.

01:50:55,070	If it stays, if this passes RTN, it can only be used for those very limited as a home or as youth uh, grief services basically. Can, could we have it be reverted if this business is no longer operating it, that it would automatically revert to R5.

01:51:19,970	I don’t know if that’s even possible Daniel Yeah, I mean, I could, I could address, and I think Lauren maybe had was referring to this as well. So it, there isn’t really anything, um, that is presented here was written with that in mind because, because it is constrained, as Gabe said, so specifically to a youth and grief support counseling or a

01:51:44,530	single family home, um, because it’s basically mirrors the R5 zoning district in every way except for this one little narrow carveout and so if they were to sell it, really unless there’s another youth group support center out there, um, it would be a single-family home. OK.

01:52:06,970	Thank you, Daniel Any other discussion Yeah See none. Uh, Sarah, would you please call the roll? And probably clarify what a yes and a no means on this one. Yes would be approval. That was, OK. OK Commissioner Schmitz I see the value both ways Um I I’m gonna vote yes because of the restriction is, it basically is a house if it’s not this.

01:52:48,600	Commissioner Field. No. Commissioner Schell? Yes. Commissioner Bittner No Commissioner Zent? No. and, uh, Vice Chair Johnson? No. No, the motion, uh, is not approved. So, I’m, I’m gonna claim uh vice chair on this and don’t know what we, is, is the, is this done or do we have to, OK, it’s motions 9.

01:53:20,170	All right, I wasn’t sure if we had to. vote to die OK. Uh, motion is denied. Moving on to item 4B on our regular agenda, that is rule accessory structure size.

01:53:45,800	and this is a zoning ordinance text amendment and Isaac has the report for us Yes, good evening, Vice Chair Johnson and commissioners for this next regular agenda item the planning department requests approval of a zoning ordinance text amendment to revise and update the city’s ordinances regarding total accessory structure size in rural areas to more closely align with uh Burley County’s ordinances in their equivalent sections of the zoning

01:54:05,000	ordinance. So for the city, this would mean, uh, it would be amending sections 140306, which touches on, uh, among other things, rural accessory structure size and location and things like that. And then also sections 140401, 140401.

01:54:30,100	1 and 140417, which gets into um sort of repeating some of what is in 140306, but going into the specific districts that would be impacted by this. So, uh as you uh likely know, the city commission and Burley County Commission have agreed upon a new ETA map and are in the process of finalizing some of those details, and during the course of those discussions, one topic that came up and has

01:54:46,270	come up before then as well, is this topic of rural accessory structure building sizes. So on October 14th of this year, planning staff received direction from the Board of City commissioners to amend the city zoning ordinances of Title 14 on this topic to align with the equivalent sections of the Burley Counties zoning

01:55:06,900	ordinance. So as you can see on the screen here, this is mostly to do two things. Um, aligning those roll accessory structure size, that is the, the larger portion of this, but then the second thing that is done here is uh, it is also removing one reference to a wall height

01:55:23,000	limit in the agricultural zoning district to clarify a previously approved zoning ordinance tax amendment which removed the wall height limit for all residential accessory structures, urban or rural, but there was one reference to the agricultural district that was missed. So this is removing that one reference to clarify bats section as well.

01:55:45,530	And, uh, so the main change being that the aligning of the size ordinance would involve moving the city’s accessory structure size, away from the the current uh way of how we do it if we could go to the next slide, please.

01:56:04,070	So we’re moving away from kind of a, a tiered categorization of set values which are based on the parcel size with sometimes the option to increase the size of accessory structures if an approved special use permit is received from the planning and zoning commission, and it would instead move to match the county’s regulation of size being tied to 4% of the parcel

01:56:24,900	size, regardless of what that size is. So as you can see here, the first column there is getting at where these uh categories are in the city’s ordinance right now and then getting into what they’re allowed accessory structure size would be based off of whether or not they have a

01:56:43,630	special use permit and then finally that proposal of matching what the current county ordinance is of 4% of the lot. So if we go to the next, uh, slide.

01:57:01,170	This is graphically showing what this would look like, and this was included in your packets as well, that gray diagonal line is the 4% of lot size. That is what the county currently has. This is what we are proposing to move towards, and then the blue line is the city’s ordinance right now without a special use permit and then the orange line is uh with a special use permit.

01:57:19,800	Uh, I, I will note that as you can see here, there are times in which these cities um uh regulation would be less restrictive than the county’s uh regulation, particularly in some cases if a special use permit is approved.

01:57:39,270	So staff has done an initial analysis of approved special use permits, and I will update, uh, the, the figures that were provided in the staff reports. Staff redid the analysis and double check things and the, the correct values as far as we are aware at this time is that since 2014, uh, the planning and zoning commission has approved 56 special use permit s in the RR residential zoning

01:57:56,330	district and 5, special use permits in the agricultural zoning districts, and of those, 11 would be considered legally nonconforming in this proposed um change, meaning that for 11 of these properties, 4% of their lot area would be smaller than, uh, you know, one of those areas where the, the

01:58:20,230	orange line is higher than the gray line, uh, in this case. Um, staff included what was provided in the staff reports to you. Staff sent that to county staff, uh, for any initial questions or discussions, we will send them the updated numbers and and have conversations with them as well, but uh these would be legally nonconforming

01:58:42,070	regardless of if they would stay within the city’s jurisdiction of the ETA or if they will go back to the county’s jurisdiction, but we did want to make sure everyone was aware of that.

01:59:00,170	um so the this request, of course, was considered by you at your October 22nd meeting where you called for the public hearing, and then the public was duly notified of this request via publications in the Bismarck Tribune on November 7th and 14th of this year.

01:59:18,330	And to my knowledge, staff has not received any formal comments from the public regarding this topic, but as a cumulative result of all findings contained in this staff reports before you. Staff, uh, City of Bismarck’s staff find that the proposed zoning ordinance tax amendment would not adversely impact public health, safety, and general welfare, that it is generally consistent with the comprehensive plan, Bismarck Code of ordinances and relevant state law.

01:59:38,100	And therefore, staff recommends approval of the zoning ordinance text amendments to revise and update the ordinances regarding total accessory structure size in rural areas to more closely align with Burleigh County’s current ordinance. Does the commission have any questions for me at this time? Commissioner, is any questions for Isaac? Commissioner Schell Isaac, you had noted some potential non-conforming or not like a potential nonconforming if this ordinance passes, regardless of if the properties

02:00:02,170	in the ETA or, or isn’t in the ETA of what that could look like. Um, so my question for you is what happens to a nonconforming property both in our city of Bismarck ETA. processes as well as in, in Burley County’s processes, if this change occurs.

02:00:23,470	Commissioner Schell, Vice Chair Johnson commissioners, while I can’t speak for the county’s processes specifically for the city’s process if something is legally nonconforming, it is perfectly acceptable for it to remain as is, you know, we do not force people to, to change things uh or or go out into the world looking for things that might be nonconforming.

02:00:41,230	Uh, the question would arise more so uh if something were to happen to that property and then the question is, well, could I, you know, remake this if it is, you know, destroyed by a fire or something like that, and as far as a single family home is concerned, you know, legal nonconformities are

02:00:58,100	permitted to be recreated so long as they are not expanded or increased in such a way. Um, so it would follow a similar process with, with this, but I would have to double check some of the, the specifics to see if that um allowance for the the primary structure applies to the the secondary

02:01:16,330	structure or accessory structures as well. Commissioner Bittner, would you know by chance how this, this change would affect or or the nonconforming par uh parcels or or properties would fall into Burley County processes. Could you elaborate on that if possible? Yeah, sure could. Yeah, absolutely. I’d be, be happy to do that.

02:01:38,230	Um, my opinion, and of course we haven’t had a chance to have official meetings and whatnot on it yet, but at this point, my opinion is that we don’t want there to be any negative changes to the citizens because of this, if anything, this would be an improvement for the citizens.

02:01:57,500	So an existing nonconforming use causes me no issues personally. and I would be supportive of that. I, I was aware of this, uh, this kind of a saw blade line, um, when I first saw it in the packet and I mentioned that to one of the other commissioners that one of my concerns is I didn’t know

02:02:15,070	that there was a, a, uh a part of the graph where the city had a larger um square footage amount. but I would also like to see the county maintain that. I don’t, we’ve had some conversations about the city having, you know, different zoning districts, um, that the county doesn’t actually have under their ordinances.

02:02:39,730	And at this point, the conversations that I’ve had has been to maintain the status quo so that nobody goes backwards. whatever they bought into to begin with is what things are going to remain.

02:02:58,530	Um, does that answer your questions sufficiently? Yep, just want to make sure that we aren’t creating a burden on anyone by by passing disorderances or considering passing this ordinances. No, I, if, if anything, I think we need to look at at um in this case, we’d want the county to align more with what those, what we’re gonna is being considered here as a non-conforming use. I, I don’t think that a switch in this ETA. thing.

02:03:17,470	would cause somebody to be nonconforming, because with the question about a fire, or anything, that’s kind of a, that’s a real deal where if you have a nonconforming use and it burns um you know, the, the, that part is that, is a question.

02:03:37,970	And we want people to be confident in their property and their valuations and all that. Thank you. OK, thank you, Commissioner Bittner Any additional questions for Isaac? Thank you, Isaac. Thank you. Uh, I’ll open up the public hearing on this agenda item. Does anyone wish to address the uh commission this evening. No. Yeah, uh, right, I’ll close, uh, the public hearing.

02:04:10,530	Uh Isaac, anything else? Uh, Victor Johnson, there is actually one item I would like to say that I did not mention up there or at least not clearly. This would also remove the uh special use permits from any, or at least there there would be no more requirement for a special use permit in any of these categories, so there

02:04:28,600	would be no more requests for increasing the, the size of structures for um if this is approved as presented, OK, thank you. motion to approve. Motion to approve. Commissioner, we got some antsy people here, motion to approve from Commissioner Bittner and a second from I heard Zent first, Commissioner Zent.

02:04:52,600	Any discussions, commissioner? questioners OK, Sarah, would you please call the roll? Commissioner Field Yes, Commissioner Bittner. Yes, Mister Shell, yes, Commissioner Schmitz, yes, Commissioner Zent, Vice Chair Johnson. Yes, the motion is approved. Moving on to item 4C on our agenda. Boutris 2nd edition block 1 part of Lots 1 and 2.

02:05:17,630	Uh, this is a special use permit and Lauren has the report for us. Uh, good evening again, Vice Chair Johnson and commissioners, uh, cold brew LLC with consent from the current owners, the Butros Group LLP and uh Ted J.

02:05:41,730	Bres LLC is requesting approval of a special use permit for a drive-through in conjunction with a coffee shop on lots 1 through 2, block 1, Boer 2nd edition less part of Lots 1 and 2, block 1, Boucher, 2nd edition, and part of the Northwest quarter of the northwest quarter of Section 217 Township 139 North, Range 80 West Hay Creek Township.

02:06:00,900	Um, the project areas as you can see on the screen here is located in Central Bismarck, north of Interstate 94 in the northeast quadrant of the intersection of State Street and East Interstate Avenue.

02:06:21,730	The property is currently zoned CG Commercial, a drive-through is permitted as a special use in the CG commercial zoning district with approval by this commission. Uh, the property has been identified as destination excuse in the future land use plan. The project location is surrounded by a mix of commercial uses, including retail stores and restaurants, as well as a cemetery to the north.

02:06:42,070	A notice was published in the Bismarck Tribune on November 7th and 14th and 12 postcards were mailed to the owners of nearby properties on November 7th, uh, a physical sign also providing information on the public hearing was placed in a publicly accessible spot at the project location on November 4th.

02:07:00,730	To my knowledge, staff has not received any public comments regarding this request. Uh, the request was evaluated according to standards contained within the comprehensive plan, Code of ordinances, and relevant state law based on the site exhibit submitted and included within your packet. The requirements for a drive-through in conjunction with the coffee shop would be met.

02:07:19,530	Uh, the drive-through requires 10 stacking spaces, which are provided on the site. I believe there’s way more than 10 stacking spaces there. Uh, access for the site is provided via an existing parking lot.

02:07:40,370	Uh, the applicant has noted that only drinks will be served, uh, for the coffee shop, no food would be, um, any mechanical equipment or waste collection areas for the site. Um, you can see a cooler there. Uh, any of those would uh follow a screening requirements as noted within the ordinance.

02:08:00,530	Um, as a result of all findings contained in the staff reported City of Bismarck staff find that the proposed special use permit would not adversely impact the public health, safety in general welfare, and is consistent with the comprehensive plan Code of Ordinances and state law.

02:08:17,070	Uh, therefore, SAP recommends approval of a special use permit for a drive-through in conjunction with a coffee shop on Lots 1 through 2, block 1, Butcher 2nd edition, less part of Lots 1 and 2, block 1, Butcher, 2nd edition, and part of the Northwest quarter of the northwest quarter of Section 27 Township 139 North Range 80 West, Hare Township. Do you have any questions for me? Commissioner? Is there any questions for Lauren? Commissioner Schell. Lauren, can you maybe describe the, the ordering process.

02:08:36,970	I didn’t see a an order board on this particular site exhibit. Uh, great question, Commissioner Shell. Uh, could I get the site exhibit up. So, uh, as you can see, there’s two lanes here.

02:08:54,530	Um, it would function very similar to how Chick fil A does their ordering, so there would be somebody outside, uh, helping to take orders or uh uh taking the orders um to the people, um, to the south of the, the area as well. Thank you Commissioner Betner. Thank you, Mr. Chairman. Um, you mentioned no food. and I don’t, I don’t frequent these places, but my wife does.

02:09:22,230	And oftentimes she’ll she’ll come home with a, I don’t know what is it, a bagel or something that’s is, is there a restriction on food or you just mentioned that they’re not gonna have food. Uh, great question, Commissioner Bittner, uh, vice chair commissioners. So I, there’s no restriction on it.

02:09:39,170	Uh, it’s just to provide you some more uh information that the applicants provided, um, I I don’t know what else to say beyond that, so. OK, no, that, that, that gives me comfort because you know my wife likes to do that, and I imagine a lot of people do, so I was just making sure it wasn’t a limitation, that’s all. Thank you.

02:09:59,470	Any additional questions? Thank you, Lauren. Thank you. Uh, this is a public hearing, so I’ll open up the public hearing is the requester, uh, online. OK, great I am online on Via Teams. Great, great. Go ahead. Uh, Matthew Gilbert here with MDC, thank you so much for your time this afternoon, board.

02:10:20,900	Um, so we are proposing a drive-through only coffee shop, um, Lauren was correct, we do not serve food. We’re just so good at coffee, um, that we don’t want to take, um, you know, take, uh, time away from what we do well.

02:10:35,330	So we’re, we’re proposing this, uh, drive-thru coffee shop going in between the McDonald’s and the Arby’s there. Um, if you look at the existing parking lot, it’s in the old, uh, abandoned Kmart, and so we’re really looking for an opportunity here to not just serve the city of Bismarck, but also kind of improve what that site looks like instead of being an old dilapidated parking lot, um, you know, bringing in some landscaping

02:10:50,730	and add in some more green space, just kind of hoping that overall, you know, big see a concrete um for that development. Um, we’ve met with the city staff.

02:11:04,100	We’ve, um, met with our engineers, went through everything here, and we feel very um excited and comfortable that this will be a great location for our drive-thru only coffee shop, um, as Lauren mentioned, we’re utilizing existing, um, access, so we’re not requesting additional street cuts to the public highway, so that’s not going to interfe re with existing traffic patterns.

02:11:19,700	Um, all of our stacking will be contained internally on site and then um the parking that we need for this location is also provided um on site. So, um, we’re excited about this use and we ask for your permission and and uh approval of this SUP Kriner, is there any questions from, uh, Matthew, uh, Mr. Haset.

02:11:42,630	Hey, Matthew, um this is commissioner’s end You’re um You’re gonna have hot brew too, not just cold brew coffee, right? Yes, sir. Yes, sir. Our coffee drinks, the, the many different flavors and many different temperatures. It’s kind of like, you know, Sonic’s 3000 drink mixtures that you can come up with. It’ll be high in cold drinks, yes, sir. Great.

02:12:03,900	Any additional questions All right, thank you, Matthew Thank you Uh the podium is open for anyone else? OK? I’ll close the public hearing and uh Lauren, any additional comments? Uh, no additional comments at this time. Thank you. motion or the staff recommends approval. Uh, what are the wishes of the commission? Motion to approve. Motion to approve from Commissioner Bittner. I’d second it. 2nd, 2nd from Commissioner Field.

02:12:32,730	Any discussion commissioners All right, Sarah, please call the roll. Mister Brittner Yes, Commissioner Shell Yes. Commissioner Schmitz, Yes, Commissioner Field, Commissioner Zent, Vice Chair Johnson Yes, the motion is approved and that completes our regular agenda and we’ll move on to other business.

02:13:00,500	Is there any other business this evening? Daniel? Uh, Vier Johnson, if, if I may make it just a couple of announcements, uh, just for, for informational purposes, uh, they, if, if the screen can be shared, um I have a, there we are, great. Uh, so there are some openings on the planning and zoning commission currently.

02:13:21,430	Uh, as you may know, the city does, uh, new reopenings and reapplications for all of the boards on a yearly cycle, so that’ll, uh, the applications are open in November and the decisions are made in December. Uh, there are currently 3 openings on this board. So as you may call, uh, Commissioner Lukins did have to step down.

02:13:37,370	He moved out of the jurisdiction of the Planning and Zoning commission. Uh, so his seat would be a two-year term uh, and then there’s 2 5-year terms. All of these are city terms, so all the ETA seats this cycle happen to not be up for application.

02:13:53,370	Uh, so anyone watching from home, um, you may use the QR code or go to the city website if you’d like to apply by November 30th. Excuse me, um, that would be an option for you. Uh, I also just wanted to say as well that um module excuse me, Module 2 of the Land Development code is now publicly available.

02:14:17,370	It is on the website for the project at www.biarckldc.org. Uh, you may recall in September, uh, the consultants came and gave a presentation on this. I won’t review any of that or go into the, any, any of the content of this beyond just to say that we’re talking about development standards, uh, subdivision design standards module 2.

02:14:36,370	So that’s available for reading and and there’s an opportunity to comment on this document on the website as well. So we’d, um, welcome anyone to do that And finally, our coffee with a Planner series is wrapping up for the season, but there, there’s still a few options left, uh, staff, um, from our department will be at these coffee shops over the next, uh,

02:14:52,270	week or for the end of the month and we’ll be have a copy of the Land Development code. We’ll have a copy of some of the drafts, uh, and we’re welcoming anyone to sit down and talk with us and, and learn more about what’s being proposed and, and give their

02:15:03,970	feedback in that venue. So those are just some options that are available. OK Thank you, Daniel Any additional, uh, other business tonight? OK. Uh, our next regular meeting is December 17, 2020, 2025, I will adjourn this evening’s meeting.