00:00:11,670	Welcome to Mandan Planning and Zoning Commission meeting. As. You can see I’m not chair Robinson and bear with me if I screw up, cause I’m not going to be as good as he is so, um, but we’ll start with roll Call Vote, Nancy. Comm. laning. Comm. Huber. Comm. Mehlhoff. Yeah. Comm. Horn. Mayor Helbling Comm. Infeld. Comm.

00:00:50,830	McLean. Comm. B Miller. Comm. Smith. Comm. hammond. Comm. Gardner here. Chair Robinson. Thanks, Nancy, um and a B on the agenda is consideration of approval of minutes from the April 22nd 2024. Does. Anybody have any questions or changes? And move approval of the minutes. I’ll second OK.

00:01:40,400	I have a a first and a second and approval of the minutes from April 22nd 2024. Meeting. I need a real quick Roll Call Vote, Nancy. Comm. laning. Yes, Comm. Huber. Comm. Melhor Hal. Mister McLean? Yes Comm. Smith? Yes Comm. hammond. Yes, Comm. Gardner. Yes. Thank you. Uh, we’ll go into the public hearings. The first public hearing is consideration of preliminary plot for Longhorn.

00:02:21,230	The third edition andrew Good evening, Uh, vice chair. McLean Commissioners Allow me one moment here to make sure that my screen is showing to the appropriate tab. This is a request from Central Dakota Humane Society for an update of the preliminary plat for the Longhorn subdivision. In 2020.

00:02:42,500	There was a preliminary plot done for Longhorns second edition, and, uh, the subject plot that we’re reviewing this evening. Uh, just make some slight modifications to that plat, uh, upon recommendation from the, um surveying and engineering firm working on the project, it’s actually easier in scope to make this change via the plat process than it would be.

00:03:04,430	To go through A, uh, a vacation and rededication process. Uh, so, so that’s why this item is back. Location map or at the Humane Society’s facility north of Mandan in 1806. Just give one second for that to load. I have it up here on my screen. Um The property is in our CB commercial district.

00:03:24,530	And it was put into that district with the second edition Plat back in 2020. There was also a land use Plan amendment on as it had previously been identified for residential development on this property. So. That is where we are located. Um The change that’s being made is is to the access of the property. I’m showing the recorded Plat for Longhorn second edition.

00:03:49,030	This is an exhibit in your packet this evening. The previous, um Plat Longhorn. Second it restricted access on 37th Street here on the north side of the property. So that a 40 ft. Driveway apron could be constructed slightly to the East offset from where and still drive intersects with 37th. C DH S.

00:04:18,130	The Humane Society has gone through their site plan process and they do desire to line that driveway. Access point up with Enso Drive. And. That’s what this plot would do, it would adjust the access easement and the access restriction.

00:04:34,600	To go to the West slightly so that the center line events will drive is at the center line of the driveway. It’s preferred, um In, a an ideal setting to have those driveways and intersections lined up because it reduces conflict points on On the highway system so This would be the updated plot drawing. It reflects an extension of this access.

00:05:00,000	He’s been so that it goes further west to the new location, and it adjusts the non access restriction. To To be a new restriction where the driveway was previously to be located and to be unrestricted, where the driveway is to be located. Other than that. There are no other changes that the Humane society is going through a, um, expansion process.

00:05:23,530	At the moment that’s already gone through architecture review and things like that. So, um It’s moving forward and staffs recommending approval of the preliminary plat for Longhorn third. Do. You have any questions for me? Any questions for Andrew? OK hearing no questions from andrew. I’ll, Open it up to the public. Do.

00:05:58,470	We have any questions from the public? Again questions or comments from the public. Last chance. OK, we’ll close the public hearing. Bring it back to the commission. But having questions or I would entertain a motion. Mr Chair. I’ll move to approve the preliminary plot of Long Horn Third edition. Have, a first from Comm. Smith. Do.

00:06:34,100	I have a second Also, I I have a second So I have a first and a second two. Approve the Primary plot for Longhorn third edition first by Comm. Smith and second by Who did it? La Gang. Nancy Roll call vote. Comm. laning? Yes. Comm. Huber Comm. Mehlhoff Yes. Mayor Hill G. Comm. Smith. Yes, Comm. Hammond. Comm. Gardner. Comm.

00:07:12,630	McLean. That passes. We move on town to number two in the public hearings consideration of special use permit for one block one Bridgeview Bay Edition, andrew I sure um McLean new name. This is a request from Monty Linet Garlock. They’re requesting a special use permit for multi use shops on the property.

00:07:38,130	I’ll pull up a location map just to show its location. This item was brought to the commission. I think in January of this year, and at that time there was some tech issues and we weren’t able to have a public hearing on it.

00:07:54,130	Given the applicants inability to participate, But, This is the property on the east End of Mackenzie Drive here in our CB commercial zoning district and the future land Use plan does call for commercial uses on this property. While I. Move on. That’s just where the location map Is for this, uh, for this property.

00:08:16,000	The applicants are seeking to construct A three Structure 22 unit, multi use shop condo development on the property that would be intended for commercial and personal uses allowed by the city of Mandan Zoning Ordinance. This property has not been developed in the past, according to staff research, Um The area began developing in the late seventies and 19 eighties, but it Just has not, um, been developed.

00:08:36,800	There was a repla done in 2004, and it’s been in our CB commercial district since then. As I understand it. There was a a project that was kind of going in the mid 20 tens that stalled for kind of a mixed use, condo and Um Luxury project like that, that that for some reason stall. I don’t know the history of that.

00:08:56,530	Regarding the special use permit request. Um These are not a zoning entitlement on any property in man, and they’re typically issued on commercial properties or industrial properties.

00:09:21,070	I have reviewed, um according to the city’s use standards for special use permits and for multi use shops in general, and it provided a Um, a response in my findings of an exhibit number six, the applicant has stated How. They feel the project would adhere to the neighborhood and exhibit number two labeled additional submittal in your packet, so I’ll give you a minute to take a look at that.

00:09:40,870	Um, there’s two pages six questions that are asked of the applicant regarding, um The conditions that they plan to Proposed for the property and how it might impact or Relate to the surrounding area. So. That is what that exhibit number two speaks to those applicant statements. We can look at the renderings as well. Uh, the applicant might have Maybe more visually appealing ones.

00:10:10,670	I do have the ones that were submitted with, uh, the request for the site layout. There have been some changes since this was originally shown, um which staff does acknowledge the addition of landscaping, more, um, practical parking, as, um, as opposed to what was initially submitted, Uh, submitted.

00:10:35,470	These are Generally considered improvements to the site plan, I would say, uh, anytime there’s a higher level of detail. It’s appreciated. So. Um, While there are some concerns. We do acknowledge those improvements that were made to the site plan to get a greater sense of the Kind of what this will look like here.

00:10:54,070	If this is if this is to develop Um The top of your screen would be the East. The Missouri River would be here and the Bridgeview Bay. Would be on the left. So. That would be the north side of the property. The expressway. Um Would be on the bottom of the screen to the West. Of the site.

00:11:11,730	So as they are proposing it, there would be a mix of, um I guess what I would call conventional shop condos the overhead door. And. Then a few more, um Storefront character. Units that are on these end caps here that would face the marina Road southeast. Uh, right? Uh, right away in in street frontage.

00:11:35,070	The applicant stated that the units will have AAA height of 28 to 30 FT. As you look at it to the top of the roof. It’s hard to tell if any Phil is brought in to improve drainage. How how high it will actually look, but that’s how high the buildings will be above above the ground.

00:11:53,230	Um, the future land use plan for this property does and I. I go into detail a little bit more in my exhibit labeled, um Criteria for special uses and and staff comments regarding that, Um but in general, the future land use plan does support commercial uses on this property in the city is encouraged to consider the the site’s proximity to major

00:12:15,730	arterial roads. Um, the interstate highway system, for example, it has Of, high traffic counts, et cetera in in regard to what sorts of commercial land uses end up being developed on the property, given how much they might need to be be need to be by that traffic or or not So that would

00:12:35,570	be expanded on a bit and exhibit five. Here. To the north of this property. We have Uh, some commercial land uses zoned mix of CB commercial. Uh, we have some RM residential as well. And.

00:13:00,330	That would be the marina and restaurant use to the West is another CB commercial property to the Southwest, the multifamily property zone to our residential And to the south. There are single family homes and there are seven district I do have some floor plans as well and he’s got a little more sense of the Under, the form and visual intent. So as I understand it.

00:13:23,030	This would be, um, this would be the building that’s labeled as Uh, I think on the North side or Yeah, probably the North side, I. I. I’d let Wade or or the applicant um Further. Not necessarily critical that these will be similar to the north and south. But Uh, you would see from the center driveway and in the middle of the property, you would.

00:13:42,730	This is what you would see, Um from the outside, maybe, perhaps from the river. This is what a person would see. And, then from Marina Road, the the Frontages would look something like this. Um, with this being the the end unit fronting on the city’s right of way. And.

00:14:04,600	Then this side elevation here being the end unit fronting internal to the development so towards the back Of the development. So that would be Kind of a get you a sense of what the character of the site would look like. We do acknowledge some pretty substantial shifts in kind of the form of the development that are responsive to staff comments.

00:14:25,170	We you know, trying to kind of make the best of both worlds if this is to move forward, we do feel like the preservation of some sort of storefront component. Would help with, um, the incorporation of that future land use plan gold in the development of the site so that it’s something that we do, acknowledge.

00:14:44,130	And, um, see as a Kind of a a middle ground. We do have some concerns with the land use in general, but want to be cognizant of what is being shown to kind of address staff concerns as well. I’ve broken out, um, a variety of comments. That. I can go through in detail if you would like. But in general.

00:15:08,670	There are there are some concerns with the departure of the established neighborhood character with single family on one side kind of regional retail on the other. It’s perhaps thought that the future land use plan would maybe perhaps would would maybe better support? Um, a commercial land use that directly relates to the established retail and commercial node that maybe

00:15:29,670	provides a better benefit or neighbor benefit to the restaurant or to the regional retail or both? Um, shop condos don’t necessarily they’re not necessarily as uh, location specific in terms of needing to be on or needing to be visible from major arterial roads such as the expressway, So that’s um That’s the factor as well.

00:15:51,400	Um Some of the land uses within shop. Condos do depart from being commercial in nature with our land use plan, saying commercial land use is on this property. A lot of the things that are commonly, um Being done in the in the shop condos such as the man Caves and the storage.

00:16:09,100	They’re not commercial in nature, and we don’t really have a good mechanism as city staff to Keep track of that. Um So. Once. It gets started. It’s sort of difficult to prevent it from happening. On the property. We did have this as a goal area of the city’s ordinance study as you’re aware, which is underway.

00:16:34,130	Um, there are concerns in general about this form of development. The hobby shops, the shop condos and commercial zoning at all. Um, we think that there is probably some Some way for them to go, but Typically when compared to peer communities. We would see these in industrial areas only, and that’s um As of now.

00:16:54,030	It is a recommendation that the consultant has for us to consider is maybe perhaps moving shop condos to an industrial district only, as would be the case in Bismarck today. Couple more nitty gritty things buffering and screening requirements are necessary for a development like this, and the number of points that are required are not being met by the site plan.

00:17:17,400	This would be classified as other development and when someone wants to do something that’s called other next to a single family home. You need to provide six points of buffer and I’m seeing with what is shown three points of buffer.

00:17:39,270	Staff has some concerns with the use of open space on a neighboring property to fulfill the buffer requirement for Someone else’s land use. Um, to the tone of Not. Really supporting, uh, taking away someone’s ability to develop their property, according to the ordinance because of It being encumbered by an open space requirement that someone else’s development required. If if you need any clarity on that point, I can come back to it.

00:18:06,700	Uh, There’s also an impervious surface setback required for properties in the gateway. This is a property in the gateway to Mandan, and they do need to show a 10 ft landscaped buffer between the cities right of way line and their first impervious surface, so it would typically be referred to as a perimeter parking lot landscape or something like that, Uh, we use

00:18:26,730	the term impervious surface setback, which means that any impervious surface needs to be set back by a 10 ft of landscaping will be updating that to more. Language with our new ordinance, but the intent of it is for there to be trees and shrubs between Your concrete or your building and our right of way.

00:18:47,100	Uh some other comments, and this is kind of speaking to the traffic and Broader potential that this site might have relative to different land uses. Mackenzie drive will be extended across the Har River. It will continue to grow in traffic, and it will grow in viability for more commercial uses.

00:19:07,800	Um multi use shops is something that is kind of a Trending topic right now, and it’s difficult to use our city’s land use plan. To regulate shop condos because Mandan shop condo boom started after the city’s land use plan was adopted, so it really doesn’t speak to them at all. Um Kind of leads, leads us.

00:19:29,730	In a in a tough spot to figure out how to regulate them for new growth and new developments. It’s been shared that there Are some easement restrictions that need to be vetted for the core of engineers regarding the flood control for the Missouri River. And and that kind of characterizes some of the staff comments that we have regarding this request.

00:19:53,730	Um We did receive some letters from a from neighbors on this one. I think there were Two letters that you received in support from a neighbor to the south and to the Northwest. And. Then one letter that was an opposition.

00:20:11,870	I believe we do have printed copies if no one was able to read those Want to make sure I’ve covered my points here. So installation. Um, based on the findings in the in the special use permit packet staff is recommending denial of the request. Do. You have any questions for me? Questions for Andrew. And we do have Renderings up here. I think two If. The Commissioners want to share the questions for andrew.

00:20:46,600	Andrew, could you clarify what you meant about the six points of buffering as compared to three so the city’s ordinance when I can pull it up if you need but When you’re developing in the gateway, and there are two uses that are viewed by the ordinances and or it’s not complimentary.

00:21:04,930	Uh, it classifies them. 1 to 7 Point system. Single family is one other is seven and to develop. Seven by a one. You need to have six points of buffer in between.

00:21:27,730	You can accomplish a point of buffer with With one row of Conifers two roses, two points, the buffer and the opaque fence that they’re showing would be the third point. They are asking to use open space on the adjoining property owners. Property to count as the remaining points. Given, the special use proposal and that being someone else’s property. It doesn’t feel like the spirit of the city’s ordinance to permit the kind of encumbrance of someone else’s land to permit.

00:21:51,830	Your development to be able to move forward, and it seems like the intent is for the land use that comes along at the end that requires the buffer to be the property that needs to account for all of the buffer on it. So that’s what I meant by it. Andrew.

00:22:10,000	That would just be for the, um Of course in the Borders the R seven. Yeah I. I have a an exhibit up here. So. Uh, what is shown on here would be the the two rows of dense, Uh, planting and then for the fence. This is the property line here. Um, So, then the open space. On.

00:22:35,530	The neighboring property would be Used for the buffer points and I believe it’s like each 25 Ft of open space between Is considered a point. So. It would be point point point and then three points.

00:23:01,770	I have some concerns with How that kind of actually works in the long term and how we would keep track of knowing that someone else’s property was a buffer. Um I don’t know if the applicant And, the the neighboring property owner have worked anything out, but it’s it’s a concern of mine. Any more questions for Andrew. See no other questions will open the public hearing to anybody in the audience or online that wants to come forward.

00:23:33,830	Please state your name for the record and tell us what you have. Good, evening chair McLean and commissioners. I’m, not a public speaker, So forgive me. Uh, my name is Wade Vogel.

00:23:59,870	I am representing the Gores who are also here this evening and, um, been working on this project since, UH, December, the garlics purchased the project from the previous owners and would like to develop and do something with this with this parcel land, And, So. We’ve been going back and forth and trying to find out not only internally but from the neighbors and from other Stakeholders. What the right project would be on that parcel of land.

00:24:22,330	Um We Bend a couple pre planning meetings. Um Um, get some feedback early on and on. What the I think what the city wanted there and we made substantial changes to the original plot to try to accommodate that.

00:24:43,130	And so it’s a little disheartening today to see that we’re back to that again, so didn’t get any comments from the second time we went to the pre planning. Um, so this is kind of a News to me. I guess so, Um The garlics wanting to be good neighbors reached out to the to the surrounding, uh, businesses. Neighbors. They, uh, neighbors directly to the south, uh, reach out to tomorrow. It says Hey. Do.

00:25:06,630	You have any concerns? You have any thoughts presented showed them what was happening there? Um, they I think they felt it was a good fit. Um, I. Don’t really think the neighbors to the South want a bar restaurant there, and with all that traffic and noise and everything coming in and out of there, Um You know a strip mall

00:25:24,270	with a strip mall work there. A Strip mall is I think we all could under could agree it would fail miserably in that spot. There’s one area in one area out. I think it’s gotta be a destination business. That would be there. Um It. I’d like to also clarify. I.

00:25:41,330	Don’t when we first came in, Yes, it was probably considered a shop condo project because we thought more personal use and then after feedback from the city staff, um that it would be commercial. Um, we made the changes and, uh, commercial flex space is what we’re calling it now. City. Bismarck has it north on 83.

00:26:00,030	There’s a new projects going on up there. They’re all sold out before they’re even before they even get them off the ground. Fargo is doing it and Um, I know in Mandan. We also have commercial flex space. Um We’re in the salons on 40th Building.

00:26:20,870	That’s where My office is all so we built that and we have commercial and, um, shop condos if you want to call them where I utilize both. So. My office is in one area of my building and my shop is in another adjacent area. And. I’m, not the only person that needs space like that.

00:26:37,400	There’s other people that have asked for space like that that requires space like that. So, um Um, I guess my question. The question that we’ve asked a couple of times is if it’s not this what is it? What would fit in that spot.

00:26:56,700	It’s been sitting vacant forever and what we proposed here what we’ve planned here and if you look at the drawings that are that are sitting up there. We think it’s a nice addition to the neighborhood. The neighbors feel it’s a nice addition to the neighborhood. It would clean things up or just continue to be a boat storage area, and I don’t think I don’t think that’s doing the city any good.

00:27:12,130	I don’t think it’s doing the neighbors any good. Um, I, I guess. Um Like I said. There’s only one way in and one way out. And I think, uh, Putting something in there that it’s It’s you’re not gonna have that drive by traffic in that location. If. I’m going to see a a financial planner.

00:27:33,930	I’m going to drive to him and and if that financial planners in one of them spaces that’s fine If I’m going to look at kitchen cabinets and somebody’s got a show room and then an office out back or sh shop out back. That’s where I’m going. I’m going to that person, So.

00:27:49,470	I think there’s a need for something like this and the more people that we’ve talked to, and the phone calls that I’ve been getting, and we really haven’t shared this with too many people. There’s definitely a need for something like this. Um Another point I want to bring up is the six points of buffer. Um That Uh, Mr Sham. Alluded to earlier Um, I’ve read through it.

00:28:12,400	I’ve driven the areas where this where this is supposed to be, Um Where. This ordinance is supposed to be utilized. I can’t find another area. In man and where it’s being utilized, even though it’s on the books, um and six points a buffer on this lot would make the lot useless. If.

00:28:34,830	You had to add a fence, a berm four rows of trees, shrubs. I mean you’re you’re that lot’s not wide enough to support that, Um We think, uh, We feel the tree rose a couple rows of trees and a fence. Um Minimal lighting along the backside. I think we can.

00:28:58,800	I think we can be good neighbors without six rows of trees and fence and everything else? Um We again as as I drive around, And if you look at the areas where it’s where it’s asking for something like that, it’s a memorial highway Mackenzie drive 40th Avenue southeast from Memorial Highway to McKenzie and 46th Avenue Southeast.

00:29:22,870	Um there’s a lot of new construction that’s gone on in that area since this ordinance was written, and I haven’t seen it enforced in any other areas down there, So I’m asking for the same type of leniency for this. For this area also Um Any questions for me? Any questions for Wade. Mr Vogel. Sorry. Uh, Mr Vogel.

00:29:48,930	I have a A couple of questions on the on the plat and then the setbacks. Um, I’m Not sure if you’re the right person to ask or not, but On the East side. The Missouri Riverside.

00:30:10,330	Our survey plot shows, um, a 10 ft rear set back and I was wondering Is that from where is that boundary line at? Is it at the rip rap? Um and what is the boundary line? Is it agreed upon, not actually at the rip rap. We haven’t had the engineers, Uh, Swenson and Hagen has worked on this. They haven’t been down there, um, to actually do. The official survey survey on it, but it appears to me to be about 10 ft.

00:30:28,670	Inside of so if you ever drive down on that There’s a. There’s a a cut because the previous, uh owners, uh, brought in quite a bit of fill. That was all that was full of trees.

00:30:44,000	In there, they knocked all the trees took all the trees down and then brought, uh, quite a bit of Phil and spent let do you know how much money was spent on R there? 400 a lot of money to make sure that that lot would be Buildable, right? And. So. Uh, there’s a cut, and then it comes up. And, then that’s that’s from. That’s where we started Basically our Project, So.

00:31:05,970	There’s probably 20 some feet to the rip rap. OK? Um Another question was is the uh Morton County Water Resource district easement I know in 2016 that was amended where the Overall footprint was reduced. Um, but there’s currently an easement in in effect for 12,700 Square feet on this lot. And.

00:31:32,600	I think also, the the core has some interest in that easement area as well. And as Just wondering if Where is that he’s been on the, uh, survey plot. And is that going to move you back or I honestly, I don’t know. I’m not aware of that. But something certainly get with the engineers and try to figure that.

00:31:55,700	Any more questions for Mr Vogel. Any questions online? So. This can I ask, Um Another question. Just, uh, generally how, how it’s gonna be managed. I mean? Uh, like a regular condo association. You’re gonna have Bylaws. They’re they’re gonna buy the condos in fee. These aren’t rentals. Yeah. Good Point.

00:32:21,730	Thank you? Um yes, we already have drawn up. Uh, it should have been in your packet. I believe the condo declaration. It’s a Kindle Declaration from Missouri Landing Commercial Association. So. There’s An. There’s an association that would be set up that would take care of snow removal. Landscaping.

00:32:43,130	Uh All, the exterior yard maintenance, mowing and all that kind of stuff so they would pay into an association to be a private drive. We’d handle our own snow removal and all that kind of stuff. OK, thank you. More questions for Mr Vogel. Thanks, Wade. Anybody else in the public or online. Anybody else have something for the public meeting online or in the public. Last chance.

00:33:18,270	Okay, let’s turn it back to the commission. Any questions? Comments. When the commissioners Mr Terminal throw out a few comments. Um, when this first Came before us. I was not, uh Too keen on the idea of having sharp condoms on riverfront property.

00:33:52,000	Um and looking at what the changes have been made, and assuming it was constructed in a manner that has been presented to us tonight. Um From an aesthetic standpoint. It looks like a residential condo. Apartment you know from that’s gonna be facing the river as well as Um, the front is gonna be Commercial storefront, So I think from a steady purpose.

00:34:18,330	It’s Um, a lot different than What we were looking at in January. Um So I. I mean I’m open to, um Looking at this if we can, uh, make sure that we have the proper restrictions in place. Mm. Property next to them. Any other comments from the commissioners. I guess my comment, too. I’m. I’m pleased with the ecstatic aesthetic changes. However.

00:35:09,930	I realize that’s probably not really the purview of the planning and zoning commission, but rather maybe more of Architectural Review Commission and so it the the aesthetics. Um if, however, followed through on might help to drive those uses, But my concerns kind of lie with the the uses and so, um, I get concerned about the term shop condo.

00:35:29,670	I like the term commercial flex space or office. Condo is better. Are there any ways To put restrictions on uses so that it’s not just wide open CB. And and limitations on storage without, UM other active commercial use. Sure. He was that question You want have of andrew or just throwing it out there.

00:35:57,400	Um, it might be, you know, most appropriate for Andrew to address. But if anyone else has knowledge in in in that area, I’d appreciate any reflections on that. Yeah. Vice chair McLean, Comm.. He were I think the commission could do that by saying maybe no storage use could be permitted as part of the CB.

00:36:20,930	Um other non commercial uses, such as the man Caves could be, um, restricted as well. And and then just require bona fide businesses to be the tenants of the condo units. That’s not, um Communicated intent of the developers, so it would be something that they would need to know if they want to continue with the project.

00:36:39,070	Um I don’t think that the city and its moratorium on self storage developments really? Um, holistically said no more self storage in any form. Uh, so this is sort of a, uh A loophole, But, uh, a gap in what that covered so we did not necessarily lean into restricting it as part of it, although that could be thought

00:37:03,070	of as the intent of that action. So So? Yes. In short the Planning Commission could choose to do that. And it’s um Kind of Implementation of the city’s land use plan, which is primarily About how people are using property and what is going on on properties and not necessarily about what they look like.

00:37:25,130	Um There are things in the land. You plan about aesthetics, of course, but that is the main goal of the city’s land use plan when recommending commercial uses on this property is that it’s discouraging non commercial uses.

00:37:43,730	Um, so if if the Planning commission did want to do that, that would be my recommendation, Um, to say that it would be approval without maybe the storage or the personal, Um, recreation use. Follow that up. Would there be any concerns about any uses being too intensive, Um within CB, also for this type of property. Yeah. Comm. Huber.

00:38:09,800	I think, um We’ve had a lot of shop condo developments approved with the base zoning of CB in the Lakewood area. I Think Lake Lakewood Center has a base zoning of CB. There are other codes that, uh, restrict The intensity, So. It’s not a major concern of mine, um, such as building and fire codes that can prevent certain uses from penciling out in the shop.

00:38:31,130	Condo units, Um and then just there, their physical form sometimes limits the Um Endless expansion they sometimes as that incubator space that they are, they sometimes cap and then someone has to move out, which is a a perk of having them in in in the community in some ways is that they can be a lower barrier to entry place.

00:38:51,000	Um, to start an idea, so I’m not majorly concerned about that. Read. Something that isn’t Be more concerned about I think I Well and part of why I asked that question and just to share, you know, so this is probably 1517 years ago.

00:39:48,530	Something like that a very prominent main street building was being used as cold storage and and you know, now has has upwards of probably close to 2 million invested in it and is serving as a place for you know, probably close to 40 people to to work, but, um, there was a time when zoning code had to be used to an enforcement of it to change that situation of no cold storage being allowed, Um,

00:40:05,730	on on Main Street in that location, And so you know again, I think You know there’s always good intent, but as things change hands, you know that’s where I maybe would be be interested in something that That speaks to the intent of the land use plan that this be commercial in nature and and

00:40:20,770	not those types of uses that don’t have other economic benefit to the community. Any other questions or comments from the commission. We. We closed the public hearing Wade, but I, I’m fine if you got S That, uh In our declaration.

00:40:46,730	It says the condominium shall be shall be used only for the purposes as allowed by the zoning Ordinance of the city of Mandan. To address. One question and the second part of that is there’s no overnight parking. Location, so there will be no trailers. No vehicles outside. No. A couple dumpsters. That’s it. Thank you, Mister Ro.

00:41:09,700	I have one comment to, uh I think that I I don’t like hand tying a piece of property into OK. You only can put a McDonald’s in this property. I don’t like that they they bought this. They should be able to do something with it. Uh, I, I agree with the mayor when he says that I don’t think we can do too many restrictions. Who’s going to police. It is a good point.

00:41:25,200	Uh, I think their declarations that we can work with them and make sure whatever their condo docs are in place are their by laws. We can do it. I have a shop conned over behind Kiss livestock.

00:41:39,870	Um, there is overnight parking that we’re trying to get rid of, Uh, but there’s also some pretty good businesses that really Do a lot for the community in regards to you. There’s one person I know that I think is like one of the North American lead bug sellers in the world. There’s something I He sells bugs out of two shop condos, and I know that jazz revenue to our city, too. So.

00:41:56,400	That’s just one of my comments. Do. You have any other comments from the commission? I will entertain a motion. Oh Mr Chair. I’ll move to approve a special use permit for lot one block one Bridgeview B addition.

00:42:27,800	Um I’m not gonna put any express conditions on it other than like the record to reflect that the statements of the applicant pertaining to the covenants and the over or no overnight parking And so forth. We have a motion from Comm. Smith to approve. Uh, the permit special use permit for lot one block one bridge you bay.

00:42:52,900	And in the minutes, he would like it stated that the Covenant state that there’s no overnight parking is that kind of Oh you wanted to read Comm. Smith. Um, that the record reflects that, Uh, the applicant statements pertaining to the covenants and no overnight Parking And. Other necessary restrictions that, uh, work out with the city planner. I second that So. We have a first from Comm. Smith, the second from Comm. Gardner.

00:43:22,670	To approve the special use permit for lot one block one bridge view. Addition Bridge you Bay Edition. With the record stating that the property owner has covenants in place about over overnight parking. They’ll work with the city to make sure they’re OK if they’re ready. Andrew Commissioners just for the group’s awareness.

00:43:45,530	This would approve the use, but not the site plan. The the buffer is not something that I could administratively approve or that you can administratively waive, uh, the landscaping not being shown in front of the building is not something that they can choose not to do because the city has not been consistent in its enforcement of that over the years.

00:44:01,630	Uh so I just want that to be clear that with this approved staff, we will continue to pursue a six point buffer or advise them how to get around that through its zoning variances, But that Not. What is being considered tonight.

00:44:18,900	It’s a special use permit and you can’t approve a special use permit, Ignoring The code issues that aren’t addressed with the site plan. So There are still some things that are going to need to be worked on, and I just want it to be if we’re talking, putting stuff on the record, I will be working. Make sure that these things are addressed so that when it is developed, those ordinances are in place.

00:44:33,130	This is a special use, and it should not be considered. Um, because someone got away with something that we’re not going to go after. What the city ordinances are that are in place, so Without. I mean just that being said. It’s the use, but there are still some things that are going to need to be worked on.

00:44:51,400	Do. You want that part of the motion? Andrew, Do. You want it to have in there that you’ll work with the developer to get the part of the most of it, But I just wanted that to be clear. I think that’s what craig was mentioning.

00:45:04,100	I wanted to kind of expand on that that that’s sort of something that’s really not accounted for, and Um Would potentially prevent the the use from being constructed or that South building from being constructed, for example, until that’s dealt with So. Basically, you’re saying that They’re either gonna work that out.

00:45:26,530	With, the city and, uh, a joining landowner or they are gonna have to come back for Variants, we we? I mean we’ve done a better job. Aves here. We’ve been trying to crack down on these ordinances that have been in the book since 2006 and Very inconsistently applied by the city. There isn’t someone in this room who’s more familiar with its application than myself? Um They’re written on the books.

00:45:44,670	We have to use them if they’re there. And. It’s. It is ultimately a best practice. It’s something that’s going to be recommended out of the outcome of the zoning ordinance is still to have buffers and still to have parking lot landscaping. So, um, regardless of its inconsistent application across the city over the years, which I appreciate it being identified.

00:46:01,230	It’s something that we are very well aware of, um This would primarily, just be about the use, and there are still some things that need to be dealt with. So.

00:46:15,230	You you We can approve this motion with the city used to special use permit, But then they may have to come back for a variance on the buffer zone or you’ll work it out so that it doesn’t have to be a variance. Yeah, I just want it to be that the expectation is that those are still things that are going to need to be addressed at the site. Plan level. OK? Yeah. Does that make sense. Comm. any questions on that? OK here.

00:46:32,230	None Roll Call Vote, Nancy. Comm. laning Yes. Comm. Huber Comm. Mhh. Yes. Mayor Helbing. Comm. Smith. Yes. Comm. Hammond. No. Comm. Gardner. Yes. Comm. McLean. Yes. All right. The motion does pass. Uh, thank you again for your time in this, and, uh Please do work with Andrew on this.

00:47:09,670	We’re gonna move on to, uh, D in our agenda and code. Study Update, andrew Already. Um, we have been working on this for quite some time. Now. It looks like the staff report didn’t make it in.

00:47:28,200	The pack that we’ve kind of been working out some kinks with our new agenda software, so I’ll just give a verbal update on it. As. You know the project started in probably late fall of 2023 the things that we’ve gotten done to date are that best practices analysis. We’ve been given a kind of a summary of the survey of really pleased to share We had well over 500 responses to the survey.

00:47:49,000	I think just under 600. We use that. Best practices summary. We also used the first couple meetings with the working group to inform initial direction. Uh, that we’re gonna go with things I have been provided with a couple drafts of ordinance text, which is sort of exciting.

00:48:04,570	I’m Sure you guys are interested in taking a look at that, eventually, the order of operations that we’re going with is that staff is looking at it first. We are the kind of the most acquainted with it, Then. We’re gonna take it to the working group and then we’ll bring it to you. We are taking an outwards in approach with the project. So.

00:48:18,700	We’re starting with the developers project on the edge of town or the developers Plat and will eventually work down to the property rights in the zoning. Uh, So what we started with is Section 109 of the city’s ordinance, and that’s what we work with with new developments for determining right of way and street with lo sides.

00:48:36,000	Block length. Um, a A big topic there that that we’ll be looking at will be access access restrictions We’ve had concerns from, uh, city staff and developers about uncoordinated driveways, causing issues for safety for snow removal, et cetera. So. We’ll cover that with this topic.

00:48:56,730	We’ll also cover a big, um A Big one that we’ll need to lean on the park district for which will be open space and land dedication for new subdivisions. What we currently have in place for park dedication is a payment that goes with the building permit so the developer can construct their subdivision and then the future.

00:49:13,400	Contractor or home buyer actually has the burden for the park dedication fee and we’re considering switching to a developer at the beginning of their project, maybe having to Um, as part of their project, maybe dedicate some land or provide a payment and not put that on to the Mandan resident or that contractor at the end of the at

00:49:31,530	the end of it, Um We just kind of done some reverse analysis and we’re a little bit deficient in how we’re going about these new park developments. So that’s gonna be a big recommendation out of this plan will be for new developments in parks and new developments within 109.

00:49:49,670	We will also be looking at removing some of our landscaping ordinance from 109 and putting it into 105. So that’s gonna be A big part and, uh, kind of speak to some of the Obscure language and kind of incomplete statements that we have in the ordinance for landscaping today, So that’s really what we’ve covered.

00:50:08,270	Uh, the next couple of steps that we have with the project are to get all of our feedback to the consultant. We’ve already done kind of some steep, some deeper dives with staff here. Public works and engineering staff, primarily with those new subdivisions, et cetera. Uh, we’ve also brought in the NPO and some different partners that speak to Metropolitan Planning organization.

00:50:28,800	I should say. That speak to you things like Trent, long range trans transportation planning, and they can kind of endorse some of the concepts that have been baked into that initial ordinance. But Before too long. We will have some of this in front of the planning commissioners. We will also bring this back to the public.

00:50:43,330	We’re working on some small group surveys with the home builders with, uh different developers in the area, surveyors, et cetera. So that, uh, we can kind of front load some of the red flags to the greatest extent possible. Um, we are planning to have a couple in person. Public engagement events coming up this summer.

00:51:05,130	Uh, probably taking advantage of some of the summer events to be able to do that, and Also be working on some updated surveys, leveraging some of the city’s survey capacity to kind of just get some of our hot button questions out there.

00:51:27,400	We will also be taking a deeper dive into 105, which is primarily where, uh, the zoning ordinances So, You’re setbacks. Your, um, allowed materials allowed uses etcetera are all going to be baked into there And and that’s where we’ll maybe move away from what we have to, um, a new organization for how users kind of manipulate the code to find information.

00:51:46,930	So That is kind of the next couple, Uh, weeks and months with the project. I anticipate that, uh, given the Forecasted lighter June planning agenda that I could come back with some text to walk through with you. Um what I would like to maybe do is Kind of walk through the core concepts of it here with you.

00:52:05,370	Maybe pull out some of the big changes as things that Maybe give a little nod in my stomach as I read it, Uh so that you guys are all aware of that right away with some of the things that are going to be a little bit of a bigger lift in terms of what we change away from for like I said, Park

00:52:18,800	dedication. Make sure that you guys are fully clear on how to read this all. Um and then give it to you as some homework for some time, uh, for any commissioners that are interested in providing their comments on it to get back to us so that We have any ideas of what your concerns might be so

00:52:36,870	probably at the June meeting is when I would anticipate to actually have like new ordinances to give you guys for your review, and then we’ll probably just kind of rinse and repeat what that process throughout the rest of the summer as a reminder for the timeline, the project is contracted to wrap at the end

00:52:53,930	of the year. We have some options to extend it if we need to, but with how we’re progressing, I think we’re doing pretty well. So. I. Don’t have any, uh, really major concerns with how it’s going, It’s. It’s been a lot more to manage than I kind of originally expected I.

00:53:09,530	I love to take on a lot of stuff and do a whole bunch. But. It has, um has been a lot so I’ve been trying to make some more time available for that project, given its Kind of a Legacy importance and I Now.

00:53:26,230	I need to kind of get back to some of the more day to day tasks, but that’s sort of what we are up to, as we kind of go with it. Um, do you have any questions for me on how it’s progressing? Or, uh, any concerns with what I’ve outlined for next steps, if not Questions for andrew. Thanks for taking it on, Andrew. Wonderful. Thanks, guys.

00:53:46,700	Uh, thank you, Uh, for bearing with me as I fill in for chair tonight, but I will take a motion for adjourn. So moved All those in favour of the journey, say ay. I Thank you