This transcript appears to be from a **Planning Commission** meeting rather than a City Council meeting (based on the references to "Commissioners" and the specific land-use items). While the Planning Commission Chair is not explicitly named in your list of City Council members, I have identified the speakers based on the context of the dialogue and the staff list provided. [0:00] **Heat** [0:16] **up** [0:59] **Heat. Heat.** [1:31] **Planning Commission Chair:** Six planning meeting. Thank you. To order. The first item of business is the approval of the agenda. Are there any changes from staff? **Terry:** There are no changes tonight. **Planning Commission Chair:** Any changes from the commissioners? Can I get a move of approval? [1:46] **Commissioner Scanland:** So moved. **Commissioner Halas:** Second. **Planning Commission Chair:** Uh that was was made by Commissioner Scanland, seconded by Commissioner Halas. All in favor say I. **Commissioners:** I. I. **Planning Commission Chair:** Oppose. Name. Motion carries. Next item of business is the approval of the consent agenda. Consent agenda are considered routine and will be enacted with a single motion without discussion unless a commissioner or citizen requests to have any items separately considered. It will then be moved to the regular agenda for consideration. Can I get a motion of approval? [2:23] **Commissioner Halas:** So moved. **Commissioner Scanland:** Second. **Planning Commission Chair:** Made by Commissioner Halas and Commissioner Scanland. All in favor say I. **Commissioners:** I. I. **Planning Commission Chair:** Oppose. Name. Motion carries. That brings us to a public hearing that we do have tonight. [2:40] **Planning Commission Chair:** Public hearing is Mo's Southwest Grill and that will be by Carter Hayes. So I will now open the public hearing. We will now open the public hearing for agenda item 4A. The affidavit of publication for the notice of public hearing is available for inspection in the planning department. Everyone wishing to speak at this public hearing should be sure to fill out the attendance roster in the back. Include your name and your address so that accurate records can be maintained. We will begin the procedure with a brief presentation by city staff followed by a presentation by the petitioner of the hearing and upon the conclusion of the presentation city staff will be asked to [3:25] comment on their proposals and policies. After that comments will be taken from the general public. Hello Carter. [3:32] **Carter Hayes:** All right. Uh good evening madam chair and commissioners. So tonight's item for conditional use permit variance to operate a new class 2 restaurant which would be at Moe's Southwest Grill. Actions tonight are to open receive comments and close the public hearing. If there are no outstanding concerns or comments and staff has recommended approval of a resolution approving the conditional use permit and variance. So, for the request tonight, the applicants are proposing a MO Southwest Grill within an existing tenant space at 7668 150th Street West in Sweet 301. Under the city zoning code, a restaurant would classify as a class 2 restaurant, which requires a conditional use permit to operate in the retail business district. It also requires class 2 restaurants to maintain a 1,000 ft separation distance from residential and institutional uses. So as you see the the location is approximately 80 feet from the institutional use across the street which is Grace Lutheran Church and 275 ft to the nearest residential property across Penock Lane. [4:48] **Carter Hayes:** So this property is located at the southeast corner of Penock Lane and 150th Street. The parcel and its immediate commercial surroundings are zoned retail business. And then once again there's institutional and residential further west across Penock Lane. We have an established record of granting similar variances. You might remember this request similar to McDonald's last year which was allowed a 200 foot setback. Popeye's in 2022 which was 494 feet and Chick-fil-A at 100. Furthermore, there have been similar requests that have been granted such as Panda Express, Burgers Bagels, Dave's, which was Dairy Queen at the time, um and Taco Bell, and those are all near the site in questions tonight. So, because the proposed restaurant is a class 2 restaurant in the RB district does require conditional use. Conditional uses are intended to provide flexibility to meet our comp plan. [5:50] **Carter Hayes:** So there was initial comprehensive plan that prioritized additional dining and retail variety in the downtown area. So this proposed use would align with that goal. This also would require a 920 foot variance to the standard 1,000-foot separation requirement. So if approved once again it would operate 80 ft to the closest residential property. So we have evaluated this application against the city code. We do have detailed findings supporting both the cup request and the practical difficulty variance. And those are the draft resolution. I did want to display the prepared difficulty on screen. I won't [6:35] read through these in their entirety but they do center on that it's a pre-existing building a multi-tenant building with established boundaries. Strict enforcement of the 1,000 ft separation requirement is the difficulty in this scenario. The applicant is mitigating the impacts by looking at the eastern most suite of the building operating without a drive-thru and utilizing the existing landscaping screening on the site. So we do have those findings of fact for the resolution in your guys' packets. [7:11] **Carter Hayes:** So for the recommended actions tonight, as a reminder, it is the policy of the commission not to take action tonight as the hearing. We have prepared a recommendation if there are no outstanding the public and the commission wishes to proceed tonight. I am happy to stand for any questions before you open the floor. Or if there are questions directly for the applicant, they're in attendance as well. [7:35] **Planning Commission Chair:** Thank you. Commissioners, any questions for Carter? Commissioner Scanland. [7:42] **Commissioner Scanland:** Madam Chair, thank you Carter for your packet. It was very thorough and I appreciate it; I hope that helps out. Did we get any feedback from Grace the church? [8:00] **Carter Hayes:** No, they were within our notification distance and we have not received any feedback. [8:03] **Commissioner Scanland:** And residents? Did you get any feedback to the... [8:05] **Carter Hayes:** Unless there are any tonight that have any comments or concerns, we did not receive any prior to that. [8:10] **Commissioner Scanland:** We haven't got anything up to this point. Okay. Um, one thing I noticed there was referencing to um in your recommendations the four points was I take it is the referencing landscaping which I'm assuming maybe needs um reconditioning or some changes there by referencing. **Carter Hayes:** Yeah, we can reference the approved landscaping plan which I believe the intention on site was some low spreading shrubs for headlight mitigation. So what was consistent with the approved landscaping plan in 2020 will be evaluated again for this. [8:47] **Commissioner Scanland:** And they're coming back to you for that or do we have to put a statement in to cover that? **Carter Hayes:** We can verify that they'll be... **Commissioner Scanland:** The way you have it without saying anything additional that they'll come back to you for approval and so forth. **Carter Hayes:** Yeah. If it's in line with the approved plan, that is our intention. [9:08] **Commissioner Scanland:** And um the other thing that's concerning with class 2 restaurants is the um exhaust hood or um exhausting from the restaurant itself. Are there anything additional we can do to mitigate that? [9:28] **Carter Hayes:** Yeah. So, one condition and that is a good concern. One condition that we did add was having the vent hoods pointed to the east away from those institutional residential properties. Now, as the wind blows, it might, you know, go anyway, but predominantly that would be pointed away towards the east. [9:46] **Commissioner Scanland:** And then when it comes to—I know when McDonald's was here recently, they were touting their unique exhaust system and how they monitor the cooking and so forth. Is there anything as far as um what's been specified here or anything as far as I guess the easiest way to ask it is good, better, best to especially when we're looking at a variance situation like this to help mitigate that from neighboring properties? [10:14] **Carter Hayes:** Yeah, I know it would have to meet the odor and exhaust and whatnot. Uh for specifics on that, I would defer to the applicant if they have any more information on what their system would be like. **Commissioner Scanland:** Thank you very much. **Carter Hayes:** Absolutely. [10:30] **Planning Commission Chair:** Carter, can you tell me who was there beforehand? **Carter Hayes:** Uh, so that was a tobacco store. I believe it was. **Planning Commission Chair:** Okay. Um, I guess I just would like to note that I found it interesting that they don't open till 10:00 and Dunkin Donuts being open early. So, it seems like the heavy traffic won't interfere really with each other and stuff like that and not being a drive-thru. So, any other commissioners have questions for Carter? [10:56] **Commissioner Halas:** Yes. Um, Carter, can we do a little review of what's on that four corners there? You said that uh the church on the other side to the west and then uh that'd be to the north across the way is I think there's a Cub Foods right in that area. **Carter Hayes:** Yep. [11:20] **Commissioner Halas:** And a Taco Bell next to that, right? **Carter Hayes:** Maybe this one shows that well. So, yeah, this blown up area here, which is kind of the immediate adjacent site, we have Panda Express, Burgers, Bagels, Dave's Hot Chicken, and Taco Bell are all within that thousand foot separate distance. Um, you know, at their own respective varying distances. [11:43] **Commissioner Halas:** And the Denny's on the other side is within that range also. **Carter Hayes:** It would be; I believe that may classify as a restaurant. **Commissioner Halas:** All right. Very good. Thank you. **Planning Commission Chair:** Anyone else? [12:01] **Planning Commission Chair:** No more questions for you, Carter. Would the applicant like to speak? [12:13] **Lisa McCormack:** Hello. Good evening. Uh, Madam Chair, commissioners, um, my name is Lisa McCormack. I happen to represent the landowner. Um, but we were a co-applicant with um the operator of Mo Southwest Grill, and I thought he was going to be here tonight. When I spoke with him this morning, he said he was. Um, but I think I'm familiar enough with the operations that I could answer any questions that you have. [12:37] **Planning Commission Chair:** Maybe I'll let you answer Commissioner Scanland's question about the ventilation. **Lisa McCormack:** The ventilation. I am aware that um because they also have a site in Woodbury and I know as you're aware there's a state mechanical code that they have to follow and I know there was something about the particulate or the particles or whatever but I know um they satisfied Woodbury's requirements. I don't anticipate there being a problem. [13:11] **Commissioner Scanland:** Okay. Thank you. **Lisa McCormack:** That's about the extent I know. I'm sorry if that didn't answer your question. **Planning Commission Chair:** Any other commissioners have questions for the applicant? Um, the hours you said start at 10:00 a.m. **Lisa McCormack:** That's correct. **Planning Commission Chair:** Until what time? **Lisa McCormack:** 11:00 p.m. [13:27] **Planning Commission Chair:** Okay. **Lisa McCormack:** Focus more on afternoon and evening. **Planning Commission Chair:** Okay. Anything else? Thank you very much. **Lisa McCormack:** Thank you. **Planning Commission Chair:** So if there's no other questions, at this time I would say please come to the podium for the citizen comments. State your name and address and all comments and questions to the chair. I'll wait till you get to the mic. [14:03] **Pat Peterson:** That's okay. Pat Peterson. I live on Fireside. Uh, I know I went to um a city council meeting cuz my concern, not with the ventilation, but uh or the smells because we all love food, but um it's the parking. This is a restaurant sit down and it's a very small parking space in front of the tobacco shop. And if they're going to use the parking over by Savers, then they're actually crossing a fairly busy drive through the parking lot there. And we've already had the issue at Aldi's with people trying to walk across an entrance into a shopping mall. [14:48] **Pat Peterson:** So, my first concern would be the parking and crossing that um drive-thru into... Yeah, I understand. I I don't know what you're thinking of the word either, but I know the entrance thing I see parking spaces or that addressed here. And the second thing is um because we are on Penock and over time uh because we've been there since you know the '90s that um putting the apartments down at by Whitney and Penock added more traffic down Penock and of course Walmart added a little more traffic on Penock and then [15:34] Aldi's came in there and then on Cedar Avenue you stop the lefthand turn at the transit station. So all of those apartments and town homes and everything over by Cedar Park Elementary, they are all now coming, which with the Aldi situation that we've all gone through has shown that that much traffic, unless you're really careful of what you're doing, causes problems, causes accidents. Uh so traffic flow and and parking are concerns of mine. I don't know if they can be addressed tonight by whoever knows that. [16:15] **Planning Commission Chair:** We can probably ask. Yeah. Okay. Was there any any other points that you wanted to make? **Pat Peterson:** Um, no. The 11:00 at night again, traffic; we're close enough that we hear the traffic going down Cedar Avenue, which is bad enough, but, um, yeah, I'm a little concerned with 11 o'clock at night. Does anybody know how late any of the other food places, Popeye's, Arby's, Chipotle, how late they are open? Well, I do know that Raising Cane's is open quite late because there's always a backup line there, too. And I believe with the Apple Valley Circle, you know, where the red post lights are and the fences, I think we're the only residential area up against that circle. [17:14] **Pat Peterson:** So, I mean, that affects us a lot. **Planning Commission Chair:** Okay. Carter, would you like to go through the parking probably? [17:29] **Carter Hayes:** Yes, certainly. I had that written down. So, this um particular restaurant, they're proposing 36 indoor seats. Um so that would equal to 12 that they're required for 35 spaces on site at this property. Um so with the existing uses with this new use added it would require 26 spaces so they're within their required range. And as far as um how late or whatever would the applicant like to—or should we have the city engineer come in with traffic? Do we have any answers for that? [18:18] **Planning Commission Chair:** Madam chair if the applicant since they're staying in there we could start with that. **Carter Hayes:** I'm sorry? [18:26] **Planning Commission Chair:** Can you repeat that, please? Madam Chair, if the applicant would like to start with the working hours since she's at the podium. **Planning Commission Chair:** Sure. Go ahead. [18:36] **Lisa McCormack:** Yeah, good evening. Lisa McCormack again. Um, I can speak to I know the other businesses in the center. Um, I believe Dunkin' is only open till like 8:00 or 9:00 and is less than that, I think. So, um for this to be open until 11:00, there wouldn't be any much other parking conflict and most of the use for Dunkin', it goes through the drive-thru. So, they don't have that much of a parking need. So, we we feel that there's and you're not coming in directly off of Penock. It comes in on a private road. Um, I appreciate and I mean I can understand why she voiced her concern. Um, we did look at that and and I believe that um Carter had even added additional requirements. Before we were only required 19, we have 35. So I think we have ample parking. Um, other than that if there's specific questions about the hours, I'd be happy to try to address them, but as I said, I I don't represent the applicant. **Planning Commission Chair:** And I could be wrong, but usually at 11 o'clock at night, people are going through a drive-thru. They don't want a sit-down. So, I don't see a lot of traffic at that point probably. [19:59] **Lisa McCormack:** Yeah. And I I would doubt if they're open till 11:00. I wouldn't think that they would serve, you know, like if they stopped like serving at 10 o'clock or something like that, too. So, okay. Thank you. **Planning Commission Chair:** You're very welcome. Go ahead. [20:30] **Brandon Anderson (City Engineer):** Madam Chair and Commissioners. I'm Brandon Anderson, City Engineer. Uh just a look of the property. Uh this will work for you might have to um gonna squint or hold your glasses closer to the screen for this one, but um if you if you recall um and this was before before me, but if you recall when this property was redeveloped as as Dunkin', um it came before the planning commission probably three or four times, you know, a handful of times. We worked [20:45] through the iterations. There was a lot of concern at the time directed towards the drive-thru efforts and how site circulation would work. So, um, specific to the flow of the the quadrant here, the city at that time did do kind of a a deep dive look at the traffic impact of a potential development here. And if you recall from some of our recent conversations or recent applicants, um, we always look at kind of worst case scenario or what what the what the highest use could be of a center at the time. So our our stance as engineering on this is that you know while we had the tobacco there previously and that probably had a lesser traffic demand than the peak hour of a restaurant, we're still confident [21:33] that um the traffic will be not a concern to where we would ask for mitigation from the applicant. Um this does factor in as well the the seat component that Carter mentioned. So when we look at the square footage of restaurant could be used, that kind of plays in. It's all connected as to how much traffic we're modeling for uh for any given building or property. Um additionally um the um public brought up a few concerns about adjacent properties and impacts to Penock. Um those are noted. We are um we are looking at Penock Lane, especially with adjacent reconstruction and potentially upcoming work specific to Penock. That'll be [22:20] separate from obviously this application, what we can do to help um get neighbors kind of in and out of the neighborhood without impacting those folks that live right up against Penock. Thank you. **Planning Commission Chair:** Appreciate it. Thank you. **Brandon Anderson (City Engineer):** Sure. [22:37] **Lisa McCormack:** Thank you. If I may just address one other point, she had brought up the concern about pedestrian safety and I point out that um up in the northeast corner, probably about a little over midway halfway to the north of the site, there is a crosswalk from the sidewalk um where pedestrians could enter through the crosswalk out of the sidewalk um without having to come in through the front. So I just wanted to offer that because that concern was brought up. [23:09] **Planning Commission Chair:** Sure. Thank you. Are there any other who would like to speak? No others. Okay. So if there are no further comments, I will close this public hearing. It is the policy of the planning commission not to act on an item on the same night as its public hearing. The planning commission will weigh all comments and information received tonight in its deliberations at future meetings. This item will continue to appear on future planning commission agendas until a recommendation on the petition can be forwarded to the city council. Where do we like to stand on this? Commissioners, anybody like to recommend an approval? [24:02] **Commissioner Scanland:** Do you have um your recommendations that you can bring up on the screen? **Carter Hayes:** Yes. Yeah, that'll be at the bottom of the screen there. **Commissioner Scanland:** Madame Chair, I'll recommend approval of a conditional use permit and variance to operate a class 2 restaurant in the RB retail business district and attached conditions. [24:34] **Commissioner Halas:** I'd second. **Planning Commission Chair:** Motion made by Commissioner Scanland, seconded by Commissioner Halas. Are there any comments or concerns? If all in approval say yay—I just went blank. Say I. **Commissioners:** I. **Planning Commission Chair:** And oppose. Nay. This motion was carried. Thank you, Carter. **Carter Hayes:** Thank you guys. **Planning Commission Chair:** Yay. That's why I have my cheat guards. [25:13] **Planning Commission Chair:** Okay, that brings us to number five, land use action items. And it looks like there is none tonight. So, we'll go to other business. And looks like Tim isn't here, so we'll have Terry. **Terry:** Thank you. Uh, so the next upcoming planning commission meeting is April 15th. And then the following after that is May 6th. Um, upcoming city council meetings are April 9th and then April 29th. And then just one other item I wanted to point out that on Saturday, April 11th is the um Home and Garden Expo. It will be at um Eastville High School from uh 9 to 3 p.m. [25:46] **Planning Commission Chair:** Yep. That's always a good turnout. Thank you, Terry. Did I get a motion to adjourn? **Commissioner Scanland:** So moved. **Commissioner Halas:** Second. **Planning Commission Chair:** Motion made by Commissioner Scanland, second by Commissioner Halas. All in favor say I. **Commissioners:** I. **Planning Commission Chair:** Meeting has adjourned.