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Lakeville Planning Commission Meeting 8-6-26

Lakeville City CouncilFriday, August 7, 2026
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[music] Good evening. I'm going to call to order the August 6th, 2026 planning commission meeting and ask you to uh stand for the pledge of >> allegiance. >> [clears throat] >> Thank you so much. Miss Erikson, will you take the role, please? >> Here. >> Travis >> here. >> Zimmer >> here. Mike >> here. >> Here. >> Here. >> Thank you so much. Next item on the agenda is the approval of the July 2020, excuse me, July 23 minutes. If no one has changes, then we will let them stand. Very good. Uh, next item is announcements. Do we have any announcements from uh the big table, Miss Jensen? >> Thank you, Chair Zimmer. Uh, yes. Just one handout for you. You do have in front of you the motions from the parks, recreation, and natural resources committee meeting uh from last night, August 5th, 2026. And that concludes my announcements. Uh next item on the agenda is public hearings. So, we're moving right along. Nothing like getting into it one minute after we start. Um the first uh public hearing is a public hearing to consider the application of Chuck Ryan on behalf of the Kenwood Hills Homeowners Association for a preliminary and final plat development stage plan and easement vacation to allow the addition of one detached town home lot within the existing Kenwood Hills subdivision to be known as Kenwood Hills fourth edition. We'd like to have Mr. Ryan come up first and uh introduce the project. Then we'll hear from uh staff and then it'll be open for public hearing. >> Thank you so much. [clears throat] Welcome. If you can give us your name and address, that'd be great. Uh, Madam Chair, Planning Commission. Um, my name is Chuck Ryan. I reside at 18102 Jerrell Circle Lake. I'm actually a resident of Kenwood Hills and I represent the the homeowners. We have currently 60 villa Rambler style villas in Kenwood Hills. And uh, a few years ago, the gas company uh, vacated a gas line that went through our common area within our development. and they also granted a a vacation of their easement. So, we have some land available to build another villa on. So, what we are proposing is to take that uh land, which probably could do two villas, but we're just going to do one um and and build a 61st villa in our community. That simple. >> Excellent. Thank you so much. We'll have staff and then if we have questions um we'll call you back up. Welcome, Miss Jensen. Thank you, Chair Zimmer. Uh, as we've said, this is a public hearing for the Kenwood Hills fourth edition preliminary final plat development stage plan and an easement vacation. Uh, just to give you a sense of where this is, it is west of Kenwood Trail, south of of Jerel Way. Uh the the the double roundabout is is just down to the to the uh right of the the map there for some reference and it is zoned uh PUB planned unit development. I know it's a little tough to see with this, but the existing conditions are there on the south side in this section. There are three detached town homes on either side and you can faintly see the the boundary of where the pipeline easement was that ran through here. As Mr. Ryan noted that pipeline was abandoned and then the easement was vacated. The pipeline easement was vacated. So that area is um no longer encumbered with that easement. Um so the easement vacation however that that we are having the public hearing for is is not for the pipeline. It is for this common area lot here. there is a blanket drainage and utility easement which is you know pretty standard practice for those easements that we do. So we do need to vacate that easement and then um that would allow the creation of the unit lot and then the remainder of that unit lot would have a new drainage and utility easement placed over the top of that. So it's more of a housekeeping matter. Um this is just the one unit that's filling in there. uh between those two units. It will take a little bit of grading. Uh this area hash back here is is part of the wetland buffer in the city's outlot. So um they will need to be res that area restored uh vegetation and then utilities for the site obviously will come out of Jerel Way in that area. Uh the site at least in the immediate um development area does not include any significant trees. uh the city forester did visit the site and confirmed that. Uh so that is why there is not a tree preservation uh plan or inventory in your packet uh because there were none to inventory at least in that v vicinity in in other areas around but nothing that's being impacted. So pretty straightforward request for this. Uh and then finally I will note this is an application that did come in before the moratorum was put in place. So that is why you are able to see it tonight. We're getting down to just the last couple to get through the process. So um but staff does recommend approval uh of this these applications subject to the five stipulations that are listed in the planning report and I will stand for any questions you may have. Thank you so much. Uh this is a public hearing. If someone would like to speak, please sign up at the back of the room or come forward when uh the time is called. Um but uh I call for anybody interested in speaking on this. >> Madam Chair, see no come forward. I'd move to close the public hearing. >> Second. >> We have a motion and a second. All those in favor of closing the public hearing, please say I. >> I. >> I. >> Opposed. The public hearing is now closed. Uh we uh now time for questions from planning commissioners of either the developer or staff. I had one question not sure to whom when did we initially do this uh development and uh how long did it take for them to vacate the gas pipeline? Anybody know? It's just a history question. Not really. >> Of course, I didn't work on this development. Um, I think the third edition and perhaps Mr. Ryan 20 five years ago. Yeah, I was going to say like 20 I think 18 is about when it went through the process. Uh the pipeline was vacated in late 2024 I think is when I saw the date on the the easement release document. >> Excellent. >> This is infill housing for our space that we I think it's great. So >> yes, >> I don't have any questions. If >> it's pretty straightforward comments from commissioners then I think we're ready for a motion. Madam Chair, I'd make a motion to recommend to city council to approve the Kenwood Hills fourth edition uh preliminary and final plat development stage PUD and easement of easement vacation subject to the five stipulations in the planning report dated July 29th of 2026. >> Second. >> We have a motion and a second. All those or excuse me, Mr. Eric, you take Hi >> Duckworth. >> Hi >> Zimmer. >> Hi >> Mike. >> Hi >> Mike. >> Hi >> Benson. >> Hi >> Shanki. >> Hi. >> The eyes have it. Congratulations. Love the idea of the infill housing. Thank you for your continued investment. Next item on the agenda is a hearing for Sher Zimmer. If I could interrupt um assistant our city engineer is running late. He had a a family thing he needed to take care of. So, uh if we could request, we would like to move the third public hearing item up for which we are not likely to need his input and then uh that'll give him a little extra time. We know we have some residents here for the uh high view plat that have some questions that he would need to be able to respond to. So, >> okay. I have no problems with shifting the agenda. So we will go to uh the quick trip public hearing to consider the application of quickrip for a conditional use permit to allow motor vehicle fuel sales with convenience grocery and or prepared food in the I1 light industrial district. It's Mr. Dean George in the room. Lovely. All right. We'll have you come forward just as Mr. Ryan did and give your name and address please for the record. >> So the name is Dean George 1626 Oak Street Lacrosse, Wisconsin. So, this should be a straightforward, simple, single lot development for us. We're working in conjunction with the developer on the rest of kind of the the industrial yard down there on uh Con County Road 70 in Jakard. It's kind of fun for me to come to these South Metro communities and put up new stores. I think our two we have in the city were built late 90s vintage 9698. They're 3500 square feet. So, our new builds look it's a much different shopping experience. They look more m on the inside. They're about 9,200 square feet. So, it's uh it's it's our Gen 3 store model, 9200 f feet roughly. Um we're proposing one single canopy for gas and one canopy for diesel fuel. We think there's a need for diesel fuel in the industrial yard. Um so, we were, you know, contacted Glenn know and they said, "We think you guys should take a look at this parcel." So, we did. Um and that's why we're here today so I can be standing for any questions at the end. Thanks for having me in the community again. >> Thank you so much. >> Miss Jensen is back at the podium for us. Excellent. Good evening once again. Uh as M as Mr. George said, this is a conditional use permit for Quick Trip. Uh the proposed location is south of 215th Street uh which is CASA 70 east of Jakquard Avenue. This is in the industrial uh zoned area. Um, on Monday, the city council did approve ordinance amendments, uh, which, uh, you guys reviewed at a previous planning commission meeting. One of those amendments included adding motor vehicle fuel sales as a conditional use within the I1 district. It was not previously uh, allowed within the industrial district. So, this is being brought forward um, as a response to to that amendment. As I said, the property is zoned I1 lane industrial. Uh we do have the site plan here just for reference. Uh north is to your left. Um so this is as he said almost 9200 square foot uh building here in the center of the site. It is just over 4 acres which is in compliance with the ordinance requirement. Um we did set a a 4 acre minimum lot size for uh this use within the industrial in commercial areas. It's only one and a quarter acres. So significantly larger site required. Uh the site has 42 parking spaces. They are required to provide 41. So they are meeting that requirement. As he noted there are separate fueling areas uh for the gas and then the diesel area over here. Uh there is a designated loading area this gray hatched uh for the building. Um there is a side there. So, there's an existing trail or trail that will be here and then a sidewalk will also be added here for access. Um, one thing that the site plan does need to be amended to show is uh any desired outdoor display or sales area. They are allowed up to 200 square feet of that uh directly adjacent to the building. They would just need to show those areas that they would like available for that. Um, and so we've just have a stipulation that that's the site plan be revised prior to consideration by the city council. Uh, here's a plan just showing the truck turning movements in and out of the site. Uh, trucks are able to come in, go through the the diesel pump and make it around. They can come in and load to the loading area or enter and and cover the fuel tanks for refueling. Um, upgrading and utilities. I know these are kind of tough to read. Uh there is a storm water pond on site uh that will be maintained by Quicktrip. They will as part of their council approval need to enter into a storm water maintenance agreement for that pond area. Uh as well as a site improvement performance agreement for the development of the site. Uh, one thing I did want to note on the site plan here is um, you've got parking on the west side of the building and on the south and there is not a connection here. So, um, you know, passenger vehicles, customers who are visiting are not not able to accidentally find themselves in the path of the larger trucks that would be visiting the site for fueling. They somewhat keeping them separated. So, uh, landscaping, uh, they do have over story trees around the site with additional landscaping in these areas to buffer uh potential headlights from those parking spaces. The city forester did review uh and give uh his approval of the landscape plan based on the variety of species that are being proposed for the site etc. um building elevations. Um looks pretty familiar. At least 90% of each elevation is in one of two colors of brick. Um and then there is a little bit of ephus uh under the peak areas. Uh no more than 10% on those couple elevations. So it is certainly in compliance with our ordinance requirements. Uh and then the gas canopies, uh they meet the the minimum clearance requirements and the maximum height uh allowances for those. Um any signage on the canopies or on the buildings obviously will require sign permits uh prior to installation. Uh, so staff does recommend approval of the conditional use permit subject to the 11 stipulations listed in the planning report and adoption of the findings of fact dated August 6th, 2026. And I'll stand for any questions you may have. Thank you so much for your presentation. This is a public hearing and again if there's someone who would like to speak, they could come on forward at this time. If uh no one's coming forward, I'd be ready to entertain a motion. >> Madam chair, seeing no one coming forward to speak, uh I'd move to close the public hearing. >> Second. >> We have a motion and a second. All those in favor of closing the public hearing, please say I. >> I. I. >> Oh, sorry. Anyone opposed? >> Here we go. Uh the public hearing is now closed. Any comments from planning commission members? >> Uh Madam Chair, >> Commissioner Travis. >> Um just a just a clarification. Um and and I I think this is probably intended for city staff, but there was reference to a raised walkway. Is that simply the the sidewalk on Jakard just another word for it or is it is it some kind of actual ra >> there? Okay. Yeah. So, in my report, I did uh reference there is a So, here's Jakard. Here's the sidewalk that's being installed. There is also a walkway here. So, it's in that separated area between the two. Um there is a a painted crosswalk in this area um for, you know, customers that are here that need to get access to the building. But then this access point here is, for lack of a better term, raised because it is between those two curved areas. So, Thank you. >> Yep. >> Questions from other commissioners? >> Chair, >> Commissioner Swanson. >> Probably some questions for the applicant. Come on up. [snorts] >> Hopefully simple ones. >> Perfect. >> Um first one noticed on the uh well, why don't we start here? I've got the drawing up. Um first one um has to do with trucks as they access the site and that type of thing. Um, obviously one of the draws for coming to one of your facilities is I'll say quick service food, ability to get groceries, get lunch, that type of thing. So, if you're a truck driver, is there a place on this site to park your truck for a short bit of time since knowing uh I don't want to say it, hugging a fuel island is not a uh socially acceptable thing in the trucking industry. >> So, there are there's actually two uh there's there's if you pull out of the diesel canopy, so it would be what? West on the page, down on the page. Yep. >> You can make that turn around. There's probably two hash parking spaces between that landscape island and the store for people to park there and go in and grab a bite to eat or pay or whatever they have to do. >> And then there's also a pull aheadline on the other side of that landscape offer so you can pull ahead um if there's someone in front of you. So you can probably conveniently stack, you know, two rigs there without hogging the g diesel island. >> Mr. George, could you point that out? Can you >> I don't know if you can see. >> I can actually. Sorry. So >> then everyone in the audience can see. So, so your diesel truck can come in, fill here, pull forward and around, and there's Oh my gosh, what did I just do? >> I got it. >> Here comes an assist. >> I got it. [laughter] >> Turning one. >> Just roll. >> Yeah, this might illustrate a little better. So, there's you can kind of see these two spaces here that you are designated for parking. And then there's a a pull through aisle. And then there's also a line here that says if you want to pull your rig all the way up, you're not going to block the fuel line out. You can stick it here, too. So, I guess there's technically two places to to get out. >> Perfect. It just wasn't readily apparent to me. >> Good question. >> Glance at the uh the site schematic and it seems like it would make sense for what what's happening here. Um second question for you here. Um noticed on the uh elevations for the building looks like metal roof. >> Uh standing seat metal. Yeah. Is that new for Quick Trip or? >> Uh, no. That is our standard build design. Um, it does vary when we go community by community. Some have a shingled roof, some have a flat roof, but that is our that is our standard preferred design. Probably 85 or 90% of the builds we do. >> Just noticed it was different than our other quick trips here in Lakeville already. >> Okay. Yeah. So, I think the design probably changed somewhere between 2004 and 2006 on that. We went to standing sea metal. >> Excellent. >> Please go ahead, commissioner. After that, I don't have any more questions. More just a commentary, which I can wait on. >> Right. Are there other questions? >> Doesn't appear so. Please continue. >> Right into the commentary piece here. Um, I think this is a good addition. I'm pleased with the ordinance amendment that city council has approved in this case to allow this type of facility in the industrial areas. Um, having been an employee once upon a time in my my career in my life, uh, working out in this particular area, this has always been an area that I kind of consider a food desert in terms of quick food, um, a gas station and and those types of things. So, getting this type of facility seems perfectly reasonable and appropriate uh, in an industrial park as well as providing diesel facilities for uh, trucks that come in and out of the area. So, uh, with all those things said, uh, I'm I'm going to be voting in, uh, favor of this project because I think it's excellent idea and put your represents themselves well in this community. >> Thank you. >> Thank you, Mr. George. You can have a seat. >> My pleasure. >> Um, as there weren't any other comments from commissioners, I would only make the comment that I made my first stop ever at a BIES and so they can have their BIES and we'll have our quick trips. So, I think that's that's work out just fine. Um, I think uh if there's no other questions or comments, we're ready for a motion. >> Madam Chair, >> Commissioner Swanson >> move to recommend to city council approval of the conditional use permit to allow motor vehicle fuel sales with convenience grocery and/or prepared food in the I1 light industrial district subject to the 11 stipulations in the planning report dated July 24th, 2026 and the findings effect. >> Second. >> We have a motion and a second. Ericson, will you take the role, please? >> Duckworth, >> I Zimmer, >> I >> Travis, >> I >> appear to be seven eyes. All unanimous. The motion prevails. Good luck to you, Mr. George. And I don't think I said this for the previous one, but the uh city council will likely consider this issue on August 17th at their meetings. Thank you so much. Appreciate your investment here in Lakeville. Okay. Um we'll go back to item B, the High View Preliminary Plat. Uh this is a public hearing to consider the application of for a preliminary plat of a 34 lot, four outlot single family subdivision to be known as High View. And is Mr. uh David Turnberg here to present the project? Oh, excellent. Okay, please come forward, identify yourself for the record as other applicants. >> Good evening. Uh my name is David Turnberg. I am with LAR from Plymouth, Minnesota. Uh we are pleased to submit this request for uh preliminary plat for High View, our new project. The site is approximately 20 acres situated just north of Heritage Drive between Holy Oak and High View just east of All Saints. [clears throat] The proposed community will consist of 34 single family twostory threecar garage homes on 55 ft width lot. The price range will be from around 450,000 to 570,000 and home sizes will range from 1860 to 2460 square feet. Lar has, as you know, a proven track record here in um Lakeville. We currently have our Voyager Farms community, and we have several communities throughout the city uh including similar communities under development in Farmington, Rosemont, and Egan. We look forward to this opportunity to work with Lakeville once again, and thank you for your support. And I'll stand for any questions at the end. >> Thank you, Mr. Turnberry. Next up, >> good evening, >> Miss Botton. I always think I have someone with almost similar last name to her and I always say your name wrong. >> You did right. You did good. >> Thank you. >> Good evening, chair and commission members. As the developer mentioned, this property is for a site that is east of Holio, west of High View, and it's north of Heritage Drive. Um there's three parcels currently. So one very large one and then two small parcels within the development area for a total of 20.14 acres of gross development area. The property was reszoned and had a comp plan amendment that was approved by the city back in February of this year. So the property is zoned the RST2 single family single and two family residential development and it is guided for the low to medium density residential. That low to medium density residential allows for uh 3 to 5 units an acre. So when you look at the proposed net developable developable we're looking at 9.19 acres. So with the 34 lots in the preliminary plat that would equal to be 3.7 units an acre which is consistent with the zoning and the comp plan designations of the parcel. The preliminary plat as mentioned is 34 single family lots and then there would be four outlots. Two of those outlots would be deed to the city with the final plat and two of them would be maintained or retained by the um the property owner which I believe they're going to turn over into an HOA. The access for the property would be from Holy Oak and Heritage Drive, a through street that will be constructed. And then they'll also be stubbing a new short street here that in the future will be connected what it's anticipated to be connected with Holing for way to the north when the lots develop. So they would also include that little stub street. the um there's two storm water management basins on the property that they would have some regrading of the those existing basins um in addition to the through street as I mentioned there would also be a sidewalk a five-ft sidewalk right now it's proposed on the north side and east side of the road um if they wanted to change that to the south side they could but as proposed it's on the north side of the road and east side the um let's see Holy Oak is a major collector street and it is in the city of CIP for reconstruction and then Heritage Drive to the south is a minor collector road. So both of those roads currently are designed to hold the capacity for this development. The reconstruction of Holio will just improve that capacity for the development. Um a wetland delineation was done on the property. It identified two wetlands within the project boundary and there's no wetland impact proposed for the wetlands on the site. The developer submitted a tree inventory for our tree preservation requirements. They determined that there were 1,833 diameter inches of significant trees on the property. The trees that are planned to be removed are in red, which are kind of hard to see on this plan, but it's mainly down here along Heritage and then up in the northeast corner of the basin and then some over on this side in like the northwest part of the property. Uh they are proposing to remove 295 in which is about 16% of the existing trees. So this is well below the 40% threshold that they're allowed to have with the residential development. So no tree preservation is required for the subdivision. You can look at the landscape plan and they are proposing to have the two trees per lot which is required per code. Lot one block one is um considered a one of the buffer buffer yards that trees are required because it's along Holy Oak. So they are proposing the two row of trees along Holio and then the side the east side along High View they are proposing a row of coniferous trees just to provide that additional screening and buffering. So staff is recommending approval of the request with the eight stipulations listed in your planning report. Uh we did hear we did receive comment from two neighbors that their emails were provided in your packet. Um and then I will stand for any questions. Thank you so much. This is a public hearing and uh we would encourage folks that wanted to speak to come forward at this time. Excellent. Thank you for coming forward. Make sure you speak into the mic. If you have to bend it down, you can. And just give us your name and address. That'd be great. Sorry >> the wetland too. So he was talking about if you want to ask all the questions first and then we'll we'll come up and kind of address all the questions that people might have. >> Okay. Okay. Yep. Um I'm Ann Wood 17025 John Quil Avenue. Um, we have property on the north side of the land development and my main concern is I don't know if you guys can see this if I what I have to do. >> Is it okay? I think they're okay. Now you can slide it over. Y >> Okay. >> And if you just leave it sit there then they'll get it focused. There you go. >> Okay. So this back here is the back end of our property and how sorry the waterway in the back that came down from the northway it trickles through here and went over to the big holding pond. >> And so I talked to Zach and I've shown him pictures, the city engineer of how back here they built a burm. There's a burn there from the construction that they had did. So all the water is backing up into our property. And I think in part of that plan that is set up, he said that the wetland too is supposed to is part of it that they have to fix that the erosion problem. Yeah. So that would be Yep. Okay. Sorry. The wetland too is here and this is where the issue is. But the property that they're showing on their plan, it has wet land going from here along the property line here and it never did that. And we want it fixed that it's not going to run east and west versus how it was supposed to go north and south if that makes sense because it's affecting our property. Okay. Um, so I guess that's our main concern is that that gets fixed as part of their development and back to how it should be and not what they're proposing on here. >> Okay. We will have those questions addressed um by via staff. We won't have the answer. We'll have to rely on staff to answer that question. >> Yeah, because we did have a meeting with >> Miss Botton. >> Yeah. and um Tina and the Zach and the wetland the Mac, but they said it would be fixed, but according to their plat that they have drawn up, it's not fixed the way that it should be. >> Thank you so much. We appreciate your input and we'll try to get that question addressed. >> It's still a public hearing. If someone else would like to speak, feel free to come forward. It would appear we don't have anyone else ready to speak or interested in speaking. So, I entertain a motion. >> Madam Chair, >> Commissioner Travis. >> Um, hearing no further comment. I make a motion to close the public hearing. >> Second. >> We have a motion and a second. All those in favor of closing the public hearing, please say I. I >> opposed public hearing is now closed and um perhaps um I don't think our engineer is here. Um might we have Miss Botton and perhaps Mr. Turnberg when Miss Botton's finished? >> Yes. So I am not an engineer. I'll start out with that. Uh but for my information and my recollection, um our meeting with them back in February, uh Mac, our environmental resources manager, did explain how the LAR property, they're responsible for the work done on their site, not necessarily what's on other people's property. And it wasn't LAR is not the one who did that and made that impact. And so LAR was responsible for having the wetland delineation done on their own site, not for anything else around their property. As far as fixing an issue that I would say she might have to follow up with the city engineer um because I'm I don't I don't know how to answer that part of it. I do know what is proposed. Can I have that back? We are a hands-on planning commission. So, this is good. We're getting some opportunity to see the process at work. So where let's go this way where the wetland two is shown on the map and this channel or waterway through here matches up with the outlot that will be deeded to the city and then through the um open space and out lot that goes through here and then into this area. So, I know that they're not I don't know what kind of grading will be done, but I know that they're trying not to affect that. And anything that is current, nothing will be worse going on to the property to the north. Um, everything that is added by LAR for storm water or hard surface has to be treated on site. They're not allowed to have any water going off onto the northern property. Um, and then looking at this, you can see that that water flow and channel will be within the outlaw areas that will be deeded to the city. Okay. >> So, it doesn't answer her question on fixing a problem on her property that she will have to talk with the city engineer about. >> City engineer will have to deal with it. [clears throat] >> I'm sorry. >> The public hearing is closed, but we'll let you clarify with Miss Botton just for this moment. >> So, there's our property line. So it's on their side that the BM but it's blocking. So is it within this wetland area? >> Yeah. So this here goes along the property the BMS on their side but it's causing our water to back up. >> Okay. So I will see if the developer has any other additional information on it, but I know he's not the engineer on it either. So we'll see what he knows. Um, but my understanding is like we wouldn't be approving a development that would negatively impact or have additional water going to the north. But compared to what's there right now, we'll see if the developer has a response for her. >> Thank you. So, we'll bring Mr. Turnberg up and ask uh for his comments on this. >> Well, I'm definitely not an engineer, but I play one on TV. Um, I do not >> Thank you for speaking up so people can hear. Yeah, I do not I do not have any more information to add to this. This would be something that the engineers would need to discuss. Um this I don't know I we are responsible for everything on our property that we are going to purchase and uh we are uh required to retain water on our own property and not flow onto other properties. That's all I can say about that. I just don't have the answer for you. I would have to refer to professionals in that case. But I would concur that uh what Heather said is uh that that property owner should you know consult their engineers uh to have a a better examination of what is going on on their site as well. >> I'm looking to our water expert that's here on the planning commission to see if Commissioner Swenson can add any. >> Yeah. So, I am an engineer. I don't just play one on TV. Um, I I'm going to state first and foremost, I do not represent the city in terms of what the city's engineering department may or may not decide and how things work, but I do have a strong understanding of the rules and regulations kind of pertaining to this type of situation and what's happening here. So, I think there's a couple of concepts to at least consider and understand here. Um, regardless of who created the situation and when it was created and everything else, the wetland delineation gets done at the time the plat is going to get done. And there are things that meet the requirements to be called wetlands and things that don't meet the requirements to be called wetlands. Um, so regardless of how the wetland was created, it's going to be shown on this plat because it has to be by law essentially by by the requirements of the city and its ordinances. um and to comply with wetland conservation act what we have there today is kind of the basis of all the decisions that get made moving forward so whether that wetland was I'll use some terminology here created incidentally through somebody's actions um or actually existed before whatever those incidental actions were which in this case the discussion seems to be revolving around a burm that was constructed during the construction or the the mass grading that occurred when Burian was creating the site. So that kind of it just reflects what is the current condition out there today. So whether or not that gets gets preserved um that's a question for the wetland experts to kind of analyze and and work through. Um based on what I'm hearing here, um I guess this is where not having a packet is biting me. [laughter] um versus looking at it on the computer and that type of thing. When the plat was put together, hopefully they did a site survey. Um if there actually is a BM that exists in that location in that place, it should be shown on that site survey. And if that's the case, basically what what it sounds like to me at least is we have something that was graded in the field, it's creating an off-site condition. Um, so while we can say the developer themselves are not responsible for fixing or changing a condition on someone else's property, I'm troubled a bit here by the history of this site in terms of the fact it was masqueraded at one point and someone did create a problem. So from that standpoint, to me, this is something that needs to be fixed as we move forward. Um, and I would be reluctant to um, what's the word? use here vote in approval of this development without having an understanding of how this situation is going to be resolved. Kind of where I sit on it. I'm comfortable, at least in my case, if we proceeded if we added a condition that would require this to be resolved prior to city council consideration. And planning staff, if you want to >> Miss Bond, can you weigh in on that? >> Yes. I was just going to offer a suggestion to the homeowners there too that I can court me I will coordinate a meeting tomorrow if they're available with the city engineer for them to talk about and for sure get it figured out prior to have this item going to council >> I know the city engineer is on vacation next week so I will force the meeting tomorrow if they are available >> Miss Biden if if indeed that this was done by the grading for the Brien work they did that and put it onto the neighboring property To me, it's still something that needs to be corrected not by the owner by the land the owner of the development land because that's kind of where the nexus of this came. I think that's kind of what we were saying as well. >> Per perhaps the stipul >> Yes. Thank you. Uh perhaps the stipulation could be included in the findings of fact and make note of the fact that that that we identified this issue and that it needs to be resolved. I think that's what Commissioner Swenson has said. He'd like to add a condition. >> Yes. So, it wouldn't be we don't have a finance effect with this one. It would just be added as a stipulation of approval. >> Great. Yeah. >> Do we have comments from other commissioners on this? >> Madam Chair, >> Commissioner Travis, >> I do have a question for Mr. Turnberg. In looking at one of the exhibits, uh, I noticed that the word slab was on several of the lots, probably more than half of them. Uh, does that mean there are no basements? >> Not on those properties. So, there's going to be a combination of slab and basement properties on this site. >> Okay. Um, then the next question I would have is, do you believe the way these houses are designed that there's enough storage space that it won't cause some off-site parking as people are using their garage for storage? Perhaps the I know there's the driveway as well, but would it would it potentially cause a off streetet parking kind of problem? We haven't encountered that in the past in other developments. Um with the with the size of the driveway and the threecar garage um that brings up ample storage for our slab on grades. >> Thank you. >> Yeah. And if you these are some of the models if you wanted to pull them up you can see an example of what our houses are going to look like. >> I think our audiovisisual assistants behind the screen will >> kick in shortly. >> We hope we can [laughter] do that too. >> We'll just have it passed around. >> Good representation of the the houses that we are proposing for this development similar to what is in uh the other development that we have here. appreciate that input. It's usually my question about storage when we have too small of garages and then everything spills out into sidewalk areas and sides of garage and balconies and so >> Oh, you can never have enough storage. I get it. >> Is a big issue. >> You can't just make it with a lawnmower. You have to have a snowb blower, too. So, it's got to be >> you have to have enough room for it all. >> Wonderful. Thank you. Do >> we have other questions from commissioners? Have you worked your magic on a uh condition, Commissioner Swanson? Are you looking for >> Well, I was looking for planning staff to hopefully help me out with that rather than be suggested. >> I see some nodding from uh Miss Goodro or Ms. Jensen. Yeah, I just my notes um chair and commissioners is you know proceed you know the desire to proceed move this forward with the condition that um city engineering work with the neighbors to resolve the concerns regarding the burm um and wet situation between the that lot line prior to going to city council >> prior to city council passage. Commissioner Swansson, does that >> Yep. >> Okay. Um, with that added condition and no further comments from commissioners and no magical appearance of the engineer to deal with it right now. Um, I think we're ready for a motion then. >> Madam Chair, >> Commissioner Swanson. I move to recommend to city council approval of the high view preliminary plat subject to the nine stipulations in the planning report as amended dated July 22nd 2026 which actually today's date. >> Yes. >> Changing to today's date. Does it need to read reflect August 6th in the motion? >> Good. >> Second. >> We have a motion and a second on that. Miss Ericson, will you take the role, please? >> Zimmer, >> I >> sw. >> I >> Travis, >> I >> The eyes have it with approval and that added stipulation, excuse me, added condition uh will hopefully be able to resolve the concerns raised. And as Mr. Turnberg said there's a lot of LAR developments and you have a very good reputation. So, we're um confident that this will be able to be resolved before the planning commission, excuse me, the city council meeting which is uh scheduled for August 17th. Uh, next item on the agenda is there's a planning commission memo um in our packet and the next meeting for planning commission is August 20th, 2026. And with nothing else, I will adjourn the meeting.