Based on the context provided for the July 11th, 2022 Planning Commission meeting, here is the transcript with speaker names added. **Note on Roles:** * **Steve Nordin:** Planning Commission Member (acting as Chair). * **Diane Johnson:** Council Member (presenting staff/project details). * **Lundell:** Council Member (filling in for Mayor Montgomery). * **Jon Radermacher:** City Administrator. * **Applicants/Public:** Jason Knowlton, Rick Knowlton, Chris Albrecht, Aaron Deutsch, Laura Rezak, and Tim Melchio. *** [0:57] **Steve Nordin (Chair):** You. [1:50] **Steve Nordin (Chair):** Oh, evening everyone. Welcome to the July 11th, 2022, Planning Commission meeting. Uh, roll call is Gesme, Johnson; Emma is absent, Montgomery is absent. Lundell is filling in for Montgomery as the City Council representative. Can I get an approval of the agenda? **Lundell:** So moved. **Johnson:** Second. **Steve Nordin (Chair):** Moved by Lundell, second by Johnson to approve the agenda. Any other discussion? All in favor? **Commission Members:** Aye. **Steve Nordin (Chair):** Motion carries. Approval of the minutes? **Lundell:** So moved. **Johnson:** Second. **Steve Nordin (Chair):** Approval of the minutes moved by Lundell, second by Johnson. Any other discussion? All in favor? **Commission Members:** Aye. **Steve Nordin (Chair):** Motion carries. Public input? Uh, did you guys look that up? [3:02] **Steve Nordin (Chair):** Okay, we're going to bypass the public input. The next item on the agenda is a public hearing for a conditional use permit for the purpose of adding a cold storage warehouse at 31720 318th Street, PID 527-197101, which will require a three-foot front setback variance. The property zone is B2 General Business District. Diane? **Diane Johnson:** The addition of the cold storage warehouse will be 40 by 52. Two cooler freezer trailers will be removed to build a larger up-to-date cold storage facility which will better serve local businesses. Steve already mentioned the three-foot lot variance, and that is about it for that one. **Steve Nordin (Chair):** Anybody wishing to address that conditional use permit for adding a cold storage addition to that building? Second call, anybody wishing to address the conditional use permit? Third call, anybody wish to address the conditional use permit? We're going to close that public hearing. Discussion? [4:29] **Steve Nordin (Chair):** Pretty straightforward. It's uh, it's on that uh, north side, correct Randy? And you're just going to remove those trailers and add that um, that 20 by 40? **Randy (Applicant):** Correct. Is that what he said? 40 by 56? **Diane Johnson:** 40 by 52, I’m sorry. **Steve Nordin (Chair):** Uh, but the only uh, thing is for the three-foot setback—that would be uh, the only reason for this public hearing, right? **Diane Johnson:** Well, it has to um, be brought in as a conditional use in the B2. Okay. But the three-foot setback, yes, also has to be approved. **Steve Nordin (Chair):** Okay. Any discussion? [5:27] **Commission Member:** Not really for me. And yes, seems fine. It's not like there's any house or neighbor like right there that it's going to affect. It's only three feet. **Steve Nordin (Chair):** Want me to ask for approval? **Diane Johnson:** Nope. Steve, we need um, approval of the resolution 2022-07. Sorry, was looking ahead. **Steve Nordin (Chair):** Don't we close the public hearing and then do all that? **Diane Johnson:** Oh, you did. He did, because I wasn't paying attention. [6:13] **Lundell:** So then we can move to approve resolution 2022-07, conditional use permit and three-foot front setback variance for PID 5271-97101. **Johnson:** I'll second that motion. **Steve Nordin (Chair):** Second to approve that conditional use permit and variance for PID 527-197101. Any further discussion? All in favor? **Commission Members:** Aye. **Steve Nordin (Chair):** Opposed? Motion carries. Okay, the second public hearing is a conditional use permit for the purpose of adding a warehouse to PID 527-00090. The property is zone B-2 General Business District. So the public hearing is open. Diane? [6:59] **Diane Johnson:** Led Valve is outgrowing its current space and needs additional warehouse space. The building proposed is a 12,000 square foot warehouse, of which 1,080 square feet is designated for employee office space, which will include a vestibule, two bathrooms, and mechanical, etc. I do believe we also have Mark from G-Cubed on Zoom. **Mark Walter (G-Cubed):** Correct, Mark Walter, G-Cubed Engineer here to answer any questions you may have. [8:14] **Diane Johnson:** Okay, so the only thing required from us is, again, this is a B2. In order to bring warehouse space into B2, it requires a conditional use. **Steve Nordin (Chair):** Anybody wishing to address public hearing? Second call, anybody here wishing to address the public hearing for the warehouse? Third and final call. **Mark Walter (G-Cubed):** Mark here, just confirming you can hear me if you have any questions. **Steve Nordin (Chair):** Yes. I don't think—do you have a question here? Um, not right now, no. Thank you. I’m closing the public hearing. So, pretty straightforward. Gonna fit in there just fine. **Commission Member:** Yeah, that's what we're after. [9:26] **Johnson:** Yeah, I think it's great the local business is expanding and going to build something on an empty lot. And a 12,000 square foot building—it's a nice size. **Steve Nordin (Chair):** Yeah, yeah, that's what we like to see. **Johnson:** Yes. And also this um, he can't transfer any of his manufacturing aspects of his business over there, correct? Because this is B2 and not I1? **Diane Johnson:** Right, right. No, he's yeah, he's just asking for, yeah, the warehouse. **Lundell:** Yeah. Well, there's nothing else. I will make a motion to approve resolution 2022-08. [10:13] **Johnson:** I'll second. **Steve Nordin (Chair):** Any further discussion? All in favor? **Commission Members:** Aye. **Steve Nordin (Chair):** Opposed? Motion carries. Thank you, thanks Mark. Okay, the next public hearing we're going to combine C and D: conditional use permit to conduct grading work in a bluff protection overlay district of 6686 Bluff Drive and 6682 Bluff Drive. Diane, do you want to turn on or should we have... there we go. [11:26] **Diane Johnson:** All right, today we met with um, Jason and Rick Knowlton and Doug Geispers, and we talked about this project. It's a little detailed. I'm going to use the map to kind of help describe what the areas are that we're talking about. This area up above here is the bluff impact zone. There is a 30-foot area between the yellow line and the green line, which is also kind of what I would call the buffer between the bluff impact zone and the bluff protection—our bluff protection district which is down here. Code states—actually code 152.814 states—that no grading, excavating, or filling shall be allowed within the bluff impact zone. So that would basically be anything above the yellow line here. This would be to the north and this would be to the south down here. So with the conditional use permit, they would be allowed to work in this area down here. Jason, do you want to... [12:12] **Jason Knowlton (Applicant):** Sure. So I guess what we're looking to do is—if you guys are familiar with that area at all—um, there's just kind of a big giant crater there and we're looking to fill that in as to accommodate two more homes up there. From the yellow line south is what we're after. And from the yellow line south and the street is up here on the bottom of the page. **Steve Nordin (Chair):** Um, you can use your finger across that thing. **Jason Knowlton (Applicant):** Yeah, okay. Well, um, there's a street. So right here is the street and then right here is the area that we're looking to fill in. And I guess that's kind of the majority of it. It needs to be filled in to accommodate the two houses to go up top. So, and that black mark there is—you guys are going to put in a silt fence there for controlling why we're... **Steve Nordin (Chair):** Yes, just for erosion control while we're um, doing the excavation work. Would it be a lot to ask if you put that fence all along that yellow line so you don't encroach in that area, or are you comfortable that you're going to stay out of that? [14:30] **Jason Knowlton (Applicant):** It's more of that where the black line is—is kind of where the water would run. So that's where we would try to catch it. The rest of it behind that yellow line is—um, I guess we could, but it wouldn't be necessary because the water—any concern would be—would be running right across that area there. **Steve Nordin (Chair):** My—what I was trying to get at is to keep the machines out of there. If there's a fence there, I mean, so you know where you can work and where you can't work. **Jason Knowlton (Applicant):** Yep, and we—it is all staked out up there with—it's marked "bluff line" through there. But yeah, the yellow line is... **Diane Johnson:** Yep, excuse me, the green line is staked out so you just know enough to stay 30 feet off of that working? **Jason Knowlton (Applicant):** Correct. Right, am I—is that right? Yeah, I mean, yes. Um, Rap marked out the bluff line being the green, right? And we got to stay that back, and that's where um, we shouldn't be down there. So that's where we drew the line for the silt fence to go. Other than that, it's um, yeah, I can say I don't know what else you would need from me, but maybe Doug or Rick wants to get up and talk a little bit too. [15:55] **Rick Knowlton (Applicant):** Um, there's been a hole there between those two lots and for 20 years since they did that grading up there. You know, the hydrant is right in the middle of that, and the sidewalk—the sidewalk's going to go right across right next to that hole, you know? And if we fill that in down in there, you know, you could have two nice lots in there again to help fill out that development. Otherwise, those two lots are pretty well useless. **Steve Nordin (Chair):** Well, we're just talking about, you know, the bluff line issues. That's all we're talking—we're just talking to fill that in between, not in between, in between those two lots. **Rick Knowlton (Applicant):** Correct, right, yeah, right, yep. **Steve Nordin (Chair):** But stay south of the yellow. **Rick Knowlton (Applicant):** South of the yellow, exactly. So um, and right behind the hydrant it drops right off now, and the new sidewalk is going to go around behind the hydrant the way it looks to me to make that work. So this—this would all fit in very well with what's going to happen up there. **Steve Nordin (Chair):** Okay, so um... oh okay. Let me know, so we're not going to have any problem with washout or, you know, heavy rains? It's not going to re-wash out or anything like that? Isn't going to change the water flow up there from what it is already with the work that's already been done there? I mean, are we having any trouble with the downstairs neighbor or...? [17:27] **Jason Knowlton (Applicant):** Yep, they've done that, they've talked to them. I did talk to the neighbor down and kind of explained what we were doing. And I um, I think a big concern of theirs was maybe thought we were coming right down through the woods um, towards their house and their property and eliminating the trees and privacy that they want. And obviously, for the lots up on the top, they want the same privacy, sure, you know, from the people down below. So we don't want to take out um, a bunch of trees and we're not gonna. Um, I assured her that we're not funneling or creating a bunch of water to run that's gonna change any patterns of any sorts to them down below. And yeah, other than that... **Steve Nordin (Chair):** Is it okay if I ask? Anybody else willing to address? [18:52] **Chris Albrecht (Public):** Yeah, Chris Albrecht. I'm at 6670, and I also own two adjacent lots to the left of this drawing as well. And um, so basically I own the lots here and here. And yeah, I've been up there for now what, 12 years? And that is—it's just—it's an old extinct wash. And at the green line there, um, they've got a nice gentle swell from the yellow line to the green line, which is nice. And then beyond the green line is natural bluff rolling down—that's all fully wooded and and it has plants throughout the whole thing. So I mean, that hasn't washed out ever in the years I've been up there; it's not going to. But I will say that that cut right there—filling it in—that's a good idea because that is... in some kind of catastrophic rain event, not having that cut—if there's anything that would cause a lot of water to run down, it would be having the cut. Getting rid of it's actually probably a pretty good thing because that's where the water would want to move. But once you fill that in, the natural slope of all of this is consistent past the property all the way over to Stacy and Aaron's house and runs all the way past and through basically into my backyard. So that line stays the same. So it's not like they're introducing new slope, new anything to what kind of was already there other than this weird crater that's always been there which is just a dead dry wash. So I mean, you know, it—and again, I would be affected directly to those sites as well and I have no concerns about it. In fact, I think it's to be honest, if you ever get enough of a wash event with that still there with the new sidewalk, there's a good chance part of that side—oh, it could go down with it. So I think eliminating that would probably be a good thing. But yeah, I was just out there today, I just walked in right before the meeting and I have no concerns. I'm all for it. And again, there's so much greenery beyond this green line heading down that's been there for a thousand years and it's not going anywhere. That's all I got. Thank you. **Steve Nordin (Chair):** Thanks. [21:10] **Aaron Deutsch (Public):** Aaron Deutsch, I live on the end of this at 6694. So I—my concern with that hole is the unsightliness of it. They can't cut it in any way or means—I mean, it's going to look like not good. It's not going to look good for our neighborhood. It needs to be filled in because of our new sidewalks that our city's putting in; it is right next to that hole and it's steep. So kids—we're the ones going to be using that sidewalk—I don't want that hole next to my sidewalk. So, all right. Thank you. [21:59] **Laura Rezak (Public):** Hi, I'm Laura Rezak. I actually live down behind here um, and so my concern was actually that the line—the yellow line—because I feel—did you guys already cross the line? Have you crossed the yellow line? We have crossed, yes. So that's where the concern came up and when I contacted—I don't care if they filled that in as long as they can guarantee it's not going to shuffle, right, and come down into the bluff. The concern was that protected bluff line and that's where the call happened, like "Whoa, they're kind of creeping down in there." So that was my concern. I don't really care what happens up there as long as we're following the rules and all the pieces that need to be followed. So thanks. **Steve Nordin (Chair):** Thank you. Thank you. [22:44] **Tim Melchio (Public):** Tim Melchio, I live down there as well. Uh, you don't have enough but the PIN 6694, when they redid that, they did encroach the bluff and they did that on a weekend. They had heavy machinery in there and they altered the water flow. And so my neighbor has seen what it has done. Public Works has been out there before and saying they thought, I believe it was from tornado and some trees falling, but from ’19 to late 2020, we never had water running and being altered and diverted that runs now underneath my shed. And I've been trying to—without encroaching and destroying a bunch of stuff—trying to get the flow back where it needs to go. So my only concern is once we start messing with the bluff and trying to figure out where water wants to go—what's going on the least resistance—to make sure that we don't flood us out down below and have another... my area, Grove Street or wherever you want to do. I just want to make sure the project's good and tight. As well as I would definitely like on that PIN uh, 6694, they tiled all their gutters out to the ravine and so now the water just runs down to the ravine. So that's what I can see without trespassing. So I have not been up there and walked around the property to see what they have done, but I know in that project above me, the silt fence kept failing and having to be reestablished and I had a lot of runoff to my property. And I think that's what we try—want to avoid down below. Thanks. [24:25] **Jason Knowlton (Applicant):** I would just like to add to um, his statement to the—which is—the street up there doesn't have the final lift. We all know that, right? And so it doesn't follow the storm sewers. So this fall, when the project um, up there gets done, all the water will run to the storm sewers. Right now it—it runs down along here, this is the street comes down here and it comes down the hill and any water that is in—it's a lot—we've seen heavy rains where the whole street is full and it goes down and around. And that's all in the works of also getting fixed here by fall. So I believe that could be a lot of the water that is coming down. Okay, I just wanted to kind of clarify that a little bit. That water runs downhill, right? So it's usually, you know, it's where it's going to go, yeah. So okay. [25:35] **Tim Melchio (Public):** I don't want to be a pessimist, but I hope the final lift takes care of it. But uh, I think when we added—and I don't care if people want access to their backyard—but when they added that driveway off the street, you took the full curb out as well. So hopefully right here, hopefully if you—that lip will solve that. But if it doesn't, I mean, that's an easy runoff and then it's just going back down to that natural flow of water. So I don't know if that was ever supposed to be there or not. I mean it's done, but I'm—I'm curious by adding bituminous now to bring it up to the lip, that's less area where the water has the resistance and so I don't know if that's enough of a curb per se to keep that water going down in a heavy rain. So... [27:06] **Steve Nordin (Chair):** Anybody else want to address the public hearing? Second call for the public hearing. Third and final call for the public hearing. I'm closing the public hearing. Committee? Where'd I go? [27:22] **Steve Nordin (Chair):** Um, I know as far as what you've told us that uh, like you said, that final lift will probably get the water to where it's going to go in the storm sewer instead of running down over the hill. The only thing is um, that curb... that curb that's—is it missing? Or that it was cut out, correct? And which one—what's your... **Rick Knowlton (Applicant):** That—that piece of curb that uh, Tim was alluding to. For—is that an extra driveway? No, the curb—it was cut, but it's uh, after—after a small little curve it's a mountable curb. Top is still two and a half inches below that once you hit the concrete. It goes up another two, two and a half inches. The final lift of the top—there's no... when a rain comes off Cedar Hills way up on top of there, the water won't even reach the curb until it gets higher than two and a half inches, then it'll go into the uh, the storm sewer. Okay, so this is being corrected. The beds have been left already, uh, and they're being assessed about 7,200 bucks a lot to make that final lift so the water will go to the sewer. Now to the other question, uh, did we ever cross that yellow line? Yes, but we—that green line still isn't to our property lines. Their property goes far beyond that green... **Steve Nordin (Chair):** My question was if you moved anything or touched any of the dirt or any of the trees in that area. Did you cut any trees down past the—in that space? **Rick Knowlton (Applicant):** Trees, yes. Dirt, um, we were preparing to put fill in so that waterway doesn't—the waterway's cut down. So if we can't go in there and prove, that's fine. We'll stay back that 30 feet and then that takes care of our needs for that hole. But the water is still going to run down that water—not worried about that, I'm worried about the bluff. **Steve Nordin (Chair):** Just we would need to be done appropriately. And the bluff line is marked? The green line has been marked by a circle? **Diane Johnson:** Correct. You're welcome. [29:41] **Rick Knowlton (Applicant):** The bluff line drops off pretty hard, a steep slope. There's no logical reason why you would go past that until reconstruction for any reason. **Steve Nordin (Chair):** Between—between the yellow line and the green line, are there—obviously there's going to be fresh dirt now—are we planting it with something or...? **Rick Knowlton (Applicant):** To pull that dirt in, it'll be placed, that's getting pushed in there. So we're going to compact it as we fill that hole in. **Steve Nordin (Chair):** Okay. Because if we took any trees down that we shouldn't have, maybe we should put a few back in where we should do that, look—look better. **Rick Knowlton (Applicant):** Trees—and it's all fast food—that was taken out and mostly over on Casey's lot here. He's doing the new build to the lot next, so I'm doing—I'm building on 6690 or 69. The green line is—a—you would not go past the green line of the building. It drops off steep. It's a steep slope down the hill. There's trees that are down in there, there's trees that are standing. You know, maybe one day if you want to cut down the—the trees that were damaged in the storm a few years ago just, you know, so they don't fall down on the kid or something like that. But, you know, there's no intentions on my part to go down and clear-cut down the edge of my property line. It's basically have a backyard to the bluff line at a home in front of it. [31:14] **Chris Albrecht (Public):** And in fact, most of those trees down there in that cut were always dead or dying anyway. So between—a lot of the—a lot of the trees that these guys fall, because I was watching the whole time, uh, were either a lot of the ones that are already compromising one way or another, either by the tornado or dead/dying. There wasn't beyond the green line—the actual trees beyond that? No, that's—that's all still intact other than what was dropped during the tornado. There's still some deadfall in there from the tornado, but primarily what they were clearing there was stuff that was already compromised in some form or fashion. **Steve Nordin (Chair):** Where the—or the bluff line is currently staked up there, there was pretty much, I would say, no impact past that, correct? Neil, you find anything to add? [32:05] **Jon Radermacher (City Administrator):** Well, what the conditional use provides these folks if you adopt it, or the—after the Council—is the right to fill in above the yellow line. There will be no impact to the north of the yellow line and no—there's supposed to be no vegetation removal, no tree removal, no—no impact. That's—uh, it's the bluff impact zone. Um, the silt fence where they have that—what actually is up on the screen is the silt fence plan and they're going to cover the—the valley. And if that don't hold in a good rain, they'll have to do some other means. It'll—it'll be monitored. Um, I know Steve, you asked if they should uh, put stakes or silt fence along the entire yellow line to make sure that the impact is not there. It might be a good idea, it won't be that much more. But as far as staff goes, I—we agree that a conditional use would not harm the bluff. It will do good to help put a couple of houses in there, it'll help on the sidewalk. So that's—that's what the conditional use that you guys have in front of you tonight will cover: yellow line to the south to the road, Bluff Drive. **Diane Johnson:** Neil and I did meet with Bill Angerman today too. He's the one that provided this map and he agreed that this particular plan would um, be a workable one. Okay. [33:55] **Commission Member:** Um, not really. I guess is the reason it needs a CUP because it's near the bluff line? Or would that be for any um, any place that wants to bring in fill? **Jon Radermacher (City Administrator):** That it's required by code. The bluff protection overlay district does require that. Yep, you're right Derek. [34:26] **Lundell:** I—and I haven't been up there for a while, but i mean it sounds like filling in this area is not going to do any harm to the drainage, which the problem seems to be coming around on the east end of the whole development, which—that's another matter to look into to figure out why that's happening through the driveway and down the hill. I—I would feel more comfortable if we actually marked out the yellow line too, just to make sure. You could make that part of your motion if you want. Yeah, but otherwise I think it sounds like a good plan. You know, we've—when we've had construction prior to any road, when the water can't get to the storm water system, it does flood out people on the—on the end of the—of the system because it doesn't get through the—to the catch basins. Uh, once we put the final lift on, every catch basin will take some of that water and pipe it down. It's going to be a major change as far as all that water coming down around that corner. So putting that final layer on is going to be a bonus. **Steve Nordin (Chair):** Absolutely, that's a good point you made. Yep. [35:49] **Steve Nordin (Chair):** Would you guys agree to put a silk—silt fence along that whole yellow line? **Rick Knowlton (Applicant):** It's not needed because the—the dip, the valley is where the black light—looks like the water goes to that. **Steve Nordin (Chair):** What I—what I—what I'm asking is so it's more—more of a border to stay out of that zone. Are you going to be able to stay out of that zone without any...? **Rick Knowlton (Applicant):** I think what Diane was saying is that we stake the yellow line. Yes. But the foot, you know, silt fence from that black line either side it takes off uphill where the water would never reach and possibly could reach that because it's—it's a washout, it's a gully. So if we stop it there, I'd be more willing to put two silt fences on that ballpark than just one all the way up the yellow line. You know what I'm saying? So the water's going to run more apt to put two there than up there. But I'm basically... so it's a—it's a border so you know where your—your working area is. Just stake that, like Diane said. Okay. **Rick Knowlton (Applicant):** Staked already. The green line's already staked. We got to stay 30 feet from that—that line. **Steve Nordin (Chair):** Yeah, I didn't volunteer to help you. [37:21] **Steve Nordin (Chair):** Okay, well, I'm going to make a motion to... can I put those both together? I'm going to make a motion to for Resolution 2022-09, conditional use permit for PID 524-50290. **Johnson:** I’ll second. **Steve Nordin (Chair):** Motion is second to pass the first resolution. Is any further discussion? All in favor? **Commission Members:** Aye. **Steve Nordin (Chair):** Opposed? Motion carries. I need a motion to for the second one. **Lundell:** I will make a motion for item D to approve it. **Johnson:** And there’s a second by John. **Steve Nordin (Chair):** Motioned by Lundell, second by Johnson to approve Resolution 2022-10, conditional use permit for PID 524-550300. Any further discussion? All in favor? **Commission Members:** Aye. **Steve Nordin (Chair):** Motion carries there. Thank you guys for all your input. Thank you. Item E: Adjust Planning Commission to 8-15-22 because of the conflict with the—the voting, the primary election. Yep, we want to set up the—yeah, what we're talking about there. Yeah. [38:56] **Gary Gesme:** Okay, well I'm going to make a motion we change the date to 8-15 at 6:30 for the Planning Commission. **Lundell:** I will second that motion. **Steve Nordin (Chair):** And Gesme, second by Lundell to approve the date change to 8-15-22 for the Plan Commission. Any further discussion? All in favor? **Commission Members:** Aye. **Steve Nordin (Chair):** And I’m going to make a motion to adjourn. **Johnson:** Second. **Steve Nordin (Chair):** Any further discussion? All in favor? **Commission Members:** Aye. **Steve Nordin (Chair):** Motion carries.