AGENDA MANDAN PLANNING & ZONING COMMISSION

COMMISSION ROOM 5:30 P.M. April 23, 2018

Roll Call, Reading and Approval of the February 26, 2018 minutes.

INTRODUCTION

John Van Dyke as new Principal Planner.

PUBLIC HEARINGS

1. A request from David & Brenda Meyer for approval of a zone change from RM (Multi-FamilyResidential) to CB (Commercial). Said property is located at 4809 8th Avenue SE, Lot 31, Block 1, Heart Ridge Addition in Section 34, Township 139N, Range 81W, of the 5th Principal Meridian, Morton County, North Dakota.

A. Staff report B. Open public hearing C. Close public hearing D. Commission action

2. A request from Dakota Pioneer Land Company for approval of a Replat of Lot 1, Block 4, WestHills Estates Second Addition, in Section 7, Township 139N, Range 81W of the 5th Principal Meridian, Morton County, North Dakota. The property is located at 4721 Corvette Street NW.

A. Staff report B. Open public hearing C. Close public hearing D. Commission action

3. A request from Dakota Pioneer Land Company for approval of a Replat of Lot 7, Block 4, WestHills Estates Second Addition, in Section 7, Township 139N, Range 81W of the 5th Principal Meridian, Morton County, North Dakota. The property is located at 4601 Corvette Street NW.

A. Staff report B. Open public hearing C. Close public hearing D. Commission action

OTHER BUSINESS

1. Reintroduction/Update regarding draft ordinance to amend the Mandan Municipal Coderelated to Medical Marijuana.

MANDAN PLANNING AND ZONING COMMISSION MANDAN CITY HALL BUILDING

February 26, 2018

The Planning and Zoning Commission of Mandan duly met in session in the meeting room of the Mandan City Hall on February 26, 2018, at 5:30 p.m. CDT.

Roll call Commissioners Present: Zachmcicr, Klein, Knoll, Helbling, Leingang, Laber, Liepitz, Frank, Renner, Camisa, Robinson

Commissioners Absent: Klemisch

Commissioner Laber motions to approve the January 22, 2018 minutes. Commissioner Frank second'Y. Upon vote, motion passes unanimously.

NEW BUSINESS

1. A request from Koch Construction Inc. for approval of a final plat named Mandan Hill Addition with a zone change request from R7 (Single-Family Residential) and A (Agricultural) to R7 (Single-Family Residential), R3.2 (Two-Family Residential), and RM (Multi-Family Residential). Said property is Part of Auditor's Lot 10 in Section 23, Township 139N, Range 81W, and Part of Auditor's Lot Gin Section 26, Township 139N, Range 81 W of the 5th Principal Meridian, Morton County, North Dakota. The property is located south of 1-94, north of 61h Ave NE and west of Mandan Avenue NE.

A. Staff report. Justin Froseth, City Engineer, describes the item. This final plat is for phase I. There is approximately 28 acres on this plat. They are also requesting zoning to allow single-family and twin home residential. MDU wants payment for the relocation of their transmission line before any work is done on the development. The developer is proposing a change with Crying Hill Drive. The original plat layout had this road ttmling to the north. The new layout has the road going through to the east boundary. This also changes the lot configurations a little bit. Instead of 7 lots in Block 6, there will now be 6 lots. This change is consistent with last yeai"s preliminary plat. Staff approves the changes. A thorough review of the legal descriptions and title of the propc1ty will be done before a plat can be filed.

Commissioner Lieptz asks Justin if the road is the only change since the agenda packet has been distributed. Justin thinks that is the only change, but we can check with the consultant.

Commissioner Laber asks if the storm water plan needs revisions to account for the change in the plat layout. Justin says the change is small and shouldn't have a significant impact on the storm water plan. Justin points out on the plat where the retention ponds would be. The lots set aside for retention ponds will have undivided interest.

Commissioner Camisa wants to make sure the ownership certificate is correct. Dave Patience) Swenson Hagen) representing for Koch Construction, says Michael Koch's intention was to transfer the property to Koch Construction. Marilyn Koch is the executor of his estate. She could transfer the property lo Koch Construction or sign as executor.

B. Open public discussion.

DeNae Kautzmann, adjacent landowner at 1001 Crying Hill Drive, along with her husband, Peter Anderson. "Are we preceding under the recently passed Ordinance No. 1281? Because there are requirements that have not been met under the new ordinance. What I want to tell the conunission is we have two documented easements that are affected by the proposed phase I plat that you have before you. We have met with the Koch family in regards to the existing easements, but as of today we do not have an agreement regarding their lease. The reason there was an amendment that was offered today it was a result of some of the negotiations that have been ongoing. I an1 confident that we will be able to reach a resolution, however, if we don't, 1 do have a question and that's in regard to the storm water management plan. The cunent topography has been changed by Koch Construction to the west of our access road and it has partially eliminated the runoff into the holding pond. The water on the east side of the built up dike cannot reach the pond without it flowing down our road and onto 9th A venue. The elevation to the property to the west of our road has been raised to a level that turns our road into the drainage ditch and this will destroy the access road. What I've been wondering is whether this drainage issue has been reviewed hy the city and whether it has been addressed in the storm water management plan."

Justin says the 1 O' drainage casement shown on the plat is not to be disturbed. It is on the east quarter of the Jots that border Mrs. Kautzmann's property. This easement leads to the storm water drainage lot, according to the storm water plan. While it is under construction, the neighbors need reasonable access to and from their properties. It is the developer's responsibility to make sure that is done during construction. The storm water management plan that was reviewed close to a year ago did not show any evidence that the roadway would be flooded out. He invites the consultant to speak about the storm water during the constrnction phase.

Commissioner Leingang leaves at 6: 15.

Chair Robinson asks DcNae if it is the section shown as lot 7 on the plat She says it runs the entire length of their road. At the very bottom is where their pond is. When you come up the road, it gradually elevates. There is a huge wall of dirt she calls a dike, for lack of a better word. As the water runs down the hill, it runs across the access road because the drainage ditch is gone now.

Justin says there were concerns last fall regarding that access road and the developer was reminded to take care of that road. He may have to go take another look now and keep an eye on it this spring.

DeNae says she was told this plat was grandfathered in under the old ordinance in regards to Ordinance No. 1281. She asks for clarification. Malcolm Brown, City Attorney, says he doesn't recall using that term with staff. He thinks the procedures taken for this plat is a mix of the old ordinance and the new ordinance. DaNae says th~y are willing to work \vith Koch Construction and have had good meetings. They do support the project. The easements affect what they will be able to do with the plat.

Commissioner Frank asks DeNae if she is supportive of the plat as it is presented. DeNae says she would prefer to have a legal agreement in place before it is approved.

Deb I loiter, 1101 Crying Hill Drive NE, "I live adjacent to phase one, but I have property interest in phase one. We're basically at the same place we were last year. My objections to the plat are basically the same as they were la~t year. I have a deeded access road as do the

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Kautzmann's and Peterson's. It is in the way of the developer and he has basically ignored my ownership rights. He's platted over the road turning part of it into lots and part of it into a paved road. This was done without my consent and without my input. The developer has refused to talk to me or allow me at any of these meetings because basically he feels my house is in phase two. The Kautzman's/Peterson's are in a different situation because their house is in phase one. So they have had several meetings with both the city and the developer about the access road we jointly own. They have a deeded meets and bound casement and they have a deeded access road. I have a deeded access road. The deeded access road is the same for both of us. The only reason there's a possibility of an agreement is because about a week ago Mr. Anderson went to the developer and said we have to solve this as a group, and I have to be included. In the past, the engineering office has said that an agreement has to be reached between all of us before this can go forward. I hope we can reach an agreement. I think we can, but I would ask that the finalization, the approval of the finalizing of this plat be continued until an agreement can be reached. I know the developer will disagree with this. That he wants no delay in moving forward. So that he can get to the next stage of the process. However, he's been aware of these issues for a year and a half and he's refused to deal with them. A year ago in April, this commission had a special meeting to help him through the process and he still failed to deal with these issues. Now it's a year later and we still have the same issues. I'm not sure Mr. Brown. Are we dealing with the new ordinance or the old ordinance? I wasn't clew· what you said."

Attorney Brown says a combination of the old and new ordinance procedures were done.

Deb, "The reason we are asking because the masterplan has not been noticed for public comment nor has it been approved by this commission. That's required under the new ordinance. I object to the plat based on my legal rights to a road that has heen there 60 years. This has been going on for a year and a half. As to the zoning, I have a couple concerns. The zoning changes need to apply only to the area contained in phase one. ls that my tmderstanding? The multiple family homes which are R3.2 and RM are on Division Street and north of Division Street but not south of Division Street? Is that correct? South of Division Street is only single-family dwellings."

Justin Froseth says south of Division is R 7 in phase one. As you go further east according to the masterplan there is R3.2 south of Division and commercial further east by Mandan Avenue. The commission is only acting on phase one tonight.

Deb Holter, "My only concern and it was brought forward at the meeting last April by a number of people on what is going to be Division Street is zoned as R3.2 which is multi­family dwellings. In our zoning ordinance we try ... it is not recommended to do that because of traffic and congestion. If the developer is allowed to continue to use multi-family dwellings on a major artcriaJ street, I ask that he'd have to obey the setback. Especially since he already been granted, I believe, so he does not have to have the 80 foot street, but isn't Division going to be a 66 foot street?"

Justin Froseth says on Division you can sec 40 feet on each half. It is platted as an 80 foot right-of-way, which he believes is appropriate as a future collector road and connect gth

Avenue NE to Mandan Avenue as phases are built out from west to east. Deb Holter, "My concern and the concern expressed was the congestion of traffic and the problem with school buses, the city bus. I don't have any objection to the zoning beyond that. When there was discussion bringing the legal title forward, there is my deed to the road that needs to be part of that title."

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Commissioner Frank asks if Ms. Holter's rights regarding the access road is diminished or removed as this plat goes forward. Ms. Holter also made reference between the deeded access, as far as meets and bounds vs. the access road. Does the potential elimination of that matter if this road is going in and she gets access? How docs an access road and opportunity to get access to property impact her if that's eventually eliminated in its original mode and then created in another capacity? Attorney Brown says w1der the assumption her access road is on property entirely owned by the developer, the developer's dedication of Crying Hill Drive in effect moots her. .. she still has access, so does the public. As I Wlderstand it, her access was an easement on property that was ultimately purchased by the developer. The dedication as a public right-of-way in effect guarantees her the access she would have had with the private access.

Deb Holter, "I have further clarification. I have a warranty deed. Jt is not an casement."

Dave Patience, Swenson Hagen, "Just so you all know what we're talking about with all these access casements and roads, we have a highlighted map of the area in yellow is the access road that is defined on Kautzmann and Anderson's deed. In Kautzmann and Anderson's deed it's described as a meets and bounds. Otherwise, bearings and distances on how to get up and around the corner. The deed for Deb Holter it is described simply as a gravel road that has a general location. They talk about it going along the cast side of lot 31 and the north side of lot 44. Cf you sit down, it's not vague. It is the yellow road that we've shown on this map. In order to accommodate that, what we've done is we've extended Crying Hill Drive to the edge of this plat you're considering. We have not blocked the access easement in any way. On the plat, on the area that is coming north off of 6th Street, up to Crying 1 lill Drive we've actually shown it on the plat, with a document number, so that nobody has given up any rights on this. In other words, they still have their access easement and it runs off to the east, we've covered it with a dedicated street. After this plat, Ms. Holter still has her access easement and her driveway. Both there. The reason we have gone through the lengths that we have to protect or identify these easements is because we don't sec an agreement being concluded by the middle of summer, or the end of summer, or maybe this time next year. Yet, we have a subdivision plat of a development that is thoroughly underway. There has been grading out there, there's heen utility work. This development is moving along. All we need now is a plat so that we can sell a dozen lots or so to the people who are standing in line waiting to build houses and the city can set up a special assessment district so we can put the street into place. That would be our goal. You've heard we met with Kautzmann, Anderson, Holter. We have not had many meetings with Holter. We've had a few contacts, emails, conversations. Recently, we were told Deb Holter wanted to keep her easement as the extension of Crying Hill Drive. So, we offered to extend Crying Hill Drive for another 7 or 800 feet and give it to the city as a right-of-way. Kautzmann and Anderson said they wanted access to a lot they have east of their house. So, we offered to dedicate a street on this plat that get access to their house. They said they wanted to acquire some land from the Koch family. We offered to put those into lots on this plat. That's the area where the cul de sac is shown on the monitor. We've offered to put Deb Halter's driveway in a separate lot so we could deal with that in the future. These would all be tools that would help establish this agreement everybody is talking about. We were told that, no, they didn't want to add that to the plat, no, they didn't want those items addressed as pa1t of the plat. Now we're back to that we're going to extend Crying llill Drive and Deb Holter will have off the end of Crying Hill Drive she'll be on her gravel road again. Run to the east about 400 feet and run south about 500 feet and turn into her house. We've left it that way. Nobody's lost anything. We've identified the recorded easement on the plat so nobody loses anything. This is so, so in the future, if this does go to comt to get resolved, everybody still has all the rights they came in

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with. Meanwhile, Koch Construction still has a subdivision with people waiting for it to finish. Mike himself told me he didn't care if those lots on the east side of the street where the paved road is up to Kautzmann and Anderson's house is, he didn't care if that sat there for two, or three, or four years, while we were resolving this issue. That's how much confidence he had in it. That it was going to remain an issue. Koch Construction's already acknowledged when Crying Hill Drive goes in Kautzmann and Anderson's driveway is going to have to be adapted and there is going to have to be an apron onto the public street. We know that will happen someday in the future with I loltcr's driveway also. If I'm going to put a public street and I'm going to cut off your driveway, I have to repave a piece of your driveway and put in an apron for you to access your property. We know that. After a year of discussing this, I don't think we're much farther today than we were a year ago. I anticipate it going on. If the planning commission says we have to resolve this, before you'll approve the plat then this development is going to sit there."

Justin Froseth says the version of the plat Dave was referencing came in on Wednesday afternoon. Staff was asked if we would bring this to Planning & Zoning tonight for consideration since it docs add about 3 Yz acres that wasn't noticed before, there's right~of· way added we didn't think that was enough time for us to review and feel comfortable bringing this itineration to planning & zoning tonight. Even though, Daves point was that this would be the plan picking up in the subsequent phase.

Dave Patience says they have revised the masterplan so it includes Crying Hill Drive. Once they submit a mastcrplan to the city, it can always be referenced back to.

Resident, ''The question I have is to make sure that when I see development like down hy the middle school with those very large apartment buildings butted up against the single-family dwellings, just east of the middle school kind of scare me a bit because I believe a final plat was approved and it was going to be single-family dwellings right behind that and then it was changed. r just want to make sure there would be notification to the residents in the area if a plat was going to be changed to multi-family dwellings other than what is already over by the interstate. I guess connecting properties would be notified if there was going to be a change from what was approved? I am in favor of this development. J ,ct's get this thing moving."

Chair Robinson tells him he would be notified ifthere are any zone change requests.

C. Close public discussion.

D. Commission's action. Commissioner Leingang motions to approve the zone change and the final plat with two conditions. 1. City staff to review all legal descriptions on final plat with appropriate signatures. 2. City must be copied in on the agreement between Koch Construction and MDU, before it is signed, outlining Koch 's intention to pay for the relocation uf the electrical transmission line. Commissioner J,iepitz second<;. Upon vote, the motion passes with the following vote: %achmeier-aye, Klein-aye, Knoll-aye, Helbling-aye, Lein[?anK-aye, Laher-aye, Liepitz-aye, Frank-aye, Renner-aye, Camisa-nay, Robinson-aye

2. A request from Primecore Development for approval of a final plat named Cypress Grove Estates. The property is Lot 2, Block 1, School District 6th Addition in Section 8, Township 139N, Range 81W of the 5th Principal Meridian, Morton County, North Dakota. The property is located on 37th Avenue NW, south of Red Trail Elementary school.

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A. Staff report. Justin Froseth, City Engineer, describes the request. This plat encompasses around 10 acres south of Red Trail Elementary. This came before the commission a couple years ago as Ash Grove Estates. At that time, there were concerns with the density and the right-of-width of 60 foet. Those concerns have been addressed with this plat. There were also concerns about storm water management. The developer has submitted a storm water plan. The Jot designated for storm water is sufficient in size.

B. Open public discussion. Chair Robinson says a neighbor, Ken Geiser, has submitted a letter of concern about the storm water. Chair Robinson asks about the same engineer providing two different stonn water plans. Justin says he focused on this new submittal. The consulting engineer can probably answer those questions. Justin does have storm water management plans for the surrounding watershed area. A majority of the watershed for this development will collect in the pond and be carried by pipe, flowing to the cast, under 34lh Avenue NW, where it will go into a channel and flow south into Porsberg Dam. There should be a decrease in flow with the development.

Conunissioner Laber asks if the alkaline soil that would be saturated is laid out over Lot 7. Justin says what is there today will change with shaping the land for development. The pond will be deeper than it is now.

Jason Petryszyn, Swenson Hagen, represents the developer. He says the soil Commissioner Laber is talking about is fairly flat. The area will be reshaped to provide sufficient storage volwnc. They will also put a control structure on the 18 inch pipe. Today that pond isn't a sufficient size to handle that runoff.

Daryl Keller, resident, "My concern is we have a retention pond for the school too. We're building another retention pond at about a 4 foot depth. f s there going to be a fence or anything. There's a lot of kids walking on that sidewalk. Are we thinking about child safety at all? We're talking about 4 foot water depth. We should think about some kind of protection for the kids walking on that sidewalk."

Jason Petryszyn says they will be putting in some landscaping to shield the pond. Within a couple hours of the begilll1ing of the st01m, that pond will be dry again.

Daryl Keller, "The city pond is also higher than the sidewalk. I clean that sidewalk. It is never cleaned. If that is going to be raised above that sidewalk, we are obviously going to have snow blowing in there and have to keep that sidewalk clean. Kids shouldn't have to walk through snow and ice going to school. We should be able to keep those sidewalks clean and maintained."

C. Close public discussion.

D. Commission's action. Commissioner Laber motions to approve the.final plat. Commissioner Camisa second~. Upon vote, the motion passes unanimously.

Commissioner Frank motions to adjourn. Commissioner Klein seconds. Motion passes unanimously.

Meeting adjourns at 6:35 p.m.

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INTRODUCTION

Introduction of John Van Dyke as New Principal Planner

As of April 91\ 2018) Jolm Van Dyke is Mandan's new Principal Planner. Jolm was previously

providing current and comprehensive planning services for municipalities across North Dakota with Interstate Engineering. North Dakota cities that Jolm has worked with include Ray, Horace, Wahpeton and Beulah. John is originally from Boise, ID and attended Boise State University where he obtained his Bachelor's in Economics and Master's in Community and Regional Planning.

PUBLIC HEARING # 1

Application Details

Applicant Owner Subdivision Legal Description

David & Brenda Meyer

David & Brenda Meyer Heart Ridge

Addition Portion of Lot 31, Block 1, Heart Ridge

Addition (See Exhibit A) Location Proposed Land Use Parcel Size Number of Lots

1809 - 8th Avenue SE Gas

station/convenience store

2.08 acres 1

Existing Land Use Adjacent Land Uses Current Zoning Proposed Zoning Adjacent Zoning

vacant Single & two-family residential, Fort Lincoln Elementary School & vacant lot.

RM (Multi-Family

Residential

CB (Commercial)

R7 (single-family residential) & RM

(multi-family residential)

Fees Date Paid Adjacent Property Notification Sent Legal Notices Published

$550 1/30/2018 4/6/2018 4/13/2018 & 4/20/2018

Project Description

Applicants seek to rezone property with intent to subdivide approximately 2-acres of Lot 31, Block 1 of Heart Ridge Addition in order to construct a gas station/convenience store (See Exhibit D for Location Map).

Agency & Other Department Comments

The school district and neighboring property owners were solicited for comment. No comments were received at the time of writing this report.

Engineering & Planning Staff Comments

The proposed rezone does not align with the future land use map as outlined in Exhibit B. Exhibit B also shows a commercial node that was recommended further east in the area immediately adjacent to the corner of 19th and 1806 (approx. 3,000 ft. east of the subject property and encompassed by a blue dashed line). However, unknown at the time of the creation of the comprehensive plan, a local church has ownership of a portion of the property to develop for a future site. This will greatly impact the likelihood of the node being fully developed as originally outlined in the comprehensive plan.

The comprehensive plan promotes nodes approximately one to three miles apart to “serve as focal points for community-scale and neighborhood services” as growth continues (p. 3-6).

In addition, the comprehensive indicates the area as planned for multi-family, which is the most intensive residential use of property. While a gas station/convenience store is likely to be more intense overall, the chasm of intensity between it and any other residential use is significantly smaller.

Due to reasons noted above, staff recommends approval subject to the establishment of a development agreement that will address concerns including, but not limited to, onsite lighting intensity, lot fencing, location/style of approaches, and other issues identified by staff, public or the Planning and Zoning Commission.

Engineering & Planning Recommendation

Staff recommends approval of this request subject to the establishment of a Development Agreement.

Mandan Planning and Zoning Commission Agenda Item For Meeting on April 23, 2018

Mandan Engineering and Planning Office Report

Portion of Lot 31, Block 1, Heart Ridge Addition Requested Action

Rezone

Proposed Motion

Move to recommend approval of rezoning of that portion of Lot 31, Block 1, Heart Ridge Addition as shown in Exhibit A.

ORDINANCE NO. 1287

AN ORDINANCE TO AMEND AND REENACT SECTION 105-2-2 OF THE MANDAN CODE OF

ORDINANCES RELATING TO DISTRICT BOUNDARIES AND ZONING MAP.

BE IT ORDAINED By the Board of City Commissioners of the City of Mandan, Morton County, North

Dakota, as follows:

SECTION 1. AMENDMENT. Section 105-2-2 of the Mandan Code of Ordinances is amended to read as

follows:

The following described property located within the City of Mandan, Morton County, North Dakota shall

be excluded from the RM (Multi-Family Residential) and included in the CB (Commercial).

Lot 31, Block 1, Heart Ridge Addition of Section 34, Township 139N, Range 81W in the City of

Mandan, Morton County, North Dakota

SECTION 2. RE-ENACTMENT. Section 105-2-2 of the Mandan Code of Ordinances is hereby re-enacted as

amended. The city principal planner is authorized and directed to make the necessary changes upon the official

zoning map of the city in accordance with this section.

Tim Helbling, President

Board of City Commissioners

Attest:

Jim Neubauer

City Administrator

Public Hearing:

First Consideration:

Second Consideration and Final Consideration:

Recording Date:

Exhibit A – Legal Description of Zone Change

Exhibit B – Future Land Use Map (Subject and Surrounding Area Emphasized)

Subject Property

Nearest “Alternative” Node

Node partially planned for future church location.

Exhibit C – Additional Submittals (Conceptual Site Plan)

Exhibit D – Location Map

Exhibit C (pg. 2)

Exhibit C (pg. 3)

PUBLIC HEARING #2

300 ft

N

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N© 2018 Google

© 2018 Google

© 2018 Google

Application Details

Applicant Owner Subdivision Legal Description

Dakota Pioneer Land Co.

Dakota Pioneer Land Co. West Hills Estates

2nd Addition Replat of Lot 1, Block 4, West Hills

Estates 2nd Addition Location Proposed Land Use Parcel Size Number of Lots

4721 Corvette Street 4 -plex 15,000 sq.ft. 4 Existing Land Use Adjacent Land Uses Current Zoning Proposed Zoning Adjacent Zoning

vacant Single and multi-family residential RM same RM Fees Date Paid Adjacent Property Notification Sent Legal Notices Published

$250 2/8/18 4/6/18 4/13/18 & 4/20/18

Project Description

The preliminary plat was approved by this commission on January 22, 2018. This plat splits the one lot into four smaller lots for a multi-unit residential building with each unit being sold separately. The lot is properly zoned for the use (RM, multi-family residential). Water and sewer plans, with joint use agreements shared between the owners have been provided.

Agency & Other Department Comments

Engineering & Planning Staff Comments

This request is consistent with other lot splits allowed in this subdivision which is appropriately zoned for such density of housing.

Engineering & Planning Recommendation

Staff recommends approval of this request.

Proposed Motion Proposed Motion

Move to recommend approval of final plat of West Hills Estates Second Addition, Replat of Lot 1, Block 4.

Mandan Planning and Zoning Commission Agenda Item For Meeting on April 23, 2018

Mandan Engineering and Planning Office Report

Lot 1, Block 4, West Hills Estates 2nd Requested Action

Final Plat

MANDAN, MORTON COUNTY, NORTH DAKOTA

WEST HILLS ESTATES SECOND ADDITION

BEING A REPLAT OF ALL OF LOT 1 BLOCK 4 WEST HILLS ESTATES SECOND ADDITION

REPLAT OF LOT 1 BLOCK 4

Hydrology&Co Surveying

Land Planning

Construction ManagementLandscape & Site Design

909 Basin AvenueBismarck, North Dakota 58504

sheng@swensonhagen.comPhone (701) 223 - 2600Fax (701) 223 - 2606Civil Engineering

SWENSON, HAGEN & COMPANY P.C.

PUBLIC HEARING #3

300 ft

N

➤➤

N© 2018 Google

© 2018 Google

© 2018 Google

Application Details

Applicant Owner Subdivision Legal Description

Dakota Pioneer Land Co.

Dakota Pioneer Land Co. West Hills Estates

2nd Addition Replat of Lot 7, Block 4, West Hills

Estates 2nd Addition Location Proposed Land Use Parcel Size Number of Lots

4601 Corvette Street 4 -plex 15,000 sq.ft. 4 Existing Land Use Adjacent Land Uses Current Zoning Proposed Zoning Adjacent Zoning

vacant Single and multi-family residential RM same RM Fees Date Paid Adjacent Property Notification Sent Legal Notices Published

$250 2/8/18 4/6/18 4/13/18 & 4/20/18

Project Description

The preliminary plat was approved by this commission on January 22, 2018. This plat splits the one lot into four smaller lots for a multi-unit residential building with each unit being sold separately. The lot is properly zoned for the use (RM, multi-family residential). Water and sewer plans, with joint use agreements shared between the owners have been provided.

Agency & Other Department Comments

Engineering & Planning Staff Comments

This request is consistent with other lot splits allowed in this subdivision which is appropriately zoned for such density of housing.

Engineering & Planning Recommendation

Staff recommends approval of this request.

Proposed Motion

Move to recommend approval of final plat of West Hills Estates Second Addition, Replat of Lot 7, Block 4.

Mandan Planning and Zoning Commission Agenda Item For Meeting on April 23, 2018

Mandan Engineering and Planning Office Report

Lot 7, Block 4, West Hills Estates 2nd Requested Action

Final Plat

MANDAN, MORTON COUNTY, NORTH DAKOTA

WEST HILLS ESTATES SECOND ADDITION

BEING A REPLAT OF ALL OF LOT 7 BLOCK 4 WEST HILLS ESTATES SECOND ADDITION

REPLAT OF LOT 7 BLOCK 4

Hydrology&Co Surveying

Land Planning

Construction ManagementLandscape & Site Design

909 Basin AvenueBismarck, North Dakota 58504

sheng@swensonhagen.comPhone (701) 223 - 2600Fax (701) 223 - 2606Civil Engineering

SWENSON, HAGEN & COMPANY P.C.

OTHER BUSINESS ITEM # 1

Distribution of Dispensaries

ORDINANCE NO. 1266

An Ordinance to Amend and Re-enact Sec. 18-1-7, Sec. 18-1-8, Sec. 101-1-3 and Sec. 105-3-17 of the Mandan Municipal Code related to possession of marijuana,

drug paraphernalia, definitions and MD zoning district regulations

WHEREAS, The state recently passed legislation related to medical marijuana, and

WHEREAS, There is a need to update the Mandan Municipal Code to recognize the new state law.

NOW, THEREFORE, BE IT ORDAINED by the Board of City Commissioners of the City of Mandan, Morton County, North Dakota, as follows:

Section 1. Sec. 18-1-7 and Sec. 18-1-8 are amended to read:

Sec. 18-1-7. - Possession of marijuana. Except as regulated by N.D.C.C. § 19-24.1, aAny person in possession of not more than one

ounce of marijuana, as that term is defined by N.D.C.C. § 19-03.1-01, within the City of Mandan, shall be charged with an offense.

Sec. 18-1-8. - Drug paraphernalia (marijuana). Except as regulated by N.D.C.C. § 19-24.1, aA person may not use or possess with the intent to

use drug paraphernalia to ingest, inhale, or otherwise introduce marijuana into the human body marijuana in violation of N.D.C.C. ch. 19. A person violating this subsection shall be charged with an offense.

Section 2. Sec. 101-1-3 is amended to read:

Insert in Sec. 101-1-3 after the definition for mayor the following:

Medical marijuana dispensary means a specialty drugstore holding a current valid state permit to dispense medical marijuana to qualified individuals.

Section 3. Sec. 105-3-17 is amended to read:

Sec. 105-3-17. - MD Industrial District. In any MD Industrial District, the following regulations shall apply: (1) Uses permitted . The following uses are permitted:

a. Any use permitted in an MB Industrial District.b. Temporary livestock handling and retention facilities as necessary for the

operation of a livestock sales market, and an abattoir.c. Animal hospital.d. Taxidermy.e. Growing of medical marijuana in a closed building with a current valid state

pemit and meeting all state regulations.