Mr chair we are recording and it is 7 o'clock I'd like to call this evening's corkran Planning Commission meeting uh to order um roll call brummond here uh horn here VY here lantman is here and Jacobs is uh not here recording in progress uh please uh join me in the pledge of Alle i al to the flag of the United States of America and to the repic for stands one nation under God indivisible with libery and justice for all uh Commissioners and staff does anyone have any Amendment or additions or or edits to tonight's agenda sta does not Mr chair no okay thank you um I will open the floor now uh to the public to participate in the open for uh this is for uh audience members to address the on any items not already on the agenda so I need to point that out not already on the agenda is there anyone who would like to address us uh on a topic not already on the agenda before we do that I'll make a motion to approve the agenda for tonight and I'll and I'll second that oh okay well okay well all in favor say I I I I all oppose great thank you anyone have any comments open form I apologize Mr chair I forgot to inform people on Zoom anyone on Zoom who would like to address the commission um to with anything not on the agenda you can participate in open Forum by raising your hand this is found either under the reactions menu um or Star n if you're joining us by phone no one is raising their hand uh are there any questions or comments on the minutes uh could I could I get a motion to approve the May 4th 2023 planning oh May that that must that must be a typo I apologize it's September 7 okay September 7 2023 Planning Commission meeting minutes August yep today is the seventh correct sorry I will make a motion to approve those minutes and I'll second okay all in favor say I I I all oppose that carries hi come on in there we waited for you uh I'd like to open the uh public hearing about the red Farm Pet Retreat City file 23-8 uh staff you have the floor to present the report pleas thank you Mr chair Commissioners this is a request with several items uh for the Red Bar Retreat a comprehensive plan Amendment resoning preliminary plaque conditional use permit and site plan the applicant currently operates uh similar business under a conditional home occupation license at his home at 12520 Ste road that is just west of the subject property um uh sort of off the screen right where my pointer is and uh that will remain as a separate business so that will uh operate independently of the application we're talking about tonight the council reviewed a sketch plan for this site in December of last year the parks and trails commission reviewed the item on May 18th and then this public hearing was originally scheduled for June 1st but was tabled at the applicant's request to address some concerns raised by staff and they worked through that over the summer so we're uh we have updated plans in the packet and um many of the staff uh issues have addressed and we'll walk through that here in the next the wrong map yeah that's that yeah oh an old map on there sorry that one's better we'll just go to this I'm sorry I spoke out of turn I was just about off the page I know I looked at it like we're not on the right map but I'm going to keep moving you're okay the current property is on the map at the corner of Steve Road and 101 or Brockton Lane and this is guided light industrial and zoned light industrial it was platted as part of the Bell weather development so so when bellea was platted it included several commercial or industrial Lots this was one of them was platted as an outlock so the property to the north is developed as Nelson International and is guided and zoned light industrial the property to the South across Ste road is guided commercial and Zone C2 the property to the West is guided low density residential Zone PUD and is that part of that Bell weather development the same development as this parcel was flatted as and then to the e east across 101 is a residential property in the city of Maple Grove the request includes those five components for the comprehensive plan Amendment rezoning preliminary plat conditional use permit and site plan the comprehensive plan amendment is an amendment to the 2040 future land use map uh commercial kennels are not permitted in our industrial district so in order to allow the use proposed uh the applicant would need to rezone the prop to C2 in order to do that the land use classification would also need to be revised so this is a request to reu it from industrial to commercial the staff report outlines the amendment standards for a conditional use permit Amendment and um I won't repeat all of those but in general this amendment would simply move the boundary between the commercial and Industrial land uses uh one parcel North so right now the north side of this prop property is the boundary between commercial and Industrial and if this excuse me the sou side of the property is and if this were approved the boundary would be the north side of this property the land use proposed by the applicant is consistent with the Northeast District Vision uh because this does identify the desire to have uh um retain existing businesses um to identify businesses that provide jobs in the community and the applicant's request does so if the comprehensive plan amendment is approved by the council the request would then be submitted to the Metropolitan Council for review they'll review it for consistency with regional systems as part of the requirements for a comprehensive plan and process the cities required to notify adjacent jurisdictions cities watersheds Etc uh we only received a few responses back and all of those were that there were no comments on the proposed land use change from those adjacent jurisdictions this is the land use map uh where the arrow is this purple parcel lavender parcel is the piece in question and again south of SE grow is commercial the idea would this would be commercial and the commercial industrial boundary would move to the Norther property line if that happens the property also needs to be rezoned and it would be rezoned from i1 to C2 Community commercial and again staff believes for the reasons outlined in the staff report that it is if the comprehensive plan amendment is approved that the rezoning would be consistent with the ordinance standards and again really just moving the line on the map between the commercial and the industrial from the south property line to the north the preliminary plaque creates two Parcels so a very large uh lot one is 12 a half acres a smaller Outlaw a in the South uh West corner and dedication of right of way in the center for a future cuac that street width excuse me is a 60t wide road with a caac that's consistent with City standards uh city engineer looked at the possibility of extending that or making connections but because both the west and North properties are developed uh there is no room for connection and so a culdesac would be the appropriate Street the applicant is proposing the uh kennel in the Southeast corner of the site and uh has asked that in lie of building the entire uh Street at this point that they be allowed to Simply build a driveway access to access the site until out lot a is developed or until lot one is redeveloped theyve provided a ghost plat that shows this could be subdivided into four Parcels in the future we have allowed that for a number of sites in the city including uh Nelson directly to the north their driveway is a driveway in a public RightWay through an encroachment agreement um so uh City Engineers reviewed that they're comfortable with that in general uh one of the things that uh was discussed with the sketch plan in December is Staff strongly recommended that this driveway access be moved to the north side of this building uh both Public Safety and Engineering are concerned about how close it is to this public Street concerns about fire uh Vehicles being able to make that turn within the drive lane there is a condition that the applicant needs to prove that the fire trucks can make that turning radius again um the applicant was encouraged to move that but chose to leave it where it is and so if that remains they will need to show that the fire vehicles emergency vehicles can make it in um without conflicting with uh southbound traffic on that culac but generally the C2 lot standards are met setbacks lot size are and uh the ghost plat that I mentioned earlier does show plans for future subdivision staff notes that when that road is built and these Lots get developed additional storm water will be required given the size of the Wetland and some other constraints it's likely that that storm water is going to constrain those sites so we want to make the applicant aware of that there's no condition to that uh other than we did encourage them to evaluate the storm water for the entire site development to ensure that they don't prude opportunities for themselves so moving on to the fourth item it's a conditional use for a commercial kennel in the C2 District the applicants plan um we reviewed against the general conditional use permit standards there are no specific conditional use permits for a kennel and uh again in the staff report I won't repeat tonight but for the the reason similar to the reasons we evaluated with the reiding and rezoning we think this use is appropriate in this district and that the applicant has identified ways to address the conditional use permit standards generally in the ordinance the details are addressed as part of the site plan and so again this is the entire site um lot one includes this green area there'll be trails that wander through you can sort of see uh these red lines this this uh was not in the packet this was an updated plan um you would enter the site from seag Road into the driveway where there'd be primarily the drop off Zone would be for these stalls and then uh employee and overflow parking on the east side of the site it is a single building with uh the um the applicant will probably call it something different but I'm going to say the play area in this light green area here uh buffered from from the future public Street by Landscaping in this Zone on the east side of the site is their storm water Pond and the plans do show this future building and I'll talk a little bit about that uh later on a later slide uh this uh rendering on the screen is consistent with the updated rendering that was on your day off tonight slightly different primarily related to the uh mural in the middle the plans are sub to the Northeast District standards and the applicant has done a good job generally of Meeting those standards a couple things of note the building is sided um and intended to look agricultural intended to look like a barn it's sided with LP La siding and then the mural that tan area is a LP shape and our Northeast District standards allow LP for residential uses but not for commercial unless specifically approved by the council and so we've made not the Planning Commission might want to comment on that but um ultimately the council will need to decide if LP siding is appropriate in this district for this use again trying to meet that rural design flavor it seems to make a lot of sense to look like a barn they've also uh provided some stone accents on the pillars and at the front of the building as you can see the roof is primarily asphalts shingles but I would note that the porch element on the front the South and the North that is uh is a metal roof which is permitted by our code subject to certain standards we don't have details on any of these material so we do require and have included a condition that the applicant provide material samples and details to ensure compliance with the standards in the code and the ordinance but generally as I said should the council approve LP sighting for a commercial use uh this does comply with the Northeast District standards uh for architecture the future structure which is the St Zone here uh was something that the applicant added in this round of revisions and I would just note that that 4,000 foot building is not likely to be approved um an accessory building is not permitted in the front yard this is a front yard and is not allowed to exceed a th000 square fet the code would allow two principal buildings on a lot but this wouldn't meet the access standards for that so in general if the applicant needs expansion space it would need to be either as an addition to the building in the future or another uh part of lot one or or other lot on the site but to be clear he has not requested approval at this time it is not being requested or granted but I just wanted to highlight that uh trash and recycling uh will be provided as an exterior enclosure according to the applicant but we will need details about where that's located what it looks like to ensure compliance with the codee Planning Commission may recall that screening of mechanical equipment and utility structures is a um significant design requirement in the Northeast District we don't have any details about that with this plan set so we have included conditions that the plans need to be revised to provide those details to ensure compliance with the Cod the plans do generally show that there's lighting planned it talks about uh freestanding lights and building like but no details have been provided to ensure compliance with the c off requirements in the code or the maximum book candle so we have included conditions to address that in the draft resolution one discussion item that uh is a bit of a challenge uh relates to parking the plan shows 61 stalls where the code typically requires 88 stalls um they are showing the bike parking as required as well as I talked about in the staff report this is a little bit of a different use we don't specifically talk about Doggy Daycare in our ordinance we talk about animal clinics but those function a little bit differently than this um the applicant has indicated his plan is to have 30 to 55 employees some of those parttime employees and that the largest shift would have 15 people the business would allow overnight boarding for 115 Pets Plus other uses like daytime boarding grooming training and Retail component so there's a lot going on in here but um looking at how other communities across the country deal with um these types of uh uses our research suggests that 61 stalls would likely be adequate given the quick In-N-Out drop off that occurs with the the majority of users that are visiting the site however um we have included a condition that if there's a documented parking problem something that occurs regularly the applicant would be required to expand their parking area likely in that Northwest excuse me Northeast part of the site where that uh future building was um there are some alternatives to address that but um again staff feels comfortable with the parking but wanted to build some flexibility and should it become a problem um landscape islands are re ir ired and and as I noted in the staff report there's some inconsistency between the landscape plans and the site plans in terms of how many parking stalls are provided how big the islands are Etc and so we've included a condition that those be updated to ensure consistency with this zoning ordinance requirements um generally the the site plan does appear to comply but we need to get confirmation that those requirements are being met there's a requirement in the Northeast district for buffering along new streets and that is not provided on the current plans it requires shade tree shrubs flowers and a 3 to 4 foot fencer wall um along that new public Street and so the plans are going to need to be revised to provide that buffer Landscaping is another area where I think some uh flexibility or creativity may be warranted the code requires 82 overstory trees and 12 shrubs for the Project based on the perimeter of the lot size and you saw I had a table in the staff report the code says it's the greater of lot perimeter or building area and in this case because this is such a huge lot to accommodate the uh trails in lot one um it is a significantly larger number of trees required uh if we use lot size versus uh building size the plan shows 37 equivalent trees and 111 shrubs uh plus the screening that I just mentioned being required along um the new public Street given the size of lot one and the potential for future subdivision using building size rather than lot perimeter does seem to be appropriate um I think um requiring the additional Landscaping would require additional trees to be planted in the undeveloped portion of the lot likely um and so the Planning Commission may wish to discuss that um and make a recommendation to the council relative to that item um trees and shrubs should be located outside of the dnu easement uh the applicant's narrative says they're providing native Landscaping the details on the landscape plan are not clear so we need a little more information as well as a maintenance plan for the native landscaping and the Wetland buffers additionally that landscape plan needs to uh provide Northeast District species from from the that section of the ordinance and there are several shown on the plan that do not comply so that'll need to be updated you recall that three resiliency strategies are required we think they're providing them but again we need more details to confirm that in fact that it will comply with the code we have a new relatively new ordinance that requires buffer yards when property is adjacent to residential uh in this case the outlaw a separates the development itself from the residential to the West uh and while lot one does extend to the Bell weather um development on the northwest side of the site uh it is in fact uh remaining in a natural state with existing vegetation to remain so future Redevelopment or development would be required to provide a b buffer adjacent to the Bell weather project again um in the Southeast corner is the building uh in the development separated by Outlaw a from from the Bell weather project and then the dark green on the top is remaining in a basically natural state with a number of walking trails we did include a condition that the applicant will need to provide a plan for those walking trails before constructing them are they mod trails are they um um wood chip or any kind of improvement uh to ensure that there's no Wetland or Wetland buffer impact from those trails but that's an administrative approval that engineering will just review the plan utilities um we're in this uh gray area right now utilities are available uh in terms of sanitary sewer there's a sanitary sewer line on the site that the applicant will connect to as you know the city is uh building its own water treatment plant and water tower that will not be available however until late 2024 the the applicant's plan uh is to begin construction immediately and so the alternatives are to either amend the Maple Grove Water agreement the Cork and Maple Grove Water agreement to provide service to this or to provide a temporary well to serve the site until such time as City water is available and then they would connect to City Water uh the as you I think know the Maple Grove Water agreement has been a challenge to amend for a variety of reasons we did rece some feedback from Maple Grove about what they would want in exchange for amending that and it seems cost prohibitive to agree to uh those requirements so the applicant will likely be doing a temporary private well uh that is shown on the plan but we'll continue to work with him as this project moves forward storm water uh has been reviewed the engineers memo has a number of conditions related to utilities that would need to be addressed but most of the ific issues that we were dealing with earlier this summer have been addressed Park dedication is planned uh via an onroad Trail in the future when 101 Brockton is improved and there is an on-road Trail on Ste road that the city May extend in front of the site as part of a turn Lan project um so the Parks Commission when they reviewed this recommended cash in L of land for lot one Mr chair commissioner that's my quick summary um on the day off tonight were a number of letters that we see received from interested um people in uh generally in support of the project as well as the updated site plan rendering updated from your packet and so Mr chair I would remind you and the audience that if you have submitted the letter that has been entered into the record just as if you have spoken at the public hearing and uh staff does uh recommend approval of the re request with the conditions outlined in the staff report but if the Planning Commission finds that the standards have not been met they should recommend denial for the city council thank you for your report um I'd like to uh welcome public comments we're going to uh accept inperson comments first and then Zoom uh attendees will have an opportunity to to address us now due to the number of attendees tonight ask you to keep your comments brief less than five minutes if you if you can and uh as you just heard uh we did receive your letters your letters are part of the record I can assure you that we have read all of them so there's no need for you to come up and reread your letter okay um you know given that is there anyone here that would like to address US yes sir please step up to the microphone and state your name and address please my name is Mike 1039 my house is in the at the of the back of my house faces the uh this property we bought our house moved into our house in December 202 um the next spring we discovered that the Nelson business was going in and none of us that lived there knew that when we bought our properties that I'm just saying this in the context of the big picture um for two years now I've been waiting for this group to say that um somebody wanted to put up another giant pole building with a 5 acre parking lot across the pond from my backyard um to my delight this came forward inad um i' I've I've uh there are 11 homes that that face this property um I've been in communication with them all some people call me the ring leader but I don't know I I so I communicate what I've heard about this um I have not heard any negative feedback from any of the other 10 folks who property um I have heard three or four people say they support it so I'll finish by saying I could not imagine having a better neighbor when when the options might be leave the zoning the way it is and put up another industrial kind of building um across the pond that's all I have to say thank you great anyone else please come up and state your name and address please I'm Les and I'm also and our house actually his to the property we will see it but we're also a a customer of the red f and so I can speak to the care that they provide to the area they're very conscientious they take care of the properties and that also quiet and again we welcome something like this far more than big buildings that are ugly to look at and don't seem to have a lot of residential purpose this would Leslie can you confirm your full street address 10378 thank you thank you anyone else yes and I know you've heard this please state your name and your address thank you my name is Stephanie wne W Victor a my address is 6281 Jun I've been a patron of the red Pet Retreat for five years now and actually I found out that one of my former colleagues and friend um behind them and she said when they first were to open up she said I've been so impressed and she's been impressed as well that they're very quiet and I remember when I first started my dog was a puppy and um they said we have a Liv that's really interesting but so rare that you ever hear a dog bar and the care that my dog gets um she's she loves going speak I I I highly recomend it to anybody who lives in the area even people may it's a little bit Drive I've been very very satisfied support thank you anyone else thank you please state your name and your address r66 L also for as well and I think I've probably been going there more than a decade now um my I've had three dogs and two of them already passed but we've had them going to that place and that was the first thing I was impressed of she had made statement that they had the noark policy and I've been to a lot of places I've had them in ha at other places before where you like go in it's just and it's just crazy but it was so Qui I was like you got to see this place so I've recommended it to so many people my family all or neighbors I ran into people everywhere to talk about it I just I can't imagine not having a place there my dog loves it so I I think whatever can do to preserve that thank you anyone else anyone buerer anyone anyone no anyone got oh one more please thank you please state your name and your address my name is Cheryl ly I live at 20110 ma Road live in corpin I work at Heidi's grow house in corpin and we take our dog to the red and she loves it and we' love this city and we want other families to be able to enjoy spaces to that's what it was thank you members of the public joining us on Zoom if you'd like to participate in the public hearing for the Red Barn Pet Retreat please raise your hand now uh you can do this by uh utilizing the reactions menu or Star n if you're on the phone no one is raising their hand at this time anyone else speak now or forever hold your okay all right good um thank you uh and I appreciate everyone coming out tonight okay your your uh your your presence here is greatly appreciated uh can I uh get a motion to close the public hearing please motion close the public hearing I'll second all in favor say I I I'll oppose okay so um this application presents a few different what I like to think of as like sub applications and uh we have a comp plan Amendment resoning preliminary plant cup and site plan uh who would like to start the discussion I've got a couple of questions maybe for the outcom staff to start with um the first one is Rel to the Future development I me we understand the fact this is the red facilities expansion but it talks about that lot a which can allow for future development and then the potential for a lot SP lot one and looking at lot one considering the encumbrances of wetland significant trees utilties Wetland setbacks Wetland buffers things like that I guess I would just be you from the applicant how reasonable would it be that lot ultim does get subdivided then maybe some understanding what could be plan for very good question um it does POS some challenges that lot um Outlaw a was separated because that is I'd say the most sure I am pathetically in my heart what my next phase for would be and that to me would be likely r f Retreat so would be again a complimentary service to the area would take up a small amount it would also be another barrier towards the resal because everything inside there is interior north of there doing possibly and again it's hypothetical some sort of high Nursery similar to Lind like the one the one L the one I like um that's part of the CL the priorities to get um Red Bar up and running um it's hard to say moving forward on the timeline but in that order that's as far as I thought Red Barn vet Retreat right up front and then after that the next phas we were talking Nursery weate the back half of a glass style greenhous then as a property offs bring big baskets a lot of baskets a lot of ornamentals lot maybe a follow for staff so and for the audience's benefit if at some point outla a becomes developed or a l lot one you hope everybody kind of understand what that process would look like if something additional happens on the property consider evening yes thank you commissioner uh if Outlaw Aid develops it would need to come back into the city for a final flat and uh at least a site plan perhaps a conditional use permit depending what's proposed on that site uh final plat goes only to the city council um but uh depending on what the application is it could require a public hearing at the Planning Commission as well if uh lot one is subdivided in the future for the nursery or some other use subdivisions do require a public hearing and that would definitely come back to the Planning Commission people would again get notied um and then the site plan or conditional use permit would be part of that as well again this evening is only about the facility the red Pet Retreat facility is not about anything else that coulden future that would require separate action that is correct Mr commissioner and then I had one other question and is related to Trail systems and the park dedication of the property um staff background suggests that a 10 foot Trail e would be dedicated along Ste Road as well as along1 Brockton I know that currently is Trails on both sides of Ste Road West of Lane I was wondering if there was consideration about the extension of 10 at this time thatti ofk dedication what was the the uh yeah the trail on Steig road is not part of our Park plan it wasn't part of the discussion when Bell weather was completed but as because there's a trail on the South Side that's planned um but as we've been talking with public works I think we believe that there is some value to adding that trail I think we're still working through the timing of when that might occur if it were to occur as part of this project as I said maybe as part of the turn Lan project or in pieces as lot one and then out lot a develop I'm not entirely sure it's in the public right of way though um it's not a trail that's on the comprehensive plan it's in the public easement not that public right way excuse me um but it does not get pared vation credit because it is not an off-road Trail shown on the comprehensive plan but um uh both Parks Commission and City staff believe that it's a valuable addition to the system as you know it doesn't go anywhere in 101 yet so I we feel like we have some time to make that connection but certainly want to plan for it sure questions I thank you sure um I wanted to just kind of speak through the different um if you want I does anyone have any questions specifically for um the applicant otherwise I can go in because I don't and so I don't want to make it stand but if you guys have questions go ahead I will can I ask you to sit up front because I will have questions for you here in a second and I wouldn't want you thank you I appreciate that than sure okay so I am in full support of the um comprehensive plan Amendment and the rezoning um and the um cup for this particular project I do think that I would Echo the residents um who spoke tonight and were represented that it makes a lot more sense in my mind to have a C2 or a commercial property bumping up to this Bell Weather Neighborhood rather than um industrial I know that there are other places where industrial bumps up to residential um so this wouldn't be the only place but in this particular case because of the application before us I think that it it's warranted so I would be in support of those um the questions regarding Landscaping I don't want to just plant trees just because take a planing trees I am not a fan of that um so I understand the intent of the um uh table but in this case I think that I would be in support of utilizing the building size rather than the lot size for the number of trees and shrubs required uh especially because it isn't uh it isn't replacing trees that are being torn down it's planting more trees in an area where trees aren't and so it's changing an existing um landscape just to have the under story and overstory trees so that's my thought on that and then as far as building materials um I think I remember because I was at at the meeting when this was pitched and I remember that there was a discussion that the material that you had wanted to use was actually a higher quality than the material that the standard required and there was some kind of rub about that has that was that this LP sighting do you remember what I'm talking about I'm sorry so we're refering to LP LP a wood product concrete cement okay and this is what general consensus was that theyed anding okay this is this is just fine okay okay well and so then I would be in support of the building materials as well I remember when the Northeast District guidelines were being um voted on by the public and having a rural uh agricultural look in their buildings was something that a lot of the residents had voted for the ones that um that did the online survey and showed up in person as well and I believe that the rendering shows that it it has an agricultural field to it so I would also be in support of the materials um so and then obviously there are a number of conditions of approval and I think some of that is just that as the process goes farther then those things get sorted out so um so with all of those conditions of approval then that would be where my support lies and I just want to say thank you to staff for working through this because I know it's been um a lot of time and effort put into it but I do feel like being able to support an existing business uh in the cor has a lot of Merit so thank you um yeah guys kind of ones I was thinking about as well um so yeah I'm generally supportive of this uh the question I had still I think is around the the well how do we enforce that is that something that just it's temporary you know be like ah we'll just keep a well forever I mean what's the what's kind of what happens with that I mean I know we have we're doing some of that down town as well I think similar but what's the process for that yeah that'd be part of the development agreement we would include the uh triggers for when that well needs to be disconnected and connected to the Municipal Water System so we'll work with engineers and the app and it was expensive I remember for some of the ones down here so having that kind of planned I guess or budget do we do we do an ESC with that yet or or is that just so one of the challenges is you know again uh in a year this won't be an issue but in order to proceed we cannot issue a building permit without a fire suppression system and water service to the site and so the applicant certainly will I think continue to work his numbers but if he wishes to go before the municipal Waters available that's really the path because as I said I don't think we're going to be able to amend the Maple Grove agreement which we have done for bellweather for example we amended the agreement and we're able to serve them uh we could not agreement with them on Nelson so Nelson has a well as well and uh I think that's likely what will happen on this site and then again like Nelson it gets in the um development agreement they are still responsible for play paying their area charges and all of those things so it's ready to go once such water is available okay and then I know I remember in the northeas agreement we did put that that they through the surveys and stuff on the the parking Islands what they're called but is that is there actually room do we think in the parking lot for those types of islands yes and they are shown on the pl they're just a little bit inconsistent between the different plan sheets so um if I pull that slide up show what I mean by Island oh I see J J out guess yeah that's the island okay so this is landscape Island right here the little black dot is a tree this is a landscape Island and the little black dot is a tree um and so this is the landscape plan so for example this island is too small it doesn't comply with our code but on the site plan it does so there's just some things like that that need to come together but these are the islands that we're talking about not exactly Islands but more like peninsulas right if it was was a bigger parking lot it would be more that's what was throwing that even I was like do things it's unreasonable in the end but okay that yeah that was it I was similar with the the trees as well with the building size instead or the lot size rather the building size versus the lot size that's it for me thank you so um first Mr Benjamin I commend you on your growing business it's it's nice seeing businesses continue to grow in this environment especially here in cor so I wish you continued success um the first topic that I would like to address is the resoning application which is also closely linked to the comp plan Amendment so I reviewed the plot and those that surround it um Kendra might uh correct to say that the C2 Zone plot to the South is also owned by the trust that owns the lot that is a subject of this application Mr chair I'll actually have to double check that I'm not certain they yes Natalie's confirmed that they are yeah um I believe they are and it's the Jr and Ms Martin trust Mr Benjamin do you currently have any ownership interest in that property the self property the property that we're discussing here tonight oh I have agreement okay so so you do have a sign purchase agreement I assume contingent upon how things go you got it okay all right thank you the only reason why I ask is um I just want to make sure that you have standing to even bring this application because the city code which is 107010 subdivision three reads quote any person owning real estate within the city initiate a request to amend the district boundaries or text of this chapter so as to affect the said Real Estate so um I believe given what you've just told me that you would have an interest in that property so you'd satisfi my my concern on that on that point um Municipal Services though have yet to be figured outs like primarily water um so therefore you are asking for a variance from the requirement to develop uh before there is City water at the site my concern is that the C2 District specifically provides that no development is to occur in the C2 District without those Municipal Services it reads quote new development within this district will be only when a full range of Municipal services and facilities are available to serve the area and that is from section 104010 subdivision one so it seems to me that this is not really something that can be worked around without a variance now Kendra the staff report says that quote the developer would be responsible for those improvements We Believe makes the project uh unfeasible so there the improvements at Maple Grove wants are a turn signal and the left turn limiting improvements so by developer uh Kendra are you referring to Mr Benjamin correct okay and why do you believe that this is not feasible well he's told us that he can't afford that with his project okay so so it's just Financial Financial okay well then I don't know how we can grant the variance if it's purely for economic considerations city code 107.4 subdivision 2B States quote the city council shall not approve any variance application unless they find failure to Grant the variance will result in Practical difficult on the applicant as defined by Minnesota statute 462 357 economic considerations alone do not constitute practical difficulties the burden approve is on the applicant end quote now with that said um I am actually okay in principle with a private well but that is condition upon the uh applicant Mr Benjamin transitioning within 60 days to City Water once it becomes available um so Kendra is it is it possible to more explicitly word the condition to require Mr Benjamin to transition to City Water once it is available absolutely Mr chair I would clarify that um because we're still working through the Maple Grove issue he has not yet applied for a variant If he if he we cannot resolve the Maple Grove issue uh and I'm I'm skeptical because not only is there a cost to him but I think there's some city transportation things that we don't support that I think as City staff we would not want to see City engineering staff would not want to see happen so um the variance has not yet been applied for that would come back to you and we would certainly include conditions we're hoping we can work through that with the between the two cities Maple Grove and por and the applicant to determine if it's feasible we just feel like at this point it feels unlikely that we'll get there with Maple Grove and so I wanted to lay this out he would come back with a variance request as part of his final uh plat and we would certainly could certainly include those conditions there um however if you'd like to put a condition to that effect as part of the um site plan or conditional use permit we could certainly do that but I just want to be clear that the variant hasn't yet been applied for but would be required in the future if we cannot reach agreement uh with Maple grow and he chooses to proceed before City Waters available because he also has that choice to get approval and not be begin construction till next fall when water might be available okay and you believe that that's roughly the tide frame we're in I that's to the best of my knowledge yes I mean that those things are popping up pretty quick they up that way they are and you know maybe I'm reading into things a little bit but it sounds I guess my my take on your comments Kendra is that has it been somewhat difficult to work with Maple Grove on this and I see you smiling so I know what that means I think I think it's challenging because the request is about water and and I think from a city perspective it's um frustrating to have the water discussion tied to Transportation uh they would call them improvements I don't know if I would um on County Roads so it has been a challenge to work through this with them um with that said we certainly appreciate the ability to to um have water from Maple Gro to serve other residents but amending it has been a challenge and commissioner ven Camp I would ask you to remember those comments when we're asked to assist other municipalities M yes sir being a past resident of Maple Grove and on their Planning Commission and everything else I was one of the five people on the planning that said we I insist we do something to stub into Corr and and when I'm talking 26 years ago and I understand Maple Grove's concern I understand everything there's a capacity issue there and there's a point where they need to become a little bit more selfish but I've had conversations with the mayor and stuff like that Kendra and Natalie do what they do very very well and they'll do their best to assist assist uh the Red Barn retreat but if not I like your approach of 60 days once our water is available and I know our uh engineering staff and everybody around our water treatment and our our uh Tower going up is excited about it hopeful and plan on it being ready in 20124 and then remember the next thing there at some point all of those Bell weather addition and all of those properties will hook to this and it essentially ends up daisy chaining into Maple Groves water supply too we aren't going to just cut the cut the pipe and do it it's going to be an extension of of Maple Grove so long story short I remember everything about this and excited a business sustain and wants to grow but there's challenges with everybody but uh I like your 60-day approach once it's available they need to hook up thank you Mr Benjamin do you believe that 60 days is a reasonable expectation for hooking up to water once it is available to you yeah something was kind of roughly up the rep as along same lines only I don't know there dep that's okay yeah I just want to make sure that in principle you're on okay all right so thank you so first again I I do want to thank everyone for uh for coming out um you know I'm I'm kind of a letter of the law kind of guy and uh you know you you um you were heard and uh again you you probably changed my mind on this so thank you again for coming out with that I'm gonna make a motion to recommend approval to the city council subject to the condition for in the draft uh resolutions um I would ask that there be more clarity worked into the draft that to the extent possible includes wording that the applicant will move to City Water uh when available second I have a second all in favor say I I I all oppos and that passes for nothing congratulations [Applause] thank you guys y'all can stay for you got to stay for that recommendation to stand you got to stay pie sure love itk you thank you thanks for coming okay moving on I'd like to open the public hearing for the sunam and am pronouncing that correct it is correct but would you prefer the staff report first before we open the public hearing SK no I would like to hear what you say Thank you Mr chair yeah so this is uh the sunram interim use permit and site plan application the applicant is sunram construct ction Incorporated and the request for approval is for uh to allow soil processing in a portion of a site um that in the soil processing is directly related to the Construction company's activities so the iup the iup would specifically allow importing soil to the site filling and storing the soil in stock piles and exporting the soil's offsite the location of the stock piles is on a lot that does not currently have an address assigned it's um legal description is Outlaw a a fehan family farm second edition and it is off of County Road 50 it is within our Musa boundary but they are in the fourth stage of phasing currently projected for 2035 to 2040 um so the it it the interim use nature that they're requesting does make sense considering that it likely the rest of site will be used for agriculture um as well in addition to their soil processing activities for the foreseeable future next slide so to provide some background the site has already been used for stockpiling soils for the last 15 years uh the image on the screen there uh in the southwest corner the area hatched in yellow is where the existing stockpile area exists uh so and it was originally handled through grading permits basically a perpetual grading permit that was renewed annually to allow the applicant to utilize the site in this way um and the rest of the site is either used for agriculture or is still in a natural state uh as the the construction season in 2022 the city had to update our grading permit land disturbance uh storm water pollution prevention plan regulations to bring our code in compliance with the state and at that time grading permits became limited to have a clear end date they have to submit a final grading plan that represents the final State and with the current use of the site ever changing and ongoing it no longer made sense to continue that grading permit process and so planning staff worked with the applicant and the public works to see how we could allow them to continue using the site uh in relation to their business and determine that the site best fits under Mining and soil processing which is already an EST ablished use via an interim use permit in the urban Reserve District so this is the official site plan they are planning to extend the area that will have stock piles to the east um the idea and their narrative behind this is to ideally have less height to those stock piles as they'll have more space rather than consolidating them into a smaller area uh so the red box shows the area that is really subject to this appli location and then the green line uh represents the vegetated BM they're planning there is a vegetated BM there today it ranges from 15 to 20 feet um they will be adding it to make sure that it completely encompasses where the stock piles will be located uh with the average feed being at least 15 feet next slide so again the stock piles will continue to be located in the southwest corner of the site um and and the narrative notes that the expansion will minimize the height of the stock piles throughout the year the applicant proposes a 25t setback for the stock piles from all property lines and proposes a height limit of 40 feet for the stock piles there will be a 15 tall 15 foot tall vegetated berm around the perimeter of the stock piles this will serve as uh some screening to minimize the impact but it's also a best practice for the Swip that they need need to have for the site uh some equipment is expected to remain on site no lighting is proposed no permanent parking facilities are proposed or required no additional Landscaping is proposed or required uh the applicant has their own street sweeping sweeping attachments they Ed to keep debris off of County Road 50 and their narrative commits to continue this practice as needed and anytime the city says that they need to do so uh so staff believes that iup standards can be met with conditions of approval next slide and so there are various conditions of approval and I'll try to go over them quickly uh basically the applicant is is expected to adhere to the commitments made in their narrative such as the street sweeping the applicant is limited to the intensity of use as portrayed in the narrative and the communications received by staff expansions of the stockpile area uh or additional increases in intensity or new soil processing related activities that weren't captured by the narratives must go through an iup amendment of process uh currently the staff's proposing a condition of approval to abide by the 25 setback as 25 foot setback as proposed by the applicant and um the with engineering's recommendation as well in regards to the height staff's proposing a condition that cannot exceed 40t or an elevation that is no more than 40t higher than the elevation of the lowest existing ground Corner which ever is less so this does limit it a bit more so that basically we don't have um some piles towering over others because of the existing ground elevation the exact elevation would be something engineering would identify as part of working through what they are considering the final grading plan for this project which will represent the highest intensity use expected for the site um commercial vehicles related to managing stock piles are permitted on the site but cannot remain unattended or overnight exterior storage of equipment necessary to maintain the stock piles and comply with their Swip is allowed as long as they're screened from the right of away adjacent properties uh exterior storage of nons soil materials related to their business is not permitted on the site however agricultural equipment and materials um unrelated to the stock piles but to maintain the rest of the site are allowed um the applicant must upgrade the Hall Road with gravel the swis seem to have a suggestion that maybe it should be upgraded and planning and Engineering staff would like to see it upgraded the drive aisle to access the stockpile areas must be no closer than 10 ft to all property lines it looks like their plan does meet that uh it's just there is no um the scale was a bit difficult and I just need that confirmed through a revised site plan showing that setback the applicant must remain in compliance with the performative requirements of the Swip and the Swip may be amended from time to time that is the nature of a Swip um the amendment of a Swip does not mean the iup has to be amended unless again we're talking about some kind of expansion but as far as best management practices it's expected that those evolve to meet the ultimate goal of the Swip uh the applicant must adhere to the city's construction hours currently those are 7:00 a.m. to 7:00 p.m. Monday through Friday and 8 to 4 on weekends and holidays additionally an address sign will be required to be installed at the entrance of the property this was identified as a public safety measure uh and staff will work with the applicant to assign a property address upon approval uh the the nature of an interim use permit is there is a sunset CLA it is a temporary use even if it's a long-term temporary use currently staff's proposing the sunset Clause uh read that the permit terminates if the business Theses if property ownership changes if the business ownership changes if a notice of termination for the Swip is submitted to the Minnesota Pollution Control agency um or if there's a failure to meet any other regulations local state or federal for the Planning Commission the site is difficult since there's no permanent facilities because the typical um review that I would do it it based on a structure so um the applicant offered standards such as setbacks and Heights that seem to make sense and are are what is being followed on the site today are pretty close to um however the iup those could be discussed by the Planning Commission if so chosen so for example are you comfortable with the 25 foot setback or do you want the stock piles to be subject to the same setbacks as principal structures specifically that would specifically impact the South border of the stockpile area where a 30 foot setc would be applied um should stock BS be subject to the structure height limit of 35 fet is another question for you keeping in mind that our definition of height does allow for a gable roof to be measured at the midline and so it is possible very possible for it to be technically a 40ft peak on a house but the structure itself be considered 35 ft Fe um and we're measuring to the peak of the slope in this case so again staff's comfortable with 40 ft but this 35 ft more in line with the Planning Commission and city council goals um is additional Landscaping desired um this is a question uh brought by staff we want to make sure we call it we we do sometimes require additional landscaping for large buildings um however it is unclear what screening will really be provided for 40ft stockpile um and it may not really be doable originally in my staff report I was pointing to a Northwest area of the stockpile where there's a gap in tree coverage but it's a wetland area so I would ask that you um ignore that part of the staff report um and then looking at the Google Earth uh image here it's a little hard to see but there really is existing vegetation along that and this is facing south I should clarify but there really is existing vegetation along the west side the really the only area that there's not is along that South Side so if Landscaping is desired maybe that South border um would be the most practical place to locate it and then I just want to point out that that does trigger an additional agreement requirement and security uh of the applicant so it's something to keep in mind and then finally should the sunset Clause include a trigger for when the property is within the current phase of staging for municipal Serv Services um so B basically again they're in stage four and they could be in stage four for the next 20 years or so um and but once they are identified as the current phase once we've updated in thir next um does that itself trigger uh the expiration or do we want to wait for the applicant to decide they're ready to redevelop or sell their property for it to trigger that Sunset um staff's recommending the latter but you could certainly have U make make a change to that so at this time staff recommends opening the public hearing to take any testimony staff recommends approval of the draft resolution so that includes all of the staff proposed conditions and the staff proposed Sunset Clause it doesn't include anything we just discussed on that last slide if we want to make changes uh you certainly can recommend amendments or the other option is to recommend denial of the draft resolution um so you have three options tonight that's what I have for you great thank you Natalie so with that I'm going to open the uh public hearing and inperson comments will be heard first followed by uh comments from the uh attendees uh via Zoom um any comments okay and please state your name and address please uh yeah my name is John Dugan I live at 20415 County Road 50 uh my wife Kate and I and our kids our four kids have lived in corp since 2014 uh our property would be uh on the north side of this uh so our South Side uh is of our property is what BS up to the uh order here um throughout our history while they when they've had a permit in the past there's been trucks at all hours coming through um one thing I didn't anything that had to do with like the noise that comes when they lift the the trucks and they make their dumps and the tailgates smash really loud that happens all day every day while they're dumping um the debris on the road on County Road 50 has just been bad at times particularly in the spring when it's muddy all that mud gets tracked out on a 50 um it's it's outright dangerous at times even if the streets are kept swept I don't know if they're going to be doing it after every truck comes in and out of that that piece of property um 40 foot for the stock piles is unsightly um I don't think that's that's not as much of a concern of ours the unsightliness as it is just the general racket um over the years it's it's just been a lot um we've had to express issues with the city before about going beyond the 7 a.m. to 7.m or time constraint the number of trucks that have been in there um concerns about things like the water table what studies have been done to make sure that the water can adequately drain coming down from the top to the bottom it runs into a prick there's a wetland on the southide of our property uh there's a number of concerns that we have with this so just wanted to be here to express those in person uh and be a voice of opposition thank you okay thank you does anyone else have have any comments any yeah members of the public online if you'd like to participate in the public hearing for the sun Ram interim use permit please raise your hand Now using the reactions menu or Star n no one is raising their hand thank you I'll make a motion to close the public hearing could I get a second I'll second all in favor say I I allose and that's going to close the public hearing who would like to start discuss I can start um no I I appreciate what you said because you know otherwise well they've done this 15 years seems no big deal I was kind of curious if if uh because some of the you know parts of these property maybe these lots are really is it possible we could end up getting developments of houses on these what what what type of uses or zones are these sure here let me pull up the zoning map so we can get a bit of an idea here for you actually I need you to pull up the zoning [Music] map um the a little bit to the east you have the industrial piece that we reviewed corkin Farms on last year um and then we have some existing residential larger residential to the South um I believe most of it is in the oh thank you the um most of the surrounding property to the West is all an urban reserve and I believe it's all stage four so it's unlikely that a large residential development is really going to be coming in um this area in the foreseeable future until we have uh sewer and water really up and running um the there are two um residential districts I believe those properties are owned by the same entity or the one of the sun Rams um so I I'm not too concerned with those developing uh prior to really this property developing um and I think if they if they did develop those properties I doubt they're still going to be using this property I think it's really yeah this is this is their home base as well as um oh this doesn't work on that thing but and then you guys are in the property first one it's right next to them is that yeah yeah yeah so we are right here our neighbor is is right there okay I see uh okay yeah I was wondering about that and then I I had a just a curious question on the commercial vehicles so there's so there's agricultural we mentioned kind of agricultural and commercial vehicles agricultural for any farming they're doing they can be on the property but a commercial vehicle like a dump truck can't stay on the property correct it wouldn't be able to be parked it wouldn't be able to I'm just curious why is that a rule what because you really aren't supposed to have commercial vehicles on a residential property we're we're approving with this we would be approving of commercial like use uh but they aren't proposing any permanent parking and I don't think the neighbors want to see those par yeah it's just so that yeah so that was just basically clarifying that they are allowed to do their function and then they need to leave yeah yeah but they use skids I think one skids which are also somewhat agricultural yeah and and so the uh equipment that's necessary to maintain the stock piles as long as it's being screened um staff's l concerned about that but the dump trucks yeah particular they need to leave the property when not in use okay okay um you know and I thought in in here there was some kind of a there was some kind of as because kind of what he was mentioning the mud that comes out was there some mention of some kind of capture system that that's going to get installed yes so the Swip does include as a bu management practice a construction an exit that's supposed to help with cleaning off that debris so really this process of doing the iup is uh staff believes it better formalizes some of these things that weren't really being properly addressed with the grading permit um and allow for a bit more control over um being able to make sure that these promises are being met so that is one of the the performative promises of the Swip is that uh that really be minimized and what doesn't get minimized they are expected to clean um and if there are complaints about that that can be directed to our Public Works team and we can work with the applicant to get that addressed immediately it sounds like maybe you all have been doing so far but this could be well it be better than what it is at least but might not fix that yeah and then I know the other point here was was around the setbacks I don't know if others have opinions on that but you kind of had in here two two options I guess that one could be for principal structures one was for accessories and but they they were okay with the 25 foot side setback that was what they offered was a 25 foot setback um and taking a second look at the accessory structures I mean that would be holding them to less of the 25 ft so really I think the question is do we want to hold it to a 30 foot they're already 100t off of yeah that's not the problem it's really just that corner um that southwest corner where it abuts those uh other properties okay yeah think that's better MH okay that's all I follow Mr D's comments I mean obviously with the proximity of his property the operations he gets a brunt of challenges that come along with the operations has there historically been other complaints and the city dealt with other issues from the operations that occurred on this site today or can you help us understand how bad has that been has that been other issues that raised and the challenge to deal with so my understanding is the complaints when there have been complaints have gone to public work so I don't have great data on that um working with the construction services specialist on this report um he definitely acknowledges that there have been complaints but they have tapered off in the last couple years I do receive directly any construction hour noise related complaints and I haven't seen anything since we adopted the 7 P.M um they are likely um speaking of when we had oper construction hours that went to like 10: at night and we we've revised that and I just haven't gotten any of those complaints directly not to say they haven't been submitted I just haven't seen them um but again under the grading permit there really wasn't a way to say this is construction you have to go by these hours but with the iup we can stipulate those hours and and that would be um and if they if they do uh violate that they're violating terms of their IEP which can cause for revocation that be my next question by establish of actually put addition these requirements historically that hasn't been the case is there a way to write other things into the iup to make it stronger is there any other thoughts or ideas because of you know the noise issues or the construction hour issues or if there's a lot of tracking materials on the roadway is there things we can do to make that stronger put more teeth in the I think there are a lot of teeth in the iup I'm trying I have told them with the conditions they need to abide by their prom is they can't expand further than what they've shown um and then we're stipulating hours for the first time where we really didn't it was kind of a gray area because they weren't constructing anything it was adjacent but it arguably not subject to the construction hours they are subject to the noise hours but those are till 10 o'clock at night so I think this will allow for some more of that um as far as tracking on the road again that's a promise that they've made that's a part of their Swip there's likely to be some debris at times but they would need to sweep and the city would have a way to monitor that if it's an ongoing issue then we can bring them back in front of the council to discuss further and with the Swift not only does City have the but PCA also has the ability exactly yes they don't necessarily have to do that it's not as stringent today as it will be process correct all right I feel like I can see both the um and understand the homeowner comments but as as well as a business wanting to continue to operate as a business and so I feel like uh like commissioner Horton said that it really does um formalize an agreement and so I think we need to give it a shot in terms of allowing the bus to to operate under the new standards my question um is about the address sign are we talking like construction entrance address like are we requiring like what kind of standards are we requiring here so we would assign an address and that's something that I typically don't handle that's our Construction Services specialist and he wanted to see a sign his concern is that if someone were to uh some accident were to occur and uh they're like oh they're at the sunram property while that means something thing to us if it's something that's really not in Quirk a lot there really should be an address that we can make sure Services get to that area knowing that we're approving this use there so and then uh my additional comments were just on the Landscaping requirements and I feel like uh especially when you showed the Google Earth image the vegetative BM um and the existing vegetation at least from the what would be I believe the West right um and then because it's still an agricultural use I don't feel like really makes a lot of sense to require additional Landscaping on any of the other sides um the height I am okay with the uh peak of the slope being 40 feet so um I think if if there were to be issues right you talked about if there's any expansion so if there's a use beyond that um and then it gets pointed out uh because there's you know uh either the city notifies uh or notices it or uh res notice it then they would have to that would have to deal with the city but then also ask for either an iup amendment or bring things back into modification so I feel like that's okay um and then the last question was about the setbacks and I understand that the corner or the con the corner of concern is the southwest corner but that's also where it's already been operating for 15 years and so because that's the case I don't necessarily see a reason to pull pull away from that corner um um just to meet the setback um so that's kind of my thoughts about that um otherwise I would um be okay making recommendation Natalie can you explain why the Perpetual grading permit change to include a Sunset date is that something that the city did or so uh the grading permit um my understanding is that it may have always supposed to kind of had some kind of an end to it but it was less clear um it wasn't something really required until the city um was required to update our ordinance to be in compliance with state standards for land disturbance um and so now that that is all clean the grading permit does need to have a final stage that you can sign off be done with and then the grading permit's done and with an ongoing nature where it it's going to be be 40 feet one week and next week it's going to be 20 feet and then we're going to be right back here next year that process does not make sense thank so for the setback issue I think that the 25 ft from uh all other lines adequate for height though my only concern with the engineering memo we can allow for 40t but we can allow for6 ft I think it's it I think that it'll be somewhat difficult to to comply with and I think it'll be difficult for the city should it ever need to to ensure compliance so I for that reason I just think that flat height of 35t should be adopted just given its consistency with the the code for structures and I think it's fair be easier practice um as for the condition that the city can revoke the I uh quote if the city deems the property to be within the current phase of staging Municipal Services my reaction is that this should be included to give the city flexibility here uh especially since it's just confirming the comp plan so um you know I guess I'm I'm in favor of recomending that city council approve this application with the condition that the height of the piles cannot exceed 35t that there is a 25t setback from all property lines and that the city May terminate the iup the within the current phase of staging for municipal Services Jer may say I would disagree with the final amendment of yours I feel like the city that as it's written um the pro the resolution is written without this being a termination to the sunset Clause just because the M line goes into Stage for I feel like we don't do that to other uh properties we don't do that to other agriculturals where we say because now you're in the current phase of M we're going to end your business or end the I suppose end the interim use permit it's not ending your business but um so I would say I would agree in every other instance save that and if you want to make a a motion then that is totally fine I just wanted to have some discussion around that perhaps hear uh Which Way others are leaning before we me a vote are there any any comments on commissioner comments I think I was missing what you were suggesting so yeah I mean that does seem a little um because we we could iups have I there terminating it right so it would just because it's in this phase if nothing's happening for another two three years then then their I would be terminated well it say n to a well I don't know that it would have to be a will because I think that that would be at the discretion of counil think the discretion would be determined if it's in the current phase I think that would be the discretion but once they determine it's in the current phase typically some Clauses are if this happens the iup expires so I may I you just have to have Clarity instead of like a possibility that it could happen it would be it would need to be definitive I would assume as well know the word instead of sh I I mean the flexibility I understand what you're saying the flexibility of the word may but say I don't know that the city could do that that they would have to make a definitive decision because otherwise it would just be at the it would be it would seem to me to be a little like leave too much wiggle room for the city to make a decision about what they want to do at at the time that it comes into the current phase rather than rather than making the decision today when the iup is granted okay so how would you how would you am let's say if you're okay with everything else i' said how would you that final I would just leave it as because the resolution right now doesn't say anything regarding that uh Musa stage 4 and the sunset Clause it was just that if we wanted to you know talk about it and discuss so right now I would just make you know uh I would move forward with the resolution and the first two things that you indicated regarding um you know the height and the set back back would be okay with and then I would just not say anything regarding the sunset CLA terminating the iup if it's in USA Mr chair if I could clarify uh just to be clear that I I believe unless there's a typo the current resolution should say 25 foots set back already so so really the only amendment would be a flat height of 35 feet removing the elevation complexity and the reason for removing it is simply just the complexity of of determining if it's in compliance right yeah okay well I think I'm Al well then in that case I will uh make a motion to recommend that the city council approve this application with the condition that the height of piles cannot exceed 35 ft believe wording already requires 25 foot setback so uh I think that that's going to be the end of my motion I will second that sir all in favor say I I I do not have any additional business for the commission tonight uh planning project update yep so um if there's any questions for me I'm happy to discuss other otherwise that's just a informational report question city council report thank you for joining us tonight yeah thank you it's always good to see you thank you for having me and same back um it's great um the water tower is progressing very very nicely the water treatment is crazy good um I'm excited about that happening it can't happen soon enough obviously because of some of the things that are going on um well we have puppies to keep drinking need water yes yes we do and and again the no bark policies that some of these places have dogs are going to bark um I've been visiting the neighbors and stuff and while I'm there I can hear the dogs Park so it it it'll be more more conversation about it dogs bark and that's what happens happens so um otherwise everything else that's happening um don't know how deep you want me to go I hope you all question I was curious about the the public here of the Cannabis I didn't watch the how came out of that two of us kind of said no um myself in bota if I remember right we weren't in favor of it because it's still a federal law that you can't do it the state is telling us we've got to do stuff so it was all of those things where was the public at in all of it or was there there wasn't any public okay it just it was it was it was an interesting deal I think we finally ended up with a moratorium [Music] saying well I believe the moratorium so it's on the 2023 the 2023 and then my understanding is the 2022 regulations uh pretty much adopted your recommendation except for three licenses they went down to two overall yeah thank you for thank you and again there there's just so many things that are going on and stuff while some of those things can help help people some of those things can be abused and go I think it's something that it's early in the process it's a lot of expectations of the state to put that on each and every city and it in my mind speaking personally Stones Throw in a 10 milei radius we could have seven different ordinances related to the Cannabis stuff so it it'd be a lot nicer if I I'll speak like another one of our council members it'd be a lot nicer if the state would come up with recommendations and those kind of things that were more robust across the entire State instead of individual municipalities so um don't know how you guys feel on on that none of my business but again it does help some folks and like we could talk all night about it but you guys did a good good job um anything else happened I hope you all came and enjoyed cork country days um I had there I didn't see you I had a blast I was there um the the music at night was unbelievable it was a great night on Saturday night I was there um but I spent the whole day at the Lions Park and just enjoyed every bit of it um there was some complaints on noise and stuff but everything was in place to protect it and I hope it just keeps continuing year after year for many many years it's a good deal um I I do as well and again thank you for uh for joining us um if I could I just before we up I'd like to confirm our commissioner or excuse me our city council leaon schedu I am scheduled as the council Theon for next Thursday 14 commissioner vand September 28 does that still work commissioner Brum October 12 does that still work for you commissioner 26 of October I actually so you have a conflict for 1026 and you you could do I'm sorry November 9th or uh I I do we have to talk uh right now no no no no during the meeting or we can discuss afterwards okay yeah just let just let Natalie know get no else all right uh with that I'll make a motion well done you guys