00:00:11,830	Zoning meeting of February 23rd to order. Roll call please. Commissioner horn. Yes. Commissioner Huber. Here. Commissioner Lange. Commissioner Lange. Here. Commissioner Mudar. Here. Mayor. Freilich here. Commissioner. Infeld. Here. Commissioner McLean. Here. Commissioner Smith here. Commissioner Hammond here. Commissioner Gardiner here. Commissioner Renner here. Chair. Robinson here. Uh, first item.

00:01:01,470	We have the minutes of our December 22nd meeting. Do we have any changes or questions? I can move to approve. I’ll second. My commissioner McLean. Second by Commissioner Hammond to approve the minutes of December 22nd. Any questions? Roll call. Vote, please. Commissioner Horne. Yes. Commissioner Huber. Yes. Commissioner Lange. Yes. Commissioner. Mudar. Yes. Mayor. Freilich. Yes. Commissioner. Infeld. Yes. Commissioner McLean. Yes. Commissioner. Smith. Yes.

00:01:50,000	Commissioner. Hammond. Yes. Commissioner. Gardiner. Yes. Commissioner Renner. Yes. Chair. Robinson. Yes. Minutes are. Approved. And I know you’re not in the room, but I’d like to welcome Commissioner Lange to mandate planning and zoning. Thank you. And first public hearing, item number one.

00:02:18,400	Consider a request for a special use permit for shop condos for lot one, block one sible subdivision. Hi. Good evening, Commission members. My name is Dave Yost. I’m a planner with interstate engineering. I’m kind of filling in for Rachel tonight.

00:02:36,330	You usually see, um, I work in a lot of stuff with her, but usually I’m kind of behind the scenes, so tonight’s kind of my first time being here in person, so thank you for having me. Um, so for my first item, we’ve got the request for special use permit for shop condos for lot one, block one of the Civil subdivision.

00:02:57,330	Uh, so Jason Seibel of Dakota mini storage requested consideration of a special use permit for shop condos at lot one, block one, Seibel Subdivision, and that’s at 902 Missouri Drive, Northeast. Uh, the property is currently zoned CC commercial, Light Industrial and is also within the Gateway Overlay District. Properties. Currently vacant has a total area of 2.34 acres and access is provided via Missouri drive.

00:03:23,100	Uh, the application, which you can see on your screen here, has about seven shop condos of 800ft each, and then one larger shop condo of 4000ft, and the remainder of the property would be used for 46 traditional storage units. Uh, there are nine parking spaces provided for the shop. Condos.

00:03:51,800	Uh, the application states that would be in line with the requirements of the Gateway Overlay District. The shop condos would be for personal use. Would not require additional lighting, and would provide sufficient off street parking spaces. Uh, the Gateway Overlay district requires landscape buffers.

00:04:11,730	And the exhibit that we’ve been reviewing does have some evident landscape buffering along the south and west sides of the property. Uh, consisting of a mix of evergreen and deciduous trees. Um, by our calculations, they would need what’s called five buffer points. Uh, in the because it’s in the gateway overlay district.

00:04:33,470	Uh, but we kind of are unable to determine if that landscaping that’s on there would fulfill some of those buffer yard and screening requirements. Uh, but any final buffer yard or planting plan would require approval of Mandan Architectural Review Commission. So we don’t necessarily need to go into the weeds on that tonight. Um, multi-use shops are regulated by city ordinance.

00:05:00,130	Um, there’s a number of regulations in there, but just a few, um, the use of what they intend to put in there is supposed to be declared. Um, and there also needs to be, uh, minimum number of off street parking. Um, and the application stated that they would be for personal use, but not necessarily whether those would be commercial or what’s called accessory to residential. Um, let’s see. Adjacent property zoned R7 across Mandan Avenue.

00:05:29,530	Property two South is zoned CC and is currently developed as storage units. And then property to the east and north is right of way for I-94. In the future, Land Use Plan designates this area as commercial.

00:05:49,330	So for our review, uh, we know that we would need a detailed landscape plan to determine proper buffering and other landscape requirements are being met. The declaration of intended uses and a condominium agreement. Um, let’s see.

00:06:11,230	So our recommendation that if approved by the Planning and Zoning Commission, uh, the applicant would provide a more detailed building and landscaping plan and declare uses for what’s going to go in the shops and then a condominium agreement prior to city commission review of the application. Um. And with that, our recommendation is to we recommend approval of the special use permit for shop condos for lot one, block one subdivision, with the requirement that the applicant provide detailed building and landscaping plan and declares uses for the multi-use shops.

00:06:38,330	Um, and provides a condominium agreement and your suggested motion is in your packet. If there are no questions. Questions for Dave. I have one question.

00:07:07,870	Um, Chair Robinson and Dave, if if you would, um, are the, uh, storage units allowed under the CC zoning? So is it really just the the shop condo aspect that we’re being asked to consider? Correct. Just your traditional storage units are fine. It’s the the permit would be just for the shop condo portion. Um, any other questions? Uh, there’s a the gateway overlay district. Can you explain what that is? Yeah. So the gateway overlay district.

00:07:34,070	Um, covers areas kind of adjacent to I-94 and a couple of other areas within Mandan. And the idea there was that there would be kind of increased standards so that you’re driving into town, say that the properties along that those corridors would, you know, be up to a certain aesthetic standard. So that looks nice. Essentially.

00:08:03,230	Any other questions? I have a question. Chair Robinson. Dave, do we have any comments or feedbacks feedback back on this project. On the Seibel one? I don’t believe we did. Chair Robinson. Um, I guess my question is, is do we have a deadline or anything about.

00:08:31,070	And I’m looking at the at the, um, landscaping and stuff like that. I just hate to see this keep coming back and back and back because we’re we approve something. But yet some of it we didn’t approve of.

00:08:53,070	Is it going to come back to us and haunt us later down the line? I’m thinking of another shop condo that we we had major discussions about, and so that’s what I’m a little bit concerned about. Thank you. That’s a fair question. But it is that is this motion set up for the city staff to. Uh. Make that approval. For the landscaping portion? That would have to go to Mark. So it kind of be on them to decide whether that’s sufficient.

00:09:25,400	Before I open it up. Just one other question. So I’ve been dealing with Bismarck today on a sale of a property that’s kind of south of Burley and in Bismarck, Burley and and, um, and Washington.

00:09:48,000	And one of the things that they’ve been the, the planning team over there has been concerned about is, is a separation between using it for storage versus commercial space. And one of the things I thought was really interesting, and I hadn’t gotten to the bottom to the why is that? They’re not allowing personal personal storage, but but they’re allowing commercial usage.

00:10:09,930	And so it got me wondering, what is it about personal storage that, you know, that is less attractive to them? And maybe it’s the mix of it with, but I, I don’t know if you had any comments on that, but just the sense that we’re this is personal storage or storage units. I just was wondering, is there anything to comment about that being or is there any issues? You see.

00:10:24,170	I don’t foresee any. Um, I think with the Gateway overlay district, with their kind of screening and buffering requirements, their idea, there was they want to make sure that whatever’s kind of along the highway, it’s, you know, attractive. And if it’s not, then it’s screened kind of from view. Chair. Robinson. Um.

00:10:47,070	I guess I’m just this gateway over Lake District. Must have happened since the storage unit south of there were already built. Because there is no buffer zone there whatsoever. So if this part here has to have some kind of a buffer zone, but right south of it, it doesn’t.

00:11:07,130	Is that I mean, does that play into what Marc is going to use to determine? I know you can’t speak for Marc, but is that going to be something that Mark is going to look at and maybe be a little bit more lenient with this being? There is nothing to the storage units right south of here.

00:11:21,300	Yeah. Like you said, I really couldn’t speak to what Marc’s decision could be, and fortunately I couldn’t tell you kind of the timeline of when that property was developed versus when this language in the code was put into place. Uh, Commissioner, enter, this is Jordan.

00:11:43,300	Um, one of the things about the Gateway Overlay district two is its proximity to the interstate and the property that we’re speaking about tonight is actually closer, and that’s why it’s in the gateway. So the property on the other side of the road actually isn’t in the gateway because of how far away from the interstate it is. So. Thank you.

00:12:13,070	Any other questions? With none at this time, I will open it up for public comments or questions on item number one. Thank you. Commissioners Lana Swenson, Hagan Engineering, representing Dakota Storage. Yeah, just just to add a little bit of more information on what David presented already tonight.

00:12:32,330	We are we looking for that special use permit uh, for the shop condo use here just for those shop condos specifically. And as you mentioned, when it comes to the landscaping and the style of the buildings or the aesthetics parts, that’s more of something of a mandated architectural review committee that we’ll be

00:12:45,300	working with them to take to bring it up to conformance. There is a substantial amount of landscaping that is required when you’re in the Gateway Overlay district. Uh, um, there is space on this on this site, fortunately, um, as far as uses goes, um, yeah, these are these are small units.

00:12:59,000	This is not a heavily populated area. So what the developer is anticipating is either storage or sort of the, the single business user, where it’s, it’s a plumber contractor who is basically it’s one person running a one man operation, and he uses the space for either working out of or just storing his his things

00:13:16,670	there. Um, like you mentioned as well, the the property is zoned CC, which is your heavy commercial light industrial zoning, uh, which does allow for shop condos as a special use. But then of course, the the storage units are just a permitted use.

00:13:32,200	Um, as far as the Bismarck question goes, I we’ve done a fair amount of these in Bismarck as well. They do look at personal storage and condo type business uses as separate things. They consider storage to be more of an industrial use. And the shop condos as a as a commercial use to be commercial. So it’s a little bit of a gray area.

00:13:47,600	It’s it’s almost a case by case basis. And like David mentioned it it’s more about the use really than the style of building when it comes to that. But I can certainly answer any questions if you have them.

00:14:06,170	Any questions? Can you tell me how many parking lots you were going to have there? Again, I heard a number and I’m very double check. Sure. Thank you. So so we have right now we have seven units. Uh, it could be up to nine if that. That larger building in the northeast split. So we have nine exterior parking spaces.

00:14:21,270	And then obviously each unit itself has enough room inside of it for company vehicles or any kind of space like that. So that’s what we’re anticipating. Thank you. Questions. Chair Robinson so is there any issue with dividing that larger building up into two. So it actually is condominiums. And thank you Mr.. No issue on our end.

00:14:44,470	We did submit it as a special use in the event that that would happen, what’s most likely to happen is that the owner himself will just retain that building itself as a large warehouse for his own property. He manages the storage units in the area, so he may just be using that for his own equipment.

00:15:00,700	Chairman Robinson, one more question. If I might, um, can you share any, um, past efforts to develop this property for any other types of uses or other things that have been explored? Thank you. Commissioner, I’m not aware of anything in the past that has happened.

00:15:16,600	Perhaps it’s come before this board before, but it’s. I’m not aware of it. Any other questions? Thank you. Thank you. Again, we’re taking comments and questions on item number one. If we have anybody in the room or I think we have 1 or 2 calling in, any questions on item number one.

00:15:58,400	With none, I’ll close the public hearing and return it back to the commission. Chair Robinson I can move to recommend approval of the special Use permit for lot 35, block one, Marina Bay edition. Wrong one. We recommend approval of Special Use permit for shop condos on lot one, block one sible subdivision with requirements.

00:16:38,470	The application provides a detailed building and landscaping plan declares uses for the multi-use shops, and provides a updated plot with the large single unit multi-use shop divided into at least two units and condominium agreement. Prior to city Commission review of application. I’ll second. Okay. We have a motion by Commissioner McLane. Second by Commissioner.

00:17:25,930	Any questions with the motion? I guess not a question with the motion, but maybe more of a, um, of a comment or an observation. So I think, you know, um, Commissioner Gardner, as you were talking about that, um, Bismarck approach, whether for personal or business use, you know, I think there’s been a lot of philosophies maybe in

00:17:44,230	economic and community development and land use planning that you would look for. What’s the highest and best use for this parcel of land being, um, along an interstate interchange such as this one. And and so that was part of why I had asked that, um, question.

00:18:02,800	I’m, I have recollection of seeing at least one other layout for something else. Um, during the time that I was employed with the city of Mandan in, in business development, I can’t recollect as to what exactly that was, but I do believe that one of the obstacles, if I recall correctly, was that you could

00:18:18,530	only get one point, um, in and out of that property. Um, along, um, is it Missouri Drive and nothing off of Mandan Avenue. And I think whatever that particular use was that was exploring that property needed, um, a point in and a point, um, out for ingress egress.

00:18:41,800	Um, so, you know, I guess normally I would be pretty reluctant to see a property this close to the interchange being used for storage units and, and personal use and not a commercial use. That’s what it’s zoned for.

00:18:59,400	Um, but I do know that there are some challenges to this property because of its proximity to the railroad tracks and and some of those other things, um, confining the use of the lot. So I guess I’m more just wanted to, to share that as maybe some, some pros and cons as we evaluate this. Thank you. Any other comments to the motion questions? With none. Roll call vote please. Commissioner horn. Yes.

00:19:28,670	Commissioner Huber? Yes. Commissioner. Lange. Yes. Commissioner. Mutter. Yes. Mayor. Freilich. Yes, Commissioner. Infeld. Yes. Commissioner. McLean. Yes. Commissioner. Smith. Yes. Commissioner. Hammond. Yes. Commissioner. Gardiner. Yes. Commissioner. Renner. Yes. Chair. Robinson. Yes. Motion is passed. And second item, consider a request for a special use permit for multi-use shops for lot 35, block one, Marina Bay edition. David. Yeah.

00:20:13,530	Again. We’ve got another. Um, request for special use permit for multi-use shops, aka shop condos. It’s time for lot 35, block one of the Marina Bay edition. Um. Let’s see.

00:20:37,770	Proposed special use permit would be for the use of personal use, multi-use shops at lot 35, block one, Marina Bay addition. Uh, the address would be 47, 2320 ninth Street Southeast. Properties currently zoned CC Commercial Light Industrial Transition and is also within the Gateway Overlay District. Uh. It’s currently used for outdoor storage for boats and trailers immediately adjacent to the Marina. Total area is 33 acres.

00:21:05,400	There’s existing access through the property from 29th Street southeast to the Broken or Bar immediately to the east. The application plans for 32 condominium lots for personal use shops, with 34 provided parking spaces.

00:21:30,470	Uh, the application states that the, uh, the units would be constructed in line with, uh, excuse me, architectural requirements of the Gateway Overlay District. The shop condos would be intended for personal, non-commercial use. Uh, they would not require additional lighting and would not require, uh, off street parking. Typical of commercial uses. Again with the Gateway Overlay district. Uh, landscape buffers are required. Uh, we calculated that they would need five here.

00:21:57,770	Um, however, from the exhibits and kind of renderings, it’s kind of hard to tell if they would satisfy that. But again, I would have to go before Mark. Um, we recommend, um, that, uh, if approved by planning and Zoning Commission, that the applicant would provide a detailed building and landscaping plan prior to city commission review.

00:22:21,730	Um, also, we’ve been made aware of drainage issues on the property affecting neighbors. Uh, the property in question is also located within the 100 year floodplain, and staff requests a detailed drainage plan prior to final approval by city commission and staff also just recommends that the applicant work with neighbors to the north of the property to jointly address drainage issues in the area

00:22:42,530	that we’ve kind of been made aware of. Uh, apparently there’s a low spot along. Let’s see if I can flip to it. Allergies having technical difficulties over here? Uh, just to the the properties immediately to the north kind of have a low spot, um, drainage issues, uh, which already exists.

00:23:19,000	However, um, some of the neighbors just expressed concern that whatever might get developed here could kind of, uh, exacerbate that problem. And so we just recommend that it would kind of work with neighbors to figure that out as much as possible. Um, access to the site would continue to be from 29th Street.

00:23:39,400	Um, and it would include rerouting a portion of that street which runs through the property and goes east to the bar. Um, the park district has also requested an easement through the property to the existing trail on the east side of the property. Um, you might be able to see on our. Here. We’ll have to get super low tech. Yeah.

00:24:07,970	Yeah. So if you can see for anyone online or see on your screen there, uh, there’s a trail running along there adjacent, um, but residents of the area have just kind of cut their own desire path through a break in the fence to get to that trail.

00:24:28,400	So Park District is just kind of requesting that that, that be, uh, formalized with an easement adjacent zoning. Um, is CC to the east? Uh, R.M. residential multi-family dwellings to the west and right of way for Bismarck Bismarck Expressway to the north and open water to the south. And again the property lies within the 100 year floodplain. Future Land Use Plan designates this area as commercial.

00:24:55,970	Um. See, I mentioned that. So we recommend that um approval contingent on the applicant providing detailed landscaping and stormwater drainage plans to the city. Uh, prior to final approval by city commission. And your our suggested motion is in your packet. Um, and I’m happy to take any questions.

00:25:29,130	Dave, can you expand a little bit on, uh, the drainage? Is it just holding water? Is that’s is that’s what. It’s my understanding that, uh, properties immediately to the north and the name of the street is just escaping marriage, or, etc., right at the second.

00:25:46,770	But I’d pull it up on here, but, um, I would not be able to show you. But those lots have a bit of a low lying area. Uh, currently. And so I think the concern was that they don’t want to make that any worse.

00:26:08,100	Um, but as far as the property in question, whether, you know, has a proper drainage, we couldn’t say we just don’t have enough information. I think you’re looking for is the pintail loop. Is that the one? Thank you. Yeah.

00:26:29,770	Chair Robinson, you know, with the drainage, I don’t know how far into this they’ve gotten, but where, you know, my understanding is they have to be responsible for all of their runoff. Where does it actually run off to? Does it run off just right into Marina Bay, or does it run along the right of way of the interstate there, and then go into the river from there? How is that part get determined? Is that the two options?

00:26:48,630	Yeah. So at this time we we don’t know what that how the existing drainage works essentially. I assume it just goes into the Marina. But I couldn’t say, uh, and so that’s kind of why we wanted that more detailed drainage plan.

00:27:09,530	Uh, but at this point, um, our, our review is more for the, the use of the property and not necessarily the drainage, which could be, um, could be regulated during building permits, that kind of thing. Any other questions? Joe Robinson, Dave, it says the Park district is requesting an easement. Is that something that we have to put in the motion for tonight? Yes, I believe you would. Yeah.

00:27:39,400	And if it’s not in there? Apologies. I must have neglected to put that in. There. Any other questions? Before I open it up. I can just make a comment.

00:28:10,930	Chairman Robinson, the water, I think what the lot owners are talking about is in between the on ramp to expressway and that walking it would be just to the west of the walking path that you’re referencing those lots. It almost is like a holding pond down there. When we get heavy rains. Yeah. Uh, so and it’s probably the first, um, I would say 4 to 5 lots that are right there.

00:28:29,300	Before you get to McKenzie McKenzie and then to the east. That’s where all the water kind of gets held. And that was kind of our understanding. It was those 3 or 4 lots along pintail there that were immediately north of the property in question. Those were kind of the ones that were identified as a low spot. Yeah. Okay. Thank you.

00:28:54,630	I might be all wet here, but, um, we have a business down there that has a road that kind of goes to it. Well, we have a problem there. Or did they say anything about having a problem? That business, the broken or.

00:29:15,070	Oh, no, I, I would, um, as far as what we can tell from like the exhibit that’s been provided to us, the road that goes there now would be maintained and just kind of change course a little bit. Thank you.

00:29:37,870	Um, Commissioner, our chair Robinson and and, um, if I might, could you maybe show us an aerial view that that, uh, zooms out just a little bit farther just so we can get a little bit more context on this property. So. Uh, Commissioner Huber, we’re having trouble with the the screens tonight.

00:29:53,000	So, I mean, what we have on paper for the packet is what we’re going to be able to show, um, on the screen. So I apologize for that. May I ask Commissioner Huber? Is there a specific part you’re looking for? Really was just trying to get context for the. Okay. The whole area. Any other questions? With none at this time, I’ll open up for public comment. Thank you. Chair. Lennon I Swanson, Hagan engineering, representing Marina Bay LLP.

00:30:40,330	Um, similar to to the last project, obviously we’re looking for a special use approval for multi-use shops. Uh, a bit different from the last one, though. In this event, we’re not looking for commercial use for this area.

00:30:55,370	These shops are intended for storage and personal use for just for the buyers or lessees of the of the space uh, room for obviously boat storage, truck storage, personal hobbies, things like that. But but running a commercial project out of these won’t be allowed. That’ll be part of the covenants that that’s that’s not allowed within this piece.

00:31:14,530	Um, additionally, as you mentioned, this road does that existing kind of gravel driveway that leads to the broken door that will be improved. We’ll have to meet the City of Manhattan standards, which actually would require hard surfacing. So either asphalt or concrete to improve that road, reroute it just a little bit.

00:31:28,130	It’s kind of running right through where we’re planning on some buildings right now, but effectively creating a concrete path to get to the broken or um, there is no current easement for that road and there really isn’t doesn’t seem to be an agreement between the two entities.

00:31:42,270	So we’ll get that updated as well, just so that they can be assured that they’re always going to have access, and they’re always going to have ability to get sewer there because their sewer line actually runs through this property as well. Um, additionally, you know, with the stormwater management plan, um, you know, that’s part of our part of our process, regardless of when it’s submitted.

00:31:56,870	And we can certainly get that ready for, for city commission level. The city of Manhattan has the same policy as Bismarck and Lincoln. Um, whatever your stormwater runoff is today, it has to be that after construction as well.

00:32:12,370	So if we are required to put in certain ponds on our parcel that can hold that water before it is detained or before it’s released into either the bay itself or into the ditch, wherever it’s going right now, that’s what we’ll have to do. So we can certainly provide that stormwater management plan, uh, before going forward.

00:32:29,330	Um, additionally, we’ve we’ve met with, uh, the group with the fire department, everything like that to make sure that everything, all the routes work for them to be able to get trucks in and out of there. Um, the parking is pretty minimal. Like we mentioned, this is for personal use only. Uh, it will be limited. Some of it’s a parallel parking, some of it’s front of the house parking.

00:32:40,530	Some of it is inside. So it’ll be a mix of parking options for the people who actually own this property. And an association will be created so they can manage all their snow removal, all their maintenance of sewer water, paving, all the green space, because there will be considerable green space

00:32:55,400	here, as well. As Dave mentioned, this is also in the Gateway Overlay district. So there is considerable landscaping that needs to be installed. Um, yeah, I think that is really all I had to add to it, but I can certainly answer any questions if you have them.

00:33:12,470	Questions? Yeah, I got one question. Um, a lot of the concern seems to be about the drainage, you know, looking at letters from the neighbors and things like that. Rightfully so. I get that. But would you say that the goal would be to possibly improve the drainage after this site is all said and done, would you say.

00:33:26,370	Thank you, Commissioner? I mean, right now the site actually has has a low point as well where water sits out there after a rainstorm or in the spring when it’s melting. You can see in the middle of this parking lot where the water kind of sits there as well.

00:33:39,400	So yes, obviously the goal is to improve our drainage. Um, if that, if we are required to work with the neighbors and help them try and get their advantage worked out, we will certainly meet with them to to discuss what improvements can be made. Chair Robinson, uh, you’re saying there’s 32 condominiums with 34 parking places, and I’m not familiar with this area.

00:34:02,270	And if I don’t go down there. But how does that work for the for the people with the slips there? Are they still going to have access somehow to get into the bay to those slips there? How is that going. To work? Thank you Commissioner.

00:34:15,230	Yes, we still have ample space for people to access the docks. There’s quite a bit of room in between where these buildings are going to be, and where people who are walking to get onto the dock to access Marina Bay, the actual dock itself for their boats is further south. It’s away from this project.

00:34:29,370	So is there going to be actual like hard surface parking lots to give them access to the to the docks there in the slips. There wouldn’t be additional parking as there is the boats that are both of those that are stored right now. This company actually owns lands elsewhere. When they’re storing boats, they’ll take those elsewhere.

00:34:48,130	They wouldn’t be on this property, but they’ll still be able to access the bay itself. Any other questions.? I can help you clarify a little bit of that one too. So where they’re proposing the buildings. What, the same size spot is over by where the Marina is for the parking. And I literally hardly ever.

00:35:10,600	Besides, unless there’s a fishing tournament scene, overflow parking into where they’re talking about doing this, just sewer. Thank you. Any other questions? Thank you, thank you. Nancy is, uh, Joan still on? Okay. I know we have one person that wants to comment on item number two. That’s, uh, dialed in.

00:35:52,130	So, Joan, if you can, uh, hear us, you can state your name for the record. Okay. Uh. Yes, please. Yes, we can hear you. Okay. Um, my name is Joan Johnson. Chairman Robinson and commissioners and the staff. I have to compliment you.

00:36:13,270	Um, Rachel and Nancy have been very good to work with and been very good, uh, providing information for me. Obviously, this is right across from my home. Um, I don’t know if you guys would want something like this in front of you. Um, it’s just too bad that Mandan didn’t pick this up as the destination. This is a nice river area.

00:36:31,600	Um, it’s too bad it couldn’t have been developed into something where families could use it. And, you know, it’s, uh, something that looks good for Mandan versus these kind of industrial looking barns. I do have a question. Um, and I can’t see you guys anymore, but, um, I do have a question. I count 30 units on the maps.

00:36:49,270	Unless the maps have not been updated, but. And it was referred to as 32 units that are going to be built here. Um, so I think there’s a little discrepancy here in what was submitted. Um, I also am wondering what exactly a shop condo is to have it right across from my house.

00:37:10,670	Um, in in the multi-use shop. Code information I’m in 100 and 5-1.5 or Dash five. Um, in five. It says traditional mixed use residential, commercial, combined multi-use shops shall not be permitted. The declaration of either commercial or accessory to residential shall apply to all units.

00:37:34,130	But I’m just wondering, what is this? What are these things going to be? Are they going to be where you come and get your wheel bearings taken care of, or are you going to have your boat in there and then they’re where the guys go to hang out when they don’t want to be home with their family? They’re probably not family oriented, but they’re

00:37:48,730	not going to be commercial. They’re not going to be a business. What exactly are they? I’m wondering. Developer, please. Thank you again. Chair. Yeah. So so the shop kind of a multi-use shops, whatever. We’re we’re going to call them today.

00:38:12,600	Um, it’s been kind of a moving target, I think, on both sides of the river as to as to what they are and what they can be used for. So effectively, what you’re looking at is more of a high end, uh, storage unit with higher ceilings.

00:38:26,470	So it’s somewhere between a warehouse and a strip mall and a storage unit where you have all these, you have a little better frontage. Obviously, they’re they’re nicer looking building. They’re heated. They tend to have water and sewer so people can have bathrooms in there. So they’re going to have a higher end unit for them to store all their units.

00:38:40,470	Yes, they certainly could hang out there. Um, in this particular project, their businesses wouldn’t be allowed to. We’re trying to keep that traffic to a minimum, just to basically the people that own these, these units. Um, you know, as we mentioned before, the area is zoned for that heavy commercial light industrial use.

00:38:56,600	So one of the one of the oddities of the, of the, of the, of the zoning ordinance as it is today is that, um, a special use permit is required for shop condos, but it wouldn’t be required if we wanted to do a very similar thing, just do warehouses or just do storage units as we had in the previous project.

00:39:11,800	So it’s just a matter of having that extra step in between so everybody kind of can see what these kind of buildings are going to look like. We did present some architectural renderings before somebody can see, uh, the style of these buildings.

00:39:25,130	Um, there’s also, of course, mandated Architectural Review has to approve these as well. So there’s an additional step for the aesthetics of the area. And then of course, the Gateway Overlay District requires additional landscaping between these buildings and the highway and these buildings and all the residential uses. Okay.

00:39:47,270	And I would argue that even complimentary complimentary architecture, these are not going to look like homes. I mean, and why there’s no in the elevations. I can’t find the heights of any of them on the, um, the, uh, architectural proposed things. It looks like some of them are going to be very high. Some are 55ft long. So that’d be like a semi trailer length.

00:40:05,730	Um, and why why would you need if there’s, if they’re not residential, why would you need a high area like a loft or a two story building? I’m just so confused as to what these buildings are actually going to be, if you get my drift. And, um, then of course they’re going to have security.

00:40:24,100	There’s going to be more lighting. There will be, you know, right now if people are by the river, you know, they’re usually not out there to in the morning. And if they are, they’re very quiet and there’s not many of them, whereas this will be 24 hours.

00:40:38,270	Is this a place where the guys go after the bar closes, or come in off the river and hang out? I’m just confused. And then if it’s a shop type thing, what, you know, are they going to be dumping oil in into the sewer? I mean, it’s going to have a special disposal.

00:40:54,870	Um, I’m just very confused about what’s going to, you know, be right in my front yard. There’s going to be lit, you’re going to have security. I would assume. Uh, security cameras pointed at my front yard. So when I’m mowing, I’m on camera lights and stuff.

00:41:14,600	You just understand, like, would you want this across from your house? Marina Bay is kind of a destination thing for people to come to Mandan. Mandan is not just the strip or industrial anymore. It’s it’s a destination area.

00:41:33,270	Um, does this really fit in in with this? It could be used better for something that like, oh, look at this man down. Let’s take our boat over there. You know what I mean? So, yeah. Thank you for the questions. Uh, we do have an anticipated building height of 16 foot walls, uh, which is fairly typical for shop condos. Um, a lot of them do have that extra that extra story up there. That’s a mezzanine area.

00:41:48,730	It’s a hangout area. Whatever. It does happen to be there. But like we mentioned that this is not intended for businesses. Yes, this is intended for personal storage and personal use. Um, as I mentioned before, the area is zoned for this.

00:42:03,800	It’s heavy commercial and light industrial, which which means these these could be warehouses rather than, than shop condos. But with the shop condos, you’re going to get a little better aesthetic. You’re going to have some some higher end finishes on them. Okay. Well, from the pictures, I, I wouldn’t say that’s very homelike, but, uh, whatever.

00:42:27,200	Um, and then, uh, just other things, traffic and stuff and, um, it’s, it’s going to affect our home. It’s going to affect my property view property value to have this across the street, the back of the building will probably be some metal building and a wall of evergreens that are going to encroach over the road.

00:42:45,000	It’s just I’d like to see the landscaping plan if we could have some input on that too, if that would be all right. Any questions for Joan? I do have one more comment. Um, across from me on the north side and the berm of the road there. Uh, between where my property ends and the the asphalt road starts.

00:43:10,570	Um, for the past 30 years, I’ve taken care of that. That has never been cared for by whoever allegedly owns this. And I’ve picked up the trash I’ve mowed, I’ve taken care of the trees and spent the money for that. And, uh, I wonder and and the woman across the street, Mrs. Otto. Same way with them.

00:43:30,730	They’ve had to pay for everything. They’re, uh. They’ve never taken care of the property. The the owners. Uh, it’s almost an abandoned property thing.

00:43:48,330	If I remember, if you let somebody drive on your section line for too long, pretty soon that person’s got a right to to that section line to right to, uh, drive along there. So, um, I don’t know. Is it abandoned? I guess I can’t speak to the specific part you’re talking about. Like I say, I’d like an updated map.

00:44:15,870	If there’s going to be 32 units instead of 30, because what’s submitted to you should be, uh, what they get permitted for, as far as I’m concerned. Any other questions? Joan? Well, what what about that? You know, like, if somebody doesn’t take care of decorative pilings, you know, they’re falling apart. The ropes are coming off, right? Yeah.

00:44:44,600	Isn’t there something where if they haven’t taken care of it all that time, they really don’t have claim to it? Yeah, that’s a legal question. We can’t answer. But, uh. Okay. Do you think, um, uh, Miss Oscar could, uh, get back to us on that? Yes. Okay. Can you comment on the number of units in our packet? It is at 30.

00:45:08,970	Yeah. Thank you. Chair. It will be 30 units. Uh, no more than that. Okay. Um, likely once we get a little deeper into stormwater design, landscaping design, the number of units likely to stay the same, we may. The buildings may get a bit smaller, though. Once we start having to make room for everything to fit in there.

00:45:23,370	Okay? Okay. Well, thank you very much. Thank you. Joan. You did say you’re going to create an HOA too, and you guys are creating a covenants and all that other good stuff. Yes. Correct. Yeah.

00:45:38,330	Absolutely necessary in a situation this particularly you’re going to have shared roofs, shared wall lines. So the insurance itself obviously would need to be covered together. And then maintenance of everything that’s around it. Right. And you are going to put in there that it’s not business use. Perfect. That is correct. Thank you. Okay. Again if there’s anybody else that wants to comment or have questions on item number two.

00:46:06,630	Hello, chair Robinson, mayor. Commissioners. Uh, my name is Tori Otto. I’ll be speaking on behalf of my mom, Ginger Otto, who has the lot directly to the north. Um, primary concern. I was a builder. Um, I actually worked with Toleman engineering about 6 to 7 years ago, trying to develop this lot for Mort’s.

00:46:23,200	Um, one of the huge concerns that was immediate and that was going to be borne of a developer’s responsibility, was to ensure that all that stormwater that comes basically from the YMCA all the way to this lot would have to be dealt with in some sort of fashion.

00:46:38,230	So I think I’ll just speak on that today, that that is the primary concern for ginger autos lot to the north. Um, she did speak with the builder today and one of the main questions was bringing the lot up to establish a positive drainage going from the north to the south.

00:46:56,370	The builder did say that they do not intend to bring in fill at this time, at the existing road levels. The lot to the north is approximately 2 to 4ft lower than the road today, and I don’t I haven’t seen a topography plan or a lot plan if they’re going to lower the road, raise the road.

00:47:12,870	But the primary concern would be that there is a lot of fill to bring to that north side of the lot. If you look at the north north, uh, plan, that building goes directly up against the lot line. I believe we’re the back of those buildings are would be somewhere between 4 and 6ft.

00:47:29,900	So in protest, I would like to know before we approved off on this that that drainage was going to be positive going from north to south and all those rooftops, all those driveways, they wouldn’t be able to go to the back of that. So the legality of the water ponding up, there’s two major concerns.

00:47:48,600	Is this going to get more water according to the existing grade today, or are we going to see a massive retaining wall? Uh, what’s that going to look like to grade it out without a retaining wall that it actually has good steps from the back of

00:48:03,830	that building to the low, low, low, low level of my mom’s lot. So that would be one of our major concerns. Before we would not protest. Um, one of the other concerns is does this road stay private or does it become city? I know that’s in considerations.

00:48:22,270	I don’t think it matters either way, but when it is a city street, we just know there’s much more oversight on it and a lot more, uh, viewing by you guys. So that’s one of our other major questions.

00:48:40,400	And yes, I would agree with John that there was a level that my parents have been maintaining the kind of front corner that is a triangle lot. They’re not sure what the walking away from the lot type thing is. I know that that land has changed hands over the last ten, 20 years, but they’ve been maintaining that lot since about 2001 or 2002. So that would be another question for us as well.

00:48:58,200	But I think the biggest thing is, is the topography and the north side. Before this was approved off, I’d really like to see what that landscaping plan is before they end up with a large retaining wall, or the developer would need to bring in massive loads of fill that would grade out the back of our yard. That’s what we’d be looking for for information. Thank you.

00:49:23,570	And I think you mentioned a day when you made your presentation. Is is this land in the floodplain or. Yeah, when. We were doing our review, it was in the 100 year flood plain. Is their intention to bring that up? Thank you again, chair. Yes.

00:49:50,800	So the intent with the 100 year flood plain, obviously for insurance purposes and city of Mandan ordinances, we do need to bring that finished floor up. Um, you know, we’re we’re a little early into it right now.

00:50:03,130	We’re we’re looking at the use at this point, as we mentioned before, stormwater management plan is going to be a critical part of that. Um, before we go to city commission, we’ll need that per year per the recommendation in here.

00:50:16,330	Um, if we get past it to tonight’s event, we’ll get a little deeper into those details of what the landscaping is going to need to be and what the retaining wall is going to need to be if there is one, and how much fill would actually need to be brought into this site. And this is a curiosity question. Do you know, can you drain that toward the bay, into the bay? A portion of it can be drained towards the bay.

00:50:33,530	Portions of it go to the ditch and portions of it right now just sit right in the middle of the lot and don’t go anywhere but infiltrate throughout the year.

00:50:50,330	And I ask the question from a perspective of I serve on another board that works with the Corps a lot, and will they allow you to to drain that stormwater into the bay without some type of application? The well, the drainage right now goes towards the bay as it is. They’ll certainly have to be further discussions with them, though I’m sure. Thank you. Thanks. Again, comments or questions on admin number two. Last call on item number two.

00:51:30,600	Chad Knutson. I’m on 29th Street. I just want clarification. So they are shop condos. They’re going to have sewer and water to every unit. There are no business, but they can be a residence okay. That’s all I’m trying to figure out is are we getting another 30 people living in the area? So that’s all I. Have.

00:52:00,470	Chair Robinson, um, the city of Mandan has ordinance against any shop, condo, residential living use. So there is no livability. I know, I know that that line gets blurred with a bathroom, but that’s not a definition of a house. So, um, it’s for personal use if you need to use the restroom.

00:52:21,930	So none of these will ever have a residential livability. Uh, to them in the zoning. Back with that. Okay. Thank you. Any other questions? Comments? Again, last call, and with none. I’ll close public hearing and return it back to the commission. Chairman, just since I heard it. And a little more clarify.

00:52:55,530	And I’m being nosy, too, I guess. Um, is that going to be a private road or a public road? Right. You’re referring to the road that would go through my understanding. That would be a public road. Sorry.

00:53:25,470	So as far as the the road goes, it’s a private road today. It’s a private driveway serving the broken. Or it will still be a private road in the sense that it’s privately maintained and things like that. But obviously it’s open for the public to use to get to the broken or. To Robinson, another question, if I might. Yes.

00:53:45,770	Um, so term shop condo is is it the developer’s intent to sell these to the individual owners or to retain ownership and rent these units out? And realizing that even if it’s the latter, sometimes that changes. But just want to understand what the intention is and how they’re being positioned. Sure. Thank you. Commissioner.

00:54:04,400	Uh, the goal is, is to sell. Of course, that’s usually sort of the first idea. Um, not everyone wants to buy their unit. So obviously we’d like to. There be some that are reserved for leasing, but the intent is to sell the individual units and they would become members of the, of the HOA that maintains..

00:54:23,130	May I continue? Yes. Can you elaborate a little bit more on the envisioned use of these? Certainly. So the the intent, obviously there’s there’s boat and trailer stores there today.

00:54:39,830	The intent would be the primary use would be storage for the people that are interested in having a storage unit there, that they can put their boat in their RV, truck, whatever it is that they’re they’re planning on, on having there, then it’s for personal use. And I think that’s where maybe some of the confusion is, it’s your your hobby area to hang out in, to work on whatever projects you’re working on.

00:54:54,630	But like I said, it’s not for commercial use. They won’t be selling products out of here. They won’t have retail storefronts or anything like that. I guess just maybe more of a comment than a question.

00:55:15,400	Again, we know that that there can be regulations, but enforcement of those becomes more problematic when you have these, you know, you don’t have a master landlord, then you’d maybe have a HOA controlling this, but but otherwise it does strike me that there is the potential that people might operate businesses out of those and try to reside in in them as well.

00:55:31,730	And so it, it would seem, um, that the parking to just say it’s for personal use and that you don’t need extra, um, parking. I suggest, you know, would think could see that becoming problematic for the area as well and then just have general concerns about it abutting, um, residential as we’ve had with, with some prior projects. Yeah.

00:55:51,300	I mean, there are certainly issues around town as far as what what becomes storage and what becomes personal use and what becomes a commercial use. Um, I think the, the Mana and Architectural Review Board, and this board has tightened that up a little bit.

00:56:03,500	It seems like over the last few projects where this has come across, because you’re running across it as well. And that’s why the the need for declaring what the uses are up front. That way the city actually has some teeth to say, oh no, this is this is specifically said what you are going to be using in here. Here’s the parking you’re providing.

00:56:17,930	If you’re doing this commercial entity in here is not allowable. Any other questions? Thank you. Thank you. Any further discussion? Item number two. Maybe just one question, Dave. We talked about an easement in the motion. Do you want to how do you do you have a little bit of language. You want it in there.

00:56:53,630	Yeah. It would be an easement for the use of the park district to connect to their trail. Um. I would. Inject it right after stormwater drainage plans. Right.. Or write it or to the city after after that phrase. Somewhere in. There. As a commission.

00:57:58,200	Have any other questions? Are you ready for a motion? I just I just have a couple things that are just going through my mind. So, um, the filling of the lots behind the properties. So I’m, I don’t, Mr. Otto. Maybe this is maybe more for you as, um.

00:58:18,070	I’m just wondering if you’re expecting or if you would, if you were anticipating that the developer. Were you hoping, ideal world that he puts filter back where you’re at so that it could drain towards the road, then is that kind of what you’re thinking to solve the problem with the water behind your chair? Robinson. Commissioners. Mayor. Yeah, that’s what we’re looking for.

00:58:36,730	Obviously, we don’t oppose a development and hoping for Mendon to grow. Um, the primary concern about the whole intent is just it does have the proper drainage. Their site isn’t draining even more onto my my mom’s site.

00:58:55,130	And just to ensure that it’s built right the first time, I just know that it is a very low area and it’s going to require quite a bit of work. So I don’t know if they’re going to try to get away with the least amount possible. If I was developing it, that’s what I would be doing.

00:59:08,730	But of course, we’re looking for the right long term fix that it does help the whole neighborhood with all that rainwater that does come from the YMCA. It is pretty substantial. So that’s that’s all we’re looking for is some involvement in. Has there been over the years just as it’s I mean, it’s been like that for since the beginning of when your mom lived there, right? Yeah. And that’s been since 2001.

00:59:26,330	But obviously the YMCA knows things weren’t there at those times. If you go through that neighborhood now, you will see ditches along the expressway that they are there, well over on there.

00:59:41,800	I know they control their stormwater management at the YMCA with their retaining pond, but it’s just it’s just gotten developed and developed and it’s getting more and more, it seems, and maybe just a little bit more moisture. But it is it is a very decent amount of, uh, precipitation and stuff.

00:59:58,030	So it’s it, I guess, as I would look at this, it’d be right to fix it right the first time, and especially not to have something go wrong here. So that’s the only reason we’re protesting at this point. Until I could feel comfortable that it was done right for the long term.

01:00:13,930	Let me ask you this as a developer, since they do have to bring it up to grade for flood standards, they they’re kind of in charge of providing direction to that water. Are they not? Correct? And if I remember right, I think there’s a provision where your building has to be so far above a road.

01:00:32,000	So that’s where I’m hoping if these buildings got to be even another foot above the road, if this is a public street, well, that pushes them up even higher. Now we’re bringing in more fill. The more fill that goes on this north lot with the north buildings. Lowers my parents yard to the back. So we’re just we’re we’re creeping even higher and lower. So that becomes a retaining wall issue.

01:00:50,770	Does it become grading more dirt into my parents lot to be able to grade it out nice and make it usable, maintainable? Just a lot of big questions there. So that’s all we’re looking for. Yeah. Is chase water after the fact. Thank you. Thank you. I guess the other question I had was like the the livability part.

01:01:20,070	I mean, I’m just wondering like how you could build any shop condo with a, with a bathroom. And I mean, you’re always going to run that risk. I guess the one question I have for Jordan is, is that something that we could, uh.

01:01:33,070	What kind of teeth do you have if someone decides to live in it? I mean, we do call the cops and they kick them out, or. Or do you? Because at this point, if we give our blessing. Right. That’s always the that’s always the curse. Appears like we give the blessing and then everything’s forever and stone. Kind of curious how that works on on the other end..

01:01:48,800	Chair. Robinson. Commissioner Gardner, um, I think one of the things that we look at is the, the zoning use of that, um, in the past, we’ve had a few that have been, um, I know there’s different approaches to this, uh, livability section of this. Um, obviously at this time, we we don’t have that.

01:02:11,870	And, yeah, the enforcement of it, uh, I can tell you that there will be more coming, um, for the most recent projects we’ve had that you have all seen, uh, that have been coming. And I think one of our teeth, per se, is this special use permit that is required to, um, continue with uses.

01:02:34,270	And, uh, what what what we have asked for is up front, what are these uses? What what are you allowing? And, you know, we need to follow that. Um, the other the other side of it. I know Commissioner McLean brought it up, but we do. Um, when the building permit is approved and brought in the the HOA documents.

01:02:54,130	And I know we saw this with the last one as well. Um, very significant document that gets brought alongside of these projects. Um, as far as, hey, these are the rules that we play by and what, what is allowed. So we use those as well.

01:03:13,900	Um, in that determination and, and to use that as teeth, I guess, if that’s what you’re looking for. Then my last question is on the easement part. Is that was that a heavy lift for the developer to to grant that, or was that pretty pretty simple. Pretty easy. Well, I didn’t take that. I should have. Sounded closer. To here. It’s the only exercise I get all. Week.

01:03:36,170	Thank you. Mr.. Yeah. The easement for the Park district is a fairly it’s a non-factor really here. The the the trail that they have is basically in the ditch. This is basically just access to get them through here. There’s a little little area you can see where people have been using and just created a trail system.

01:03:50,270	Basically through this area. We have no intent to block it. We can certainly grant an easement so that that remains open. You’re basically just talking about a sidewalk with. Up to save you a few extra steps. I got a question.

01:04:09,330	Um, being involved in a few homes in the past, what is the intent or how do you plan to structure that, at least to begin with? Is there going to be a couple, uh, leases that are involved in that too, or is it going to be a developer based HOA upfront? Thank you.

01:04:22,970	So yeah, initially obviously would only be developer based or there would be no units to sell unless they do any pre-sales, but even initially would have to be the developer only. And then at a certain point, my assumption is that once a majority of the units are sold, that it would be turned over to the HOA to manage themselves. They would have a board that they would have. To elect. Thank you.

01:04:38,130	I can just comment a little bit on that HOA thing. I think the reason why I asked the question is Jordan’s right. Your your HOA docs are very important because that’s how you can kind of get some teeth in there and then it’s just as good.

01:04:48,730	Then you have to have a good HOA to enforce said documents. So usually typically in a project like this, the developer will take ownership of the HOA until it gets over 50% sold, and then they’ll create the HOA.

01:05:08,070	And I’m assuming you’ll have in the HOA docs or your covenants how many members you’re going to have on said HOA board and all that other good stuff. So Jordan’s right on. This is very important document that will help us enforce a lot of things. That was the basis of my question, too, because they’re going to help police overall that how those units are run to, which is going to help everybody in here.

01:05:25,630	Yeah. Thank you Commissioner. Obviously they’ll have a substantial financial interest to themselves. They’re going to want an HOA that they can verify that their neighbors are going to maintain their property as well and contribute to the overall upkeep.

01:05:40,370	Well, and that I guess the HOA doesn’t give me a lot of comfort for the neighbors. I mean, because it’s being run by the by the guard dogs, I guess. I mean, just not that I’m against the project or, but I’m, I’m just thinking that, I mean, the HOA doesn’t give me a ton of comfort.

01:05:56,100	What gives me comfort is like what? What happens if, like, if we get a bomb down there that is living down there? I mean, there’s maybe I’m just asking a question that can’t be answered with certainty. Maybe it’s just not. But I just kind of curious if there’s. That was my original question to Jordan.

01:06:11,070	Like what happens on, uh, you know, at 3:00 in the morning and the cop side when we say yes, just I’m like, I’m just kind of curious. Not that I’m want to strip anything. I just want to know.

01:06:24,400	Worst case scenario, I mean, they, they’ve gotten I mean, they they can go back and point to the, to the zoning and the requirements and the HOA doesn’t give me any comfort. It’s what it’s what the city. That’s where I look. At it. Yeah. No thank you, Commissioner. It’s a fair point.

01:06:38,930	And maybe the bathroom thing throws people off like that, but it’s really no different than somebody has an office complex or any other commercial building. There’s generally, you know, there’s there’s plumbing in there that somebody could just camp out. And then that’s where they that’s where they stay. It’s just a matter of this is what we’re trying with this project.

01:06:54,270	We don’t anticipate anybody who’s going to want to live down here. I think this is just a unique project, because it’s right across the street from these homeowners, and I think I will take that into consideration with these shop condos right across the street, because if they can’t enforce those HOA

01:07:13,530	documents, I just I think it’s going to affect the resale of that neighborhood. Okay. Thank you. Any other questions? Chairman Robinson I guess. Oh, I’m sorry, I didn’t see there was a question I. Chair Robinson, mayor and commissioners.

01:07:45,700	Um, I built a ten unit housing complex with a private road, and I paid for the HOA. I got it established, handed it off, and they walked away from the HOA. The only thing it impacted is their resale value. Having a non-operating HOA, they didn’t create the board. They didn’t pay their taxes.

01:08:05,470	I would highly consider you guys to challenge yourselves to come up with what the city could do, because as a developer, I created it, paid for it, had it established, handed it off after 50%, and the owners just walked away from it. So how would you manage that kind of scenario? That’s a worst case.

01:08:27,770	But also it’s your responsibility as you’re planning, zoning and permitting as a city, what would you do? Just good question. I still don’t think that we can just condemn every shop condo just because there’s a bathroom in it, because it could be potentially livable. I just yeah, maybe my question is more philosophical than than helpful.

01:08:46,400	I’m I’m still in favor of the project, but, um, but I, I’m just kind of curious how that works, just to be consistent with what we’ve done in the last couple of years. It I mean, this is a commercial area.

01:09:03,530	It’s zoned commercial, like, um, I don’t know, I, I didn’t buy in a house or building a house next to a commercial area. So no, I haven’t walked around those shoes, but that’s why I didn’t. So. It is in the commission’s hands right now. Can I ask one real quick question? And I’m kind of going back to the storm drainage.

01:09:29,170	How complicated is I’m asking Chair Robinson, probably more than anybody else, but how complicated is this? Um, storm drainage problem here? Um, are we going to see a lot of problems down here or not? That’s that’s. My question. I mean, if you can, if you can straight line it to the bay with without a ton of regulatory interaction. Easy.

01:09:53,200	I would think if I’m, if I’m bringing these buildings up to grade and I’m in charge of the dirt and moving it around and, and creating the lay of the new lay of the land. Uh, I don’t think it would be super difficult. I do, you know, I get that a lot on the other side of the road.

01:10:10,770	Uh, worst case scenario, do you have to drop a culvert? I don’t know that that would be probably the only step. Are we ready for a motion? Just to maybe get it moving along so we can get discussion and see where we’re at. I can make a motion.

01:11:16,330	I move to recommend approval of the special use permit for lot 35, block one, Marina Bay addition. Contingent on the requirements that the applicant provide detailed landscaping and stormwater drainage plans, and an easement for Parks and Rec for a walking path to the city. Prior to final approval by city Commission. And I’ll second that.

01:11:49,430	By Commissioner McLean. Second by Commissioner Gardiner. Motion is to recommend approval to the of the Special Use Permit for lot 35, block one, Marina Bay addition, contingent on requirements that the applicant provide detailed landscaping and stormwater drainage plans to this city and provide recreation path easement to parks for user

01:12:11,930	access. Basically, is that prior to the final approval by city commission? Questions on the motion. Chair Robinson I don’t have a question on the motion, but I’m just going to express concern again about the proximity of this to, um, single family residential and just the inconsistency in land uses.

01:12:42,870	We have a property that’s zoned commercial, but then are told that that the shop condos will be only for personal use. And so it’s doesn’t strike me as something that’s benefiting. Um, the, the surrounding neighborhood. And I see it as having a detrimental effect on the, the surrounding properties. So, um, I will be voting in opposition to this motion.

01:13:06,330	Thank you. Any other comments? None. Roll call. Vote, please. Hold on, hold on. Wait. Uh, Commissioner Huber, have you. You used to work for the city, and I want to know if.

01:13:28,770	Have you seen any other plans down there for commercial for that piece of property? Um, I can say that I have not ever seen any plans for for this particular property, but it always seems for for everything. There’s a time and a place and and, uh, if there’s interest in developing this, it seems like there could be some other, um, avenues that could be considered. Thank you.

01:13:49,030	Any other comments? None. Roll call. Vote, please. Commissioner horn. Yes. Commissioner. Huber? No. Commissioner Lang. No. Commissioner. Mutter. Yes. Mayor. Freilich. Yes. Commissioner. Infeld. Yes. Commissioner. McLean. Yes. Commissioner. Smith. Yes. Commissioner. Hammond. Yes. Commissioner. Gardiner. Yes. Commissioner. Renner. Yes. Chair. Robinson. Yes. Ten one. Ten. Two. Ten two. Oh, I was. Correct.

01:14:50,400	The ayes have it. 10 to 2. Third item for public hearing, consider a request for preliminary plat to be named. 1884 edition. David. Commissioners. Um, again, this would be a request for preliminary plat to be named the 1884 edition.

01:15:29,530	Uh, just for some background, the applicant met with staff at a pre-planning meeting on February 5th, and some concerns were discussed there regarding master planning of this property. In light of the recent call additions.

01:15:54,530	Final plat, which was approved uh October 7th, 2025 at City Commission uh the master plan as part of that call edition final plat was approved by city Commission on the August 19th meeting 2025. So this would be the preliminary plat for the 1884 edition. Located in Southeast Corridor section 32, uh, within the TJ. It’s previously partially platted as lot A and has six existing lots, and I won’t list all of those here for you.

01:16:19,230	However, the total area to be platted is 15.3 acres. Uh, with four lots in block one and three lots in block two. Uh, if you’re able to see that in your packet there, it’s kind of a busy plat. Um. Let’s see, lot two of block two has a long panhandle kind of shape there. Uh, that connects it to 22nd and a half avenue.

01:16:50,070	And lot three of block two, which is on the left side of the plat. There is a nonconforming remnant. Um. Then lot three of block one has access to what is being called call Street, kind of on the top edge of the plat there. That right of way they’ve labeled as Call Street.

01:17:14,670	Also be a corridor, kind of the Panhandle thing. Again. So the currently access is via 22nd and a half avenue and a proposed 66 foot wide axis easement, which would run across the top there. Again, that would be that call street.

01:17:41,870	Um, and there was a bit of confusion as to the status, I guess you could say, of 22nd and a half avenue. Um, which had portions of it platted in 1994, even though it was already at that time public right of way. Um, some of your adjacent zoning, agricultural on northeast, southwest, future land use plan designates this area as public land.

01:18:05,570	And it’s shown outside the 2030 growth boundary. Uh, the very low density residential nature of the development should be in line with that. Um. Let’s see some comments and concerns. Uh, preliminary plat appears to protect access to existing and proposed lots. Uh, we request that the owner and applicant develop an updated master plan prior to submission of a final plat.

01:18:29,570	Uh, lot three, block two is kind of an odd configuration and may not be able to be developed. Um, and the preliminary plat does not show the existing access easement to the existing lot two of Collier Edition, which should be maintained and shown on the final plat. So that’s kind of missing from your plat. There. Um.

01:18:56,000	Yeah. In general, we kind of felt that, um, as far as, like the surrounding land uses and, uh, land owners that this plat would probably just kind of not be an issue. Um, there’s, you know, state owned land nearby and the land immediately to the south is also owned by a call trust.

01:19:19,530	And so we wouldn’t foresee kind of any issues coming from something like this. However, with that said, uh, we we do recommend kind of an updated master plan just to see how the whole property could be developed versus just kind of, uh, a bit piecemeal, I guess you could say.

01:19:40,870	Um, so with that, uh, we recommend approval of the preliminary plat contingent on an updated master plan with your, the, our suggested motion in your packet. And I’m happy to take any questions. Questions for Dave. Um, I’m just confused. Did you say that one parcel will be landlocked? No. There would. No, there would not be any landlocked parcels.

01:20:04,870	From what we can tell on the plat, it appears that everything should have access. But one would be nonconforming. Yes. And that means that can’t get a building permit. Is that what you mean by it? Could mean that it couldn’t. Maybe it wouldn’t be able to be developed.

01:20:32,130	It kind of depends, though. It’s just kind of an odd strip. So there’s nothing necessarily wrong with it. It’s just that it’s kind of unusual, I guess you could say. Any other questions? With none at this time, I’ll open it up for public comments or questions. Item number three. Taking comments on, uh, 1884 edition. Second call.

01:21:24,470	And last call. I’ll close the public comments and return it back to the commission. Chair Robinson. Uh, I know it looks. It looks a little confusing on the the way it’s laid out right now, but it’s a lot better than the way it sits right now where there’s literally lots in the middle of agricultural land.

01:21:51,330	So, I mean, this definitely is a step forward, making it more user friendly in the future. And with that, I would move to recommend approval of the 1884 edition preliminary plat contingent on an updated master plan. I’d second that. Motion by Commissioner Renner, second by Commissioner Huber. Motion is to recommend approval of the 1884 edition.

01:22:15,730	Preliminary plat contingent on an updated master plan. Questions. None. Roll call. Vote, please. Commissioner Horne. Yes. Commissioner. Huber. Yes. Commissioner. Lang. Yes. Commissioner. Mudar. Mayor. Froehlich. Yes. Commissioner. Enfield. Yes. Commissioner. McLean. Yes. Commissioner. Smith. Yes. Commissioner. Hammond. Yes. Commissioner. Gardiner. Yes. Commissioner. Renner. Yes. Chair. Robinson. Yes. Motion is approved.

01:23:04,730	Any other business? Chair. Robinson and commissioners, I just want to thank those that were able to attend our working session that we had at the library.

01:23:19,270	Uh, I know Dave was obviously presenting there along with Rachel, and, um, had some really good comment, really good discussion with, uh, not only you, but members of the public too for that. So I know their team is going to continue working on and working through the discussion that we had for that. And hopefully in the next couple of months, uh, get a new zoning code ready for you guys here. So thanks again. It was uh, it was great.

01:23:40,530	Thank you. With no other word in business, I’ll entertain a motion to adjourn. Second.