00:00:11,900	zoning Commission meeting for July twenty-eighth to order. Roll call please. Comm Laing. Comm Huber. Here Comm Mutter, Comm Horn. Yeah. Mayor Frelich Here Comm inelt. Comm McLean. Here Comm Smith. Comm Hammond. Comm Gardner. Comm Renner, Chair Robinson. Next item we have a copy of the minutes from our June 23rd meeting.

00:00:54,230	Are there any changes? Jerry Robinson, I can move to approve. I’ll second. Motion by Comm McLean, seconded by Comm Hammond to approve the minutes of June 23rd. questions. Non Rocavo please. Comm Langing Comm Huber. Yes. Comm Horn, Mayor Frelich. Yes. Comm Infeldt, Comm McLean. Yes.

00:01:40,830	Comm Smith, Comm Hammond, yes, Comm Gardner, Comm Renner, Chair Robinson. Yes. are approved, uh, we’ll move on to the first of our public hearings. Item number one, consider estate’s 3rd edition Final Plat. Rachel Good evening. Um Remember how to use this. Not And CC agenda, the agenda pulled up.

00:02:26,500	OK, um, so this is a final platform for Shopstate’s 3rd edition at 2392 37th Street. Um, so the planning and zoning Commission tabled the preliminary platinum zone change request at the May 28th, 2025 meeting, and they recommended approval of the preliminary and zone change request and special use permit for a lot 2 at the June 23rd.

00:02:44,030	2025 meeting, the city commission then approved the preliminary platform zone change requests for a lot 2 and special use permit for a lot too at the July 15, 2025 meeting. So this is now the final plot for the shop estates 3rd edition with lot one containing 6.33 acres, zone CB commercial and Lot 2 containing 2.

00:03:01,170	84 acres with a contingent zoning of our 7 residential and a contingent special use permit for the parking and storage of a personal use commercial vehicle over 2.5 tons on a residential property. Um, the residential property on lot 2 will contain the existing shop at home and lot one is currently vacant.

00:03:16,700	The second reading of the zoning ordinance for lot 2 will be on the August 5th City Commission, um, agenda. The Platt has not changed since the preliminary plot, um, so all the information in your package should stay the same, um. And all technical requirements for approval of final plot have been met.

00:03:41,700	It does align with the future land use plan and other plans. It’s not located in the special flood of hazard area. Thank you. Um And is consistent with the general intent and purpose of the zoning ordinance with the master plan and would not adversely affect the public health safety in general welfare.

00:04:00,000	Um, so city staff does recommend approval of the final plot for Shafaate’s 3rd edition. Questions for Rachel. And do we have any questions? Questions for Rachel. But now I’ll open it up for public comments or questions on item number one. Comments on item number one. One final time, questions on item number one.

00:04:50,370	I don’t know, clothes public comment and return it back to the commission. Mr. Chair, I’d move to recommend approval of the final platform for officeate’s 3rd edition. Second. Motion is to recommend approval of the final plat for shops, estate’s 3rd edition motion by Comm Smith, seconded by Comm McLean. questions. Non Rocavo, please. Comm Langing Comm Huber. Yes. Mr Comm Horn. Mayor Frelich, Comm Efeldt Comm McLean.

00:05:37,030	Comm Smith, Comm Hammond, yes, Comm Gardner, Comm Renner Chair Robinson. Yes. Motion is passed. Onto the second public hearing, uh, consideration of a special use permit for 2510 40th Avenue Southeast. Rachel.

00:06:05,930	OK, so this is a request for a special use permit unlock 1B, Block 1, Lakewood Commercial Park, 3rd edition, 4th replat, and I’m going to pull the map up. Um, this is the zoning map. OK Um So it’s currently a vacant lot on CP business commercial. So the applicant has previously had a special use permit denied as a request, um, because it included a city owned lot to the east, which is This lot here.

00:06:41,170	Um Which bordered residential neighbors which had concerns, um, who had concerns regarding the appearance and impact of the proposed development. The new application does restrict the use to the applicant’s property along 40th Avenue Southeast and does not utilize the city-owned lot. um, the property is owned CB commercial, as are all surrounding properties.

00:06:59,530	So the applicant is requesting a special use permit for shop condo development, which is defined in Mandan City code as a multi-use shop, um, is two or more attached units that are designed and constructed as a single structurally dependent building or designing and constructed to allow individual units to be structurally independent.

00:07:18,100	from each other, sharing a common wall on one or more sites. These are sometimes referred to as shop condos, and then it goes on to explain how they’re unique from a twin and row home, um, and from a commercial strip mall.

00:07:31,400	So, um, the code does note a few items that should be reviewed. And so Um, those items are listed in your packet, but I won’t go through them, um. The Relevant ones that I wanted to talk about or that the Codes Covenants and restrictions and other forms of recorded agreement approved by the city attorney shall set out at a

00:07:56,430	minimum provisions for access and responsibility for costs of inspections related to the fire suppression system, if any. Um, as well as number 4, which talks about changes of use, um, which need to be reevaluated through the special use permitting process and the structure needs to meet all building code requirements for that desired change of use.

00:08:16,200	Um, so then there are, there is information for the special use permit application itself, which, um, the applicant provided answers for in their packet. When staff reviewed this and the associated site plan, which you can see here, um, The main concern staff had were regarding potential future declared uses that have not been declared, um, via

00:08:44,970	application or any other documentation at the moment. Staff has also not seen a detailed landscaping plan which could assist in determining compatibility with surrounding residential and lighter commercial uses, um, as seen on the zoning map, all of the surrounding uses are CB, but they are right now less intense uses.

00:09:07,430	Um, staff recommendation is that if approved, the applicant provides a detailed covenant and use agreement to the city with their building permit and their mark application, as well as detailed building and landscaping plans at that time. Um In the packet you’ve got the, there is an error under the recommendation and suggested motion.

00:09:27,170	There was a just like a holdover from a previous, um, Previous version there is in front of you all the. Proposed recommendation in motion which notes, um, that Planning board should review and make a recommendation based on the findings in the packet, um.

00:09:49,630	You also have in front of you a note from the Mittighters who are the applicant, um, that they sent in this afternoon, um, which is why you’re just getting it in paper now, um, and it does have a proposed potential Covenant agreement.

00:10:09,400	Um, I believe they are also here to talk about that, um, so again, those are The staff items that we’ve noted um as far as as that conditional. Um, the conditional uses and the, the special use permit go, um. And I can take any questions. Questions for Rachel. As to the Rachel, as to the city lot.

00:10:37,100	Um, you know, the last hearing we, we saw the topography of that and. Um, a large portion of it is pretty much a drainage area. And I don’t, not sure what the value of this lot is to the city, but with this development completely restrict access. Land like that Lot Um, I believe that it would.

00:11:08,100	So let me scroll up to that map, um, it would potentially restrict access to it, yes, but at the moment that’s not Significantly changing the way that that lot is at the moment. Rachel, whatever, if we do recommend approval. Do you want that in the motion, the detailed covenants in use in there as well.

00:11:36,300	Yeah, the note that staff had under um the Staff review on page 25 of your packet, noting concerns and then recommendation I’ve approved that the applicant provide a detailed covenant and use agreement with building permit and Mar application as well as detailed building and landscaping plans. I would say that those are fairly essential to making sure that this development would fit in with the surrounding neighborhood.

00:11:53,900	Um Which was again, one of the concerns with not having that at this stage. OK. Chair Robinson, uh, just. Because I’m new to bring me up to speed. What can you explain a little bit to me what Did the applicant request the shop condos when most everything around there is all residential and what was the letter that

00:12:19,770	Andrew had sent or the email that Andrew had sent that it isn’t. Able to be residential? Can you clarify that a little bit. I, I guess I’m, I’m struggling a little bit, you know, if, if the applicant is requesting shop condos, that’s fine, but if they were kind of

00:12:35,570	forced into it instead of being residential, how come that one area is not allowed residential. So see the, um, is a commercial district, so if, for example, the, the Middlighters were doing a, a typical strip mall, like a commercial development, they could do that without going through the special use permit process.

00:13:00,770	But could it be residential also though? I don’t know. I don’t know the answer to that one, to be honest with you. I, I believe it could the remainder of those properties are, but I have not looked at that piece of the code in detail. I don’t have a great answer for you.

00:13:15,700	I could certainly look at it and get back to you. OK, just one other question, Chair Robinson, going back to what was previously asked. Is the city’s lot going to be completely landlocked. What is the city’s plans for having access to that lot in the future.

00:13:38,800	I mean, I understand we can’t hold the applicant to allowing the city access to that lot, but what’s the city gonna do with that lot if there needs to be any kind of mowing or weed control or anything like that. How’s the city gonna get to that? So I can let, um, City administrator Neubauer answered that question, but I will note though that, um, right now there’s no access to that lot.

00:13:58,900	Right, I mean, like they, they could choose not to allow the city through that lot right now, so. Um, but I can let Thanks, Rachel. Um, K. Robinson and Comm Renner, I think, um, I think that a lot came back to the city for back taxes or something like that.

00:14:26,630	That’s how we acquired it, um, and like Rachel said right now, there is no access to that for us. I think it’s been a. A handshake agreement says, OK, you can come across our property and do mowing and whatever you need to do and good clean up, um. We know that there are some parties that are interested in potentially acquiring.

00:14:41,700	The city lot right now and it’s part of that agreement I think then we would have an access agreement. Through that. The potential buyers. Of that lot. Of the city owned lot. somebody to Charenner or Chair Robinson and Comm Renner, I believe it would be all right if someone. Yeah, right now. We don’t have any access to it.

00:15:21,870	So if someone were to come on and want to buy the city’s lot and has an adjacent property, then we would work out those details with, with those future buyers.

00:15:36,730	I don’t think it’ll be someone that is totally unrelated whether it would be the midlighters or whether it would be another party, it’d be as part of that, it’s like, OK, we need access if unless um someone else is gonna clean up those lots or do the mowing and spraying and things like that. Yet to be determined is, I guess, the best answer there.

00:16:08,170	Any other questions for Rachel? With none at this time I’ll open up for public comments or questions. We’re taking comments or questions on item number 2. Good evening. My name’s Steve Mitleiter. This is my wife Erica Mittlighter, and we’re the owners of the. Lot located at 2510 40th Avenue Southeast.

00:16:33,370	Um, some of you, we met some of you, I guess a couple months ago, um. So this time we actually um. did bring uh Jason Lannin with Swenson Hagen and Company just in case there is some more questions that need a little bit more, um.

00:16:55,100	Expertise, I guess, then we can offer, so please feel free to ask them any questions too. Um, just a little bit to, uh, Comm Renner, just to talk a little bit about, um, like that residential situation. Um, so my wife and I, we originally, um. Or like a job that what we are looking to do. Is the reason why we purchased this lot, that is zone CB.

00:17:18,670	Is, uh, we have a seven year old, 4-year old, 1 year old, lots of kids come over and play. We actually got into, um, wanting to get into business for setting up play sets for kids. Um So we actually looked for.

00:17:38,370	A CB like a lot that would allow an office for us, but yet we would like. We’re going to like purchase, we’re gonna have like 5 of the most common, um. Displays that that that roughhouse play sets offers, so our, our intention was, you know, during the winter, families can come in, um, they can see this rather than trying

00:17:58,230	to make a Educated guests on a computer screen or a pamphlet or they come in and they see this. We have an office, we can, you know, sit down with them and basically we line up our summer’s work.

00:18:19,430	Um, We talked to Sarah, the next door neighbor that owns the preschool, um, about purchasing that lot and she liked what we were. Trying to push forward, so, um, and so, you know, they own a lot and they’re also the neighbor to it. They supported what we are presenting. In the meantime, uh, several people, um. Finding out that we’re the owners, they’ve reached out to us expressing interest.

00:18:39,170	While asking what we’re doing, you know, with it, and then they expressed interest in. Possibly trying to bring their businesses there. Um, one of them is our neighbor. That’s how we ended up talking. She’s a chiropractor. She changed her lease, uh, 2 times now, moved her office several places, and she’s a chiropractor that’s really focused on.

00:19:02,700	Teaching our clients like movements, stretches, lifts like techniques to help themselves, it’s not like they don’t just come in, get cracked and get pushed out. So she said that location would be perfect for her if she could have an office, but yet enough room to have some gym equipment to.

00:19:21,900	Teach them stuff and then just as time is gone, even though we don’t even have the OK to do this. And we’re not even advertising it, just multiple other businesses have reached out to us.

00:19:40,070	One of them is a, a home builder, which he is here, um, too, so if you have any questions for him too, I guess he’s here also, um, not to throw him under the bus there but or make them talk, but you know, some of them that did show up, so at least that is kind of, I hope that answers your Comm uh Renner, um, that’s, and the reason why we included the non-residential thing in there, um, or messages because

00:19:59,770	that’s. Scott Ridder is actually the uh realtor that’s handled the lot sale that had previous conversations with Andrew where Andrew basically stated that. It’s normally Pointed out in bullet points what can and can’t be there, and I guess it was buried pretty, um, deep.

00:20:22,900	That According to the Covenants how they’re worded or something, then it can’t be residential. We’re not after residential, we’re basically after we wanted to do our shop, found a lot that was zoned for it. And purchased it. That’s, I guess where we’re at. And then yeah, and Jason and Laon with Swensen Hagen are here too, I guess.

00:20:38,230	But we’re open to any questions too, or we’ll try. Questions for the Met lighters. Thank you. I, I guess I should add to I would like to add, I know we’ve been in contact with, you know, like Rachel and Jim and. Um, Jordan Jarek, I don’t some of the city to.

00:21:01,770	We do plan on moving forward with. Doing, you know, hammering down um. You know, CCRs, um, landscaping, um, but we realized that like that landscaping and all that would be like if Jordan’s not happy with that or not approving with our screening and filtering and stuff at that time, you know, we wouldn’t be able to get a

00:21:23,630	permit, so that’s where tonight we are looking forward to. Um, for your Approval, you know, to go to that next step. is basically like, you know, we are aware of what we do need to work with them. I do have one question for you.

00:21:42,430	Um, is, are you open to, um, Finding a way of making it so that we’re not landlocked. It’s this piece. Is there a way that we could, or is that not gonna work with your current design, you know, that’s such a tough question and I just, I just, I don’t know, I don’t wanna veer off.

00:22:00,470	onto that city lot cause it just seems like that just keeps on bringing up. Questions that there aren’t answers for. And I don’t want to go into too much detail, but. We did meet with the city commission, the city commission.

00:22:21,430	Said Set planning and zoning, says about our lot and then come back to the city commission. So that’s why to answer your question there, Comm Renner, it is us that were trying to obtain that lot, but we don’t want to mention that tonight because We want to, we don’t want to start getting way off into the weeds about.

00:22:40,100	What’s going to go on with that lot because we own this lot, we want to move forward with our lot. We want to get started on our lot. That’s, I mean. It’s just so tough to talk about it, but I mean, that is our. You know, Our goal is to Come back to the city commission and talk to him with your guys’s response. So.

00:23:00,800	We kind of realized that that lot’s probably more of like a burden to you to try to figure out how to access it and maintain it, um, but yeah, I think like Steve said. It seemed like last time it was, we got off into the weeds because because of that lot, so.

00:23:16,300	But I think we had gotten in the weeds because we’re trying, you guys were trying to purchase it or trying to find a way of purchasing it, which is not the case, and I’m not trying to figure out what to do with that lot. My, my only concern is.

00:23:27,600	I don’t want to be the Comm that voted to landlock this thing and infinity if this is an opportunity to make this right, this, we should talk about it this time. I understand that.

00:23:43,500	I do like, I appreciate, Rachel, you bringing up like it currently is landlocked, so by us doing something isn’t gonna make it more landlocked like it is. As landlocked is, it is right now. is it? Will be, you know, it’s not like right now we own it, it’s not like anyone can just drive in there and go to the city’s lot now like they can’t so.

00:24:00,570	As far as that lots lots access. I don’t feel We’re not Gonna make it worse if not, honestly, it probably be better because they could drive a concrete road to the city lot, but I mean, I’m not, I don’t want to be the judge or giving my opinions on that, but I just appreciate you pointing out that, you know, it is currently

00:24:19,300	landlocked. So like there’s no easements or anything right now, so. Mm Any other questions? Thank you. I, I did have one question. If we could, um, so the sample agreement that is provided uses the word tenant in it, which would suggest a rental.

00:24:52,370	Situation as compared to an ownership situation that is typical of many shop condo arrangements. Can you speak to that, please? You know, when we were writing this up, you know, we, last time we had kind of said too that, you know, there may be some that we keep ownership ownership of and then rent or they may be sold, um, I left that word in there. Thinking that it would be like.

00:25:10,070	Whether it was the owner or a renter, it would tenant would mean like the person occupying it, but we could certainly clarify that. Depending on the situation.

00:25:28,170	Thank you, and I guess it just um the the reason for my question and concern would be that once something is sold, they would want to make sure that it was still subject to the same. Um Usage agreement that this would be something that would be more than just a landlord tenant agreement that it would be a covenant that would get recorded and be associated with the deed, exactly, and then I think number 7 here talked about like

00:25:45,770	subleasing if there was like a A separate, like if somebody purchased it and then would sublease, it said, Must agree in writing to comply with all terms of this agreement in any applicable condominium association rules or. So kind of thinking, thinking ahead to that, yeah, if there was other people, other owners that were leasing. There’s.

00:26:10,400	And that’s where we appreciate that feedback too. That’s kind of why we didn’t. Do something that is like, here are the laws and present them to you. I mean, we’re open. You know, we still want to move. Or working You know, with the city. Um Making sure that we are doing the the right thing.

00:26:37,030	So Any other questions? Thank you. Again, we’re taking comments or questions on item number 2. I’ll have you state your name for the record, please. Good evening. My name is Jason Patricia and I work for Swenson Hagen and I’m representing the developer here, um.

00:27:08,100	Maybe just a little clarification if we go backwards a little bit initially when Mittlighters came in, I think maybe there was a lot of things on the table that were getting mixed up, um, they were looking at potentially purchasing the city lot and working through that process and maybe I can’t hear you.

00:27:29,370	And maybe in air, um, mixing too many things together, right? And so, um, taking a step back and coming back to this commission and dealing with just their lot and what they would like to do with that lot, brought them here with this application for a special use permit. So I’ve been working in the Bismarck Mandan community for 25 years.

00:27:54,500	And I can’t tell you how many shop condo projects that I’ve done, I think to a point, they get a bad rap, I think are Starting businesses and some of our smaller businesses in this community are looking for a home that Shop condos is where we’ve put the name on it and where they’ve fallen into.

00:28:20,670	So when we talk about shop condos, typically we are talking about an industrious use where I have a construction company here with all their equipment, and I have a gravel yard and that’s not what we’re looking at in this situation.

00:28:40,830	So what we’re looking at actually is a group of businesses that Don’t fit into a model, maybe that need to have an acre or 2 acres of land, but they still need to find somewhere to run that business. So for instance, um, as it was stated earlier, Pinnacle Homes, right? Pinnacle Hos can come in here. Put their. Sales and. Make a spot for people to come in.

00:29:03,770	And go through, figure out what that house might look like, and that’s a very different use than it is to have all that construction equipment, which is housed at a different location.

00:29:24,200	So for instance, a chiropractor, right? The chiropractor may not necessarily need to go and spend $3 million to put up a building on an acre of land or half an acre of land where they can kind of get into something that’s a little smaller scale. And we run into this. In Bismarck and we’ve run into this and Mandan also, and so. If I had a strip mall, which doesn’t need a special use permit, and I had all retail shops in there.

00:29:46,500	I would have a very high traffic load coming in to Possibly some of these shops that would be a retail type use. So how does that building look different, right? So we try to, you know, make that building look upscale, try to blend it in with the community, try to do some of

00:30:04,770	those softening things. But at the end of the day, The community still needs places like that, and it’s how we put that together, which In the end, makes it feel Something that can fit into a community and so.

00:30:31,570	I think that having a conditional approval for having the covenants, having some of the use descriptions, having some of these other things in them are a good thing to follow with your recommendation. To touch on a few points, um, site plan, landscape plan, stormwater plan. Those are ordinance items. Those items we have to do regardless. If Mitt lighters get a special use permit tonight.

00:30:52,270	That’s just one step. They get to go to the city. To bring their site plan, landscape plan, stormwater plan for review and approval. If they get past that step. They get to go to the building department, and they get to deal with any type of building code, fire code, any other things related to the building.

00:31:13,570	And so there’s a multitude of steps to go through yet, just to get This first step Behind them. Um In regards to the access easement. Um, to answer your question, yes, the property would be landlocked. Does that mean that there’s an opportunity to get an access easement.

00:31:40,930	I think that’s something that could be talked about and, and taken care of. Couple of points that I would make with that too is that with that, not only If there was an access easement, there would have to be a discussion about a common use and maintenance agreement that would carry through with that. If the property were to be sold.

00:31:59,030	To somebody Other than mit lighters. Then there would be a concern by the owner in regards to maintenance. Of that driveway. And so, as you saw in the concept plan, there was two buildings, one on the north side, one on the south side, and a kind of a driving lane that kind of comes in between those two buildings.

00:32:20,300	So if an access easement was be able to be provided there, there would need to be a common use. Now, somebody’s going to look at also. Having that developable in some form or fashion. If it’s going to be sold. Which means then that there’s also going to be a question about utilities.

00:32:40,570	How do you get uh sanitary sewer back there. How do you get water into there? So there’s also some other things that kind of carry with that sale and and how you want to deal with that city lot. So Um Whether or not That’s a staff-related thing that gets sorted out, you know, if they bring a site plan in.

00:33:01,430	And how all of that looks, but there would be some other components that would have to carry through with that. And so, With all that being said, Um The site can be softened up with landscaping.

00:33:24,370	That’s something that, you know, We can look at the landscape plan, there can be a higher degree of landscaping provided, uh, around the perimeter of the lot and to shade and to um Work around the parking spaces and the, and the driving lanes. So, um, I think there’s still an opportunity to To get that site to look nice, to soften it up, to blend it in.

00:33:52,270	And I don’t think that the shop condo, um, definition necessarily is As industrious as I think a lot of people think of it in that manner. So with that, I can answer any questions if you have them. Questions Thank you, thank you. Any other comments or questions on item number 2. My name is Chuck Wend.

00:34:36,900	I live at 29 or 2509 Nash Lane, which is to the east of this Metlighter property. And adjacent to the. Lot that uh the city owns. We were here to about a month and a half or 2 months ago. And I remember a comment made. By the board Uh, one of the board members. That this particular lot, it really isn’t suitable. For shop condos.

00:35:04,700	In All my neighbors to the east that live on 2509 and On the other side of the street. A, a kind of go along with that. Uh, I know your job is very difficult to do. Uh, but I thought we have had this out once before.

00:35:34,100	That uh Putting condos, shop condos, or as the gentleman just says, uh, shops or, or whatever they’re going to be. Uh In a residential area that’s surrounded by residential. Property except for what the Montessori school. Um I, I, uh, we just I think that is a bad idea.

00:36:02,370	And As to the lot there, uh, I’ve talked with all my neighbors. We are willing to purchase that lot. Uh And have it plotted. To have all the lots that are there. Uh would have a portion extended out no more or less just extend their property. I visited with uh Mr. Neubauer told him we were interested in doing that.

00:36:33,370	Uh, and I’d really I like to say that uh Putting these, this particular buildings right in the middle of a residential area. Is Not conducive to that.

00:37:01,200	Neighborhood Um We have to sit out in our backyard and look at those buildings and, and grant, I know he’s, he’s, he’s, he bought the property and put something on it. And of course that’s his business. But these large buildings that are going out there are just not conducive to that piece of land. And I would just like to recommend a no on a special use permit. Thank you. Thank you. Any other comments? Good evening. I’m back.

00:37:30,700	3 snakes in my yard. My name is Jane Hugsenay. I live at 2503 Nash Lane. Tonight I come to you to stand in opposition to the proposed shop condos. I’ve not read or seen an actual plan for what they’ll be used, their rentals privately owned, etc.

00:37:52,500	This could be a problem in the future if anything arises from those units. I have not seen a detailed landscaping plan or an actual rendering of what the buildings will look like when completed. What are the covenants and where can we read those? I feel without knowing all the actual facts.

00:38:11,570	That that is not in the best interests of the city or the homeowners moving forward, we can, we do continue to be concerned about drainage onto the city lot and what would happen with the lot at 4205 Sholoop, which is currently that city lot. I feel this might be a slippery slope.

00:38:32,900	And Make plans for those 18 ft side walls to go 10 ft behind the fence in my backyard. I understand it was empty when I bought it, but I also understood at the time that it was not a buildable lot. Because of that drainage issue back there.

00:38:51,030	So I guess that’s really my concern, and, um, and he did stop over and visit us all, Mister Mtlighter did. He came over to my house. And suggested that if we didn’t want to go along with those shop condos, he could just put a four-story building back up on that lot as he originally planned, so, but I’m glad he found out he can’t do that. Thanks for your time.

00:39:19,400	Any other comments, questions? Again, we’re taking comments on item number 2. No further comments or close the public comments and return it back to the question. Ah, Mr. Chair, I’ll start. I have some comments for consideration. Um, I think if the, the last hearing, the application included a substantial portion of the city lot.

00:39:56,170	That resulted in, among other things, the structure being placed much closer to the residential. Holmes, so I think that’s a pretty major distinction in this application. On the purchased the property it was his own commercial business. Um, under commercial business, I don’t have a list in front of me.

00:40:14,930	But it’s more than just strip malls or other things you can put there. Uh, they can do uh farm equipment. Repair shop, uh auto repair shop. Railroad spur storage, uh, it’s an endless amount of commercial activity that could be placed there. Um, in that consideration. I think there could be a lot less attractive.

00:40:39,370	Buildings or businesses or structures that could be placed on there legally, or they would not even have to appear before this commission. Um I know the residents won’t be happy with my opinion, but my opinion is that I think under all those conditions that We should approve it subject to all the conditions that the staff is recommending and the engineer

00:40:58,770	testified to. That’s kind of where I’m at. Any other comments, questions from the commission. Yeah, I, I do have one question probably for the city staff, um, in regards, this is a tricky one, in regards to the drainage cause that seems to pop up in my head for, I missed the last meeting,

00:41:24,500	but I read through the notes, is there any, if we, if there was concrete put in to that lot, is that gonna create any more issues with the drainage? Situation that seems to be somewhat of an issue currently. Comm Robinson, uh, chair, uh, Chair Robinson, Comm Infeld, um.

00:41:50,530	Yeah, there’s been nothing that’s been updated as far as the storm water is concerned yet we haven’t received anything or got anything. Um, that’s not shocking with uh just the state of All of that, uh, the world right now and um all of that. So, um, nothing new updated. I, I don’t know about the concrete situation.

00:42:10,230	I think that would probably be determined after. We would discover that, but um I know Comm Smith and others have looked at that. I mean, the, it’s a significant drainage port portion of, of that property, so.

00:42:28,370	And just to follow up, that would be part of the, you know, follow up, uh, landscaping plan and things like that to come forward to, which I mean could have significant impact if that were to move forward at that point too, yeah, that would, that would all be part of the stormwater plan to be, um, Shown on, on plan then.

00:42:55,570	Any other questions? Um, um, Chair Robinson, I just echo a Comm Smith’s comments, um, uh, my, my notes that I wrote was that it’s very similar. To the type that you would already have commercial there, um, 40th, is that, is that arterial or do you know what type of role that, I mean, that’s a pretty busy

00:43:07,830	road. And so I would, I would kind of It does make sense that it already has commercial on there, um. And then the distance of the property, not having that buffer, that’s I was also Connected with that statement, and then I’m, I guess the only thing I’m struggling with is just the

00:43:28,200	landlocked part of it. Um, When I’ve helped developers develop in the past or people buying land or purchasing I’ve always struggled with the, it, it kind of seems like the city tried to make a deal with people that own, own property.

00:43:48,670	I’ll give you a permit if you give me access, um, So I, I’m really struggling with that. I don’t know how to, but it bothers me that this is a juncture, you know, a junction where we could remedy that and, and. Get that resolved, um.

00:44:07,800	I, I just feel like that, that does make sense that that the people people Manon were sitting up here where we’re sitting, you know, to get access to that land. You know, and then we’re gonna, what we’d have to do to remedy that someday would be really frustrating if people want less taxes and less, less problems.

00:44:25,300	And So, um, I don’t know, my mind goes wild, could, could somebody hold us hostage to buying some land until we finally got it access. I don’t, I don’t think it goes down that road, maybe. Probably let a lawnmower in there. I don’t know, but just seems like a clean place to. To resolve that problem. Other than that, I’m in support of this as well. Any other comments, questions.

00:44:48,270	Jerry Robinson, uh, just my opinion too, I, I know Comm Gardner is saying too, I think you’re getting down to probably only 2 groups that are gonna be able to buy this property, then it’s either nitlighters they’re gonna have the back half or the, the town home association that the owners.

00:45:04,900	Would buy to expand their properties. It is a city lot, sorry city, but I mean if it was somebody else’s privately held lot. Like Will Gardner owned it or something like that, I think it would be, I’d be more concerned about the landlocked part of it, but I think that more than likely either this group or the other

00:45:21,930	group will purchase it, so I’m not as concerned with the landlocked part of it. And here the comments from the commission. Just to Cha Robinson, just to kind of reiterate what was already said. Uh Lot is landlocked right now the way it is.

00:45:54,430	Doesn’t matter if they put a building up or not, that is landlocked, and I don’t think it’s fair to try to hold them hostage on what they want to do with their with their parcel and their lot because of a potential landlock. I think we have to judge. What we’re doing with them strictly on their lot and kind of ignore the landlock part of the lot behind it.

00:46:24,900	Any other comments? I guess just one more for me after hearing the comments and uh I think the engineering firm too made a good point, this is just one step in their approval process, so they’re gonna have to still prove to us that the design is gonna be good, the drainage is gonna be good, there’s several steps that are

00:46:38,930	gonna have to be approved before anything goes up. Any other comments or questions? Are we ready for a motion? Mr. Chair will give it a shot. Um, I moved to approve the requested special use permit for multi-use shop condos. A lot 1B, block 1, Lakewood Commercial Park 3rd edition, 4th Replatt.

00:47:22,570	On the condition the applicant provides a detailed covenant and use agreement to city with the building permit and Mandan architectural Review Commission application. As well as detailed building and landscaping plans at that time, which also include stormwater drainage and all other issues. need a little help listing all the items here, but, uh.

00:47:55,670	Uh, most of my Comm Smith, seconded by Comm Renner, uh, motion is to approve the requested special use permit for multi-use shop condos on lot 1B, Block 1, Lakewood Commercial Park, 3rd edition 43 latt. Based on uh details, uh, CCR Covenants conditions and restrictions. Um And building permit. And Mar applications. As well as stormwater and landscaping plants.

00:48:26,070	That completed? Do you have any questions on the motion? Roll call vote, please. Comm Langing. Comm Huber. No. Comm Horn. Yes Mayor Frelich? Yes. Comm Eveldt. Yes. Comm McLean? Yes. Comm Smith? Yes. Comm Hammond? Yes. Comm Gardner? Yes. Comm Renner Chair Robinson. Yes. Emotion is passed. to public hearing number 3.

00:49:12,000	Consideration for preliminary plat and master plan for call edition. Rachel. A OK, so, Go down to my map here. Um, this is a proposed preliminary plot located in the southeast quarter of section 32, Township 139 North range 81 West, 5th meridian Morton County within the ETJ.

00:49:47,830	So this portion of the Southeast quarter of Section 32 has previously been partially platted. Um Sorry, I’m just gonna Arrange this really quickly. Um, to include Um, it’s been, sorry, it’s been previously partially plotted as lot A, and it has 4 existing lots, which are lot one of lot A, lot 2 of Lot A, lot 3 of Lot

00:50:12,330	A, and then the remainder of lot A. Um, so on this map you cannot see lot 2 of why, um, so the applicant is proposing to add 2 additional lots, slot 1 and 2 of block 1, both of which contain 1.5 acres.

00:50:31,600	So staff did request that a master plan be created for the remainder of Lot A in the northeast quarter of the southeast quarter, although not for the full extent of Late in order to have a full, uh, future understanding of access and development potential, um, this has been included in the application. So this is the full property. Um, you can see.

00:50:49,100	The full lot A, and the two proposed lots here, um, And then this is the proposed. Master plan. Um, this has been included in the application and it shows future roadway access surrounding the property as well as an internal 66 ft roadway right of way with a potential for 8 additional large residential lots.

00:51:14,230	Um, so there are 3 acres to be plotted into lots of 1 and 2 of block 1, access to both lots will be via 40 ft wide access easement that runs west across Slo A and then um, Through lot 1, block 12 block 2, block 1, and it takes access from 22.5 Avenue.

00:51:36,770	Um, there may be a culvert required for this access during the driveway and building permit process, um, but it has not been identified at this stage. There’s no zone change request being made at this time. Um, all of the surrounding zoning is agricultural.

00:51:56,500	Um, the future land use plan designates this area as public land, and it’s shown outside of the 2030 growth boundaries, so the very low density residential nature of the development should be in line with this. And The findings of fact for their preliminary plot are all within your packet, there’s nothing um of note there.

00:52:16,700	And city staff is recommending approval of the call edition preliminary platform and proposed master plan contingent on final plot approvals, and I can answer any questions that you might have. Questions, Rachel. Again, questions for Rachel. With none, I’ll open it up for public comments or questions item number 3. Taking comments on item number 3. And one final call, item number 3.

00:53:07,200	But none no clothes, we turned back to the commission. Chaer Robinson, I move to recommend approval to the coalition preliminary plot and master plan contingent on the final plot approvals. I’ll second. Motion by Comm McLean, seconded by Comm Infeld and the motion is to recommend approval of call addition preliminary plat and master plan contingent on final plot approvals.

00:53:39,170	Any questions? General Rocavo, please. Comm Langing Comm Huber, Yes. Comm Horn. Yes. Mayor Frelich? Yes. Comm Inveldt. Comm McLean. Yes. Comm Smith, Comm Hammond, Comm Gardner. Comm Renner, yes, Chair Robinson. Yes. And the motion is passed. Uh, Public hearing number 4. Consider Evergreen Heights 5th edition preliminary latt, Rachel.

00:54:15,730	OK, the final one, I will skip right to the recommendation on this one, which is to table it. Um, if you’d like, I can still go through the full memo and the information and why we’re recommending tabling, um, but I did wanna get that out of the way to start.

00:54:33,900	Um So this is a proposed preliminary plot located north of 19th Street Southeast and east of 14th Avenue, Southeast. It’s a replat of the existing lots 2 through 6 of Evergreen Heights 2nd edition and of Lot 1, block 1 Evergreen Heights 4th edition.

00:54:49,400	In the southwest quarter of section 35, Township 139 North Range 81 West. Um, Yeah scroll down to the map. Um, so this is the zoning map and then This is the future land use plan. Yeah, This is the subdivision plant.

00:55:22,500	So The existing lot owners are looking to replat and purchase the there’s a larger lot directly to the east of these individual home lots. I know this is really hard to see, um. ER I can get it. So this back area is one large lot right now, and then these are individual home lots up front. This is a street right of way.

00:55:47,030	Here And more street right away on the Eastside, um, so they would be vacating that right of way with this plot as well. All of the lots are zoned are 7. The total area of the plot is 4.

00:56:04,630	43 acres with new proposed lots ranging from 45,126 square feet to 24,070 square feet, so all within range of the zoning code, um, for R7. Um, the access to existing lots is not changing because they’ll maintain access from 14th Avenue Southeast, the properties to the east of the subdivision will maintain their existing access as well, um.

00:56:29,770	And proposed what 7 will take access from 19th Street Southeast, so that is the southernmost. What here. Um Access between the existing lot one block one. I’m going to zoom out here and again, I apologize. Um, so this is lot one, block one of.

00:56:53,770	Uh That one Black one and lot 1 block 2 of Evergreen Heights 4th edition, and then lot one, block one of the living water edition. Currently is provided via 16th Avenue Southeast, which is just north road proposed to be vacated and living water Drive, which is shown here on the plot.

00:57:16,330	Um So the proposed plot shows plotting that right of way, um, partially into the proposed relots of lot 1 through 7 and partially, um, Creating the slot one. Um, city staff did mention concern of this and Friday afternoon we received an updated plat. Um, but haven’t had time to fully review it, um, with where a lot one would be absorbed. Into what to as shown on this spot, although those numbers will change, um.

00:57:41,900	And then the city staff, do you have, like I said, have concern over that lot one. there is a water line along 16th Street southeast from 14th Avenue to 1806, um, an easement should be shown for this and for the associated Fire hydrant that’s just inside the right of way area, which is, I think it

00:57:59,970	falls right about here. On this map, um, So Steph had concerns that all needs have been met by this because there are so many easements running through this plot with the road vacations and the existing water lines and the existing utility easements, um.

00:58:20,400	And so, as noted, we had asked for some updates to the plot. We did receive them, um, on Friday afternoon. We’ve not had time to fully review them. So we didn’t necessarily feel comfortable making a recommendation based on this plot or the one that came in on Friday, which is where our recommendation to table is coming from.

00:58:37,300	And I can answer any questions that you might have. Questions for Rachel. Rachel, that replat was that, uh, recommendation based off the city or was that just an owner’s was that on their own that they decided to replat that. Lot one. The so changing.

00:59:07,100	I, I guess Are you asking about this particular plot that was turned in that we’re looking at right now. Yeah, the most recent one on Friday, uh, that they had, you said they replied a lot Warner made it bigger or.

00:59:22,630	Correct, OK, so yeah, on the map here you can see lot one looks like kind of an upside down L, upside down backward L shape, um, that’s because it is part of the right of way for 16th Street Southeast and Living Water Drive and so city staff had concern about that. It’s not a buildable lot. Um, the way it sits, and so the city staff would like to see that incorporated into one of the surrounding properties, um.

00:59:42,430	And so the plot turned in Friday shows it being incorporated into What on the plot in your packet is shown as lots 2 and lot 3. Um, I believe. But again, I haven’t had time to fully review it.

01:00:01,130	Um, so they show a different, a slightly different configuration there, um, which is probably fine, but I, I just, I’m really hesitant to make a recommendation on it without having had time to fully review it. So the recommendation is based primarily just for more time.

01:00:25,200	There’s a lot of easements in here, Jare Robinson, and so there’s a lot of uses we wanna make sure the city utilities are taken care of. We want to make sure that the, um, road right of way is being appropriately vacated and appropriately. Spread out to the correct owners the way it should be. Questions for Rachel. But none, I will open it up for public comment.

01:01:09,670	Questions Uh, good evening, Chair and Commissioners, uh, uh, Greg Peer here, the engineer. Uh, for this uh plat, replant, um. Quick question. Do you have you guys had Or do you have a copy of the new updated plot or? OK It’s not in our packet, no. OK. Um Is this something that I can put on the screen or. too.

01:01:41,070	Take that back. That might be the one here. With the satellite picture in addition to the Saier That is the original. Chair Robinson, yes, the one you have in front of you is in the, that’s in the packet is the original, um, the one on Friday came in too late for inclusion.

01:02:26,570	This, this year I’ll kind of show. Basically, the contours off their requested and things kind of. Just to be able to be able to. Yeah Uh, just to be able to see things a little bit more clearly, so. Uh, where that L shape lot was. Uh, up along the north side of 16th and then. Down long Li Wa Drive.

01:02:51,570	What we did is. Essentially extended the lot lines. Uh, To the flat boundary. So that L shape essentially. is absorbed into lot one. Lot 2 and lot 3. Uh, so it’s. Uh, no longer exists, the lots are renumbered with one. 6, and there’s no other, uh, remaining property, uh, everything has an owner assigned to it. Uh, there’s.

01:03:26,170	Accesses, everyone has access off of 14th for the current. Uh, homes that are out there and then, uh, 19th for the very south one. Uh, and I know also there was some question or discussion on the easements, uh, making sure that the city has appropriate easements we had them on there, but we changed a

01:03:48,170	couple of the line types, made sure that everything was included, um. So we have the existing 8 inch water main, there’s a hydrant out here, so this entire right away.

01:04:10,000	What used to be right away is set up for, uh, the 20-inch city water main, uh, city sanitary sewer and then this hydrant here, which, uh, which is part of the Current owner and the Do condos will have a Fire line extended in a hydrant. Uh, placed over here, so. That’s all inclusive of the easements um. You’ve addressed drainage and. Have them all kind of labeled or listed within this here. Description which includes Uh, these with the entire area.

01:04:39,270	And then we have Uh, the Axis sese meant that the landowners had requested. And so, so I think we’ve got everything addressed or covered with in here, um, and. Uh, just a little bit more background, uh, a few years back when this was originally platted as one large residential lot.

01:04:59,770	Uh, the purpose. At that point was, uh, there was no one person. Or group of individuals I was interested in purchasing. Uh, that property and the idea was that it could maybe be developed and uh over time it was. Determined that trying to get, uh, living water Drive extended in 16th.

01:05:26,300	Just the cost of the streets. Uh, just to have frontage on one side. Became cost prohibitive. And within that time frame, uh, the adjacent landowners that have their homes right along 14th, uh, for interest is interested in purchasing it, and that’s. Ah, where they came up with uh kind of discussions.

01:05:49,200	Uh, between the owner and some of the property owners on purchasing and subdividing this now, uh, to better fit within the city man down. Um Any questions or anything else I would like to see on. Questions. Thank you. Commissioners, thank you, um, my name is Ben Capel.

01:06:28,800	I am one of the purchasers and I’m also the agent representing the buyers on this. I’m actually here tonight to see if you would push this forward, uh, it’s a very simple process. We have a bunch of homeowners trying to purchase land behind us because none of us want homes behind us, uh, we just want to plant trees back there, and that’s about it.

01:06:44,270	Um, yeah, it’s very simple. I think the new drawing has it all set up here for us, um, like I said, I’m already kind of buying two back there because I have 1 neighbor that doesn’t want them, and I’m trying to hold 4 others together in this deal with

01:06:57,030	contracts that expire at the end of next month. So I don’t want to see this just keep getting kicked down the road. Um, I think it’s a simple plan, um, everything is addressed and if we need to make any final tweaks before the, the final plot drawing. Uh, we’re all very, very much open to that.

01:07:10,970	So my hope is that uh you guys will take a vote on this this evening. Any questions for me? Questions. Ben, why did you take so long to get that plat redone. I am not very good with the engineering side of making these drawings. I have to rely on somebody else for that.

01:07:30,800	So my apologies for not getting into that sooner, I guess. All right, thank you very much. Thank you. Any other comments, comments or questions on item number 4. Again taking comments on item number 4. Call one last time. But not all clothes, returning back to the commission.

01:08:34,700	We’ll go back to the early comments, uh, Betting process. City would still like to go through their proper bedding, thorough bedding. Cha Evanson, I think that there’s still a slight concern over the way that right of way has been resubdivided.

01:08:57,200	The previous iteration had the ownership split out in pretty much the same way the vacation process would require by century code and this I’m not. I, I would like more time with it, but I understand also wanting to push it ahead and not holding it up another month, so.

01:09:22,230	So, um, this is a preliminary approval, right? So, I mean, is it possible that we can Not let a month go by and still make changes or is that? I guess I’m not real clear about the difference between preliminary and final, but it would seem like you could make some alterations or do you have to do another preliminary if. You may find something. Go ahead.

01:09:46,700	Chair Robinson, um, Comm, so typically it would be major changes that would require a preliminary plan to go back through the preliminary process. I think you could probably make these changes between the two.

01:10:04,370	I just, I haven’t even had enough time to evaluate it to know what those changes might be or might be required again we could totally go through it, look at it and make some recommendations and have a list of recommendations for city. Commission. I mean, if the preliminary, if the If the preliminary fails, I mean, we’re known for the behind our head has to go to the city commission after us. So Rachel, you’d have time to review it.

01:10:27,430	Prior to the city commission hearing, and if it didn’t meet S specks, you could uh testify in opposition and why. Right Chair Ison, Comm, yes, we could do that. Rachel, if we did do that, something like that, do you want us to.

01:10:50,930	Tailor the motion in a way that you can do that, then make it helpful to you. I believe that that would be helpful, yeah, I’m not I’m not thinking that there’s probably anything major. I just like I said, I haven’t had enough time to even really review it to the point to know what uh. If there’s anything wrong or if there might be.

01:11:06,330	Yeah, and I And as to my comments, I want to support the staff too, but I’m just trying to think of how we can move along and give you the authority to. Do This is what we’ve been waiting for all night anyway. Uh, Comm Robinson.

01:11:43,230	Chair Robinson and Comm, um, one of the concerns that we do have is that normally in a street vacation, half goes to each party, and in this case it seems that all of the property is being Taken in by the other adjoining property owners, and that’s kind of a major concern on our end, um, to make sure the other properties are aware of that and things like that.

01:12:00,200	We don’t want someone to come back and say, hey, you vacated the street. Uh, it’s usually 66 ft wide. We get 33 ft and we get 33 ft in this case it seems like they’re all of that vacation is moving over to one property owner.

01:12:16,300	So that would be fairly significant in this process. Well, um, I’m going to back the staff on this one. I move to recommend tabling of the preliminary plant. For the Evergreen Fifth edition so that the applicant may resolve the issues with the preliminary plot. And particular given the timing that was submitted.

01:12:56,470	I’m going to second that. Well, most of my Comm Smith, seconded by Comm Hammond, motion is to recommend tabling of the preliminary plat for the evergreen 5th edition so that the applicant may resolve issues with the preliminary plan. Questions. Roll call vote please. Comm Linging. Comm Huber, yes. Comm Horn. Mayor Frelich? Comm Infeld. Yes.

01:13:36,630	Comm McLean. Yes. Comm Smith. Mr Comm Hammond Comm Gardner, yes. Comm Renner, Chair Robinson. Yes. Emotions passed. No other business for the evening. Uh, with that, I’ll entertain a motion to Adjourn. We Second Motion second to Adjourn. All in favor by to say I. All right. Same sign. Were Adjourned.