00:00:10,270	Good evening and welcome to everyone that is attending this mor this after. this evening. This is the Bismarck and planning and Zoning Commission, and it is now, it is December 17th, and it is 5 p.m., and with that I will call the commission to order. Sarah, would you please call Roll? Mister Bitner. Dear. Oh, hi, Comm Field.

00:00:37,500	Comm Johnson. Comm Larson Comm Schell, here Comm Schmitz Comm Seak, Comm W Wagan here. Comm Zent here and Sher Schwartz. Here, thank you. With that, we’ll move on to the first item on our agenda this evening, which is approval of the minutes of our previous November 19 uh 19 minutes.

00:01:05,430	So with that commissioners, what are your wishes? Motion to approve. We have a motion to approve from Comm Zent. Second, we have a second from Comm Wogan. Any discussion? Not seeing or hearing any, Sarah, please call Roll. Comm W Wagen. Yes, Commission. Johnson. Yes, Comm Schell, yes. Comm Seak. Yes Comm Bitner Yes. Comm Zentir Schwartz. Yes, the motion is approved.

00:01:34,630	With that, we move on to the public comment portion of our meeting and uh just to remind everybody, this is limited to items that are on this meeting’s consent agenda or the previous planning and zoning commission meeting. So with that, I will open up the public comment period. Is there anyone that cares to step up and address an item.

00:01:57,230	at the podium I’ll make a second call and a 3rd and final call. With that, I’m going to close the public comment period and we’ll move on to our consent agenda this evening. With that, there are 2 items on our consent agenda.

00:02:25,430	The first being cutttonwood Park View Edition first Replat block one, lots 2 through 9, and it’s a request for a zoning map amendment and the second item being Edgewood Village, 7th edition, 1 replant, block 1, lots 1 through 50, and this is a request for a zoning map amendment. and public uh staff recommendation for both is to call for a public hearings.

00:02:53,630	Commissioners, what are your wishes Move to approve. We have a motion from Comm Wagen to approve. Second, a second from Comm Johnson. Any discussion? Not seeing or hearing any. Sarah, would you please call Roll? Comm Seak Yes. Comm Johnson. Yes. Comm W Wagen. Yes, Comm Schell, Yes, Comm Bittner. Yes. Comm Zent Chair Schwartz. Yes, the motion is approved.

00:03:20,530	With that, we’ll move on to our regular agenda this evening, and the first item is meow meadow village Edition First Replat, and I believe Jenie is going to provide us with staff report. Thank you. Good evening, Chair Schwartz.

00:03:45,970	Commissioners, Dakota Pioneer Land Company LLC is requesting approval of a major planned unit development amendment for Lots 1 through 32 block 1 and lots 1 through 39 B block 2 Meadow Village Adition First Replat. This request is located in South Bismarck, east of South Washington Street in the northwest quadrant of the intersection of East Burleigh Avenue in Boston Drive along the north and south sides of Freiburg Lane consists of 11.

00:04:05,730	37 acres. The proposed amendment would reduce the front yard setback for loss adjacent to public roadways from 25 ft to 15 ft. You’ll see on your screen there, um, Dana Drive and Dana Places are private roadways. Existing requirements or existing, um, PUD requirements are 15 ft from those roadways.

00:04:29,800	So the 25 ft to 15 ft setback reduction would be for those lotsad adjacent to Freiberg Lane. Adjacent uses include developing single and two family uses to the north, singlele family uses to the West, and developing multi-family uses to the south and a park to the east.

00:04:48,500	Planning and zoning Commission, you guys considered this, um, and called for a public hearing at your meeting last month on November 19th. The public has been notified of this request. A notice was published in the Tribune on December 5th and 12th, and 65 postcards were mailed to the owners of nearby properties on December 5th. Additionally, a physical sign providing information on the public hearing was place d at a publicly accessible spot at the location on December 2nd.

00:05:07,700	To my knowledge, we have not received any inquiries regarding this request. The request was evaluated according to the standards contained within our comprehensive plan, Code of Ordinances and state law, and as a result of all the findings contained in the staff report, staff find that the proposed planned unit development amendment would not adversely

00:05:24,230	impact the public health, safety, and general welfare and is consistent with the Comp Plan Code of Ordinances and state law. Therefore, staff recommends approval of the major planned unit development Amendment for lots 1 through 32, block 1, lots 1 through 39, block 2 Meadow Village Adition First Replat. Do you have questions? Commissioners, questions for Danni.

00:05:45,000	Jenny, I’m not seeing or hearing any. Thank you. Thank you. This is a public hearing, so with that, I will open up the public hearing for this agenda item is either the requester or a representative here to speak to it. Evening Commissioners are Arthur Goldamer with Dakota Pioneer Land Company.

00:06:15,730	Thank you for having me and entertaining this. Uh, this is, uh, mainly a cleanup from our original PUD for not stating some of the things as clear as, as we should have, we’re just cleaning up that, uh, that side yard setback that Bismarck treats as a front yard setback according to land development code, um with that said, we’re not changing any building types,

00:06:34,270	any products or adding or taking away any lots we’re not changing any densities. Again, just, uh, cleaning up before we start construction on uh. on the project for the vertical side, uh, do you have any questions of me or our group that I could answer? Questions Commissioner’s questions for Arthur. I’m not seeing or hearing any.

00:06:58,800	Thank you. Thank you. With that, the podium is open for others that would care to address this agenda item. and I’m not seeing or hearing anyone, so with that, I’m going to close the public hearing. Uh, Jenny, any additional comments? No, thank you. All right. Thank you.

00:07:21,270	Uh, with that, Commissioners, uh, this is a request for a planned unit development amendment, staff’s recommendation is approval. What are your wishes? Motion to approve. We have a motion to approve from Comm W Wagen. 2nd, 2nd 2nd, 2nd from Comm Johnson.

00:07:47,900	Any additional discussion I’m not seeing or hearing any Sarah, would you please call Roll? Comm Johnson? Yes, Comm Schell. Yes, Comm Seach? Yes, Comm W Wagen, Yes, Comm Zent? Yes, Comm Bitner. Yes. and Chair Schwartz, yes, the motion is approved.

00:08:14,530	With that, we’ll move on to item B in our regular agenda, which is secluded acres 4th subdivision, and it is a request for a minor subdivision final plat and once again Janie won’t be providing us with staff briefing. Thank you, Chair Schwartz, Commissioners, Bigcorn Properties LLC is requesting approval of a minor subdivision final plot titled Secluded Acres Fourth, its subdivision.

00:08:34,530	This request is located southwest of Bismarck west of South Washington Street between West Burley Avenue and Forty-Eighth Avenue Southwest along the west side of Thornburg Drive. It consists of 5.05 acres with three lots in one block. You tentatively approved, you did not. That’s left over from the last meeting. This is the first time you’re seeing it, so we’ll move along.

00:08:53,600	The proposed plat is a replat of lot one, block one of secluded acres, 3rd edition, which is included in the rural residential zoning district. The applicant is proposing to create 3 lots One of those lots includes an existing single family dwelling and accessory buildings, which will remain in the other two lots would be available for rural residential development.

00:09:12,800	Adjacent land uses include urban and rural residential to the north and rural residential to the west, south and east across Thornburg Drive. The project is located in Lincoln Township. However, Lincoln Township is not organized. Therefore, no communications with the township have occurred. The public has been notified of this request.

00:09:30,370	A notice was published in the Tribune on December 5th and 12th and 4 5 postcards were mailed to the owners of nearby properties on December 5th. Additionally, a physical sign providing information regarding the public hearing was placed on the property on December 2nd. We have received one phone call inquiry, um, neither for or against, just wondering what was going on.

00:09:46,470	And you did receive a couple of written comments prior to this night to tonight’s meeting. The request was evaluated according to the standards contained within a comprehensive plan, Code of Ordinances, and state law, and as a result of all the findings contained in your staff report.

00:10:03,970	Staff find that the proposed minor subdivision would not adversely impact impact public health, safety, and general welfare and is consistent with our comp plan, Code of Ordinances and state law. Staff recommends approval of the minor subdivision final plot titled Secluded Acres Fourth Subdivision. Do you have questions? Commissioners, questions for Janie. Comm Schell, uh, Jenny, two questions.

00:10:23,330	One being with the existing single family residence that’s there, are there any septic systems or drain fields that are on some of the new parcels or all that contained within its lot. Comm Schell, Mr. Chair, um, Commissioners, um, it’s my understanding that the, um, property, um, would meet our standard requirements for setback distance, and separation of accessory buildings and train fields and subject tanks.

00:10:46,700	OK. And then second question, uh, there’s a 60 ft access easement on the front side of lots 2 and 3. can you maybe just walk through how it’s envisioned the access would be on to Thorn Thornberg, Thornburg Drive, excuse me, and what coordination might have been with the county highway department on that access. Sure.

00:11:04,730	Um, county highway department, um, is a reviewer in all of our plots that are located within the ETA, so they have had a chance to review this. So my understanding and showed on your plat that there will be one access point to serve both lot s 2 and 3.

00:11:19,730	They will access the properties from Thornberg Drive and use the access, um, easement, um, I do believe and the applicant is here and they can correct me if I’m wrong, that lot, lot one will be accessed directly from the public roadway. OK, thank you. Thank you, Comm Schell. Commissioners, additional questions for Jenny.

00:11:40,530	I’m not seeing or hearing any, Jenny. Thank you. Thank you. This is a request for a public hearing. So with that, I will open the public hearing and ask that either the request or representative come to the podium.

00:12:05,630	And if you’d please put your name on the log and introduce yourself, that would be wonderful My name is Cody Strathman. Uh, my husband and I own, um, rental properties under the name of Big Horn Properties, and we reached recently purchased this. and the um the home that’s on what would be lot 2. um, includes, uh, two additional buildings with it, which fit nicely in the 2 acres that we’ve got there.

00:12:30,800	Um, we would be keeping that property as a rental property and then lots 1 and 3, we would either sell or develop ourselves into rural residential, um, family homes. Do you have any questions for me? All right. Commissioners questions for Cody Comm Zan. Cody, what’s the acreage of the lot 1 and 2.

00:12:55,800	Lot lot one would be 1.5 acres, Lot 2 is 2 acres. Lot 3 is 1.5. Thank you, Comm Zan Comm Comm Zan. Comm, additional questions for Cody. I’m not seeing or hearing any, Cody. Thank you. You’re welcome. Thank you. With that, the podium is open for others that we care to address this agenda item.

00:13:20,370	and I’m not seeing or hearing anybody stepping up. So with that, I’m going to close a public hearing. Additional comments, Jenny No, Mr. Chair. All right. Thank you. With that, Comm, this is a request for a minor subdivision final plat and staff’s recommendation is to approve.

00:13:45,500	What are your wishes? Motion to approve. Motion to approve from Comm Zent. 22 from Comm Sivac. Any additional discussion And I’m not seeing you here. Comm Johnson. this is, we, we got two letters on this, is that right? And could you just give a little info or or background on what you look at for minimum lot size.

00:14:09,600	It’s just our rural residential limitations, or do you consider context or how do you consider context and whether or not to recommend approval on something like this. Thank you, Comm Johnson.

00:14:31,000	Um, the property is currently zoned rural residential and zoning kind of dictates how large a lot can be for the rural residential zoning district, the minimum lot size is 1 acre.5, or roughly 65,000 square feet. So because the property is currently zoned r residential. Staff felt that, um, by meeting that requirement, um, we were able to recommend approval to you. Thank you Thank you, Comm Johnson.

00:14:53,000	Any additional comments, Commissioners? I’m not seeing or hearing any, so with that, Sarah, would you please call Roll? Mister Wongan Yes Comm Johnson. Yes Comm Bittner Yes. Miss Schell, Yes, Comm Seak, Yes, Comm Zent, yes, Chair Schwartz, yes, the motion is approved. With that, we’ll move on to item C in our regular agenda, which is promontory point. 6, that’s 4th edition, I believe.

00:15:22,630	Parts blocks 2, 11, and 12. Lan, is that true? Is that 6 or 4? I don’t remember my Roman numerals. Cher Schwartz, that is a 6. A 6. Thank you.

00:15:45,700	Uh, so, good evening, Chair Schwartz and Commissioners Water Development Inc requests uh approval of an annexation of lots 2 through 11, block 2, lots 4 through 14, block 11, and lots 1 through 6, block 12, promontory Point 6th edition and the Adjoining rights Way of McClintock Drive, Morealis Drive, and Monreo Drive. The project area contains uh approximately 10.

00:16:09,170	91 acres more or less, and is located in northwest Bismarck, north of Interstate 94, north of the intersection of Claremont Road and Valley Drive. This request is to facilitate future single family development on these lots.

00:16:27,370	Uh, this area is, uh, currently surrounded by Rive zone developing single family lots, and it has been identified as urban Nehood in the future land use plan, which are places for quiet enjoyment of home life. Annexations do not have a public hearing before the Planning and Zoning Commission, um, the public will be notified of this request before it’s heard with the city commission as well as Burley County and Hay Creek Township in accordance with the provisions of Section 40-51.

00:16:51,370	2-05 of the North Dakota Century Code, um, to my knowledge, uh, staff has not received any comments at this point in time regarding this request. Um, the request was evaluated according to standards contained in the Comprehensive plan Code of ordinances and state law.

00:17:07,470	The proposed annexation incorporates land that is within the urban service area boundary and has been designated as Urban Service Area Priority, um, it’s clearly contiguous with the existing corporate boundaries with 100% of the proposed annexation’s perimeter adjoining.

00:17:27,170	Um, I will also note that the creation of any new lots in the city of Bismarck is subject to development capital charges for municipal utilities, which are currently due at the later of 3 points, uh, Plotting and annexation establishing a water and sewer escrow or receipt of a street petition. Um, however, there’s current discussions, um, that are happening, um, which may affect that. Um, just wanted to make the Planning and zoning Commission over that.

00:17:48,500	As a result of findings contained in the staff report, uh, City Bismarck staff find that the proposed annexation would not adversely impact the public health, safety, and general welfare and is consistent with the Comprehensive plan, Code of Ordinances and state law.

00:18:08,170	As such, staff recommends approval of an annexation of lots 2 through 12 or 2 through 11, block 2. Lots 4 through 14, block 11, and lots 1 through 6, block 12, promontory. 6th edition in the adjoining rights of way of McClintock Drive, Moreales Drive, and Monreo Drive. Do you have any questions, Commissioners, questions forlorn.

00:18:31,270	Comm Schell, maybe I’ll just elaborate on what Lauren alluded to on the utility capital charge component, the staff report reads our normal policy, but at the Commission meeting, citycom Commission meeting of yesterday, uh, the Commission adopted a new policy that would move out the timing of when that UCC or that utility capital charge would be received by the city.

00:18:49,330	Our current process is to do that during the time of developing the roads, the infrastructure around it, etc. um, the new policy would have that be due at the time a building permit is issued.

00:19:06,370	So in this instance, the annexation would not trigger it, nor would the street petition trigger, nor would a water sewer contract petition, uh, trigger it, it would be triggered when they want to build a house on one of the lots that are subject to here. So I just want to clarify that and then future staff reports, it probably just won’t have that language included moving forward, but this was one of those at the time the staff report was written.

00:19:16,500	it was appropriate, but as of yesterday is now outdated information. So just as an FYI. Thanks for the clarification, Comm Schell. Comm is an additional questions for Lan I’m not seeing or hearing any, Lauren, thank you, Comm, this is a annexation request and it is final consideration. Staff’s recommendation is to approve what are your wishes.

00:19:50,100	Motion to approve. Motion to approve from Comm Wagen. 2 from Comm Seac. Additional discussion, Commissioners. and I’m not seeing or hearing any. So with that, Sarah, would you please call Roll? Comm Johnson? Yes, Commissionerwongan, Yes, Comm Bitner Yes. Comm Seak.

00:20:16,730	Comm Schell, Yes, Comm Zent, yes, and Sher Schwartz. Yes, the motion is approved. With that, we move on to item D in our regular agenda, which is Wachter’s 17th edition Blo block 21. It’s a request for a special use permit, and Lauren is going to provide us with a staff report.

00:20:44,070	Uh, good evening, uh, Chair Schwartz and Commissioners, um, I just provided, uh, an updated exhibit related to this request, um, which does change, um, the staff recommendation based on this. Um, so, uh, FatBrothers Bakery Inc with consent from the Cur property owner, uh, AFSC Properties LLP is requesting approval of a special use permit for a drive-through in conjunction with the restaurant on lot1 Block 2

00:21:10,700	Water’s 17th edition. The project areas you can see on your screen here is located in South Central Bismarck, east of University Drive. in the southeast quadrant of the intersection of South E1th Street and East Bismarck Expressway.

00:21:33,430	The property is zoned Emi industrial, uh, drive-through is permitted as a special use in the zoning district with approval by the Planning and Zoning Commission. The property has been identified as a community mixed use in the future land use plan. Um, the project is currently surrounded by a mix of commercial uses, including retail stores and restaurants, as well as some residential uses.

00:21:56,700	Um, staff have noted that the site is currently a non-conforming for landscaping requirements, um, perimeter parking lot, landscaping will be required along East Bismarck Expressway and South 11th Street on street trees may also be required depending on the wet th of the boulevards Um I would like to make you aware, um, related to the item you have in front of you, uh, that

00:22:14,330	during staff review, uh, staff did request a survey of the site to confirm if the area on the east side of the North building would meet ordinance requirements for the special use, um.

00:22:31,430	staff received, uh, the survey exhibit on Monday, which indicates that it would not meet requirement 3 for the special use permit, um, stafff let the applicant know about this issue on Monday, an applicant indicated that they were, they would work to revise the layout of of the driver to meet the requirements.

00:22:49,500	Um, however, staff has not received a revised exhibit showing how the requirements of the ordinance would be met in order to give the applicant time to make those changes and provide staff with enough time to review and check that those requirements are met, staff would recommend that this item be continued to the next meeting of the Commission.

00:23:05,730	A notice was published in the Bismarck Tribune on December 5th and 12th for this public hearing and 11 postcards were mailed to the owners of nearby properties on December 5th. A physical sign, uh, providing information on the public hearing was also placed at the project location on December 2nd. To my knowledge, staff has not received any public comments regarding this request at this time.

00:23:24,700	The request was evaluated according to standards contained within the Comprehensive plan, Code of ordinances and state law. As noted earlier, the new site exhibit that was submitted affects the building or affects the findings within the staff report, specifically number 3.

00:23:51,630	which requires that adequate off-street parking shall be provided in conformance with Section 14-03-10 of this ordinance. In addition, vehicle stacking spaces, uh, shall be provided on the premise in accordance with Section 14-03-10 of this ordinance, um, requirements for stacking spaces as noted in the Ordinance, um note that each required vehicle stocking space B of an area at least 10 ft wide and 20 ft in length.

00:24:17,100	Uh, additionally, vehicle stacking spaces shall be located completely upon the parcel of land that includes the structure they are intended to serve. The space between the North Building and the property line on the east side is less than that 10 ft, and would not, according to the surveyed site exhibit in front of you,

00:24:35,330	accommodate the minimum width of the stacking space and lane required by ordinance. Uh, as this new information would affect the findings contained in the staff report, staff recommends continuation of the special use permit for a drive-through in conjunction with the restaurant on lot one, block 2, Dr 17th edition. Do you have any questions Commissioners, questions for Lauren.

00:25:00,800	Lauren, thank you for the additional picture on this. I stopped down there and I looked at the space and it was extremely tight and I was trying to figure out where the property line was with the rocks that are spaced along there in this picture actually makes more sense.

00:25:27,070	Commissioners Any additional questions for Lauren? Mr. Schell maybe Lauren, can you speak to what the potential remedies are if they are. if they have 9.3 ft to work with, and the ordinance says 10 ft is what you need for a stacking distance.

00:25:41,230	What, what are the things that you’d be contemplating over the next period of time here? Uh, uh, if the commission would grant the continuance, one thing to look at would be potentially looking at reconfiguring where that drive uh lane would be coming in on and where that driver would be.

00:25:59,630	So rather on the east side of the building, um, potentially looking at a different side of the building where it could be located. Thank you, Comm Schell. Comm, any additional questions for Lauren I’m not seeing or hearing any Lan. Thank you. Thank you. With that, this is a public hearing. I will open up the public hearing is the requester or representative here to speak to it.

00:26:23,070	I am, my name is Kevin Kavanaugh. Hello, Commissioners. Um, so, yes, we’re looking at, at this, uh, lot, and we, we found out one day that there was a concern there because it’s 9.

00:26:52,500	3 instead of the 10 that’s required, which is kind of interesting because the parking space is only required to be 9’ 18 9 by 18 instead of 10 by 20, so, but with that we were able to secure this afternoon um. with the short notice and easement from the neighbor for an extra foot, uh, which is all paved and everything, so we’ll be able to facilitate the full 10 ft, uh, on that side of the building.

00:27:10,170	Um, so that’s what we’re asking. And since time is of the essence, we’d appreciate an approval at this meeting so we can move forward with construction and whatnot, so. and I can show you that that easement if you’d like to look at that. But time was of the essence, so I barely got it signed this afternoon, so.

00:27:29,800	Comm, questions for Kevin. I will note on the rocks too, the rocks will be moved cause obviously that’s gonna be an, an issue there because it is tight with the rocks there, so yep, that. there’s some big obstacles, yep. OK. All right, I guess there’s no questions for you, Kevin. Thank you. OK.

00:27:53,330	With that, the podium is open for others that would care to address this agenda item. and I’m not seeing or hearing any. So with that, I will close the public hearing. Lauren, I would ask you for additional comments.

00:28:24,000	Uh, Chair Schwartz, um, just I, to, to reiterate that the vehicle stacking lanes, uh, need to be located completely upon the parcel of land, um, based on how the ordinance is written here. I don’t believe the easement if it’s not included within the parcel land would meet that requirement. OK, thank you Can I Certainly Uh, we have, uh, an easement to give us that extra couple of inches there.

00:28:55,800	and so it’s already been used for years that way. Uh, that’s been used by this, this part of the, the, the thing, so I mean, and it, we only need 10 spaces, not 12 since we offer drinks and not a regular restaurant menu, so. I think we more than met the actual requirements here. OK, well, I appreciate your thoughts.

00:29:22,370	I’m assuming, Lauren, that uh staff would like to see the easement and assess things further Daniel, yeah, perhaps I could jump into, yeah, as Lauren mentioned, the way the ordinence is written, the stacking must be entirely on the, the parcel, the legal by right ownership of that of that.

00:29:43,800	parcel, so the easement, you know, and this is we’re reacting to this right on the spot. Basically we just found out about it very recently, but the way it’s written today, the remedy in this case and other potential remedy would be a lot line adjustment, uh, and so if the owner to the north were

00:29:59,800	amenable to that, those parcel boundaries can be changed, um, through a lot line adjustment of a foot, and that, that would also remedy this and meet the ordinance requirements exactly. Uh, but we’re, we’re just discussing this right now and I think having another month will help us work through some possible options.

00:30:16,870	Gentleman, I, I, I’m trying to conduct business here. In another month is a lot of payments I have to make on loans and stuff to get this building up and running. I don’t have another month to wait. And, and if we want to be technical with the issue.

00:30:32,900	it doesn’t say that that that stacking has to be next to the building. I have 10 full sized stacking lanes well before the building. So if you want to put the picture back up I have 12 stacking lanes long before you actually get to the building.

00:30:53,170	or and I have 12 counting the 2 by the building. So I have 10 full-size stacking lanes before you ever get there. which are fully on the parcel and would meet the requirements of the ordinance. and um uh time is of the essence here, gentleman.

00:31:12,430	I, I’m trying to conduct business here and I can’t wait another 30 days because I, I believe I still have to wait till it goes to the city count Commission. Is that correct? And when is there, and when is their billz next meeting? It’s not true. So yeah, for special use permits, this is the end of the line.

00:31:27,500	So planning so I could start, but I need to get going on construction. I’ve already sat on this for a month, so it’s time to go. I appreciate your thoughts, Kevin, but without getting your, um, having staff look at it and giving us a recommendation, I think it’s going to be pretty difficult for us to make a decision on this.

00:31:44,730	OK, what do, what do you need to know? The anniel Well, I think there’d be two options. One would be to reconfigure the this this exhibit to show the stacking and a location that would not require under 10 ft of a drive lane, and then the other option would be to adjust the lot line to the north to accommodate

00:32:07,430	that on the north side. So those are two are incorrect. North is towards the expressway, which is where the shrubs are. Sorry, you’re actually talking the east then. Eastside, sorry, that would cost money to move the lot lines, and I can’t do that tonight.

00:32:26,170	So you’re what was your other option then? It would be to reconfigure the the lane itself, um, such that perhaps it could be on the Eastside. And we, we don’t want to design the site for you, but uh in, in a way that would not be encroaching within that 10 will fit on the east, but it’s not conducive to

00:32:39,000	business. I mean, because I would cut off my parking lot, and so that’s where we want it in there. I’ve gained the easement there. I have 10 full sized stacking lanes in the my parcel lane I think you guys are trying to split hairs here and I, I don’t have time to wait another month.

00:32:56,530	Mr. Schwartz, Comm Sche. I’d add to, I mean, this, this change or the change in use would also trigger a, a site plan review through staff that would administratively look at that and we’re going to confirm that what you’re showing here is the, um, trees or or landscaping, parking, etc.

00:33:19,000	meets that I will still have issues as, as the city engineer looking at the routing of traffic through that site in the site circulation adjacent to those buildings, so I would want to review that easement. I, I would not feel comfortable to proving that here.

00:33:33,630	um, I would want to make sure that we have as this board definitely the opportunity to uh review what that easement says. You say that there’s an easement, we haven’t seen that easement you’ll bring it to you. I’m not, we don’t want to review the easement here.

00:33:46,730	We will need time to look at those items and those items would need to be vetted, and that’s, that’s where I would feel comfortable. So I would not support an approval of this and, and making sausage at the table, I would gladly support a con ti nu ation to give us time to evaluate what you provided, if there’s other scenarios or other solutions that we can

00:33:59,800	come up with to get you what you want that still meets the the ordinance or the spirit of the ordinance. I think that’s, that’s worthwhile to explore, um, but coming in here and demanding that this action has taken place now.

00:34:10,230	Uh, it, it kind of puts me in a, in a, in a, in a bad position to to try to prove. I, I was told on Monday, so I don’t know what the expectations were that it would be any faster than this, and I did submit a site plan, so I don’t know how you

00:34:21,970	wouldn’t have had time to to review it for trees and whatnot. What, what else would you need to know? So, Chair and Commissioners, we will still have a site plan approval process that goes through this.

00:34:36,100	This is just looking at the special use permit, but the use of the building or the change of the building will still require a site plan, and that’s what we have discussed with you when you had a pre-application meeting and so that expectation is still there. That process hasn’t taken place, but it still would have reservations of approving a site plan that shows a 9.

00:34:52,430	3 ft distance between the property line that shows some rocks in the area. We’d want to see the improvements that you’re envisioning, that you’re saying are going to happen. We’d want to see that detailed in an exhibit so that we all can all feel comfortable that you’re not creating a hazard or a trap for that traveling public.

00:35:03,100	This is on my property. I guess I don’t understand what, what, what you’re saying here is very confusing. So if it has to be approved later on, they could approve the special use today and then the site plan will be approved later on.

00:35:21,370	Is that what you’re saying? Comm Chair, that there will be two steps to this process, at least plus whatever building permits you would need, um, to, to reuse this building and to change its use, um, to allow this uh food establishment there. You’ll have the special use permit that’s taking place here tonight.

00:35:36,500	Uh you’ll also have an administratively approved site plan through the city staff would look at that for fire access, clearance, uh, utility changes, landscaping, parking, etc. and then whatever building alterations that you’re doing inside the building, there would be potentially multiple building permits issued for for those activities. So I’m just letting you know that that’s all the work that is out there still.

00:35:54,900	And from this perspective of the site plan, um, there would, we would need to see more than what this is, we need to see what that, uh, uh, that easement entails, and at this point in time all I’ve seen is a document that says that it’s nonconforming, and that’s all that we’ve had the opportunity to to review. OK. So, the, the easeman is 1 ft.

00:36:10,370	to, to gain us the full 10 ft on that one side. And that’s great. I, I would love to, I, I would need time to look at those terms and the agreement, who’s it to? what are the, the grants? Those are all the things that we would review if, if for, there’s a cross-ac access agreement

00:36:25,270	between two parties. There isn’t. It’s just a plain and simple. But that’s what I would say. Yeah, when we would review that, we would look at the document, we’d better understand what does it mean? Is it recorded? Those are the types of things that we would look and review so that we don’t, uh, approve something

00:36:37,270	that can’t be constructed. So that can be done when you’re doing, when you’re approving the site plan. Uh, that component could be done and would be done when we’re reviewing the site plan. So we could still approve the special use permit today. The, the sex use permit is not conforming as proposed right here.

00:36:53,100	So I, I think it’s gonna be difficult to prove that. I guess from my perspective, so I’m, I’m just one of these members of the board here, um, but I would not feel comfortable approving something that is nonconforming on this piece of paper and you saying that you have an easement in

00:37:05,900	place and that not giving staff enough time to look at what that easement says. Is it even appropriate? Is there even a course that we can use try to get an easement in a, in a matter of two days. Wasn’t an easy thing.

00:37:20,870	So to say you don’t have time, I, I think that it’s very discourteous of me to to discount the last two days and the amount of effort I put in to get this easement to bring to you tonight and then nobody will even bother to look at it and say, OK, that makes sense.

00:37:34,230	So, uh, you know, I apologize that it may be we can’t read the easement and what it says on it because it’s fairly simple. um black and white. I, I have the space and I can do that, OK? So, that’s where you can improve the site plan later on and make sure everything’s there. My spouse use permit should be approved tonight.

00:37:52,330	But like I said, it’ll be a board decision, but thank you for your comments. OK. Thank you, Comm Schell Guys, it’s important that we, we allow businesses to grow in this town, and I shouldn’t be a hindrance for me to, to wait another 30 days, um, to have to do this.

00:38:10,470	And Kevin, I appreciate that and I can’t speak for the rest of the board or commission right now, but I can tell you that without that information in hand and having staff take a look at it and give us a green light. I don’t really see where we can approve anything like that.

00:38:30,700	I think it’s called common sense. You can look at it and say, gosh, this guy’s really doing his best cause I’m not an engineer, which I had to hire an engineer to do all this stuff, uh, you know, I had to get an attorney to go up and write an easement

00:38:41,370	in the middle of the night last night, and then bring it to you guys today to look at and say, gosh, that makes sense, OK? And we go back to it, you still haven’t answered my question about having 10 back tacking stacking spaces on my parcel. I have that. So I do meet all the requirements of this.

00:39:00,100	You might not like exactly where they’re at. but I have 10 stacking spaces, which is what is required in the ordinance. I have 10. so I don’t see where I haven’t passed the ordinance.

00:39:19,970	Scher Schwartz, could I, could I ask staff maybe to clarify the measuring of that, those 10 spaces, does that occur starting at the drive-up window or or where does the measuring have to occur in ordinance? Uh, Comm Schell Chair Commissioners, uh, it does start at the drive, uh, the pickup window is where we begin measurement for the stacking spaces. It does not state that in the ordinance. In the table, it does, yes.

00:39:40,100	In what table Again, I think this is something we need to take offline, Kevin, and get things settled with staff. I’m, I’m afraid you’re going to vote this down, and I don’t have time to let you do that.

00:40:06,970	because I need this done and I don’t have time to sit and wait. And that’s where if I let this thing go who it costs me money, costs me time, which I don’t have right now. So, to take this offline and wait a month isn’t acceptable. I was told Monday that there was an issue with this. I’ve been hustling my tail off to get things happen.

00:40:25,230	I was told at 4 o’clock on a Friday afternoon, then I needed to have a site plan. We hand drew up one and had it to him by Monday. Then I hired at the cost of $3500.

00:40:41,630	I hired an engineer to come in and drop up all this stuff for you then I’m told Monday that I’m off by a few inches. which I had already measured up myself and I didn’t realize that till the last moment. And then I went through and got an easement last night and today and now you’re going to put me off another month.

00:40:58,800	Maybe just to, I know, is there any type of a solution for this right now? Well, if I can offer a little clarification on it, so a, a site plan is a submit a requirement for the special use firmit and we received those when the application comes in, which was about over a month ago.

00:41:11,900	In this case, we did not receive one and so we worked with the property owner to come up with a solution and, and Lauren drew one herself essentially, um, however, during the course of the process, we determined it needed more detail, and then when that happens, we received this less than a week ago.

00:41:30,870	And so we’re, it was already past the deadline to receive the ipe line. So we, we’ve been working with the applicant to try to come up with the details we need for the the information we need for this, but we’re, uh, we do think another month is necessary for this.

00:41:47,730	Um, I do, if, if I can show the screen, I think I’m sharing my screen here and this is the ordinance, and it does state, as Lan mentioned, that it drive-through coffee shop must have 10 spaces and it start from the pickup window maybe being measured from the pickup window.

00:42:04,270	Uh, it also states up here that vehicle stacking lane shall be located completely upon the parcel of land that includes the structure they intended to serve. So our job is really just to make sure this ordinance is, is met and provide that information to you and we’re, we’re trying to use the information we have to do that. Thank you I think I’ve more than done my part. and gentleman, I want you to think about your own money.

00:42:24,000	at this time and, and whether you’d be satisfied with this. I think I’ve bent over backwards and really what, what is the intent? of of this ordinance here.

00:42:41,730	The intent is to make sure that there’s 10-foot space that there’s plenty of room, that it’s not causing problems with the neighbors and anything like that. I’m not going to be in the roadway. I have more than enough room for the cars. I won’t be in the roadway. I’m meeting the intent of everything that’s met here. I’ve gotten permission from the neighbor, written permission to to use it.

00:42:59,270	What, what is the whole reason for hassling me on this and costing me extra time and money. Is it really gonna gonna change anything at all? And the answer is no. So I’m asking you to just help a business out that’s trying to, to, you know, start a business here in this town. and make some tax dollars and do what we do.

00:43:15,870	And I understand there’s ordinances and there’s all these other things. There’s no great law being broken here. Thank you for your thoughts, Kevin.

00:43:35,630	App you guys look at me for a sec? Guys, this is a big deal to me, OK? This is money it isn’t a joke and it isn’t just something that can be put off a month. And I understand there’s people here where money is, is, you know, not a big deal to them. OK this is a taxpayer who pays lots of taxes in this town, asking you for a little help so I can get my business up and running.

00:43:51,070	OK? Thank you for your comments, Kevin. OK, I expect a yes vote, guys, and I appreciate it. All right, Commissioners, any additional comments from staff? And at this time, Chair. Thank you. All right. Thank you Commissioners this is a request for a special use permit and uh staff recommendation is to a continue.

00:44:20,970	What are your wishes I, I make a comment or. Certainly, cool. Uh. Comm Johnson. I, I’m, I’m just looking at the ordinance right now. I’m just trying to see where there may or may not be opportunities, but there’s there’s shared use agreements between two properties for parking.

00:44:42,870	but there’s not one for stacking so that doesn’t really give us an opportunity there. I’m, I’m struggling with this because I don’t think it’s going to be an issue. If he really has. the agreement of the adjacent property that two. use that 1 ft.

00:45:01,530	I, it’s, it’s not going to cause issues, but I can understand the concern of not not having time to properly look at and scrutinize a agreement. um I’m assuming that it’s a question, but can could a condition be that the easement is bound to be agreeable by the city, or is that an inappropriate condition? Daniel, can you address that Yeah, I mean, I guess I’ll just

00:45:28,000	say any, you can condition your approval of anything you’d like, um, and then we, you know, and what you could do is you condition that, you could condition that that such as special program will not be effective until whatever it is is met, um.

00:45:44,500	Yeah, that, that, that would be an option, um, if, if you would choose to do that. Thank you Commissioners, additional comments. Yeah, Mr. Chair. Yes, Comm Bitner. Well, I just went and measured this vehicle that’s in my garage. Oh, and that, that thing’s not even 8 ft wide. What, uh, you know, my truck’s not even that wide. I’m wondering where the 10-foot you know, it seems like we’re splitting hairs.

00:46:17,900	And I, I don’t necessarily feel that that’s fair to the applicant. And I think that if we did a if we did an approval contingent on the easement uh being acceptable, I wouldn’t have any problem with that. Thank you. Thank you, Comm Bitner Commissioner’s additional comments.

00:46:53,100	Comm Zent, you look like you’re thinking hard over there Chair, I, where is the um I know we started the, the starting point was gonna be where the window is, right? So where’s the window located on that? building Is it right in dead center or is it? Just a little ways over halfway through. Yeah. I think he’s got enough space, otherwise if it’s in the center there.

00:47:27,370	OK. Mr. Seak, thoughts. No, I agree with what Comm Bittner said, you know, you’re asking for approval with conditions if we meets the conditions, and we should approve it. Comm Wagen Thank you chair. Uh my struggle is the ordinance specifically says that it has to be on the parcel of the land.

00:48:09,070	and even with the easement that would not be part of the parcel and, and it is a city ordinance which is law. And the law requires for it to be within that parcel for the stacking.

00:48:34,070	and I struggle with that Thank you Comm Sivak Is there not a reason why we can’t move the building over or the building’s already there, right? Is that, oh, OK. Sorry, I was thinking there was not a building. No, it’s there. OK. Comm, additional thoughts Mr. Micchell, chair Schwartz, I would, I would suggest if there is a motion to approve with conditions that some guidance can be given to staff as to what.

00:49:01,230	the intent or the spirit is because if you’re given an easement into um Kriner Wongan’s earlier point, that easement still won’t satisfy the ordinance, so you’re still gonna be a spot that from maybe a staff’s perspective, it’s rejected because there’s not a direction or there’s a not an intent made

00:49:18,800	known by, by the board of what it is that you’re, you’re trying to accomplish. So, Mr. Johnson, if you run a parallel to the shared parking arrangement and then trying to treat this in that manner.

00:49:32,800	I think having something along those lines in the motion would be appropriate, or else it might just fall to staff as, you know, not really having anything too base on approval on besides the ordinance, which would obviously show that it’s not satisfactory and you’re then, then the special use permit doesn’t get approved because the easement cannot satisfy the ordinance OK, thank you, Comm Johnson, Comm, So, are you, are you saying that that seems to make

00:49:51,970	sense to look at it like a shared use agreement, or is that still not because that’s just parking, parking space is not really access or stacking. Sure, Comm, Chair Schwartz, Comm Johnson, I, I would think that I would view this similarly if there was uh to.

00:50:14,070	parcels that were were using the same drive vile potentially and one going this way and one going that way and, and they could operate in whatever way they would. Um but they might not be on their parcel.

00:50:28,800	I mean, there could be some scenario that the word parcel might be intending to say this should be all on yours as the intent, but really the intent is just within the stuff that you have access or control over whether it’s a common use area or an easement granted to you.

00:50:44,470	I think you could get into the what was the intent of the word parcel I, I think I generally suspect that was meant to be it’s self-contained within their sight. Well, if their site grows by a foot either through easement or through dedication or through moving the lot line, maybe all those are the ways to do it, but, um, I would, operationally, I don’t think it’s a that big of a deal based on what the, what the use of the other

00:50:57,170	building is that they’re not going to be also needing to operate in that same space. Uh, my primary concern with this first came through was that the neighbor doesn’t like this activity and throws a fence up there on the property line and you’re left with this thing that you really can’t fit a lot

00:51:09,900	of cars through. Um, that was my primary concern from the get-go. and that easement would have to be, have to endorse through any kind of property transfer. Comm, Comm Johnson, I’d be curious what the easement says.

00:51:26,170	Does it, does it preclude the ability to put a fence or some other obstruction on this thing is does it really get to the intent of kind of moving the line or not, um, if, if it’s an easement to use it, but the original owner still retains the right to put up an obstruction, then I don’t think that easement does fulfill this intent, but if the easement is a fear and clue, fear and clear.

00:51:38,800	Do easements need to be recorded on? plats or any other, other. documents. Comm, uh, Comm Johnson, we, we would anticipate that uh any easements are recorded against the property of the future owners are also aware of that.

00:51:58,500	Um, so if the form of this easement is a non-recordable format, that would be a reason that we, that the staff would say this is, it’s a good easement, but it’s not recordable. So therefore, you need to get a different version of this. So those are all the things that we would look at, um, during that review. Thank you.

00:52:14,500	One other question, sorry, but the two properties come to mind downtown that have some type of stacking function that use adult alleyways. and I don’t know how those got approved or maybe they’re just been there long enough that they just do it, but those come to mind as businesses that use something that’s not on their property um, for stacking.

00:52:39,070	in a more detrimental way than this does, but those are still there and they’re functioning fine. So that’s more of just a comment Thank you, Comm Johnson Additional thoughts, comments? Commissioners Sarah, we have a motion on the table, correct? No. We do not. OK. Well, staff recommendation.

00:53:15,330	is to continue What are your wishes I’m not sure how to word this, but I’m gonna, I’ll make a motion to approve with the condition that the easement be reviewed and approved by the city. looking at the opportunity for that easement to provide uh adequate access that is.

00:53:43,700	not at risk of going away and in the spirit of the shared use agreement of parking agreement. Second we have this our first was from Comm Johnson. Our second is from Comm Bitner. Any additional discussion, Commissioners. I’m not seeing or hearing any, sir, would you please call Roll? Comm Johnson, Comm Schell. Yes. Comm Seac, Comm Wangan, yes. Comm Zent. Yes. Comm Bitner.

00:54:21,500	Yes, and Scher Schwartz. Yes, the motion is approved. Thank you. We’ll move on to our item number 5, which other business is other business, uh and I believe Daniel is gonna bring us some information for uh changes to the commission.

00:54:42,100	Uh, just a brief update on, uh, new members of the commission that I’ll be joining in in January. Uh, so the city commission appointed yesterday 3 new members, uh, Kendra Taylor, Connor Swanson, and E Wangler. Uh, so I’ll let them introduce themselves next, next month, but, uh, they were appointed. They applied uh for this round.

00:55:00,070	Uh, Kendra, um, Taylor’s position will be taking over Daniel Lukins, which is a two-year term, because it was a, he had to, of course, he moved out of the jurisdiction, so had to step down. So, ah, that’s the remainder of that term, but the others will be two full terms.

00:55:13,900	Uh, the other piece of news that’s relevant to the body itself is the, um, the agreement for the extraterritorial area was approved by both the county and the city, uh, effective March 1st of 2026, uh, and so that, that does affect the appointments um by state law.

00:55:33,700	The representatives of the ET must live within the jurisdiction of the ETA and so, um, if there are any members who aren’t, are not within an ETA, then there may need to be a reappointment, but that’s at the Burleigh County Comm ’ s discretion. Um, we’re just letting everyone know, so there’s a couple of months to think that over and, and be ready for, for the march 1st deadline for that.

00:55:46,530	Um, I can try to answer any questions, uh, you have on that. Mrs. Any questions for Daniel and then? Not seeing or hearing any, Daniel. Thank you. Thanks. With that, then we’re down to item number 2, which is recognition of service for commissioners.

00:56:07,970	Paul Zen, Amber Larson, and Daniel Lukins in, uh, Paul, you and I have served on a couple different, uh, governing bodies before and um I am always appreciated your thoughts and input to the Commission, and uh I think I think it’s pretty safe to speak for everybody else and we’ve enjoyed having you join us in this.

00:56:27,170	I’m gonna read the resolution of appreciation that was put together, and it says, whereas Paul Zan has served as a member of the Bismarck Planning and Zoning Commission for the past 5 years, and whereas during this time he is represented the interests of both urban and rural residents of the city of Bismarck and Burleigh County, and whereas Mr.

00:56:48,430	Zent has given freely of his time expertise, and many matters in many matters considered by the Commission, and whereas during his term of office on the planning and zoning Commission, Mr. Zent has distinguished himself for fair deliberation and common sense decision making, and whereas Mister Zent will now leave the planning and zoning Commission. for a well-deserved rest.

00:57:19,270	Now, therefore, be it resolved by the Bismarck Planning and Zoning Commission that Paul Zent be commended for his dedication and his support for planned development of Bismarck and that the, the appreciation of the planning and zoning Commission be extended to him. Paul, thank you very much.

00:57:48,230	I guess a quick comment is the reason I’m not staying on and um. uh, we’re in the process of having a house built down in Florida. It’s not going to be a permanent home, but it’ll be a um.

00:58:06,600	go away home during the cold and stuff, I think, but with our two dads still needing us because they’re in nursing homes and such. Um, we won’t be gone for a long time, but I just didn’t feel I’d have the dedication and the commitment to attend every meeting, like I, I plan to, so that’s the biggest reason I, I like the position.

00:58:22,430	I liked working with all of you. Um, I had 31 years with the township and and work good with the city. So, um, yeah, it’s with mixed emotions, that’s for sure. So thank you everyone and thank you to the staff.

00:58:37,870	I got to say the staff is the best in the state and I’m definitely enjoy working with them too. So, thank you. Thanks, Paul. With that, the only other, uh, thing I’d like to say is that, uh, Amber Larson couldn’t be with us this evening, and I think I’ve already issued a thank you to Daniel Lukins, but I’ll do the same there.

00:58:55,530	We, uh, I think we’ve all appreciated their input to our, uh, commission meetings. They’ve done a great job and we’re very appreciative even though they couldn’t be here this evening.

00:59:14,800	And I have one other thing I wanted to mention, and it is for, since we have, um, at least 3 new commissioners coming on, uh, maybe more, that there will probably be a training session planned. Uh, I’ve asked Daniel to uh reach out and possibly in March sometime, would that be, we will put together some, uh, training for new commissioners and old ones too. So just uh have it in the back of your mind.

00:59:36,500	So thank you With that, our next meeting of the Planning and Zoning Commission is scheduled for January 28th, um I wish you all a very merry Christmas and wonderful holiday, and with that, I will, uh,