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Lakeland Shores City CouncilSunday, March 6, 2022
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i'm called to order the lakeland short city council meeting for march 3rd 2022 kim we do attendance right off batter okay here acting mayor wilson here oh the heavyweight i do the pledge of allegiance i pledge allegiance to the flag the united states of america and to the republic for which it stands one nation under god indivisible thank you okay um are there any uh is there take a look at the agenda are there any changes anybody wants to put in play with none said uh we'll adopt the agenda i'll second it all those in favor aye aye okay the consent agenda the monthly claims the council minute meetings and the resolution on the polling place is that we we did that last time right again okay so good enough so that's all on the congenita consent agenda uh entertain a motion to accept the contender the consent agenda i'll make the motion okay okay all those in favor aye okay public comments help me kim this is we don't have anybody but chris here so the public comments would be for anything that's not on the agenda so we can blow right through that um now do we stop the meeting and start the public hearing is that what we're doing or um what we would do is go to item 4a yep and we would take a look at the staff report and see what's okay before you an application okay that would be most helpful so the city excuse me received an application for a cup for a home and remodelers business at 157 saint croix trail north the applicant mr christopher cross is here to answer any questions he's proposing to reuse the existing building and site for his home remodeling and building business there are no exterior modifications to the building or site proposed at this time so the analysis the consulting planner did the analysis of what is on site as presented by the applicant the property is located in zone d which is commercial zoning and they are showrooms and retail businesses are conditionally committed use that requires a cup um the applicant is proposing to use the existing building for his business headquarters he's relocating from another location he provided the site plan and some suggestions that he plans on doing to the property but again are mainly interior a project summary is provided which just refers to the site size there are two pids involved that would be part of the overall conditional use permit and it is again a commercial use the public hearing was published in the newspaper public hearing notices went out to all residents within a quarter mile the existing site conditions were reviewed and analyzed by the consulting planner and you can look at take a look at the zoning standards and the dimensional review and most of these zoning standards and the dimensions there's absolutely no change as i said the the applicant is using the existing building and not at this point planning to add anything um again at this point so the existing building needs all the city standards in terms of all the setbacks the interior lot line the floor area the building height and the impervious surface the application was sent to the wmo and they did not need to review this again because there's no proposed changes to the site parking and circulation analysis was done due to the number of employees that are going to be on site and there's an existing paved parking lot that's in front of the building and it does not have striped stalls there are the the required amount of parking would be the 10 parking stalls uh the applicant has stated that there's likely to be between eight and and ten employees on site as at a time but the showroom will not generate the same amount of traffic as a traditional retail store uh thankfully there's adequate parking available within the paper to accommodate both employees and patrons that are visiting the showroom parcel 2 is a vacant lot that is improved with the gravel gravel parking lot which the area could be used for overflow parking since the city's ordinance require commercial parking lots to be paved staff is recommending that if a condition be included in the cup that if the overflow parking on parcel 2 is needed on a regular basis that a plan for paving the existing parking lot must be developed and the paving plan would have to be reviewed and approved by the city engineer if in fact that were to occur that would be part of the current cop as it would be a condition of approval if you guys approve that um there's an existing accessory building located that's uh on the parcel that's approximately 900 square feet um part of your code states that on parcels less than one acre and size a maximum of 768 square feet of accessory building is permitted but because both parcels are being included in the cup the accessory building does comply um the further in the code it stipulates that in the commercial district one accessory building is permitted and that such building must be used for storage purposes related only to the business in the principal bid building no separate business is permitted to operate in that accessory building therefore staff is including a condition that the accessory building must be used for storage related to the principal building and business and that no separate business is permitted to operate from that accessory building um the the building is going to be used as an office and showroom the hours of operation generally will be from 7 a.m to 4 30 p.m and that was based on the applicant's application at what was stated in the application the hours are consistent with other businesses in the area and staff recommends including a condition that generally describes the activity on the site but does not prohibit employees from being on the site outside of regular business hours included in your packet is a draft actual cup with a resolution that approves that cup and the conditions of approval are clearly stated on that document if in fact this is approved both the resolution and cup would be recorded at the county which is the applicant's responsibility to provide a copy of that recording to the city the city keeps that on hand because cups run with the property if in fact the applicant at some time in the future the owner chooses to move from that location perhaps needs a larger location the cup would stay with the property and somebody else could operate this business so with that i'm sure you have all looked over the conditions of approvals suggested conditions of approval i don't feel the need to go through them if you have any questions for the applicant it would be an appropriate time to open the public hearing and then ask those questions well doing as i'm told let's open the publication yeah i'm not seeing a rush to the microphone at this point uh do you guys have anything good question i was gonna ask do you have anything dad um again just making sure i'm on the same page the exterior we're planning on probably signing it is that something that would need to be come back towards the forum not not at a cp level i don't think no and we made clear you've already started doing improvements you you own the property any improvements to the building could be made do we did issue the building permits that's not part of the cpp we'll see if he is for the use and that's what i was drawing yeah and that's okay so that's all the zoning isn't in that and that wouldn't be this okay my biggest one getting involved before no really no my biggest concern was yeah my biggest concern is not you know if you do anything in that parking lot uh the wmo and we don't want you to incur an expense and also not you know you don't like we had previous owners that thought they could just move the boulders and use that side exit every now and then yeah but we don't want that so i mean that'll be kind of one of my questions that we kind of brought up right and again if it's less is more if you're not saying i can't then you can leave it at that i guess but well you would have you'd have to bring it so this isn't included in the cup i will note too the city council members that it wasn't in the verbiage so staff did not analyze that she was not aware that you wanted to remove those the the council has every authority to add a condition uh that those boulders can be removed to access that exit at certain times if you would like to yeah uh being that i didn't see it in the packet i guess we don't really need to do anything i mean i noted on the site plan that there's an existing entrance it's on here though the thing that says it's going to stay accessed the applicant did mention when you came in for the concept plan that you would like that opened up so you don't have to go all the way around yeah i'm going to be coming from 94 most of the time i mean it's mostly going to be entering into the property um but i did confirm with the consulting planner that that was not part of the application in terms of the verbiage and that you wanted to open that up so if that part was not analyzed by staff okay so she doesn't have a recommendation on that that would again be up to the city council uh i guess that would be the sticking point and i know if that was you know i think we got more people here we got some residents here to oppose that that was known and i wouldn't be in favor opening that up right now at this time you said you know you said no i said no yeah i don't think that now yeah i think that's going to be kind of a bigger concern than just letting it slide through yeah and i mean i guess i'm asking why ah we've had to deal with that for i understand that's him but that was a bar yeah i know but then if if if he sells the property and leaves that access stays with the property with the ceo and it would have to yeah because that's the only entrance yeah but they have an easement so they still have an easement to get in and out of there because we can't you know in years ago when the county redid the road oh yeah we can't dump onto why not trail but it has an easement to get in a shared easement with barnes and the other place behind there so right now and i know when i was a road and zoning back when they did the county road we tried to get an access for that lot and they would not allow it so that's why they well that was to the county road though right we wanted the county road and also that and that's that was shot down back then so i at this time would not want to access for anything on that street right now to my understanding the easement is just a barns not that other property and if it's a contin conditional use permit if it's anything other than how we're using it again you'd suggested hours of operation that it can be used again it's that that was something i did someone bring up so i mean that's it's i i guess here here's where my catch 22 is the other time you were here that was kind of an informal meeting uh mayor councillor acting mayor and council members i will note that was a concept plan review it was not the request to open that up was not part of this application the applicant is restating that desire at this point the council has the authority to approve that the council has the authority to put conditions of of opening that up such as 7 am to 9 00 a.m and other barriers be placed back there at 9 00 a.m or whatever the hours the council so chooses the council also has the authority to leave it as is a condition can be added to if you want to um allow some flexibility with that access so if if not it's stated clearly in there that the access phase as is is this one is no that's for um barnes isn't it yeah that's a that's and that's the easement on one of the parcels the property line for that other gravel parking lot that other parcel is my understanding not part of that and i apologize council member schroeder said that there was a condition in there that that couldn't be opened up because that wasn't part of the application there is not that condition that states that that i see that it cannot be opened that it cannot be opened right because it wasn't part of the application correct um and therefore we don't even have a site plan for that either therefore a condition if you that what that means is because it doesn't there's no condition that relates to that specifically it would remain as is unless the council so chooses to add a condition like hours of times that it can be open again i noted that just for you guys on the site plan on page five of the existing entrance so when the people were notified that you were gonna apply for the cup did they get a copy of the this or just the notification that he's doing no just the notification of the public hearing the rest of the materials were posted on the city's website yeah i just think that i think most people in in the neighborhood are excited to see you you know and hope you do extremely well but if they would have realized that they wanted to oh that's a whole different it's kind of yeah that's a little bit slippery for me well i guess at this point so you're now i got to make sure i got this right because it gets a little confusing to me because it currently is stated in the cup that that entrance cannot be used or can be used it can be used it remains as is which is closed so we we don't have to do anything no no unless you choose to was the existing cup requiring that to be closed with boulders or was that just something that we had to do that so nobody because people kept coming in and out of there operating as a bar restaurant yeah whatever yeah well that's all it's been for the last 20 years so correct i mean again and then before the llamas weren't getting out before that no i mean i i would have i brought that up at the informant i remember part of it i mean i would have put that in there and i understand what you're saying and i understand what you what why you're gonna do that because you're i get it right tire's about three times more than yeah yeah i drive up and down the valley and you know i got to do it too the trekking company does it i can see then if that's open then i can see other people cutting through there and coming and then going through your lot and back around i can see the car guys hauling cars because they do that too uh that unload cars they'll unload a new lot or they might come through there and unload them it just i mean we've had it i mean how do they drive onto a private property to unload a car yeah well i understand that yeah but i mean yeah i how did it and i go with chris say okay how do they do that yeah i mean you they do it once you call the shirt if they don't do it again i don't know i don't have any other you know and then are you gonna have the rental i guess that's and i didn't for rental property or the upstairs is that usable or i guess that wasn't on there but you have you made a decision about the upstairs then what you want to do you rent that out i mean stay in a residentially zoned okay i mean if staying as is i guess i don't know if it's going to be a full-time rental uh you know i know you talked about temporary housing for customers yeah yeah that kind of stuff yeah yeah whether it's short-term or long-term rental it really you know yeah that works math lab maybe yeah that's that's down your list of ways right now is what i'm hearing yeah okay no i like the floor plan looks good i mean i hate to be that way but i guess i'd like if that's a ruling on that specific entrance to there it's you know again i noted it to be less is more i would have requested that if residents had an issue with that it's not a bar so i'm going to ask a question if you put a gate on there is that the equivalency i wouldn't i would say no okay i'm kind of looking for an alternative for you too true i mean i i cannot you know go south out on my property that i just purchased without having to go north to a roundabout legally in traffic right and we do a lot of work up and down the valley i mean you're you're gonna have multiple vehicles needed to make a u-turn there my truck unless i do it from the right-hand turn lane across five lanes of traffic i cannot go south out of the property that i just purchased so i mean it i mean i'm just saying other people they go up to the next round about and go around the roundabout and that you know but they don't they don't own a piece of property that has an existing access onto a public road my understanding also is the property line is actually the center of second street is what i've been known you're probably right i i yeah you're probably right i mean and then it's easement off to both sides but yes i just know what my street is and sometimes we've got some very interesting easements in this town because of the way streets have moved around and i'm less familiar i'm asking i mean just because residents don't like the idea of me coming and going that i don't know that that isn't an issue with me but then you know my biggest thing would be if and when that does sell the access is there you know and what the business comes and goes you know but that's down the future and i don't want to get into that um just um acting mayor and council members i will note that if in fact you allowed that access which i am going to make clear was not part of the application so i know you mentioned it but that's not part of the application less is more i put less and that's why i mean that's why that notes but that's why we do a site plan and and and it needed to be noted that you want that open so it could be analyzed okay now my point here is if in fact the council chooses to open that up for certain times that would that condition would remain with the property as part of the cup so if you left and somebody else came in and and understand did they would be subject to the same conditions whether that be a gate or seven to noon or whatever you guys decide it does sound as though two of you are not interested in opening that up no i i don't think so i think it should have been part of the study and to just kind of make up our thing right here yeah i don't feel comfortable well reading the tea leaves in the room i guess there's not really a lot of room to talk about it anymore because i mean we could pull it up and and have a vote on it but we've already got two guys don't want to have anything to do with it so i'm i'm just going to say well we'll prove the cup as written we would need to close the public hearing first oh i'm sorry can i ask a question oh certainly is this site plan part of the cup no well yeah it'll be recorded yes so this is documented as part of the cup that anybody and everybody could have had seen it with the note of an existing entrance so you're looking at the actual server there never was an existing run that was never an existing entrance then why are there boulders they had to put in there because people used it as an entrance no that that split in here is that i'm going to argue with you that is an entrance that is not allowed to be used yeah we're in the public hearing yeah i mean yeah i understand chris what you're saying and i i'm kind of on your side here right i mean it would have been a part of it if that you know even though it wasn't formal and again i would i would bet to imagine we'd have quite a few people here if they would the residents would know that and i just i i'm gonna have to say no at this time can you part of the funk of the caring or would it be the cop the reasons why it's unknown i just stated if they stated it i mean it's not kind of an interrogation thing so that i can because plenty of residents what is there is there oh sorry uh one okay so now in the spring we're gonna have road restrictions coming on so you wouldn't be able to use it on road restrictions come on with anything over the four times or yeah five times coming in there two just the people coming in and out of there and the residents we've always had an uproar and and three would be if that lot ever sold then we who knows what business would be coming in there and down the road and then they'd have access onto the city street is there or i mean are there any ordinances that says that that i mean that i can't act that's the only access basically on or off that piece of that parcel because that's not i guess that's where i keep getting hung up on this is that there is no other way off that parcel if it's separated it's if there's an easement on this outside no no i agree oh i know but but if it's separated that's going to be the entrance well i guess i guess we that's not separated right now so we don't have that we don't cross okay that's a circular argument but yeah you know if that can't separate it not right now because then they're that you're going to use that for overflow parking yeah i understand but then why are we talking about it being separated because that's where we came up into this yeah and and acting american council members i think it was very clear through the concept plan when he came that that was going to be an issue that's the first thing i addressed when i came here and i will just real quickly know when we say less is more i didn't mean don't include things on a site plan that's not what was intended here well i'm not pointing fingers i'm it's to me what we talked again talking about before it was a blocked existing it was a blocked access to that because people were using it to come on and off of the property so my understanding of that is that isn't access to the property that was blocked because of the use of a bar restaurant because and i totally understand having 40 people tear out of there at 2 o'clock in the morning i wouldn't want them coming down to my knowledge it was never an allowed access onto that property it never has been to my knowledge and access for that property been temporary temporary yeah so it is an access but not a legal access it's going to be an interesting ride hometown yeah we're neighbors i guess i i'm disappointed because that was one of the things that i you know was intending to use it for i guess yeah the feedback that i got from being proactive about it coming here well i stated that when you were here the last time two of you i know did yeah so well and i guess my question would be you know unfortunately that wasn't reviewed would be either you know if they saw that what i submitted as a site plan and it was a question with the city staff what did they if did they investigate to see if there was and say no this isn't an existing entrance i mean whose responsibility is it to review the site plan that i submit and ask if there's questions i can absolutely answer that acting mayor and council members the uh part of the application which all of you have a copy of which is also on the website there there was no mention of opening up that access that is the verbiage on the application which clearly the application states what are you going to do on this site the consulting planner not reviewed not only the application but of course the site plan and it wasn't addressed because it wasn't part of the application it was mentioned at a concept plan review but it was not part of an application is this is the site plan i provided part of the application absolutely is it on the site plan i look at the site planner i i don't see that that there's anything that says you want that opened up i i don't see that i was under the impression it's existing so i mean if somebody's reviewing that and they they're familiar with the property then and they say well what what is this existing gravel lot access with no curb what is that the consulting planner does not come out and do a site visit if that's what you're asking they are reviewing what you provided um again there was no i i'm not going to get into a the uh he said she said the consulting planner did not review that request because it wasn't part of the application and i specifically asked for that because you had mentioned it at a concept plan review so when you asked her that did she refer to the site plan i provided and questioned it she had already reviewed the site plan what was when you asked her that what was that she said it wasn't part of the application and i guess i would i would push back because the site plan is part of the application and there's plenty of things that are on this that you guys are that is part of the cmp that i did not specifically write i just i didn't ask to keep the easement for the bars on the initial use permit what else you didn't ask for what i didn't make any note that the existing driveway easement was part of the conditional use permit i mean it's on the survey and it's recorded but that wasn't part of anything that i wrote down but got some that got on the condition any change to the use and the site needs to be noted i mean if if the applicant if this is a deal record that the council has every right to table this and it can go back the other note i have on that isn't noted i have removed trees for vehicle access to the back of building is that approved because that's not on the conditional use permit either is that something that i'm not able to do did you read through the conditions of approval that's the page here the draft cp that's in your packets notes the conditions of approval if in fact it's approved you hmm one question you guys brought up is the parks will be in gold number three is that it has to be collectively at the parcels and may not be sold independently without amending this permit yeah man my assumption would be that any other business unless it's exactly what i'm doing would have to go through this whole process also so you know looking forward to having another business in there you know on what i'm able to do is kind of in my opinion looking a little farther down the road than what we're asking for that being stated cp's run with the land so yeah that's why there's a value to them where are we at kim i mean we're looking at everybody's kind of look this over i guess i don't have anything more to say about it other than uh we've still got a public meeting going on and i'm it's kind of you have brought this up and would you rather you know we can table this and come back to order do you want to see you pee as it is for now because i take the cup as it now and if it's all these speculations i mean this is stuff that can be brought up in the future right kim oh yeah but it would yeah but i would uh first close the public hearing yes yes okay i just wanted to make sure that you wanted to move forward with what we have so far i have another question on that the where you're going to have your over flow parking you plan on having anything else in that lot nothing different i mean occasionally a trailer truck not a bunch outside storage or containers or anything like that currently there are because we're not done there's two semi i'm trucks looking for eyesores because i know i mean you know i'm a carpenter remodeler myself but we welcome businesses i mean i think it's great that you guys are moving in and we want you in here and better i would say the better the property looks the more business you get you know mm-hmm and you know well aware of that yeah i don't know handling more business i don't know if i can i know but you know what i mean yeah and so people will be welcomed by that so you don't want your remodeling business in a lean tube so yeah i have nothing okay jim you okay yeah no okay close public meeting we're back to that other thing now that city council meeting okay guys um let's address this if and is this time to call a vote kim uh if the council states it a motion would be made for the resolution to adopt the cfd as presented okay can i get one of those from you guys i'll make a motion okay to uh this is the motion for resolution 22.04 yes okay i have a motion i second the motion okay all those in favor aye aye thank you chris thank you yeah yeah thank you do i need a notarized or that she said i have this violet or do i need times there's a lot of paperwork we'll have to do so are you moved in yeah right after right after all three eyes you moved in of course of course oh yeah a little button in his pocket dining room side of it we turned into our offices put it out there do you have any other things available i don't know maybe yeah i think that's good well thank you breaks those things right thank you very much have a good evening good luck thank you staff council and staff reports i have nothing at this point um tim i really don't have anything i'll let you touch well i'll let tim do the fire board because i'd happen to miss the last fireplace oh i have nothing yeah i know the fire board was just fine yeah i think that this next month will be meeting in person well that's good i know i got just i think you did too i don't know if you did but i got the lower sanctuary valley fire protection district uh what is it again tim it's our audit yeah i'm gonna give to you just thank you every year oh yeah okay so this is the stuff he preheated yeah that's at mike yeah yeah that's uh uh every year we have because of the size of our budget and the fire department has to do an audit does that mean he's going to be there probably [Laughter] mike he's a slow talker so it's um just from my own personal experience you're going to be learning a lot over the next year yeah yeah and the one thing that a lot of guy and i'm sorry i'm doing this a little differently but one thing about it is is that i think the one thing most guys stumble over is the relief association that's just it's a tough one to get involved in okay um i don't have anything i have one more thing to add for you during the uh uh city clean up day has been set with the surrounding communities the same as last year may 7th from nine until or eight till noon nine to noon eight until eight till now oh nine to noon yeah you said something until noon may 7th yes yeah may 7th it's a it's a it's a uh i know tim and i are down there oh i went last year yeah yeah i was throwing stuff in there all of uh showed up oh yeah john yeah john he's a hard worker three years in a row yeah four years in a row i don't know yeah it's a uh it's just amazing what people collect anyway uh that's it i'll make a motion to close meeting i'll take i'll take a septa motion for that i'll second it all is in favor aye aye aye thank you you