The time for waiting on a recommendation for Sundown Acres 2nd is over for the Burleigh County Planning Commission, and Wednesday it will have to decide one way or the other.

At its last meeting, the planners approved Gary Maher's motion to continue the hearing on Clairmont Properties LLC's proposed development, hoping to forestall a Burleigh County Commission decision on the subdivision's final plat. The proposed subdivision is 13 miles northwest of downtown Bismarck along the Missouri. It comprises about 42 acres and 16 lots.

Maher doesn't feel the county commissioners and planning commissioners see eye-to-eye regarding the development. The majority of planners feel Sundown is a far-flung development, which is frowned on by the county's comprehensive plan and will cost the taxpayers more of their hard-earned wages.

The county commission has asked city planning director Carl Hokenstad to issue a request for proposal to find a consultant to revise the comprehensive plan. No timeline on its completion has been determined.

"The county commission doesn't see things the way the planning commission does. That's why I made the motion," said Maher, a nine-year veteran of the planning commission.

Maher and planning commission Chairman Chuck Peterson want to see the 30-year-old comprehensive plan updated before any more decisions are made. Planning members Peterson, Maher and Eldor Goetz signed on to a letter recommending the Burleigh County Commission refrain from accepting all new subdivisions until a new comprehensive plan is drafted.

"Let's get a new comprehensive plan and see what the people in the county want to do," Maher said. "It all comes down to the comprehensive plan. If we have a new one, it will shed a little light on these issues."

But county commissioners have made it clear that they want a decision now from the planners. The commission went on record, saying that if the planning commission didn't make a recommendation at its November meeting, the county commissioners would take that as a recommendation to go ahead with the development.

"We don't have a heck of a lot of choice, and we'll have to vote up or down," Peterson said.

Peterson expects the vote to be mixed, but he feels the planning commission will recommend the Sundown Acres 2nd plat be denied. The matter will then be taken up at the Burleigh County Commission's Nov. 20 meeting.

"We (Peterson, Goetz and Maher) really believe the new commission should be making the decision, rather than the present commission," Peterson said. He said that today's election could provide a marked change in the county commission, with three commissioners up for election. "The new commission are the ones that will have to live with it,"Peterson said.

Burleigh County Commissioner Claus Lembke said he believes it's likely that the county commission will approve the final plat at its Nov. 20 meeting. Lembke will not be returning to the commission in December, having decided not to run for re-election. Commissioners Doug Schonert and Scott Johnson are both on the ballot and also are members of the planning commission.

"I'm positive they (planning commission) will vote against it," Lembke said. "But I think it has a good chance of passing for us. The majority of county commissioners will vote for it."

Lembke said that the commission can't wait for the comprehensive plan to be updated. It's unfair to the developers, who have waited for a decision. You can't apply new rules for acceptance of a plat when developers have complied with the old rules, he said.

"I'm really concerned about those developments that have applied for plats before a moratorium is called," Lembke said. "If there are no plans in the chute, well, then you can do those sort of things. But you can't make them wait for who knows how long."

The commission's approval of the Misty Waters development along the Missouri River, north of Bismarck, set a precedent for plat approval, which the commission cannot easily ignore, Lembke said.

When the plat does come to the county commission, Lembke said he wants to see a second access road added. He said he believes emergency providers have made it clear that the subdivision needs the road for secure access.

"I made the motion to continue the hearing on Sundown because I'm trying to look out for the interests of Burleigh County. I'll stand behind that motion, but we're being forced into a vote," Maher said. "I've heard that the planning commission is against development. That's not true; we've approved a lot of subdivisions. We're not against development; we're for good development. I'll vote against the Sundown Acre 2nd plat."

(Reach reporter Gordon Weixel at 250-8255 or gordon.weixel@;bismarcktribune.com.)