Heat. Hey, Heat. [music] >> [music] >> I call to order the Rosemont Planning Commission meeting for Tuesday, August 25th. Please stand for the pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. >> Are there any additions to tonight's agenda? >> Madam Chair, there are no additions. Staff would just note that there wasn't >> Excuse me, Madam Chair. There was no there are no additions to the agenda. staff would just note that there was a notice put in the paper for a project located just east of Blaine Avenue and south of County Road 42 that will be on the September uh planning commission agenda. >> Okay. >> And that was a request by Opus. >> Okay. Will it be renoticed? >> Um we would renotice it. >> You'll renotice it. Okay. Thank you. >> And it and also sorry Madam Chair, it did not go out. No letters went out. It was only published >> only in the paper. Okay. Thank you. Is there any input from the audience on items that are not on tonight's agenda? Okay, seeing none, we'll move forward to the consent agenda. Are there any comments or questions on the consent agenda which contains our minutes of the July 28th, 2026 regular meeting? Seeing no questions or comments, I will take a vote. I will abstain from this as I was not here for this meeting. So, all those in favor, >> I >> I sorry, let me make a motion first. I'll make a motion make a motion to approve the consent agenda. >> Second. >> It has been moved by Commissioner Reid and seconded by Commissioner Ellis. All those in favor, please say I. >> I. I'm not voting. Opposed. >> Okay. When you're gone a month, you get a little rusty here, I guess. Apologies. Moving on. We have no old business this evening. We have two items under public hearings. We will start with the first item, which is an Aspenfield item. Request by Aspenfield for a comprehensive land use plan amendment to change the designation for 1.94 acres along County Road 42 from highdensity residential to community commercial. And Anthony, I'll turn it over to you. >> Madam Chair, thank you. Uh this is coming before the planning commission ahead of any proposed development on the site. uh as the comprehensive plan amendment process is longer than uh the reasonzoning process due to the fact that it has to go to adjacent and affected jurisdictions for 60 days and then also the plan uh the metropolitan council for final authorization before it can be adopted. So staff is uh had at the advise the applicant to um start with this so that we can get the ball rolling and then they'll be back with development plans as they move forward. Uh subsequent approvals would be plat site plan reviews things like that. Um, so this is related to 1.94 acres of outlot B, Emerald Isle, second edition. Um, and it would be reguing that portion of the site from highdensity residential to community commercial. Uh, in 2024, 192 apartment complex was approved for the site. Uh, the site itself is bisected by a pipeline which really constrains the site. And um with that original approval for DevCo's development, the apartments were located on the north side, leaving the southern portion of the site uh underutilized. So um this is the site location. This is the outlot uh of the Emerald Isle second edition. It's approximately 1 uh.36 miles east of Akran Avenue. It's adjacent to Aspen Fields, which is here uh north of DCTC. You can see further west is Akran Avenue and here is Lifetime. Uh immediately to the east of the site is a storm water retention pond. Uh and then uh further east is some farm fields and some residential properties. Uh this area is guided for um commercial development. So just a reminder to the planning commission for those of you who may not have been on the commission at that time. Uh this was the approved site plan for the site itself showing those apartments on the north side. Uh the southwest portion would be where the ponding and some parking would go but really not much utilization for that. So the applicant uh Aspen Field LLC is developing the land immediately west. Uh they are working to assemble the site and uh make better use of this portion. So the area to be reguided is in this southwestern portion and really just extending the commercial east here. And as I go on, I'll show you the uh actual land use designation change. Um you can see this uh is the Aspen Fields area with commercial on the south and west side. Crystal's Cuttlebugs is a daycare center that is already under construction here. Uh this is land that's designated uh and zoned for highdensity residential. And then this uh total 10acre site here was guided for highdensity residential. The applicant is proposing to change this area uh to community commercial. And then this is just a concept plan showing what how the development pattern on those two sites might play out. Uh as I said earlier, the subdivision action uh of approving a plat would be required before those parcels could be created. Uh the site would actually have to uh get formally reszoned into conformance with the comprehensive plan if a comprehensive plan amendment is adopted by the city. Um and then site plan reviews for each individual uh parcel here. So the applicant is showing this area remaining highdensity residential um probably developed in two phases as the pipeline does bisect these two sites as well uh and then commercial along County Road 42 here u really focusing the ponding in this southeast corner. Staff did receive public comment that has been provided to the commission uh ahead of the meeting. Um there were five uh main components to that comment letter received um uh related to property values being negatively impacted increase in crime and traffic cond congestion uh noted that noise is already uh in noisy area the noise would go up acknowledging that county road 42 and DCTC currently do uh create some noise in that area and that there's already vacant and under utilized commercial properties in Rosemont. um the ultimately their overall concern was that the risks of uh regiduing this land would uh fall on the neighbors themselves. Now uh granted the notice that went out to the neighbors showed this uh site location map uh it did not identify the uh where that 1.94 acres would be regued. So it is uh very possible that their um concerns may not be the same seeing that the residential would be still buffering the commercial from the neighborhoods to the north. Uh so um with that being said, uh staff is happy to take any questions uh from the commission here. The applicant is present who can maybe speak a little further on their their timeline and and and project plans. Um and then obviously it's a public hearing. So >> thanks Anthony. Can you just So 1.94 of what is the total acres that are going to stay commercial there? >> I can't stay high density residential. Sorry. >> About 8 acres of of this >> um out lot B. >> Okay. >> Cuz it's a 10acre site and it's 1.94 acres which would be the commercial. >> Okay. >> And and just that building on that. So the um the number of highdensity residential units is not likely to change or is not impacted by this. Right? So it may still have the exact same footprint for high density residential. Correct. >> It it would likely be lower uh the amount of units allowed just based on the density maximums because there would be less land available for that could used to calculate towards the the residential units. So, it' likely be a reduction in in numbers overall than what would have been allowed if it was just all high density residential. Um, but uh I I without having plans, I can't say how many units it would actually end up being. >> Got it. Thank you. >> Can you I feel like you had a a visual of the apartment >> there. Okay. So, this was the apartments that was on that B component, >> correct? Yep. This was uh approved. This was a project that Devco uh brought forward back in 2024. Uh and it was two unit or two buildings with 96 units in each one. Um and then this would be the um combined A and B here for the Aspen field um highdensity residential piece. And then this would be the remainder of the highdensity residential available to them. The ponding would stay as high density residential as well. Also note that this is the the concept provided by the applicant. >> Okay. Is Oh, go ahead. >> Would that whole area then go under a new like site plan review then? >> Yes. >> Yep. Anything that would happen on this on either any of what you can see here in the concept would require site plan review. >> What about the part that's already been approved? Does that have to come back now? Um well it likely would not be able to develop uh as shown if the ponding is taking up a fair amount of it. So it would have to come through for another okay review. >> Okay. But we don't know if they're still planning to build similar unit size other than >> No, I think and I would defer to the applicant and certainly invite them up during the public hearing um how they would see that working on there. As far as fully built out, probably two phases. It would definitely be two buildings I would say just based on the way the site is split up with that pipeline easement in the center. >> Okay. >> And with those at this time we we would not have a traffic uh analysis, right? It would be with the site plan review. >> Yeah. We would be looking at the traffic impacts with a site plan review when we knew how many units there are and things like that. >> Okay. >> With the commercial where it's at, is there thought that the commercial would connect to I see a little stub there. So, is that going to connect to that greater site and exit onto Kamera as well? >> There would be an access point. Staff would would expect an access point to align with Acer Avenue uh here. Uh that would probably be the only access point up on Kamera. Uh and that would be consistent with what was approved prior. >> Okay. So, there wouldn't be anything flowing from the commercial up through to Acer. Uh there would probably be internal private drives uh but not a public road through there. >> Okay. So from the commercial there could be a private drive from that commercial kind of on the bottom there could be a private drive going up there. >> Yeah. >> Okay. So it is I I'm just thinking like could commercial traffic cut through there to get to Kamera? >> They could, but potentially probably isn't the most direct route. >> Okay. >> Yes. Um, so the the pipeline that goes through there that we see, it was my understanding that that's why um originally the pond for those two apartment buildings was going to be more closer to County Road 42 because nothing could be going over the gas line, the pipeline, I'm sorry. Um, so what if I see this parking lot, isn't the parking lot kind of going over that pipeline? And I thought that's something that they >> uh staff it's staff's understanding that the applicant has had um more conversations with the pipeline easement holder about what would be allowed within that easement area. >> Okay. >> Than what Devco had probably been able to achieve. >> Okay. I just excuse me [clears throat] thought that there could not not be any like paving over the pipeline is my understanding just in a generic sense. >> Right. Um well as you can see here there was some drives that went over that. um Devco maybe didn't want to have in-depth conversations about, you know, getting further access into that easement area. >> Um I would defer to the applicant, but in our staff's conversation with them, uh they have been able to get some um encroachments approved by them. As you can see, there's a little bit of the uh building showing in there, too. And I believe that it would be about 10 ft of building could go into that easement area. Again, I would defer to the applicant, but it's it's staff's understanding that the conversations regarding what could occur within that easement area have been a lot uh more fruitful than what the previous project proposer was able to achieve. >> Okay. Thanks. >> And there would need to be those agreements as part of >> Yeah. Encroachment agrees agreements with the easement holder for sure. >> Okay. Any other questions for staff at this time? Yes, Commissioner Ellis. Again, just so that I can focus on what we're talking about today, the only thing that we're talking about changing is the area on the south of the B parcel. Exactly. So, if we look at Yeah, it's just that part. So, the part on the other one on this one that's already zoned commercial south of A is already zoned commercial. So, we're not discussing that at all. We're just discussing this part on the south part of B. Perfect. >> Correct. Correct. Um, Commissioner Ellis and and Madame Chair, uh, when the applicant originally came forward to the city with their plans for Aspen Field, staff did say, you know, you should really reach out to, uh, the owners of this land east of you. It could probably be better assembled and make made better use of um, just given the the way the pipeline is and and whatnot. So, uh, they did, uh, begin that process and that's where we are today. >> Okay. Any other questions for staff? No. >> Okay. Thank you. This item is a public hearing item. So, at this time, we will open up the public hearing. Anyone in the audience that would like to speak on this item may do so at this time coming to the podium stating your name and address for the record. >> Good evening. My name is John Anderson. I'm the uh representative for the developer Aspenfield LLC. Uh we were here a little about a year ago uh doing the original phase that's currently under construction and uh we have like I said uh put a contract under place for this additional 10 acres to the east of the original Aspen Fields. If you've been out there lately there is [clears throat] a uh uh Crystal Cuttlebugs daycare under construction. It's all framed up. That's the first building going in. Uh you can see that by the city uh wellhouse and building. Our private street that comes off Aspen Avenue is paved at this point. Here's a few uh finer, you know, minor items. We still got to put the sidewalk in, but we're waiting for the sewer and water connection to be completed. Um for the daycare, which is done now, so we expect sidewalk probably in the next few weeks to be put in out there along Aspen Avenue as well. Uh we've been working with the city staff to actually extend it all the way to Conamera across the city pond. So it'll be a connection all the way from County Road 42 up to Kamera Trail. Uh basically what [clears throat] we're proposing here is uh we do have a uh senior housing uh company that has a contract to purchase both A and B on this map. That entire um I guess highdensity area. Uh they were in place when we had our original 10 acres and as we went through discussions and some due diligence stuff with them, they kept asking for more land. uh once the contract that the pre the the Emerald Isle outlot owner had uh expired or I think it got cancelled, we then went to them and then uh worked a deal out with them and we actually enlarged this and as part of our design, we actually wanted to extend our private road a little bit further to the east and that allowed for a couple additional commercial buildings um on the along County Road 42 and then the the higher density the senior housing complex would go to the north. Uh we do expect a road over on the east end to uh line up with Acer Avenue. That's probably going to be more of a access into their parking area up in that location. And then where that stub road is, there will be some sort of private drive that'll be part of like an HOA that'll run through and also connect to Knamera. That would provide access through the commercial out to Aspen Avenue and up to Kamera. As part of that, we are actually currently working on plumary plat drawings, final plat drawings, and and we'll be submitting for plumary final platin resoning here in the near future. that reszoning would basically mirror this comprehensive plan request. So it' go to a commercial zoning versus the residential zoning for them that area along County Road 42. So we are working on this to satisfy the um senior housing buyer which was something that when we did the original Aspen Fields um it was talked about about a lot a lot of multifamily in this area and senior housing would be a you know good fit if you could find it. We do have that buyer in place and they will be coming forward in the near future most likely with some sort of concept site plan review for you and there might be a little tweaks one way or the other with that road access but it is expected and that's why we don't show it now because they'll probably shift based on their ultimate design where that's going to be. Um, as [clears throat] far as commercial goes, we do have another commercial lot under contract um uh with a pet hospital. We've had multiple other commercial entities talk to us over the last few months. Uh nothing else is under contract right now, but there are people looking and we do expect to get these sold and ultimately built out as well. Um as far as uh uh the private street, we do have an HOA in the current phase that will manage that private street from a commercial standpoint. The multifamily portion will be part of that HOA as well. That will be expanded onto this property once we extend our road further east. And we will be replplatting our multifamily lot. And then there's an outlot in our southeast corner, which we're which is currently a pond. If you go out there and look, that pond will be moved. Even though we just finished it, it's going to be refilled in moved over to the east. And we're going to put all the ponding in the very southeast of the the new addition there. And then we'll have commercial all the way along that access road, which gives good access to Aspen Avenue and 42 in those areas. So So with that being said, um that plat will be coming in soon. will be replplatten. Like I said, the the commercial lot, the outlot, and actually um the highdensity residential is part of a new plat. So, you will see an overall layout that includes over half of the existing aspen fields because lot lines will be adjusted. And as we've been discussing with commercial buyers, you know, that potentially shifts the line one way or the other depending on how much acreage they need and the size of the building or look at parking, things of that nature. So, each of those lots will eventually have a site plan that comes before you as well. um gets reviewed by city staff and uh basically tonight we're looking for the comp plan amendment to to guide that to the commercial um which is the exact same designation to the west there and we know it takes a little bit longer going with the mech council and all the jurisdictional notification um we're hoping to have our plat stuff submitted here this week but uh we're about two weeks away so it'll be probably based on the next submitt so you should see something here in early September for a full submitt for the rest of the the applications we need So, with that being said, I guess I'm here for Oh, gas line. Um, you talked about that. We do have an encroachment agreement with the gas company. That gas line is an abandoned line, so it's not an active line at this point. Our encroachment agreement does allow for roads, paving, you know, um, parking lots to encroach over that uh, easement area. We can also encroach on the south part of the line, the south half of it up to 10 ft uh, of the gas line that's in the ground with a structure. On the north side, we cannot do that, but our encroachment agreement does allow that on the south side. So, there will be some encroachments into that easement. And as you seen on that previous one, uh they they were crossing it, but not encroaching. And we were able to work that encroachment agreement out on the original phase of Aspen Fields and are working that now on the balance of the site to do the same thing. We did talk to them about completely abandoning the line and pulling the line out of the ground, but it's it's in the hundreds of thousands to do that, which wasn't feasible. So, this encroachment agreement was the best next best thing. So, um, so with that being said, I'm here for any questions, um, if you have any. So, >> perfect. Thanks, John. One other question. Um, on the apartment plan, I don't know if you know this since the submitt isn't forward yet, but is the number of units expected to be lower than what Devco was proposing. >> I I don't Yeah, because there's a little bit less uh high density acreage there. So Devco I think had theirs at um what do you say 192 and then we also had some commercial or highdensity residential on our side and what they're looking to do is kind of create more of a campus feel where there'll be different types of structures different types of units in there kind of a different range and it will all be for senior housing. So, the exact layout and exact thing, we've had some discussions, but they're kind of putting that stuff together right now. And like I said, I'm I'm not really the one, you know, putting that design together, but they will be coming forward in the near future with more information on that. So, >> okay. Thank you. Any questions from the commission for the applicant right now? >> Okay. I'll ask you to stand by in case there's other questions that come up. >> All right. Thank you. >> Thank you. There's anyone else in the audience who would like to speak? You may do so at this time. >> My name is Robert Elliot. I live at 14349 Acer Avenue. Um now, um are we here tonight just to approve the change from high resident um high density resident to CC for the outlined area? Yes. >> And nothing further is being discussed tonight. >> Correct. That is correct. It is just the outlined area 1.94 acres that's moving from highdensity residential to community commercial. >> Okay. So any future plans for parcels A and B will be subject to future meetings. >> Yes. Um some of those are already zoned guided and or zoned um well I understand um last fall or summer there was a proposal to put a high density um uh two building I think um residential apartment complex in there with various zoning um uh changes to it or or um um waivers >> variances. Yep. >> Variances. Um, and that was subject to a review that ultimately I believe fell through. >> Um, I will let staff speak on that at the end of our public hearing, but the the site there will be a site plan review which would come through for the for A and B parcels again. >> So, um, nothing we decide here today is going to be an approval for them to proceed with the development of A and B. >> Correct. It's just the approval for the change from the guiding of comprehensive plan guiding from highdensity residential to community commercial for that 1.94 acres. Okay. That 1.94 acres will also have to come in for a site plan review um of at such time that would show more detail about what they're expecting to build on that land. >> Okay. >> Yes. >> Thank you. >> You're welcome. Melvin Evans, 14349 Alderway. Uh, couple questions. One, uh, for the commissioner, the entire party, um, is this the first time you guys have seen this outline? I've always wondered why public comment comes the day you guys vote. I feel like you guys have seen it, already kind of make up your mind of, hey, we're going to approve this, yes or no. So, our concerns kind of, in my opinion, go on deaf ears. Not here to object. I was here back in January or yeah 24 I believe was the winner and I objected I was against the additional 192 units going in. We wanted more commercial. Um back then in 24 the pipeline wasn't an issue when they came across with their plans that a lot of new faces up here but um that uh was approved now it is an issue which is why it's getting reszoned. Um my concern is that it's going to continue getting reszoned and they're going to mean more and more commercial issues going to keep moving east uh which will lower the values of the Konamara traffic. You mentioned the noise. Um we already get a decent amount of noise from DTC. Um is there any plans to put up any kind of barrier in the future? Whether it's additional trees, uh some type of privacy fence. I'm not sure what might help reduce the noise um in that area. That's it. Thank you. Is there any other comments from the public on this item this evening? Okay, seeing none, I will make a motion to close the public hearing. >> Second. >> It's been moved by Commissioner Kenner, seconded by Commissioner Reid to close the public hearing. All those in favor, please say I. I. >> I. Opposed. >> Public hearing is now closed. So, I'm going to start with um got a couple follow-up items from from the public hearing. Um, Anthony, maybe you can start with the the comment or question from Robert on the Devco falling through. I I believe it was an approved submission, but is not moving forward. Like, it's no longer they're no longer moving forward. They're no longer in the mix. >> Madam Chair, yes, the Devco did receive approval. Their next step would have been to get building permits and begin construction. Um obviously what if for whatever reason it's outside the city's purview why they didn't move forward. Um things don't move forward for a number of reasons all the time. Uh which is why we usually don't talk about things until we have applications because we get phone calls, we get questions, we have meetings with people and then nothing happens. And if we told everybody about everything that we meet with people on that doesn't happen, they could make decisions like buying or selling a house and then whatever they were afraid of doesn't happen. Well, then you know they're not going to be happy with that result either. Um so that being said, there were approvals for that. Um now because the site plan would be changing, there would have to be new approvals made. Now, uh I would just also note that because these are uh the A and B there are guided and zoned for highdensity residential. If someone if an applicant came forward to construct a highdensity residential project that met all the requirements of the code, the city would have a hard time not approving it. Uh the purpose of having a po uh zoning ordinance is to identify uh development standards like setbacks, landscaping, number of units, building heights, things like that. And if someone were to come through with a plan that meets all of those requirements, the city would have to make findings. You yourselves uh as well as the city council would have to make findings to deny that request uh in a way that shows that it doesn't meet the in purposes, intent or standards of the code. uh but uh they would still need a site plan review and if there are any deviations of the code needed they would have to get formal approval of those after going through the planning commission and city council >> and those will have public hearings just like we are doing tonight. >> Correct. Every every approval that would be needed for this other than the final plat would require a um public hearing which would go up with letters out to everyone within 500 feet of the site and published in the newspaper and posted on the city's website and at city hall. Okay, thank you. Um the next one I'm going to take the first couple questions from Melvin and then I'll ask um Anthony, you Adam, Julia to to chime in or the other commissioners. So um a little bit about our process. So you'd asked if this was the first time we we are seeing this tonight. It is the first time we're hearing staff's presentation on it tonight. However, we do get a packet emailed to us the week prior to the last week at the end of the week last week. we get a packet emailed to us um with all the information in it which we read and um have a time where we can ask questions to staff as well as go visit the sites and such before we are here tonight hearing about it. Um we do not need to vote on things tonight. So staff puts it before us with their recommended motions. And there are times um not depending on the item um very complex items or items where we um feel we need more time to think it through or we want staff to follow up on things, we will continue an item to a future public hearing. So or a future meeting. Um we may hear the public hearing, close the public hearing, and still continue the item. So So while we we may be seeing it for the first time, it I would say we we learn about it a couple days in advance. we are able to do some of our research and read about it and then come hear the presentation and hear the public comments and then make either make a decision or move forward um continue the item to a next meeting. Um is there anything any other commissioners would add on our process? just just elaborate and that we do drive around these sites and take a look at what's being proposed, how does that fit, what are the houses nearby, what would it be like if I lived right there to really get a feel for how this would fit into our community and meet our overall vision for the city and interconnectedness and being a friendly place to live. >> [snorts] >> And I would say, well, while I personally walk into the meeting with with thoughts on the item, I don't have my mind made up 100% because I need to keep an open mind to hear staff, to hear the applicant as well as to hear the public that are here to speak on it. So, um, obviously I've I've read it, I've thought through it, I've thought about questions and things I have, but then I would, um, the public hearing is a time where we take that into account before we make decisions. So, um, I do want you to know that your voice and that you're heard when you come here. Um, and I personally do take that into consideration before I make a decision. >> Madam Chair, I would also add, um, we're lucky to have a commission that has been in its role uh, for quite a while. Um, many of you have were here when Devco came through. You heard concerns raised by neighbors, a lot of the same concerns. You heard that a lot of the neighbors want more commercial. Um, you heard that neighbors were afraid of of noise, um, but they wanted more commercial, which is a kind of a contradictory thing. But, uh, that's all to say that, um, what you hear tonight isn't doesn't make up the entirety of your knowledge base for making decisions related to planning and zoning here at the city. So, don't uh don't discount yourselves in that regard either. [laughter] >> Yes, you did. You did say you voted for more commercial. Um, yeah, and just on on this property, I think it is it I am excited about the the proposal that we're going to see in a few months coming forward for senior housing and a combination of A and B. I think it's um could be a good mix with the additional commercial there. Um, the other comment from Melvin, um, two more. One was the concern about continuing to get reszoned to the east. And I just did want to call out because I believe that large property to the east is already zoned commercial. >> Correct. That is um guided and zoned for commercial development. >> So everything in that red box is currently zoned as commercial. Um now >> also, Madam Chair, this is storm water infrastructure. I it would take a considerable effort to develop that specific parcel. It's not unheard of or impossible, but uh that is something to also take. >> It's more to even further to the east, but that's that's commercial zone or guided commercial at someday when that redevelops. >> I was actually going to ask a question about that in terms of like the private road. Do you ever foresee a time where that road would need to be a through street to that other commercial area? I think we would not be able to to say one way or the other until we have [snorts] development progressing further to the east to see how it goes. Um the city is beholdened to the county as far as access off of County Road 42. Um there is immediately east of that commercial area Audrey Avenue which is planned to be a signalized intersection there. Um it might be something similar to Aspen Avenue where access into here would come off of Audrey Avenue uh with a secondary access up to Kamera um just to allow people to the north to get access um without having plans. I can't say how it would actually shake out, but it would be probably similar to kind of how we're seeing development occurring on there. Uh Kamera is a major collector. It is the primary eastwest road that uh relieves County Road 42. Um and it is planned to extend all the way east to Blaine Avenue and line up with uh 140th Street there. >> Thank you. Um the last comment from Melvin was around noise and what obviously it's outside of our kind of our reguiding tonight. Um but the noise conversation we did read about it in the letter as well and what maybe can be done to help reduce noise for for residents. I don't know if there's any thoughts on that. So development can do a lot for reducing noise. The apartment buildings themselves would be a barrier from County Road 42. Um landscaping that is installed as part of development both uh within parking lots and uh around uh the buildings and landscaped areas. Um those would do more to buffer noise. The county again, not to put everything on them, but it is very easy to do. They may someday find a need for noise walls. We don't really see them along County Road 42. I don't know that we would see them. Um but uh development that includes BM and landscaping and buildings will do some to to alleviate that. But um staff does appreciate acknowledging that County Road 42 is a big noise producer um and has been for you know 20 30 years. >> Okay. Thank you. With that, are there any comments or questions from the commission before we move forward? Yes, Commissioner Ellis. >> So, in talking about notice that residents are going to get and things, I can't tell on this. So, it's we give notice for everybody who's within 500 ft. >> Correct. >> When the plans come forth for that community commercial area, is that within 500 ft by the time we get across Kamera and the folks that live on Acer Avenue? So, are they going to be notified or how is that? they so it kind of depends on what all gets applied for at once. If the if they come in and apply for a plat, it would con contain all of this whole parcel. Everyone within 500 ft of this entire parcel would be notified when that plat comes through. Uh once it's platted and those are individual parcels, the notice is sent is measured from the parcel boundaries. We just have to have a standard to to measure from. Um it's entirely likely that we get the plat request with a resoning and site plan review. We the commission is used to seeing several things come through for a project as at once. Uh but staff would also let the public know, especially people that are watching that you can sign up on the city's website and get emails of every agenda for whichever public meetings you want to receive them for. You can get emailed whenever there's a planning commission agenda published. You can get emailed a notification for that. council meetings, parks and wreck meetings. Um, so for people that do like to know what's going on, I know I do personally, it's why I like my job. Um, sign up for those meetings, get those agendas in your in your email because then you really can stay on top of everything that that might not reach your mailbox. >> Thank you. Good question, Commissioner Ellis. >> I just have a comment. >> Yeah. So, >> um, being on the commission for several years now, it's it's always been, um, exciting to see commercial development along County Road 42. I think it has been um, planned for that for many years. As our city moves further east, um, amenities are asked for by residents. Um, it's along a busy collector, County Road 42. So, I I'm excited to see some commercial development there and especially um at some point if if and when those um buildings possibly become senior housing um you know, a lot of them don't necessarily, you know, drive and they uh would be probably pretty excited to have some commercial um development there to to access without having to maybe have a vehicle. So, um, as we move further east, I'm just excited to see more commercial development in the areas that were, um, planned for it ahead of time or reszoned. So, that's my my take. >> Yes. Okay. Anyone else? >> I thought it was well said. I I agree. I think it's this will be a good fit there. I think the uh the um the high in residential create a nice buffer there too. And and to your point, Anthony, I think create actually help with the noise reduction overall because majority of that will be coming from 42 and DC DCTC. So I think this is overall a pretty solid plan. >> Yeah, I agree. Getting those buildings built is going to help buffer that noise, be a big buffer to that noise, the the buildings and the landscaping. Okay. Well, with that, do we want to entertain a motion? Motion to recommend the city council approve an amendment to the Rosemont Comprehensive Land Use Plan to redesate 1.94 acres located 36 miles east of Akran Avenue and north of County Road 42 from Highdensity Residential to Community Commercial. >> Second. >> It's been moved by Commissioner Reid, seconded by Commissioner Bugai. All those in favor, please say I. >> I. >> Opposed? >> Motion carries. This item will go forward to the city council for approval on Tuesday. I think it's a Tuesday. September 8th. Yeah, that's a Tuesday. No. Yeah. No. Yeah. Yes. Yes. The 7th is a Monday. Okay. Sorry about that. Um, next we have a request by KJ Walk for approval of a site plan review to allow for construction of a multi-tenant commercial building with a drive-thru facility. And Julia, I will turn it over to you. Right. All right. So, a little overview of the project summary in front of the commission tonight. Uh, the planning commission is being asked to consider a request submitted by KJ Walk first site plan review approval to construct a multi-tenant commercial building with a drive-through facility at 2718 149th Street West. Uh, so the plans provided by the applicant meet the requirements of the zoning ordinance within the city code and staff is recommending approval of the site plan review subject to the conditions that are listed in the recommended action. So, a little overview of the site locations. You can see that's outlined in red. Uh the property is located within the Rosewood Center second edition plat area located north of County Road 42 east of Business Parkway and then also west of Biscane Avenue. Um the subject parcel was originally a part of the outlot associated with Rosewood Estates uh a single family neighborhood which is north um of the subject site. The area was platted as Rosewood Center back in 2014 which established one buildable lot which is where that existing Anytime Fitness um building is located and then also an additional four outlots. Two of those outlots were for future development. One was for storm water ponding and then one was a remnant parcel. Uh in 2024 the applicant did come forward uh submitting a preliminary and final plat for Rosewood Center second edition. uh that plat subdivided the existing out lots that were created in 2014 and then created five buildable lots and then also one non-buildable lot. Um so in front of you today is one of those buildable lots within Rosewood Center second edition. So a little overview of the site plan. Uh so the area is about 34,51 ft in size. Uh current zoning is at MX2 highway mixed use and then comp plan land use designation is CC community commercial. Uh the proposed site plan does include a 5,220 foot multi-tenant commercial building that is located on the southwestern portion of the site which you can see on the right hand side of this slide. Uh shows that uh proposed building. Uh the building will be facing north towards 149th Street West and that parking area is located between the roadway of 149th Street West and then also the building. Uh the site plan does show uh that development does meet all setback requirements for the parking area and structure as well. Uh did also want to note that the drive-through facilities is an accessory use um and is permitted with standards within the MX2 highway mixeduse zoning district. Uh drive-through facilities are subject to seven performance standards which were outlined within the staff report that the commission did um receive and it's stated within section 1167I of the zoning code. uh staff was able to make the findings and um they were able to make the findings for um the drive-through facility on the site. So a little overview of the parking and access on site. So the access will be uh the site will be accessed by two access point. one off 149th Street West, which you can see on the left hand side, um right off 149th Street West, and then also from an existing access drive east of the site, which would um give access to that Anytime Fitness, um location site. Uh the proposed drive-through area is located in the southeastern portion, directly east of the building, and the drive-thru will be accessible from both site accesses, allowing for circulation in and out of the site. You can see that um on that eastern part of the site directly east of the building. Um so the site plan also does include 28 parking stalls which meets that minimum requirement which you can see is outlined in this table below. Um there was also a breakdown of both office and restaurant uses provided. Um since at this time there isn't a specific use for the three different suites within the building. So um the applicant did give a breakdown of the different potential uses that would be allowed on that site. um which uh the 28 stalls would meet the requirement for either office or restaurant use. Uh the applicant also did provide an exhibit for emergency v vehicle turning movements um which the city's fire marshall did review and then also did provide a drive-through stacking exhibit dist uh demonstrating the facility will provide a minimum of six uh stacking spaces per drive-through window which um to my knowledge and the applicant stated that there will only be one drive-through window on that east side of the ex of the proposed building. A little overview on the landscaping. So, the applicant's landscape plan did include a mix of deciduous and coniferous uh trees provided throughout the site um and also a variety of different foundation plantings as well. Uh the plan does show 19 trees including nine trees along 149th Street West and then two trees included in the island um the parking island close to the parking facility. And then there's also eight arborite trees provided along the east side of the drive-through area to help with screening uh for from the commercial site to the east as well. Uh the site is required to have a minimum of 11 trees and 43 foundation plantings and they are meeting that minimum requirement as you can see in that breakdown in that table shown below. Um foundation plantings on the site are shown to be located primarily along the western and southern uh portions of the building and then additional plantings along um the parking islands. um throughout the parking lot and then also along the drive-through facility as well. And then phototric plan. So the applicant is proposing um site lighting consisting of polemounted and wall-mounted fixtures throughout the site. There are four wall-mounted fixtures which will be located on the north side of the building where the entrances to the buildings will be located. And then also there will be three polemounted fixtures proposed throughout the parking lot as well which you can see outlined in this phototric uh plan on the right hand side of the slide. Uh the applicant did submit this phototric plan and did demonstrate the lighting levels do comply with the standards outlined within the zoning code. Uh did want to make a comment about engineering. Um so there will be a sanitary sewer and water service provided to the existing facilities along 149th Street West. Um storm water runoff will be directed at the pond to the north of the site and then existing storm water sewer line south of the site and then it'll also utilize that adjacent storm water pond to the south as well. Um our engineering team did take a look at um the site plan that was submitted. Um there is an existing drainage and utility easement area located along the eastern side of the site uh which is preserving a corridor for an existing water level equalizer pipe. Uh there will be a need for an encroachment agreement with the city and the applicant um subject to city council approval and that will be required um prior to any building permits um that would be pulled um just to ensure that um any of those pipes that would need to be fixed down the line um would be required by the applicant. And then also conformance with all applicable requirements of the city engineer is a recommended uh condition of approval within this site plan review. Overview of the architectural elevations. So the submitted um elevations indicate a mixture of exterior materials uh with brick and the natural stone which will comprise about 92% of the building and then the remainder will be that 7.84 will consist of ephus um which does meet the zoning code requirements. Um the MX2 highway mixeduse zoning district requires a minimum of the 50% of um natural stone or brick which this site plan or which the these exterior materials are meeting that minimum requirement. Uh and then staff is finding that the exterior finishes do comply with the city's architectural standards outlined in the city code. And then there is a uh one recommended action in front of the planning commission today which will be a motion to approve a site plan review allowing KJ Walk to construct a multi-tenant commercial building with a drive-through facility at 2718 149 Street West subject to conditions A throughF. Um I can answer any questions that the commission may have. I do know the applicant is in the audience as well, so he might be able to speak on additional questions that staff may not be able to answer. >> Thank you, Julia. Are there any comments or questions from the commission? >> Yeah, I guess two two things. One, just just to kind of um the future vision there. The um the signaling at Biscane and straightening of Biscane that that's expected to be done in the next year, right? This will be done before the school opens, right? So that will provide a little more traffic control. >> Correct. that is required to be finished prior to the middle school opening which will be fall of 2027. >> Okay. All right. Yeah. >> Um and then the other question I have is um I'm a little sensitive because there is residential right across the street. Um >> and if done right, this is great because I mean we've already got the daycare center there and solo salon. So and that's working great. I drive by there all the time >> and this could fit in very nicely. I guess the one concern I have is about the restaurant type. Mhm. >> Um really small footprint, but um if I was a resident living across the street, I'd be concerned about smells, you know, like fried chicken tends to go smell goes, you know, for miles sometimes. Um do we know anything about what kind of restaurants could be put in there or or is that a question for the applicant? I would probably defer to the applicant for what he or what they're seeing at least for tenant wise, but within our zoning code, we don't specify what type of restaurants is allowed and what's not allowed. Within our zoning code, it just states restaurant. And then those requirements for um for parking stalls includes like seating, max capacity, and um that type. So, we don't really specify what type of restaurant use is allowed and what's not allowed. It more comes down to capacity. And >> would would we as a commission have any kind of leeway to if the plan were to well I guess if we approve this plan it's it's past us right so they could put any kind of restaurant in there right >> at this point what's in front is it's a spec building in a way but um if it's meeting all the setbacks and everything and all the requirements for off- streetet parking for landscaping for all the requirements that we outlined for site plan approval then but I would definitely may defer to the applicant. Um I know that he's had conversations with different tenants um for the different suites within the proposed multi-tenant building. So >> Okay, >> Julia, on that same line of thinking, we obviously have lighting restrictions and noise restrictions, but do we have anything around odor or smells? >> Not to my knowledge. Not within. Yeah. Like >> you bring up a good point, but and I'm thinking like >> we don't have any kind of >> not specifically within the zoning ordinance do we have requirements for odor >> or that type >> or smells that come. >> Yeah. Okay. >> I have a question. So, with regards to the Rosemont Middle School, currently a lot of Rosemont Middle School um kids, they will, you know, go to Culver's like walking from the middle school to there, and that's kind of the place to hang out. Um with the new middle school, I mean, this is going to be potentially the closest um restaurant or place depending on what it is and if it's appealing to them, right? And so I guess the question in my mind is, have we thought about safety for the students who are going to be potentially walking and trying to get to that location? >> At least to my knowledge, there will be pedestrian um measures done with that intersection that the county will be working with for Biscane Avenue and County Road 42. It does also look like along 149 Street West there is an existing sidewalk. So with that pedestrian um pedestrian work that's being done at Piscane and 42, I think that would really only be the thing that's hindering at least pedestrian traffic as there is that existing sidewalk along 149 Street West on the north side. >> Madam Chair, Commissioner Beer, I do know with that signalization that does provide some um uh traffic management. Uh it is staff's understanding that the school district is analy should say the school district and the county are looking at different grade separated crossing potentials. I don't think they've landed on any final design, but it is something that is is um a need that is the school district and the county are aware of and that the city obviously is playing a role in in in so much as it can for a project like that. >> Yeah. And I think like one of the concerns is like while the 149 does have that sidewalk, are they really going to go all the way north on Biscane and then use that or are they going to try to, you know, shortcut it and just walk along 42? >> Well, it's the county's long-term plan to have trails on both sides of 42. >> Yeah. >> Okay. >> Long-term plan. >> Do you mean if they would cross at Biscane and then drive walk down 42? >> Yeah. I think because the the restaurant would be positioned more on the north side of that lot. I don't know. I I'd like to think they wouldn't try and cross through the like the pond. There's not going to be easy cross cutting from 42 um with the Burman stuff. I feel like it >> No, >> it wouldn't be easy to walk it. >> Okay. The only thing that adults know is that we can't figure out what middle schoolers are going to do. >> Right. Right. I mean, we we don't know what they're going to do, but that will like that won't be an easy to me. It won't be an easy walk by any means. >> Even today, it's not walkable anywhere around that. So, the only way would be to cross Biscane in that heavy traffic. I don't think that that would be something they will prefer, >> right? They'd have to go to Biscane, cross, and then go up to 149th and down. >> Okay. >> Yeah. Maybe this isn't representative of the actual topography out there, but it looks like the footprint of the building and some of the parking areas kind of starts to encroach in on the grading of that outlot. If you go to the drawing, next one I believe. Um, yeah. Well, the that last one showed I mean you can see the the grading lines of that outlot. If that would have to be reworked, how does that work with having to create enough space for that retention pond and just making sure that you have enough >> the city is requiring that encroachment agreement. >> Okay. >> As part of that. So, I mean >> cuz that whole eastern side, you can kind of see that do dotted line right there. All E is that is technically a drainage and utility easement area for those utilities. Um which the city will be requiring the applicant to um enter in an encroachment agreement for that area. So I mean that will be covered in a way um at least the parking and the drive through is is meeting that setback requirement. Commissioner Bugai and Madam Chair, is your your question more along the lines of is it is it designed in a way that it will be structurally sound or safe or within the the angle or the sloping of that retention pond? >> Yeah. Uh my concern was or maybe not concern but question is if they need to build into that retention pond at all to adjust for either the the building or the parking. Are you taking away from the capacity of the retention pond then? >> Sure. Um th those are all things that are reviewed by both internal and then uh consulting engineers on behalf of the city uh with the full civil submitt um plans for these projects. >> Okay. So that'll be considered and part of Yeah. >> And that will be a requirement with the site plan review. It is a condition stating that it um does have to follow all city engineer requirements. Okay. >> State in that memo and other additional um information will be required that they'll have to follow. Julia, with the the entrance to the Anytime Fitness kind of building there to the east, is that >> does that impact any of the parking at Anytime Fitness today, or is that um >> No. So, >> more north of that parking. >> It's more north of that parking. So, you can It's kind of hard to tell on here, but it's it was stubbed to the west. So, >> that stub that's there. >> Yes. Okay. Correct. Okay. I didn't know if it was still in that same >> Yeah, I know. kind of hard to tell, but that parking south of where that stub was, which will be the connection point to the site. >> Okay. Um, a couple other comments, and I'm not sure, they might be for more for the applicant, but the on the landscaping plan and the drive-thru. This is I I'm guessing these trees aren't aren't in their maybe their exact spots and and Horn's always very flexible. Um, but just coming out of like where the drive-thru is, it kind of looks like there's a window between the it lines up to a window in the trees. And I just wondered if it we could have a tree there so that it it shields any headlights pointing towards the road and towards the residential there. Does that make sense? >> Do you mean like in this >> like So, yep. So, if you go straight forward, you're kind of in that window between the second and third tree. >> Okay. And so if we could adjust a little bit so that a tree is aligned blocking that, that would be good. We can do that. Okay. At least for the landscape plan, as long as the number of trees are correct and they're in the that vicinity where they're planned, there is a little bit of flexibility in location. >> Okay. >> For planting, at least for when we review landscape plans. >> Perfect. And I just want to request that it that it blocks so that we block that the headlights from those res residents to the north cuz as Commissioner Reed mentioned it's obviously we've got residential budding right up to this. >> Um I mean there is there is some storm water pond there to the north too. So it g does give some separation. But the other um questions I had is I noticed it said mobile order pickup for the drive-thru. And so I think that this obviously could could be changed, but whether it's so maybe it's just mobile order planned for the drive-thru, not an ordering, but if we approve this, it could that could change even though if that's what's planned today. Correct. That could change, but it would still be required to follow those permitted standards that were outlining in in the in the packet. And also, there was also a condition that any signage has to uh receive administrative approval prior to any installation of any signage as well. And I believe that's signage as well as um the volume not being able to hear it from um neighboring places. Okay. And then any um do you have any thoughts on the timing of this because I know we've got other projects that um with KJ Walk and just kind of wondering what that timing looks like. I would defer to the application. >> That's what I assumed but yes >> thought I'd get it out there now. >> Okay. >> Sounds good. Anyone else have any questions or comments? Mhm. >> I do, but it's probably for the applicant as well. >> Okay, sounds good. Anyone else? Okay. Okay. Thank you. >> This item is a public hearing item. So, at this time, we will open up the public hearing. Anyone in the audience would like to speak may do so at this time. Coming to the podium, stating your name and address for the record. And if the applicant would like to come forward and start us off, you may. Good evening. >> Yeah, I'm Warren Israelson, owner of KJW Walk. >> Um, yeah. >> Can you state your address, too, for the record? >> Uh, I live in Savage >> or your work address. That's fine. >> 101 Egan Drive is our work. Um, >> perfect. >> Work address, which is also 42 straight west of of here. Um, [clears throat] yeah, we had uh proposed a project similar to this on another lot a few years ago and we ended up selling that lot and nothing's been done on it which kind of surprised me but so um this is round two uh the same project. We actually are proposing the same exact same tenants we were back then. So in this case, the eastern one would be a a taco. It's called K Taco. They have I think like half a dozen um restaurants in Twin Cities. And then the middle one is a pizza supreme. So it's a pizza place and we don't have anybody currently for the western uh portion of the building. Um let's see. Is there another question that Oh, with timing. >> Yes. Um, as you can tell, we finally getting started on that other apartment project. >> Yes. >> Six years. Six years, I think. >> So, what do you think that long? It's been that about that long. Yeah, I think. I don't quote me, but pretty close to six years. Yeah. So, what do you think timing on this one is? >> Um, well, I I'm guessing it'll probably be challenging to get a building permit yet this year and and get started. So, and likely it'll be next spring when we start on this one. >> Okay. So, this one isn't going to sit and wait until >> apartments are all done or anything. You're going to move on this one quicker. >> This is >> Yeah. >> Um I think Commissioner Rivera, you said you had some questions for the applicant. >> I thought he looked familiar. Um, I was just going to ask about something similar that was on, I believe, the the lot across the street on the norththeast corner of 42. Is that where you were proposing another strip mall like this a couple years ago? >> Across from New Horizon business, right, >> just west of New Horizon's Daycare, >> right? >> Yeah. >> Okay. I thought you looked familiar. So that's my question was and I think it's the same question that was back then probably to do more with the drive-thru um because there is residential folks that are just north of there um you know the hours at certain points of the night. Nobody wants to hear you know ordering tacos at 10 at night or whatever. So, I was just mine had to do more with um maybe the the hours that they're considering at some point and the noise in that whole drive-thru realm. >> Uh to be honest, I'm not sure what their hours are, but uh so I guess >> no, I'm more information to come, but I think that was the concern a couple years ago. Same thing. Yeah, I remember some concerns about noise last time around and and I think I think we were we were supposed to notify the tenant that they had to make sure that the noise was not a an issue with the neighbors or something like that. I can't remember. Well, I think we we've got noise ordinances of, you know, not being able to hear noise from a parcel at certain hours, you know, past I think our noise ordinance is at 10:00 p.m., I believe. Don't quote me on that, but 10 p.m. >> I believe so, but uh you should not be able to hear the >> Your mic isn't on. >> It's okay. >> Um what no matter what time it is, you should not be able to hear the um uh speakers with the drive-thru. And what staff has found is that the technology for the drive-through systems is a lot better than it used to be. Um so it hasn't come up. Um we do um gladly receive complaints if there are any and work with property owners to eliminate those issues uh as they arise if they arise. And I can't remember if it was the drive-thru that was proposed with the project to the west of New Horizon's daycare or if it was a different drive-thru, but I I vaguely, not vaguely, I clearly remember myself going and sitting at Culver's in different spots to listen to the drive-thru and I couldn't hear from across the street from in their parking lot. Um, and so yeah, I would agree that the technology even when Culver's was built to such a point that I had a hard time hearing that. >> Yeah. And again, Commissioner Rivera, Madame Chair, County Road 42 is going to be the loudest thing out there. And it's it, you know, I think, >> not speaking for the residents, but as someone who's lived near a busy roadway, it does kind of become a white noise that much like office spaces, um the white noise is there to to um not distract but muffle other specific sounds. So, um, if there are issues and we do receive complaints, obviously staff is is, uh, eager to work with property owners and residents to alleviate those. Any other questions? Can I This may be I mean, this obviously could change, but is it expected to be only a mobile order pickup at the drive-thru? >> Well, that's currently what we're thinking. Okay. We don't want to be totally restricted to that, but Right. That's the current thing. I I just the sign is what caused me to >> to think that. Okay. >> So, I think I got my questions answered. We got the other questions answered. >> Okay. We'll let you stand by in case there's other questions that come up from residents or anything else. >> Okay. Thank you. >> Thank you. >> Is there anyone else in the audience that like to speak on this item at this time? >> Hi there, Elise Madam. Um, I'm actually the neighbor here at 2678149th Street West, owner of It's a Solless Salon and Anytime Fitness within our Madam Properties. So, not the Anytime Fitness building, just happens to have that in there. Um, and I just have a couple questions which you guys were kind of either answering questions yourself, but the construction entrance as it's currently placed on there is utilizing our entrance to our parking lot. And that is the only entrance to our parking lot. And even with the construction that's happening down the road, there are a lot of vehicles that just kind of sit and hang out there. So, I would like to either suggest or some other option to not use our single entrance. Um, just because right now it is already very narrow. It's literally two lanes of cars in and out of there. Um, if that can be addressed or looked at, um, certainly would be nice. I know we talked a little bit about the trees um and that outlot a I don't know where you guys fall in that where um the land developer Warren lies in with that but recently if you've ever been down that road it is rarely kept up rarely mowed. We had to call in and get that place mowed several times in the last nine years I've owned that building. Um, but also too to look at that for uh visibility, what it looks like, the attraction for, you know, companies to come in there is to try to take, you know, take care of that pond and maybe make it look a little bit nicer and not so kind of left to the wayside along with the other sites that are currently available. Um, and I did have some concerns obviously with the drive-thru. It makes you feel a little better that it's not going to be like the next big coffee shop that's going to come in and there's 30 cars both ways and it's just, you know, kind of a lot. If that's going to be what it is and it's very simple, maybe just a pickup window, something a little faster. My concern was maybe making that entrance into our parking lot maybe an exit only so people aren't lining up too many different places um and that they only encroach and they impede their own traffic within their parking lot, not causing a line into ours or out on that main road. Um, sometimes it's easier to come up with things right away of a traffic pattern and not after the fact. People don't have their routines on there. If we could maybe explore that. Um, you already answered the question on what was this originally planned for down the road more west because I had heard that that was maybe going in. Um, and then a monument sign request if there is any of those that would come up. We were had already discussions that we would be either within that communication. I didn't see any on here unless there is any that I missed out um just for that area. And like I said, that's just more of a visibility, keeping that nice um you know, looking and not a million signs down the road either on 149th or 42. And just right now, if you guys didn't see that either, I don't see one placed in there necessarily. And I think that's actually all. So, I think just for me, it was more or less of making sure that they're going to keep the standards. it looks nice the brick um what we're going to come in there then also to maybe just with that construction is probably my main concern um just with our busy time is going to be in spring as well for the gym for Anytime Fitness and then our solar salon has upwards of 20 independent businesses in there so we just want to make sure we're conscious of all the other um tenants that are in that area. >> Thank you. Is there anyone else in the audience that like to speak on this item this evening? Okay, before we close the public hearing, Warren, I wonder if you can come back up and speak a little bit to the construction entrance and your thoughts on maybe what could be done there as well as um I think it is a good point on the landscaping of what the plan is to maintain the landscaping since some of that landscaping and um mowing and stuff of the property today isn't wellkept. >> Um I couldn't hear. Unfortunately, I'm getting old and hard of hearing. I try to remember to wear my hearing aids, my Costco hearing aids when I come to these meetings, but I forgot tonight. >> Remembered about >> you forgot last time too. >> It's like Anyway, so okay, can you >> I can receive them specifically the questions. Yeah. >> Yes. So, um, Miss Madam has a concern, um, around the construction entrance of it looks like the construction entrance is planned to be the Anytime Fitness Madam Properties um, driveway. I don't know if I can ever stop calling it anytime fitness, but the Madam Properties driveway area. and their concern is that that being their only entrance and exit to their property that having something maybe getting the other entrance built out or something else for a construction entrance. >> Uh yeah, we can uh certainly look at um cutting into that entrance first and using that for construction entrance if if the city is think that's a good idea. >> Okay, we will review a city as well, but that would be great. Um, and then I don't know um if there's anything that can be done on the drive-thru patterns, but there was concern about the drive-thru stacking, but I if I remember right, there was like seven cars stacked, which is more than what would be needed, but obviously maybe for for the tenants. I don't know what can be maybe this is something for the city as well, but what can be done if it does start to encroach on another property owner's property that something would need to be done? I would assume we can't have obviously drive-thru stacking encroach on another property. >> Well, I'd be shocked if that ever happens for tacos, but >> Okay. >> It's not a Chick-fil-A. >> Yes. As long as Yeah. As long as you're not putting in a >> Yeah. >> Yeah. Okay. Um and then the landscaping maintenance was the other concern of the landscape maintenance that's done today. Was it are you was she ask talking about the ponding area? >> The ponding area. I think the ponding area, the the boulevard, the sidewalk, all of that. I can I can speak as a as a resident in that just north of that area, too. The sidewalks. Um the the mowing is not well maintained along the property. Obviously, New Horizons maintains theirs and and Anytime maintains theirs, but the properties um along there, including this one, the sidewalk and the landscaping around the ponding, >> we plan to maintain ownership of the building and we will certainly maintain uh the the side up to the curb of the street. um the ponding area. [laughter] >> That's a city pond. >> I mean, that's that's not our responsibility or our right even to to be on there. I I think we would like to um keep it cleaned up at least to the side on our side. We would we would want more visibility from 4 to 2, you know, we want people to see the restaurant. So, we would like to be able to have the opportunity to clean that up, I guess, on the >> Okay. >> on the north side of the pond. >> Okay. We will um have the city comment on that as well then. And then um lastly, there was Oh, monument sign. Is there a monument sign planned for this building? >> We hadn't really um talked about that or thought about it. It's such a small building. But um that's a good question. Um we would have to come in for a separate permit for that, I'm assuming. >> Yes. >> Um I can >> get back to you on that because obviously we'll have the the signage on the building for each of the tenants. >> Yep. Yep. I think I mean it was it was Miss Madam that had some questions around that um and maybe what what that looks like in conjunction with the rest of the buildings there. So, >> okay. >> So, yeah. So, maybe connection connecting with her based on the plans. >> Yeah. So, maybe we can get back to you on a monument if we think that would be good. >> I hadn't really thought about it to be honest. [clears throat] >> Okay. I think that covers the questions that I wrote down from Miss Madam. So, have a seat. We'll see if there's anything else. >> All right, I'll hang around. >> Thanks. >> Thanks. >> Anyone else in the audience like to speak on this item this evening? Seeing none, I'll make a motion to close the public hearing. >> Second. >> It's been moved by Commissioner Kenneer, seconded by Commissioner Reid. All those in favor, please say I. >> I. Opposed. Public hearing is now closed. Julia, can you speak a little bit to the um city's thoughts on the construction entrance? >> It would most likely be a conversation with their engineering department as they deal with um roads and access off of roads. Um the applicant could definitely have discussion, especially if they update their plans. Um they'll have to resubmit [clears throat] those and they'll get feedback from um our engineering department. Okay. >> Works on that. What is I mean in terms of obviously that that entrance that's there and correct me if this isn't accurate but that entrance that's there is on the Madaman property building on their lot right so what is the what is the right way for somebody to use someone else's entrance exit for their construction that does seem a little odd to me >> there would be some sort of agreement access agreement or easement that would be recorded Ed, it would be between the two property owners. >> Okay. So, there would have to be agreement from that property owner to visit. >> This was platted back in 2014. Obviously, the building um east of the proposed building was built prior to 2014, but um I'm guessing there was some sort of agreement with that stub to the west back during that time with platting, >> but I can't say for certain. With regards to construction staging also, um the city does have a pre-construction meeting with every developer prior to commencing development of a site and and it would be at that time that we would have the conversations between engineering and the developer about staging where access um starting with the access off of 149th versus you know just using the existing access into the site. Um, so there is a process and there is there's conversations before work starts happening on the site. >> Okay. >> So just just to be clear, say we we want to be planful and we want owners to talk to each other. But if it were to turn out that there is disruption from the distra uh construction to the businesses uh at any time and so what is their recourse? They come to the city and and get ask the city to intervene essentially. >> Yeah, we can certainly do that. We we have we have um basically like mileposts along the construction project and we do have inspectors out when there are um uh different different steps and stages of construction. >> Thank you, Madame Chair. Um, you know, I I think the other piece to think about as a part of that is that the the adjacent property owner, Miss Madam's um concerns are certainly well founded because there's uh quite a difference between just a an access easement across private property versus getting in the way constantly or causing a disruption through it. So, um, whether it's it's for the two adjacent property owners to start those discussions, that's always a a good place to start is having the two neighbors have this conversation. We're kind of having it publicly right now, but also, as uh Anthony mentioned to as a part of a pre-construction meeting, um, that would also be noted as a part of that with the uh the construction team. So, I think that concern is is heard and uh wellreceived and and can certainly be addressed. Um, the other uh thing I could clarify if if uh we can here is that we're looking at the county's GIS and that the storm water pond outlot a just south of the proposed parcel um does show an owner ownership of KJ Walk. So that is not the the city's parcel right there. But that does show ownership by KJ Walk on that parcel. Just to clarify that comp. >> Did you hear that? >> Okay. The pond to the north across 149th Street West is owned by the city, but the one to the south is owned by the developer. >> Okay. >> So, Warren's going to get on top of that tomorrow. >> Now that you know you own it, >> you're going to maintain it. I hear the mower. Okay. Well, see, good conversations come from these things, you know, realizations. >> No wonder you didn't maintain it. You didn't know you owned it. >> Um, okay. So that takes care of the pond. Um with regards to both the construction as well as the any stacking from the drive-thru and encroaching on the neighboring property to the east. Is any of that things we should add into the conditions on our motion this evening? I don't I don't >> from the stacking exhibit that was submitted by the applicant, I did not see it being an issue of overflow that would disrupt flow from the property to the east. >> Okay. >> At least for the exhibit that was submitted. >> Okay. >> It would be a dramatically different conversation if it was like a seven bruise or something like that. >> Okay. >> So, I guess one knowing knowing that it's that who the tenant potentially is here. Um, >> but that tenant can change, >> right? And it can change. Um, so I went to my first like K Taco actually couple weeks ago in the one in Savage, so I'm familiar with it pretty recently. Um, that one did not have a drive-thru, but the and the food's delicious, so it' be great if that comes comes here. But like um the the food turnaround time was pretty lengthy. Um, so like from order to like getting your food, it was about 10 to 15 minutes. So if if that is not like mobile order pickup only, I could see a situation where that gets like backed up. And so I guess that's one of my concerns is could is there a way that it can be just mobile order pickup only so in the conditions or is that not something we could put in there? Um, Madame Chair, Commissioner Beener, I don't know if that level of specificity would necessarily be a good thing to put as a condition of approval in there. Um, kind of understanding that the issue that the commission is discussing the the drive-through as proposed does meet the requirements of the code for it stacking requirements. So, that's that's the one thing that the commission should be weighing in terms of its its approval or denial of of the application as it's presented. I think what we're pulling from is a lot of our own personal anecdotal experiences with different types of operators in there. Um, which is which is certainly important on the front end if there's a known um tenant going into there. Also consider the reality that tenants change over a period of time and years and that these buildings are designed for multiple tenants over the course of multiple years which may have lesser or more intense types of users within there. as long as it meets the the the um the the provisions of the code. We probably don't want to get too detailed on an approval process in there. Um it could be worth noting if the commission wants to have additional conversation on adding part of the um let me pull it up here if you can bear with me. But basically, the drive-thru conditions have stacking requirements, but also some sort of note that stacking for drive-through needs to be contained within the subject parcel's property or something something that to that effect. um basically putting the impetus on the property owner or the tenant or the the the building owner to solve for their traffic issues within their own parcel, not taking advantage of a neighboring parcels um lane or stacking or something something like that. And if that means that they designate certain parking stalls for you know you you place your order at the window, you pull into one of those stalls to wait for your food. This plan because it doesn't have a specific tenant in there doesn't note that. But those are solutions I think that we've probably all seen in just our our daily lives on how some of them handle it. So a certain level of trust to have the tenant solve that for themselves. But um that would be one suggestion I could offer is if you want to either add to one of the conditions or add an additional condition that drive-through traffic should be contained and maintained with onin the the subject property could be something to consider. >> I could see something like that. Like so hypothetically like a seven brew could become a tenant in this location. >> Hypothetically any any eligible restaurant user or anything allowed within the code could be there. We can't discriminate between users, >> right? And then by just saying it has to be contained in the in the property as opposed to like you know you can't take pull-up orders, it has to be mobile order like that that's the better way to solve it is what you're saying. That would be my recommendation kind of thinking through it on on the fly here because I think what we're trying to mitigate is heard by members of the audience is trying to stay ahead of any negatively impacting an adjacent property owner's use of their property. >> And I think that's what I'm trying to solve for too is what just making sure that spillover does not go into that other property. >> And and if the turnaround time is 10 to 15 minutes and they expand from just doing mobile order to taking orders that it is kind of the Culver's model, right? like you get your you get often you get your number and you have to wait for your food. Um which they could then have the parking spots certain parking spots designated for that. >> Sure. >> Would be a solution. But I I like that ad of the um of that just to call it out to make sure we we've got that >> um and to find >> Sorry, Madam Chair. Just to maybe further clarify that is listed as condition E conformance with all required standards associated with drive-through facilities and noting that drive-through traffic shall be managed and contained within the subject parcels property or similar language. >> Sounds good. um on the construction traffic. Now you mentioned that there's conversations that would occur with um ahead of construction starting. Is that something that that also should be noted as a condition at all? >> I mean we do have the condition a compliance with all comments and requirements of the city engineer. >> Okay. So that would cover that. >> Okay. I believe that would cover it. Okay. >> If I could ask one um related topic about drive-through standards. Um and this is uh um under standards number two. No use no use with a drive-thru window shall be located abudding any residential use or district. And so it seems kind of great. Can you explain how we're using a budding here and why this is not a budding residential? >> So with the roadway intersection intersection from the north, it's technically only a budding other MX2 >> uses. Okay. >> Yeah. It's with 149th Street located >> north of that property, >> right? >> So if this like if this was residential, then it couldn't be there, >> right? >> Yeah. Okay. My um my last question is my my small thing on the placement of the landscaping trees to buffer the the lights. Does that need any further commenting or was that something we can make sure gets taken care of? >> We can work with the applicant to make sure that that placement >> okay >> of the trees on that um along the roadway. >> Okay. >> Any conditions need to be called out. Okay. So, we've got the one adjustment to a condition. Are there any other comments or questions, concerns from the commission? Okay. And we close the public hearing. So, okay. So, with that, we could entertain a motion. Um, >> I've got the language, so I can do. >> Perfect. Thank you, Commissioner Ellis. >> So, I'd move to approve the site plan review allowing KJWalk, Inc. to construct a multi-tenant commercial building with drive-through facility at 2718 149th Street West subject to the following conditions A throughF with the addition at condition E that so it's conformance with all the required standards associated with drive-through facilities and an additional requirement that the drive-thru traffic and stacking be managed and contained on the subject property and not on the property to the east. Second >> has been moved by Commissioner Ellis, seconded by Commissioner Beadner. All those in favor, please say I. >> I. Opposed. >> Motion carries. This item does not go forward to the city council. This item is final um final by this planning commission this evening. There is a 10-day appeal period. Anyone in the audience that would like to appeal our decision this evening may do so by contacting city staff. With that, that concludes our public hearing section this evening. Is there any new business? >> Uh, none, Madam Chair. >> Any discussion items for the commission? >> No. Okay. I will just do a quick schedule review. We've got um the next fourth Tuesday of September, October, and November are our meetings. So, we've got September 22nd, October 27th, and November 24th. So if you have any of those that you are not able to make, please let city staff know as soon as possible. And with that, I will say meeting adjourned. Meeting adjourned.