##VIDEO ID:vDgYhNrXHZ0## e e e e e you want to start go ahead I wouldn't draw any to okay we're going to call a meeting to order and we have a mo motion to adopt the agenda I'll make a motion to adopt tonight's agenda as it reads second all right and all in favor of that motion say I I and opposed that passes okay and I think next we're going to have a council update from council member Jim Smith you want good evening planning Commissioners Jim Smith East bethl City Council uh last night's meeting we had uh an offsale liquor license application for Harry's LLC it's a new liquor I think it was in go for gas it's a new owner so we approved that after a public hearing we also had a septic tank variance on 138 Laurel Road and I went over there and them lots are so small over there on Lake Beach and the only septic that he can put in there is a holding tank so we passed we approved that as well the two lots are kind of different there but that's the only way he can do it approved the holding tank or approve yeah approved the holding tank and then uh last I have we like to invite all you guys to the east Bethal Fire Department open house that's October 7th from 5:00 to 7:30 they'll have all the trucks they'll have they're going to try to have a helicopter if they can it's really cool to go to I mean especially for kids really got their eyes open like when they see all the stuff that fire department has so if you can do that that'd be great perfect other than that that's all I got thank you very much thank you okay next thing is approval of minutes does anybody have any corrections or comments not in attendance I will obain nope nothing okay well I do have one thing online 229 it said uh Johnson shared her thoughts on how no one will likely build anything on the in property it it would have been um build a residential property on hunters in property or residential host I didn't review the comments but I do remember talking about it that I didn't think anyone would build a house there that was the only correction I have motion to approve the amended minutes I'll second it okay all in favor say I I I and opposed okay the minutes are approved with a correction and the next thing is a public hearing on a conditional use permit and thank you madam chair members of the Planning Commission um this is a little bit complex Le of an item so I'm going to try and walk everyone through as much of the detail as we can there will probably be some questions I'll do my best to answer uh the applicant is here I see we do have a neighbor here as well so there will be at least a couple of public comment uh participants so uh without further Ado on September 9th 2024 the city received an application from Carl verus owner of North Country Concrete Incorporated for a conditional use permit for exterior storage on a vacant parel across ulses Street Northeast to the west of the existing North Country Concrete Incorporated location the vacant parcel is 3 acres in size and is located in the northwest corner of 230th Lane Northeast and ulyses Street Northeast in a light industrial zoning District it borders a 17 1 12 acre single family residential R1 parcel on the west and a and three single family residential R1 Parcels in the Coopers Lake Cooper Lake Estates subdivision to the north verus is proposing exterior storage of equipment trucks trailers and uh for the associated business across the street at 23035 ulsi Street Northeast he is proposing the construction of a six- foot privacy fence with an entrance gate on ulyses Street Northeast and one in the culdesac on 230th Lane Northeast with landscape Boulevard areas with evergreen trees and bushes to match the existing facade of the North Country Concrete location across the street Additionally the proposal includes stripping and removing of top soil and replacing it with crushed asphalt millings to provide positive drainage to the roads for Watershed as well as installing drive over curbs and concrete approach aprons at each gate location there is not a building included in this proposal however verus indicated that he would be constructing a building on the parcel someday uh so the first um item is to determine the zoning code for that parcel which is section 48 light industrial the light industrial district uh permits exterior storage as regulated under section 24 as a conditional use or for with a conditional use permit that entire section is um attached in your packet attachment number four and you can see on page 17 that exterior storage as regulated by section 24 is allowed as a conditional use uh however I also uh identifies other similar uses to those permitted in this section as determined by the Planning Commission and approved by the city council also as a conditional use moving on to uh exterior storage as cited in the zoning code um and exterior storage section 244 uh in the industrial district states that construction yards are exempt from exterior storage requirements as outlined in section 24 4 a provided they are located in a rear yard behind a principal building and cannot exceed the square footage of the principal building and shall not be allowed within the required setbacks public right of way private um access easement or within a required parking area so attachment five is section 24 of the code with exterior storage and on page 20 uh subsection four is the section on construction yards and their exemption uh but it also outlines that those other factors behind a building not to exceed the floor the uh square footage of the floor print in all of those items uh under the current proposal uh exterior storage on a separate parcel without a principal building would not meet the conditions of city ordinance so then I processed through on could this be an off street parking could this be considered a parking lot so I looked into section 22 off street parking loading requirements which is attachment six in your packet page 23 which states that the purpose of this section is to establish off- street parking standards to allow for orderly and adequate parking of vehicles on property to alleviate and prevent congestion on a public rideway and to control the appearance and maintenance of parking areas and surfaces uh number two is the regulations uh and requirements set forth in this chapter shall apply to all off street parking facilities in all zoning districts uh in subsection three General Provisions prohibited uses in parking areas required off- street parking areas in all zoning districts shall not be used for open storage of goods recreational vehicles and equipment commercial vehicles and Equipment unlicensed or inoperable vehicles or Vehicles available for display or sale and section four requires design construction and maintenance that all parking facilities and streets are subject to the city east bethyl engineering standards so um those are highlighted like I said on page 23 uh in addition to uh page 23 on page 31 subsection 13 uh provides for parking Provisions in specifically in the light industrial district which talks about the location of parking spaces how far they have to be from the RightWay from side yard rear yards that screening is required uh based on uh section 23 which are the screening regulations and that parking areas abing residential district shall be screened from adjacent properties um types of screening materials shall consist of BM fence wall Landscaping plans for screening shall be submitted and approved in a site plan review process so since uh that is a potential uh I looked at what the screening regulations are uh section 23 screening regulations subb any business industrial or non-residential or residential dwelling other than a detached single family adjacent to any residential district shall provide screening along the boundary of residential property um section 23 uh which oddly enough is labeled page one in your packet I don't know why um has all of the screening regulations for a parking lot um to include except as provided under appendix a section 24 All Storage of materials and equipment related to located on or used by any business light industrial or non-residential shall be stored inside a building uh exterior storage in business districts that is allowed by other provisions of this ordinance shall be screened from the public RightWay in adjacent properties um getting moving on to the actual construction grading filling and excavation um page 34 in your packet is section 35 which talks about uh the the grading of the land to to generate or create a development a parking lot Street streets roads uh homes uh and part of it is uh of that grading filling and excavation is storm water management which uh subsection 7 says that no land shall be developed and or no use shall be allowed that results in water runoff causing flooding erosion or increasing runoff onto adjacent properties such runoffs shall be properly channeled into a water course ditch storm Pond or appropriate facility subject to review and approval by the city engineer those are located on Section 35 page 37 or your review uh the Planning Commission should review the information hold a public hearing and make a recommendation to the city council of either approval approval with conditions or a denial of a conditional use permit for exterior storage on a vacant parcel uh and I'm not going to read off the parcel ID number okay thank you that was a lot of work on your part wow um Erin I don't have the sheet for the people that were signing in second sorry about that no worries thank you okay so I'm going to open the public hearing right now and what I'd like to do is just ask every anyone who's not the owner um come up first in case you have any concerns or um comments positive or negative okay and please come up to the podium and state your name and address please my name is Jane winhold 1015 229th Avenue Northeast on my property is a 7 and a half acres that they were talking about so I have a couple questions that the owners actually did kind of answer a few as far as noise um running trucks um for long periods of time they stated that there would not be long periods of time for that but is there going to be a surveyor when they do the property line for the fence in the BMS is that marked already that would be one of my questions and talking about the Watershed what side is this water drainage going to be on so I guess stating there's always going to already going to be a fence that was in with if it gets approved that's already in place the fence and the BM potential potential okay when is that going to be voted on when will I find out if so this is going to go to City Council do you know the date two weeks from to two weeks from last night so October 14th maybe to help be clear if I were an advisory committee that that oversees the public hearing comments will make a recommendation and ultimately becomes the city council who votes on it whether we agree deny or agree with conditions Etc um it's a somewhat of a formality but it is going through trying to do the heavy work to be able to give a recommendation okay and then they can review it themselves go through some similar process so okay again make make up their own own decision we're just an advisory committee from that level okay right so so what happens is we'll give a recommendation and then the city council will just take a look at it and then they'll make the final decision okay so I can I can add and hope answer your questions um if if the recommendation to approve this um and the city council does support the recommendation and passes it um the site would then need to be go through what's probably a site plan review process which is going to require a plan it's going to need to be surveyed okay all of that will get triggered after we determine if what's not allowed by ordinance is allowed or recommended by conditional use at this point um our storm water um management ordinance doesn't allow for a parcel of property to shed water onto adjacent properties it has to be contained within the parcel itself and then drain off through the ground into the storm water system uh that is all going to be part of the site plan review and the engineering approval grading process so don't want to put the cart too far ahead of the horse if uh the commission doesn't recommend approval and the council agrees then I don't want to have the applicant have spent money on something that is all for not so and depending on how it's agreed under what conditions May determine different things so it's to just give a blank answer okay to it but those things would definitely be considered if something was to move forward all right thank you J you're done oh thank you for coming up okay um so um either Aaron or Carl verus if you'd like to come up or you could both come up to the podium together if you'd like and please State your names and your address I'm Carl verus uh 23035 ulsi Street um to answer a question the corner you probably kind of see in this corner here's some lines there there's a CB already in place there for draining that property so I can see most of that water all going kind of where that area is right there it's already going under the street and then over to the drainage Pond across on the other side of my property so um there's already drainage there is it enough we'd have to have it engineered I'm sure make sure it's enough to drain that property but it's pretty sandy soil over there too so I think that would um probably wouldn't be a problem there's enough material there if she wanted to build a BM for now we don't need the whole huge area for storage we could probably build a firm if that was a concern in the future um other than that yeah we're just uh we grew out of our parking lot but not our building yet so we're hoping to be able to get some of our Paving equipment and some of the trucks our support trucks and stuff we don't use every day over there and maybe put up a even a um what do you want to call it a uh like they do in a lumber yard keep things out of the Sun and stuff maybe along that property too at some point and then maybe in the future build a building over there or something but at this point we really don't need another building Carl have you had a chance to talk with Jane about um the woman who was up here yeah I just a littleit okay sounds good okay so you know each other now yeah okay great Aaron verus 23035 ulys Street Northeast and going back to uh Jane also we did talk to some surveyors at evbs landform EG rude uh Chris to us over there said he knows you pretty well so we'd go through the process we probably have to no matter what to get the Swip the Gros control plan basically topography have them survey all the lot lines out uh figure out exactly how much material would have to come off and then and kind of go from there as well okay do any of the um council members have any questions before we close the public hearing I have one go ahead how long have you been located in the spot you're at right now how long has your business been running 10 years now 10 years I don't remember pretty close 11 years I say we kind of grew in the last I think we're double the size we were than we were 10 years ago so we got 150 some vehicles and curb machines and bobcats and just a lot of stuff that when everybody comes in right now that's with our crews out when everybody comes in that fills up pretty quick you got 13 Crews that come in with all the equipment and support you know vehicles and all that stuff so so no public parking it's all going to be your equipment correct yeah yeah I mean all our employees now for the office are out the parking lot so or ARA so during the winter when all the vehicles and trailers come in this turns into B permanent storage during winter and we only have this rest of our y third of it for all our other rebar and everything else so it's pretty pretty and if want and snow removal it's difficult trying to get snow pushed around or moved around so that's just be a big deal so you're going to use it like a loading transfer correct so it's just adding on because your business is grown and now you need more space to be able to effectively do what you need to do love the spot the it's awesome efficient thanks okay no one else before we close anyone else like to come up if not we're going to close the public hearing thank you thank you for coming up and discussion before you go any farther I I know I included in the packet some pictures of the existing um uh screening Boulevard areas and stuff uh from the current uh location uh this is the this is the proposed lot um on the corner uh just another view from the street it be the one on the left uh the fencing on the right is the existing fencing which is part of the proposal to match that fencing I believe with the landscaping and and Evergreens that you see something similar to that is was included in the proposal uh during application time so um I did draw uh two resolutions uh the first resolution approving the the conditional use permit has a lengthy list of conditions that come out of screening requirements that is in the code uh obviously the denial is a denial because it's not allowed by code but Pro as red or Den yes so um again uh as I stated my recommendation would be that you approve approve with alternative conditions or deny so all right any comments I guess I'll start I I honestly understand their predicament and I'm not against it I live pretty close to the property I think they're pretty good neighbors I think their sight's always clean neat mold I think they do a great job um there are some conditions I'd want to see I would ask them to leave as many of the trees as they could on the neighbor side to the north maybe even if you had to move the fence in onto your side a little bit I think I think the Neighbors on the North would appreciate that um I think that uh I definitely would want to see a survey I'd want to see the fence matching the fence you have and then uh I definitely would want to see not just a 4ft apron but maybe 20 ft minimum at each entrance so they don't track debris under the road's A's a picture on that one y yeah excellent yep and that's just one of the things I would like to see and then and then lastly I I don't really would want to see water run off into the catch Bas and and go across the road I'd rather see build a small pond you know and have the engineering and you know and design would probably recommend that anyway because that way we're not adding to the storm system right most of the stuff would be colle I mean we do that with our roads like in my neighborhood you know we collect it we send it to a pond it doesn't go to the lake it doesn't add to the storm system so that's those are my my my things but if they met all that I would I understand I mean I know it's not technically attached because of the road but it's a touching properties as far as I'm concerned I mean it's they own you know I mean it's divided there's a lot of properties in the state that a road goes through the property and so to me they'd be like they would be expanding their property and um obviously if they're careful of the neighbors to the north and to the West I I think it would I think it would be a good good project for him that's a lot I guess any Brian do you have something that you want to say no um no uh it looks like they said when they were speaking the growing business they're wanting to add some more uh room for the equipment as it accumulates um they spoke with the neighbors they seem to be mindful of you know where they're going to be putting their foot down right up next to those residential lots and I you know we have ordinances in place to make sure that that's not going to be disruptive so I I see no reason to to deny uh and I think that we should recommend the city council that they can go ahead and move forward with this okay thank you does anyone have any negative comments or concerns I'll be the broken record that's good uh and again and my sentiments at fall Cory's as well again I I I I see the need they've been a good commercial business in the city sounds like they've been a great neighbor um sounds like they're willing to do what it takes I think they can probably find a company to pour a nice apron no matter what the distance is uh at a reasonable cost I'm sure sorry that's satire uh outside of that I again I I say the broken record part because again I have to always caution and this isn't subject to you guys at all again I again I'd love to give everybody what everybody wants but doesn't always work I I just I caution precedence that's always going to be the biggest issue here and when we are looking at it and even though it still it can make sense we H if there was something to be approved and I'm not saying I know a path to it have to be careful on how we word it what it's subject to because again if it's approved that can make or break the next one that comes up front I'll you know again I know we just had one fairly recently that council did approve that we had sent over however that was a touching property and there was some other discussion and some other elements that fall into it so I'm not saying that I'm not against this I'm just again my caution precedence how far we keep pushing and if it's one now we have two when does it become four or who else needs something and then you know what I mean it just keeps going from there so please keep that in mind when we're when we're looking at these things again I want to be all for it if I can find a path I'm not saying I know one yet but again I'll always caution careful with precedence of what we what we allow and don't based on what our code reads so with conditional use permit um permits precedent I think is not as important it's you kind of look at each one individually don't you as a iup I think variances are supposed to be judged that way I think um interim use permits are sort of those short-term exploratory uh things that maybe aren't allowed by code but uh we're going to give it a couple years of a chance to see if maybe it can then change the code um conditional uses are permanent they stay with the land um and so um hypothetically North Country Concrete leaves town uh someone buys this they can start storage on that lot there are very limited limitations because once a conditional use permit is issued it sticks with the land exactly yeah I what happens with um when you know if if they were to leave the property that that would go with the property so that's something we need to kind of consider in all of this cor but I do think that the conditional use permits we do kind of look at them individually that if if one is granted then it doesn't mean that we need necessarily need to Grant another one no and you can look at everything Case by Case by case but I think getting to uh commissioner belin's um Point uh at some point why have an ordinance manual if you're just going to continue to approve things that aren't allowed by ordinance by just offering conditional use permits maybe you just change the entire ordinance manual then to start allowing right I mean I don't I wasn't part of writing this ordinance manual I don't know why they got to where they got to with a lot of these things but um the what's being proposed and what comes across my desk I'm just pointing out the facts that this is what our ordinance says doesn't mean that this is a bad use of this property right but our ordinance just doesn't allow it right so that's what leads to the conditional use portion because there's that catchall statement in all of the zoning code that says or other uses approved by recommended by you guys and Allowed by the council right so that's kind of a catchall for situations maybe similar to this yeah and this one in particular is unique I mean you were looking at all of these different um yeah I was trying to make it work so that we didn't have to come to this OB to this point but to paint a random scenario that could happen let's back up two to 20 7 we approved this as it sits like this under conditional use it's a separate parcel ID if I correct so and 2008 hits we're in a recession times are tough business slows down shrinks hey we've got this property we can sell it oh look here's a used car dealer lot that wants to just put Vehicles here's a recycling center that can now do this legally and they sell it there's nothing that's going to stop us outside of something further in the code from allowing someone else so I'm not saying that that's them and that's their scenario I just have to caution sure when we do this because we we've had a lot of these lately a lot of items similar too and again I want to try to make everything work for everybody as well but we do still have to be cognizant of how we go about it and what it does for the next and the next and the next sure I I think I think we do and and we're taking that in consideration and I think this year we actually probably um recommended Deni a lot on things too so we're really are taking that into consideration what if the question what if the owner agrees to terminate the permit upon a sale as one of the conditions can our attorney in the last conversation uh with the previous exteror storage was very clear that conditional use permits don't expire even if the um land owner even if there's a condition whatever it does it sticks with the property so similarly to the one we had before if that property were to sell and a new owner wants to come in we did add a condition that it could be boat or Marine only so they're not going to be able to come in and just start storing random things a new owner could store boats or Marine Products based on that condition so conditions follow when with a sale so if you have a condition on a use that cannot be changed cor correct or so if you put a condition that said something like a concrete equipment is stored there or not would that not be acceptable I is that too specific I assume it would be um is it silly it's just going to prompt uh someone come in and want to amend a conditional use permit in 10 years when it sells like I I don't know if we're creating future work for ourselves or by by making things that way or not but to answer your question our attorney was very specific that that it does not terminate does an inter excuse me does an interim use permit expire with the sale so you can add conditions to an interim use permit that on sale or change of ownership then the interim use permit would expire however this exterior storage is not defined as an interim use in the zoning code it's defined as conditional use so changing the code would be necessary in order to make that happen I'm curious why I mean why it would not be acceptable I mean other than that's not in the language of the code but an interm use permit seems like it would create more flexibility on the part of the city than a conditional use permit so why would that not be permitted um it's just not defined in the code as a uh interm use um that first page page 16 of the packet interim uses uh in the light industrial zoning District are subsection five temporary seasonal sales as permitted by section 10 or other uses permitted in this section as determined by the Planning Commission and the city council but exterior storage is identified in E of sub4 as a conditional use what they're proposing is exterior storage and then there's limitations to set exterior storage further within the Cod Glenn did you have anything else yes I'm wondering is the kisac on ulses on going north is that is there any likelihood or intention of expanding that farther north it's a good question for the property owner the answer is yes because the other solution I so would be if it weren't to have the city seed that to the property owner and then have it terminate before that and so that would be continuous property from their existing so so cities don't regularly um pay for property from Property Owners put in utilities and then vacate them and give them back to land owners that taxpayer dollars were used to buy yeah that's that's kind of counterproductive to the process the future extension does run by here connects with 230 first and lands right here yeah and by seed I probably should have said cell but to but still if it's going to be used in the future to connect then that's not a great idea what utilities are out there right now then it would be the the storm water storm sewer I'm assuming there might be I don't know if there's any cable electrical or anything else buried underground but there would be easements and items that would all have to be vacated if we were going to give the right away away or sell the right away back so your your taxpayer dollars have invested in that stretch of the road that you want to give back to someone else nice thinking outside the box though huh yeah I'm just trying to see or purchase but yes yeah does anybody else have any anybody not to to move on from those points too but and again in in the world of of the issues at least that I see coming up under the section 22 off street parking loading requirements uh three General provision subsection B pro hited uses in required parking areas and commercial vehicles and Equipment being specifically listed which attachment was that uh page 23 attachment F attachment six yeah that was going to be my question too because if there was a sale of the property um and we talking off street parking in this particular use that you're going to use off street parking is not going to be an issue because most of the items there for people that are coming and it's public it's not just commercial they work trucks however if they sell and somebody decides to have a business across the street that's a lot of land um you know then the off street parking is a very real portion of that because of the size of the lot however being that it's the end of the street and I don't see a e you said there's going to be the street yeah yeah yeah it's in the longterm plan and it's going to be a long-term plan but that line there divides where they can have businesses and it just residential correct the zoning changes um no these are zoned these are zoned uh B2 or B3 even though their this one's current use is residential okay uh this is um commercial use right now I believe truck truck truck repair yeah so so that is that makes a difference to to me I mean I I don't have a problem with the conditional use I think it's a great idea and it'll help your business as long as if there's expansion in that street you're still going to be you know serving that commercial District so I don't know um if if the property owners and there's no issue you know why there would be a future issue with this um approving this conditional use permit I think it's less likely there'd be an issue here than we might see in other areas yeah unfortunately there's too many unknowns and you never know who has a ed for what or again and if it's now just allowed to be a storage area a lot of people could do a lot of different things with that at a future date if that was there it is zoned light industrial there's a lot worse M uses of that property could go in there without us stopping them I no again I'm not arguing that that standpoint I'm that's to another reason to me it's a useful I'll just say that you know I'm in favor of doing this too I just like to kind of maybe brainstorm about what's the worst thing that could go there and how could we maybe prevent that with a condition to this if planning for the unknown here um sure it's just uh you know it'd be nice to answer all those questions right now um I I agree since this is a conditional use permit um approval or denial that we should you know try and I don't know put in place some some variables that that could keep us from slipping you know into something that's not favorable but um again this is uh purely hypo I mean I don't know how to speculate on what's not favorable for the city you know 10 years from now or or five years from now or whatever it's going to be so um but are we but are we ignoring the the ordinances that are prohibiting the use that they're requesting with the condition or through the conditional use permit that's and that's the struggle I have again I I can see all the reasons for it I'm not trying to be the naysayer and all this I just I could see all the reasons for it but if it but if there's a roadblock that says that it's not we have to overcome that too yeah the way the code is written is that the exterior storage is connected to or associated with the operation happening on the parcel thank you that's that's that's the hang up in the code so what if the owner went to the county and got one tax ID for both properties they can't they can't be connected why not because there's a road a RightWay running between them there's a lot of properties that have roads they they won't I can tell you where I am my house and Aaron H this on Lake if you go down Cedar towards where everybody you know goes out on their boats my property's on the corner there and because a Long Fellow I have two different property IDs so I the property my house is on and since Long Fellow is there even though it's only how long is that probably 10 ft 20 mhm I mean well it's got to be like 200 long that's it and then it ends I mean it just go it's just a horseshoe the cony will not let me connect the pins with the property across how did they connect the property that was at the console meeting last night they were on two different streets they those have a shared lot line of 20 feet okay so they they determine with a roadway it's not a shared lot line well Diana is giving you a real life example they've been trying for 20 years yep or longer and every time the county every time she goes to the county they're told no no thank you go away yeah we're not interested but if we dismiss this piece of property then he could you can't dismiss it the council can offer it back up for resale or vacation but um again that would not be supported by staff uh it's probably not a wise idea but certainly the council can do what they want to do sure yeah we asked to buy the road there because it would then dead end to our house and we wouldn't have 500 Vehicles driving by and they just kind of laughed at me so so you know if this if this wasn't part of the the long-term roads plan or a future extension then then you're talking a whole different story but with the concepts that have been proposed and are in the plans and you know long-term planning uh I don't I I mean anything's possible but I don't foresee that being very supported yeah if we ask for the condition that a principal building be placed on this parcel over a certain period of time would that satisfy the orces but then it would only be to the size of the structure on the property Andor storage is limited to the two times the footprint of the principal structure like and we could make that same argument on the existing property currently but I'm choosing not to look at that either so that's not not needed well okay go ahead go no go ahead if if you don't if nobody has any um comments I would like to make a motion okay do you have any conditions that you want to put on there I do okay and then we can talk about it obviously then so I would like to make a motion to approve this conditional use permit as written in the attached starting on page 10 proposed resolution with additional conditions added to the list that you have so will be h i and J the addition of a minimum of a 20ft apron at the entrance um I think the topography that's already mentioned here is restriction would um satisfy the consideration of not removing the trees right preserving preserving the the trees there on the outside so if you look at the conditions on in your packet section 23 defines what uh screening should be okay so and that is included in the conditions already here that I've already listed okay right so we we can't stop someone from clearing land right we can only obligate that they replace based on what the ordinance States so I mean you can ask them to not take trees down but we have nothing no authority to right to do that so okay so that's the condition D then condition D talks about what the screening must require you have condition D and condition g talks about filling in or changing any the Earth's and that has to do with the storm water runoff yep okay so the additional condition would be the H the 20 foot um the next one would be um consider can we add a condition where they do a consideration for design of a pond for a waste water Pond we can't if the city engineer requires a pond they won't be able to do anything we won't hand them a permit until they build a pond so okay it's going to be a lot on what the city and site plan approval comes up with okay then I would um can we make a condition no public parking it's used for commercial parking sure that can that can be a condition it's not open to the public y so those would be the three additional so H would be 20 foot apron I would be um no public parking conditional to use of business Vehicles only and the the last one would be that utility um loading and storage of vehicles related to the business on the parcel business parcel so can you repeat that with please so I would like to make a motion to approve the conditional use permit as stated in the attached on page 10 resolution to include three additional conditions one being a 20 foot apron another being no public parking and another being that utility vehicles and storage is related directly to the business and the business at the business parcel um you know across the permitted yeah for the permit okay y um they're requesting equipment materials all of that you're okay with that yes okay yeah related to the business that's why yeah so that would be I suppose if they had to bring in they got these big pallets of something that they're going to purchase they're going to come in and load so when I when I use the term loading that's what I'm assuming is it's product material that they're going to load on their trucks and be moving in and out of that spot is that Erin is that clear to you no but I'll figure it out do you need more time to discuss it okay um is there a second could I ask for possible consideration of another condition I I don't know if it's already covered elsewhere but hours of operation in difference to the neighbors not already part one part of the code it we do have items related to noise ordinance in the code that would limit operation based on noise then I withdraw my okay is there a second I'll second the motion great and any discussion before we take the vote I do have to ask a couple of things for clarification uh item D and this might just be the outdated code uh screening shall consist of a compact green and or deciduous hedge and overstory or understory trees sufficient with density and Earth BM um actually let's go that let's go to E she'll contain a fence um if you look at the code the screening on 23 uh fences are masonry brick or wood they're proposing a chain link fence with the slats our code doesn't outright say chain link fence but part of their proposal was a chain link fence so I included in the conditions a fence just to cover all the bases are you good with the chain link fence or do you want it to match the conditions in the city code I think the screening includes that they have test screening on that so would they have to put additional screening on that fence just like the pictures if you take a look that's what they're proposing as I'm saying our code states that it has to be wood cement or masonry or brick so if it ever changed and somebody want to do something different and even though they had the same but somebody takes it down change it do we do we care that it is a chain link fence it is a fence neighb they're going to be required to have the vegetation the Hedge the trees bushes as um additional layer of screening with that fence then closer to the property I I just wanted to bring that up for clarification the fence isn't it 6ot six foot fence I'm fine with that okay and I'll just leave it as with a fence we won't we won't get too specific on what kind of fence then it's good okay any other discussion before we vote on this okay I just real quick just again I'll reiterate my point of like I said I can see a lot of reasons for but I just I have to state in opposition of for the items that we may be ignoring here that go outside of the code that's I mean it's a the blatant disregard of them in my opinion so just my two cents on it okay I I again I would love to approve it but again we're we're not addressing some of the areas that are you know are are clear restrictions within the code okay so if no other discussion uh let's have a vote on this all in favor of the motion as stated by Diana uh say I I and opposed I okay and that motion passes and this is a recommendation then to the city council and it'll be about two weeks from last night I think when they are meeting oober 14th and okay so also you know neighbor if you'd like to go to um I don't think there'll be a another public hearing but there is a public forum that you kind of have one less chance to say something if if you'd like okay and I thank you all for coming tonight and your patience with us while we draw out the discussion and I got to say I really do appreciate Tanner for all the things you say because we need discussion again it it's not meant to be again opposition I just I can't again I've been been here too long too many times to see things like this and again I remember in my early years and again I'll warrant back to Elden who took a similar approach to probably where I am now of and when he left that was one of the specific things he had mentioned and that's I I've mentioned this before that has stayed with me and I've really tried to consider that as we're looking at these things not saying that the code is right or wrong not saying that I do or don't want these for for residents I would love to approve to let everybody do everything but at the same point we have to work within the parameters that we have in front of us and can't just ignore them because eight out of 10 things look good but these other two and we'll just ignore the two that's received yep thank you motion to adjourn um is there there's a motion to adjourn is there a second I'll second it okay all in favor say I I and opposed everyone wants to go home thank you everyone