[0:00] [Music] [1:06] Melissa Kenninger: I call to order the Rosemont Planning Commission meeting for Tuesday July 23rd please stand for the Pledge of Allegiance I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all are there any additions to tonight's agenda [1:06] Julia Hogan: none Madam chair [1:06] Melissa Kenninger: is there any input from the audience on tonight's agenda for items that are not already on the agenda seeing that one we will move forward to the consent agenda are there any comments or questions on the consent agenda [1:52] Commissioner Whitman: yes Madam chair commissioner Whitman thank you um for the minutes I would like to add a sentence under public hearing item C which was the variance request um there's not a lot of detail in the commissioner comments but one thing I I thought was important was this sentence which I'd like to add to the minutes commissioner Witman expressed concerns that there was not enough information in the record to make a decision regarding whether the unique circumstances Criterion had been met and that's the only addition I'd like [2:39] Adam Kienberger: and Madam chair staff can incorporate that language into there if the uh commission chooses to motion and agree to that [2:39] Melissa Kenninger: okay in the commissioner comment section you said commissioner Whitman yes okay thank you are there any and just to be sure I have a correct it was item C the variance request by Nick WB [2:39] Commissioner Whitman: yes okay [2:39] Melissa Kenninger: okay are there any other comments or updates to the minutes okay seeing none I'll make a motion to approve the consent agenda with the modification proposed by commissioner Whitman to item C the variance request by Nick ritberger adding a sentence in the commissioner comments as commissioner Whitman outlined [3:25] Michael Reed: second [3:25] Melissa Kenninger: it's been moved and seconded all those in favor please say I I I opposed motion carries it was moved by commissioner kenar seconded by commissioner Reed sorry I skipped that and we have no old business so we will move on to our public hearing section this evening which is one item we have before us it's a request by KJ walk for approval of a PUD final site and building plan and major Amendment to the Rosewood Commons planned unit development agreement to allow for construction of two commercial buildings with outdoor dining and a drive-through facility and I will turn it over to Julia [4:11] Julia Hogan: all right um so um like you had stated before um this is a request for PUD final site and building plan and then also a major Amendment to the Rosewood Commons plan new development agreement um so this was before the commission or was withdrawn before the commission last July uh 2023 uh but that request is coming um to you today um so KJ walk Inc it's requesting a PUD final site and building plan and a major Amendment to the Rosewood common Planning Development agreement to construct two commercial buildings in the Northwest Quadrant of Business Parkway in um County State a Highway 42 uh some ma the major Amendment to the Rosewood common PUD includes uh deviations from the code related to Landscaping exterior materials and parking surface setbacks uh so a little bit overview of the site location so you can see it's located in the Northwest Quadrant um within the Rosewood common second addition area um direct is um located directly east of that newly approved my credit union and then also west of that uh New Horizons area which is um east of Business Parkway so a little bit of overview of the site plan so the site area combined is about 1.72 Acres uh the current zoning of the site is MX2 PUD which is uh Highway mixed use plan un development district and the comp plan uh land use designation is CC Community commercial uh so each parcel will contain one building uh the building on the western parcel which you can see here um is a standalone restaurant with an outdoor patio and then that Eastern parcel will contain a multi-tenant building with a drive-through facility which you can see is on the Eastern side um serving a fast food or fast casual restaurant uh the outdoor patio was shown to be loc located directly south of the Stalone restaurant which you can see outlined in the photo on the right that says patio and then the drive-through is shown to be located east of the multi-tenant building and then directly west of Business Parkway uh which you can see the cars are shown within that drive-thru area um both the buildings do meet the required building setback regulations of the MX2 zoning District um but does not meet the parking surface setback of 10 ft from the private road of 149 Street West you can see on that Northern portion that's that private road um and this Northern portion of the parking area does not meet that setback so the applicant is requesting to eliminate that setback requirement relating to parking on properties adjacent to private driveway easements which that is a part of that um Amendment um that the applicant is requesting then access and parking so the vehicular access into the site will be made from that private road 149 Street West which you can see on the North part of this uh site plan the drive aisle that is shown off 149 Street uh will share access with that commercial development to the West uh which is at M Credit Union area over there uh the drive-thru is shown to start on the southern portion of that multi-tenant building and then flow north towards that main access and will uh the traffic flow will flow counterclockwise you can kind of see with that going north and then uh West to exit through 149 Street West um the City's Fire Marshal uh did request and receive an exhibit showing the turning radius of emergency apparatus with the site and found that the site layout is able to accommodate emergency vehicles and then um kind of an overview of the parking um so you can see up on uh the top part of this slide it's our previous zoning code so with our newly adopted zoning code um there were quite a few changes with the parking requirements um so you can see for restaurants um it was previously um three stalls per seat which previously would have been 73 stalls for retail it was um six stalls six stalls per 1,000 square ft which would have been 12 stalls for office space it would have been five stalls per 1,000 square feet which would have equaled that 19 stalls so with our previous zoning code there would have been a requirement of 105 stalls and they had provided 102 stalls but now with their newly updated zoning code those requirements did change a bit so you can see on the lower half with the current current zoning code now we require for restaurants one stall per four persons which then equals 55 stalls as required for retail it's one stall per 300 Square ft so that would have been seven stalls required office space is that same as retail so one stall per 300 Square ft which is 13 stalls so now the total requirement for the site is 75 stalls and they still are providing the 102 that was previously provided in their um submitt last year so now they are under that uh minimum requirement for off street parking [8:48] Melissa Kenninger: Julia just to clarify there that Top Line Restaurant 218 seats at one stall per three yes seats right [8:48] Julia Hogan: yes yes sorry that's okay I just wanted to call it you're on that screen thank you um all right so moving on to Landscaping Park dedication so the applicant's landscape plan chose a total of 32 trees and 193 Foundation plantings to be planted on site so the city code does require one tree per three 3,000 ft of site area which for this site would equal 25 trees and the landscape plan is meeting that requirement of 25 trees which you can kind of see in that um table that is shown below the landscape plan um the city code also requires landscaping around the parking area equal to 10% of the total parking area which that total would equal 18 trees for the site the landscape plan is showing Seven Trees to be provided so that is a shortfall of 11 trees um so the full requirement for trees would be 43 trees and they are going to provide 32 um the applicant is requesting that deviation to the code that would not require the parking lot Landscaping to be calculated in addition to the required based on the site area and then the developer also applicant has requested that Park dedication fees be collected at the time of a building permit so that cash dedication uh for the site would be $1 15,480 which is a condition of approval within that PUD final site and building plan then a little overview of the architectural elevations so uh the Z or does require at least 50% of the building to be finished with brick or stone and no more than 10% ephas the applicant is requesting the ability to include up to 18.5% eephus in the exchange for including stone and brick beyond the required zoning ordinance so the plans that were submitted do show that 81.8% of the non-glass areas um are brick and stone on the Eastern multi-tenant Building and then are 80.9% on the western restaurant building and then here's kind of an overview of what was submitted for those elevations here's a couple more elevations shown of the multi um tenant building and also this is the restaurant Standalone one and then this would be the multi-tenant building and then kind of going overview with the permitted with use standards so outdoor outdoor uh dining areas and drive-through facilities are accessory uses that are now permitted uh used with standards within the MX2 Highway mix use zoning District so previously in our old zoning they were conditional use uses but now they are permitted uh with standards so outdoor dining areas are subject to seven performance standards that are stated within section 11 68a of the newly adopted zoning code staff was able to make findings for the required performance standards which were provided in the um staff report and then also drive-through facilities are subject to the seven performance standards as well that are found within section 11678 of the zoning code staff was able to make findings for the required performance standards and did include a condition to reiterate the standard that no public address system shall be audible from adjacent non-commercial property boundaries so a recommendation from the commission today is a motion to approve the Planning Development final site and building plan to allow for the construction of two commercial buildings uh with outdoor dining in P in a drive-through facility at 14904 Business Parkway and 2730 149 Street West subject to conditions a through H and then a motion to recommend the city council approve a major amendment to Rosewood commment Planning Development agreement subject to conditions a through c um I can answer any questions the commission may have but I do know the applicant is in the audience as well [11:54] Melissa Kenninger: thank you Julia other questions for the for staff at this time [12:30] Michael Reed: J could you could you kind of talk through the sidewalks and pedestrian Pathways to this location a little bit I can't really call tell from the diagram [12:30] Julia Hogan: yeah so on their site plan you can kind of see here there is a proposed sidewalk along the north side you can kind of see it's it's kind of hard to see it's a little outlined it's along that North Side that's south of 149 Street West also there will be sidewalks along um the restaurant area I do believe as well um and then that Northern um sidewalk connection will connect West that you kind of saw that in the my credit union too so that will connect West that whole sidewalk and then we'll come down along I believe Business Parkway along this end to because there's there's there will be a walkway on Business Parkway on that side the west side going north south there here's an aerial I believe that that will be that way along Business Parkway it's kind of hard to see but it's outlined right there okay on that Eastern on that Eastern side [13:28] Michael Reed: okay does that sidewalk on 149th eventually connect to biscan [13:28] Julia Hogan: I it does look like in their plans at that side walk will extend East um with obviously New Horizons being there it looks like there'll be adding on that sidewalk and then along with the future development on the along yeah there's a sidewalk today on the south side of 149th there that goes all the way to B yeah um [14:14] Michael Reed: the other question I had is on the uh the plan it we''ve in in been used for specifications for parking spots and so on you know we've got the restaurant we've got office space and we've got commercial retail um and in the applicant may very well have tenants lined up but um is that fixed or so if if there were to be a change let's say um they wanted to do commercial in both open spots in addition to the restaurant would that need to come back to the Planning Commission or how do how does that get handled for off street parking or no just ch so I mean is is the applicant um is the plan fixed and that it has to be um restaurant uh office and Commercial [15:01] Adam Kienberger: it just has to be a permitted use within the MX2 zoning district for that use and there's quite a few different uses for sometimes it's a little bit generic with um professional offices or whatever it is it just has to be a permitted use within that zoning district and it would be allowed to be within those buildings so Madam chair and commissioner Reed you know maybe to to clarify what you're getting at there so it would be let let's say the developer changes the the the user with within within there so to Julia's Point as long as the use is allowed um staff would you know re relook at the parking calculation would typically be the the main one there and if it's still trash en closures and so on yeah that would okay unless there's a substantial change to the layout of the site plan um and there's adequate parking then that would just move ahead as as they would wish [15:46] Michael Reed: okay we're not we're not sorry we're not approving uses per se but we're approving parking spaces based on the submitted types of uses based on the calculations with got it and then the last question I had is just about The Monuments um I mean I I was pleased to see the landscape plan look pretty robust I'm not clear on what kind of signage is going to be allowed there in that corner we do have the residential area right next to it so I'm kind of curious what uh what standards uh will be in place for that [15:46] Julia Hogan: well they'll have to apply for a signed permit and there are regulations with that with um site triangles too you have to be set back at certain amount from the site triangle is 25 ft and then 10 ft away from your property line so the applicant does have to submit a sign permit application and then staff works with them to make sure that they follow the regulations of the sign code with that there there's limitations on height and yes correct for each zoning dist district there are different requirements with height um size all those different requirements for monument and for wall signage as well [15:46] Michael Reed: do you know offand kind of what what the height maximum here is for this for MX2 [16:35] Julia Hogan: I believe it's 10 feet but again um with our newly adopted zoning code there was some changes with that signage so um I know that there was some changes within that since um zoning districts did change so but I believe for this it's 10 feet [16:35] Michael Reed: okay very good thank you any other [17:20] Commissioner Whitman: yes commissioner Whitman thank you madam chair um on that on that sign idea just to confirm Julia so we're not we're not looking that's not a standard in here of signs that's something that's done at a you know if they want to do a sign then it's done as a not in front of the Planning Commission basically right [17:20] Julia Hogan: correct yeah they'll have to apply for any signage and then um we review it or planning staff reviews it as well as the building department reviews it um to make sure it follows code and also building standards and then we do um final inspections on those as well [17:20] Commissioner Whitman: okay yeah and and so kind of transitioning then to what we are looking at tonight are these standards and the thing that jumps out to me is under the standards for outdoor dining area number four no public address system she'll be audible from a non-commercial or nonindustrial user District we've we've seen that before in in projects coming before us and then under standards drive-thru facility number six which is also a public address system and number seven fast food uses May display menu boards okay I'm pointing out those three because the findings under each don't really provide any facts what they state is that staff has prepared a condition stating that the applicant the project will comply with these standards and so so my thought on this is well wait a minute isn't our role to evaluate whether standards are being met here and if we're just kicking the can down the road and stating well they will meet them or the applicant will promise to meet them or a condition of the project is to meet them I feel like we're not we're not actually do fulfilling our obligations or being given the opportunity to fulfill our obligations because there's not something some facts in there to show are these standards being complied with or how will they be complied with I guess I'm I'm stating that and I and I did alert Julia earlier today about this as well do you have thoughts on this [18:54] Adam Kienberger: m madame chair commissioner Whitman I can certainly address that to it's um a little bit of a a balance between a um a practice of getting efficient approval of an application but it's also a product of the materials received from the applicant to staff to Planning Commission to make those recommendations and findings within that the staff report so if that specificity isn't included in there um I think it was stated that we didn't receive material specific to that um I may advise that as part of the public hearing you call upon the applicant to discuss their their plans for the buildings if they have tenants um you know and I don't want to you know speculate or make assumptions but if it's if there isn't a user lined up then it would be logical to kind of assume that they don't have a final menu board design or something to that effect but to your point commissioner Whitman yes if you're you know being asked to make a finding of within our our code that it's complying with the new standards under a permitted use in there you're a little bit of a how are you making that or is it that practice of conditioning that approval on compliance with our code so I I agree you're put in a little bit of situation there and I would probably ask that the applic speak to kind of where they're at with Earth development plans [21:19] Commissioner Whitman: okay and then thank you for that and that that does make sense to me and I think number one I personally would be looking for facts to support you know our findings on these standards rather than just conditioning that they will comply with a standard um so I'm hopeful that it sounds like maybe the applicant can provide those those facts if if not um then I think we Commissioners should discuss whether we should be kicking that can down the road um as sort of a matter of principle i' think so thank you [21:19] Melissa Kenninger: any other comments for staff or questions Julia I've got a couple um so the the application that's before us tonight I noticed had some of the same conditions that were on it last year in terms of things that we requested the applicant to correct but this I mean they had to resubmit right so this was a new submittal so it what we did require them to resubmit an updated application but they did submit the same civil plans and everything that was submitted in last year's request back in July I guess I'm just I'm a little curious and a little frustrated that the things like replace the ash trees and fix the that like we would have two less conditions if they would have fixed the stuff that was asked to be fixed last year um and in terms of the the trees I did notice that none of the trees that are proposed are coniferous and I don't know if we do have an opacity requirement for drive-throughs to be 90% opacity level and I don't know that we're going to reach that with all deciduous trees along there so is that something that we can request of having you can includ yeah the commission could include that okay I just I in the winter you're not those trees are not going to have any coverage and so you're not going to reach that requirement I don't feel um with 100% deciduous trees also now that the parking is is reduced and I know that this was not some this is fresh off the press so this is not something that they would have necessarily been able to address um potentially before their application came in but is there an opportunity to relook at the parking they have 25 an excess of 25 plus spots um is there an opportunity to look at the parking and potentially not need that setback reduced to zero meaning that we could get something maybe we can't get 10 but can we get six or seven or eight if we remove those 19 spots along the north end and turn them into um into kind of the parallel type parking spots that we've seen to the north of this in the northern part of this site [22:54] Julia Hogan: yeah the commission could definitely have that conversation with the applicant as well um as long as like you can kind of see in this um table obviously they're that uh off street parking requirement went down so as long as they meet that 75 stalls then they are within um the requirement of the code so okay [22:54] Melissa Kenninger: and then um I kind of had the a similar comment on the the drive-thru and um more the drive-through not not as much as commissioner Whitman on the the outdoor patio from a audio perspective but we don't know where the display board is do we [22:54] Julia Hogan: not in what the plans were submitted yes correct [22:54] Melissa Kenninger: okay because I think that that's those four parking spots there depending on where the display board sits obviously ideally the display board the more it can face South the better that is from a noise buffering perspective from the rest of the neighborhood but then I think those four parking spots become problematic because you're going to have some stacking at the menu board and without knowing where the menu board sits I I feel like we we don't have a good idea what the stacking looks like on the public address system piece as I read it it it can't be audible from a non-commercial or non-industrial use District where is the nearest non-commercial or non industrial parcel here because for sou of 42 it's commercial y across on the other side of Business Parkway it's commercial [24:27] Julia Hogan: yes so it's if you look at the site location it's yep so directly um East is that New Horizons that's that MX2 um so the closest residential so it would be that Northeast so would be a block away at is yes okay yeah yeah and I so that might be easy to meet right yep [24:27] Melissa Kenninger: but we we don't have any facts I no I agree I just I just make so some of these might be simple to just put facts in to support uh but back to the menu board I agree like well I'm not sure if this is exactly what you're requesting or not but there should be some design of a location of the menu board I feel and that could be done um to give us a better sense and yeah it may impact other standards as well right it might impact those parking spots there you know it it it's I can't I mean is that so that I know a block away is across the street is residential but the apartments that are um that are approved it's these six yeah so so that would be a non it be high density be high density right to the north of this property y so just across the street there is high density [26:00] Julia Hogan: yes just to the east of the sweet living yep so these six so the four that's north of sweet living and then these to directly um east of sweet living are planned for um high density residential MH okay um [26:47] Melissa Kenninger: I think that's all my question oh the other thing that I was thinking on the parking too if if we do get some buffer in there there is potential for potentially getting closer to that tree number as well because there could be some additional trees planted in there correct also okay okay I think that's all my my comments at the moment I think more for the applicant probably any other comments or questions before we move to public hearing great thank you thanks Julia this item is a public hearing item this evening so at this time we will open up the public hearing anyone in the audience who would like to speak may do so at this time coming to the podium stating your name and address for the record I know we do have a handful of questions if the applicant would like to come forward and address them we would be so appreciative as well [27:35] Sally Wosi: I didn't know if this was the Planning Commission or it is [27:35] Melissa Kenninger: we are the Planning Commission yes do you still do complaints I um so this at this moment in time we are taking comments on the request from KJ walk for the two buildings before us oh okay um if you've got something else we do have that at the beginning of our meeting in the audience input section but if you want to just hang out a little bit till we finish this public hearing we will come back to that section for you yes Warren do you want to come forward and answer some questions sure I just need you to state your name and address for the record [28:15] Warren Israelson: yeah I'm Warren israelson the owner of KJ walk um I'm getting old and my hearing is n as good as he used to be and I got some hearing aids at Costco several months ago at the request of my family and my wife kind of bugs me because I don't put them in very often should have wore them tonight so if I say uh what sorry um anyway but yeah I'd be happy to answer any questions I think I heard you talking about putting in parallel parking on the North row parking M and instead of that I mean yeah I have I have no objection to whatever you guys I mean there's want to see changed [30:32] Melissa Kenninger: yeah so I think um first of all seeing the updates that staff had asked for last time would be last year would be good to see um and then the with a parking regulations changing it it's my opinion and the rest of the commission please chime in but it's my opinion that if if we can get some of that 10t required setback rather than having the parking a but right to the sidewalk to the street that would it would be nicer from that perspective other than have I mean otherwise this the majority of this property is all going to be um you know black top and building and so now that we don't need so much parking my thought is is to minimiz to eliminate some of that parking and try and get that setback closer to what the requirement is [30:32] Warren Israelson: yeah that would pull it back probably about 10 ft which is exactly what the requirement is we did the parallel parking yeah [30:32] Melissa Kenninger: yeah well and even you wouldn't even need I actually wasn't even aware of the change in the parking standards so I don't know I've been as sleep at the wheel or something so from that's why we tried to get as close as we could to the previous code so from my perspective with the new with the new requirements if we look at the part there immediately north of the immediately north of the eastmost building we could get rid of all of those parking spots [30:32] Warren Israelson: you could yep we [30:32] Melissa Kenninger: because we would still be well above the minimum parking required and then I think depending on how that all worked out that would be really close to then being able to accomplish the setback that's required and also give us more room for the trees so from my perspective I think I'd like to see I'd like to see that you know attempted or to see if you know if there's a reason that can't work then we can be educated as to what that is but I think fixing that you know when we fix some of the other stuff I think that that would obviate the need for any of those special the special conditions what is the requirement 10 ft from the property line or [31:19] Julia Hogan: yeah and right now it's zero so that's that's kind of the [31:19] Melissa Kenninger: okay because it's not a RightWay line in this case because it's it's just a private road there yeah e an area with that though too so it has to be set off okay um I think I mean I so that would be one thing um to look at did you have other comments you want to make or you want me just to go through the list of questions [32:08] Warren Israelson: um no I I guess I'd I'd rather not totally eliminate all the parking I I I kind of like the idea of some parallel parking there or that does give an extra 10 ft should be aough room to put some trees in there so where uh help help me understand this a little bit so we're short on trees and one category and long long on trees in another category but overall we're about right [32:08] Julia Hogan: no we're short how many 11 11 okay [32:08] Melissa Kenninger: say Julie it might be easier if we have a seat then we can converse a bit more it sounds like uh the applicant will probably have a few more questions on on some of their standards all right more questions fire away okay so I think the the most exciting thing everyone's wants to know is do we have tenants for the buildings [32:54] Warren Israelson: uh we do have two interested tenants yeah okay uh supreme pizza that's buddy M actually owns that and he's he only has one store right now that's in Savage and he wants to expand out here it's a long story but he's the one that got me involved in this property 20 some years ago the same guy it's kind of interesting he's wants [32:54] Melissa Kenninger: so would that be a sit down restaurant then pardon is that a Sit is that the sit down restaurant location [32:54] Warren Israelson: no he would be in the we're we're going to start with the Eastern Building okay the long narrow one he would be in the not in the North trunk but the one next to that next one down and then there's a taco it's called K taco and they have like five locations now so they're interested in the north one with the uh drive-thru so it'be taco and pizzas so hope you like Mexican I guess T pizz Italian pizza anyway so that's that's the north half of the building we have tenants interest in that okay [32:54] Melissa Kenninger: go ahead yeah oh and by the way on the apartments we're in for building permit on the first building we're just waiting to get that permit so we should see something here this fall [34:28] Melissa Kenninger: did you say you had someone for the freestanding as well at this time the what the freand freeing the restaurant that's by itself in [34:28] Warren Israelson: we don't have anybody for that yet [34:28] Melissa Kenninger: okay so with the building then so it looks like we do have a potential change in the tenant from Office Space to more of a restaurant if it's a pizza place so we'd want to make sure the seating we' want to make sure that this the parking the parking is a little bit different so we just need to make sure that if you're going to use a a different tenant we want we don't want to well that was another reason it was kind of good to see that so it gives us more flexibility we don't want to cut off the 19 parking spots and then have a deficit so we want to make sure we're we're conscious of that um [35:15] Warren Israelson: they're mostly takeout piz there's no seating they do have a few tables but if you go in there they only have right so probably would be equivalent maybe to the office or something um dozen chairs [35:15] Melissa Kenninger: do you know where that can you speak to where the I think one of the other comments was where the fast food menu board signed is going to go where the menu is you mean where the order yeah where the order is because obviously there's going to be stacking behind that menu board and also from a audio perspective the location of that [35:15] Warren Israelson: that's a good question okay I don't think we've figured that out yet [36:00] Melissa Kenninger: okay so it is one it is as commissioner Whitman pointed out it is one of the the standards that we are to look at um as part of it and I think not I don't think it's as important for us to know the size I think that that can be work but I think knowing where the where the menu board location is then speaks to the stacking of cars behind it because I also think those four parking spots could be in Jeopardy because I think typically like in in my head I'm thinking of like Starbucks and stuff right the menu board is to the South and you drive around same thing at Dairy Queen it's kind of it would make sense to have it at one of those like that southern spot I would think it'd be somewhere like in the middle of the building on east side is that that could be too does that make sense I think the further you so I I think we'd like to I personally would like to see what you're thinking for that location because I think the further you put it to the east side and the north the closer it gets to the residential the further north the better no the further north the worse because the further north the closer you're getting to residential and you can't the sound oh I see can't be heard from the residential area but if you put it too far to the Sou and you're going to stack the cars in the parking lot where you don't want them stack where where you might lose those four parking spots [36:47] Commissioner Whitman: and then Madam chair there's also under under the standard subsection one the sign needs to provide information to the drive-through patrons only and does not provide supplemental advertising to pass by traffic as well so that's something in the design that needs to be considered does not impair visibility or obstruct circulation um [36:47] Melissa Kenninger: the the one comment I had on the coniferous trees are you willing to look back at the Landscaping plan and incorporate some coniferous trees along that Eastern side where the drive-thru is to try and reach that opacity requirement [36:47] Warren Israelson: sure whatever you want yeah [38:25] Melissa Kenninger: okay are there other comments or questions for the applicant that I have missed [38:25] Aaron Beadner: I have a question more I think for for Adam and Julia so like you know with what was presented today and we're talking about maybe you know some potential changes to setbacks um if the restaurant's not fully you know committed to a tenant yet there might be changes and how that comes through at the end of the day like are we supposed to be approving kind of like in principle with conditions or do we wait till we get more of a firm I guess site plan with updates based on what we're providing as feedback [38:25] Adam Kienberger: yeah Madam chair commissioner Beadner um yes good good questions on that and I think that speaks a little bit to the the front half of the conversation that was raised by the Planning Commission in terms of are we conditioning for things yet to be seen or yet to be determined and is the Planning Commission being tasked to make findings based on things that you don't you may not feel you have enough information for for example this discussion we've just had on the the menu boards and is it going to be able to comply based on a location which has yet to be seen and commissioner Whitman you know articulated a a specific requirement about not providing um advertising or other um aspects I didn't recall exactly what it was but to passing traffic so with without that um you know you kind have a couple of options in in front of you based on this dialogue which I I think still may continue a little bit based on some additional questions that may may arise or potential others in the audience that would have questions or comments on the the development here if you're looking towards moving to continue the item that could certainly be an option for the commission to allow staff and the applicant to provide those revisions as discussed and then staff can make then a second recommendation at a upcoming meeting or you could try to condition or direct staff to condition for a future meeting approval based on those future items I would probably recommend against that because that's kind of the path we started going down talking about compliance with pieces that aren't necessarily provided as a part of the application I would be more on continuing it until we get some more further information that's just how based on the questions and the applicant's um ability to answer some of them [40:43] Michael Reed: I I agree with that just just I mean conceptually I like the idea but there's just especially if we going to be two restaurants there what does that mean for trash enclosures what does that mean to parking be great to see the concept working with the city on the concept of getting rid of that or adding in that set back and getting rid of some parking I think there's some great great ideas that came up [41:30] Melissa Kenninger: I also think I think the trash and closure is a great thing to point out to um in this case both trash enclosures are on the North side and I know there are some requirements for for needing to have space for the garbage trucks to get in and get the the dumpsters and empty them but obviously when you drive in off the street they're they're on the north north end there I don't know that they can be relocated to the South or or more out of the the visible way but um I do like how the one building at the top kind of at least Shields the trash enclosure from Business Parkway Road um at least so I mean I don't know that there's a lot that can be done but okay and just re reiterate too that I liked you know the opacity thing so like swapping in or updating the landscape plan to have coniferous replacing the ash trees would be great okay there any other questions for the applicant at this time okay even if we con continue this item we can close the public hearing tonight though correct [42:17] Adam Kienberger: correct M [42:17] Melissa Kenninger: okay I think we're good for now unless you have anything else you wanted to say thanks [42:17] Warren Israelson: okay thank you [42:17] Melissa Kenninger: is there anyone else in the audience would like to speak on this item this evening seeing none I'll make a motion to close the public hearing [42:17] Michael Reed: second [42:17] Melissa Kenninger: it's been moved by commissioner kenar second by commissioner Reed to close the public hearing all those in favor please say I I I opposed public hearing is now closed so it um it does appear that there's at least some consensus to continue the item is that kind of what I'm hearing so I'm just going to recap a couple of the things that I know I would like to see in the update please other Commissioners chime in if um I miss anything um I think the first one is to update the plans based on the staff requests that were made last year um in July as well as as this time with the landscape plan removing the Ash and the trash enclosure um to be the same materials cuz if those get updated we can then remove those conditions and we don't have to have extra conditions on um the approval reviewing the the possibility to reduce the parking potentially reducing or eliminating the northern parking to get that setb um in place 10 ft or or very close to if we can't get the 10 ft um to see what we could do there to get that 10 10 foot set back in and also adding some additional trees into that Northern section to help um mitigate the loss of or the shortage on trees also um putting in some coniferous trees along the drive-thru east side of the property to help with the opacity requirement um that is in place for drive-throughs and then to see the um the location of the drive-through order board where the placement is so that we can evaluate the stacking at the order board um and also the direction of the speaker and potentially it may eliminate those four parking spots to the south of the building I go ahead [44:38] Michael Reed: yeah and then if if it's going to be in fact two restaurants and one office for example that that should be up there as well [44:38] Melissa Kenninger: yes good catch I did forget to ask I'm sorry yeah um with the two restaurants are and this is probably for the applicant so I don't that's okay apologize both of those restaurants in the I'll call it the strip mall are they both going to be considered drive-thru or just one of them so that you only need one menu board or or is it going to be like a dual you know like we have with some restaurants where you can use the mark the the board for both restaurants that's kind of a I don't want to speak for you Warren if you could just come up and address [44:38] Warren Israelson: I'm assuming that the pizza place and the taco place are separate entities and only the taco restaurant will have a drive-thru the the pizza place will not have a drive-thru correct okay okay thank you thank you [45:23] Melissa Kenninger: um and I Julie I know this isn't something that we necessarily always see but a lot of times we get we see some color visuals of the building and I know you know one of the things that's nice would be nice is if we can kind of have some similar kind of colors earth tones the look and feel so that we don't have all these different buildings that don't look like they all go together I don't know that we last year got any colored visuals with this either [45:23] Julia Hogan: I think we did with the apartments um so I don't know if they if that's something you can pass along if they have potentially any color renderings or what they're thinking from a from a tone just to see I think um it would look be nice to kind of have it fit with the same kind of color tones that the apartment buildings are going to be and make it kind of look like one development one area [46:09] Melissa Kenninger: anything else for discussion that was it from staff that's great um and with that I will just quickly review we've got our our upcoming meetings August 27th um we um commissioner Reid will not be able to be in attendance that evening if anybody else is not able to make it that evening please email Julia and Adam there are two sitting here they get the emails um make sure you tell Anthony I spared him yes um and then September 24th and October 22nd and so um those are three upcoming meetings and then in Alicia's absence I would assume we should look for a packet from somebody somebody okay okay I know we have in the past sometimes had them go to spam sometimes when it's somebody so if if maybe um staff can email out once it goes out but we can do an additional check in to make sure that it has that would be great that would be great I just know we have variety of email addresses so okay with that I will adjourn this evening's meeting meeting adjourned [46:09] Commissioner Whitman: Madam chair just to add to add to your list um I would also just include facts to support those uh outdoor dining area standards and drive-through facility standards related to the public address system not being heard in non-commercial or non- industrial uses or districts um and like we discussed that might be easy to do but something in there to support that rather than kicking the can down the road and just conditioning that it won't happen and then also with the menu board I would go a little bit farther not just where it's located but taking a look at the actual standards and having findings and facts to support that those standards are met I feel that that's Our obligation here and so if the applicant can just take a look at all of the standards um of course the menu board that we discussed and the other things we discussed but all of the standards to make sure that they're being met and explaining with facts how they're going to be met that makes it a really easy job for us to approve the project [47:43] Melissa Kenninger: thank you commissioner whitmann for those those ads anything else okay I will make a motion to continue this item to our I have a timeline up on that okay right there you can kind of oh look at how fast you were um okay so when do you we could move it to the August 27th meeting but when would you need the updated stuff from the applicant I'm a little concerned about timeline from that [47:43] Julia Hogan: Madam chair we can work with the applicant on a submittal timeline so that we could turn it around that quick [48:29] Adam Kienberger: okay yeah and I sorry I didn't want to speak for Julia there but part of the thing that's noted on here would be when the city would be able to exercise at 60-day extension as a part of the application and that projects those other um dates out there so I guess the recommendation would be to continue it to your August meeting and if staff and the developer aren't able to get those those changes incorporated as recommended by Planning Commission in time um it would appear on your agenda and it would likely ask for a Rec continuance okay [48:29] Melissa Kenninger: sounds good so I will make a motion to continue the request by KJ walk to the August 27th 2024 Planning Commission meeting [48:29] Aaron Beadner: second [48:29] Melissa Kenninger: has been moved by commissioner second has been moved by commissioner kenar and seconded by commissioner Beadner all those in favor please say I I I opposed motion carries we're going to see you back in a month Warren okay sounds good okay that concludes our public hearing section this evening at this time we will move back to our audience input section and anyone in the audience would like to speak at this time to the Planning Commission may come forward and do so I'll ask you to just come forward to the microphone state your name and address for the record and then and then we'll we'll talk and answer whatever questions you have Okay [49:18] Sally Wosi: um my name is Sally wosi I've lived here for 20 years I I currently reside at 13579 Cross Glenn path I was here July 2nd to uh make a complaint about my neighbor so I don't know if I'm in the right place at the right time [50:05] Melissa Kenninger: my guess is you probably were before the city council at that time [50:05] Sally Wosi: yes yes yes I was so I should come back [50:05] Adam Kienberger: um mad Madam chair um Sally uh yes you were at the the July 2nd city council meeting yes I was yep I I believe our staff uh potentially our Police Department had some followup with you if you would like if you would like to come back to the next city council meeting that would likely be the the best um when when would when is that [50:05] Adam Kienberger: our next city council meeting is August 5th okay at 7 P [50:05] Sally Wosi: I've had no followup I was supposed to have some police followup I've had no contact at all with the police so that's why I'm back here again [50:05] Adam Kienberger: yeah you're you're welcome to come to the city council meeting on August 5th I will also pass it along internally to our our team to follow up with you okay [50:05] Sally Wosi: all right thank you thank you Sally [50:52] Melissa Kenninger: wrong place time you're okay I'm so sorry for making you wait thank for coming I I don't want to a [Laughter] building um do we have any new business um no discussion yes two two items [50:52] Adam Kienberger: um Madam chair first um Alicia wasn't able to be with us this evening but I do want to share that this would have been her last meeting with the city um she's moving on to a new position in her career so we will be looking to fill that position hopefully quickly but um just want to publicly acknowledge and thank Alicia for her time with the city of Rosemont she's done an excellent job and handled a wide variety of tasks and including um being in front of you as a commission not only as our um staff as recording secretary but also as presenter on a number of items so certainly thank you to Alicia for her time here and um certainly if you guys happen to run into her please thank her um as as well thank you [51:39] Melissa Kenninger: and and I will just on behalf of the commission please pass our thanks and gratitude on to Alicia for keeping us organized sending us our packets making sure we're here at meetings and um keeping us all informed on what's going on so and wish her luck in her future endeavors um the second item just to to note I'll turn this over to you madam chair but as a part of uh an awards ceremony finance and commerce um frana companies here within Ros Mount was nominated and received an award and um our mayor as well as uh Melissa as our chair of the Planning Commission attended on behalf of the city and if you'd like to share any thoughts or comments on that event turn that over to to you [52:24] Melissa Kenninger: sure thank you um I did last last week attend the top projects um event dinner an event um in Minneapolis along with the mayor and a handful of representatives from frana companies frna was um nominated as a top project of the year for their building here in Rosemont that they built um they were also contractor of the year on a handful of or I'm sorry they were also contractor on a handful of other top projects that were on being recognized that evening um and then they were also up for the contractor of the Year award they did not receive the contractor of the Year award but they were one of I think the four finalists for that award so it was a great event um great to to kind of chat with franic companies um they are very happy with their building here very happy to be um in Rosemount and located here and had great things to say about their the couple years that they've been here so far so it was a great event anything else for discussion that was it from staff that's great um and with that I will just quickly review we've got our our upcoming meetings August 27th um we um commissioner Reid will not be able to be in attendance that evening if anybody else is not able to make it that evening please email Julia and Adam there are two sitting here they get the emails um make sure you tell Anthony I spared him yes um and then September 24th and October 22nd and so um those are three upcoming meetings and then in Alicia's absence I would assume we should look for a packet from somebody somebody okay okay I know we have in the past sometimes had them go to spam sometimes when it's somebody so if if maybe um staff can email out once it goes out but we can do an additional check in to make sure that it has that would be great that would be great I just know we have variety of email addresses so okay with that I will adjourn this evening's meeting meeting adjourned [Music]