##VIDEO ID:g-MEZr2v9zU## .  GOOD EVENING AND WELCOME TO THE SEPTEMBER 19TH 2024 PLANNING COMMISSION MEETING THE PLANNING COMMISSION IS MADE UP OF SEVEN MEMBERS WE HAVE THIS EVENING WITH ONE ON HIS WAY EACH MEMBER VOLUNTEERS THEIR TIME AND IS A BLOOMINGTON RESIDENT AND MEMBERS ARE APPOINTED BY THE CITY COUNCIL THE PLANNING COMMISSION IS ADVISORY TO THE CITY COUNCIL FOR MOST ITEMS THE COMMISSION MAKES RECOMMENDATIONS AND THE CITY COUNCIL HAS THE FINAL FINAL DECISION AUTHORITY.  THERE ARE CERTAIN APPLICATIONS THAT THE PLANNING COMMISSION CAN APPROVE OR DENY ON ITS OWN TO APPEAL TO THE CITY COUNCIL FOR EACH ITEM THERE WILL BE A STAFF REPORT THEN A CHANCE FOR THE APPLICANT TO PRESENT THAT A CHANCE FOR ANY MEMBER OF THE PUBLIC TO PROVIDE TESTIMONY AND THEN THE COMMISSION WILL CLOSE THE PUBLIC HEARING AND DISCUSS ITEM BEFORE ANY ACTION IS TAKEN. OUR FIRST ITEM THIS EVENING IS THE PLEDGE OF ALLEGIANCE. PLEASE STAND IF YOU'RE ABLE I PLEDGE ALLEGIANCE TO THE TIME OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT SAYS ONE NATION UNDER GOD INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.  ALL RIGHTY. ITEM ONE THIS EVENING DOES HAVE A PUBLIC HEARING OF IT. HOWEVER, I BELIEVE THAT A CONTINUANCE HAS BEEN REQUESTED SO I WILL TURN IT OVER TO PLANNER CROWELL FOR ADDITIONAL INFORMATION.  YEAH, VERY GOOD EVENING COMMISSION.  SO YES WE HAVE A PROPOSAL FOR 85, 25 AND 8540 5% OF SOUTH ALMOND IN THIS ITEM THE APPLICANT IS PROPOSING OR REQUESTING AND FINAL PLANT APPROVAL TO SUBDIVIDE TWO EXISTING RESIDENTIAL LOTS INTO 15 TOWNHOME LOTS AND ONE COMMON LOTS. THIS WAS ORIGINALLY APPROVED IN PLANNING CASE 2020 133 AND SO SINCE KIND OF THOSE APPROVALS THE APPLICANT HAS SINCE SHIFTED THE OR CHANGED THESE FLOOR PLANS OF THOSE TOWNHOME UNITS SLIGHTLY AND SO IT REQUIRES MORE THEN THE LOT LINES TO ADJUST AND SO THAT THOSE UNITS FIT APPROPRIATELY ON THE TOWNHOME LOTS AND THAT'S WHERE THEY NEED THE THIS NEW PLAT THERE WAS A MISCOMMUNICATION UNFORTUNATELY AMONG PLANNING STAFF IT'S SO THE NEWSPAPER DID GO OUT IN THE SUN CURRENT ON SEPTEMBER 5TH BUT THEN WE ARE ALSO REQUIRED BY STATE STATUTE TO MAIL PUBLIC NOTICES TO ALL NEIGHBORING PROPERTIES 500 FEET AND THOSE UNFORTUNATELY DID NOT GO OUT IN TIME FOR FOR THE ITEM STATE STATUTE REQUIRES THAT THEY GO AT LEAST TEN DAYS BEFORE THE PUBLIC HEARING TO SO BECAUSE THOSE WEREN'T PROPERLY THAT'S WHERE WE KIND OF HAVE THE RECOMMENDATION AND THE MOTION LANGUAGE HERE TO OPEN THE PUBLIC HEARING TONIGHT BUT THEN CONTINUE OUT TO THE NEXT PLANNING COMMISSION MEETING WHICH WOULD BE OCTOBER 3RD. SO I'M SO I'M HAPPY TO ANSWER ANY ADDITIONAL QUESTIONS YOU MAY HAVE. THANK YOU.  QUESTIONS FOR PLANNER CROWELL GREAT SEEING NONE.  I WILL OPEN THE PUBLIC HEARING OFFICIALLY AND WE WILL HOLD OPEN THAT PUBLIC HEARING LOOKING FOR A MOTION TO HOLD OPEN THE PUBLIC HEARING UNTIL THE DATE CERTAIN COMMISSIONER GUPTA MADAM CHAIR, DO WE NEED TO CHECK IF THERE'S ANYONE IN THE CHAMBERS WHO DOES WISH TO SPEAK ON SIDE OF THE SCENE? IT SURE ABSOLUTELY GREAT IDEA. IS THERE ANYONE IN THE CHAMBERS WHO WOULD LIKE TO SPEAK ON THIS ITEM?  PLANNING MANAGER MARKET GUARD IS THERE ANYONE ON LINE CHAIR ALBRECHT ONE INDIVIDUAL ON LINE IS THE APPLICANT NOT SURE IF HE DESERVES TO SPEAK OR NOT BUT WE CAN FIND OUT RIGHT MR. FURLONG WE'RE GOING TO MAKE YOU A PANELIST AND FEEL FREE TO UNMUTE YOURSELF, ADD ANY ADDITIONAL INFORMATION IF YOU WISH .  GOOD EVENING.  THIS IS STEVE FURLONG.  COMMISSIONERS I HAVE NOTHING TO ADD ON THE APPLICATION.  THANK YOU. ANY OTHER FOLKS IN THE CHAMBERS WHO WOULD LIKE TO TESTIFY IN THIS ITEM?  ARE YOU SEEING NONE? MOTION TO CONTINUE COMMISSIONER COOKED IN THEM CHAIR IN CASE POLL 2024-135I MOVE TO HOLD OPEN THE PUBLIC HEARING AND CONTINUE THE PUBLIC HEARING TO THE OCTOBER 3RD, 2024 PLANNING COMMISSION MEETING AT 6 P.M. IN THE CITY COUNCIL CHAMBERS AT BLOOMINGTON CIVIC PLAZA SECOND ALL RIGHT. WE HAVE A MOTION IN THE SECOND TO CONTINUE THIS ITEM TO THE OCTOBER 3RD, 2024 PLANNING COMMISSION MEETING. ALL THOSE IN FAVOR SAY I, I OPPOSED THE MOTION CARRIES SIX ZERO. THANK YOU. THANK.  ALL RIGHT. ITEM TWO IS ALSO A PUBLIC HEARING. WE ARE LOOKING AT A CONDITIONAL USE PERMIT FOR THE EXPANSION OF A MINOR VEHICLE REPAIR FACILITY AND A MAJOR REVISION TO FINAL DEVELOPMENT PLANS FOR AN ADDITION INTO VEHICLE REPAIR BUILDING AND PLANNER PRO. YOU ALSO HAVE THE STAFF REPORT. THANK YOU. ALL RIGHT. THANK YOU PLANNING COMMISSION. SO AGAIN THIS ITEM NOW IS RELATED  TO 8431 LYNDALE OUT OF SOUTH IT'S CURRENTLY ZONED TWO AND IN A PLANNED DEVELOPMENT OVERLAY ON THE SITE ITSELF AS A LITTLE OVER AN ACRE AND THEN THE BUILDING AREA WITH THE PROPOSED ADDITION WOULD BE SLIGHTLY OVER 9000 SQUARE FEET AND SO THIS IS THE CURRENTLY A DISCOUNT TIRE BUILDING AT THE SITE AND AS MENTIONED THEY'RE REQUESTING A CONDITIONAL USE PERMIT AS WELL AS A MAJOR TO FINAL DEVELOPMENT PLANS FOR IN ADDITION ONTO THEIR EXISTING MINOR VEHICLE REPAIR BUILDING.  HERE'S JUST AN AERIAL VIEW TO GIVE SOME CONTEXT TO THE EXISTING BUILDING AND THEN THE BUILDING ADDITIONS AS OUTLINED IN ORANGE HAD A NOTE IN STAFF REPORT. SO WHEN THIS BUILDING AND USE WAS ORIGINALLY APPROVED IN 2003 RETAIL TIRE SALES AND INSTALLATION WAS A PERMITTED USE IN THE B2 ZONING DISTRICT. YOU KNOW AND THEN SINCE 2003 THE CITY CODE HAS GONE THROUGH A VARIETY OF CHANGES AND UPDATES AND WE WOULD NOW CONSIDER THIS USE A MINOR VEHICLE REPAIR USE WHICH IS CURRENTLY A CONDITIONAL USE IN THE B2 ZONING DISTRICT.  SO THIS IS CONSIDERED A LEGAL NONCONFORMING AND WITH THAT OUR CODE HAS TO KIND OF SPECIFICALLY STATE IF A IF EXPANSION IS ALLOWED AND THIS USE AND BECAUSE IT'S A CONDITIONAL GETTING APPROVAL OF A CONDITIONAL USE PERMIT ALLOWS FOR THAT EXPANSION OF THE NONCONFORMING USE. SO THAT'S WHERE WE HAVE THE TWO APPLICATIONS TONIGHT ONE FOR THE CONDITIONAL USE PERMIT AND THEN OTHER FOR MAJOR REVISION TO FINAL DEVELOPMENT PLAN.  HERE'S THE SITE PLAN PROVIDED BY THE APPLICANT AGAIN THE ADDITION IS SHOWN KIND OF OUTLINED IN ORANGE AND IN BLUE. IT'S AN 860 SQUARE FOOT ADDITION AND THAT WOULD INCLUDE ADDITIONAL TIRE STORAGE SPACE AS WELL AS AN INTERIOR TRASH ROOM THAT WOULD HAVE INTERNAL ACCESS FROM THE BUILDING. LOOKING AT, YOU KNOW, THE VARIOUS CODE REQUIREMENTS THAT WE'RE LOOKING AT, IT CONTINUES TO MEET THE MINIMUM SITE AREA AND THE BUILDING ADDITION DOES MEET OF THE REQUIRED STRUCTURE SETBACKS. THIS BUILDING DOESN'T ITS MAXIMUM IMPERVIOUS SURFACE COVERAGE OR ITS MAXIMUM FLOOR AREA RATIO WITH THE ADDITION OF THIS ADDITION WOULD REMOVE FOUR EXISTING PARKING STALLS ON THE SITE AND SO IT BRING THE OVERALL SITE TO 40 STALLS AND BASED ON OUR CURRENT MINIMUM CODE REQUIREMENTS THEY WOULD NEED 38 STALLS SO THEY CONTINUE TO REMAIN IN COMPLIANCE.  WELL WITH THE MINIMUM OFF STREET PARKING STANDARDS HERE'S A FLOOR PLAN PROVIDED BY THE APPLICANT AGAIN JUST TO SHOW THE ADDITIONS WOULD INCLUDE AN EXPANDED TIRE STORAGE AREA AS WELL AS THAT INTERIOR TRASH ROOM AGAIN THAT WOULD HAVE INTERNAL ACCESS TO THE BUILDING AS WELL LOOKING AT THE ELEVATIONS PROPOSED EXTERIOR MATERIAL WOULD BE A STUCCO FINISH OVER AND WOULD BE WHITE AND GRAY TO MATCH THE EXISTING BUILDING.  THEY RECENTLY REDID THE EXTERIOR MATERIALS ON THIS BUILDING BELIEVE BACK IN 2023 SO MATCH THAT WOULD INCLUDE ONE NEW ACCESS DOOR AND ONE NEW OVERHEAD DOOR ON THE NORTH ELEVATION AND THEN ON THE EAST ELEVATION THERE'S ALSO AN ADDITIONAL OVERHEAD DOOR BEING PROPOSED LOOKING AT THE LIGHTING AND LANDSCAPING PLAN THEY'D BE REQUIRED TO CONTINUE TO COMPLY WITH THE PLANS THAT WERE APPROVED WITH THE ORIGINAL SITE PLAN WITH THE THE ADDITIONS THEY REMAIN IN COMPLIANCE WITH THE LIGHTING PLAN AND THEN THE LANDSCAPING PLAN BASED ON THE AREA OF DISTURBANCE WOULD REQUIRE JUST ONE ADDITIONAL TREE AND ONE ADDITIONAL SHRUB ON TOP OF WHAT WAS PART OF THAT ORIGINAL PLAN AND SO IN THE IN THE LANDSCAPING PROVIDED BY THE APPLICANT THEY ARE REPLACING ANY EXISTING LANDSCAPING ON SITE THAT IS THAT IS DYING AS WELL AS REPLACING THE LANDSCAPING THAT HAS TO BE REMOVED FOR THE BUILDING ADDITIONS.  AND THERE'S JUST ONE NOTE IN THERE IT LOOKS LIKE MAYBE SOME THE ON THE ORIGINAL PLAN THERE WERE MORE SHRUBS ALONG LYNDALE AVE AND IT LOOKS LIKE THAT MAY HAVE BEEN REPLACED WITH SOME TALL GRASS AND PERENNIALS THAT WOULDN'T BE IN COMPLIANCE.  THE ORIGINAL LANDSCAPE PLAN OBVIOUSLY WE JUST HAVE A CONDITION ON THERE TO WORK WITH THE APPLICANT TO JUST ENSURE THAT THE LANDSCAPING MEETS ALL OF THE MINIMUM REQUIREMENTS.  SO WITH THAT I CAN ANY QUESTIONS YOU HAVE WE ALSO HAVE A REPRESENTATIVE FROM THE APPLICATION HERE AS WELL AND AGAIN THERE'S KIND OF TWO MOTIONS SO THE CONDITIONAL USE PERMIT IS A DECISION THAT YOU ALL AS THE PLANNING COMMISSION WOULD MAKE TONIGHT AND THEN RELATED TO THE MAJOR REVISION TO FINAL DEVELOPMENT PLANS. IT'S A RECOMMENDATION THAT WOULD THEN GO TO THE CITY COUNCIL.  THANK YOU. ANY QUESTIONS, COMMISSIONER COMPTON THANK YOU, MADAM CHAIR. MR. CROWELL, HOW DOES THIS APPLICATION RELATE TO THE LYNDALE AVENUE RETROFIT PLAN? YEAH.  COMMISSIONER CHAIR ULBRICH PLANNING COMMISSIONER COOKED IN SO WITH THE LYNDALE RETROFIT PLAN THERE WERE A VARIETY OF REZONINGS THAT WERE DONE IN THE AREA I BELIEVE ON 86TH AND LYNDALE WERE THOSE WERE REZONE TO BE FOR THIS PROPERTY AS WELL AS SOME OF THE SURROUNDING COMMERCIAL PROPERTIES WERE NOT RESUMED WITH THAT AND THERE ISN'T CURRENTLY PROPOSAL TO REZONE THOSE TO BE FOR IT SO AS LONG AS IT'S KIND OF COMPLYING WITH THE B2 ZONING DISTRICT STANDARDS AS WELL AS ALL OF THE CONDITIONS WITH THE CONDITIONAL USE PERMIT STAFF FELT THAT IT WAS IN COMPLIANCE WITH THE RETROFIT PLAN. I THINK WE ALSO NOTED THAT A LOT OF THE BUILDING EXPANSION ISN'T NECESSARILY INCREASING THE CAPACITY OF MINOR VEHICLE REPAIR USE.  THEY'RE NOT ADDING SERVICE BAYS WITH THIS ADDITION. IT'S JUST SOME ADDITIONAL STORAGE SPACE IN THE TRASH ROOM .  FEEL ADDITIONAL QUESTIONS COMMISSIONER GUPTON AND HE'S BEEN I'M SURE MR. CROWELL,  COULD YOU GO BACK TO THE LANDSCAPING PLAN PLEASE? YEAH.  IS THERE A REQUIREMENT FOR A PARKING ISLAND TREES?  YEAH. CHAIR ALBRECHT THE PLANNING COMMISSIONER COOKED IN . YEAH. WE CURRENTLY IN OUR CODE . DID YOU REQUIRE ONE TREE IN EACH PARKING LOT ISLAND THINK LOOKING AT THE ORIGINAL LANDSCAPE PLAN THAT WAS APPROVED THEY DID NOT SHOW TREES IN THE ISLANDS AND IT WAS APPROVED THAT WAY AND SO I THINK WE BECAUSE THEY'RE NOT TOUCHING THAT PART OF THE PARKING LOT DIDN'T KIND OF FLAG THAT TO TO DO AND COULD BECAUSE WAS ORIGINALLY PROVED WITHOUT THEM COULD CONTINUE TO NOT HAVE THEM THANK YOU. THANK YOU. ANY ADDITIONAL QUESTIONS FOR STAFF?  YES. COMMISSIONER MCGOVERN, THANK YOU. GOING BACK TO A COUPLE OF SLIDES WHERE IT SHOWED AN AERIAL VIEW THERE IS CURRENTLY IT LOOKS SOMETHING IS ON THE PROPERTY RIGHT THERE IN THE ORANGE.  WHAT IS THAT? OH SURE. CHAIR ALBRECHT COMMISSIONER MCGOVERN YEAH. THIS WAS JUST AN AERIAL VIEW. IT LOOKS LIKE IT MIGHT JUST BE LIKE A TRUCK OF SOME SORT KIND OF PARKED THERE. SO CURRENTLY THE SITE THERE'S FOUR EXISTING PARKING STALLS THERE AND SO THOSE WOULD BE PROPOSED TO BE REMOVED WITH THE BUILDING ADDITION. THANK YOU.  I DO HAVE ONE QUESTION. PLANNER A MALL.  WELL THE HOW IS TRASH BEING HANDLED CURRENTLY AND IS THAT IN COMPLIANCE WITH OUR CODE TODAY?  YEAH. CHAIR ALBRECHT I BELIEVE THEY HAVE TRASH INSIDE OF THE BUILDING BUT ALSO MAY BE SOME DUMPSTERS KIND OF OUTSIDE OF THE BUILDING BUT IT MIGHT BE GOOD FOR THAT APPLICANT COULD CONFIRM SOME OF THAT TOO. I HAVE TO ASK THAT. YEAH. LAST CALL FOR QUESTIONS FOR STAFF. ALL RIGHT.  WOULD THE APPLICANT LIKE TO SPEAK ON THIS ITEM?  I CAN, YEAH.  COME ON UP. SO JUST TO INTRODUCE YOURSELF . OKAY. SO I HAVE NEVER DONE THIS. MY NAME IS AARON MANZO AND WITH THIS GUNFIRE TODAY I'M TO ANSWER THE QUESTION THAT YOU JUST ASKED.  CURRENTLY WE DO HAVE AN ENCLOSED WITH A ROLL UP DOOR THAT OUR DUMPSTERS DO GO INTO OCCASIONALLY. SOMETIMES THOSE DO GET PUT OUTSIDE BECAUSE OF THE OVERFLOW OF DEAD TIRES AND THAT'S PART OF THE REASON WE'RE TRYING TO GET THE EXPANSION IS FOR WHEN WE HAVE SO MANY TIRES COMING OFF IN THE WINTERTIME TO KEEP OUR CUSTOMERS SAFE. WE HAVE DEAD TIRES OR OLD TIRES THAT CONTINUE TO PILE UP AND SO THAT'S ALSO PART OF THE REASON THAT THAT TRUCK IS CURRENTLY IN THAT AERIAL VIEW BECAUSE WE CAN'T PUT A CONTAINER IN THERE.  SO WE'LL SOMETIMES WE OCCASIONALLY WE'LL PUT A TRUCK OR REMOVABLE VEHICLE AND ACTUALLY JUST PUT OUR TIRES IN THERE. THE SERVICE THAT COMES AND PICK THEM UP SOMETIMES COMES 2 TO 3 TIMES A WEEK AND SOMETIMES IT'S STILL NOT ENOUGH.  SO SOMETIMES IN THE VIEW OF THE CITY AND OUR BUSINESS WE THINK SOMETIMES IT MIGHT BE BETTER LOOK TO HAVE DUMPSTERS TEMPORARILY SET OUTSIDE INSTEAD OF THOSE DEAD TIRES OVERFLOWING OUT THE SIDE OF THE BUILDING. SO THAT'S PART OF THE REASON WE'RE LOOKING TO GET THE EXPANSION IS TO OVERALL HAVE THE CITY LOOK BETTER BETTER TAKE CARE OF OUR CUSTOMERS,  OUR EMPLOYEES AND AS OUR BRAND IMAGE LOOK BETTER SO WE DON'T HAVE STUFF OUTSIDE THAT'S NOT IN COMPLIANCE WITH THE CITY. EXCELLENT. THANK YOU.  ANY QUESTIONS FOR THE APPLICANT?  I HAVE ONE QUESTION, MR. GONZALES, WILL YOU JUST DESCRIBE THE IMPROVEMENTS THAT WERE MADE TO THE BUILDING IN 2023 BASED ON YOUR KNOWLEDGE? YEAH.  SO WE ORIGINALLY YOU KNOW, WE HIRED A COMPANY OUT OF TEXAS AND THEY DID A LOT OF OUR LOCATIONS AROUND THE STATE AND . WE WERE JUST KIND OF A BRAND REFRESH IT WAS TO BRING OUR OUR IMAGE UP TO YOU THE NEW STANDARD FOR CORPORATE NATIONWIDE WITH OUR NEW LOGO IT USED TO HAVE BIG BLOCK LETTERS THAT SAID DISCOUNT TIRE COAL SINCE THE BUILDING WAS MADE WE CAME UP WITH A NEW LOGO SO WE WANT TO PUT SOME NEW SIGNAGE ON THE BUILDING AND WHAT HAD HAPPENED IS THE COMPANY WE HAD HIRED REACHED OUT TO THE CITY ALL THE CITIES BUT THEY DIDN'T GET A SPECIFIC ANSWER OF WHAT NEEDED A PERMIT OR WHAT COULD OR COULDN'T BE PAINTED.  AND SO MOST OF OUR BRAND REFRESHES THAT WE DID THAT REQUIRED EXTERNAL PAINTING NATURAL BRICK OR STONE. WE WEREN'T PAINTING BUT IN THIS CASE BECAUSE WE PLAN IN THE FUTURE TO TRY TO GET A BUILDING, WE KNEW WE WEREN'T GOING TO BE ABLE TO MATCH THAT EXTERIOR BLOCK OR BRICK PERFECTLY SO WE WENT AHEAD AND STARTED PAINTING ALL OF IT. WE DID GET A STOP WORK ORDER FROM THE CITY OF BLOOMINGTON BECAUSE THEY CAME AND SAID HEY HEY YOU'RE NOT SUPPOSED TO, YOU KNOW, PAINT BRICK OR NATURAL STONE. SO WE RESUBMITTED PERMITS AND WE ACTUALLY ENDED UP STUCCO IN THE WHOLE BUILDING SO IT WOULD BE IN COMPLIANCE WITH THAT AND THEN PAINTED THE WHOLE BUILDING. SO NOW IN THIS IF THIS DOES GET APPROVED OUR BUILDING EXPANSION WILL BE EASILY MANAGEABLE TO STUCCO AND WE'LL PUT FS ON IT AND PAINT IT ACCORDINGLY TO MATCH THE REST THE STRUCTURE.  GREAT. THANK YOU. ALL RIGHT.  I THINK THAT'S ALL THE QUESTIONS THAT WE HAVE. THANK YOU.  THANK YOU. ALL RIGHT. WE GOING TO GO AHEAD AND OPEN THE PUBLIC HEARING SO IF ANYONE IN THE CHAMBERS THIS EVENING WOULD LIKE TO COME UP WHAT JUST COME ON UP.  IF YOU HAVEN'T ALREADY DONE SO, PLEASE SIGN IN WITH YOUR ADDRESS AND THEN WE HAVE A CLOCK UP HERE THAT WE WILL USE FOR 3 MINUTES AND IF YOU WANT TO TAKE MORE THAN THAT WE WILL ADDRESS THAT AT THE THREE MINUTE MARK . THANKS.  WE ALREADY FILLED THIS OUT. I AM HERE JUST TO LET. JUST TO LET EVERYBODY KNOW THAT WE ARE HERE ACROSS THE STREET ON 84 ACROSS NORTH OF 84TH IS THE APPLEWOOD POINT SENIOR CONDOMINIUMS COOPERATIVE AND THERE'S 95 HOUSEHOLDS IN THERE AND HAVE WE I FROM MY BALCONY I CAN LOOK DIRECTLY INTO THE DISCOUNT TIRE SERVICE BAYS AND THERE ARE OTHER THERE'S A HOLIDAY GAS STATION THERE AND SEVERAL OTHER RETAIL OUTLETS AND I WAS JUST HERE AFTER RECEIVING THE NOTICE THAT YOU GUYS SENT OUT LETTING US KNOW THAT THIS WAS TO FIND OUT WHAT WAS GOING ON AND WE WERE SORT OF FEARFUL THAT THEY WERE GOING TO TURN INTO AN ORDER THEY WERE GOING TO EXPAND INTO AN AUTO BODY WORKSHOP OR SOMETHING LIKE THAT BUT IT DOESN'T SOUND LIKE THAT'S THE CASE. I MAY BE ABLE TO TALK TO THIS GENTLEMAN AFTERWARDS, FIND OUT EXACTLY WHAT'S GOING ON BUT IT'S NOISY ENOUGH OVER THERE ALREADY. OUR BOTTOM LINE IS AND WE ARE HOPING THAT ANY EXPANSION ISN'T GOING TO ADD TO THE HUBBUB AND THE TRAFFIC AND THE NOISE THAT FROM THAT AREA THAT CAN BE VERY DISTURBING TO THE OLDER PEOPLE WHO LIVE IN THAT CONDOMINIUM AND IT IT'S AN IMPACT IT IMPACTS OUR QUALITY OF LIFE.  IT IMPACTS THE RESALE VALUE OF OUR UNITS AND A HEALTH CONCERNS OF PEOPLE WHO NEED TO GET THEIR REST AND THEIR SLEEP DURING THE DAY. SO WE WERE JUST CONCERNED THAT THIS WAS GOING TO BE SOME MAJOR EXPANSION THAT WAS GOING TO CREATE A LOT MORE NOISE AND ACTIVITY RIGHT ACROSS THE STREET FROM WHERE WE ARE ABOUT A COUPLE HUNDRED YARDS AWAY I WOULD ESTIMATE FROM THE FRONT DOOR OF DISCOUNT TIRE AND WHEN THEY DID THAT REFRESH THE FEEDBACK WAS THAT LAST YEAR ALREADY FOR SEVERAL WEEKS THEY WERE WORKING ON THAT AND.  THERE WAS A LOT OF NOISE INVOLVED WITH THAT JUST THE BEEP BEEP OF THE OF THE VARIOUS MACHINERY WHEN THEY BACK UP IS ENOUGH TO DRIVE AN OLD PERSON CRAZY BUT ANYWAY WE'RE JUST MAKING SURE THAT YOU GUYS KNOW WE WERE THERE AND THAT SOUNDS LIKE DOING A GOOD JOB OF OF MAKING SE THAT THEY MEET THE ZONING AND HOPEFULLY IT'S NOT GOING TO CREATE A WHOLE BUNCH OF NOISE FOR US.  THAT'S ABOUT ALL I HAVE TO SAY. THANK YOU. THANKS.  IS THERE ANYONE ELSE IN THE CHAMBERS WHO WOULD LIKE TO TESTIFY ON THIS ITEM?  PLANNING MANAGER MARK HAUGAARD IS THERE ANYONE ONLINE CHAIR ALBRECHT NO ONE ONLINE FOR THIS ITEM.  ALL RIGHT. WE'LL GIVE IT A SECOND LAST CALL.  ALL RIGHT. LOOKING FOR A MOTION TO CLOSE THE PUBLIC SO MOVED WE HAVE A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING ALL THOSE IN FAVOR SAY I I OPPOSED MOTION PASSES DISCUSSION.  YES, COMMISSIONER CUNNINGHAM THANK YOU CHAIR. I JUST WANTED TO SAY I GROCERY SHOP AT THE CUB FOODS RIGHT BY THERE REGULARLY AND I'M EXCITED THAT A BLOOMINGTON IS LOOKING TO COME MORE INTO COMPLIANCE WITH THEIR NEEDS AND WITH OUR REQUIREMENTS AROUND TRASH AND THEN TIRES IN THIS CASE AND I'M HAPPY TO SEE THE INVESTMENT IN OUR COMMUNITY. THANK YOU, COMMISSIONER MCGOVERN. I HAVE TO MIRROR THAT THERE IS A TIME MY DAUGHTER NEEDED TIRES AND DISCOUNT TIRES IN THE NEIGHBORHOOD AND.  YOU GUYS DID A FANTASTIC JOB GETTING HER BACK ON THE ROAD APPRECIATE YOU GUYS YOUR THOUGHTS.  I ADD JUST MY $0.02 HERE. I APPRECIATE THAT THAT THE TRASH IS BEING HANDLED APPROPRIATELY, THAT WE ARE MOVING BUSINESS INTO MORE OF COMPLIANCE. SO THANK YOU FOR YOUR WORK ON THAT AND I AM I AM ABLE TO MAKE THE REQUIRED FINDINGS SO I AM FAVOR OF MOVING THIS ONE FORWARD. ALL RIGHT. LOOKING FOR A MOTION SO MOVED BOEING CASE.  YES, GO FOR IT IN CASE 2024-149 HAVING BEEN ABLE TO MAKE THE REQUIRED FINDINGS I MOVE TO ADOPT A RESOLUTION APPROVING A CONDITIONAL PERMIT FOR AN EXPANSION TO AN EXISTING MINOR VEHICLE REPAIR FACILITY SUBJECT TO THE CONDITIONS AND CODE REQUIREMENTS LISTED IN THE RESOLUTION.  ALL RIGHT, WE HAVE A MOTION DO WE HAVE A SECOND SECOND MOTION AND A SECOND TO APPROVE THE CONDITIONAL PERMIT?  ALL THOSE IN FAVOR SAY I I OPPOSED THE MOTION PASSES ZERO THAT ITEM IS A FINAL DECISION FOR YOU. THAT ITEM IS A FINAL DECISION SUBJECT TO AN APPEAL TO THE CITY COUNCIL. THE SECOND ITEM LOOKING FOR A MOTION JUST IN CASE PEEL 2024-149 HAVING BEEN ABLE TO MAKE THE REQUIRED FINDINGS I MOVE TO RECOMMEND THE CITY COUNCIL APPROVAL OF A MAJOR REVISION TO DEVELOPMENT PLANS FOR AN ADDITION ONTO AN EXISTING VEHICLE REPAIR BUILDING SUBJECT TO THE CONDITIONS AND CODE REQUIREMENTS ATTACHED TO THE STAFF REPORT. IF A MOTION DO WE HAVE A SECOND SECOND WE HAVE A MOTION IN THE SECOND ALL THOSE IN FAVOR SAY I I OPPOSED MOTION CAT PASSES SIX ZERO THAT MOTION GOES DIRECTLY THE CITY COUNCIL AS A RECOMMENDATION ON THE SEPTEMBER 30TH CONSENT AGENDA OF . THE CITY COUNCIL ALL RIGHT ITEM THREE ALSO HAS A PUBLIC HEARING.  I BELIEVE THAT THE THE APPLICANT HAS WITHDRAWN THIS ITEM PLANNER O'DAY. DO YOU HAVE MORE INFORMATION ON THAT?  THANK YOU CHAIR AND COMMISSION YES WE.  RECEIVED NOTIFICATION TODAY THAT THE APPLICANT DESIRES NOT TO FORWARD WITH THIS APPLICATION AND THEY WITHDREW SO NOTHING FURTHER DOWN. ALL RIGHT, MR. TUSK, IS THERE ANYTHING WE NEED TO DO WITH THAT OR CAN WE JUST LEAVE THAT ONE CHAIR? ALBRECHT WITH A WITHDRAWAL THERE'S NO ACTION NECESSARY. ALL RIGHT. WE WILL MOVE ON TO ITEM ITEM FOUR ALSO CONTAINS A PUBLIC HEARING AND WE ARE LOOKING AT 1601 AND 1701 AMERICAN BOULEVARD FOR PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR AN APPROXIMATELY 54,000 SQUARE FOOT AUTO DEALERSHIP FACILITY PLANNER O'DAY YOU HAVE THE STAFF REPORT? YES. THANK YOU AGAIN. CHAIR COMMISSION MOVING ON TO ITEM FOUR FOR A PROPOSAL BY LUTHER KIER WHICH SORRY THIS TAKES A MOMENT TO ADVANCE. THERE YOU GO.  LUTHER KEYA IS SITUATED AT THE SOUTHEAST CORNER OF KNOX AND AMERICAN BOULEVARD SURROUNDING LAND USES ARE AUTO DEALERSHIPS TO THE NORTH AND EAST OFFICES TO THE SOUTH A NEWLY CONSTRUCTED APARTMENT BUILDING TO THE WEST AND NEW APARTMENT BUILDING CURRENTLY UNDER CONSTRUCTION TO THE WEST AND THEN SOUTH TOWN SHOPPING CENTER DIRECTLY TO THE NORTHWEST MOTOR VEHICLE SALES IN EXISTENCE PRIOR TO JANUARY OF 2015 AS A PERMITTED USE IN THE C FIVE ZONING DISTRICT AND IN THE C FIVE ZONING DISTRICT THERE ARE VERY PRESCRIPTIVE EXCUSE ME DESIGN STANDARDS THAT GET INTO IN A COUPLE OF SLIDES THIS PROPERTY GUIDED REGIONAL COMMERCIAL IN OUR COMPREHENSIVE PLAN WHICH IS THE MOST APPROPRIATE GUIDANCE FOR MOTOR VEHICLE SALES AND THEN FURTHERMORE THIS PROPERTY IS LOCATED WITHIN THE PAN AMERICAN DISTRICT PLAN AREA SO THE PROPOSED DEVELOPMENT MUST MEET THE INTENT, THE GOALS AND INTENSE OF THE PAN AMERICAN DISTRICT PLAN.  AND THEN LASTLY THE PARCEL IS THE SITE COMPRISED OF FOUR SEPARATE PARCELS AND SO A TAX PARCEL COMBINATION TO COMBINED ALL THE LOTS INTO ONE IS REQUIRED.  SO GETTING INTO THE SITE PLAN A COUPLE HIGHLIGHTS THE PROPOSAL IS TO DEMO ALL THE BUILDINGS ON SITE AND CONSTRUCT A ONE STORY APPROXIMATELY 59,000 SQUARE FOOT BUILDING WHICH INCLUDES A MEZZANINE SHOWROOM OFFICES REPAIR AND CARWASH SPACE.  THEY'RE PROPOSING TO HAVE ACCESS FROM WEST 81ST STREET, KNOX AVENUE AND AMERICAN BOULEVARD AND THEN THEIR INTENT AND HOPE IS TO KEEP THE EXISTING DEALERSHIP OPEN WHILE THIS PROPOSED BUILDING UNDER CONSTRUCTION.  SO GETTING INTO THE NUMBER OF DEVIATIONS THAT THEY'RE REQUESTING THE FIRST ONE RELATES TO STRUCTURE SETBACKS . SO CODE REQUIRES A MINIMUM OF TEN FEET AND A MAX OF 20 FEET SETBACK ALONG STREETS AND SO THE DOES NOT MEET THE MAXIMUM 20 FOOT SETBACK ALONG AMERICAN AND SO STAFF IS SUPPORTIVE OF THIS FLEXIBILITY MEASURE GIVEN THE THREE STREET FRONTAGES AND ALSO DUE TO THE CHALLENGE OF MEETING ALL STRUCTURES SETBACKS ON ALL SIDES WITH KIND OF A MOTOR VEHICLES NEED FOR PARKING INVENTORY AND SITE CIRCULATION . SO OVERALL STAFF IS SUPPORTIVE OF THIS FLEXIBILITY AND THEN GETTING INTO EXTERIOR MATERIALS THEY ARE PROPOSING A MIX METAL PANELS, GLASS AND BRICK PRECAST CONCRETE IS A SECONDARY MATERIAL WHICH IS LIMITED TO 15% OF EACH ELEVATION AND SO THEY'RE SHOWING PRECAST CONCRETE AS 59% ON THE EAST ELEVATION AND 20% ON THE SOUTH AND NORTH ELEVATIONS.  I HAVE THAT KIND OF HIGHLIGHTED DOWN BELOW ON THE IMAGES WITH THE PRECAST CONCRETE AND THE KIND OF LIGHTER GRAY COLOR AND SO STAFF IS SUPPORTIVE OF THE FLEXIBILITY DUE TO PRECAST BEING ENTIRELY COLORED AND NOT NEEDING TO BE PAINTED AND THEN THE STREET FACING SIDES ARE MOSTLY COMPLIANT WITH OUR CODE . AND THEN LASTLY STAFF HAS SUPPORTED FLEXIBILITY FOR A LUTHER IN IN BLOOMINGTON THAT I'VE USED SIMILAR PRODUCTS AND THEN GETTING INTO BUILDING TRANSPARENT THIS IS ONE THING THAT I WANTED TO HIGHLIGHT QUICKLY THAT THEY'RE NOT REQUESTING FLEXIBILITY ON BUT IT IS ONE OF THOSE PRESCRIPTIVE STANDARDS IN THE C FIVE ZONING DISTRICT AND SO CODE REQUIRES 50% TRANSPARENT WINDOWS ALONG THE PRIMARY FACADES AND THEN 25% ALONG THE SECONDARY. AND SO WHAT THEY'RE SHOWING DOES MEET CODE AND THIS IS ULTIMATELY TO PROMOTE ACTIVE STREET LEVEL DESIGN AND SO THEY'RE SHOWING 65% ON THE NORTH SIDE, 52% ON THE SOUTH AND 67% ON THE WEST. SO OVERALL THIS DOES MEET CODE REQUIREMENTS AND THEN GETTING INTO A STREET ENCLOSURE THIS IS ALSO ONE OF THE PRESCRIPTIVE DESIGN STANDARDS AND C FIVE SO ALONG PRIMARY STREET WHICH IS KNOX IDENTIFIED IN THE PENDING AMERICAN DISTRICT PLAN AT LEAST 50% OF THE LINEAR STREET FRONTAGE MUST BE ENCLOSED BY BUILDINGS AND THEN ALONG SECONDARY STREETS WHICH IS WEST 81ST STREET AT LEAST 30% OF THE BUILDING OF THE FRONTAGE EXCUSE ME MUST BE ENCLOSED BY BUILDINGS AND SO WHAT THEY'RE PROPOSING IS 29% ALONG KNOX AVENUE AND 42% ALONG WEST 81ST STREET. THE 81ST STREET SIDE IS COMPLIANT BUT.  THE 29% IS NOT COMPLIANT AND STAFF BELIEVES THAT THIS IS INADEQUATE.  AND SO WE ARE RECOMMENDING A CONDITION THAT RECOMMENDS INCREASING THE BUILDING STREET ENCLOSURE TO MATCH THE SOUTHERN FACADE THE BUILDING ACROSS KNOX AVENUE AND THIS IS CONDITION NUMBER SEVEN AND SO THIS WOULD THE IMAGE ON THE RIGHT ULTIMATELY SHOWS A BUILDING EXTENSION AREA WITH THE RED LINE AS KIND OF THE MATCH LINE.  AND THEN JUST TO NOTE THAT THE BUILDING EXTENSION AREA ITSELF COMES OUT TO 10,000 SQUARE FEET, WE'RE NOT RECOMMENDING THAT THEY EXPAND 10,000 SQUARE FEET. RATHER IT'S JUST TO SHOW KIND THE EXTENSION POINT THAT THEY COULD EXPAND UP TO THAT POINT THROUGH A BUILDING, AN EXPANSION OR RECONFIGURE THE BUILDING. AND SO YEAH THE STREET ENCLOSURE WITH OUR RECOMMENDATION INCREASES THAT TO ABOUT 47%.  SO THE APPLICANT HAS EXPRESSED DIFFICULTY MEETING THE 50% STREET ENCLOSURE AND THEY DO HAVE A PRESENTATION AFTER THIS TO I'M ASSUMG JUST SOME OF THOSE ISSUES.  AND SO THE CONDITION TO MATCH THE SOUTHERN FACADE OF THE APARTMENTS ACROSS KNOX AVENUE WOULD MEET THE INTENT GOALS OF THE PAN AMERICAN DISTRICT PLAN AS WELL AS THE C FIVE ZONING DISTRICT. SO INCREASING THE STREET ENCLOSURE TO THIS DEGREE WOULD ULTIMATELY NOT CONFLICT WITH ACCOMMODATING A SEWER EASEMENT, NOT CONFLICT WITH MAINTAINING OPERATIONS IN THE EXISTING BUILDING DURING CONSTRUCTION AND ALSO NOT APPEAR TO CONFLICT WITH THE FLOOR PLAN AND ULTIMATELY WOULD POTENTIALLY SERVE AS A BENEFIT TO EXPANDING THE SHOWROOM .  AND THEN LASTLY GETTING INTO THE LAST DEVIATION THAT THEY'RE REQUESTING FLOOR AREA RATIO THE MINIMUM FLOOR AREA RATIO IS 0.6 FOR PREEXISTING AUTO DEALERSHIPS.  WHAT THEY'RE PROPOSING IS 0.23 THE EXISTING IS 0.09 AND SO ULTIMATELY TO MEET THE 2.6 FDR THEY WOULD HAVE TO BASICALLY TRIPLE SIZE OF THE BUILDING FOOTPRINT TO 151,000 SQUARE FEET AND.  SO THE FSR EXCUSE ME THE FSR MAY BE REDUCED AT THE DISCRETION OF CITY COUNCIL PROVIDED.  THE CITY COUNCIL CAN MAKE REQUIRED FIND FINDINGS OUTLINED IN CITY SORRY IN CITY CODE THAT SHOULD SAY SO THE APPLICANT STATES THAT THEY MEET THEIR FINDINGS DUE TO EXPANDING THE SITE PROVIDING HIGH PAYING JOBS BRINGING THE SITE INTO CONFORMANCE AND THEN ACCOMMODATING A SANITARY SEWER PIPE AND EASEMENT TO EXPAND OVERALL CAPACITY WITHIN.  THE PENN AMERICAN DISTRICT AND SO HERE I HAVE HIGHLIGHTED FOR YOU THE FDA OUR FINDINGS THAT CITY COUNCIL MUST MAKE ULTIMATELY I JUST WANT TO HIGHLIGHT THAT STAFF IS SUPPORTIVE OF THE FAIR DEVIATION PROVIDED THAT THE STREET ENCLOSURE CONDITION IS SATISFIED AND THEN LASTLY GETTING INTO SCREENING OR SCREENING LANDSCAPING AND STREETSCAPE EXCUSE ME THE OVERALL LANDSCAPING QUANTITY IS COMPLIANT WITH CITY CODE AND THEY'RE SHOWING PARKING LOT ISLAND TREES AND SCREENING WHICH IS IMPORTANT FOR THOSE PARKING SPACES THAT ARE ADJACENT TO THE MULTIFAMILY BUILDINGS ACROSS KNOX AVENUE AND THEN IN THE UPPER RIGHT CORNER I HAVE SOME IMAGES OF EXAMPLES THEY PROVIDED SHOWING THE PROTECTION BLOCKS KIND OF AROUND THE PERIMETER OF THE SITE. THESE ARE TO PREVENT VEHICLE THEFT AND ALSO THEY KIND OF ACT AS A PUBLIC SEATING.  THEY WILL BE AVAILABLE AROUND THE PUBLIC OR ON THE SITE AND THEN IN THE BOTTOM CORNER ARE TWO PERGOLAS THAT THEY'RE PLANNING ON INSTALLING FOR ALSO PUBLIC AND GATHERING. AND JUST TO NOTE THAT THESE MUST STAY OUTSIDE OF THE EASEMENT AND LANDSCAPING ARE BUT OVERALL I THINK THEY'VE DONE A GREAT JOB OF KIND OF PROVIDING STREETSCAPE DESIGN THROUGH THESE ELEMENTS AND LANDSCAPING AND THEN I HAVE A COUPLE OF RENDERINGS FROM STREET JUST SHOWING KIND OF WHAT THE WHAT THE BUILDING AND SITE WOULD LOOK LIKE WITH THAT STAFF IS RECOMMENDING APPROVAL THE APPLICANT AND AND IS AVAILABLE FOR ANY QUESTIONS AS WELL THANK YOU MS. O'DAY. ANY QUESTIONS FOR?  STAFF COMMISSIONER CUNNINGHAM. THANK YOU CHAIR PLANNER O'DAY NOTICED IN PLANS SUBMITTED BY THE APPLICANT THIS MAY BE A QUESTION FOR THE APPLICANT THAT SOME LIGHT LEVEL PLANS WERE SUBMITTED IS THERE A REQUIREMENT FOR AMOUNT OF LIGHT POLLUTION OFF OF A SITE? I'M THINKING OF THE MULTI-FAMILY CLOSE BY A LOT OF THE I THINK ALL OF THE LIGHT LEVELS AND AT THE PROPERTY LINE ON THE PLAN YES. CHAIR COMMISSIONER CUNNINGHAM THEY HAVE PROVIDED PLANS.  I HAVE REVIEWED THOSE. THEY DO MEET OUR OUR MINIMUM LIGHT LEVELS, OUR PARKING LOT LIGHTS DO HAVE TO BE 90 DEGREE CUT OFF AND SO THE ACTUAL LIGHT SOURCE CAN'T BE VISIBLE FROM THE PUBLIC VIEW.  SO WHAT THEY'RE SHOWING DOES MEET THAT.  THANK YOU. YEAH. HEY, OTHER QUESTIONS.  GUPTA THANK YOU, MADAM CHAIR. DE IT'S MY UNDERSTANDING THAT AUTOMOTIVE SALES ARE PERMITTED IN C FIVE IF IT'S AN EXISTING USE PRIOR TO JANUARY OF 2015. SO THAT INCLUDES EVEN IF THEY'VE DEMOED THE WHOLE BUILDING AND THEN REPLACING IT THAT COULD YOU JUST SPEAK MORE TO THAT CHAIR COMMISSIONER CAPTAIN WHAT EXACTLY YOUR QUESTION ON YOUR VERY FIRST SLIDE MAYBE IT'S THE IT'S THE FIRST SLIDE AFTER YOUR TITLE SLIDE NOW AND SO THE FIRST BULLET POINT MOTOR VEHICLE SALES PRIOR TO 2015 IS PERMITTED IN C FIVE AND I THINK AFTER C FIVE IT'S MAYBE CONDITIONAL OR NOT PERMITTED. SO THEIR DEMO THEIR REMOVING THE ENTIRE EXISTING USE AND THEN BUILDING IT BACK SO THAT DOESN'T NULLIFY THAT THAT DATA THAT PROVISION.  CHAIR COMMISSIONER COOKED IN NO SO THEY CAN IT'S STILL THE EXACT SAME SO IT'S NOT A CHANGE IN USE SO THEY CAN CONTINUE THE USE OF THE PROPERTY WITH MOTOR VEHICLE THEY MAY BE GETTING CONFUSED WITH SOMETHING ELSE WHERE LIKE WHEN SOMETHING BECAUSE LEGAL NONCONFORMING WE WE ALWAYS SAY LIKE THEY CAN'T EXPAND THEIR BUSINESS ANYMORE WHAT AM BEING CONFUSED WITH PERHAPS MR. MARKET CAN CLEAR MY BREAKS CHAIR ALBRIGHT COMMISSIONER AND CAPTAIN YEAH THE THE ISSUE IN THIS CASE THE INTENT OF THAT STANDARD HAVING THAT SAY IN PRIOR TO JANUARY 26TH 2015 THAT'S THE DATE WHICH IT WAS REZONE IN THE INTENT WAS THAT ANY EXISTING CAR DEALER WITHIN THE C5 DISTRICT COULD CONTINUE AND TO MODIFY BUT NO NEW OR ADDITIONAL SITES WITHIN THE C5 DISTRICT WOULD BE ALLOWED SO THAT THAT WAS THE INTENT OF THAT LANGUAGE. OKAY, THANK YOU. ANY ADDITIONAL QUESTIONS FOR STAFF ?  I HAVE ONE QUESTION AND IT RELATES TO ACTUALLY THIS MAPS THIS IS GREAT. SO DE C-5 IS ALSO WHAT IT IS ZONED TO THE NORTH INTO THE WEST OF THE SITE THAT NORTHWEST CORNER THAT ALSO ZONED C FIVE, CORRECT? CORRECT. AND BASED ON OUR LAST MEETING WHERE WE HAD AN APPLICATION AND THIS VERY SIMILAR AREA IT IS GUIDED FOR MORE INTENSE USE . IS THAT CORRECT THIS SUBJECT SITE OR THE THE NORTH WEST CORNER RIGHT THERE? IS THAT ALSO REGIONAL COMMERCIAL COMMERCIAL CHAIR ALBRECHT YES, ACTUALLY THEN GETTING I BELIEVE IS SAME BOTH ON THAT PORTION OF THE SOUTH TOWN SITE AND ON THE SITE REGIONAL COMMERCIAL IN BOTH CASES. THAT WAS MY QUESTION. ALL RIGHT. WOULD THE APPLICANT LIKE SPEAK ON THIS ITEM ?  IF YOU COULD INTRODUCE YOURSELF TO US THAT WOULD BE GREAT. DO YOU WANT ME TO WRITE AND TALK AT THE SCENE?  HI. MY NAME IS LINDA MCGINTY. I'M WITH THE AUTOMOTIVE GROUP AND FIRST OF ALL AND I'M ALBRECHT COMMISSIONER STAFF ON BEHALF OF OUR COMPANY I WANT THANK YOU.  WE'VE BEEN PRETTY LONG STANDING IN THE CITY OF BLOOMINGTON AND WE'RE VERY GRATEFUL FOR THE CONTINUED EFFORTS ON ALL SIDES TO ALLOW US TO STAY WHERE WE ARE AND TO SERVE THE MEMBERS OF YOUR COMMUNITY MANY OTHER COMMUNITIES MEMBERS WHO COME HERE ALSO AS A RESULT OF OUR STORES BEING IN THIS LOCATION. I JUST WANTED TOUCH ON A COUPLE LITTLE THINGS AND WE HAVE A FEW OTHER WITH US THAT ARE GOING TO ADDRESS SOME OF THOSE VERY SPECIFIC CONCERNS THAT WERE BROUGHT UP . CAR DEALERSHIPS ARE FRANCHISED ,YOU KNOW, TO MANUFACTURERS SO THERE ARE FRANCHISE LAWS AND VERY SPECIFIC ONES TO CAR DEALERSHIPS. EACH STATE HAS THEIR OWN SET OF RULES.  YOU MAY THINK THAT OH MY GOODNESS KNOW THERE WERE QUITE A FEW REQUIREMENTS IN THIS ZONING DISTRICT THAT MAKE IT A FAIR BIT CHALLENGING FOR A CAR DEALERSHIP TO EXIST IN THE SAME LOCATION AND PRESCRIPTIVE THE THE TERM USED AND IT TRULY IS PRESCRIPTIVE.  NONETHELESS IT WOULD BE VERY CHALLENGING AND MIGHT BE IMPOSSIBLE TO JUST SIMPLY FIND ANOTHER LOCATION FOR IMPLEMENTING HERE. IT'S NOT EASY HAVE TO BE WITHIN A CERTAINILEAGE DISTANCE OUR COMPETITORS AND IT AGAIN THAT'S ALL GUIDED BY STATE LAW. SO STAYING WAS VERY IMPORTANT TO US. WE REALIZED THAT A LOT OF THINGS HAVE CHANGED IN THE TIME SINCE WE WITH PLANNER MARKET GUARD IN CRAFTING THIS C5 CHANGE THAT WILL ADDRESSED AND AGAIN WE HOPE THAT YOU WILL SEE THAT WE HAVE WORKED REALLY HARD TO TRY AND A SIGNIFICANT AND MAJOR TO THIS SITE THAT WE THINK THE CITY WILL BE PROUD OF AND THAT WE THINK WILL WORK WELL THE NEIGHBORS IN THE AREA AND STILL ALSO BRING MANY.  SO FOR INSTANCE WE REPAIR ON 300 VEHICLES A DAY AND THESE ARE PEOPLE COMING FROM ALL OVER THE METRO TO GET THEIR VEHICLE OR TO PURCHASE A VEHICLE. SO YOU KNOW, IT HELPS YOUR RESTAURANTS AND YOUR SHOPPING IN THE AREA AND WE'LL TOUCH ON THE OTHER POSITIVE THINGS BUT I HOPE YOU'LL SEE THAT THAT WE'RE BRINGING SOMETHING THAT'LL VASTLY IMPROVE WHAT IS THERE. SO I'LL JUST FINISH AND THANK YOU. ANY QUESTIONS FOR MR. MCGEADY ? ANY OTHER MEMBERS FROM THE APPLICANT TEAM WISH TO SPEAK? I BELIEVE THERE'S A PRESENTATION AS WELL.  ALL RIGHT. GOOD EVENING. I'M SUSAN BRODSKY FROM LANDFORM PROFESSIONAL SERVICES . MY ADDRESS IS LISTED HERE. I'VE SIGNED IN ALREADY.  IF I CAN GET THE SLIDE SHOW TO WORK. SO BEAR WITH ME, PLEASE. AS LINDA MENTIONED, WE DO HAVE OTHER MEMBERS OF OUR TEAM TO SPEAK TO IN A LITTLE BIT MORE DETAIL. SOME OF THE ITEMS THAT MS. O'DEA HAS PRESENTED BEFORE US. SO HOPEFULLY THIS WILL WORK.  IF NOT YOU CAN TELL ME NEXT SLIDE. NEXT SLIDE.  ALL RIGHT. SO I THOUGHT I'D START OUT, YOU KNOW BRIEFLY JUST TALKING ABOUT, YOU KNOW, SOME OF THE SITE CONSTRAINTS, HOW WE KIND OF ARRIVED AT THE DESIGN WE'VE PRESENTED FOR YOU. AGAIN, IT'S A IT'S A CHALLENGING GO AHEAD. NEXT SLIDE. IT SHOULD WORK RIGHT NOW. THANKS. OKAY. THEY'RE WONDERFUL. ALL RIGHT.  AS IT WAS, IT WAS STATED. YOU KNOW, THERE ARE A NUMBER OF CONSTRAINTS ON THIS PROPERTY THAT WE HAD TO EVALUATE TO DEVELOP A NEW OR RATHER RECONSTRUCTED DEALERSHIP. SOME OF THOSE ARE LISTED HERE AND I WANT TO MINIMIZE ANY OF THEM BECAUSE THEY'VE ALL PLAYED A SIGNIFICANT IN SETTING THE BUILDING CONSIDERING SOME OTHER CONSTRAINTS FUTURE IMPROVEMENTS FROM THE SANITARY SEWER EXTENSION THAT IS LIKELY NECESSARY TO HAPPEN TO FACILITATE ADDITIONAL DEVELOPMENT IN PANAMERICAN DISTRICT AND THROUGHOUT THE CITY.  I WANTED TO ALSO POINT OUT YOU KNOW THIS COLORED MAP IS IT LOOKS KIND OF NICE BUT THERE ARE LITERALLY 33% OF THE SITE IS ENCUMBERED BY SOME SORT OF EASEMENT.  AND YOU KNOW, IT'S IMPORTANT TO NOTE BECAUSE YOU KNOW THIS IT IS KIND OF MAKES THE BUILDING YOU KNOW, LOCATION IN KIND OF PARAMOUNT TO WHERE HOW IT INTERACTS WITH THE REST OF THE SITE. GO TO THE NEXT SLIDE. SOME OF THOSE EASEMENTS WILL BE WE WILL PROPOSE TO VACATE SOME OF THEM AND WE WILL IN TURN TO DEDICATE NEW TO ACCOMMODATE SOME OF THE NEW FACILITIES. AND ONE OF THOSE BEING A SANITARY SEWER EXTENSION AND WE'LL TALK ABOUT THAT A LITTLE BIT LATER IN THE PRESENTATION. SO HERE'S THE AERIAL IMAGE OF THE EXISTING SITE AS WAS NOTED. THERE ARE THREE EXISTING BUILDINGS ON THE PROPERTY AND WHEN ACCUMULATED THERE YOU KNOW F OF 0.09 SO FAR BELOW THE REQUIREMENT OF 0.6 COINCIDENTALLY THE THE REQUIRED AND BRANDON GRACE FROM GRACE ARCHITECTS WILL SPEAK TO THIS FACILITY REQUIREMENTS WOULD YIELD A 27,000 SQUARE FOOT BUILDING FOR THIS OPERATION WELL YOU'LL SEE THAT OUR PROPOSED BUILDING IS ACTUALLY QUITE A BIT LARGER THAT BUT ACTUALLY PRETTY CLOSE TO WHAT IS ON SITE TODAY. SO THESE THREE BUILDINGS AGAIN WERE CONSTRUCTED IN SEPARATE PROJECTS OVER A PERIOD OF TIME SEPARATE PLOTS, COMPLETELY DIFFERENT FUNCTIONS THAT WEREN'T ALWAYS AUTO DEALERSHIPS. IN FACT, SOME OF THEM I THINK ONE OF THEM WAS EVEN A PANIC IN HOUSE EDITION AT ONE POINT. THIS PROVIDES YOU KNOW, SOME UNIQUE CHALLENGES FOR THE THE SITE TO OPERATE CURRENTLY YOU KNOW STAFF HAVING TO SHUFFLE BETWEEN BUILDINGS MAINTAINING PROPERTY WITH YOU KNOW A LOT OF OBSTRUCTIONS A CONFUSING LAYOUT FOR CUSTOMERS AND TRUCKS AND EXITING THE SITE MAKING IT DIFFICULT FOR VEHICLE DELIVERIES EMERGENCY SERVICES ETC. ALL THINGS ARE IN IS A CHALLENGE TO THE TO THE SITE AND.  IT IS NOT THE ONLY REASON WHY THINGS HAVE TO CHANGE ON THIS PROPERTY BUT CERTAINLY A REASON WHY THE MAJORITY OF THE SITE HAS TO BE IMPACTED BY BY THIS REDEVELOPMENT. SOME OTHER THINGS TO NOTE AGAIN THIS IS LARGELY, YOU KNOW, NOT COMPLIANT WITH ANY OF THE C FIVE ZONING STANDARDS. YOU KNOW, THERE'S THERE'S NO STORMWATER MANAGEMENT.  VERY LITTLE LANDSCAPING. THERE IS THE REMNANTS OF THE OLD IRVING RIGHT OF WAY AND STREET ON THE EAST SIDE OF THE SITE WHICH WAS TURNED BUT RETAINED AS AN EASEMENT. I THINK AROUND 2007 OR SO AND ANOTHER OF OTHER ITEMS I CAN POINT OUT IN A BIT LATER AGAIN THERE'S ALSO FOUR PARCELS THAT WERE DEVELOPED OVER A PERIOD OF A FEW YEARS. LASTLY, THERE ARE 16 EXISTING SERVICE BAYS WHICH DOESN'T MEET THE NEED OF OPERATIONS CURRENTLY.  SO THE PROPOSED BUILDING AND SITE LAYOUT IS IS IN FRONT OF YOU SOME AGAIN KEYNOTES THAT WE HAVE I THINK ATTEMPTED TO ACCOMPLISH AND WE AS LINDA SO ELOQUENTLY DESCRIBED WE'VE DONE BEST TO REALLY TRY TO MEET THE INTENT AND THE GOALS OF THE PAN AMERICAN DISTRICT AND THE C FIVE ZONING UNFORTUNATELY YOU KNOW WITH AN AUTO DEALERSHIP IT'S IT'S SO IMPORTANT FOR THEM TO HAVE MULTIPLE ACCESS INTO THE BUILDING FOR, YOU KNOW, SERVICE VEHICLE TRASH, ALL THESE THINGS, YOU KNOW, WHICH ARE TYPICALLY, YOU KNOW, PROVIDED AROUND THE ENTIRETY OF THE BUILDING AND WE'RE WE'RE SIMPLY NOT ABLE TO ACCOMMODATE THAT. SO WE DID OUR BEST TO YOU KNOW ,MEET THE STREET ENCLOSURE REQUIREMENTS AND THIS WAS KIND OF THE RESULT OF THAT. OUR ONE POINT WE ALSO DID STRATEGICALLY LOCATE, YOU KNOW ,THE THE CUSTOMER INTERFACING ELEMENTS WITH KNOX AS WE THOUGHT THAT WAS AN APPROPRIATE LOCATION TO PUT IT THAT WAY. YOU KNOW WE WERE ALSO FOCUSING THE AND THE CAR WASH AND THE SHOP FURTHER AWAY FROM THE RESIDENTIAL SITES ACROSS THE STREET. SO WE THOUGHT THAT WAS IMPORTANT TO NOTE HERE AS WELL HAVING A MITIGATION FOR ANY YOU KNOW, SOUND IMPACTS TO THE NEIGHBORS ARE SOME OF THE KEY THAT WE HAVE ON ON THIS REDEVELOPMENT. OF COURSE WE ARE COMPLIANT WITH THE MAJORITY IF NOT ALL OF THE LANDSCAPE REQUIREMENTS AND THAT ARE LACKING. WE'RE SIMPLY EASILY ABLE TO ACCOMMODATE WE HAVE 102 TREES NOW ACTUALLY WE ADDED ONE TREE THROUGH A RECENT MIDDLE PROCESS BUT WE ARE EXCEEDING THE REQUIRED A LOT OF THAT IS CLUSTERED AROUND THE PERIMETER AND JOSH PAUL PAINTER LANDSCAPE ARCHITECT WHAT OF SPEAK TO THE STREETSCAPE ELEMENTS AND THE DESIGN THAT INTO THE CONSIDERATION FOR ALL OF THOSE THOSE ITEMS ON THE STORMWATER MANAGEMENT WILL BE HOUSED UNDERGROUND ON THE NORTHEAST CORNER OF THE SITE I THINK WE ALL RECOGNIZE THAT THAT'S A SIGNIFICANT INVESTMENT AND ALLOWS FOR REALLY THE DENSIFICATION AND UTILIZATION OF LAND WHICH WOULD OTHERWISE BE CONSUMED BY A POND THAT WOULD BE YOU KNOW, ABOVE GRADE.  SO YOU KNOW, IT'S NOT UNCOMMON FOR OF COURSE COMMERCIAL AND IN PARTICULAR AUTO DEALERSHIPS TO UTILIZE UNDERGROUND STORMWATER FOR THEIR STORMWATER NEEDS.  AND THEN LASTLY AGAIN IT WAS MENTIONED THAT THE EXISTING BUILDING WILL BE PRESENT WHILE WE CONSTRUCT THIS BUILDING. THAT'S ACTUALLY I DON'T SAY THE MOST IMPORTANT REASON WHY THIS BUILDING HAS KIND OF SITED THE WAY IT IS BUT IT'S CERTAINLY HAD A SIGNIFICANT IMPACT. WE DID CONSIDER MANY DIFFERENT ITERATIONS OF THIS BUILDING LAYOUT.  WE'VE BEEN WORKING ON THIS SITE FOR THE BETTER PART OF ALMOST A DECADE. YOU KNOW, GO BACK TO THE REZONING EFFORTS FROM 2015 WE WERE ALREADY ACTIVELY LOOKING AT HOW WE RECONSTRUCT THE SITE TO BETTER FUNCTION FOR LUTHER . SO THIS IS A LONG TIME COMING AND WE FEEL PRETTY PROUD OF WHAT WE'RE PRESENTING TO YOU BUT HAVING BUILDING ON THE SOUTH HALF OF THE SITE WILL ALLOW FOR A PROJECT THAT'S ONLY PHASED IN TWO PHASES RATHER THAN TRYING TO HAVE A TEMPORARY SET UP WITH SALES TRAILERS AND MAKESHIFT OPERATIONS.  SO IT EXPEDITES THE CONSTRUCTION PROCESS AND PROVIDES A BETTER EXPERIENCE FOR CUSTOMERS AND EMPLOYEES DURING THE CONSTRUCTION PROCESS.  THIS IS INCREDIBLY DIFFICULT TO READ FROM HERE KNOW BUT IT WAS INCLUDED IN THE PACKET SO HOPEFULLY YOU HAD A CHANCE TO TO LOOK AT IT BUT WE DID SORT OF PROVIDE A COMPLETE AS WE SAW IT A SUMMARY WHERE WE WERE COMPLIANT OR NOT COMPLIANT WITH THE CITY CODE AND C-5 AND IT WAS REALLY A COMPARISON OF THE EXISTING CONDITION VERSUS THE PROPOSED CONDITION I THINK WAS IDENTIFIED THE ITEMS WE WILL BE SEEKING FLEXIBILITY BUT YOU KNOW THE GOAL HERE IS TO MOVE YOU KNOW ,CLOSER TOWARDS COMPLIANCE AND I THINK IT'S IT'S IT'S EASILY DEMONSTRATED ALL THAT THIS THIS IS THAT WE ARE DOING EXACTLY THAT. SO AGAIN  I KNOW IT'S HARD TO READ HERE BUT IT IS INCLUDED IN THE PACKET AND A FEW THINGS THAT I THINK I SHOULD MENTION REGARDING THIS.  WELL I'LL LET MR. PROPANE ABOUT THE LANDSCAPE ITEMS BECAUSE THOSE ARE PROBABLY THE MOST SIGNIFICANT SO I'M HERE FOR ADDITIONAL QUESTIONS IF YOU HAVE ANY AS THEY COME UP BUT I'LL HAND IT OFF TO JOSH THANK YOU  AGAIN JOSH FOR PAYING LANDSCAPE ARCHITECT WITH LAND FOR PROFESSIONAL SERVICES WORKING TOGETHER WITH STEVE VERY CLOSELY IN OUR OFFICE AND THE REST OF OUR TEAM OBVIOUSLY I'M JUST GOING TO GET INTO THE LANDSCAPING STREETSCAPE A LITTLE MORE DETAILED.  MS. O'DAY DID SAY WE ARE IN COMPLIANCE WHICH IS TRUE BUT THIS SITE AND THIS SORRY THERE WE GO THIS SITE AND THIS LOCATION IN THE PENN AMERICAN DISTRICT WE THINK NEEDS QUITE A BIT MORE OOMPH AND THAT'S WHAT WE'RE GOING TO PROPOSE TO PROVIDE FOR YOU GUYS. SO I JUST WANT TO WALK THROUGH THE STREETSCAPE A LITTLE DETAIL BECAUSE LOOKING AT A PLAN PRETTY HARD TO UNDERSTAND. SO I'M JUST KIND OF KIND OF BREAK OUT THE LAYERS ON WHAT ACTUALLY IS GOING OUT THERE IN THE PUBLIC REALM SO YOU CAN KIND OF UNDERSTAND A LITTLE BIT BETTER SO QUICKLY.  THE FIRST THING IS WE HAVE THIS BIG PUBLIC AREA, THIS BIG OF NEED FOR PEDESTRIANS WHICH RIGHT NOW ON THE SITE IS VERY MUCH LACKING. IT'S KIND OF A INHOSPITABLE,  UNFRIENDLY KIND OF PLACE. SO WE'RE GOING TO START ENHANCING AND ONE OF THE WAYS WE CAN DO THAT IS TO OFFER SOME PLACES TO SIT SO WE'LL BRING IN SOME BENCHES ALONG. KNOX WHICH IS THE STREET THAT'S BEEN IDENTIFIED BY CITY STAFF AS SOMETHING THEY WANT TO SEE VERY PEDESTRIAN FRIENDLY. SO OBVIOUSLY BENCHES CAN ATTRACT PEOPLE.  PEOPLE CAN SIT AND LINGER SO YOU CAN SEE THERE ON THE PLAN WE'RE GOING TO BRING IN BENCHES ALONG THE WAY ALSO ACCESS INTO THE SITE RIGHT NOW AS PERSON WALKING OR EVEN ON A BIKE IS LITTLE SKETCHY SO WE HAVE AN ACCESSIBLE WALKWAY DEDICATED FOR PEOPLE TO COME OFF THE PUBLIC SIDEWALK UP RIGHT THE MAIN DOOR OF THE SITE WITHOUT HAVING TO TRAVEL THROUGH ANY KIND OF PAVEMENT CONFLICTING WITH ANY CARS. SO THAT'S DEFINITELY AN UPGRADE TO WHAT'S GOING ON RIGHT THERE CURRENTLY AND OF COURSE IS A PUBLIC STAIR FOR PEOPLE THAT DON'T NEED THE RAMP TO GET OFF THE SIDEWALK UP INTO THE UP INTO MAIN DOOR OF THE BUILDING. SO YOU KNOW, WE'RE REALLY TRYING TO ENHANCE THIS UNINVITING AREA, THIS SORRY EXCUSE ME THIS VERY INHOSPITABLE KIND OF AREA FOR RESTAURANTS AND TRY TO TRY MAKE THAT A LITTLE BIT MORE FRIENDLY. SO ONCE YOU DO KIND OF THE MEAT AND BONES IT WAS MENTIONED EARLIER WE'RE DOING STONE BLOCKS AS BENCHES BUT WE'RE DOING ANOTHER LAYER OF THOSE BLOCKS THROUGHOUT THE SITE WHICH ACT AS KIND OF AN ESTHETIC TO ADD INTO THE MASSIVE OF PLANTINGS WE'RE GOING TO DO OUT THERE. SO ANOTHER ANOTHER VISUAL ELEMENT TO KIND OF MAKE A MORE INVITING STREETSCAPE BUT THEY DO HAVE A DO A DUAL PURPOSE THAT THEY DID ALLUDE TO IN THAT THEY ACTUALLY SPACED AND ORIENTED SO VEHICLES ON SITE CAN'T BE STOLEN AND THAT'S THAT'S ACTUALLY A BIG CONCERN OF AUTO DEALERSHIPS,  LUTHERAN IN PARTICULAR.  THEY DO HAVE A LOT OF THEFT AND.  PEOPLE ARE BRAZEN ENOUGH WHERE THEY COME ON THE SITE, STEAL CAR AND DRIVE IT RIGHT OFF IN A WAY SO THESE BLOCKS WHILE THEY LOOK NICE AND THEY'LL MATCH AND WITH THE WITH THE ARCHITECTURAL COLORS AND MATERIALS THEY ACTUALLY HAVE KIND OF A DUAL PURPOSE SO THAT'S KIND OF A WIN FOR FOR BOTH THE CITY AND AND THE CLIENT.  SO ADDING ANOTHER LAYER UP IN THE NORTHWEST CORNER WE ARE PROPOSING A ANOTHER SEATING AREA A COUPLE PERGOLAS BECAUSE THIS AREA THIS INTERSECTION APPEARS REALLY WIDE AND IF YOU'RE FAMILIAR WITH IT IT'S KIND OF VERY VAST, NOT A WHOLE LOT GOING ON OUT THERE AND WE THINK IF WE CAN DO SOME VERTICAL ELEMENTS OUT HERE WE'RE REALLY ADDING TO KIND OF ANCHOR THAT CORNER INTO THIS AREA AND TRY TO, YOU KNOW, CREATE SOME IDENTITY FOR THE FOR THAT INTERSECTION AND ALSO FOR LUTHER.  SO WE PROPOSE AS A COUPLE PERGOLAS WITH THIS AGAIN THE STONE BLOCK BENCHES UNDERNEATH THEM AND THE VERTICALITY KIND OF MATCHES IN WITH THE VERTICALITY OF THE EXISTING LUTHER MONUMENT SIGN PYLON SIGN EXCUSE ME SO WE KIND OF HAVE A LITTLE BIT BEEFIER CORNER UP THERE AND OF COURSE THE ENTIRE AREA IS GOING TO BE PLANTED HEAVILY AROUND IT'S KIND OF MATCHING WHAT WE'RE DOING WITH THE REST OF THE BOULEVARDS .  A BIG COMPONENT OF THIS PROJECT IS THE PLANTINGS AND WE'VE GONE WELL BEYOND WHAT YOU MIGHT OTHERWISE SEE AT A CAR OR CAR DEALERSHIP SPECIFICALLY BUT THIS SITE IN THIS LOCATION THE CITY WE THINK REQUIRES SO WE'RE DOING A TON OF NATIVE GRASSES, PERENNIALS, SHRUBS ALL IN THIS PUBLIC ZONE ALONG 81ST AND KNOX AND EVEN A PORTION OF AMERICAN BOULEVARD AND WE'RE WELL WE'RE ALSO DONE 94% OF OUR PLANTS IN THE GROUND WILL BE NATIVE PLANTS.  SO WE'RE REALLY HEAVY ON THE NATIVE PLANTS. YOU KNOW, THEY REQUIRE LESS WATER. THAT'S ANOTHER LITTLE POINT IN THE PAN AMERICAN DISTRICT PLAN THEY ATTRACT POLLINATORS WHICH YOU HEAR IN THE NEWS ALL THE TIME. THIS IS THIS IS A GOOD THING AND IT JUST GREATLY ENHANCES THE URBAN LANDSCAPE, YOU KNOW, VISUALLY AND ENVIRONMENTALLY. SO WE THINK WE CAN DO A LOT BETTER THAN JUST GRASS WITH A ROW OF SHRUBS TO KIND OF SCREEN THE THE VEHICLES, OUR PLANTS THEY'RE GRASSES OR PERENNIALS O SHRUBS ALL MEET THE CITIES REQUIREMENT FOR HEIGHT SO THEY ALL KIND OF ADD A LAYER OF SCREENING BETWEEN THE PUBLIC SIDEWALK AND THE PUBLIC AND THE PARKING AREAS SO WHEN IT'S ALL SAID AND DONE IT'LL REALLY BE A YOU KNOW, VERY MUCH KIND OF KALEIDOSCOPE OF PLANTS AND AND COLOR SEASONAL INTEREST OUT THERE THAT I THINK WILL BE REALLY REALLY ENHANCE THIS AREA .  AND LAST BUT NOT LEAST, STREET TREES CITY CODE DOES REQUIRE STREET WHICH WE HAVE ALONG THREE OF THE FOUR SIDES I THINK IT'S EVERY 30 FEET. SO THOSE ARE IN REQUIRED BY CODE MOSTLY NATIVE SPECIES.  ONE OF THE SPECIES IS NOT NATIVE IS FROM IOWA SO YOU KNOW CLOSE ASPEN NOT QUITE MINNESOTA BUT YOU KNOW IT'LL GROW WELL HERE AND THEN OBVIOUSLY WE HAVE THE INTERIOR TREES TWO TREES IN EACH ISLAND, TREES ALONG EAST SIDE SO WE'RE PRETTY HEAVILY HEAVILY STACKED WITH TREES.  THIS DOES MEET CITY CODE SO WE'RE NOT GOING WELL BEYOND OR WELL UNDER IT BUT WE'RE DEFINITELY GOING WELL BEYOND WHAT'S WHAT'S OUT THERE NOW.  SO STRETCHES ARE OBVIOUSLY ADDING TO THAT RHYTHM ALONG THE STREET AND KIND OF CREATING SOME COHESIVENESS TO THE DISTRICT AND THE ENVIRONMENTAL BENEFITS OF YOU KNOW, REDUCING OUR HEAT ISLANDS AND INCREASING SHADE I THINK IS SOMETHING THAT EVERYBODY CAN CAN RELATE TO.  SO  SO WHEN IT'S ALL COME TOGETHER, THIS IS WHAT YOU SEE AND LOOKING AT THIS PLAN AS I SAID IT'S HARD TO PULL OFF THE DIFFERENT ELEMENTS BUT I THINK WALKING THROUGH LIKE LIKE I JUST DID HOPEFULLY IT HELPS UNDERSTAND WHAT'S GOING ON OUT THERE.  I GUESS I'LL ANSWER ANY QUESTIONS IF YOU HAVE ANY OTHERWISE WE'LL SEND IT ON TO OUR NEXT TEAM MEMBER.  COMMISSIONER CUNNINGHAM THANK YOU CHAIR. I HAVE TWO QUESTIONS. THE FIRST ONE I BELIEVE IS RELATED TO LANDSCAPING ON THE BUILDING ELEVATIONS ON THE PARTIAL WEST ELEVATION THE SOUTH ELEVATION THERE ARE ACM WHAT APPEARS TO BE ACM INLAYS THAT HAVE SOMETHING THAT'S GREEN THE SHAPE OF A TREE YEAH. ARE THOSE ADDITIONAL PLANTINGS WITHIN A BOX OR ARE THOSE PAINTED ON THE BUILDING THOSE ARE PLANTERS INTEGRAL TO THE BUILDING AND WE'RE PROPOSING SOME EVERGREEN SHRUBS IN THOSE PLANTERS WHERE APPROPRIATE JUST AS ANOTHER ELEMENT TO KIND OF BREAK UP THE FACE OF THE BUILDING SO YOU HAVE A LITTLE SOFTER, SOFTER FACE ON SOME OF THOSE BUILDING SIDES. THANK YOU. MY SECOND QUESTION UNFORTUNATELY IS A TWO PARTER THE ACCESSIBLE OFF OF KNOX IS THAT TO TIE INTO THE EXISTING GRADES ON THE EXISTING SIDEWALK ON KNOX? YEP. DID YOU AT ALL A WAY BY MY COUNT AND I'M JUST DOING MATH ON A PIECE OF PAPER HERE IT'S ABOUT 108 FEET FROM THE STAIRS. DID YOU GUYS DO ANY STUDY?  SEE IF IT WOULD BE POSSIBLE TO BRING THAT ACCESSIBLE OUT CLOSER AND STILL BE IN COMPLIANCE WITH ADA AND SORRY THAT MIGHT BE YEAH. A QUESTION FOR MR. MCGINN OR MR. ABRAMSKY.  YEAH.  CHAIR MEMBERS THE COMMISSION WE DIDN'T LOOK AT YOU KNOW MAKING THAT THE SMALLEST LENGTH POSSIBLE OF COURSE YOU KNOW DEPENDING ON WHERE THE PEDESTRIAN IS COMING FROM THAT COULD BE COMING FROM THE NORTH IN WHICH CASE IT MIGHT MAKE SENSE FROM THE GET ON TO THAT PORTION OF THE SIDEWALK AT THAT POINT AND THE SAME TRAVEL DISTANCE.  RIGHT. THE DIFFERENCE WOULD BE IF THEY'RE COMING FROM THE SOUTH AND THEY HAVE TO LOOP AROUND A LITTLE LONGER TO GET THERE, I WILL SAY IT IS IS YOU KNOW BUT WE LIKE TO GIVE A LITTLE BIT OF TOLERANCE FOR CONSTRUCTION AS WELL. SO IF A SIDEWALK IS BUILT JUST SLIGHTLY STEEPER THAN IT NEEDS TO BE THEN THEN IT DOESN'T MEET ADA COMPLIANCE AND YOU HAVE TO RIP IT OUT AND REDO IT. SO EXTENDING THE WALK AS LONG AS IT IS ALLOWS FOR A LITTLE BIT MORE FLEXIBLE CONSTRUCTION TOLERANCE AND FLEXIBILITY ADDITIONALLY IS SORT OF A LOGICAL PLACE TO EXTEND THE LOCK. SO NOT ONLY A PERSON THAT IS NEEDING TO USE THE ACCESSIBLE ROUTE BUT SOMEBODY MIGHT BE PARKING ON PERIMETER PARKING STALLS COULD ALSO UTILIZE THE WHOLE WALK IF THEY'RE PARKED AT THE FAR NORTH END AND NOT HAVE TO WALK THROUGH THE PARKING LOT TO GET TO THE STORE. ONE OTHER POINT I WANTED TO MENTION ABOUT THE SITE PLAN HERE IN PARTICULAR TOO IS WE DID MOVE THE ACCESS ON KNOX A LITTLE BIT FURTHER TO THE NORTH AND THERE'S A COUPLE OF REASONS FOR THAT. ONE WAS TO PRESERVE THAT CORRIDOR FOR A POTENTIAL SANITARY SEWER EASEMENT OR EXTENSION TO THE PROJECT SITE WHICH WE ARE STILL IN DISCUSSIONS WITH THE CITY AND HOW THAT'S GOING TO BE ARRANGED IT'S NOT KNOWN AT THIS AT THIS POINT IN TIME BUT IT ALSO ENDS UP PUSHING, YOU KNOW, A DIVISION OF THIS SITE FURTHER TO THE NORTH ALLOWING FOR CUSTOMERS TO PARK CLOSER TO THE STALL SO YOU DON'T HAVE TO PASS TRAFFIC AS THEY ENTER THE SITE NEARLY AS MUCH. SO YOU HAVE KIND OF A SAFE SPOT FOR CUSTOMERS TO PARK IN KIND OF A LEISURELY AROUND THE SITE WITHOUT HAVING TO WORRY ABOUT CROSS TRAFFIC SO IT WAS HOPEFULLY THE ANSWER TO YOUR QUESTION. IT DID. THANK YOU VERY MUCH TO BOTH OF YOU AND. I THINK JOSH IS THERE JUST DONE SORT OF TAKE OVER FROM HERE. I GOOD EVENING BRIAN AND GRACE CHRIS ARCHITECTURAL ARCHITECT FOR LUTHER AUTOMOTIVE GROUP APPRECIATE YOU HAVING US HERE TONIGHT I TRY NOT TO REPEAT TOO MUCH OF WHAT WE DID BUT AS YOU CAN SEE THIS IS A VERY UNIQUE DESIGN TO JUST TO THE QUANTITIES OF THE PRESCRIPTIVE DESIGN REQUIREMENTS MORE SO YOU KNOW WE KNOW WE HAVE THE CITY WE TALKED ABOUT THE CITY REQUIREMENT.  WE TALKED ABOUT THE EXISTING SITE CONSTRAINTS BORDERED BY THREE STREETS. WE HAVE EXISTING SITE OPERATION TO MAINTAIN AND WE HAVE THE EASEMENTS TO DEAL WITH MORE. SO WE HAVE A KEY MANUFACTURER THAT WE HAVE TO APPEASE AS WELL AND OWNER NEEDS AS WELL.  WE'RE REALLY LOOKING AT THOSE FOUR MAIN FACTORS WHEN WE'RE DESIGNING THE SITE OVERALL I THINK WE TALKED ABOUT HOW IT ENDED UP IN THE SOUTHWEST CORNER WE DID DO A RATHER EXTENSIVE ITERATION LOOKING AT THE NORTH WEST CORNER AS WELL ULTIMATELY RULING THAT OUT JUST BECAUSE OF THE PHASING IN ORDER TO KEEP THE EXISTING OPERATIONS GOING.  SO THE SOUTHWEST CORNER DESIGN ITERATION BECAUSE OF THE BUILDING ENVELOPE REQUIREMENTS SET US UP IN A MODIFIED L-SHAPED BUILDING.  SO KNOX WAS IDENTIFIED AS A PRIMARY STREET AND FIRST AS A SECONDARY STREET. YOU CAN SEE WE DID HIT THE SECONDARY STREET REQUIREMENTS LOOKING AT THE BUILDING ENVELOPE AS FAR AS HITTING THE 50% ALONG KNOX I CAN TELL YOU WE DID EVERYTHING WE COULD DO REQUIREMENTS IS A 27,000 SQUARE FOOT BUILDING.  WE LOOKED AT IT AND SAID WELL HOW MUCH CAN OUR BUSINESS MODEL TAKE AS FAR AS SIZE GO BECAUSE BUILDING SITE IS DIRECTLY RELATED TO COST SO WE ENDED UP JUST SHY OF 60,000 SO DOUBLE THE CARE REQUIREMENTS PUT IN MOST OF THAT THE RETAIL SIDE OF IT. SO OUR SHOWROOM BOX MORE THAN DOUBLE THE REQUIREMENTS WITH THAT WE ALSO HAD TO ACCOMMODATE THE PROPORTIONS OF THE SHOWROOM THAT KIER REQUIRES SO HAVE FIVE CONSULTATION OFFICES LOUNGE ACCESS WHICH IS A CENTER CENTER TO THE TO THE LOUNGE ALIGNED WITH THE RECEPTION AND THE FRONT DESK AND THAT A SALES MANAGER SO WE WERE JUST APPRECIATE MR. DAY'S COMMENTS ON THE BUILDING AND CLOSURE BUT IT'S DIFFICULT TO CHANGE THOSE PROPORTIONS BECAUSE WE'RE STAYING THE Q REQUIRED PROPORTIONS FOR THAT SHOWROOM AND.  WE'VE ALREADY DOUBLED THE SIZE OF THE REQUIREMENTS OF THE SHOWROOM SO JUST WANT TO TAKE THAT UNDER CONSIDERATION WHEN WE DID THE DOUBLING OF THE BUILDING THAT DID HELP US WITH THE FHA AND APPRECIATE SUPPORT ON THAT? SO I DON'T WANT TO GET TOO FAR INTO THAT LOOKING AT MATERIALS ARTICULATION, TRANSPARENCY, HEIGHT AND THE CITY REQUIREMENTS. I FEEL LIKE WE ARE MEETING OR CLOSE TO MEETING ALL THOSE REQUIREMENTS SO AGAIN APPRECIATE STAFF SUPPORT ON THAT THE OWNER REQUIREMENTS AGAIN THIS CONFIGURATION ALLOWED US TO MAKE SURE WE WERE MITIGATING NOISE THE BEST WE COULD KEEPING SERVICE CLOSEST TO THEIR OTHER AUTOMOTIVE OPERATIONS AWAY FROM THE RESIDENTS WE HAVE A FULLY ENCLOSED SERVICE DEPARTMENT THAT WILL BE AIR CONDITIONED SO BE NO OPEN AIR SO YOU WON'T GET THE MECHANIC NOISE.  THE CAR WASH IS ON THE FAR SIDE OF THE BUILDING AGAIN ENCLOSED TRYING TO LIMIT THE NOISE TO THE NEIGHBORS.  SO WE ALSO HAD TO TAKE INTO THE FUNCTIONAL REQUIREMENTS WHICH STEVE TALKED A LITTLE BIT ABOUT. WE DO NEED CIRCULATION THROUGHOUT TO GET VEHICLES IN AND OUT OF THE SERVICE RECEPTION AND THE SERVICE DEPARTMENT IN THE CAR WASH AND AGAIN JUST OVERALL IMPROVED EXPERIENCE FOR CUSTOMERS AND EMPLOYEES. SO WE REALLY ARE IN NEED OF A NEW BUILDING HERE ONE THAT WE CAN ALL AGREE ON GOING TO BENEFIT THE PUBLIC, THE COMMUNITY, THE EMPLOYEES,  LUTHER AUTOMOTIVE SO ANY QUESTIONS ABOUT THE DESIGN ITSELF?  ANY QUESTIONS FOR THE APPLICANT? COMMISSIONER WHITE THANK YOU CHAIR. IT'S CERTAINLY NOT A REQUIREMENT BUT I'M WONDERING LOOKING AT THAT LOVELY FLAT ROOF WHETHER YOU'VE THOUGHT ABOUT SOLAR POWER ALL FOR YOUR OPERATION WE DO CONSIDER SOLAR POWER ALL LUTHER PROJECTS SO IF IT DOES NOT GO IN NOW IT IS DESIGNED TO GO IN SO WE ADD A 5 TO ú6 PER SQUARE FOOT LOADING REQUIREMENT ON THE JOYCE SO THEY CAN PUT IT IN AT ANY TIME.  OTHER QUESTIONS COMMISSIONER CUNNINGHAM AGAIN, I HAVE TO I PROMISE I'M NOT TRYING TO STUMP YOU GUYS TO QUICK QUESTIONS ON YOUR PLAN SUBMITTED PLAN SHEET A ONE ON ONE YOU HAVE THREE OVERHEAD DOORS ON THE SOUTHEAST CORNER OF THE BUILDING THAT LEAD INTO A TRASH AND RECYCLING ROOM IS THAT STRICTLY FOR TRASH RECYCLING? IS THERE ANY SHIPPING RECEIVING THROUGH THAT AREA WITH THE OVERHEAD DOORS THAT IS NOT SHIPPING RECEIVING SO TYPICALLY WE WILL HAVE A SKID STEER STORED IN THERE FOR SNOW REMOVAL AND THEN RECYCLING TRASH TIRE STORAGE. SO THAT'S YOU KNOW THE SIZE AND AMOUNT OF ACCESS TO IT IS JUST BECAUSE EACH INDIVIDUAL DOOR WOULD ALLOW THEM TO ACCESS INDIVIDUAL COMPONENTS. EXCELLENT. THANK.  A SECOND QUESTION WAS DOES THE EXISTING Q DEALERSHIP HAVE A WASH INSIDE OF THE FACILITIES AND SEEING A NOD FROM MR. MCGUINTY. SO THANK YOU. YOU KNOW. YOU'RE WELCOME.  ANY OTHER QUESTIONS FOR ANY PART OF THE YES.  MCGOVERN THANK YOU. I'M A LITTLE CONCERNED ABOUT THE THE DRIVE THE DRIVEWAY ON AMERICAN BOULEVARD COMING INTO THE PARKING LOT DECIDED TODAY . YES. OKAY. YEAH.  APPARENTLY I DON'T HAVE MY EYES OPEN WHEN I'M PASSING HERE SO I WILL PAY MORE CLOSE ATTENTION. THANK.  ALL RIGHT. THANK YOU. ANY ADDITIONAL QUESTIONS FOR ANY OF THE APPLICANT T  O ONE MORE FOR MORE. ALL RIGHT.  I PROMISE TO SIGN IN AFTER THAT.  THAT SOUNDS GOOD. THANK YOU, CHAIR ALBRECHT COMMISSIONERS, I'M HOPEFULLY I CAN BRING THIS ALL HOME AND DO IT EFFICIENTLY, BUT I THINK THE FACT THAT YOU HAVE FIVE PRESENTERS TONIGHT REALLY GOES TO HOW IMPORTANT THIS IS TO LUTHER COMPANY IS TO LUTHER AUTOMOTIVE GROUP.  THEY'VE BEEN IN THIS LOCATION FOR A VERY LONG TIME. THEY'VE BEEN IN THE CITY FOR A VERY LONG TIME. AND SO WHAT I'M REALLY GOING TO TRY AND TIE TOGETHER IS WHAT HAPPENED TEN YEARS AGO AND HOW THIS REALLY FULFILLS THAT VISION BECAUSE I THINK YOU KNOW OF THE COMMISSIONERS QUESTIONS INDICATE WELL YOU KNOW THIS IS AC5 SITE BECAUSE IT SUPPOSED TO BE INTENSELY DEVELOPED AND YOU KNOW, ISN'T IT ONE OF THE LOCATIONS WHERE WE EXPECT TO HAVE HIGHER BUILDINGS AND HIGHER DENSITY AND ALL OF THAT AND STREET ENCLOSURES AND THE ANSWER IS YES. BUT FOR WHAT HAPPENED TEN YEARS AGO BETWEEN THE CITY AND THE AUTO DEALERS, THAT MIGHT BE THE CASE BUT IT IS NOT NON-CONFORMING SITE. IT IS A PERMITTED USE ALLOWED AS A MATTER OF RIGHT THROUGH A FAIR AMOUNT OF NEGOTIATION WITH THE CITY COUNCIL, THE CITY ATTORNEY'S OFFICE, THE PLANNING OFFICE.  AND I'M GOING TO I'M GOING TO I HOPE TO BE BRIEF.  I WANT TO BE I WANT TO BE THOROUGH IN PRESENTING THIS BECAUSE I THINK IT REALLY TO THE QUESTIONS THAT ARE STILL ON THE TABLE AND SO I'M GOING TO PUT THOSE QUESTIONS ON THE TABLE SO YOU CAN THINK ABOUT THOSE AS WE KIND OF WRAP UP THIS PRESENTATION. SO ONE THING THAT WE'RE REQUESTING IS THAT YOU DELETE I BELIEVE IT'S NUMBER SEVEN REGARDING THE STREET ENCLOSURE BECAUSE WE DON'T BELIEVE WE CAN COMPLY WITH THAT AT THE END OF THE DAY AND HAVE THIS PROJECT GO FORWARD. THE OTHER IS IS MUCH SIMPLER. IT'S A TWEAK OF CONDITION REGARDING THE REQUIREMENT FOR THE SANITARY THE THE APPLICANT IS FULLY WANTS TO FULLY COOPERATE WITH THAT IT'S JUST A MATTER OF TIMING ONE IS THAT YOU CAN'T YOU CAN'T YOU CAN'T DEDICATE AN EASEMENT UNTIL YOU VACATE AN EASEMENT. SO THIS IS PRIOR TO THE VACATION OF EASEMENTS WE WOULD BE DEDICATING EASEMENT HOW IT ACTUALLY WORKS IS THE EASEMENTS ARE VACATED THEN YOU PUT ON THE NEW EASEMENT AND IT HAS TO BE IN A MUTUALLY AGREEABLE LOCATION SO IT ISN'T IT ISN'T A ONE SIDED DEAL AND I THINK THOSE ARE TWEAKS THAT ARE PRETTY TYPICAL. I MEAN I'VE DONE A LOT OF THIS WORK WITH THE CITY.  LUTHER AUTOMOTIVE IS FULLY AGREEABLE TO PROVIDING THAT EASEMENT. IT JUST HAS TO BE IN THE RIGHT LOCATION AND.  IT HAS TO BE DONE AFTER THE EASEMENTS ARE VACATED SO THAT THAT WOULD SIMPLY BE A CONDITION OF THE VACATION. SO I WANT TO PUT THOSE TO POINTS OUT THERE BECAUSE THEY AFFECT THE CONDITIONS OF APPROVAL AND I WANT YOU TO THINK THEM AS WE GO THROUGH THE FINAL PART OF OUR PRESENTATION.  SO STARTING WITH THE BACKGROUND IN 2014, THE THE CITY STAFF CAME FORWARD WITH A PROPOSAL AND I BELIEVE THAT IT WAS THAT AUTO DEALERS WOULD BE NON-CONFORMING TO MEASURE COOKED COMMENT IS THIS A NON-CONFORMING USE OR IS IT SOMETHING ELSE AND THAT WAS THE ORIGINAL PROPOSAL PROBABLY THE PAN AMERICAN PLAN ENVISIONS TALLER URBAN DESIGN AND THE LIKE AND THE AUTO DEALERS CAME FORWARD AND THE PLANNING COMMISSIONERS AND THE CITY COUNCIL WERE SYMPATHETIC TO THE FACT THAT THESE BUSINESSES HAVE BEEN HERE FOR A LONG TIME. THESE BUSINESSES SERVE A LEGITIMATE USE AND AS WAS STATED, THESE BUSINESSES CAN'T SIMPLY GO UP AND LOCATE SOMEWHERE ELSE. IF YOU'VE EVER TRIED TO AN AUTO DEALERSHIP ANYWHERE IN THE TWIN CITIES IT'S A VERY DIFFICULT AND SO WHAT YOU HAVE THEN IS A PROPOSITION THAT IF THESE AUTO DEALERS CANNOT REDEVELOP THEIR SITES,  REDEVELOP THEIR SITES, THEY'RE GOING TO MAKE USE OF THESE SITES IN WAYS THAT WOULD BE SIMPLY REHABBING AN EXISTING AND IN THAT PERHAPS PUTTING IN UNDERGROUND STORMWATER THE TYPE OF LANDSCAPING YOU SEE HERE THIS HOLISTIC CHANGE WHICH IS INTENDED TO MOVE TOWARDS A COMPLIANCE.  I'M GOING TO QUOTE ONE OF THE THINGS THAT WAS SAID I WON'T I HAVE LOTS OF QUOTES BUT I WON'T I WON'T ROLL THOSE OUT. I DID A FULL REVIEW OF THE RECORD ONE OF THE QUOTES THAT WAS MADE I BELIEVE BY THE IT MIGHT HAVE BEEN MR. MARKET GUARD HE WAS HEAVILY INVOLVED IN THAT DISCUSSION WAS VERY HELPFUL IN THAT DISCUSSION TO RESPOND TO PROPERTY OWNERS CONCERNS THE CITY COUNCIL DIRECTED STAFF TO LOOK INTO APPROACHES TO MINIMIZE NEGATIVE IMPACTS ON EXISTING PROPERTIES AND BUSINESSES WHILE ENSURING CONTINUED PROGRESS.  AND THAT'S I'M GOING TO DOUBLE UNDERSCORE THAT PROGRESS ON IMPLEMENTATION OF THE PAN AMERICAN DISTRICT PLAN.  AND SO IT'S WHAT WAS SAID BY OUR TEAM. IT'S MOVING TOWARDS AND THERE'S VERY SIGNIFICANT MOVEMENT TOWARDS THAT. THE ONLY WAY THAT YOU COULD LEGITIMATELY COMPLETELY SATISFY THE REQUIREMENTS IS TO DROP A BRAND NEW BUILDING OF STORIES ON THE SITE AND IT WOULDN'T BE AN AUTO DEALERSHIP . OKAY. SO THE RESULT WAS THAT THE DEALERS THIS IS ON JANUARY 26, 2015 THE RESULT WAS ON THE DATE THE ORDINANCE WAS APPROVED.  THESE DEALERSHIPS BECAME A PERMITTED USE AS A AS A MATTER OF RIGHT AN EXCEPTION IF YOU WILL, NOT A NONCONFORMING USE BUT ACTUALLY EXCEPTION TO WHAT OTHERWISE CALLS FOR HIGH DENSITY WHAT, OTHERWISE CALLS FOR SEVERAL STORIES AND THE LIKE AND SO THIS IS A LEGAL EXCEPTION THAT THE CITY COUNCIL TO PUT INTO LAW TO ENSURE THAT THESE DEALERSHIPS HAD A RIGHT TO REDEVELOP OKAY AND SO AND I DON'T THINK THAT'S MISSED ON THE STAFF THE STAFF IS RECOMMENDING THE STAFF HAS DONE A LOT TO JUSTIFY WHAT WE FEEL IS A VERY GOOD PLAN AND APPROPRIATE DEVIATIONS ONE OF THE AREAS WHERE WE DISAGREE AND AND FRANKLY I DON'T THINK IT CAN BE RESOLVED BY A CONDITION OF APPROVAL IS ON STREET CLOSURE AND THE CODE SAYS THE HIGHEST DEGREE OF ENCLOSURE SHOULD I UNDERLINE SHOULD BECAUSE THAT'S A PERMISSIVE WORD BE PROVIDED ON THE STREET DEEMED TO BE PRIMARY BY THE STAFF.  WELL THAT IS GREAT RIGHT THAT THAT'S THAT'S A GREAT GOAL AND IT SHOULD BE ACHIEVED TO THE EXTENT THAT IT CAN BE ACHIEVED. BUT YOU'VE HEARD TONIGHT AND THAT'S WHY THIS PRESENTATION IS INVOLVED FOUR OR FIVE PRESENTERS YOU'VE HEARD TONIGHT HOW MUCH CONSIDERATION WENT INTO THE BUILDING WAS LOCATED AND WHY IT WAS LOCATED THERE AND IT PROVIDES PUBLIC BENEFIT. IT ALSO PROVIDES BENEFIT TO THE DEVELOPMENT AND SO YOU TAKE INTO ACCOUNT BRAND STANDARDS AND CITY STANDARDS AND OWNERS OBJECTIVES AND PROVIDING FOR EASEMENTS AND SEWER ACCESS AND YOU ULTIMATELY FIND THE BEST LOCATION WITH THE BEST BUILDING CONFIGURATION SO IS MY COMMENTS HIGHLIGHT THIS IS NOT A MIXED MIXED PROJECT THIS IS A NOT A MULTI-STORY MULTIFAMILY.  YOU SEE MUCH OF THAT OCCURRING IN THE DISTRICT AND YOU'LL SEE MORE OF THAT I THINK THE PAN AMERICAN PLAN IS A GOOD PLAN. IT'S A SOLID PLAN.  BUT WHAT THE COUNCIL DID IN THAT GRAND BARGAIN, IF YOU WILL, THE AUTO DEALERS IS SAY YOU CAN CONTINUE TO EXIST HERE. IN FACT WANT WE WANT OUR RULES TO BE FLEXIBLE ENOUGH THAT YOU CAN EVOLVE AND GROW AND DESIGN A BUILDING CAN BE BUILT FOR SOLAR OR A BUILDING THAT HAS PUBLIC AMENITIES.  IN FACT, WE'VE HEARD TONIGHT HOW THIS BUILDING EXCEEDS BRAND STANDARDS IN MANY WAYS EXCEEDS THE STANDARDS OF THE CITY CODE A HIGHLY PRESCRIPTIVE CODE AS IT'S DESCRIBED SEVERAL TIMES TONIGHT EVEN BY THE STAFF.  SO IT EXCEEDS IN MANY REGARDS A HIGHLY PRESCRIPTIVE CODE A COUPLE PLACES IT NEEDS DEVIATIONS WHICH ARE SUPPORTED AND ONE AREA WHERE IT NEEDS A DEVIATION IS IN THE STREET ENCLOSURE AND WE BELIEVE IT'S APPROPRIATE. ONE OF THE THINGS THAT MCGUINTY POINTED OUT IN OUR DISCUSSIONS IS IF YOU LOOK AT THE BUILDING THAT'S BEING CONSTRUCTED ON THE SOUTH THE THE BUILDING THE SHOWROOM WAS ACTUALLY DESIGNED MATCH TO HAVE A MATCH LINE WITH THAT BUILDING. SO THAT'S ONE THING THAT WASN'T BROUGHT OUT BY STAFF BUT THE IDEA THAT WE CAN SOMEHOW ADD 10,000 SQUARE FEET OF I DON'T KNOW A SUPER A SUPER SHOWROOM IF YOU WILL, OR SUDDENLY JUST TAKE ALL THE PROPORTIONS OUT OF THE INTERNAL FLOOR PLAN TO MEET THIS ENCLOSURE STANDARD.  IT JUST DOESN'T WORK. I'M TELLING YOU ON BEHALF OF MY CLIENT IT DOESN'T WORK I'VE HEARD FROM TECHNICAL PEOPLE THAT IT DOESN'T WORK AND IT'S A BRIDGE TOO FAR AND I DON'T BELIEVE YOU, DON. I DON'T BELIEVE THROUGH ANY CONDITION OR PERSUADE JOHN, THAT WE'RE GOING TO SEE THE OWNER SAY LET'S 10,000 SQUARE FEET TO SATISFY THE CITY. WE DID HAVE SOME DISCUSSIONS AROUND WELL WHAT IF WE DO A WING WALL AND WHAT IF WE DO SOME OTHER THINGS AND ALL OF THOSE THINGS SOUND GOOD AND IT REALLY SHOULDN'T COME FROM A LAWYER BECAUSE I SHOULD STICK TO MY STICK IN MY LANE AS IT WERE BUT BUT ULTIMATELY ADDING A WING WALL FOR DECORATIVE PURPOSES OR TO TRY AND SATISFY ARBITRARILY SATISFY THIS ENCLOSURE IT CREATES SPACES THEN WHERE FOLKS CAN HIDE BEHIND AND AND YOU KNOW THE DEALERS ARE TARGETS OF THEFT VERY ORGANIZED THEFT AND SO SO CREATING YOU KNOW, HIDING THAT THAT GLASS FRONT WITH A WING WALL OR SOME OTHER DEVICE TO CREATE, YOU KNOW, SOME SORT OF MATCH LINE ALSO WAS KIND OF A FALSE IMPERATIVE AND ULTIMATELY SET ASIDE. SO WHAT YOU HAVE IS IS THAT'S VERY THOUGHTFUL MOVES VERY MAKES GREAT PROGRESS TOWARDS DISTRICT STANDARDS DISTRICT STANDARDS THAT YOU HAVE TO UNDERSTAND WERE NOT DESIGNED FOR A DEALERSHIP WERE DESIGNED FOR MULTI-STORY MIXED USE BUILDINGS AND YET ARE GOING AS FAR AS WE CAN POSSIBLY GO TO GET TO THOSE STANDARDS FINALLY I HAVE SPENT A LITTLE TIME LOOKING FOR THIS THIS IS THE THE FINAL NIGHT OF FOUR OR FIVE MONTHS OF DISCUSSION IN 2014 AND 2015 AND HOW ARE WE GOING TO ACCOMMODATE THE EXISTING AUTO DEALERS WHO HAVE WHO NOW HAVE A RIGHT TO BE HERE BUT BELIEVED THEN THAT THEY HAD A RIGHT TO BE THERE AND THIS THIS GRAND PLAN AND AGAIN MR. MARKET GUARD WAS PRESENTING HIS PRESENTATION COVERED THE FOLLOWING SLIDES AUTO AMENDMENTS MINIMIZE NEGATIVE IMPACTS ON EXISTING THE PROPOSED CHANGES DO THAT FOR POTENTIAL FOR FURTHER FSR FLEXIBILITY AND OTHER FLEXIBILITY WITHIN THE IN THE DISTRICT AND YOU THEN HAD THE DEALERS GETTING UP AND SAYING THANK YOU THEY DIDN'T IT WASN'T LIKE IT WASN'T A KUMBAYA MOMENT IT WAS IT WAS THANK YOU FOR HEARING US AND THANK YOU FOR ACCOMMODATING US. AND SO SO ONE OF THE PRESENTERS ON BEHALF OF LOOPY AND MR. ERIC GLANCE SAID THANK THE COUNCIL THE VERY SERIOUS CONSIDERATION OF THE ISSUES WELL POINT SIX FSR IS STILL A HIGHWAY ARE THEY'RE GRATEFUL FOR THAT AND THE EXCEPTIONS AND THE EXCEPTIONS THAT'S AN IMPORTANT POINT BECAUSE THROUGHOUT THIS DISCUSSION WHAT EVERYBODY SAID INCLUDING THE CITY COUNCIL AND THE PLANNING COMMISSION IS THAT IF THIS IS GOING TO WORK IT'S GOING TO REQUIRE FLEXIBILITY. WE CAN'T HAVE A STRAIGHT ON ON THESE PRESCRIPTIVE ORDINANCES AND IT WORK AT THE END OF THE DAY MR. BACK THEN REPRESENTING LUTHER COMPANIES SAID THANK THE COUNCIL THE PLANNING COMMISSION THE STAFF WORKING THROUGH THE CONCERNS HE SAID THAT THEY WOULD HAVE PREFERRED TO STAY C ONE WHICH IS WHAT THEY WERE ZONED AND THEY WOULD HAVE BEEN ABLE TO DO A MORE TRADITIONAL DEALERSHIP. THIS IS NOT A TRADITIONAL BY THE WAY IT MAY LOOK LIKE THAT TO YOU BUT THIS IS NOT THIS IS NOT HOW YOU BUILD IN A GREENFIELD HE SAID THAT WE WOULD HAVE PREFERRED TO STAY ZONED C ONE BUT THE C FOUR AND C FIVE ZONING ALONG WITH THE TEXT AMENDMENT ALLOWS THEM TO COME FORWARD WITH PROPOSAL IF AND WHEN THEY'RE READY TO DO SO AND THEY APPRECIATE THE OPPORTUNITY DO THAT.  SO IN SUMMING UP WE APPRECIATE THE OPPORTUNITY TO DO THAT THIS THIS IDEA OF A COMPLIANCE AND CLOSURE WHAT I'M GOING TO CALL IT THIS IDEA OF AN ARTIFICE, SOMETHING THAT'S NOT IN THE PLAN REALLY DOESN'T GIVE US THE OPPORTUNITY TO DO WHAT WAS AGREED TO TEN YEARS AGO.  IT CREATES A PLAN THAT IS NOT SUSTAINABLE FROM A STANDPOINT ,FROM A COST STANDPOINT, FROM AN EMPLOYEE STANDPOINT, FROM REALLY ANY STANDPOINT THAT WE WOULD MEASURE ON OUR SIDE OF THE CONVERSATION AND SO I REALLY AM GRATEFUL THE STAFF FOR THEIR HARD WORK ON THIS I KNOW THAT LINDA MCGUINTY AND THE OWNER ARE REALLY GRATEFUL TO THIS TEAM BECAUSE THEY HAVE REALLY PRESSED THE ENVELOPE YOU KNOW YOU'RE NOT INVOLVED IN ALL THE DISCUSSIONS THAT WE'RE INVOLVED IN AND MOVING PIECES AROUND TRYING TO MAKE SOMETHING WORK THAT IS LIKE A YOU KNOW, A THREE LEVEL CHESS BOARD OR SOME YOU KNOW, SOME GAME TO SOLVE ONE THAT I CAN COULDN'T CERTAINLY SOLVE BUT BUT THEY'VE DONE THAT AND WE BELIEVE THAT AND WE'RE VERY, VERY PROUD OF WHAT THE TEAM BROUGHT FORWARD AND WE ASK YOU TO UNDERSTAND WHERE WE'RE COMING FROM AND AND YOU KNOW YOU KNOW, NOT TO NOT TO END ON A NEGATIVE NOTE BECAUSE THAT'S NOT REALLY A GOOD WAY TO END THE PRESENTATION.  BUT YOU HAVE TO ASK YOURSELF IF IF DOESN'T GO FORWARD THEN THEN WHAT YOU KNOW THEN ARE WE REHABBING BUILDINGS?  IS OUR NEW RESIDENT ACROSS THE STREET? WOULD YOU RATHER AT THIS THIS PROPOSAL OR WHAT'S THERE TODAY BECAUSE REALLY WHAT HAPPENS IS AUTO DEALERS CAN'T GIVE UP THEIR SITES. THEY TO FIGURE OUT HOW TO USE THEM BECAUSE THEY'RE SO HARD TO COME BY. SO YOU'RE JUST LIKE OKAY. AND ANY PROPERTY OWNER WOULD SAY WELL I GUESS WE GOT I GUESS WE'RE STUCK REHABBING THOSE BUILDINGS SO BUT REALLY TO GO BACK TO ENDING ON A POSITIVE NOTE THINK THAT THIS IS THIS IS WHAT THE CITY COUNCIL AND THE PLANNING COMMISSION AND THE AUTO DEALERS ALL HAD IN MIND IN JANUARY OF 2015 WHEN THEY SAID OKAY, GOOD JOB. WE THINK GOT SOMETHING WE CAN WORK WITH SO THANK YOU.  THANK YOU. ANY QUESTIONS FOR?  THE APPLICANT COMMISSIONER I MAY HAVE MISSED THIS IN THE BUT WAS A SEC DETERMINATION SUBMITTED FOR THE NEW PLANTS TO THE COUNCIL?  IT WILL BE I BELIEVE WILL BE JOHN. OKAY. THANK YOU AND CHAIR ALBRECHT COMMISSIONER, ONE OF THE THINGS THAT WE HAVE BEEN TD IT HASN'T BEEN RAISED TONIGHT BUT YOU'VE HEARD FROM OTHER APPLICANTS ABOUT THE SEWER ISSUE IN THE PAN AMERICAN.  WE HAVE BEEN TOLD THAT THERE IS AND I THINK IT'S IN THE STAFF REPORT THAT THERE IS CAPACITY TO SERVE THIS PROJECT. SO NOTWITHSTANDING THE CITY'S IMPROVEMENTS AND CONCERNS ABOUT SEWER CAPACITY, THIS PROJECT COULD GO FORWARD IN THE NEAR TERM.  THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT TEAM COMMISSIONER CUNNINGHAM SORRY THIS IS KIND OF AN APPLICANT TEAM AND STAFF. I JUST WANT TO GET SOME CLARITY ON YOUR DISCUSSION POINT ON CONDITIONAL CONDITION OF APPROVAL. NUMBER THREE THE VACATION OF THE EXISTING EASEMENTS.  IT READS PRIOR TO THE VACATION PRIOR TO VACATION OF EXISTING ON THE SITE ON THE SITE EASEMENTS MUST BE TO ALLOW FOR FUTURE PLANS SANITARY SEWER CAPACITY PROJECTS.  SO YOU HAD MENTIONED SOMETHING THE LINES OF THE EASEMENTS NEED TO BE VACATED AND THEN THE NEW ONES NEED BE PUT IN PLACE.  CAN YOU WALK US THROUGH THAT AND THEN I THINK A MEMBER OF THE CITY LEGAL STAFF IS HERE IF YOU WOULD TO COMMENT AS WELL. YEAH, WELL LOOK LET ME LET ME KEVIN LET ME JUST CHAIR ALBRECHT AND COMMISSIONERS I'M GOING TO FIRST ANSWER THE QUESTION BECAUSE IT WAS DIRECTED AT ME AND THEN THE ASSISTANT CITY ATTORNEY CAN CERTAINLY RESPOND. I'M NOT SEATED YET. SO THE THE REQUEST IS THAT WE SIMPLY STATE THAT AS A CONDITION OF VACATION THAT NEW EASEMENT BE GRANTED AND THAT IT BE PROVIDED IN A MUTUALLY AGREEABLE LOCATION.  SO THAT'S OUR REQUEST. THANK YOU. SO SOME SHARED INFORMATION. BUT AGAIN WHAT THE ISSUE IS IS YOU CAN'T DEDICATE SOMETHING THAT EXISTS ALREADY SO YOU HAVE TO VACATE THEN MEDICAID IS SORT OF THE TIMING ISSUE IS WHAT WE'RE DISCUSSING SO YOU HAVE TO VACATE IT THEN DEDICATED IT SO THERE'S JUST THE TIMING. GOT IT. SO IT'S ACCEPTABLE.  SO THE WORDING OF ITEM THREE OR CONDITION THREE IS ACCEPTABLE TO THE APPLICANT. I JUST WANT TO BE CLEAR ON THAT TO MAKE SURE IF THEY WANT A CHANGE TO SO IT DOESN'T SAY PRIOR SO YOU CAN EVEN EDUCATE THE RECORD ABOUT WHAT THEY ACTUALLY WANT IT FOR YOU IF YOU COULD IF YOU COULD PROPOSE WORDING ABSOLUTELY. IF YOU DON'T MIND I'LL JUST I'LL JUST READ IT. SO THE CONDITION MODIFIED I WOULD SAY AS A CONDITION OF VACATION OF EXISTING EASEMENTS ON THE SITE EASEMENTS MUST BE DEDICATED TO ALLOW FOR FUTURE PLANS SANITARY SEWER CAPACITY IMPROVEMENT PROJECTS IN A LOCATION THAT IS MUTUALLY AGREEABLE. SO THAT'S THAT'S OUR PROPOSED CONDITION. AND THEN WE ALSO REQUESTED CONDITION SEVEN BE DELETED. THANK YOU.  THANK YOU, MR. TOSCHI. THANK I ACTUALLY HAVE ONE QUESTION FOR STAFF BEFORE WE MOVE ON AND MAY WANT THE APPLICANT TO RESPOND. AND THIS IS WHILE MS. O'DEA WOULD YOU GO BACK TO YOUR SLIDE SHOWING MORE DETAIL ABOUT THE CONDITION NUMBER SEVEN AND THE.  I JUST WANT TO REFRESH MY MEMORY ON THAT.  AND WOULD YOU PLEASE DESCRIBE WHAT THE REQUIREMENTS ARE AND WHAT WHAT IS ACTUALLY BEING PROPOSED HERE? SURE. SO CHAIR ALBRECHT WELL CODE REQUIRES AND C-5 ZONING DISTRICT SO THAT ALONG A PRIMARY STREET WHICH IS KNOX AVENUE WHICH HAS BEEN IDENTIFIED AS THE PRIMARY STREET AND PAN AMERICAN DISTRICT PLAN AT LEAST 50% OF THE LINEAR STREET FRONTAGE MUST BE ENCLOSED BY BUILDINGS AND THEN ALONG A SECONDARY STREET WHICH WEST 81ST STREET AT LEAST 30% OF THE LINEAR FRONTAGE MUST BE ENCLOSED BY BUILDINGS THEY MEET THESE SECONDARY FRONTAGE ALONG WEST 81ST STREET WHICH IS 2% BUT THEY'RE NOT MEETING THE STREET AND CLOSURE ALONG KNOX AVENUE. THEY'RE REQUIRED TO MEET PERCENT.  THEY'RE PROPOSING 29%. THANK YOU. AND I THINK MR. GRIFFITH SAID SOMETHING REGARDING THE STAFF INDICATING WHICH WOULD BE THE PRIMARY STREET. IS THAT CORRECT OR IS THAT PRIMARY STREET DICTATED BY THE PAN AMERICAN PLAN?  THE PRIMARY STREET IS DETERMINED BY THE PAN AMERICAN DISTRICT PLAN. OKAY. THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT? ALL WE WILL OPEN THE PUBLIC HEARING.  IS THERE ANYONE IN THE CHAMBE WHO WOULD LIKE TO SPEAK ON THIS ITEM?  MR. MARKET GUARD IS THERE ANYONE ON LINE?  JERRY ALBRECHT. WE HAVE ONE INDIVIDUAL ON LINE AND LET'S CHECK IN WITH HIM TO SEE IF THEY'D LIKE TO TESTIFY . COLIN USER WITH A NUMBER OF 612 OR STARTING THE 612600. WOULD YOU LIKE TO COMMENT NOW WITH THE CALL ON USER WITH THE NUMBER 612600.  LIKE TO TESTIFY ON THIS ITEM. ITEM FOUR .  I THINK THAT LOOKS LIKE A NO.  ALL RIGHT. I'M LOOKING FOR MOTION TO CLOSE THE PUBLIC HEARING. SO MOVED.  SECOND, WE HAVE A MOTION TO CLOSE THE PUBLIC HEARING AND A SECOND ALL THOSE IN FAVOR SAY I, I OPPOSED MOTION PASSES SIX ZERO DISCUSSION  COMMISSIONER CUNNINGHAM. THANK YOU, CHAIR.  I JUST WANT TO SAY I A WORRY THAT IF I UNDERSTAND THE CONCERN ABOUT THE FAA ARE THE FRONTAGES BUT I DO FEEL THAT THE APPLICANT HAS PUT FORTH A GOOD FAITH EFFORT TO MEET THE CITY REQUIREMENTS AND OUR CODES.  I'M VERY CONCERNED THAT IF THIS PROPOSED CHANGE IN THE FINISH FOR THE SITE IS NOT THAT THE SITE COULD TURN INTO SOMETHING SIMILAR TO THE MITSUBISHI DEALERSHIP JUST TO THE NORTH YOU KNOW A CLOSED VACANT BUILDING.  THANK YOU.  ANY OTHER DISCUSSION? COMMISSIONER WHITE?  YEAH, I'M JUST CURIOUS. I UNDERSTAND THE PROPOSED CHANGE IN LANGUAGE TO CONDITION NUMBER THREE. REGARDING THE LOCATION THAT'S MUTUALLY AGREEABLE AND I GUESS I'M JUST CURIOUS ABOUT WHAT HAPPENS TO THE PERMIT IF THERE IS MUTUALLY AGREED UPON LOCATION FOR THE THE SEWER LINE.  SO I'M CURIOUS ABOUT SORT OF WHAT WOULD HAPPEN IN THAT CASE IF IT YOU COULDN'T FIND A MUTUALLY AGREED UPON. GREAT QUESTION.  THE STAFF LIKE TO WEIGH IN ON THAT OR MR. TOSCHI I WOULD DEFER TO EITHER PUBLIC WORK STAFF OR MR. TOSCHI IF YOU COULD.  THANK YOU, MS. LAW.  CHAIR COMMISSIONER WHITE DON'T THANK ME YET BECAUSE I DON'T KNOW THAT I KNOW THE ANSWER TO THAT BUT I DON'T ANTICIPATE THAT BEING AN ISSUE. THERE ARE MULTIPLE DIFFERENT THAT WE CAN DISCUSS AND I THINK WE WILL BE ABLE TO WORK WITH THE PARTY WE'VE WORKED THEM IN THE PAST TO FIND MUTUALLY AGREEABLE SOLUTIONS. SO WHILE IT IS A NEGOTIATION POINT WE'RE GOING TO HAVE TO GO BACK AND FORTH ONCE WE ACTUALLY GET AUTHORIZATION FROM COUNCIL TO START THE FEASIBILITY STUDY. THERE ARE SEVERAL ALTERNATIVES THAT I CAN NAME RIGHT NOW. I THINK WE WILL BE ABLE TO FIND AN ALTERNATIVE THAT WORKS AND IF WE DON'T I THINK WE'LL COME BACK TO THE PLANNING COMMISSION AND CITY COUNCIL AND SAY WE WEREN'T ABLE TO DO THAT. BUT I DON'T ANTICIPATE THAT BEING AN ISSUE.  THANK YOU.  ANY OTHER QUESTION? QUESTION DISCUSSION? YES. COMMISSIONER COOK TO THE EXPENDITURE. YOU KNOW I NORMALLY AM UP HERE AS THE CHAMPION OF FLOOR AREA RATIO AND HOW IMPORTANT IT IS AND ESPECIALLY IN OUR DEVELOPMENT I THINK IT'S TREMENDOUSLY IMPORTANT THAT WE HOLD TO THE PLANS AND STANDARDS WE SET FORTH BECAUSE IF WE DON'T THEN THEN THE POINT. HOWEVER, I'VE ALSO SAT UP FOR A LOT OF YEARS AND SAID THAT THE PLANNING COMMISSION IS THE BODY OF PRACTICALITY.  THERE'S NO ONE IN LOW, NO ONE LOWER IN GOVERNMENT THAN US. AND SO WE SHOULD BE ABLE TO SEE THINGS AS THEY ARE AND BE ABLE TO MAKE EXCEPTIONS AND AND FIND REASONABILITY IN APPLICATIONS. AND IN THIS CASE I THINK AS MUCH AS I WOULD LIKE TO SEE THE INCREASED STREET FRONTAGE . WHEN I LOOK AT THE RENDERINGS I DO THINK IT'S IMPRACTICAL TO PUT ANOTHER WEIGHING ON THAT BUILDING WHEN YOU'RE LOOKING AT THE FRONT FACE OF THAT DEALERSHIP YOU'RE GOING TO TAKE A LOT OF THE VISIBILITY AWAY AND I CAN UNDERSTAND WHY THE APPLICANT WOULD WANT TO DO THAT AND NOT THAT IT'S ABOUT WHAT THE APPLICANT WANTS BUT I THINK IT'S A PRACTICAL I THINK IT'S IMPRACTICAL TO ADD THAT WING ON AS MUCH AS I WOULD LIKE IT. I'M NOT SURE IT'S A PRACTICAL ADDITION TO THIS APPLICATION AND SO I'M SUPPORTIVE OF I'M SUPPORTIVE OF THE DEVIATION OF FLOOR AREA RATIO I THINK I MEAN THERE'S NO WAY THEY'RE GOING TO TRIPLE THE SIZE OF THIS BUILDING.  SO I'M SUPPORTIVE OF THAT AND SUPPORTIVE OF NOT ADDING THE EXTRA WING ON AND I'M ALSO SUPPORTIVE OF THE DEVIATION IN EXTERIOR MATERIALS THAT WAS PROPOSED IN THE STAFF REPORT. SO WITH THOSE THINGS I'M I AM SUPPORTIVE OF THIS APPLICATION . ANY DISCUSSION MADAM CHAIR, IF I MAY I MEANT TO NOTE ONE OTHER THING I WANT TO SAY I APPRECIATE THE APPLICANT'S WORK ON THE CORNER NEAREST THE ORANGE LINE STATION THE EFFORT WITH THE SEATING AREA THERE I THOUGHT THAT WAS A NICE TOUCH AND APPRECIATED BY THE CITY. THANK YOU.  I WILL ADD MY $0.02 HERE. I AGREE WITH COMMISSIONER CAPTAIN.  I THINK THAT YOU KNOW AS SOMEONE WHO A LOT OF BILLS IN THEIR WORK THE IDEA OF SHOULD VERSUS SHALL IS VERY IMPORTANT AND I TOO AGREE THAT IT CREATES BARRIER FOR THIS OWNER TO DO BUSINESS AND TO IMPROVE THEIR BUSINESS WHERE THEY'RE AT. SO I AM IN SUPPORT OF ELIMINATING NUMBER SEVEN. HOWEVER I WOULD BE MORE COMFORTABLE WITH THE CHANGE OF LANGUAGE IN CONDITION NUMBER THREE BECAUSE I DO BELIEVE THAT THERE IS SOMETHING IT SOUNDS LIKE THERE'S SOMETHING AGREEABLE.  SO I THINK THAT THAT PROBABLY IS IS OC I, I DO APPRECIATE THAT YOU KNOW WHEN I'M LOOKING AT THE NUMBER OF SHRUBS WE'RE BASICALLY THIS PLAN IS PROVIDING 100 MORE SHRUBS NEARLY 100 MORE SHRUBS THAN THAN REQUIRED WHICH IS SUBSTANTIAL.  I THINK THAT'S A A GOOD NOD TO YOUR PARTNERSHIP THE CITY AND WANTING TO CREATE THIS FEELING OF PEDESTRIAN FRIENDLINESS EVEN THOUGH WE KNOW CAR DEALERSHIPS IN THEMSELVES ARE NOT PEDESTRIAN BUT YOU'VE DONE WHAT YOU CAN WITH WHAT YOU HAVE AND.  I APPRECIATE THAT.  AM I DISAPPOINTED IN THAT? IT'S A C5 AND IT'S NOT LOOKING LIKE A C5. SURE. BUT BASED ON THE AGREEMENTS THAT WERE MADE PRIOR TO I THINK THIS IS THE BEST THAT WHAT WE CAN DO THIS POINT AND I AM IN SUPPORT ANY OTHER DISCUSSION ANY OTHER THOUGHTS ON CONDITION NUMBER OR THREE?  COMMISSIONER CLIFTON MADAM CHAIR OF SUPPORTIVE THE APPLICANT'S PROPOSED LANGUAGE FOR CONDITION NUMBER THREE. MR. CUNNINGHAM TAKE A CHAIR I'M ALSO IN SUPPORT OF THE APPLICANT'S WORDING FOR CONDITION NUMBER THREE.  YES COMMISSIONER WE I WAS A LITTLE NERVOUS WHEN YOU START TO DO. SUBJECT TO SUBJECT APPROVAL SUBJECT TO THIS OR THAT. BUT I THINK THAT WE'RE OPERATING IN GOOD FAITH WITH A TRUSTED PARTNER.  I HAPPENED TO DRIVE BY THIS CORNER ALL THE TIME BECAUSE THIS IS MY NEIGHBORHOOD AND SO I APPRECIATE THE THE IMPROVEMENTS THAT YOU WANT TO MAKE AND I APPRECIATE THE THOUGHT AND CAREHAT'S GONE INTO IT.  I AGREE THAT, YOU KNOW, IF THIS IS GOING IF THIS IS A SITE THAT'S GOING TO STAY A CAR DEALERSHIP WHICH HAS BEEN IN THE NEIGHBORHOOD FOR A LONG TIME. THIS SEEMS LIKE A VAST IMPROVEMENT AND A GOOD FAITH EFFORT. SO I THINK A SHOW OF TRUST IS IN ORDER SO I WOULD SUPPORT THE CHANGE TWO THREE AND I AGREE THAT THAT REMOVING NUMBER SEVEN IT SEEMS LIKE A REASONABLE COMPROMISE IN THIS PARTICULAR CASE.  ALL RIGHT. ANYONE WILLING TO MAKE A MOTION?  OH YES. MR. MACGREGOR JR ALBRECHT WE WOULD REQUEST THAT THE MOTION INCLUDE THE DELETION OF CONDITION NUMBER SEVEN IF THAT'S THE INTENT AND THEN SPECIFIC REFERENCE TO THE NEW LANGUAGE FOR A CONDITION NUMBER THREE FOR THE RECORD AS PROVIDED BY THE APPLICANT. YES.  OKAY. OKAY. IF ANYONE TO MAKE A MOTION COMMISSIONER COOKTOWN MADAM CHAIR CASE P.L. 2024-150 HAVING BEEN ABLE TO MAKE THE REQUIRED FINDINGS I MOVE TO APPROVE MAJOR TO THE PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR AN APPROXIMATELY 59,030 SQUARE FOOT AUTO DEALERSHIP FACILITY SUBJECT TO THE CONDITIONS AND TWO REQUIREMENTS ATTACHED TO THE STAFF REPORT WITH MODIFYING THOSE CONDITIONS TO STRIKE CONDITION NUMBER SEVEN AND MODIFYING CONDITION NUMBER THREE TO THE APPLICANT'S PROPOSED LANGUAGE.  IS THERE A SECOND SECOND? ALL RIGHT. THERE IS A MOTION AND A SECOND. ALL THOSE IN FAVOR SAY I I ALL THOSE OPPOSED MOTION PASSES SIX ZERO THAT ITEM WILL APPEAR ON THE CITY COUNCIL'S SEPTEMBER 30TH CONSENT AGENDA . COMMISSIONER CAPTAIN. I HAVE A QUESTION, MADAM CHAIR. YES, SIR. WHEN WE MODIFY CONDITIONS LIKE THAT AND IT GOES ON THEIR CONSENT AGENDA. ARE THEY ARE THEY CONSENTING TO OUR PROPOSED CONDITIONS? GREAT QUESTION, MR. MACGREGOR. ALBRECHT COMMISSIONER CURTIN,  WE WOULD BRING THAT FORWARD WITH THE PLANNING COMMISSION'S RECOMMENDATION.  THANK YOU.  ALL RIGHT. WE ARE ON TO ITEM NUMBER FIVE WHICH IS A STUDY ITEM. THERE'LL BE NO PUBLIC HEARING FOR THIS ONE IS A PLANNING COMMISSION POLICY AND ISSUE UPDATE PLANNING MANAGER MARK NYGAARD CHAIR ALL RIGHT COMMISSIONERS YOUR NEXT MEETINGS IN TWO WEEKS, OCTOBER 3RD WE HAVE TWO ITEMS ON THAT AGENDA. FIRST OF ALL, OUR PUBLIC HEARING REGARDING A CONDITIONAL USE PERMIT, AN INSTRUCTIONAL CENTER AND AN EXISTING OFFICE WAREHOUSE BUILDING THAT'S AT 9555 JAMES AVENUE SOUTH.  SECONDLY, A STUDY ITEM ON WHICH IS AN UPDATE ON PAVEMENT MANAGEMENT PROGRAM AND THE TRANSPORTATION COMPONENT OF THE CAPITAL IMPROVEMENT PLAN.  AND THEN YOU DID CONTINUE AN ITEM TONIGHT AS WELL TO THAT MEETING. SO THAT WOULD BE A THIRD ITEM . AND THEN ON OCTOBER 10TH WE DO HAVE THREE PLANNING COMMISSION MEETINGS IN OCTOBER SO OCTOBER 3RD AND THEN ON OCTOBER 10TH WE CURRENTLY HAVE FOUR ITEMS ON THE AGENDA PUBLIC REGARDING AND THESE ARE ALL CITY INITIATED ITEMS BUT A PUBLIC HEARING AND CHAPTER 19 CHANGES MOVING TO CHAPTER 21 I HAD A STUDY ITEM ON THAT PREVIOUSLY AND THEN THREE ADDITIONAL STUDY ITEMS ONE ON THE CELLPHONE DISTRICT PLAN UPDATE ONE ON PARK DEDICATION POTENTIAL CODE AMENDMENTS AND THEN THIRD ON OUR ANNUAL MISCELLANEOUS ISSUES UPDATES.  SO THAT'S WHAT WE HAVE COMING UP. THANK.  ANY ISSUES THE COMMISSION WOULD LIKE TO DISCUSS?  ALL RIGHT. SEEING NONE.  THAT CONCLUDES OUR SEPTEMBER 19TH, 2024 MEETING OF THE BLOOMINGTON PLANNING COMMISSION. THANK YOU