Mandan Planning and Zoning Commission Meeting Summary

On August 25, 2025, the Mandan Planning and Zoning Commission held a public hearing meeting to consider two preliminary plat requests. The commission approved the first request—Evergreen Heights 5th Edition—with a contingency requiring complete vacation of a public right-of-way, and tabled the second request involving South Park/South Heart Terrace 5th Edition to allow coordination with a neighboring development.

Consent Calendar

• Approval of Minutes: The minutes from the July 28, 2025 meeting were approved on a motion by Commissioner McLean, seconded by Commissioner Infeld. The vote was unanimous (10-0).

Public Comments & Testimony

Evergreen Heights 5th Edition

• Ben Capel (owner and real estate agent representing purchasers): Stated that purchase agreements expire on August 29, 2025, and that a “yes” or “no” decision is needed immediately to avoid breach of contract. He expressed full support for approval, noting that all buyers are on board and that the property’s challenging topography makes residential development infeasible. He emphasized that the vacation of Living Water Drive is central to the deal and that any further changes would likely cause the contracts to collapse.
• Trisha Dietz (real estate agent for seller Val Renner): Explained that the lots have been marketed since January 2024 and that the Living Water Drive right-of-way was created only to serve potential development that now will not occur. She indicated that the Living Water Church has no preference on the road’s fate and that the vacation process can run in parallel with plat approval.
• Greg Fazer (engineer for Val Renner): Clarified that the proposed plat includes a partial vacation of the Living Water Drive right-of-way, which staff identified as a legal technicality. He suggested that approval with a contingency for full vacation would allow the project to proceed while resolving the legal issue.
• Mike Sullivan (adjacent property owner at 1616 14th Avenue SE): Asked about potential removal of a fire hydrant and raised a question about future commercial land use designation. Staff clarified the zoning is R7 single-family.
• Del Nardello (neighbor): Expressed concern about being assessed for a gravel access road if lots are sold.

South Park/South Heart Terrace 5th Edition

• Adam Balmer (surveyor and engineer for the applicant): Acknowledged the need to coordinate secondary access with the adjacent Clover Grove PUD and agreed to table the item for one month to submit complementary plans.

Discussion Items

Evergreen Heights 5th Edition – Preliminary Plat

• Staff Presentation (Rachel): Reviewed the proposed plat located north of 19th Street East, zoned R7. The key issue is the intended vacation of a portion of Living Water Drive through the platting process. Staff expressed legal concerns because vacating only part of a right-of-way via plat is not standard practice and may not be valid. Staff offered solutions, including including Lot 1, Block 1 of Living Water Edition in the plat or removing the affected portion and proceeding with a formal vacation. Staff noted that leaving a partial right-of-way is poor planning and engineering practice. The applicant’s timeline for buyer contracts added urgency.
• Commission Discussion: Commissioners probed the legal validity of the partial vacation and the impact on lot access and special assessments. Some commissioners worried that approving a technically flawed plat could later invalidate the entire project. Commissioner McLean suggested a contingency requiring complete vacation of Living Water Drive before final plat approval.
• Commissioner Smith moved to approve the preliminary plat contingent on final plat approvals including the complete vacation of Living Water Drive. Commissioner Mutter seconded. After staff confirmed the contingency could work alongside the vacation process, the motion passed unanimously (10-0).

South Park/South Heart Terrace 5th Edition – Preliminary Plat and Zone Change

• Staff Presentation (Rachel): Requested tabling the item because the adjacent Clover Grove PUD (approved recently) requires coordinated secondary access for future phases. The applicant and staff agreed that both developments should submit complementary preliminary plats at the same time to address cross-connection. The item was advertised for public hearing, so the commission held the hearing.
• Commission Action: After hearing no further public comment, Commissioner McLean moved to table the preliminary plat and zone change request until the September meeting, to allow both applicants to submit coordinated plans addressing cross-connection concerns. Commissioner Infeld seconded. The motion passed unanimously (10-0).

Key Outcomes

• Approval of Evergreen Heights 5th Edition Preliminary Plat: Approved by a vote of 10-0, subject to a contingency that the final plat include the complete vacation of Living Water Drive (either by removing the affected portion from the plat or by completing a formal vacation process). The applicant must satisfy this condition before final plat approval.
• Tabling of South Park/South Heart Terrace 5th Edition: The preliminary plat and zone change request were tabled to the September 2025 meeting. The applicant and Clover Grove PUD are to submit coordinated preliminary plats that provide secondary access connecting both properties.
• Adjournment: The meeting was adjourned by unanimous voice vote after handling all agenda items.