Mandan Planning and Zoning Commission Meeting - July 27, 2026

The Mandan Planning and Zoning Commission met on July 27, 2026 at 5:30 PM. The primary item was a public hearing on proposed revisions to the Mandan land use and zoning code (chapters 101 and 109), which had been under development since fall 2023. The commission also heard public comments regarding a potential data center development. After discussion, the commission voted unanimously to recommend approval of the draft code sections to the city commission.

Consent Calendar

• Approval of minutes from the June 22, 2026 meeting was moved by Commissioner Smith, seconded by Commissioner McLean, and approved unanimously by roll call vote.

Public Comments & Testimony

• James Carroll (resident) expressed concerns about the proposed street tree requirement (every 40 linear feet). He argued trees pose risks to sidewalks, driveways, utilities, and require significant maintenance, placing burdens on homeowners. He asked that the requirement be removed for single-family homes, or the spacing increased to match Bismarck's standard of every 100 feet for multifamily buildings. He also raised concerns about the new MX industrial zone (currently only applied to the refinery), urging that it be evaluated further to ensure adequate buffers.
• Sonda Sowers (resident) requested a moratorium on data center approvals until the North Dakota State Legislature meets, citing the city's limited ability to enforce penalties against large corporations. She noted a $1,000 fine is insignificant for a billion-dollar company and urged waiting for stronger state authority.
• Matthew Hausauer (resident) expressed concerns about water usage and potential contamination from data center cooling systems, questioning whether residential water/electric rates would increase and whether protections against PFOS chemicals would be in place.
• Sheila Frelick (resident) questioned the timing of a proposed $120 million wastewater treatment plant upgrade, asking if it is related to a data center. She raised concerns about PFOS chemicals from closed-loop cooling systems, foreign ownership of the prospective land buyer (an Israeli company), and requested an in-depth review or moratorium.
• Mayor Frelick (commission member) clarified that no data center application has been received, and comments about potential tax revenue (own power generation, excess sold to grid) came from a single meeting with prospective investors; he emphasized that these are promises without verification.
• City Administrator Jim Newbauer stated that the wastewater plant upgrades are unrelated to the data center and have been planned for years. He noted the city cannot answer detailed questions about a hypothetical data center without an application.
• A public commenter (identity unclear) referenced Ellendale's data center water handling (reverse osmosis, trucking to EPA landfill) and noted that propylene glycol is biodegradable, while PFOS handling requires further verification.

Discussion Items

• Presentation by Rachel Lockway (Interim Planner, Interstate Engineering): She provided a detailed overview of the code revision process since fall 2023, including timeline (working groups, surveys, public open houses), findings from a Stantec audit (outdated language, inconsistent districts, park dedication limitations), and major changes in the draft. Key changes include:
  • Landscaping: Updated to mimic Bismarck code, with clear standards for street trees, buffers, and tiered requirements based on development size.
  • Access Management: Updated spacing allowances and street classifications.
  • Right-of-Way Widths: Widened minimums for arterials, created two local road standards, added rural standards for new RR (Rural Residential) district.
  • New Zoning Districts: RR (1.5-acre min lot, well/septic), MX Industrial (heavy industrial, limited to refinery on proposed map), Downtown Fringe (reduced footprint, no drive-throughs), Neighborhood Mixed Use (form-based, not on proposed map), Corridor Mixed Use (infill).
  • Specific Use Types: Many conditional uses moved to permitted with extra standards (e.g., multi-use shops) to reduce commission burden.
  • Administrative Changes: Clearer appeal process, streamlined administrative approvals for some uses.
  • Parking: Reduced minimums for senior/affordable housing and retail, allowed on-street parking credit, 80% parking construction option with preserved future space, 25% reduction allowed administratively.
• Next Steps: Zoning map update to follow in fall after code adoption; Sign code and Right-of-Way (Chapter 115) to be updated separately; Data center language to be drafted and published online by August 6, 2026.
• Commissioner Questions: Commissioner Robinson asked about buffer zone measurement (lot line vs. building – Lockway said she believed it is in the draft but would verify). Commissioner Hubner noted goal to reduce variance requests. Commissioner Intveld asked about timeline for map update – staff estimated fall 2026, pending notification to affected property owners. Commissioner asked about grandfathering/non-conforming uses – Lockway replied that existing legal uses would not be removed, and state code governs substantial improvement thresholds.

Key Outcomes

• Motion: Commissioner Smith moved, seconded by Commissioner Renner, to recommend to the city commission approval of draft land use code sections 101 (Development and Public Services) and 109 (Land Subdivision) in whole as presented, with the repeal and reservation of current section 105 (District Regulations).
• Vote: Unanimous (11-0) via roll call.
• Next Steps: The code will go to the city commission for first and second readings. The zoning map update will follow a standard public hearing process through planning commission and city commission. The separate data center ordinance language is expected by August 6, 2026, and a moratorium request was noted but not acted upon.