you you you you you you you okay good evening everyone it is now 6:30 I will call this meeting of the Planning Commission to order the first item on the agenda is adoption of the agenda staff any changes no changes commissioners okay seeing none would someone like to make a motion move we adopt my second is there any discussion okay all those in favor say aye aye all those opposed say nay motion carries the second item on the agenda is to approve the minutes from the February 10th 2020 Planning Commission meeting staff any changes no changes from staff commissioners okay is there a motion so moved second okay any discussion all those in favor say aye all those opposed say nay motion carries so the third item on the agenda is a transit oriented development zoning ordinance and it will be presented by Miss gross thank you members of the Planning Commission for this item as you are aware the we have a consultant that's preparing this transit oriented development ordinance it's fairly complex and there are additional items one of the things that we had wanted them to do or thought that would be a good thing before we actually come before you for a public hearing would be to take a couple of projects that actually have developed there and then look at how you know the ordinance works just to make sure that you know things make sense and we're not missing something or whatever and there are a couple of items that staff is still looking into as well so the request is this was published for public hearing tonight but we're not ready to have this so the staff recommendation is for Planning Commission to table this that basically will just mean that before this can come back to you again we have to republish it and go through the standard process do we need to vote on that yes we need a public hearing on that I don't believe so okay I'll make the motion to table this until it's ready for staff to burn back any discussion all those in favor say aye all those opposed say nay motion carries so I don't for is to hold a public hearing for the transit Inc for a rezoning from by three PUD to I three office and industrial park conditional use permit amendment to allow multiple existing buildings on one lot and opens George for buses preliminary and final plan of a one lot industrial subdivision of transit team addition at 144 to zero County Road five presented by Miss gross Thank You members of the Commission and folks who are here this evening just like to introduce we do have Pat Mason who is here from Ames construction and then also Michael Richter with transit team inc and they would like to address Planning Commission tonight after our presentation and your questions of staff so the public hearing this evening involves three different items one is basically to remove a Planned Unit development from part of the subject site and that is we'll go through that but that's primarily the resulting there was a PUD that was established in 2004 and has been amended a couple of times their request is to remove that PUD approval so that's the rezoning so the entire site then which is about 29 acres would have the same I 3 office industrial park zone II then the second item is a conditional use permit amendment and that is to do a couple of things one is to allow for open storage of buses because the applicant teaming that's their business and then in addition to that there are several existing buildings on the property that are all legal non-conforming buildings so basically what the conditional use permit you could have multiple buildings on a lot they're proposing to plant everything into one lot so that would kind of memorialize the existing buildings and then in addition to the open storage for the buses they are looking at also the ability to have new dealer car inventory stored on the property as well and then there's the preliminary and final plant of transit team addition and that's just replanting the six parcels that comprise the property into one lot so the subject site on the map to the left is all in pink you can see whether the six different parcels are the site abuts County Road five our County Road five is on the east part of the site and some of the things that we'll be talking about are the access points and so the site can be accessed from Ames Drive to the north they also have an existing driveway that is in this location which is I believe that's some atures and that's an access and then there's another driveway and I'll place it here there's another driveway it's a private easement that was provided a number of years ago from Ames which allows vehicles to access the shopping center subject site from the north so those are the three access points there are no access is currently on South Cross Drive and then what this is this is called a near map it's some capability that we have and it really is just up to up to date aerial photography it's available through Dakota County but just to give you an idea of what the existing conditions are on the property and the site that's aimed our aims construction is this PC on the left and this is a patricia park site where the pewdie rezoning is requested so this is the only planted lot and this is also the plant that has the PUD zoning which is requested to be removed the names also owns everything basically down to this South cross convenience center and back up to Ames Drive and through here this is the waste management site at one point in time the waste management property and this patricia park lot to the west were all under one ownership and the PUD that we're talking about removing kind of originated back in the day when both of these properties were one owned by one individual even before they were planted so that's the subject site you can see Ames has four years of years had outdoor storage on the site they've operated at this site since the 1950s 60s one of the first businesses in the community their community benefactor as you're aware and lots of construction activities and this is a very heavy industrial site and has always been so they do also have existing unpaved surface that's been used for storage again for years and years and years there are three different buildings on the site there's the office building here there was an addition for maintenance type facility here but it's all connected then there is this facility which is like the service facility where they do repairs and things on vehicles and equipment and then there is also storage building in this location down here not sure what exactly this was but it doesn't show up on the Alta survey that was provided so and then this site really is vacant with the exception of the gravel storage lot there are no buildings on that particular site so as I've indicated for the rezoning aspect of this we're just looking at rezoning this one lot that's about 10 acres so it's a good third or more of the entire 29 acre site so it's a very large site this has the plan unit development over it and on the right what I want to show you is this is where this petitioner parking lot is that just shows that it's by three Planned Unit development and then the waste management property also has the same I three Planned Unit development zoning another aspect of this is that we've got early lake which is actually across county earth I from the subject site and land within a thousand feet of early lake and actually all the lakes in Burnsville is in a shore land district and that's what this kind of maroon line shows that it goes around through here so a little bit more than a third of the site is actually within that shore land district boundary and that's where we have some different standards that relate to impervious surface and whatnot that I'll discuss in a moment here so this is just an overview it gives you all six parcels about the only lot that's planted is a Patricia Park lot here all of these other parcels are not planted and having them planet is a benefit the community what result with the plat is that there will be over 1.4 acres that ultimately gets dedicated to both the city and Dakota County for right-of-way and easements so they are losing there's a substantial amount of property dedication associated with the plat terms of the PUD history this is included in your background just briefly we had quality waste pud that dates back to 1992 they have refuse trucks out there they have converted their trucks to natural gas but still heavy trucking they store dumpsters for a period of time they had portable toilets out there it's very heavy industrial type use and it really is very comparable to Ames except that Ames their property is used for construction equipment and construction management for all of their bridge projects and road projects so both very similar types of uses a little bit different type of thing stored on the properties in 2004 the PUD was amended and that's for the new tissue park site at West 10 acres and primarily what we're dealing with with the PUD is that they were allowed to use a gravel surface for their storage area the ordinance requires outdoor storage areas to be paved we have a couple of situations in the city where we have heavy industrial equipment that would rip up paving so they have been granted either a PUD or conditional use department to have a gravel surface just because there's no sense in having a paved surface if that heavy equipment is going to be ripping that up so that's basically allowing them to have the interim or temporary gravel outdoor storage area they had a height limit to store materials up to ten feet in height and then there was the idea that on that Patricia Park lot there would be a building constructed at some point in time so that was included in that early 2004 PUD in 2011 the pewdie was amended and that was foreseen back in 2004 basically allowing a further extension for another four years of the outdoor storage use and again that allowed outdoor storage but it allowed additional outdoor storage the 2004 PUD just allowed it on the No part about four acres of that patricia park lot in 2011 that was expanded to the entire lodge and that's what you see when we look at the aerial photos the storage height was increased to allow that to go up to 16 feet and then basically they still looked at you know we'd like to have a building out here and in fact Ames has provided annual reports back to the city on the status of this building well in 2016 as it came around I had worked with Pat and you know they had just come to to the point that we're not going to construct another building out here so they asked for a PUD amendment and what we did in this pewdie amendment rather than having all of these year you know your timelines for things to occur we just said okay let's just remove that and allow the storage until these certain conditions happen and that's what was outlined in there in terms of that agreement so that's what we're dealing with in starting with this site so for the conditional use permit they're looking at bus storage and they work with basically they have contracts with Metro mobility so they provide paratransit type bus services they go along with that these are the smaller buses generally so we're not talking major coach buses or school buses these smaller buses and what they would like to do is they are able to move into the site pretty much as is it's a really good fit for a different company Ames is interested in selling the property Metro excuse me transit team is interested in purchasing and it works out really well they both do dispatching of you know vehicles and things it's just different if they were dealing with construction vehicles or buses in this case so it fits well what they have shown on their site plan which is also the preliminary plat is basically a restriping of this pavement area that's south of the building and they are looking at having outdoor storage for buses occur primarily in these locations and larger areas have been are proposed to be striped to accommodate those buses and then in addition to that they also have parking in several locations that is primarily existing but some new additional parking for the existing office buildings etc so what they're looking at in phase one is really to be able to move in as soon as possible and be up and running light by the beginning of July with their first paratransit contract and they're looking at to have approximately 130 buses available with that first contract then the area to the south at some point in time they don't know the specific time on this thinking it could be within the next couple of years or five years they would like to expand that operation have the ability to have additional bus buses stored in that location in addition to that they also would like to be able to store new auto inventory and in our ordinance we do allow new dealership inventory to be stored and we have a permit process for that it's a temporary permit and they get that on they can apply annually for that permit but it's limited to dealerships within the city and the applicant has other dealerships that they work with outside of the city so that's why the Cu P is kind of tied in for that because they're looking for that storage that's a little bit different than what the ordinance just would permit then for Phase three if you will this is the Patricia Park lot and they're looking again at several possibilities out here looking at the potential for growth for their business and then so that would be to have buses and new vehicle inventory stored out here possibility of working with the Metropolitan Council for the Metropolitan Council for their existing buses once they're kind of to the end of life for their service they get reconditioned and then they get sold and what I had learned from the applicant today is that the actual sales of the buses would not occur at this site they would be taken off-site and go to auctions so in the planning report we have a little bit more knowledge now in the planning report we have issues with that because sales of vehicles is not permitted at all in the i3 district but actually because they're contemplating that sales would not occur on site so that's something that that could be done and could fit here also more area for a new dealership inventory where they may at some point in time divide the site and sell it to a different party just really depends so at this point in time for the purposes of the application tonight really what we would be looking for is allowing them to do the same outdoor storage use as they're looking to do on the eastern part of the site over here and that would be with again the pair transit buses and the auto dealership new vehicle inventory in terms of the development summary once they plat they lose that 1.4 acres - right away dedication and easements so it's about 28 acres they have 3% building coverage impervious surface coverage although the site doesn't have actual pavement a motor but it does have class 5 that was installed so about all that area is considered impervious so that's what about 86% and because part of the site is within that shoreline district the entire property is considered to be within shoreland so there is a minimum standard standard is 30% impervious you can go up to 75% but you need a separate conditional use permit to do that and then usually folks work with our Natural Resources Department on how they can their existing green space on the site is about 14% in the i3 district 30% would be required and again I just want to note we did put these in here so that you can see where the ordinances versus where the property is but everything on the property is legal non-conforming or actually legal based on their PUD but we provide this information so you get an idea where the ordinance is with regard to the project green space within the parking lot actually it is higher than the ordinance standard when you look around the buildings where they actually have the parking for the vehicles they hire green space and that's been a place for years and years and then building perimeter landscaping they actually would have done better but of course when you look at the two outbuildings the one for the maintenance that's completely surrounded by hard surface and then so is the the small layer of storage building to the south so that's where they're at and a lesser percentage for building perimeter and in terms of site parking I do need to clarify this for you existing stalls as they exist out there today are 72 but as the plan proposes they actually have 94 parking spaces for for their employees and why not so the required amount of parking is 83 stalls so with their plan when their plan is implemented they will have more than the ordinance requires and really where this says proposed parking this is really outdoor you know the outdoor storage the bust storage area and that doesn't count as parking it's a storage type of thing in terms of the issues for the project really because it's legal non-conforming situation and we have just the the one PUD the issue is really relate to we have the site that's in the shoreland district so we have impervious surface coverage and then we have the overall green space is less than what the ordinance would call for this would come into play if they decide to subdivide the property after it's already planted because when you subdivide each of your Lots or all of your Lots need to meet the current ordinance requirements so we do have some issues we advise the applicant of that so that they know that they're not issues for the project right now because everything is existing you know non-conforming and they're really not proposing anything different for this site at this point the preliminary plant as I indicated this is actually sideways so area to your left would actually be turned and should be the north and there are a couple of small encroachments that just need to be noted and these are identified as part of the survey and also the plat the existing sign for Ames construction once the county takes their right of way out here their sign will be out in the right-of-way so we've included a condition just to get something from writing from the county that they're okay with that signage we can't require it be removed because you get into situations of taking so but we can just make sure that the county is aware of it and I have that there's a small retaining wall encroachment and this is over the common property line with a waste management property and we did include a condition that because it will be within the easement and then also a little bit I think over the property line that the applicant work with the City Engineer and if there's an encroachment agreement that's needed they would need to do that if the wall is small enough then there may not be any impacts to drainage and utilities so it might be able to just stay there with without any issues but just to cover that until we have the specifics we did include that condition and then at this part of the site there are existing storage racks and storage that cross the common lot line again between the Ames property and the waste management property so these would need to be brought make sure that they're all on the subject site and this is just a little bit larger picture of you if you will for the area of where we're looking at the storage of the buses and where their existing parking is available on the site I talked a little bit about this driveway easement there's a letter from Dakota County that's part of your packet and they indicate that for this access they are going to be looking at this as a restricted access they will allow a permit for temporary purposes to keep that there but they may remove it at some point in time they indicate that if this shopping center is redeveloped into something else it may be removed this is something where it's a Radian right out now and there are two accesses off of South cross so there will be access regardless but this may at some point in the future be restricted and we did let the property owner for and the tenants for the shopping center we sent that information to them just so that they would be aware of that but have not had any information back from them one of the items that is addressed through the engineering element of this relates to some existing easements and when they're replanting the property they're basically just showing these same easements but in the easement they are actually private utilities and I usually do not have a public drainage and utility easement over private utilities but there are some public utilities this easement does need to stay but the area in red the city engineer is requesting to be vacated we've tried to be applicant about that and that would be something that they would work out with waste management and then the final plat is proposed it's basically one big lot even though all this stuff is on it but then in terms of recommended conditions of a number of conditions that we identified as I said we did talk with the applicant this afternoon both Ames and and the applicant and they're looking for a couple of changes which staff does not have an issue with but I've done is to note them in the red basically number one we're saying that the 2016 PUD remains effective until the Ames materials that are stored out there are removed the applicant one of the major issues that they have and that they'll be talking to you about is the restoration of the Patricia Park that 10 acre site restoring that to vegetation they would like to keep it in its current estate something that I should address further Planning Commission also is it the entire site is bounded by evergreen trees fully mature grown evergreen trees sometimes several trees deep and then also berm so it is completely screened staff had included this that it be restored primarily because that was a condition of earlier PU T's then that previous CEP conditions and these date back to when the buildings were built long time ago so they remain in effect and then because it's a PUD we do need the property owner and applicant to and consent to agree we need to put that in our finding as a fact that they agree to getting rid of that beauty of those conditions that the outdoor storage items be removed from the site prior to their final certificate of occupancy number five this is one that the applicant would like to be removed and this is that the unpaved outdoor storage biddy compacted and vegetated new outdoor storage here from a staff perspective in talking to the applicant today especially about the petitioner park site if we allow the same use there being the pair transit buses and new auto inventory there really isn't a need to include this because this really just relates to the existing site and to the south it doesn't include that patricia park initially when I was putting this together because of what the way that they had indicated they wanted to do and just not being sure it's hard from Cu P standpoint to grant a Cu P and look at its mitigating conditions if you don't know what's happening there but they know that they would like to have the opportunity for more paratransit buses and new vehicle inventory so that's why this we think that this could be shortened up and just by removing this part of the this wordage it would allow for the entire site to be used as proposed I know whether storage should be permitted on the property again this is not needed if we deal with item 6 and then the Cu P subject to filing the final plant documentation from Dakota County that the sign is okay in there right of way for the new signage they would need to get a signed permit 11 the encroachments over the lot lines need to be removed or an encroachment agreement be executed purchase the certificate of occupancy and this I think and I didn't underline this but we would really like this to be subject to the city engineer's approval as I said because I learned today that they do allow smaller retaining walls and things within the easement as long as they don't affect or impact the drainage and utility easement number 12 and number 12 is related to obtaining information on the number of employees working at the site and this is in order to take a look at the generation and traffic study for the property and the applicant is willing to provide that information but it will take you know a couple of weeks probably to be able to get all of that worked out together along with the traffic study the City Engineer just wanted the plat this is a standard condition that it's subject to conforming with the design and plant requirements and then the 14 is that drainage and utility easement that covers the private utilities requesting that to be vacated number 15 is then to provide the city with a copy of the actual private agreement for those utilities so that that is just on file with the city engineer traffic study must be completed in the applicant has agreed to do that and then number 17 this is another item in the report I had indicated that there is a standard condition for outdoor storage that limits the hours of deliveries that you can make and they're limited between 7 a.m. and 10 p.m. Ames has had the ability to work overnight up to 30 days per calendar year immunity to provide the city with notice of that man provide notification and signage there property as well what I have learned from the applicant is it for Metro mobility the they usually are leaving at 6:00 in the morning coming back at 6:00 p.m. but they do have a small amount of services that may be needed 24 hours a day so I just wanted to make sure that that was addressed with the application I think with that I can stand for questions great Thank You commissioners any questions I thank you very much very thorough I have a couple questions just about background a little bit and first and foremost I mean the topography of the area is such that driving by walking by with the fully mature evergreens you can't see a thing on that site so I I think everything that's being proposed is reasonable and frankly incrementally improving what currently exists my question I guess is a little bit more about the impact on Burnsville is Eames leaving the city of Burnsville they've been such a wonderful benefactor and partner for this city and so when I look at this I mean that is that's my number one concern so I'm just curious if if we can have a little more background on that certainly I know that the office part that is leaving this site is moving up to they have their Ames business center building that's north of 42 that's right by 42 and where the so they will be moving their offices to that site what they're moving out of the city is the heavy construction part of it and perhaps Pat can give you some more information on that okay that's incredibly reassuring thank you Commissioner what I'm just curious why is this being planted as a single you shaped lot versus two Lots since the left hand one is already planted I think what the applicant wants to do is in there what they'd like to do is to be able to utilize the entire site but in the event that something you know would occur they could look at dividing it in the future it's actually more beneficial for them to do it this way if they want to divide it in the future they can and they can do what's called a waiver of subdivision and that allows property platted property to be divided based on a survey so they would be able to do that if they planted things separately now without knowing what exactly what's gonna happen maybe where they need those boundaries to be that would be a limitation for them Thank You commissioner Jen there is a believe they have to use a paved surface to store the vehicles is that correct yes okay and would that be as a part of this as well they yes they would need to pay at that area yes it's really existing the area that they're showing for their like first phase is already paved okay it's hard and hard to see cuz there's a dustin and whatnot on it but it was actually paved here is like the edge oh sure yeah and then for what we did for the conditions is that you know if they want to do any storage in elsewhere on the property then they would need to pave that and bring that up to the ordinance standard Commissioner Anderson I was just wondering can we go back to the screen with the little study requirements number five when says the unpaved outdoor storage area so be d compacted and vegetated what exactly does that mean are they talking about cuz you mentioned before was a class five aggregate kind of thing that was everywhere store are you saying that it needs to be re recommending this ripped up and the previous PUD had looked at yeah basically that because the site you know when you use it and you're driving equipment and stuff over property for years and years that gets compacted and it's considered to be impervious so yeah the intent was then to actually come back and till that up so you loosen up the soil and then just plant grass it was not ever intended to be green space just vegetated until such a time it's developed so it would be kind of temporary and then if they did move into Phase three then they would have to pave it over yes correct can you reiterate what the redlined well you know what I did is basically after we met with the applicant today in the property owner the types of things that they are looking for us they definitely do not want to have to go through and D compact you know that area and then vegetate it they would like to keep it anyways so I just tried to highlight the ones where there are kinds of questions or modifications that we could do to make sure that the use is available for what they would want to do with it like the vegetation restored if we took that out if the Planning Commission and council determines that that isn't needed or you don't want to require them to do that then what you could do is just remove this language and the first one and then remove number five staff is recommending that we just allow outdoor storage for buses in your vehicle inventory as opposed to just limiting it to this because we now know that that's really what they intended for that petitioner park site I didn't know that at the time I wrote it yeah until today so and if you have that there's no need to indicate that there's northern outdoor storage because the only thing that is permitted then would be the buses your memo had stressed about that those points were I'm sorry drew a blank recorded with the county so what happens in a situation like this then if we remove those well it just have to be recorded the new items would have to be rewritten yes exactly what would happen if the pewdie is removed the City Council would adopt an ordinance basically removing the pewdie and then there's also I believe a resolution that they adopt which were sins all of those conditions associated with that beauty so that and that gets recorded at the county so that there's a you can track through time to see what you know what was what and similar the conditional use permit then would be applied to the entire site with the conditions the new conditions okay great Thank You commissioners any other questions there was read in the notes that there was the neighbors that talked about the old business with aims and then there was a lot of heavy construction stuff clones noisy I can understand all that and everything and then there was a note in there in regards to how much reduction of that noise would actually happen with the new concept that's going in there was there any buddy from the neighborhood that was getting a hold of the city with a pro/con you know a lot of times we'll have letters from people who are knows we didn't have a whole lot of yeah we I we sent out the same number of notices that we always have in the past so they went to all the property owners within the townhome association and single-family the tenants within the existing businesses across the street in early lake office park and the property owner same thing with a convenience store to the south I did get I believe three different calls for information on what exactly is being proposed and what are they looking at so I sent out the plans and just indicated that the change would be from you know because Ames would be relocating and with that they were happy with the information and we've not received anything further no negative feedback on it okay that's what I need to know Thanks mm-hmm as far as the signage now Ames is moving out of this site won't they be removing the sign anyhow or anyways I would think that there would be a different sign there but we just need to be really careful on how we deal with we have to be careful that we're not doing a takings that we're not taking take a break you know so that's that was what was suggested from this the city attorney we can you know make sure that the county is aware of that it's really their responsibility you know to deal with their right-of-way again hopefully with the applicant hopefully they would decide to do that we can't require it got you know the right away why is that changing at all the right-of-way portion of it what happens when when you plat is that's the opportunity to get the public infrastructure which is usually right-of-way drainage and utility easements sometimes there are some other things but those are primarily what you would get and in this case the county has they only have a certain shoot I can't do it like I can do it on my computer but what they're looking for is to have 75 feet of width from their center line and to do that they need actually an additional 15 feet of property to be dedicated from this site and yeah I think along you know if you can kind of see here along the County Road like especially going by South Cross you can see it there is some land here and then there's a little additional strip here I am almost positive that this would be right-of-way that the county has acquired over the years and or maybe the city but specifically when they made upgrades to south cross and then they put in the trails and whatnot so if they don't have to purchase those easements or that land they can do it through dedication and that's what they do and sometimes they will limit access sometimes it'll be you know we've seen this on County Road 42 you know usually it's they're trying to get us certain they have a standard width of right away that they like to see based on their types of roads or highways if you will so they look for that whenever property is planted city does the same thing I would have a lot to do with the widening up commode five and yes over time exactly yep because a lot of these before they were ever planted the land usually ran out to just some point over time yeah as they make improvements they look at acquiring additional but really planning is the only way that you can deal with those dedications for public purposes other than just having to go out and buy piece by piece by piece from property owners who may or may not be willing to sell Thank You Commissioner Anderson so with that in mind it it's not going to affect their current entrance that I'm looking at right kind of in the middle but it would do that that other one that goes to the convenience center possibly how does that kind of work this access really is not used by aims they provided this driveway easement to the shopping center I tried to find you know I found the actual easement document the private easement document where they did that when I looked up the planning and when this convenience center was approved I know initially they wanted to build a smaller the city intended and thought that this would be a smaller shopping center and then a bigger one was put in I don't know I couldn't find anything that you know talked about specifically this it may have been before south cross has been improved over the years that you know maybe the fire you know department wanted to be able to get to the site before south cross I don't I just don't know I couldn't find any any documentation other than the actual easement itself but since they don't use it for their business they don't get to keep it kind of thing if they they have already sorry about that um it's already the easement was already provided back in the 2000s or whenever this project was developed so to get rid of it you would need agreement of the easement you know recipient also to to get rid of that may think what's happening here too as the county is saying they're kind of putting the world on notice by saying that this would become you know temporary or restricted access if they wanted to take it away again you usually have to pay for that so I think they're just identifying this through a plat and kind of putting that out there of it someday when it redevelops the county may do that yeah that's why we wanted to send that information to those property owners because otherwise they wouldn't be aware of the plaque Commission you know findings and information the applicant is and the city is but so it's kind of surprised not to get any responses but still could do that thank you sure um well and just to follow up on what you just said it is really surprising that we didn't get a response have we heard anything from those property owners in the past year decade I mean that's a beautiful person right there and it's ripe for redevelopment it's in a great part of the city I'm just shocked that they're that they haven't participated in this conversation yeah they have had vacancies there there is a new daycare or that I believe is going through the permit process right now so I think they'll be doing two daycares there but other than you know permitting or interest for tenants you know and what they would need to go through the process that that's about all the extent of the contact that I've had any other questions commissioners okay with that I will open the public hearing at 7:18 if there's anybody from the audience wishing to speak please come to the podium and state your name and address for the record I this is about the third time I've done this the only person I recognize is dead a day today with friends watching the market go down so bear with me can you please state your name and my name is Doug Petrie PT RI and I happen to live in these and I don't know why you don't have a display on the lectern or up here but you're not asking they're not asking for my opinion but I would think it'd be easier to have something here so I could look at your your drawing can you put up the preliminary plot up there you have it at one time yes [Music] so Eames is selling that's my understanding of this whole thing I what comes to Mike at first transit team incorporated who is that is that a company from Burnsville maybe they don't want to I think questions would go to the chair you sure that the outward order that you will do that yes yep yep so please address the Commission and then we can okay who are they we will ask them that I'm sure they will come up in what you're trying to do from our understanding from whoever like to know their connection right now with them at console we further transit team connection Sears has probably 2000 cars on the east side of the shopping center are they part of that do they lease that land for that is that where this is going because I could see 20 30 acres you could get a thousand better cars in this easily yeah and maybe that's for justification for this I don't know I'm just curious I've not heard of them and I've not seen their name but that doesn't mean anything you've you've talked about the buses in the preliminary that are going to talk and you talked about 300 roughly plus another hundred vehicles and that's all it better be in that designated quadrant with the lines it's not my storage or a future or future right I can't let the applicant address that there first is to look at about a hundred and thirty stalls on the existing paved area and where this darker striping is that is where those bus bus storage areas will be they also want to have an additional about a hundred and forty or so the ability to have more buses in this area of the site could it be about the same about the same amount and then the rest would be available then for the new vehicle and in the the egress or the entrances you've already addressed to primary and one possible I guess that's what you were saying yes they would use aims does not use this one that accesses the south across the convenience center so yes it would be the existing driveway that's across I think from this summit summit chores and then Ames Avenue up here that access responding to one of the questions that you had up here about noise and you haven't hurt anybody I've attended only three of these things there's never anybody that attends these things in my humble opinion from the neighborhood's that's just an observation there was problems with noise in the past it's been addressed a couple of times Deb probably isn't very aware of it and they did something different to change the noise modulate the noise in some manner how many buses are going to be moving on a daily basis 50 100 200 300 well let the applicant address that that's part of one of the conditions as a traffic we have an important question don't you think I think it might be we have City Attorney can address what we have at this point but it needs to be confirmed through further yeah further study because I previewed the document that was from and it sounds like it's kind of a done deal with few exceptions and and there was very little input from the population as I explained earlier is pretty typical that I've seen at these meetings not a lot of people show up from the general population if you will why are how that's a difference question I understand will I be able to ask a question as this goes forward if once you get explanation from them or is this my only opportunity to talk to speak sure you can speak again depending on how long it is okay okay I guess those are my important questions if you could address that I thought this was farther along I understand now that maybe there's there's issues that still have to be addressed my experience as they typically are much farther along than this but okay thank you very much thank you madam chair plenty of commissioners I can address the this vehicles that are parked in the Sears lot are not part of this application they are they are there local dealerships I believe Walzer not sure if Burnsville Toyota is but we have a permit that you can get it's a temporary permit to store those vehicles out at that site so they do they get a permit each year to be able to store those vehicles but those are separate from what the applicant is going forward could be part of the it's possible it's possible a may not want to address it but I can certainly understand it yeah it would be opened and they threw it on any one of these yes they would have to get they would have to get a permit through the city from my understanding what Deb is explaining anything is possible sir chair members of the Commission my name is Mike Richter I am the owner of transit team my wife Stacy and I purchased the company in 2012 we've actually been in transit team has been around since the 1960s I'll give you some background we are after the award of this Metro mobility South Zone contract who will be the largest paratransit provider in the state of Minnesota we will operate about 470 vehicles across our entire fleet we have this Burnsville location will be our third location if it moves forward headquarters is in Minneapolis we have a facility in Maple Grove we've purchased that facility in 2016 we were awarded an agency contract which grew our fleet by about a hundred vehicles in 2018 as a part of that growth we realized very quickly we thought that maple grove facility the first maple grove facility was going to give us the girl that we needed for I don't know the next five or ten years but the addition of 100 vehicles quickly takes up space so we actually were able to negotiate the purchase of the neighboring property through that transaction we actually got into we assumed some leases from some local car dealerships regarding that space those leases are ending in June of this year we are going to be then developing that facility into more vehicle parking so curbing asphalt water retention lighting etc we're very familiar with this process the intriguing part about this is so about five years ago the South Metro contract was a new Metro mobility contract within the region it was awarded to first transit through a competitive bid we we did try to obtain that and unfortunately we we lost but it was on our kind of bucket list to add this contract we've had our eye on it since since it was established in 2015 we knew property was what's a big part of it it's very difficult to find commercial industrial property in the Twin Cities we've been active in the market for five plus years we were able through our broker to create a relationship with aims and and realized very quickly that our businesses well in different industries do overlap quite a bit and it became very apparent that this would be a good fit for them looking to sell the property and for us looking to obtain a new new parcel for this this contract so in August we began those discussions with aims and we've been working through that process we submitted our bid in January of this year and we're just awarded the South Metro contract late February and actually signed that contract today so this is something that we're working towards for an August first start that contract that we were awarded for the South Metro is an additional hundred and nine vehicles through our other contracts specifically our agency contract which does service a number of DTH facilities here in Dakota County such as life works and proact in Eagan we have a number of routes that have currently been deadheading from Minneapolis and in some cases maple grove just because of the lack of space to these southern locations so we'll shift about 20 to 30 of those paratransit vehicles down to this facility as well the hard part of this whole process is I've said a couple times now had been in a positive way wrong about our growth so the the space was the most intriguing part of this property and facility for us and so I apologize for the fact that a lot of this says future storage you know the main kind of asphalted areas the twelve and a quarter acre acre area we knew is going to be for transiting right now to start the contract August first give us a little additional growth here over the next five years of that contract but we want to be able to have that space available to us because it's so difficult to to locate this space and in other cities so the future storage and the car dealerships the auto dealership storage that that's just those are ideas that we have to help kind of monetize and offset some of the significant costs as you can imagine for this this large parcel so our ideas are well we will entertain auto portion of it we don't know what else there's other contracts out there they'll be able to bid on we haven't had the opportunity yet you know with respect to aims this we were trying to keep this deal quiet until we knew things were progressing further till we were awarded the contract so we haven't had an opportunity to market it yet for either lease or sales so we don't really know kind of what what else is out there but what we do know is that transit team is a really hard-working young organization we have done amazing things with the city maple grove my wife Stacy and I are residents in Maple Grove we have that second facility 2nd 2nd and 3rd facility in Maple Grove who actually turned a scrap yard if you were familiar with the fires the northern metal fires up in Becker you should have seen the facility that we purchased in Maple Grove before we cleaned it up and made it a transit facility but that ultimately that could have been Maple Grove on the news with a fire that burned for a week and they were happy that we came in and they were happy that we that we did those things and that's that's how we operate we do things the right way you know there is this outdoor storage we're not trying to just you know put random things in there we understand the code we understand you can pull our Cu P at any point for violating those codes we get it but what we don't want to do is is I should say what we want to do is we're buying beams property as it is what we don't want to do is go in we're making a significant investment it's very costly very time-consuming to have to D compact and plant over those gravel areas and ultimately we're going to end up having likely to pave it in the near future which means we're going to spend a lot of money and I have a lot and Pat Mason was kind enough to put together some numbers on what that would cost and the impact that it would have as far as how many vehicles would be in an out taking that but we don't want to have to do that work right away because it's costly and we know we're ultimately hopefully if things continue to go the way that they have been going to be needing that space in the short term so I appreciate your time I'd be happy to answer in any questions about our plan and proposal sure I just have a quick question you who are your contracts through are they through the Met Council or who do you get your contract yes so we we currently have two so the West Zone is the largest of the Metro mobility zones we have we've operated that since 1986 we had at the agency contract through the Met Council that's the entirety of the seven-county metro area for specifically surges serving DTH facilities people going to day training and rehabilitation programs and then the South Metro contract will be the third contract that the council has signed with us okay great Thank You Commissioner Roberts yeah quick question um in regards to how the process works if I work for you I Drive in to go get my bus yes leave my car and I take my bus correct you go in you'll park your personal car then you'll go into dispatch check in get your manifest yeah but I mean from a parking standpoint it's one or one type thing correct with all the new stuff that's happening here are these people who are currently working for you now or is this new employment that's gonna happen throughout the phase of how many times this is gonna you know your growth rate great question so currently we've identified we're about thirty six drivers overstaffed which is a miracle in this in employment market but thirty six drivers that we have already committed to this contract that live in the South Metro that are currently operating either out of army it will grow over Minneapolis facility the rest will be job hires five months yeah okay that sounds good thank you can we share Jack just to piggyback on Commissioner Roberts question alright job is you expect to bring into the city with thing and congratulations excuse me congratulations on the growth by the way thank you very much the real estate is a fun little aspect to that business and the growth as well so thanks for allowing me to be here yeah the first year we're gonna be you know we need a hundred and thirty-five total drivers on the contract in year one to start and then there's office staff of about sixteen reservationist swil have about five dispatch staff we'll have four to five technicians a building maintenance individual a janitor so you know 150 in year one and then the service itself grows anywhere from eight to ten percent so we'll continue continue hiring throughout the course of the contract and then again you know we're constantly bidding on another to work in other contracts and we know there's one for bid right now here in Dakota and Washington Washington southeast Ramsey that's another 30 vehicles it potentially would be another 50 jobs that's great can I ask another one floor so you talked about not wanting to tell up the the area and this is where you plan to put the car storage is that correct correct and is that because right now that is the the plan going forward you don't foresee any changes in that plan yeah I mean that's the the path of least resistance for us just because it's in you know it it's a part of the approved ordinances and it's something we know really well right now the dealerships especially with some of the economic stuff that's going on right now that we might see a lot of extra cars waiting to be sold and so it's just a really easy way to help monetize some of that extra space as we wait for the growth how soon do you think that would happen I know it's early that's the case we haven't had started having those conversations yet we wanted to make sure we got the signed contract and the Notice to Proceed which came today from the Met Council we want to see how this process goes with the city as well because we do still have ultimately some contingencies where we could back out of this with aims and we don't want to do that but we have to make sure that this steel makes make sense for us from a business standpoint from an investment standpoint so we'd love tenants right away but there's work we've got to find them and then we have to cope we have to bring it up to code we got them we have to put asphalt down so that's gonna take some time sure Thank You Commissioner Roberts um just to answer a question for our neighbor mr. Petrie item 16 on here he's gonna require you to have a traffic study done I mean obviously these are some you've got people coming in and you got people going out Eames of course had traffic all the time as well it sounds like it was even more at times but you're fine with that and that's something that obviously when that's done that's gonna give us a bigger picture of what's gonna happen right yeah it's a something today we were a little caught off guard just because it came on Friday afternoon it was the first that we heard of it but today through the conversations with Devon and the engineers we understand something that needs to be done we ultimately think that James uses that there's probably more there when we when we start looking at all the numbers and all the equipment and I know Pat is working on obtaining all of that so we're hoping it's really a wash if anything this is more of a answer to your question sir in regards that we are gonna have a study done on that and that something that's going to be looked at with what what we're doing here as a Planning Commission is looking at this first-time proposal and as we pick through it we can send it on to the City Council if it gets approved with these items saying you have to do this first it's a checklist that he has to take care of before this gets into August first or anything like that so this is kind of like the first step on this and that's why we kind of pick and choose where we are on this some information just showed up yesterday or Friday things like that so yeah I mean it's it's it's good that it starts here it has to start somewhere and that's why we're gonna be kind of more specific on certain things some things are pretty light-hearted so it's easy to say okay that's oh it's okay but things like a traffic study something we look at because this is a neighboring community and that's my question about the noise that I had because one of the things we have in the past is noise problems and that's something that we look at so with this when you talk about noise you're talking about dead cars right you know that aren't even moving at one point so it's gonna be really quiet right now the bus is coming in and out at certain times compared to Ames you know with the construction stuff there's no way and the way the property walls yeah no offense to Ames but i construction background I don't want metal hits metal it's pretty die nosy so enough we even if we have a metro mobility vehicle you know coming back you know one of our closers coming back and say 11 o'clock or even midnight because there was a later trip you know it's a circular flow they're gonna pull up to a fuel pump they're gonna pull into a parking space you're not even gonna hear the reverse beeper on it and and we can create that flow around that time as well one comment about the the traffic study as well as it's based on the 268 total vehicles which is our assumed growth in say five or ten years and starting time zero were at 1:30 so we're probably you know when we factor that in right now we're lower than where Ames is currently in its the future growth that kind of trigger the traffic study in this case at least that was our understanding I just wanted to say welcome to Burnsville and thank you for moving your business here and that's it's pretty awesome and I think as Deb mentioned miss grass grass mentioned that this is a seems like a perfect fit free for your business and I just think you know Ames facility it's an industrial property and this is a much lighter use for an industrial property which i think is important especially considering it's surrounded by pretty much mostly surrounded by housing so I just wanted anybody else from the audience wishing to speak good evening i'm pat basin with Ames construction first and foremost I want appreciate I appreciate your time and consideration of mr. Richter's request tonight to answer the first question we're excited to stay in Burns though as well so thank you for asking that question like Devin mentioned we are in the process of planning I'm getting our people over you know to our Ames corporate that will be in Burnsville off with judicial 42 so she's 100% Craig as far as the heavy industrial storage we found growing it we need more room so we're moving east we are working in or in Empire Township to get that finalized and so forth and so we will be severed but it will be a good thing for our growth and our storage needs here in the future for years to come I just want to add a few things on the Patricia Park point about the decomp acting and revegetating and so forth I ran some preliminary numbers on that here today and for Mike to have to do that to remove the about a foot of class five get rid of that of the site bring in another six inches of black tar D compact it do everything you would need to do just to get it D compact as it could be $300,000 and I say could because it's all about the hall on the distance on the hall and so forth and that's kind of up in there and so you get things finalized now talk about coming back in now you're gonna be bringing back in class five you have to bring in yeah if there's trip the black door you have to Reese pred that black door you have to recompile and so forth to meet the requirements and without even paving that's over five hundred thousand dollars so it's an eight hundred thousand dollar deal a few other things to point out there we have a private gate there that's automated that Mike and lock himself he realizes until he paves that you can't store anything out there so that was one strong one what he can put in place moreover it's a violation of this permit if they would use it and there's no gonna be no funny business going on nor do I think you guys would feel that way as well thirdly there's a stormwater pond in the north end of that site and that whole ten acre site lanes north to that pond and everything's pre treated there and then goes under the road judicial to the smaller pond over by Collins and four more there it goes I'm not certain but what I can tell you is I believe that was probably one of the concerns is you know Ames doesn't know if they're gonna put a building on this side you know they're using this storage we know they're starting to outgrow their site so if there's a long period in between and so forth for you know they're gonna stay here and maybe decommission that site they can't just leave it in the gravel yard because people might assume they can use it that way I think that's where it was going and also the stormwater management and those things are both in place so I guess with that that's all I really wanted to have from the things I picked up on again I appreciate your time tonight we're excited and thrilled that we get to stay in Burnsville and I'd be happy to answer any questions that you may have as well great thank you I just want to say thank you for everything you do in Burnsville and with our community I'm not going to get into my thoughts on the project at the moment because we'll do that after the public hearing but again I think you guys have done a lot of work you understand your business transit team I mean it really it's a necessary service that you provide and I think it's great that you're coming to Burnsville so that wasn't a question just to comment is there anybody else wishing to speak from the audience if not I will close the public hearing at 7:40 for commissioners any comments what are your thoughts I'm not gonna make a motion yet just cuz I think if you guys want to talk I don't want to jump into that I just want to give my Thank You Deborah I was just ask you to put that back up in regards to the items that we have here I'm a big fan of taking out at number five completely I truly believe we've done that with other companies where they go to Gore defer all because it makes sense and I got no problem with that because right now it's not working there's nothing to happen to that area anyway it's just gonna sit there so that's a wasted cost in number seven Deb the North outdoor storage shall be permitted on the property to take that out doesn't really do too much does it I mean they still have to get permits for everything that they want to do in the future for cars and I mean so it's not like we're opening the floodgates for stuff we're just making it easier right yep the only reason that we had put that in there is because we were looking at you know the possibility of four different scenarios with that Patricia Park site but if we look at it as the same uses that they're proposing then there's no need so let me ask you this question from staff the stuff that's read marked and was it number 17 the new one yep okay you get that's all staff in favor yes okay sure John yeah I would agree with Commissioner Roberts on especially number five weird it doesn't make any sense to go through and tell all that up is one of those things that would be a good reason to put a waiver on in yeah it sounds like a great a great place to or a great company come in and fill an open vacancy that aims will be leaving for us it it's a it's I think is a win-win all around for that even the neighborhood I hope you agree mr. Petrie it would be a win for you guys as well I'm hoping you agree as well would be a win for you guys as well I'm sure though the electric Sunday commissioner Roberts makes a bus is there anybody else that was wanting to say something before I okay I'd learned I'd like to make a motion and I hope I do this right the Planning Commission recommends to the City Council approval of the rezoning conditional use permit for bus and auto dealership new vehicle inventory preliminary and final plat of transit team addition subject to the following 17 conditions and then can I just list what we want to change yep I can't just say what you guys did okay on condition number one to have the redline portion taken out condition number five to be totally removed condition number six to have the red line portion taken out and condition number seven be totally removed with the addition of number 17 however second any further discussion all those in favor say aye aye aye all those opposed say nay motion carries welcome to City Council next week on Tuesday night their meeting starts at 5:30 you know in this room mr. Petri if you want to call and we know this is gonna be filled up sometimes we can let you know what it in really thank you for coming cuz yeah you were wearing a great point we do want people here we do want our neighbors here that's the reason I asked Deb if we had any more responses because a lot of times we'll get it in our profile before we get this we get this last week to look at it before tonight and we always look for that especially at our level for the Planning Commission we're the neighborhood level so we want to know what our neighbors are thinking and doing so to have you come in here is well thank you all so much thank you okay moving on to item five and that is to consider an application from Northland real estate group LLC for variance from the subdivision or ordinance drainage and utility easement standards at-15 309 Maple Island Road presented by Deb I'm sure before we get going I'm going to recuse myself on this particular item and I'm going to step out for the evening so I hope you all have a wonderful evening thank you [Music] this application this northland in a real estate project is something that has been viewed many many times at different levels of the project the last time it was reviewed the City Council approved the project several subject to several conditions January 21st and one of those conditions was to have the applicant apply for this variance to remove the drainage and utility easements some specific ones the subject site is the church property owned by Grace United Methodist Church in this location and the development the development would be actually looking to the south and they're looking at doing a 100 unit apartment building and the reason that I wanted to show this this is actually kind of their tree preservation plan but what I wanted to show you is the steep you know contours on the east part of the property and then also this area here I'm sorry this area is in the report referred to as the 30-foot public right-of-way and drainage and utility easement so what happens now is you have this entire site basically going downhill and it gets routed the water runs basically downhill and then down to there's a pond south of the property their property line ends here the pond is fitted to the south and it includes I believe some MnDOT drainage goes to that then also this site and other public drainage from maple Island Road so what the applicant has proposed to do and this is what was approved by the City Council is this is the their front property line the west front property line and they are proposing to we use the existing driveway they're going to make improvements to that existing driveway to put in curb so that will actually be able to control stormwater runoff where it does not know then they will be installing a new parking lot and then this will be the new driveway to enter the building parking underground and this is another entrance right here is where the retaining walls are within the 10-foot cladded drainage and utility easement and what I mean by that is when properties are planted the subdivision ordinance has design standards for Lots and it's getting at all those things that that are needed you know for Lots to be able to work the general standard is that you have drainage and utility easements that go around the perimeter of the property usually they're wider at the front side where the street is in this case for Burnsville it's ten feet and then at the side lot lines on either side of a side property line there five feet and then they can be five feet in the back it just depends they can also be much larger and the subdivision ordinance allows the city engineer to work with the applicant and have them plat a larger drainage and utilities meant like if there is part of a pond or the lake you know is on the property the ordinance allows us to go bigger it doesn't allow us to go smaller than the standard so the only way that we can work with that then is to go through this variance process in terms of the applicant they actually did submit their final plat when it was reviewed by council providing all of the easements per the subdivision ordinance what happened though as I indicated and we discussed this here at the Planning Commission and council level is that there would be an encroachment of this retaining wall and the driveway within that first ten feet and the City Engineer would for not to have encroachments in those easements because the purpose of the easement is to allow utility is to go in there and drainage to occur and if you have a big huge retaining wall chances are you're gonna have an issue with that at some point or other the other thing is yes we can do encroachment agreements but the more and more and more you get of numbers of the coachmen agreements you know administering that over an entire city you know gets to be complicated so if possible we'd prefer or the City Engineer would prefer not to do that the applicant had advised that they could relocate everything that they thought they would be able to move everything to the east however from a staff perspective because of the steep slopes this is the actual of the building here you know and here's the parking lot so they could move it over but then you would have more impact from the building on the steep slopes and everything moving closer to the park and ultimately closer to the lake so instead of having them do that the recommendation to the council and what they ended up approving and plenty commissioned for did this as well is to come in and just vacate or not have them plant that 10-foot drainage and utility easement along that property line the other common property line is between the two Lots and so we have lot one here which is the church property and then lot two is going to be with the apartment property so along this common lot line that is already covered by joint easement for maintenance for utilities for drainage etc because both uses are going to need that basically in perpetuity for their sites to operate so from the engineer's standpoint really not a need to include this the existing drainage as we discussed you know it's been going out here to the street within this 30 foot area forever there's even going to be less water going out there because you have this they're going to be installing these underground treatment systems so really the amount of instead of having this entire side here draining out you have this area that will continue to drain there there is some area on the parking lot that will drain actually out to the street where it's supposed to it'll be held in by curb and then they're basically everything to the south will continue to have the same so it's much less in terms of the approved grading drainage and utility plans for the project so what staff had recommended then is that the front drainage and utility easements be vacated so that's what they have provided in their application and then also this side one be vacated and that's really why we're here today just to consider that vacation and with that it's not a public hearing for variances it's just a hearing and we notify a budding and adjacent property owners and it's again the only way to allow this to occur is the variance process so that's why we're here great Thank You commissioners any questions Commissioner Roberts so just in a nutshell you guys are recommending that remember we had like 30 some things on that list okay you're recommending that I mean it just makes sense to have this happen and then I notice in your wording that all the pew DS and CPS and variances are all gonna remain in effect that we haven't in there this is just something that because of the way it is this makes sense exactly okay exactly you know we have work stuff he's been experts we should do this for a while but it's so much fun Commissioner John what is our biggest fear is there a fear at all with making this change no there's not when you Platte generally one of the reasons you want to have these standard easements in there is because usually your platting property and they've got stuff you know in the adjacent parcels in this case none of these parcels have drainage planted drainage and utility easements so there isn't a need to have something be a continuation here and also because we already have this 30 feet in here of public right-of-way usually you would have the ten feet plus another 15 feet of right of total here we already have 30 feet so there's not an issue in not planning this at this location and again with the common lot lines that's that's also very common because they will have to record their their easements and their maintenance agreements everything will be recorded at the county so really not a need to have these at this point and the from the ordinance standpoint there is a variance process to get rid of it usually for the subdivision ordinance when you're dealing with a community that's developing like maybe a lake or they've got a lot of vacant you know land and they're coming in with these flats with hundreds of lots and whatnot you want to have uniformity in where those easements and things are Burnsville were already fully developed and you know this is an infill piece of property and we have the area is already accommodated more drainage than what will occur when the project is developed because of those underground systems and things that they're doing what are the underground systems are they through their treatment systems so the stormwater from the entire parking lot and from the building will be directed to the these underground storage facilities and it's treated and then it is Sara please so it captures the water it can contain a certain volume of water some of that water is intended to infiltrate into the ground and larger storm events it will continue to flow through I believe there are three chambers so it's got a great opportunity to infiltrate and then ultimately during the larger rain events it will make its way out to the outlet that will flow Overland eventually into that pond that Miss Gail's was mentioning oh okay we have a three inch rain storm it would take care of all that extra rain and it wouldn't turn into a big flood zone I mean it just it would store all that extra rain well that's nice it's really it's really an underground pond if you want okay clean yes Commissioner Anderson I just wanted to know for my understanding so there's the the ten-foot easements and then normally what you would want is another 10 feet before any kind of property development is that what you're saying no normally you have like this 10 foot on all front yards for drainage and utilities and that includes it's more than just city you know utilities that's for people being able to put in your front cable and phone and and those kinds of things then the standard when you have a standard with road public road usually there's about 15 feet of right-of-way in here or people call a Boulevard you know that stuff that we have to mow and maintain you know it's not really ours that kind of thing so in this case what I'm saying is that really we have a much bigger right-of-way here because of the freeway so instead of having you know a 15 foot distance between where the property line is and where the road is here we've got 30 feet okay so you don't really need to have this 10 feet also okay everything will be treated and move along in through this area unless it's treated by those underground systems and then that flows out into this pod to the south and you guys were saying you weren't worried at all about the idea of the retaining wall maybe degrading over time with uh if any water does flow by there with no because the way that the water is designed to flow it would not be directed towards that retaining wall commissioners any other questions so I move that the planning you know that the Planning Commission recommended the City Council approval of the variance to eliminate the 10-foot West front yard drainage and utility easement and the 5-foot common side yard drainage and utility easements subject to the following conditions condition 1 the conditions of the previously approved plan unit development conditional use permit and variance shall remain in for full force in effect I'll second that any further discussion all those in favor say aye all right all those opposed say nay motion carries okay so the last item on the agenda are updates commissioners in the updates next meeting to hand out and we do have actually a lot of applications that have come in so the meetings are gonna start to be much more full and some of them are going to be pretty big projects as we work on the environmental review for the some center village also the environmental review for Kramer money and materials the quarry that should be ended here shortly go to the council in April the comments that came back there weren't many and there really is not a need for further study or to have them go through an environmental impact statement so once if the council adopts that they call it a negative declaration meaning they they don't need more study then they'll be in for their PUD amendment to actually do the project so lots of stuff and hopefully we'll get that Tod ordinance to you working on it thank you thank you is there a motion to adjourn I move to adjourn I second any further discussion all those in favor say aye all those opposed say nay and motion carries