Plan Commission - Regular Meeting

How's he supposed to do? He came here. You might as well. Thanks. Fair enough. I didn't know where you wanted that because also I didn't finish the CU for BRT and I haven't heard finaling conditions yet. I don't know if those have been finalized. Wasn't that supposed to come out of We were supposed to meet to get those done. Katie sent us an email that we need to sit down and get those drafted up. Drafted up.

Yeah. I just need whatever your final, you know, language is and then I'll insert it into I have the document drafted. I just need the final language and I can finish that as well. Okay, let's call this meeting to order. Start roll call. Dan here. Kelly here. Greg excused. Mark here. Myself. Jamie here. Tom and Tom here. Bill and Will. Bill and Will. Welcome back. The next event. Public comments. You guys got anything?

All right. Moving along. Consideration and approval of minutes from Thursday, November 20th, 2025. Second. Any further discussion? All in favor?

Opposed? Motion carries. Motion motion second. Any further discussion? All in favor? I I opposed. Motion carries. Item 4 a discussion uh review discussion and possible action on a site plan of operations for RXOS Medical Inc. for general office usage and light manufacturing space out of an existing industrial building at West 224 South 8460 Industrial Drive unit 6. Jeffrey Nis Godam applicant tax key BBV2068044 owner miner Investments LLC/Dan Miner property is zoned I1 Industrial Mark.

Yeah, thank you. Uh so I think third meeting in a row we've had one of the units in this development up before you. This is again another um unit six in that building. applicants looking to kind of have a small operation where they produce wound healing gel water kind of limited type industrial medical use. Um hours of operation are pretty minimal. It's it's essentially just the one gentleman who would be operating the facility. His thought is sometime every week between Monday and Wednesday he would be there, but he would expect it only to be potentially one of those days. Um from 9 a.m. to 400 p.m. Again, pretty minimal impact there. again, only the one employee. Uh there's no outdoor storage or anything related to this. So, pretty good fit in that overall kind of development as it's uh continuing to fill up.

What kind of business is it? So they produce um a medical component called wound. So it's a low inensity kind of light manufacturing process. There's no like chemical risks of how what it's made out of or my understanding there's no hazardous materials as part of actually being medical st.

Any further discussion? All in favor? I

I opposed. Motion carries. Item 4B, review, discussion of possible action on B fields developer development agreement. Uh so last week I did get a copy of the draft development agreement as related to this item. Um I had a just five kind of comments as part of it. I took a quick look at it. Some general formatting that needs to be cleaned up. There's some inconsistencies of the formatting that need to be cleaned up. You know, extra spaces, extra periods, that kind of stuff. No big deal there. Um, I did want to, you know, mention that we need to be consistent on the number of lots. Is it 12 lots with the two out lots or 16 lots? You know, the four lots that existed prior to the beginning of this development. Just making sure um that matches the plenary plat as approved. Um, there's a couple of references in there to a conditional use permit that are not applicable that need to be removed. Um, references and exhibits, they weren't attached. just kind of, you know, make sure we attach them. And then making sure the park and dedication fees are appropriately done based on making sure we have the correct number of lots of just the 12 new lots, which also come Monday, I'm meeting with my perk test guide and the DSPS out on the land because lot 16, the southeastmost lot closest to one of the ponds, might not perk out at all. And on new divisions, subdivisions, you cannot have a holding tank. Has to be a conventional septic or mound system. So if that one does not work out, I have to do uh what they call uh interpretive um testing on five of the lots to make sure that the lower southern lots actually work out for a mountain even. But lot 16 if it does not would possibly

have to combine with lot 15 or split 15 to lot 14 and 16. So it's going to be 12 possibly 11 lots. But I will know come Monday. So I just don't want that to affect the timeline this moving forward to the build forward in a couple weeks because I do need this approved to even get a bank loan. So it's not changing the map. Has Walker County approved their side of the

turn? Cuz that change to a reduced number of lots, it does not. I'd have to check the ordinance, but I'm pretty sure if it doesn't match what the board approved, we have to come back to essentially reapprove the new layout. Yeah, it's a whole different platform. That's what it seems. You can't just deed make it a smaller number. Like you'd have to match what they approve. Not even combining 15 and 16. Yeah, I I double check, but I don't believe so. I think you'd have to come back for them to just reaffirm it.

Okay. Fortunately, that's the way the Nobody's going to know that that since everybody else is quiet knows that for sure. We want to look that up. We should be able to look that up in the ordinances. Yeah, it should be within the subd it is likely in 236 of the state, not necessarily local. Correct. How much lap did? He said 16.

16 there. So 14 14 15 16 did not work. He has to do an interpretive test on those. It's been called black soil. Uh, talking to Will actually, you said that the other Bordeaux lot is much better that you've looked at. Well, we looked at it. I can't say it's much better. Okay. I just know that that one drains through the mill pond. So,

yeah. here. Now, we're going to have culberts on both sides of it going to all the ponds there and there and a uh tube going through one pond to the other. Everything's going to be draining as it drains downhill anyway. But instead, if that one doesn't work out, it's going to have to be combined with 15 or split 15 with 14 and 16. Nothing else changes. Ponds don't change. road doesn't change nothing. It's just either you're losing a lot, right? So that's you're losing the one lot. Yeah. So either like you said, either 15 gets bigger or you make 14 and 15 bigger to consume the extra land.

Yes. Doesn't change nothing. But sadly the plaid is recorded in 16 lots. So that's the challenge. Yep. Is that what was recorded? that was what has been approved by the board already been final recording and that's why I'm trying to briefly look what there hasn't been a final recording we should be able to change but I think we just have to be yeah I'm not saying you can't change but it's going to have to go through the agenda to get another approval through change make the change yeah process wise it's a procedure thing more than anything but we could conditionally approve that's the state. We have to double check on the state side.

We can only do so much. If the state ordinance says something different, then we're locked in. And I want to see there are certain things that can change between preliminary and final platinary plat. And I want to see if one of those elements that potentially that can be is a reduction in lots. I know it can never be an increase. You can't ever add lots between preliminary and final. Um, but I I think it's worth reviewing to see if if this is something that is eligible to just be changed as part of a final plat or if the modification requires reapproval of the per

I don't know if I can has there been more than village action at this juncture I mean have the county and the state no have they been submitting a plan that's the That's hanging out. That's what I was asking. If it had been final approval by Wash County and it hasn't it hasn't it may just be local local that we that you can reaffirm it through plan commission and board right before it goes there. But now we're we're sure it hasn't went to the state yet. You don't have state approval on the final plat on the primary plat do you? I want to find out. Have you sub was it submitted to the state for review? I don't know. Everything is going through my survey company.

I would ask them if they sent it down to the I'm assuming by now they had sent it to the state for review. I'm going to ask for the development developers agreement. Is that something that I have to wait for Monday to find out if it's 15 or 16?

The development agreement because it is somewhat separate from the legal plat. The board could still, this where it gets tricky because it lists your number of plots, unless the board is willing to conditionally approve the DA at we could conditionally approve it based on staff and attorney approval.

That's kind of even in the document, it does state in there that the attorney modified it to in writing to change it. The DA has a little more you guys have a little more discretion and flexibility there in how you conditionally approve that. See, it hasn't been recorded yet. right in this I mean if it hasn't been recorded with the state I mean it's not a final plat so only to record it

preliminary plat only at this time right and so everything with 236 is about final plat all about final plats and if in 236 he would have to go through the whole replat section of the statute correct if he was changing the numbers after recorded final platting. It would literally be a a new almost a new subdivision through the platting ordinance. Correct. The lot layout section in is it 23616? I'm trying to find the right section as I'm scrolling here.

I know. That's why I'm looking through 236 right now as well. damn phone. These youngies got good eyes.

Survey did not send it yet to to the states. Okay. Which is good because it's going to solve you from having to submit back to the state a second time if it changes. Correct. You don't want to have to. Okay. Yeah. Okay. So then I guess then back on the side of we could do conditional approval. Now it's just a mun municipalation cleaned up at the next board meeting. Yeah. He'll have an answer related to whether or not the lots are changing as far as the comp and do is conditionally approve the developers agreement. Correct. And the lot change and a possible lot change. Correct.

That sounds right. and that you will present the pro the that for the board on January 7th. thinking is um eth the first Thursday. It's the second one because January 1st, New Year's Day is the first one. So, we kicked it to January 8th. And I would have to be your You should Okay. 7 p.m. It is

nothing has been recorded. Everything's preliminary. So, we can do the changes that we want to do at the local level. It's when it gets up to the to everything's final everything final approval. Excuse me. Correct. The question really is if it has if just the board can do it as part of the DA process or if you have to go back through the preliminary plat approval where it's plan commission in board shouldn't have to cuz we're going to conditionally approve that right now. Yeah. So if we were it's not appropriately

correct. So we can skip that step of having to come back through PC again is the idea since it's within the local municipality at this point. A lot of a lot of the changes and stuff in regards to this keeps talking about the you know keeps talking about the u final approval the final plat you know the recorded plat and everything else. So, someone want me to make a motion here.

I'm just trying to see where it is agreement. See, the final PL will get recorded in the register of deeds with the county with the county and that the register of deeds shall not until everything else. I mean, as long as nothing has been record officially recorded, we should be able to take care of any modification modifications or changes. We've done that in the past and I'm going to use Lake Park as that example because their Lake Park

was going to be was going to be more than what it originally was. Um, and that one was was reduced as well. Um and I believe Guthrie Estates was the same way that we had the preliminary plat that had come in between that and the final plat there was a reduction if I remember that correctly as well. So you just amended the preliminary plat. And that's what I'm saying. I think you what you may want to do it on your board agenda is list that as a separate item. Right. Yeah. Okay. We're on the same page. Oh, we're all on the same page. I mean, just at least getting army. Yeah.

So then, so I know for Monday talking DSPS, would it be easier just to combine 15 and 16? Yes. Or split and Well, if you want to split 15 in half and put for, you know, some on 14 and some on you can do that, too. I don't think that's going to matter. That's not going to matter. You're making two out of three. No, that's all right. Yes, I have to talk to DSPS and my perk guy and see perk out. And that is an R two quart. R3 R3. Yep. So that's half acre parcels in there. Yes. But every one line is 7 plus, right? So you exceed the minimum requirements.

He's exceeding the minimum requirements and and that you Yeah, that that shouldn't be that shouldn't be an issue. No, it it makes perfect sense what you're talking about. Make sure you got eyes across these like you said. That's really all it comes down to. Yep. And just make sure that on the agenda for the eighth that it's spelled out for each of the What'll have to be is you'll have we'll have to have on the agenda, Kelly. Um first the change in the number of lots before the DA approval. Provisal plinary plan. Correct. And then DA.

Correct. And if you'd send a note to Katie about that too, just so she's got that connection, I can do it right now. Good. Cuz these tests are $1,800 each for five lots. And I need VA approved and a wetland permit to come in before I can even get a bank. We're all clear here. I will make a motion to conditionally accept the developers agreement and the amended plat with staff and attorney approval for review

for the final number of lots. Yep. Final number of lots and conditions on the DA. Second.

Any further discussion? All in favor? So I posture down item 4C review discussion and possible action on changing the monthly planning commission meetings from the fourth Thursday of the month to the third Thursday of the month for all future meetings. Yeah, this came about through a discussion related to the uh athletic complex. That's where it kind of sparked um with the change in engineering firms. Um Cedar has another municipality that's also scheduled for the fourth Thursday of the month.

And who's that? It's another Bend. It's the town of West Bend where Ben has to be We take it. I'm just kidding. Um so there's conversation like it, you know, is there flexibility here? we move the date um to a new cadence instead of the fourth Thursday and consensus is the third Thursday works. I think that's what Ben said in his email. Yeah, Ben said that and then we checked the calendar here from other to not with other commissions and committees. Nothing.

And Katie confirmed we're good. So just to make sure there's no major heartburn to change the cadence starting in January. The only one thing we do need to know or we need to uh flex a little bit on is because of the athletic complex, they were under the expectation that the planning commission in January is that fourth one. Now we're going to tell them it's moved up a week. So reason I bring that up is we might have to give them a little bit of flexibility on the submission date cuz they were using Yeah, we're going to have to we told them the 23rd. So, as I'm saying, so a week from yesterday, I guess if they get it in, we're just going to have to

we're going to have to give them a little bit shorter window than normal, I guess, cuz normally you got to submit things within like 30 days of the next meeting and that's been the marching orders and then we now move then we're moving the meeting up a week is my and it kind of work right in a roundabout way. It kind of works out nice. We're on the third Thursday right now. So, yeah. Yeah. Because of the holiday will eliminate all the holiday issues. It will. Yeah. Because in November and December, we always deal with moving this thing, right? So, so yeah, unless anybody's got any major heartburn, that's that's kind of been I would not be able to. I'm already here tonight. I had another meeting tonight. So, well, you're here. So, how'd you make that happen?

Because I chose to be here for this because I needed to for my land as opposed to I'm now a master mason for the Masons and they meet on the first and third Thursdays of every month. So you guys all sound like you can, but I would not be here to unless I can stay on the board and my there are select months that they don't meet or if something isn't going on, then I could come. So, it's the second Thursday of the month, too.

Dad, I don't Come on, man. He He'll still be here more than Greg. Yeah.

Yeah. Ultimate, we could always start with that. If you need to change it, we change it, you know. Yeah. Yeah. Especially for the time being, I could not go to those meetings or go to them later at night, but uh later on as I do more in that organization, then I would definitely have to be at those meetings more often. Yeah, it doesn't necessarily have to be a Thursday. Have to. That's true. People are pretty used to Thursday. We're always kind of rocking the boat a little bit. Come on. Let's do Fridays at 8. 8 a.m.

So, do we have a consensus for now? We'll move to the third Thursday. I'd say let's Well, January though, um because of the village board meeting, you want to leave that as the it was supposed to be the 22nd. No, it could still be the next week. So, the village board is essentially the second Thursday and then this would be the third Thursday. cuz I've got a conflict with that for January after that. Wait till January when I have it on the 15th or the 22nd. There's five Thursdays. I was going to say the 29th.

Why is this that hard? We could just set them one one month at a time, too. You guys can't do the fourth. Can you do I can do any day or I live six minutes from here, but Ben can't Ben's committed to West Ben, correct? And it's always the fourth. Third or the fifth would work for me for him. The other thing he can well for next month. Yeah, I was going to say I mean the one thing you got to consider too is that if Dan can't always make the meetings going forward, you got to ask Greg too if he's okay with it. cuz he got something going on the third Thursday of every month. He might be in a pickle ball league or something. Who knows, right? No, he's just on vacation all the time since he's not here. So, I just

Yeah. I mean, I'm fine with it. It doesn't affect me at all, you know. But I think ultimately you just got to go with the majority at this point, right? Cuz you, you know, it is what it is. Sometimes things are going to happen and people can't be here. So, um, but at this point, changing for one month at a time, we could tip it around it a little bit instead of formalizing it for 26. I think we table the permanent part of it and just move next month's meeting to the 29th. That gives our Yeah, we can give that our plaintiffs a little extra time. Yeah. But I mean ultimately that's a double check with Ben too. Trying to do that right now.

Yeah, I was going to say otherwise we could do a we could do a tenative approval for the 29th waiting on that feedback if you can't get it immediately and then bounce back to the 15th if needed, you know, as a backup plan for January anyway to hamstring them. Yeah, that's why I just don't want to make it the fifth and final already committed, right? Yeah, I think that first meeting he's more critical than engineering is that's all planning uh master plan. Yeah.

Just do that. Just do a conditional approval to move the next meeting to the 29th of January. And if there's a conflict for Ben, we move it to the 15th. I'll let you guys know. You know, we know the 15th works for him, but let's see. 29th. What's everybody's bad nights? You know what I'm saying? During the week, I mean, we could start meeting on a Monday night. Mondays and Tuesdays are no for me. Wednesday. I got school. So, I think we're stuck kind of Thursday. Usually the DPW commission, too. That's usually at 5. It's earlier. Saturday mornings.

All good. All great ideas coming out now. So, was that an official motion? That's my motion. Okay. Just for January. Let's not talk about 26 in general. We'll have it on the agenda again in January at the end just to see if we figured it out. Yeah. Either figure out February or figure out the rest of the year. Right. So, the 29th is first option and 15th is backup based on that. I'll second his motion. Any further discussion? All in favor? I opposed. Motion carries. Planners report.

This is uh the end of my time with you. It's been short, but good luck to you guys as you move forward. Thank you. Appreciate all your help. Yeah. Thank you. Appreciate you. Who's going to be the new You haven't met him yet? Cedar Corp. Cedar Corp is the new firm. So Will is part of that and Ben is part of that as well. So you'll see him potentially at the next meeting. Well, you will either way. Well, I figured we found vacation with Greg. Uh fire inspector's report, Bill. We

got a few inspections to finish that. They will be done by the end of this month. End of this year. Final report will be given to the fire chief of what we did and all our stuff's all taken care of. That's all I got. Awesome. Thank you. Nothing from Jason. No engineering report tonight. Will, do you have anything? Not yet. I haven't done much. I've just sat in the audience for one meeting so far. Good start. No correspondence. Haven't stuck my foot in my mouth yet. Next meeting date is 115 or 129.

We'll let you know. Stay tuned. Kelly motion to further discussion. We are ajourned. All right. Thank you everybody. week. till we get a call on.