00:00:10,270	Good evening everyone. Today is Wednesday, July 22nd, 2026. And welcome to this meeting of the Bismarck Planning and Zoning Commission. With that, I’m going to call the meeting to order and ask Sarah to call roll. Mr. Bitner. Commissioner Johnson. Here. Commissioner Schell here. Schmitz. Sivak. Here. Swanson. Taylor. Wangler here. Chair. Schwartz here. Thank you.

00:00:50,900	Sarah. With that, we’ll move on to the first item in our agenda, which is approval of the meeting minutes for our June 24th meeting. Commissioners, what are your wishes? Move to approve. We have a motion to approve from Commissioner Johnson. Second, a second from Commissioner Wangler. Any discussion? Seeing and hearing. None.

00:01:18,030	Sarah, would you please call? Roll? Commissioner Johnson? Yes. Wangler. Yes. Schell. Yes. Sivak. Yes. Bitner. Are you there now? He’s muted. Oh, he said I, uh Swanson is now on to. Okay. Swanson. They might be having some audio issues online. Can they vote though. So we have quorum. Oh dear. Sorry. All the microphones in the room are on and are taking audio.

00:02:34,400	Uh, it appears to not be connecting to the zoom meeting. Uh, can I get confirmation from commissioners? Bitner or Swanson? Can you hear us now? Um. The. So five would be a quorum of the sitting seats of the Planning zoning commission, so we could proceed as is. All right.

00:03:28,830	That’s chair Schwartz one a minutes. Vote on the minutes. Oh, yes. Okay. With that, the motion is approved. Next, we’ll move on to our public comment portion of tonight’s agenda. And with that, I will open the podium for public comment.

00:03:54,600	Uh, knowing that, uh, the rules for public comment are you can you can step forward and talk about anything that was on the previous month’s agenda or this month’s, uh, consent agenda. So I’ll put out the first call for comment. Second call for comment. Third and final call for comment. With that, I’ll close the public comment period. We will move on to our consent agenda.

00:04:27,730	And there are, um, three items on our consent agenda. The first being updates to title 14.1, Stormwater Management. And it is a a text amendment, zoning ordinance, text amendment, and uh, staff’s recommendation is to call for a public hearing. The second item be in the consent agenda is William Blackstone edition update. And it is a zoning map amendment.

00:05:01,200	Staff recommends a call for public hearing and the final item, item C, in the consent agenda is Elkridge fourth edition update A zoning map amendment, and once again, staff recommends a call for public hearing. Commissioners, what are your wishes? A motion to approve. As presented. We have a motion to approve from Commissioner Johnson.

00:05:27,930	Second and a second from Commissioner Sivak. Any additional discussion? Commissioners. Not seeing or hearing any with that. Sarah, would you please call roll? Commissioner Sivak. Yes. Johnson. Yes. Wangler. Yes. Schell. Yes. Schwartz. Yes. Motion is approved. Let’s move on to our regular agenda this evening.

00:05:53,530	The first item, item A, is Paradise Valley third Edition. And I believe I is going to give us staff. Report. Yes. Good afternoon. Or I guess good evening, chair Schwartz and commissioners.

00:06:14,930	This first regular agenda item comes to us from EWR Bismarck, Paradise Valley LLC, who are requesting approval of a zoning map amendment from the existing RM 30 residential zoning district to the commercial mixed use and the R.M. residential multi-family zoning districts and a preliminary subdivision plat titled Paradise Valley Third Edition. This is located in South Bismarck.

00:06:35,770	As you can see on the screens before you along the south side of Burleigh Avenue between Rutland Drive to the west and Boston Drive to the east. Now, you might be thinking, or perhaps some of the folks at home are thinking, huh? I don’t remember seeing this zoning map amendment last month at the Planning and Zoning Commission on the consent agenda.

00:06:52,270	Also, what are some of these new terms like community, mixed use district? Well, that is because this item is following the new land development code process. As you remember, this was approved by the City Commission, the Land Development Code, in May, and it goes into full effect on October 1st. But until that time, applicants can opt into it if they want to.

00:07:10,500	This applicant chose to opt into the new process, so that means zoning map amendments go straight to public hearings. No prior consideration. Phase, including if it is accompanying a plat.

00:07:33,930	Because of this new process in the Land Development Code, and we’re using the term preliminary subdivision plat here, similar to a preliminary plat before, but we have the preliminary plat go to public hearing rather than a final plat going to public hearing, just so that you, as a commission and the public can see the big picture of what’s going on prior to some of the more technical details get sorted out in case any big picture obstacles can be seen.

00:07:49,930	So this new process is intended to help speed up some development cycles a little bit. Um, but again, they opted into this and it will go into full effect on October 1st. So with that sort of procedural background notes out of the way, this project area consists of about 14.

00:08:11,970	33 acres of land, and it is a plot of lot one block to Paradise Valley addition. Again, on the screens there. The area is currently one parcel, and the applicant intends to use the complete plat process.

00:08:29,030	Our new term for a major subdivision, to create a two lot in one block subdivision with the lines that you can see there in the two different color areas on the right hand side of the screen. Uh, the property is currently located entirely within an 30 residential district. Uh, the rough equivalent of what the LDC will call R.M. Residential Multifamily zoning. And then the zoning map amendment portion.

00:08:50,470	As you can see on the screens, would change. Well, keep the bottom of the the southern of the two lots of the residential multifamily zoning district. So roughly the same of what it is now.

00:09:10,530	But then that northern piece they are proposing to change to the commercial mixed use zoning district, um, on the proposed lot, if anyone has driven by there lately, there are some townhouse style units being constructed that was part of an approved site plan.

00:09:27,530	That site plan was approved last year, but that northern lot of the two and yes, you can see the the rough outlines of where the buildings are on that southern lot here. The northern of the two lots, the one that would be commercial mixed use would permit a combination of commercial and multi-family type uses, primarily apartment style multi-family uses, but some others could be permitted as well.

00:09:50,000	Adjacent uses to this particular project area include partially developed land on the northeast and south, primarily single family and two family dwellings, either uh constructed or vacant land that would most commonly see those dwellings there, and then to the west. There is some partially developed commercial land. As of right now, the plat area is identified as neighborhood mixed use.

00:10:12,070	In the future land use plan, which are described as the social and commercial gathering spaces for the immediate surrounding areas. The public was notified of this request via publications in the Bismarck Tribune on July 9th and 16th, and 45 postcards were mailed to owners of nearby properties on July 10th, 2026.

00:10:34,400	Additionally, a physical sign providing information to the public on the public hearing, excuse me, was placed in a publicly accessible spot at the project location. On July 7th, 2026. Planning staff did receive a or respond to an inquiry earlier today. Uh, a member of the public asking some questions, wanting to know what’s going on here, not necessarily in favor or against, but asking questions.

00:10:57,070	And other than that, one inquiry, to my knowledge, staff have not received any formal written comments prior to this hearing and therefore, as a cumulative result of all the findings contained in the staff report, City of Bismarck staff find that the preliminary subdivision, plat and Zoning Map amendment would not adversely impact public health, safety and general welfare and

00:11:16,530	that it is generally consistent with the city’s comprehensive plan. The Bismarck Code of Ordinances and relevant state law. Therefore, staff recommends approval of the Zoning Map amendments from the 30 residential zoning district to the commercial Mixed use and the multi-family residential multi-family zoning districts and the preliminary subdivision plat titled Paradise Valley Third Edition.

00:11:39,600	Does the Commission have any questions for me at this time? Commissioners questions for Isak. Isak, is there any buffering requirements.? There would be some, uh, buffering requirements between zoning districts of different uses according to the landscaping section of the LDC.

00:12:03,300	And that would be determined once site plans come in to make sure they are complying with all relevant landscaping or buffering requirements. Okay. Thank you. Again. Commissioners. Any questions for. Isak? I’m not seeing or hearing any. Thank you. Thank you. With that, I’ll open the podium for the public hearing is either the owner requester or a representative here to speak to this agenda item.

00:12:49,370	Good evening commissioners. My name is Hannah. I’m with Lowry Engineering. I’m here on behalf of Edgewood or the developer of this property. I don’t really have anything to add. Um, I think Isak covered everything pretty well. But if you do have any specific questions, I’m here to answer them as needed. So. Commissioners.

00:13:07,770	Questions for Hannah. I think we’re going to let you off easy this evening. Very good. Thank you. With that, the podium is once again open for anyone that would care to address this agenda. Item. And with that, I’m not seeing anybody stepping up. I’m going to close the public hearing for this agenda item.

00:13:31,070	Isak, any additional comments? No additional comments. Thank you. Chair. All right. Thank you. With that, commissioners, this is a request for a zoning map amendment. And staff’s recommendation is to approve. And a major subdivision final plat. And once again, staff staff’s recommendation is to approve. What are your wishes? I’d make a motion to approve this presented.

00:13:58,800	We have a motion from Commissioner Anchor Wang Wangler. Sorry about that. Second and a second from Commissioner Sivak. Any additional discussion? And I’m not seeing or hearing any. So with that, Sarah, would you please call roll? Commissioner Johnson? Yes. Wangler. Yes. Sorry. Schell. Yes. Sivak. Yes. Schwartz. Yes. The motion is approved.

00:14:24,470	With that, we’ll move on to item B in our regular agenda, heritage Ridge, second edition. And this is block one, lots 14 through 15. Uh, personal flex. And Jenny is going to provide us with staff report. Thank you. Chairman Schwartz commissioners.

00:14:43,130	Heritage development is requesting approval of a special use permit for personal flex structures and uses on lots 14 and 14 and 15 block one Heritage Ridge, second edition. The request is located in northwest Bismarck, west of North Washington Street, between 57th Avenue northwest and south of 64th Avenue northwest along the east side of Tyler Parkway. The property consists of 16.

00:15:05,070	5 acres with one parcel in one block. Personal flex buildings and personal flex structures. Uses are new introduced within the Land Development Code. They are defined as non habitable, non-commercial buildings used by individual or household or a household for personal storage, hobbies, craft work or private recreation and not open to the public.

00:15:26,530	Personal flex uses are intended for use by residents of the adjacent neighborhood. The personal flexes allowable in the ICS, the Industrial Mixed Use zoning district, and allowed um with approval of a special use permit within residential zoning districts. Our rural residential hours, residential suburban, our Am residential malt, and the RM residential multifamily districts. Based on specific standards.

00:15:50,530	Those standards are outlined in your staff report. This property with the adoption of the LDC and the official zoning map is R.M. Multifamily Residential. During the adoption of the LDC, the City Commission authorized applicants to submit new projects under the LDC prior to that formal effective date of October 1st, 2026.

00:16:08,930	That’s what we’re doing here today. The applicant is proposing to construct three personal flex structures within the northeast portion of their multifamily residential subdivision. Two of the structures will contain five units, and one structure will contain six units. A total of 16 units. The property has been identified as neighborhood mixed use.

00:16:27,430	In the future land use plan. This neighborhood mixed use areas are the social, commercial and gathering spaces for the immediate surrounding residential areas. Adjacent land uses include rural residential to the north across the unimproved 64th Avenue Northwest.

00:16:51,800	Single family residential to the east, multifamily residential to the south, and vacant EG zoned land and possibly developing residential uses to the west across Tyler Parkway. A notice was published in the Tribune on July 9th and 16th, and 31 postcards were mailed to the adjacent property owners on July 10th. A physical sign providing information on this public hearing and request was placed in a publicly accessible spot at the project location. On July 7th.

00:17:11,400	Staff did receive one inquiry regarding this request were concerns were made regarding storage uses within residential neighborhoods. The proposed special use was evaluated according to standards contained within our Comprehensive Plan Code of Ordinances and state Law. Specific standards for this use, outlined in the Land Development Code, are specifically noted in your staff report.

00:17:31,870	The applicant has indicated that the standards have or will be met during site development. I do want to make note of two items with respect to the standards. First, the drawings initially submitted showed a building height of 24ft nine inches. However, revised drawings included in your packet indicate a building height of 24ft five inches.

00:17:50,700	The maximum building height outlined for personal flex structures in the Land Development Code is 25ft second. The personal flex structures are located in the northeast portion of the neighborhood, adjacent to developing single family residential uses, which are situated above the structures.

00:18:14,000	Due to the site significant topography to account for this elevation difference, the applicant has requested an adjustment to the required level two enhanced Landscape buffer. The submitted landscape plan shown on your screen provides an alternative design that meets the intent of the Land development Code landscaping requirements and has been approved by both the City Forester and the Director of Planning.

00:18:31,000	As a result of the findings contained in your staff report, staff recommend that the proposed special use would not adversely impact public health, safety and general welfare and is consistent with our Comprehensive Plan Code of Ordinances and State Law. Therefore, staff recommends approval of the Special Use Permit for the Personal flex structures and uses on lots 14 through 15 block one Heritage Ridge, second edition. Do you have questions, commissioners? Questions for Jenny. Sorry, I.

00:18:56,100	Just one quick, quick quick quick. Johnson. Certainly personal. Um, no, this is kind of new. Seeing the new code in action now and wrapping our heads around it. What? In that. What makes it a personal storage versus a storage unit, I guess.

00:19:23,900	Is it the amount of units who’s using it or what’s driving that? Sure. Um, certainly the amount of units having to be on and within that neighborhood. And then the adjacent neighborhood using these, um, they’re not, to my knowledge. And the applicant is here as well as their consultant and consultant meant for folks throughout the community. These will not be businesses, nor will they be rented out for commercial uses.

00:19:44,170	Okay. Thank you commissioners. Additional questions for Jenny. Is there any such thing like that in Bismarck now? Not through this process, no. Use as personal use like that.

00:20:11,530	You know, there are storage units in smaller like maybe manufactured home areas that those folks can use those smaller storage units, but not similar to the scale and size of this development. Okay. If I if I may add to that, maybe the closest analogy to this is the variance that was granted to, well, I’m sorry, the plan unit development amendment that was granted to Misty waters by those boards.

00:20:28,070	You may recall the discussion about a year ago or so, and they were building storage units adjacent to that neighborhood. Um, once again, mainly for the use of those, those residents. Um, so that didn’t have the same types of restrictions that are written to the code, but it’s a similar. Thank you, commissioners. Again, I ask any additional questions for Jenny.

00:20:51,600	I’m not seeing or hearing any. Thank you. Thank you. With that, I’m going to open up the public hearing for this agenda item. Would either the requester or representative be willing to speak? Thank you. Chair Schwartz. Landenberger was once Hagan Engineering. Um, yeah.

00:21:11,000	Just to add on to what Jenny had presented and what Daniel had mentioned there, actually on this property already, the first phase had some oversized garages, um, constructed with it.

00:21:23,630	They had some of a residential component to them with the new zoning, uh, the new land development code were allowed to sort of push that a little bit further and get some storage areas for the people that are all living in this area. Um, these are obviously smaller row homes for 55 plus community. So a lot of them have items that they need stored somewhere. So here’s an opportunity to have it on the site with them. Um, but I can certainly answer any questions you may have.

00:21:38,930	Commissioners questions for Landon. Commissioner Wangler, What are the size of these units can be to, you know. Commissioner Wangler. Yeah, there are approximately 26 by 50. So 1300ft, right in that area. Commissioners, additional questions for Landon. Commissioner Johnson.

00:22:10,000	What what would stop somebody from just leasing this out to anyone, you know, is just having essentially shop condo type function right next to homes? I don’t think that’s the intent of what we wanted. That’s maybe not the intent of what you want, but what what stops somebody from doing that? Sure, Commissioner Johnson, so there’s a couple of items, obviously.

00:22:24,400	Um, a building permit for or excuse me, for a commercial license, unless something like that. That would have to go through the city. They wouldn’t be able to pull one of those for an operation in here, because it simply is not allowed within the zoning. Um, additionally, there is an HOA in place that will be managing some of this.

00:22:36,670	They’ll have to handle exterior insurance, things like that. So there’s a there’s a couple of levels that have to be gone through here. Uh, a simple storage is a lot easier of a, of a task for somebody to go through than some trying to run a business out of out of one of these units. Thank thank you, Commissioner Johnson.

00:22:51,770	Commissioners, additional questions for Landon. Landon. Is each unit going to have water and sewer then or how is that how are they going to be configured. Thank you. Chair Schwartz. Each structure will have water and sewer sent to it but not each unit. So there will be a shared service. Okay. Thank you again.

00:23:11,000	Additional questions for London Commissioner Wangler. You said a shared service, but individual, uh, toilet facilities in each unit. That’s correct. Yes. Okay. All right. I’ll ask again. Any additional questions for Landon? I’m not seeing or hearing any Landon. Thank you. Thank you.

00:23:37,830	With that, the podium is open for others that would care to address this agenda item. And I’m not seeing or hearing anybody jumping up. So with that, I’m going to close the public hearing on this agenda item. And Jenny, any additional. No thank you. All right. Thank you. With that, commissioners, this is a request for a special use permit. And staff recommendation is to approve.

00:24:07,970	What are your wishes? Make a motion to approve. We make a commissioner Sivak has made a motion to approve.. Second. A second from Commissioner Johnson. Commissioners, any additional discussion? Not hearing or seeing any with that. Sarah, would you please call a roll? Commissioner Schell? Yes. Johnson. Yes. Wangler. Yes. Sivak. Yes. Schwartz. Yes. The motion is approved.

00:24:37,330	With that, we will move on to item C in our agenda, which is Silver Ranch, fourth edition, block one, lots one and three. Uh, EMC sign and is Lauren. Jenny, you’re going to give us two? I’m gonna I’m gonna do my best to fill in for Lauren tonight and chair Schwartz commissioners.

00:24:57,000	Mann signs on behalf of Bismarck Public Schools is requesting approval of a special use permit for an electronic message center or an EMC sign at the Bismarck Career Academy at Silver Ranch, located on lots one and three, block one Silver Ranch, fourth edition A previous special use permit request for an EMC sign

00:25:13,130	for lot three was approved by this commission on August 27th, 2025. The property owner would like to have two pole signs, but would prefer to have that EMC sign adjacent to 52nd Street Northeast. Um. The property owner recently combined lots one and three into one parcel.

00:25:31,800	As such, a new special use permit for the proposed new EMC sign is required for this new parcel. The owner has noted that the existing sign that was originally supposed to have the electronic content will now be a static only sign. I should note that this property has been or will be zoned PCI. Public, civic and institutional.

00:25:48,330	With adoption of the Land Development Code and associated official zoning map, any PCI zoning district directly adjacent to or across from a public, across a public right of way, from a residential zoning district shall apply to all the residential standards for our signs. The proposed sign includes both static content as well as electronic contact.

00:26:07,670	The EMC signs are required to meet both dimensional operational and sign feature requirements outlined in our Land Development Code, again, as that residential component.

00:26:26,030	The proposed location of the sign is within a stormwater and drainage easement adjacent to 52nd Street Northeast and encroachment agreement for the sign was approved by the City Commission on June 23rd and recorded on June 26th of this year. The property has been identified as neighborhood mixed use in our land use plan. These areas are the social and commercial gathering spaces for the immediate surrounding residential areas.

00:26:43,570	Those proposed Special use permit would conform to the character of this district. The property is on the northern edge of the still developing Silver Ranch neighborhood. As such, it is mostly surrounded by undeveloped land that will likely be residential in nature in the future.

00:27:01,100	There are two residential rural residential properties to the south of the property, and farther to the west are existing rural residential properties. A notice was published in the Tribune on July 9th and 16th, and 31 postcards were mailed to the owners on July 10th. A physical sign providing information on the public hearing was placed in a publicly accessible spot. On July 7th.

00:27:20,730	We did receive one inquiry regarding this request, neither for or against just asking questions. No written comments were received. The proposed special use was evaluated according to standards contained within the Comprehensive Plan Code of Ordinances and State Law. Specific standards for this use are specifically noted in your staff report. The applicant has indicated that these standards have been or will be met during site development.

00:27:38,330	As a result of all the findings contained in the staff report, staff find that the proposed Special Use Permit would not adversely impact the public health, safety and general welfare and is consistent with our Comprehensive Plan Code of Ordinances and State Law.

00:27:52,400	Therefore, staff recommends approval of the Special Use Permit for the EMC sign on lots one and three. Block one Silver Ranch, fourth edition. Do you have questions? Commissioners? Questions for Jenny. I’m not seeing any Jenny. Okay. Thank you. With that, I’ll open up the public hearing for this agenda item is either the requester or a representative here. And I see there is.

00:28:24,170	Hello, commissioners with man signs. Uh, just here representing man signs and Bismarck Public Schools. If you guys have any questions for me, I’d be happy to answer. Commissioners questions are Shannon. Correct? Correct. Commissioner shell. Shannon, with this.

00:28:46,070	One being, you know, in inside city limits, but on the edge, there’s not any ambient street lighting on 52nd Street. So this is maybe a little bit different potentially than some of the other ones we have in our community.

00:29:01,470	Um, can you maybe talk to the the strategy on whether the sign will be have a constant frame in the evening hours or if it will just be turned off, or some of those elements that either going to be fine. But do you know how this will be operated just so we can have an understanding of what to what’s to come? You know, end of the day, that’s up to Bismarck Public Schools. Um, they do have an operational narrative.

00:29:16,530	That’s they sign that, you know, requires being next to residential, that they have to follow with that. Um, I can’t really speak exactly how they’re going to use it with that. Uh, Darren is here with Bismarck Public Schools. He may be to question a little better. Okay. Thank you. Thank you, Commissioner Michelle.

00:29:34,630	He says he’ll turn it off at night. Like I said, either is going to be fine, but it’s going to be. It’ll be really bright. I’m thinking. Yeah. All along. 52nd. Yep. Thank you. Commissioners. Additional questions for Shannon. I’m not seeing you’re hearing any Shannon. Thank you.

00:29:54,030	With that the podium is open for others that would care to address this agenda item. And I’m not seeing or hearing anyone jumping up to do that. So with that I’m going to close the public hearing. Jenny, any additional information? No additional information. Thanks. All right. Thank you.

00:30:14,730	With that, commissioners, this is a request for a special use permit. And staff’s recommendation is to approve. What are your wishes? Move to approve. We have a motion to approve from Commissioner Johnson. Second second from Commissioner Sivak commissioners. Any additional discussion? Seeing and hearing? None. Sarah, would you please call a roll? Commissioner Wangler. Yes. Sivak. Yes. Johnson. Yes. Schell. Yes. Schwartz.

00:30:43,500	Yes. The motion is approved with that. Uh, I’ll put out the question. Is there any other business for this evening? And I’m not hearing any. So with that, um, our next regular meeting date is scheduled for August 19th at, uh, 5 p.m. in the Tom Baker room.

00:31:05,600	I want to thank both staff and commissioners for your time this evening. And with that, I