All right. I'm going to call the city of Oak Park Heights planning commission meeting uh at 6 o'clock. Uh first order of business is uh the pledge of allegiance. You can all rise. I aliance 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. >> Before we get to the approval of the agenda, I want to welcome our new face, Commissioner Stimfell. Welcome. Uh Mr. Kramer has uh vacated his duties, moved over across to Wisconsin, so boohoo to him. But we've got a great uh great replacement here. Uh so welcome to uh the plan commission. >> Thank you. Very excited to be here. >> Thanks. Um all right, back to the agenda. First up is the approval. Do I have a motion to approve the agenda that's in place in front of us tonight? >> I make a motion to approve the agenda. >> I second. >> Got a motion and a second. Any discussion? Hearing none, I'll take a roll or not a roll call, take a vote. All those in favor say I. I. I. >> All right, agenda is good to go. Next up is a meeting minutes from um August 14th. Um I did not see any conflicts. If anybody else saw anything, speak now or forever. Hold your peace. Otherwise, I'll take a motion to approve. Don't everybody jump at once. >> Make a motion we approve the uh >> what was it? August 14th >> minutes. >> I second that. >> Got a motion in a second. All those in favor say I. >> I. >> Carries. All right. Next up, uh department commission liaison reports. We don't have uh city council member Ligrin, but uh city administrator, do you have anything to bring to the group today? Uh just really quickly uh Mr. Chair and planning commission members uh we're still working on having the training. I think I've mentioned before about a training for the planning commission. Uh we were actually we were looking at having it for this meeting and due to the fact that we have three items on here figured that we'd punt it to a future uh meeting. So tenatively uh plan to have our our city attorney here at the November meeting uh to lead a uh planning commission training. We'll see how that agenda shakes out. if it gets full, we'll push it back. Um, but don't anticipate as much as we have this evening. So, that's all I have tonight, Mr. Chair. >> Yeah, thanks for bringing that back. Um, looking forward to that, November. And without anybody else here, keep rolling right through this. So, next up is a visitor public comment. So, this is an opportunity for anyone in the public uh to address us uh the commission with any questions or comments on issues that are not part of the agenda. And if you have something you want to bring up, please limit it to three minutes in length. So the agenda items that we do have um as a cup for a uh an accessory building in someone's yard um the dispensary uh cup and still water auto or central auto um cup. So, anything beyond those three, please, you're welcome to come up and uh share your comments. Okay, seeing none, hearing none, we're going to jump right into the public hearing. First up is Nicholas and Jessica Ross's CUP at 5420 O'Brien Avenue. Uh Scott. >> Yes. Thank you, Mr. Chair, members of the commission. Uh the applicants have submitted an application uh for a conditional use permit. is for a placement of accessory building in a sideyard um at 5420 O'Brien Avenue. Uh the accessory building that they proposed is 80 square feet be located on the north side of the garage on existing concrete slab. The property is zoned one single family residential. The um Rosses have provided uh some justification in their narrative uh why they uh feel it's necessary uh for this request. Um there's already the concrete foundation as I indicated. Uh the north side of their backyard is downhill from the neighbor's yard and has quite a bit of uh water runoff and found the foundation may not be stable. Uh they have limited area in their backyard flat enough for that to shed uh several trees um uh also in their backyard in uh which prevent at least according to them their ability to uh provide that location for a shed. the um requirements for the uh accessory buildings. Again, uh uh the ordinance requires a rear yard placement, not a sideyard placement, but we've had a few of these over the years. Uh not a considerable number. Um but uh this request has has come up. Uh used to be a variance request, now a conditional use permit uh for uh uh for this ask. The um applicants have provided a site plan indicates the placement of the structure 2 feet from the house and 11 ft to the property line. So they meet the sideyard setback, but they're only two feet from the house and building code will require them to uh uh you know do certain uh construction uh uh provide construction elements uh to that sideyard adjacent house for uh for fire reasons, building code fire reasons. uh city engineer uh has looked at the uh drainage again with that existing slab. Really not an not an issue. It's not really new hard cover on this site. The uh uh report goes through the goes through the criteria for conditional use permit review. Staff did not really see any um uh issues, but the planning commission should uh and probably already have reviewed those criteria. And uh if you are so inclined to move forward with this request, uh there is uh a list of conditions kind of the standard conditions we would use in in such a u an application. Uh Jake has the uh pictures uh on the board. There's the the slab uh for that sideyard um shed. Anything else, Jake, that uh >> uh >> Yeah, backyard pictures. >> Yeah, there's the backyard pictures. That's right. There's apparently, according to Julie, there was a a daycare there. Uh so they had some interesting landscaping, but it was appropriate for the uh appropriate for the uh uh for the daycare that was there. So, any questions at this point? I don't have anything for you, Scott. >> Neither do I. >> Nor do I. >> All right, you guys. Good. >> Okay. Um well, if we have nothing for Scott, I'm going to open the public hearing for uh this item at 607. And the first thing to bring into the public hearing, I'm going to share the quick comment from the neighbor, Alex Palumbo. Apologies if I butchered your name and you're listening or are in the room. Um but the adjacent neighbor is uh fully in supportive of building the plan on the or building the shed on their property. So immediate neighbor support is great to see. Is there anybody here um from the Ross household that wants to come up and comment on anything? >> I'm here, but you said everything that was necessary. >> Your name for the record? >> Nicholas. >> Okay, Nicholas. Okay. Thanks. >> Uh I guess I only have one question for you, Nicholas. Uh, if you mind coming up here and braving the the podium for just half a second. >> Uh, all right. So, my only question was, how long have you lived there? Because looking back on maps, it looked like there was a shed and now there's not a shed. So, you must be a new owner. Like, what? >> We purchased the house in July. I noticed the shed on the Google maps. At first, I thought I wouldn't even need a permit. So, I'm happy I looked it up. >> Yeah. >> Because I thought there'd be a good place to put another shed. >> So, >> all right. It's not ours, but there has been one there. >> Yeah. Okay. That's I was like, that's an interesting timeline, but not a big deal. So, um, cool. Thanks for being here. That was the only question I had. >> I hope you didn't think the shed was part of the home and they took it. >> Okay, good. >> Awesome. Anybody else from the public want to speak to or talk about the cup? Seeing none, hearing none. Um, >> I make a motion to approve. >> Second. >> Oh, >> we need to close the public hearing first. >> Had to jump the gun. >> You're on it. So, we need a motion to close the public hearing first. >> Make a motion we close close the public hearing. >> I second that motion to close the public hearing. >> Got a first and a second. Any discussion? Hearing none. All those in favor say I. >> I. >> All right. >> I make a motion to approve. >> Second. >> All right. >> As recommended. >> As recommended. With the conditions in the report. >> With the conditions in the report. >> I heard a first or a motion. Jen, you had the second, I think. All right. So, all those in favor say I. >> Good luck on your new shed. >> Thank you for the patience. Seeing so many in the neighborhood, I'm kind of surprised you had to do this as well. So, easy peasy. Um, this will go. So, we're recommending body to say this for everybody in the room. So this will be um at the city council meeting which will be on Tuesday something >> October >> October 28th. >> All right. So um city council will take a look at this as well. We have recommended to them to approve it. They'll be the actual like approver approver. I don't see a problem. So thanks for being here. You can hang out if you'd like to. Otherwise, we're going to move on to the second uh conditional use permit of ABJKM Holdings um for 1460th Street North for uh CUP on a dispensary business. >> Yeah, the uh proposed retail dispensary will be in the Joseph's restaurant space uh where proposed to occupy the entire building. Um expected the restaurant will move to a different location area. that location has not been identified at this point that I'm aware of. Um the business would be known as Mango Cannabis. Uh there's two sections of the code uh city code uh that regulate um uh cannabis businesses. Section 1413 uh of the city code regulates the operation of cannabis and hemp businesses. And section 401.18 the zoning ordinance addresses the zoning requirements for cannabis and hemp business operations. uh there is a narrative uh found as uh exhibit one. The full narrative is found as an exhibit, but I did take the first couple of uh paragraphs from their narrative just to introduce uh the real estate holding company, the ABJKM um and the LNF Holdings uh uh for the property located at 14608th Street. the um and Boundary Waters uh excuse me, Boundary Waters Capital be the license holder of the cannabis business uh property is zone B2 general business district. Um the section of the zoning ordinance lists cannabis retailers as a conditional use in that uh B2 general district. uh Boundary Waters Capital LLC has received their pre-appro approval from the Minnesota Office of Cannabis Management uh for a micro business license that uh needs to occur first before uh they could come forward uh for a public hearing uh for this consideration. Uh the definition of micro business allows for both the growing and the uh the retail sales can products, but our B2 district only lists it for retail sales. Uh so we uh do limit it uh to uh only that uh that retail aspect. Uh the condition use permit criteria is listed uh within the um uh within the report and you should uh probably have already looked at that and considered uh any issues uh that we will discuss tonight. Uh applicant has also provided uh comments regarding the land use and the conditional use permit. Um I'll just read those. The proposed facility meets all zoning and buffering requirements set by the local ordinance. Uh the property's main road location, ample parking, and commercial zoning make it compatible with surrounding land uses with limited hours, strict uh access controls, professional security plan. The facility will not negatively impact neighboring properties, public parks, or community resources. And then all exterior modifications of the uh building will uh will be required to uh follow necessary permits and approvals from the city of O parkites uh within the standards of the B2 district. Uh going through some of the requirements of the zoning ordinance. Uh the minimum buffer requirements. Uh there is a map that was included in your packet uh that shows the uh this particular location uh just meeting that that buffer requirement. Um, again, these requirements, uh, the, uh, buffer, the noise, odor, these are all regulations from the state of Minnesota. Um, the state did not give us a lot of leeway in and really making any uh, of our own regulations. So, we essentially they said, here's the regulation, cities, you follow them, which uh, we have um, we have within our our ordinance requirements. So, again, the buffer requirements are met. Um you know there will be condition related to noise related to odor uh hours of operation they proposed to meet the hours of operation that was set by the state and by the city. Uh signs uh will need to be addressed as part of a sign permit. Um lighting uh security outdoor use no outdoor use being allowed either. Again, these were all state requirements that that were put uh within our our ordinance and and will be conditions uh uh of approval. At this point, uh the applicants don't have not proposed any changes to the building. I I assume that uh as they uh move closer to opening uh that they will may come in if it does require design uh standards review uh that uh we would probably see this again if they do make some significant changes to the building. But this at this point they're not uh uh not looking at that. Uh parking um there's um the parking requirement for this site as a retail operation would be 11 stalls and there's approximately 60 uh parking spaces on the site. There is a surplus of parking because they're not doing anything related to the the parking lot to the building. Uh we would not do a review based upon our code uh of the uh uh parking or conditional use permit for parking. But again, if they do come through with some changes to the site, we would look at that again. No issues with grading drainage, no changes utilities, uh mechanical equipment, trash and recycling, etc. So, if if you are so inclined to move uh this forward, uh there's a list of kind of our standard conditions that I've been discussing uh related to um uh related to uh this particular business. We did uh do a notification uh obviously for the public hearing. Uh our city uh goes 500 ft from the property lines. Uh state statute is 350. Uh so there was a you know we do exceed that state requirement for uh uh for notification which for a business like this I think is important but it's for actually for any public hearing it's important. I think we go a little further uh than the standard state requirements. Uh so with that any uh any questions? Um, I think my only question is about the youth services building. That's does that not fall under any of those parameters of >> I don't believe it does >> service for >> Yeah. No, Muff requirement. >> Yeah. schools, daycarees, residential treatment facilities, or specifically attractions within a public park. Right. >> Yeah. >> Okay. >> Gentlemen, ladies, are you talking about >> we'll we'll have an opportunity to have a public hearing. This is just going over the cup. So, we'll get there. >> But to answer your question, this is the one that you're here for. >> I apologize. I'm late. Johnson. It's >> okay. >> Yep. We're all good. We're here now. >> I didn't have any other questions. >> So, where is the where is it on this map? >> Where where uh >> M Mr. Chair and commissioners, if you look at uh on the left side there's um my colors. I'll call it magenta um building. So, it would be just to the right >> 1460. >> Just to the right of that. I'm >> 1460. >> I am. If folks could silence their phones too, please. Um, I am highlighting it here with my cursor. >> Yep. So, right outside of the daycare. >> So, in this, keep in mind too for this type of use, it is not measured to the property line. It is measured to the actual building. And so, it's um from from this this structure, it would be to the actual building, not even to the property line for that type of use. Yeah, they're probably maybe 5 10 feet from the actual property line. >> Yep. >> Okay. Thank you, Scott. All right. So, now is the opportunity that we're going to open the public hearing at 6:19 for this conditional use permit. Um, first up, before we bring people to the podium, I'm going to share uh that we received two letters from the community. One from uh I'm going to butcher this again. I'm sorry. Uh, is it Donna Gustinson? Gustoson. >> D. >> Da. Thank you very much. Um, very uh uh great letter. Thank you for submitting this to us and for being here. Um, and uh in opposition to the cup and we'll hear from you here in a second. And then we have um also from Chris Addington um received uh just this Thursday. So also in opposition and these will be submitted in the record as well. So um all right if we can have anyone from the application team want to step up and u go over anything that Scott might have missed additional details and might have some questions from us first. >> Sure. Good evening Justin here with >> Kevin Pat. Yes. Thank you uh Scott for your overview. very detailed. Uh, as most folks know, this is currently known as the four as the Joseph's restaurant and, uh, the use would take over the entire restaurant space and as was disclosed, uh, they're working on relocation of the business within the Elsa area or community. Um, so it's all we know at this time. Um, also this won't happen overnight. Should we get this approval, move forward, not have to kind of fine building plans and so forth come back? We've gone through the design stage looked in within the ordinance. So there may be some also be some exterior changes around those at this time. We'll follow the ordinances. Um the building itself plays out very well for the use with the ample parking, the main frontage, the lighting. Um the type of use that is there now, adjacent uses. So uh we're looking forward to putting uh support for this as uh as outlined in our application as well as Richard also laid out if we meet and exceed all the standards for the for this use. It's again a B2 area for uses. Um also the state requirements of the buffers that was touched on so forward to answering other questions and you know sometimes change can be difficult but uh the operator is very well seasoned and you know it's always a good community partner and hopefully as I slowed before there's work on relocation as well on other brands. >> Thank you for that and thanks for being here. um let you guys go first if there's any questions for the applicants. None. None. All right. Yeah. I think the only comment was one of the recommendations from uh city staff was that no growing. Obviously, that's in the statutes. There's no intention, no plan of growing. That's probably the only question I've got. >> No. Yeah. No. some v2 in the United type allows for that sort of vertical integration or micro style but no allow for so now andor the future >> and then the expectation that Joseph's is leaving I think that was maybe a word that was put in our paperwork here so is it a cart before the horse issue are they planning on moving they just need to find the location like is there any context without traversing a legal line that you can I share with the group. >> Yeah. So this kind as you mentioned M chairman. So this is kind of one first step in our process too to make this a reality for the site to transition to dispensary uh to be rebranded and so kind of taking care of the egg with both tracks. We have an existing business that obviously been the community for a very long time as well and so working on that but they couldn't move if this use isn't approved for us to come here. So, um, nothing concrete that we can speak of right now or disclose, but, um, you know, I can happily say that they have other real estate holdings and they are working on a relocation. >> Sure. Thank you for going into that. Nothing else for these guys. M, >> Mr. Chair, maybe if the petitioner too, I I know you'd mentioned that uh, seasoned operator, but maybe you could mention of some of the locations of where you operate currently just for the the commission. >> Uh, yeah. So, uh, currently Mango operates in four states. We operate in Oklahoma, which is our home base. We've got 10 stores there right now. We're in New Mexico, New York, Michigan, and then Minnesota is going to be the fifth state that we're going to be operating in. Um, so we do have numerous locations planned around the state. Um, this is going to be one of our first locations that we do open up in the metro area. Um, and I would expect a complete remodel. I mean, we're not going to make any structural changes. will follow our ordinance, but I would expect plans for you know a complete exterior remodel and interior remodel. So uh and then I I would be uh happy to share with you guys uh you know a small deck that we share with other municipalities that give you gives you a breakdown of our company, what we've done, all the local communities that with um we're definitely very involved. We're a small family-owned company. Um so we're not a publicly traded company. Um, and we look forward to uh servicing the the citizens of Oak Parks. Thank you. >> Yeah, thanks for that additional background. Um, I would say probably having the slide deck ready for city council might be valuable in case there's additional participants. Maybe not. Or you can have that in your program. >> Mr. Chair, we could certainly add that a part of the packet. Um, I think that was the one that maybe we went over. Yeah. >> Yeah. >> Because I think the context of like this isn't somebody out of their garage. It's seasoned veterans. You're business owners. There's history and knowledge and experience multi-state. You know how to navigate. You know what's going on. So, um, perfect. Thank you, gentlemen. I think we don't have anything else for you. >> Thank you. Let me know if you guys have any other questions as well. You can always reach out to Justin or myself. Be happy to answer any questions. >> Of course. Thank you very much. >> Thank you. All right. Now, for the rest of the um people here in the audience, if you guys want to come up one by one, try to limit your feedback, comments, questions, concerns to three to five minutes. We'd love to hear who you are, maybe your address, and what's on your mind. If you can please come up to the podium whenever you're ready. >> Hi, I'm J. Gustoson. I'm a doctor of clinical psychology at New Psychological Services. I've been in practice in this area for decades. Prior to that, I was clinical director for Cody Mental Health Center and also for family means many places in Minnesota. I've also been a forensic psychologist doing presentence investigations for five counties as a clinical psychologist. And I want to make some comments to these gentlemen who are interested in this kind of business. I am in the business of helping people with mental disorders and substance abuse. We do know that adolescent experimentation 47% of the time leads to adult experimentation with harder drugs. What are these harder drugs? heroin, cocaine, and fetamines. We are several practices right next door to this upstanding business that may be helping the community. But in what way? People in mental health and substance abuse such as Mike Hudley, have been in the treatment of people wrestling with substance abuse our whole careers. I see people every single day who are trying to recover from pot. I've hospitalized three people in two years who had psychotic breaks from pot. These are 18 year olds recently a 23 year old. There is a genetic factor in some of our brains that when we do marijuana excessively we can have psychotic breaks. This is a cost to society. It's a cost to the patients wrestling with that. One of my 18year-olds had to drop out of college with a full golf scholarship because he had his third psychotic grade for marijuana. Now, that's a rarity, but if it's you, it's 100% and if it's your child, it's 100%. There are other ways to have businesses. Uh the location of this is in contrary to the mission of the new psychological services Mike Conley at youth service bureau and the location is some a place that we oppose to our patients go right down that road and this could be a trigger and not a healthy reminder. It is very different than a coffee shop, a gas station, a a car wash, some of the other things. Marijuana is not a benign substance. And frankly, it isn't. I don't care if people smoke here and there. But what a message are we creating for our young people and our young adults? I I even brought transcripts of some of my notes from my patients. I can appreciate these gentlemen's desire to make a a buck. This is the United States and I understand you've made millions on this as a 35y old. >> People get to have entrepreneurial spirits for the people in mental health and substance abuse treatment. Can we have something other than that right next to our buildings? >> Do you mind if I ask what the address of the new View building is? It is 6120 Warren Avenue North. It is right across the street from Swantes F. >> Oh, so New View in this youth service build. Okay, got it. >> Sorry. I own the building. I was the only one who got a notice about this. I went to tell Mike about it. I had 5 days to tell people. We were all appalled. I told Healing Waters about it. They're appalled. Action Rental. I'm sure many of you got calls from them. their fault. It's not a good location for our businesses. What we know, I thought I sent some of you on council statistics about what it does in the for property owners. Increase police involvement, increase armed robberies, reduce property values, increase loitering, increase vagrancy. Now, is that something we want for our beautiful community of Old Park Heights? Maybe these gentlemen can run some kind of a different business, but this is all Google. This is all Google. So if this is if we want to be the dope zone of the Twin Cities, just go to Old Park Heights. You you'll see everything you want on your way to your cabin. And by the way, it's illegal in Wisconsin. I would hope we would have a different vision and mission for our city. I understand that Waltz passed that law. I don't think he has scholars talking to him like myself who have studied this who know what it does to hypocampus who know that it prevents encoding of memory in this little almond area of our brain and it also pre prevents retrieval of information. So if we want to make our culture dumber, let's have everybody stoned up pot. And again, I don't care if people do it here and there, but what message does it have to our community? And I too am a pillar of the community despite their efforts. I donate horses and ponies for 4 kids and have for 25 years. I pay for their dues. I supply all of their travel. I teach Sunday school. I have been a Girl Scout leader and a Brownie leader. I'm a choir director for my high school, my junior high kids at my church, H and I. So, when we talk about community doing, we have to ask ourself who's going to be doing it and what is their mission? Is it what kind of flavor do we want to our beautiful city? I mean, I don't know. Maybe you're all in it because you think this is going to bring us money. Is that what it is for you all or business? But what kind of business is it going to destroy like mines and my companies with you service? So do you want to ask me any questions? >> I was going to welcome the same thing. Thank you so much for all the the background and your story and the history. So thank you for being here and expressing the concerns that you have. Anybody have questions, comments, concerns for Dr. Gustoson? >> What's in it for you gentlemen and ladies? What? >> So, we're here as a recommending body before it goes to city council. So, we we're here to evaluate whether this meets zoning ordinances, whether there's um permitting issues, which is why they're here for the CUP. So we're we're very to simply put it probably by the book and then there's the city council layer where it's all right. We're ticking all these boxes at the permitting level. They can evaluate community need tax base. So I'm not trying to punt the punt the ball too hard here, but we're we're very much by the book what's on paper. Um we obviously have no skin in the game. We have no investments going to anyone here whether it's the auto auto shop or the dispensary team. So >> I hope that answers your question. They are they are here doctor to uh apply the facts to our ordinance >> and that is purely what the planning commission what they are their purpose is >> and I can understand your purpose then but for old park heights how many are we going to be allowing in can you answer that >> at this point the council has said four >> well why does Hastings only want one and they're a city six times times larger than we are. What are we 4,700 people? >> The city council set it at four. >> Okay. >> And how about Still Water? >> I believe they were set at three. >> Yeah, I believe doctor I believe they're at three. >> What about Lake Elmo? >> I I don't know. >> Okay. >> They have different comprehensive plans. >> Uhhuh. >> I mean, every city's different. You know, the city council talked about this just for the planning commission's benefit um at several meetings. You know, we had our legal counsel here reviewing it, what the options were. Um unfortunately, you know, the state made the decision that um they're going to allow cannabis um in the state. That that was not anything that the city came up with. Uh so when that came out, the city council discussed it. uh you know, not speaking for the city council, just based on those discussions though, uh they didn't want it to just be one entity would have a monopoly on the business here. And that's how they came up with, you know, how about four uh we have many other businesses here, sectors, uh coffee shops, car washes, banks, you name it. Um where there's not just one business. And so this wasn't anything that the city council took lightly. in numerous discussions about it. Um and um essentially I mean we are here to review if this case um and this petitioner meets the criteria of our ordinance that's before the planning commission. >> Well, thank you for your time. >> Yeah, thank you so much for your dedication to our community. >> When is this a done deal? Then is there any other steps? I mean, my residents don't know about these. This other businesses weren't notified. >> This is the first step. >> Okay. So, this isn't going to be decided on by October 28th and then it's done. >> It goes to the city council on the >> city council. The city council has an ultimate >> um >> I would recommend attending that city council meeting on October 28th. >> But do we have 20 days then for the businesses right next door to oppose this? Is that the time limit >> they should be sending in letters and >> Okay. >> Yeah. >> So, anyone within 500 ft >> was notified. So, since your business is uh obviously within 500 ft, those individuals are notified. Same thing that um probably Lake View EMS is a little outside the radius. Action RA should get one. I think the music school behind there should get one. So, we're going that is also above and beyond the minimum expectations. So, >> Mr. Chair, those notifications have already gone out. They were sent out 10 days in advance of the public hearing. Uh, so there will not be another notification for city council, just so we're clear on that. >> Well, actually, Brent didn't get it. I can tell you that because I met with >> if there is a different owner that's out of I don't know what the situation is, but you know. >> And can we work to change that statue? 10 days by the time it gets in the mail is 5 days. We've had bad luck with postal deliveries. All of you know that that's very little time for private business owners like myself to cancel patients, have meetings, write letters, study the reality of that. If you could give people 31 days or something, 3 weeks, if you could change that statute because it's not appropriate notice for people. If you want to change the statute, then you should talk to your legislator. I mean, that has been a long-term public hearing notice requirement uh in the state of Minnesota. >> I can appreciate that. I'm just voicing an opinion from a business >> person who got a letter 5 days before. >> And didn't understand what it is. >> Yeah. >> Thank you. >> Yeah, of course. Thank you so much. >> Thank you. >> Thank you. >> Is there anybody else here that would like to come up and speak about this UB. All right. I would entertain a motion to close the public hearing. >> I move to close the public hearing. >> I second. >> Not a motion and a second. All those in favor say I. >> I. >> Any discussion from the group about the recommendation? The only comment I would say is uh this isn't about our own personal ethics or morals, right? It's the facts >> and it's the purpose that what we're here to do >> I completely agree with that. >> Yep. >> Um >> I I just don't like the fact that they're not even in our state. They're not even local. They're in different states. It's like a little Walmart for marijuana. And I I'm not totally sold on the fact and I've I've voiced this before. This is going to impact our community. It's going to make it worse and it's going to cost us money. >> How do you know that? We have how many alcohol and liquor stores around? Doesn't alcohol have some of the same effects that >> doctor >> It's not specific to our community. There's alcohol stores in Wisconsin. saw plenty. >> Mhm. >> So people in Wisconsin go to the liquor stores in Wisconsin. >> This is going to be concentrated. People are going to come over the border. It our community is already a drive-thru. It's already trashy with that cigarette whatever store they have right ac with the loud lights across right across the highway from this. It's trashy trashy trashy. I think that's the following the conditional use permit criteria following the recommendations >> to turn their lights down. They come in here and bulldoze and do what they want. We can't get the people at at the vape shop to to tone those lights down. It's trashy. >> That's why there's signage. >> I understand. We got to find, you know, I it's it's not set right with me that I voted yay for this marijuana thing. And it doesn't sit right with me. I if I could go back in time, I would say no. And I know that whatever is done is done. But it's it doesn't mean that it's I and I've said it's going to impact our community and it's I don't agree with it. I don't know why I did it. Um yeah, that's okay. Just to remind the the uh planning commission members that uh your uh recommendation tonight is based upon the criteria in the ordinance. And if you do see It cannot be based on personal feelings. It has to be based on the ordinance. >> Well, I would entertain a motion to do something. If you want to amend any of the recommendations, take it as is, deny it, any of the above. >> So, are we closing the discussion? >> Yeah, we don't need a motion to close the discussion. >> Okay. So, I make a motion to approve this business to Oak Park Heights >> with the conditions >> as listed. >> As listed with the conditions as listed. I got to get that part right every every time. >> Uh we've got a motion. Is there a second to the motion? >> I second. >> We have a motion and a second. Any further discussion? Hearing none, I think we're gonna want to do a roll call on this one. >> Nelson, >> yay. >> Sinfeld, >> yay. >> Van Dyke, >> no. >> Husby, >> yay. Motion carries. This will go to the 22nd. Tuesday the 22nd. >> 28. >> I should probably write that down. 1028 in bold on the sheet. >> Okay. Thank you so much. If you'd like to stay for the rest of the time, you're more than welcome to. Otherwise, we're going to move on to the third and final agenda item, which is Stillwater Auto Holdings, 1481959th Street North, otherwise known as Central Automotive. >> Yes, Mr. Chair, members of the commission, the uh applicants have uh submitted this conditional use permit. It's for a parking lot expansion. um application consists of request for amended conditional use permit uh from the original conditional use permit for the auto repair facility and um then a conditional use permit for a number of parking stalls and site plan review. A site is 2.6 acres in size, has some tree cover. Um the conditional use permit and design uh guidelines site plan uh review was approved in 2019 for the original construction of this site. Uh we have been talking to Mr. Trimmer of Sill Water Auto Holdings, Central Automotive uh for some time about additional parking uh at the site. In fact, he when he first came in uh uh knew that, you know, if his business was uh expanding and and growing uh that he might uh come in for that expanded parking and here he has made that application. the uh conditional use permit, the original condition use permit was allowed uh required uh for uh auto fuel stations, auto repair, battery stores, etc. And again, uh when we vary uh from the parking standards uh either up or down, it requires a conditional use permit. Uh the site plan shows that the setbacks are met with a 10-ft uh uh setback for the uh parking. Um the uh parking uh listed in the report uh the total requirement is 11 spaces for this. Um there's 28 uh parking spaces currently and the uh proposed parking lot would add 27 stalls. Have a unique business in that uh auto repair people drop off their car. It may sit there a couple days. So there's more uh more of a requirement for parking uh than u what your standard retail or or some service businesses would be. The uh city engineer has provided a separate report on the grading drainage utilities. Uh and this would be subject to review and approval of the mini uh or the uh middle St. Croy uh wershed district. Uh no plans to provide lighting for the new parking lot. Um there is a a landscape plan that's under review currently by the city arborist. Uh I assume that uh uh Lisa will have a report for the uh for the city council on that. um don't see any major issues with that. There are some some tree removal but they are adding uh significant trees uh around the parking lot also. So with that uh this has been expected um an expected application um uh meets the the criteria and uh uh staff uh uh has provided a list of conditions uh for your review if you uh move to uh to approve it. Any questions? Anything from the group? >> Jake has the uh site plan uh up on the board. You can see the uh parking area, the building down and the lower u leftand side and the new parking uh in the shaded uh area. Again, uh push that parking lot closer to uh to the street uh again for tree preservation. I think the aerial photograph shows the the amount of trees uh overall on that site. and uh uh and again protection for the uh for the residential that's uh that's to the east also. Uh if nobody's going to chime in with a question, I do have two. One of them does the recommendation account for Stantex's details and plans about um uh what was the point that I wanted to bring up the in general he had recommendations in his review I think those carried over right >> yes so there's a condition um >> number one that u uh the requirements within um uh Mr. uh man's uh uh report would uh be incorporated as part of the conditions. >> Okay. Yeah. I was thinking about the I think it was the water runoff and storm water which the grower in the pond that's more pavement which is counterintuitive to the whole >> um what initiative did council member Johnson have us review the >> the heat island. >> Heat island. Thank you. Oh, that escaped me. >> Yep. >> So, this is counterintuitive to that. But then we're improving the pond, so that's fine. Okay. My second question, coming off of the fork that goes to the uh plan East. >> Mhm. >> Is that known to be like just a turnaround curb cut spot or is that a potential future growth fork point? >> Uh I don't believe we have a representative uh of Central Automotive here tonight, but that uh designed uh design is for a turnaround at this point. >> Okay. there's they have not shared any um plans to go further than what uh what they have at this term. So that's all I had. All right. Nothing else from Commissioner Deem. Okay. Um I will we'll open the public hearing here at 6:47. Anyone from the public? >> I have a question. Is the storm water pond only currently for the existing business or is there some storm water coming from 59th Street? >> No, that's it's totally for the business for the hard cover uh for the building in the parking lot. >> Thank you. >> All right. Anyone from the public want to come up here and chat about Central Automotive? Oh, okay. I entertain a motion to close the public hearing. >> I make a motion to close the public hearing. >> A second. >> We got a motion in a second. All those in favor say I. >> I. >> I. >> All right. Any other discussion about the recommendation for additional parking? >> I'm really happy to see a robust tree plan for replanting. That's nice. Uh the I think it's only positive, right? Like it they grew very quickly. >> They are parking in the burm anyway. It's against the heat island thing, but it's going to be better to have proper spots than the way they're doing it now. I knew they were going to have this problem in a matter of time. So glad they have growing pains. I don't see any issues with the ask. >> It's one of those balances, Mr. Chair and planning commission of, you know, certainly respect the Urban Heat Island effect and trying to do our part, but we also like to see our businesses grow, you know, and do well and certainly um Dave and Central Automotive are doing well there and so want them to continue to grow and prosper here in OP. >> I don't think this is a business that's at risk of having empty spots in excess in that new lot. >> Yeah. And I think the only final benefit is they can actually designate the handicap parking for handicap parking because I know every time I've gone through there that's not ready for individuals that need it. >> So it's a win-winwin. So >> anything else from the group up here? >> Would you like to propose more handicap parking? Do you think do you think that I know that sometimes there's bigger vehicles that are parked on that street uh you know right to the north of the business there. Do you think that this allows those bigger vehicles to get off that street off the main street there out of the way? >> Yes, definitely. I think that uh uh this additional parking lot would accomplish that. >> And do you know this piece of land is I'm assuming it's higher than the apartments. Is it going to any lights going to affect those apartments there? >> They're not uh adding any additional lights to the parking lot. Um and if they do decide down the road that for security reasons, we'll take a look at that. Again, we have the requirements for full cut off and uh that's a good point. There's a lot of tree cover, but but that would be a sensitive issue that we'd have to look at. >> Yeah. And if they're shutting down at what 600 7:00. >> Mhm. >> Now we're in the season where it's probably shining right in somebody's back door for half a second. But >> yeah. >> All right. >> Can Can we add a couple conditions to the proposal? >> Um I think uh you had mentioned the disability parking. Let me take another look. Um >> there has to be a certain percentage I would think. Yeah, it's one per 25 and I believe >> they've got three right now or on the proposed plan they have three. >> Yeah. So, they have more than adequate uh uh number for the numbers of stalls they have. >> Okay. >> 55 parking spaces and uh we have three so >> up to so 75 is >> so we're good. >> Okay. >> Can we propose additional lighting as well before we vote on it or put it part of our vote that we additional? I think that's really up to the applicant to determine if they feel that they need it. >> Okay. So, we don't think there'd be vandalism concerns being next to a gas station. >> Again, I think that's that's their their call if they want to do it. Um >> uh and again, they would they could um come through and wouldn't have to go through a conditional use permit for it. They could pro provide us a lighting plan. We'll just check it against the criteria and and do it. But it's a good point. um as far as the vandalism and other issues. >> All right. Entertain a motion to take it forward as recommended or amended. Anything you guys got on your mind? >> Um I second your motion. >> I'm not allowed to make a motion. >> Okay. I make a motion to approve as it's written. >> Do we have a second? Any recommendations with that? >> Did the city have any recommendations >> yet? In the report, there's the list. >> Yeah. Grading, drainage, and utility plan still subject to review >> and the lighting plan and the landscape. >> And the landscape >> and Yeah. That and that'll be a second meeting for that, right? >> So, I think I heard a motion. Did I hear a second >> for a for a city council meeting? before all those plans to be developed. >> Not not before this group. Yep. That would all be handled administratively. So any any kind of the engineering and uh whatnot behind the scenes, we'd handle that with our city engineer. Got it. Okay. Got it. Yeah. >> So if there's something that they come in for, uh signage um additional signage, additional lighting, that could be handled uh in the straightaway. >> Got it. Great questions. Heard a motion. Might have missed a second. Was there a second? >> Second. >> All right. Thank you. >> All those in favor say I. >> I. >> I. >> Motion carries. Congrats Automotive. Who is not here? Um, all right. That ends public hearings on our agenda. We have no new business besides the November training. Um, Mr. Refe brought up at the beginning. No old business, noformational. Last but not least, folks, >> make a motion we adjourn. >> Second. Got a motion. All those in favor say I. >> I. >> Thank you very much, everyone. >> Who seconded that motion? I'm sorry. It was >> Jennifer. >> Well, Jennifer, thanks.