Planning and Zoning - Regular Meeting

[Music] welcome to the March 11th 20 25 Planning and Zoning commission meeting if we can have roll call please McCracken here Fleming here massina here Copus here Les here lrip Ward okay thank you can you uh join me in the pledge please the United States of America to the Republic for which it stands one nation God indivisible andice all thank you can everyone hear me you're good and if there's anyone that's uh has any uh problem hearing we have some uh hearing aid I guess devices that you can use if you need to if you can't just hear us through our speaker system I need approval of um February 11th Planning and Zoning Commission meeting I so move I have a motion second I have a second all in favor I I I uh next is public comment and that's anything that isn't on our agenda tonight if anyone wishes to come up hearing none and staff comments all right good evening Commissioners good evening so I just wanted to remind you

we have a joint workshop with the historic preservation Commission and this Commission on March 26th that'll be from 11: to noon and then April 8th for your regular Planning and Zoning commission meeting there's just one public hearing item it's a zone change request so that's April 8th and that's it yep that's it okay thank you any commission comments not okay we're going to get into our public hearing tonight and does any of the Commissioners have a conflict with this particular item no none and Sean is going to give us an update on the U proposed zone change and there's a whole bunch of things so I won't read it you can just give us a highlight of everything all right thank you chair M CA good evening planning Commissioners tonight we have a request um the owners are L rev 283133 LLC doing business as cutney County Land Company LLC the consultant is Connie Krueger uh that was listed on the application as I understand at Melissa wells will be giving um their presentation tonight so just wanted to let me know that so tonight before you this Chang is a little bit different um there are two overarching request categories tonight and the first one are zone changes there are total of three of those the applicant is requesting an approximate 14 acre rezone from R17 to c17 to allow for commercial and residential mixed use development in the Northwest portion uh also a0 2 and 824 request from R3 to c17 L which would accommodate a new Well site and then the

wellsite that was unviable which measures. 517 of an acre from c17 L to R3 which would allow a single family home there and is consistent with the with the zoning that is that is adjacent to that property the other or second overarching request are two amendments to the annexation and development agreement one is to provide greater flexibility for land use types in the project and uh I guess's the best way to put that like a form form development so to allow the the zoning underlying zoning to dictate what is allowed in that area and then second is to adjust sewer infrastructure connection timing so uh the location here this is the location I'm pretty sure everyone in the in the building is fairly familiar with where this is at since it has been annexed into the city of cordelane um this is that location and where City Limits has been adjusted since the annexation I90 is to the South Pole Line does turn into Hanley and then City Limits is in green Atlas road is north south located here and all mailings and and uh published in the paper and property was posted according to legal requirements for the state of Idaho all right so um I'll go through a little bit of the the history of the site and what has happened since annexations to bring everyone up to speed it was it's very text heavy so I just um put then in now on here and so um initially the the concept of the project was put together

in 2012 um from 2013 to 17 uh the applicant has worked with with different landscape architecture planning and Urban Design firms to uh work a master plan uh on the property 20 2018 and 19 uh Mr Armstrong who was the previous owner sold the property 19 and2 the applicant began meetings with uh kmpo and the school district and the City of Post Falls and cordelane to discuss the their future request and then in 21 they continued those agency meetings in 22 they they requested annexation at that time at the end of 2022 it spilled over into early 2023 before it was approved so the annexation and development agreement that goes along with that annexation request is file number a422 between the city of cordan and coutney County Land Company company along with its Affiliated entities uh outlines the terms and conditions of the annexation and phase development of approximately 438 acres of land that was adjacent to City Limits at the time the project owners aimed to develop that property over the next 20 to 30 years so there are some key components of that development agreement property description zoning and density um so the agreed upon zoning districts and use limitations are described in exhibit D and then also at that with the density a maximum number of residential units was capped at 2800 uh despite zoning that could theoretically allow for nearly 5,000 units 4,940 so that cap was based in part on

the current capacity of the Wastewater system at that time so um another piece of this was public improvements and dedication so they're responsible for constructing and installing all the required public improvements and they must dedicate specific rights of way uh for the public to travel on roads that they will that they will install as a part of this there's also utilities so the owners must use a public water system and pay all the fees and charges unless water is not obtained and then they would have to find another another uh another way to get water to the site that is also a subject of this hearing and the owners must also use the city sanitary sewer system and are the responsible for all the required fees charges and connections which is a subject of this hearing as well there are Financial Obligations um they have paid into to the city at this time and with another installment which would finish the installments for annexation uh by March 21st of 2025 another piece of the development agreement was affordable housing so the owners must Reserve at least 5% of the owned real estate units and 5% of the residential units as affordable housing for a professional Workforce uh that meets 80 to 130% of area median income along with this came two School sites uh one of which has already been conveyed and purchased by School District 271 and at some point in the future there's another 10 Acre Site that would would end up being um in this one the me theou states that the developer would provide that free of charge in the future when development gets to the point it can support

that um the last but not least is a police substation and the owners would provide a space in a commercial development for a police substation at no cost of the city at some point in the future all right so actions following the 2023 annexation uh there was a short plat that was done and this represents that Full Circle Tracks I don't know why I'm not able to point but it'll come in handy at some point um so you can see here that there's a different and to suffice it to say I got a call from a gentleman who represented the Rel religious assembly that currently owns the property in the center there um this doesn't denote what the uses or future use will be but rather that the the ownership um so the school district has purchased the northeast corner but not the far northeast corner which is the water tower there's a little sliver of land that wraps around the water tower and drops to the South here next to the industrial park that's for a future Trail and possible utility connections um like I said the religious assembly and then two rights of way that were dedicated with the remainder that includes that little strip um the subject of that zone change is the northwest corner of this of this full acre tracks or First full circle tracks all right so there are four findings that are required with any zone change in the city of Cal Lane those are listed out right here I will run through those as soon as I catch up with my staff report all right so first is B1 that the proposal is or is not in conformance with the comprensive

plan so this is the future land use map for the city uh this is the city in full context and then denoting here where those subject properties are and relationship to this map and then if you can see it there's a black outline of of the corter area um those two land use types are compact neighborhood as well as Urban neighborhood so this helps describe what the request is a little bit better with the zone changes here I've listed out what each one of those future land uses are as as categ categories and then showing here this was the old Well site where it was not viable and that would be moving to the north here into the urban neighborhood area of the future land use map for that relocated wellsite and then this corner right here is the request for c17 which also falls in the urban neighborhood portion of that map right so Place types this is a description of what place types are um they represent form of future development and they also provide policy level guidance to inform the development of ordinances over over time and then the description of what a compact neighborhood and then compatible zoning as well as Urban neighborhood and then what those compatible zones are hey Sean I'm sorry can you go back to place types sure the map or of the just the discussion on just setting a baseline understanding because I think it's going to potentially be a topic tonight I just want to make sure I understand Place types how you define it next slide excuse me Mark is um can you hear Mark out there CU I don't know

if that got okay thanks okay and um it very wise of you to bring that up um and it it may come up that the their request doesn't match what those underlying Place types are for c17 uh when this was initially annexed into the city that same topic came up both at Planning Commission and Council and uh staff said that it is it's guidance it's not it's not an ordinance the the comprehensive plan and that they had one of two paths that they could choose they could they could ignore the guidance of the comprehensive plan and Annex in with the desired zoning that that they were asking for or they could ask for the applicant to petition to change the land use map to match what their request was and so they ended up passing it um the way that the map exists okay thank you does that help it does okay all right so the next section here are the transportation networks in the city of cordelan uh the subject property is over here I had a really hard time trying to fit in where exactly those were without falling off the page or overlapping the other map so you can see the um where the those uh the planned bicycle network is this is a touch out of dates because since these were produced um the applicant has extended Hanley the East West Hanley to pole line where hutter intersection is at as well as uh paths on either side I believe they're a 10 foot don't quote me on that but um they can they can describe that further but there's detach paths on either side of that that

roadway so the existing and planned walking Network so subject property is here and where those currently exist and then the existing Transit Network which it shows where City link moves throughout the city I'm going to need a mouse pointer at some [Music] point all right so next are the policy goals and objectives of the comprehensive plan and so it's divided into six different categories uh staff curates the ones that we've feel are most appropriate on both sides of the aisle U there's a full list in your packet of all of them so you can choose them as you wish when you make your findings uh suffice to say the first one's Community identity I'll just talk about the goals that and not read the objectives uh to save a little bit of time this is all in the staff report so goal C uh ci1 is Cal Lane citizens are well informed responsive and involved in community discussions always like to take a second and thank everybody that is in the audience for coming out tonight it shows that they are interested in their community and willing to participate which is always good to see goal two is maintain a high quality of life for residents and businesses that make Cal Lane a great place to live and visit and goal three that cordelane will strive to be livable for median and Below income levels including young family working class lowincome and fixed income households next is growth and development same thing I'll read the goals so goal one is to develop a mix of land uses throughout the city that balance housing and employment while preserving the qualities that make Cal Lane a great place to live and goal two ensure appropriate highquality infrastructure to accommodate Community needs and future growth health and safety continue to provide an exceptional police fire and

Emergency Services that's related to the Future substation and goals of for jobs and economy is retaining grow and attract businesses which is a component of of this request since they are seeking for commercial zoning all right so the next finding which is finding B2 is that public facilities and utilities are or are not available and adequate for the proposed use so staff always reaches out to all of our departments that have the that have a a part in this and storm water streets and Engineering water fire and the Wastewater departments all reviewed the application request provided comments each department has indicated that there's adequate public facilities and Public Utilities available uh to serve the zone change request subject to the developer providing the required improvements per the development agreement right so the next finding is B3 that the physical characteristics of the site do or do not make it suitable for the request at this time me catch up a bit here all right so everybody can read so I'll let you read that and in addition I'll say that hutter road is on the west side of the property and is currently a north south two-lane road that will provide future access to the site the south side of the property is bordered by the now vacant North Idaho Maritime and and an existing single family neighborhood the east side of the property is adjoined by the cordelane industrial park which is approximately the northern third of that with additional neighborhoods of single family development over the southern 2/3 of of that

boundary so now on to some photos of the area so this is the intersection of Hanley and I'll say alcat um this is looking towards hutter Road off here into the dist you can't see that that trail system that they had put in it's also on the other side of the street which is outside of the subject property and then as well as the street that they have constructed it's a very well-used Street I've used it a few times it's nice to be able to connect on the north side of town now right so the inter this is the intersection of Hanley and alcat drive looking South down alcat so that's basically 90° counterclockwise and looking into it the subject property is off here to the right this is on the other side of the street looking into it so that you can get a better view of that request for c17 which is the 14 acres and then this is at the at hutter Road in Handley looking into the subject property it's fairly large um it's tough to take pictures of it unless you get some improvements because otherwise you're just looking at a field and you can't tell where you're at last but not least turning uh back back towards the city of calan you can see the water tower off in the distance the the trail system the new road with the subject request for zone change off to the right in this picture okay and last but not least is the last finding which is B4 that the proposal would or would not adversely affect the surrounding neighborhood with regards to traffic neighborhood character and or existing land uses so Chris Bosley our city engineer weighed in on the traffic he is here tonight so if any traffic questions do come up feel free to call on him he's an excellent resource so suffice it to say that a

zone change alone doesn't create traffic until something is built and at that point then there will be an increase in traffic and then that the well City well sites have no impact to traffic so neighborhood care so areas and um this area of calan has a mix of development and uses that have spanned many decades I wanted to point out the later sentence that the existing neighborhoods would were designed with streets that were intended to connect in the future development of the subject property when it was annexed in Council decided that there would be limited access from n Pur and Appaloosa and that on the west side of hutter is Post Falls area of of impact that's the the new name for it and then on the east side there are a couple of little pockets left of the area of impact for the city of cordelane right so um this is the existing zone map for the city of cordelane this is how it was annexed in and what those zones are currently this is where the Well site is future Well site will be be up here and then their request would be in this corner you can I've marked out R17 C7 where the religious assembly is anticipated and um what the zones are in the neighbors the neighboring districts next door at R3 and R1 to the east with an R3 to the South so the proposed zoning District they are requesting c17 and that's a description of what c17 is a broad-based spectrum district that permits limited service wholesale retail and heavy commercial in addition to

allowing residential development at 17 units per acre and this is things where things get a little inter intermingled I guess is the probably the best term for that so this is a list of all the uses by W in a C7 District um right now they are limited we'll get into that in the future with their request for the development agreement there um right now they are limited in what they can do due to that development agreement so suffice it to say if that is changed and they are allowed to have those underlying uses be uses by right these are what they are if they are not then we'll go over that here in a moment and you can see what they are allowed to do now so this is the current land use map uh most of the site is used as as agriculture the religious assembly is vacant next door or single family detached homes as well as some commercial uses Civic uses in the industrial park so um when I was putting this together I was thinking you know do I stop now and have Planning Commission attempt to make those those findings at this point or do I wait till the end um it's probably best if I go through my full my full spel here and and give everything out these are the requests that you would need to make findings for I have put them at the end as well I just wanted to make you aware that we are now Switching gears a little bit and we'll talk about the development agreement amendments so uh this is that other overarching piece that goes along with the zone changes there are two requests with this one is for land use and building uh form

determination so allow for a change so that they can build a wider array of of different types of units as well as also allowing different types of you of uses that the underlying zoning District would allow by right the other piece of that is sewer infrastructure timing uh which would align uh the Wastewater improve improvements with actual demand subject to the city's utility department um rather than adhering to a fixed schedule which is what is currently in the development agreement Mike Anderson the sup Wastewater superintendent is here he can answer those questions much better than I can so if you have any questions about Wastewater he is at your disposal so first is the land use and building form determination and um everyone's head is going to start to tilt here because this is the original exhibit e this is the subject matter tonight and this is what the applicant had provided the city at the time of annexation for what their their conceptual master plan would be um I tried it tried to turn it upright and it was almost impossible to see so North is to the right I put a North arrow down here in the corner but I zoomed in so that everybody could actually see what those elements are and it's in pieces so I wanted everyone to be able to see it as a whole as well as bringing that in close enough to be able to read so you can see in this northwest corner where the request is for c17 that was initially um slated to be multifam urban town homes mixed single family and town homes row homes cluster

single family so you can see along the edges here of where uh those those types of of uses as well as the types of construction were laid out so this is more towards that uh the second fourth of of of that the second quarter I guess so there are Aly single family lots that are located here this is that out parcel that still remains in the county single family lots um single family lots as as well here moving to the South more single family multifam single family and a mixed use activity center and then down towards the South near I90 mixed use Activity Center that's a continuation of that from the previous slide Town Homes row homes and a future Elementary School site all right so Switching gears here and and talking about what is proposed uh the applicant provided me this this here this is the proposed exhibit e uh there's two pages of that what is currently exists as far as zoning and then what is proposed so that you can see the wellsite is is sorry I wish I had a poter um so the wellsite moves to the North and then in that northwest corner is where the c17 is the density details are laid out here suffice it to say that the density doesn't change uh so that that is I guess a non-starter in this case um but I wanted to zoom in so that everybody understood what the request was for those areas that are colored there so you can see c17 R17 R8 and R3 so we had a discussion with the applicant um there may be other future types of of development such as as um

the missile the missing middle or uh Twin Homes or something like that that isn't contemplated currently in our code and we let them know if they if they structured this such that to include those into the future as long as this is granted that to to define those as residential rather than listing out single family multif family those all fall under a residential category so that's what this this does is it takes each one of the zones and breaks it down into that into their category so c17 has residential C cic sales service and then accessory uses each one of those zones lists out what those underlying uses that they seek are there is a note down here as well that they reserve the right to apply for puds and other special uses into the future and I'll take a moment here I think there's been some misunderstanding by the community I've fielded a number of phone calls and emails um where there was and I think there was uh there was a a thought there that somehow the applicant was asking that staff would have the ability to Grant zone changes subdivisions puds and special use permits into the future without going through the public hearing process that is not the case staff does not have that ability even if the applicant was asking for that we just we cannot do that legally so I wanted to clear the air and make it known right now that any of those future types of requests would be required to come through the public hearing process can I double tap on that sure to be clear you're not just talking about zone changes you're talking about interpreting Place types as well um

so the actually let me let me understand what you're what what I think I heard you saying yeah so I think what you're asking is does staff have the ability to take a different use type that may not be allowed in the underlying Zone and say that that's okay is that what I heard maybe um Let me give me one second I'm going to get right to the heart of it and make sure I got it right sure what is this one for yeah trying to say like residential activities that staff might be adding additional residential activities different than what was propos what has been approved ex that's it that's it does that kind of help you out a little bit yes yes it does and so staff wouldn't have that ability anyway unless it went through Planning Commission and or city council and they approved that underlying use in that zone okay and then staff would have the ability to say yes it does fall under a resid itial activity and so that would be allowed if it's approved by Council and residential activities you kind of gone over those before single family tow houses multi all not standard but pretty typical residential uses in neighborhoods correct providing that zoning allows those MH can I maybe have you pull up the first conceptual plan and you can pull it up sideways if you need to okay everyone T your head for a second yeah so can I like I just want to ask this kind of in a way that might be more visual for the community to understand too cuz I think I I do think that's a big concern is the public input so right now none of this has been

plotted except the short plot correct correct okay and um beyond what was brought in so those underlying llc's when it was annexed the big large but none of these um little streets and the little Lots um none of this has actually been platted it's been presented as a conceptual but in in the event that those are going to be ploted so let's maybe take that like triangle piece of the light yellow below the purple um right here so that might come through as a PUD it would come to Planning Commission we would look at the plat there may be some comments about street parking and whatnot and then we would approve that plat in a section you know it's not going to be platted most likely we're not going to Plat the entire thing at once um so we would probably get little sections to come in and plat and as those come in that would be a public hearing and the Normal public process a as we do with most beauties that come to us um in the initial phase and then if there was a significant change it may come back to us so we've had like Atlas Waterfront come back or Riverstone area we'll come back with something that deviates from the original plat um you know over time maybe we move the trail or you know different pieces of that but that process still will exist um regardless of the Amendments that are being suggested and so I think there's maybe a misunderstanding of like that process not happening but it's probably not going to happen over you know 20 to 30 years we're not going to see all of this at once because that's just not going to be developed that long um far out it'll just be kind of little sections at a time um and then it'll go through the normal the normal noticing proc all the process for that piece um and that will still happen yes and then the other piece I guess I'm I'm a little concerned about is like at the top the short plat so the intention of like a PUD is to have this

you know plan development that kind of flows together there's some benefits like amenities and a park and trails but then the short plat doesn't really it's kind of off from the conceptual design and I and I understand the reasoning for the school being sold off as a lot on that but I mean that would be something that I do think would protect like the public interest in this process is to not allow the short plat on the Pud because that is a way to kind of skirt that process the short plat didn't come to us right under four Lots would not come to the Planning Commission correct so yes it's an administrative process and so what they're asking for I guess my understanding is what they're asking for is some flexibility like say if we're looking at that same yellow triangle on those bigger Lots maybe um the little rectangle inside of there sorry try don't have a pointer but um if they wanted to put um duplexes instead of single family homes but it's still met the density they would have that kind of flexibility but they wouldn't be changing the plat from what we've approved is that how I understand the request for some flexibility I think you're 99% of the way there so so that the plat would and you'd mentioned this the plat would need to be approved by Planning Commission a PUD would be up to the applicant whether or not they asked for something like that so a plat doesn't necessarily have to come with a PUD that's only if they're trying to change a dimensional requirement such as height setbacks sometimes it's Street width parking requirements those sorts of things a PUD can can allow flexibility for those but doesn't change the density it doesn't change the density right but if for say just to to clarify what I think you I heard you say

is excuse me let's say they have an an an R8 Zone and they create lots that are 11,000 square fet and they're going to be single family in everyone's mind but that underlying Zone allows a duplex at two what a what a normal single family would would allow is 5500 s ft for a single family lot let's say they make 11,000 foot single family lots but then decide to put duplexes on them instead if what's approved tonight would allow that to happen because it met that underlying zoning zoning but that would be decided plat by plat as the lots are created so that that's what I wanted to kind of visualize because I think um some of the comments we've got and that kind of thing it's like we're inserting like like that decision point a different part in the process and so those decisions will be made by the plat and then that lot will be zoned and as long as they're meeting the zoning requirements of that lot as if they bought a lot downtown Cal Lane that could be a duplex they would have the same rights within that lot so that those lights those rights would stick to the lot that has been decided at a public hearing correct okay John you have some questions Sean you wanted questions later I think but since we're digging into that I want to just throw throw some things out and then get your reaction if I could and see if just so the question is you know am I am I on board with the thinking the correct thinking here but want to back up Bill buy wrote a story we read that in the paper and it some someone in the story said uh well you know departing from what you see there is maybe giving a blank check um and there won't be future public hearings so you know what I want to for me I um I want to make

clear and I Sarah I think you you touched on that very well that as each future parcel comes before us for subdivision be it the Little Triangle or any any of these it's going to come here for public hearing public input and for platting whether it be a PUD or straight up subdivision correct yes so and so if you move from this if you flip from this let me let me also just want to pull a chairman into this for a second CU you made a I think a revealing comment you know in the original hearing and and you said quote this request is for annexation and Zoning designations only the applicant has provided preliminary conceptual design information that is not binding at this time etc etc I I think my sense is that that was presented to us as a concept you know 20 30y year Vision we saw that for cordelan place which was bigger than this when they first rolled that out in 1995 we had you know this is what it could look like you know and fast forward to the the waning couple last pieces of cord in place the whole thing looks a little different but you know correct me if I'm wrong but if we flip to the other one would you flip to the proposed uh exhib uh if approved the one on the right uh with the Zone say change saying it still locks in the character it locks in the zoning it locks in the you know uh the road networking it locks in the zoning adjacencies it it it lays out the neighborhood and Civic use location such

as parks and schools and everything else so little details of which way the little boxes go and the internal little streets might tweak a little as we saw in cordelane place the as built versus their original vision of the place but it it just as calan Place hasn't deviated I think from the the the sense and character little details have so we it it's correct that we would still lock in the zoning we would still lock in the transportation those two key key uh connection points the locations of the parks and all that uh are still locked in correct so yes and that I was getting getting to that so those underlying requirements for two north south Trails the school sites the the the major road north south the connections those all remain still locked yes so you you'd mentioned something there to correct me if I'm wrong and so I want to make a distinct difference between calan place and and this request is calan place came through as a planed unit development and so with that were all of those underlying pieces for setbacks and shorter driveway lengths and you know the the concept plan that has come through over time they still do need to to have those those uh those approvals for those like well I think we're up to cordelane place 38th Edition now so it has taken very similar amount of time to what the applicant expects to build out but there was another level of control there where a PUD does require a a master conceptual plan like there was here so the applicant right now is asking to be relieved

of not necessarily the the plan concept in in its whole like some of those underlying elements still remain but with their request comes a lot more flexibility with the zoning and so those major connections the north south Trails all of those things would remain as they're written in the development agreement as they are now um but those zones would allow for more flexibility in that use and we're certainly again to nail down that point we're going to see each of those blocked blocks as you see whether it's the yellow triangle or any of the other ones they're going to come here again for public hearing correct yes is thank you yes go ahead and the commitment to not exceed the fixed number of um units will be audited and maintained throughout that process yes we're not going to see a creek that goes up and blows that out out of the water and that figures I think you mentioned 2800 yes it's it's capped at 2,800 unless they come back and make a request and the City Utilities can handle that and it's approved through a change in the development agreement it is capped at 2800 that was something that the applicant actually brought forward because theoretically zoning wise was close to 5,000 I mentioned that earlier um we're talking uh back and forth Mike and I and I believe the capacity that exists right now is closer to 3800 in change um with once they connect but they have dialed that back to 2800 and that is what's memorialized in the agreement okay and the commitment to the Road Connections that's all written in the development agreement yes because that was a big Hot Topic last time and then as far as the like the parks and

the infrastructure that way um I mean those will still come through the pieces on the smaller plots but substantially that won't change as well because that's written into the development agreement correct and um as far as I guess the development agreement however you guys write it up the zoning isn't going to change from R17 to R8 to some other R34 or any of the other stuff all the uses are still going to be there just as we see here and then the when we say Road connectivity or we just talking about the interior of the development or as well as going out the hutter and some of the other streets around the development so with the development agreement there was a limitation on the East and Southern portions of this request as to where they could connect on the North side and the hutter side those are to be determined in the future um two of them are already in right now I don't know if there's going to be any additional hutter is a fairly busy street and I can refer you to Chris and see if he would allow any more connections I'm assuming there may be one more for the school but that depends if the one that they put in already services that that future need um that's getting a little Beyond okay my expertise okay I just want to clarify what we meant by sure connectivity for roads I I got one more and then I I think you'll be done at least with this part uh after everything that just occurred this whole discussion about the process the administration and the implementation of developing a site uh if I were sitting in the audience I would be wondering it sounds like you're doing everything that you normally do why does there have to be wording about

flexibility associated with allowing things to be done that are being asked for that are already part of the process anyways and they're going to have to come before a panel the commission right so rewind back a couple of years to 2022 2023 very contentious hearings you know there were extensions and changes to the request and updates to the plans and you know feedback from Council and things of that nature and so the development agreement tied down their ability to do certain things and that's what we showed here with the current exhibit e and so they're asking I guess to be on tackled from that initial concept of of design correct so flexibility from that not flexibility from the administrative process that has been laid out in terms of anything that happens is going to happen in a public form it's going to come before the commission and the Public's going to have a chance to see the plan changes and weigh in 100% thank you so um I guess yeah and I'm I I don't disagree with a little bit of flexibility as long as it follows the normal process um I mean I I don't think it would be unreasonable to ask for another additional additional item on the development agreement to not allow short platting because that entirely bypasses the process and so I think that would protect I mean in a in a in compromise for some flexibility like we take out a way that you can do it without coming to the public I mean I I think that would be a reasonable ask okay you can absolutely if somebody decides to make that motion and you add that we'll bring that forward to council and my question too is if for instance I'm looking at the amended exhibit e just for hypothetical

if they wanted to take the c17 and move it into the R8 and move the R8 to c17 move things around would that that would all have to be come back to us so they they just can't blankly go in there and say I'm doing this or doing that there is a process I think that most of these Commissioners are concerned about that as I said before the uh original exhibit e with all the house Types on there was best case scenario and then now if they want to change anything it's going to go through a process like um the other commissioner said so whenever the first chunk comes back to us that's fine this is because of the changes that are occurring the uh the Water Tower changing the sewer lines and a few of the c17s being bought by other entities and moving that around that's why we're here right now correct and just to comment to commissioner McCracken's comment about you know bypassing the process we didn't there wasn't a bypass of the process it is a it's a different process but they still went through the process yeah and it limits it to a maximum of four lots and and or tracks so if there were tracks as well the maximum is four there's also a stipulation in there and Randy please correct me if I'm wrong that you cannot short plat a short plat for five years so once that short plat is done they could not come back and short plat it again for a pretty extensive period of time yeah I mean there's areas around I mean not necessarily in the city limits um but in cor or in cotney county that have been short platted I mean there's one that I'm aware of that's been short ploted from one lot to 30 you know over time and it it doesn't make an a desirable product at the end of the day it

probably should have been a PUD you know so I I think it in something of this size that the public is so interested in I think taking that out as an option for this particular project because the development agreement in itself is unique and that's something that is put in place to protect the Public's interest in you know this happening kind of towards what it was presented as um and there's a process and it likely you know can all be followed with the already the pieces can come through as Parcels in a in a subdivision request um just as easily you know and be out in the open so sure yeah and um just that and uh when we make our findings regarding the development agreement could we um because this is going to council after this so we're making somewhat of recommendation ation to council so whoever might want to make a findings regarding let's say short plat to adjust that development agreement be happy to add it that can be added as a recommendation the city council and city council does what it feels best at that point am I kind of right that's correct okay all right Sean um keep going if you have more stuff all right and so just to wrap that up I'll read this in to the record it's on page 33 of my staff report under note there at the top of the page says all remaining key components of the development agreement which are in Pages four and five sh shall remain in full force and effect as stipulated in the agreement this includes but is not limited to density trail system Parks future School sites affordable housing element traffic studies concurrency analysis Etc all development within the project shall continue to meet all applicable local state and federal laws and regulations okay Sean um regarding to that any changes it's all going to be

the same process mailings go out public gets notified public can speak on those particular items when it comes to either back to us Andor they can go to city council as well when that goes to city council right okay right thank you that's it thanks Sean okay so last but not least is a s sewer infrastructure timing this is part of the development agreement Amendment or align required Wastewater improvements with actual demand as determined by the city's utility department rather than adhering to a fixed schedule and so this is the proposed Wastewater language they are adding to the agreement not changing what already exists so what they are requesting here and and Mike Anderson can answer the questions like I said much better than I can but notwithstanding any other provision or requirement here under with respect to the timing of the sewer infrastructure Ure improvements required of the owners the city Wastewater department and its sole discretion May delay the timing of said required improvements and any such approved delay shall not affect or negate the owner's right to issuance of any approval here under approved or provided that all requirements of the agreement are otherwise satisfied uh so what this does is provide the ability for the Wastewater Department to determine when those connections are made rather than a specific point in time to say you must connect on X dat and uh so and that is also under this second piece which is the authorized sewer Improvement modifications which is notwithstanding any other provision or requirement here under should the city Wastewater department and owner mutually agree in writing then the scope or nature of the sewer improvements required of the owner hereunder may be modified without the need for an amendment to this agreement so I I did reach out to Mike Anderson he provided me a a comment here which is on

the screen of when the original agreement conditions were established the Wastewater Department Incorporated language that at the time appeared to best protect our infrastructure however the development has progressed has become clear that modifications are necessary the requested changes to the timing and scope of the Wastewater infrastructure upgrades are critical to ensuring the best outcomes for both the the developer and the Wastewater department so that should hopefully clearly State what that request is for all right so the Planning and Zoning commission must recommend the city council approval or denial of the requested modifications to the annexation and development agreement specifically the commission must consider and those are those two the two ones that we just went over and like I said I have provided both of those here so as you work towards that um I can pull these back up when it's time to make findings but at this point if you have questions I'll be willing to answer them that concludes my staff report next up would be the applicant think I got two cor go go go ahead you got it uh thank you Sean great report as always um a few questions uh page five of your staff report and uh the written staff report it talks about the 2800 and 2800 cap and that's not going to change regardless of what we do tonight correct correct uh but it does say in there that you know the cap is based your quote in part in part on Wastewater capacity issues which sends tends to suggest that there's other reasons for the cap you know that that's just was a negotiated

deal that we just you know in approving this zoning what what what are the other considerations if if it was in part Wastewater what what were the other reasons for the C suggest there were other reasons what were they so um negotiations the cost of annexation for you know when somebody pulls in a piece of property and they don't have they don't platted at that time there's a cost associated with that uh also the applicant suggested this specific number um rather than than staff U which because we figured out the theoretical Mike figured out what's the capacity that we can serve as a city and the developer came in with a number that was fairly substantially below those correct me if your recollection is better and I tried to go back over the the the notes but it was my sense that you know kind of as a negotiation sweetener it's like theoretically we could build to this we're going to cap it at 20 2800 you know Wastewater is certainly an issue but even if suddenly the pipe or the plant gets big enough to accommodate more my recollection was that that was just kind of a deal to make the neighborhood neighborhood and other people uh okay or somewhat okay somewhat a better okay with it you know correct I mean just yeah I I can't speak for the applicant I'll I'll let them all right all right my my understanding was that it was just we're self self-limiting ourselves to make this a little more palatable that's my recation and I was just testing see if that was yours as well the with respect to the the well uh changes the part that's driven because we failed the first well test you know

float test or whatever it's called have we done a test to see that this new site Works everything that I have come to understand is that the second wellsite does produce enough water thank you and uh with respect to the Sewer infrastructure uh timing an uh annexation agreement change it clearly sounds advantageous to the city is that am I read getting the wrong the wrong idea here I think I missed the question could you repeat that well you know the the sewer annexation part of the development agreement change it's it's clear to me that almost looks like the the city's request I would let Mike Anderson answer he is here sry my and hold on mik and if any of the other Commissioners have any other questions since Mike's up here regarding I did I do one of my questions yeah I'll let you go ahead thanks Mike just in in when I digested four or five pages of all the details it it seemed to me that this is in your interest very much to have this change is it not yes there you go thank you I like your concise answer so all this uh um the Wastewater from the northern part of this property is going to flow to a pump station an already existing Pump Station can you see this you can't it's going to flow to an existing Pump Station to the north of that dotted line um and we were unsure of the capacity of that lift station at the time and we wanted to make sure that before they built anything they upgraded that lift station to be able to handle that flow well as we've developed to the North End of Hanley already we're realizing we've got a lot more capacity in that lift station and if we were to upsize it now

it's you like putting a gigantic pump in your swimming pool or something like that it it just wouldn't work so we're working with the developer on the timing on that instead inad of having to do it now and actually being detrimental to us do it later when it actually needs it so you're totally on board with that yes thank you it works best for us well go ahead yeah I think you you started to answer my question is I was curious about if the timeline slid or when it does take effect is there going to be any sense of degradation or Interruption of service for residents that are living in the area no better not be right so we're going to have uh uh the develop will have to um do some bypass pumping cuz that's the thing about Wastewater we can't say okay everybody stop flushing you know that just doesn't work so there will be a time where that lift station is down but we'll work around that and have some bypass pumping in place to be clear it'll be transparent to the residents in the local area that are near that area that there's a new line coming in they won't see anything right they will they will notice nothing so their flow will flow just as typical just on our end as far as moving it we'll have to move it alternative method while the upgrades are going on I'm sure you can get into a lot of detail but maybe the high level of like your decision- making process as you go through like when you decide to have them change the plan or do new equipment or that kind of thing like how will that be decided um we'll work with the developer and Engineers on coming up with timing on it um quite frankly it looks we're hopeful that our pumps uh may not even need to be up upgrade uh or at least enlarged uh we can upgrade their the way they run kind of get nerdy for a minute yeah right now they run full boore all the time just full on full off and that's how they work so they cycle uh their Duty Cycles about 15% in

otherwi they're on 15% of the time more or less so there's a lot of C capacity between 15% and 100% so what we're going to work with is probably running it smarter and that is installing vfds they're called so instead of running 100% it runs at 70% or 60% something less than so that it doesn't cycle on and off all the time and it's just better on the equipment and then you'll have a buffer for like when to have some lead time for you know yeah obviously yeah especially these days it takes a while to get equipment okay thank you okay thank you thank you thanks M uh at this point since we're talking to City staff um you have any questions of Chris since he's sitting here yeah Chris might as well come up Chris thanks for being here tonight there's I I think that saw a few different and these are common threads whenever we talk about development concerns within the local area for traffic flow uh and potentially some environmental concerns for drainage so if I could get you to talk specifically on on those two things in other words cars going through Sean deciding to go take a cut through the roads because it's there now and it's easier to get to where Sean's trying to get to yeah there's a car where there was no car before but the car is Transit is done so in a manner that the city has developed a plan turn signals turn Lanes throughput that's going to allow traffic to move on those streets safely I think that that's probably the the Crux of when people say traffic means Danger well true if you're in the middle of the street it could mean danger but if you're on the sidewalk which is looks like it's 10 ft away the trails at least on the main roads M from from the from the actual where people are walking it seems like it's in other words if you could just touch on that

and then also on just environmental drainage uh for the streets if there's any concerns with that as well oh as far as storm water goes yeah you got it well as far as storm water goes all all this area dra um our method of storm water management in this part of town is through grassy swes or vegetated swales so um they've got good draining soils out there we don't see it as a problem at all won't be piped to the lake or the river so really no environmental concern there um as far as the roads Go I mean that's going to be based on each phase of the development um we will we definitely have our city standards that they'll have to adhere to and we'll be reviewing each of those as it goes um the uh developer is required to do a traffic study at each phase of development and look at what mitigations might be necessary because of that increase in traffic um it's going to be a while before we make connections I believe down into the existing subdivisions um so that'll be a whole different public hearing I imagine but um got it thank you not sure if I'm answering your question no you are I think there's just one more and Hillary it may be more in your lane has to do with impacts associated with growth and new housing and then got a police officer in the back at some point he can only be here so if there's more places he needs to be it means through the building of these new homes and more population we need to add manpower to the police force or the fire department and so in that case I don't know if it's through you Chris or Hillary it's through you just the impacts of assciated with this for people in the local community to make sure they understand there's actually a burden that's being placed on the owner through the owners that are going to own the houses for showing up and living in that new

area yes and I all of those were considered during the original hearings too that came before this body and then before city council so a lot of that was built into the development agreement for some of the impacts and you know anticipating that there's going to be need for yes improvements snow removal we're going to have to increase the the police and fire to accommodate that thank you sure I have a question for Chris and I don't know the best um the I would guess like nesp and then when it comes out on the other side is it Mullen on hutter um you know that's probably our biggest one East West so like at what point would that trigger like a light a light or roundabout I think is on the one side um when if we're doing it in little sections when do you trigger the bigger pieces of the um the grid I guess well that will be determined by the traffic studies that they perform each time yeah and once they make that connection well the longer they wait the more necessary that's going to be um because traffic is just increasing in the area overall so every day there's more traffic out there on hutter road and Atlas so you'll remind us each time that it's like looming like you need your brakes fixed you know every time you go get an oil change or like you know they'll tell you'll tell us it's coming right okay okay thanks Chris right are there any additional questions for staff the red L on 17 the I'm sorry c17 L yes oh the the red L yes I I put that in there because I had for forgot it originally in my staff report and so I put it in there to remind myself to remind you but I missed pointing that out so it is c7l the well

is a use by right in c7l is that is that what you're that's it thank you okay absolutely yes thanks for catching that good eye all right with that we'll bring up the applicant thank you for your patience EXC okay can I get the signup sheets yes we'll grab those for you all right thanks and um I don't know how many people want to testify let me see how many people do want to I might just do a mass swearing in if there's quite a few yeah it looks like there's a few sorry I'm not talking I just don't have any voice I think it's okay you're B man that's you you're going to be going this it'll be fine you're doing it you got this than Gabe we're fine we I can verbally talk to right no no no no no no no no no okay I'll just do it individually there's not that many people that want to speak there's quite a people that signed up though um so let me just do this do you solemnly swear and or affirm that the testimony you are about to give is the whole truth nothing but the truth help you ey I do go right ahead thank you okay good evening Commissioners my name is Melissa Wells and I'm the president of the coutney County Land Company and today here with us we have our two civil engineers Gabe gallinger and Mike Leeming in addition we have Connie Krueger who is a a de a planner consultant that works with our team um again we're here today to talk about two separate topics as Sean mentioned we're going to do the development agreement request Amendment request as well as a zone change request and then of course we'll open it up for questions and

discussion um we'll start with the development agreement Amendment first I am going to highlight just a couple of background items uh again Sean covered a lot of this so I'll go quickly through it but as a reminder it was March of 23 that we annexed it was a little over 438 acres into the city of cordelane um as a reminder with an annexation that establishes zoning which basically defines permitted uses and basically what it tells us is what are you allowed to build in each Zone in addition to the annexation we entered into a development agreement which was the first of its kind in the city of cordelane so this agreement outlines additional requirements and conditions above and beyond what's already in the standard zoning regulations and importantly we wanted to remind everyone that this development agreement is tied to the land itself it runs with the land meaning that it can all the conditions that are in that agreement remain in place regardless of who owns the property whether it's now or in the future it runs with the land so we wanted to make sure that was just really clear for everyone and then also as we've alluded to several times this evening we wanted to remind everyone that one of the key components of our annexation or approval is that we did agree to a maximum density limit of 2800 units 2,800 residential units across this entire site so whether the development includes single family homes multif family for sale for rent the cap Remains the Same so we just wanted to point that out so let's fast forward two years has gone by and you know why are we here today why are we requesting this amendment so we wanted to give you an example of what we've recently done a few months ago our development team requested just a pre-application meeting with City staff to discuss our first

project we wanted to do a PUD application and in our proposal all of the product types aligned with the zones that had been approved from our zoning and annexation development but staff was a little bit concerned because there's language in the development agreement that said General consistency with a concept exhibit again our our proposal all the product types were allowed but the exact placement or the exact type of and locations didn't exactly match a concept okay so when we walked through the proposal I mean understandably staff was a little concerned with well gosh how are we supposed to interpret what general consistency means um so as a result of that we were not able to submit our PUD application so we have a picture of the exhibit here which Sean showed earlier and the top the header I think was just clipped off on the other version because it's so big but you know we we felt it was abundantly clear that it's a generally adhered to design it's a concept it's a a conceptual plan so in other words it's a vision rather than a fixed blueprint it's just illustrating one possible approach to development that's inherently what a concept plan is but with that said you know we understand the predicament we don't want anyone to have a conf Fusion on Clarity and we have a great relationship with the city and we all just said let's let's get together and let's talk about this so we had we wanted to follow proper process we had our attorney the city's attorney staff and we said great we think the best path forward is why don't you guys come forward and propose an amendment to the development agreement and in this amendment we're basically going to better align the allowed uses with the zoning regul regulations so that way we can submit

our applications so returning back to our example from the pre-application meeting one of the product types that we were going to propose was an apartment building that would be just a little bit south of the school site so again apartment buildings are permitted within this Zone it was our 17 Zone in this case um in fact we even showed it in the conceptual plan um just on our plan it was in a different location so without this type of an amendment we wouldn't be able to submit our application this amendment does allow us to submit the application for as Sean mentioned just for the product types that are allowed per code in each Zone and this way rather than attempting to predict the exact placement of each product within a Zone um we get the flexibility um to to um make those changes down on the way so for let's just say for example in here if we decide we're going to move the town homes to across the street or maybe um we build some cluster housing and we say wow that was amazing it really helps satisfy attainability we want to build more of those we wanted to have the ability to do so so this amendment would ensure that we could submit applications for anything allowed within the Zone obviously we have to meet all of our other requirements now again not to be to dead horse but it's really important that we all understand that none of the other changes of the another none of the other parts of the development agreement change we have a 2800 unit cap that stays we still have to do traffic studies we still have utility capacity that we have to look at we still have to do the 5% attainable housing and then most importantly every application has

to follow City process so we are not in any way looking to circumvent any kind of public hearing or city procedure instead we're just we're we're trying to streamline the development process while having the full regulatory oversight and engagement so can you imagine if every single time we wanted to move a building around we had to come back in front of planning and zoning and in front of city council to move a building even before we could submit an application can I that's that's why we're here okay can I ask quick question on that yeah for example and you can't see it on this but we have that in our handout and that on the amended exhibit e which shows the uh zoning that and I'm talking about the top left corner MH okay that's zoned R17 and on that map which you can't read from the screen but in our and I'm on page 28 and 29 and I'll packet in that R17 area zoning you'll have multifam Urban tow houses mixed family uh single family and Tow houses row homes and I believe cluster cluster cluster so I'm hearing you right instead of if you wanted to move cluster housing to multifam area would they have to come back and do that or what we're looking at now is giving them some flexibility in the in the um development agreement yes so we oh I'm sorry do you I was we absolutely would have to come back all we're saying is that we would have the ability to even submit our application because staff would review it and say okay you're you're selecting these product types that are allowed in our

category bucket so yes that checks the Box we will now go ahead and follow regular procedure we will then go to planning and zoning and and go through this whole approval process but in the absence of that if it we wouldn't even be able to come towards Planning and Zoning that is correct so in the example that Melissa gave if it was you're they're just changing the Ed type but it's allowed by zoning they're still requesting a planned unit development or subdivision that comes to you with a public hearing right and the neighbors get notified to move a building that they have already locked in just to slightly move it and rearrange it they shouldn't have to come back no that would not well and they haven't they haven't locked a building in I mean because it's a concept A lot of times we get the annexation with the Pud but they're in such smaller chunks this one's such a a bear um I do have a question about the top the top left corner on huter or poine right there at the corner um and Hanley that is on the proposed zoning c17 that is a change right that is and so um if it's okay with you I'll finish covering the development agreement and then we'll dig into a little details on the zone change because they are two separate requests and then I guess uh while we're on this other topic because this is a little more related to that um I I mean I think we've heard a a lot of comment about the public process and you're agreeing I mean we're all on the same page like it's the normal process we're all going to follow that um you know do you think there's a lot of opposition to not allowing short plots I think it kind of protects both parties and saying that you know hey we're going to bring it all forward um with that flexibility I mean do you want to comment a little bit about sometimes why you need to have him where if you need to adjust a boundary or I don't know if this is the appropriate time but yeah the the reason that we did the four lot short plot on the North End well I know why you did this one I'm just thinking going forward I mean um I mean that it's it's not uh cuz

you're looking out forward enough that I feel like you could probably anticipate those and plan ahead and incorporate it into the next part of the PE um which I think would be a very reasonable expectation I'm not worried about your request at all Our intention is never to try and pick for that so I just think it shows the community good faith and like hey we we fully intend on participating in this process every step along the way for the next 30 hopefully not 40 years you know that kind of thing yeah I'm not worried about that yeah okay than sorry interrup go ahead no worries okay so all right this um again Sean already had up earlier so the whole point here being that the exhibit is going to outline the product types that are allowed in each Zone and as we've all talked about given the long-term nature of the project the goal is just to give this definitive reference and it eliminates the need to have to interpret what is generally consistent or not so the the amendment it helps ensure Clarity and consistency for the developers planners officials um just by showing the allowed uses per Zone you heard my questions of Sean and whatnot I just want to make sure I Square my thinking squares with yours is maybe in hindsight you know should you have put that much detail out there right and and you did but I seem to recall and I pulled up a quote from from your yourself and others that I think we we very much got that at the time it was communicated that that's a vision correct to think that 30 years from now every little teeny box is going to be in exactly that spot that that's a final plat it is not even a preliminary plat it it's it's a concept you know so to take that as a lock I I don't see how

you could possibly so it's still if we leap to the call it the dumb down one if you will this the things that I think really really matter where those Key Street connections are where the Civic uses are where the trails go none of the zoning has changed and so within each of those boxes it's going to come forward as a PUD Andor subdivision correct you're absolutely correct and the unit count and the unit count count yes I mean those have all been locked in the development agreement I mean correct yeah so this is hardly a blank check it is not at all a blank check so okay continue sorry again okay the next slide that we have up here we wanted to just include it's exhibit E1 and it's it's basically to just put everyone's mind at ease so it's abundantly clear that we're still committed and required to to to do this Transportation Network the parks the pathways everything because this is all outlined in our development agreement and again this is a perfect example for me to remind everyone that every application must include a traffic study and obtain utility concurrent with the water and the sewer department so I know there's some confusion out there but it's anyway so every application must do all of those items and and then at that point time the requirements will be reviewed in the city hearings which again are open to the public where everyone can participate all right so um we talked about the first part of the development Amendment agreement this is the second part which we've already talk with the Wastewater department but um as we discussed in the current agreement we were required to complete specific Wastewater improvements prior to our

first development project that connected to the city sewer system um after further review as we heard tonight the Wastewater Department determined that there's existing system flows and they're they're lower than we originally anticipated and so as a result the city would like the flexibility to delay the timing and then they may decide they want to adjust the scope of the required improvements so with this amendment all we're saying is that yes the city can at their disc at their disposal they can decide to make timing adjustments as they see fit and then it also allows them to make scope changes that we can then visit about and ensure they're mutually agreeable but we needed to modify the development agreement just to even allow them to delay or make a change it similar to the exhibit it was probably a little bit too specific up front um the next slide is just simply a capture of what you have in your in your report that shows the language of the of the amendment for pertaining to the Wastewater so relative to the development agreement again there's two key Parts one we want to be able to submit applications for all product types that are allowed within a designated Zone again still adhering to the density caps and all of our conditions that will go through City process and public hearings and then secondly um we want to allow the Wastewater Department to control the timing of infrastructure improvements Andor request um or give them the ability to work with us on scope changes um as part of an amendment there's a couple key questions that we should look at for criteria is it necessary and reasonable and we say yes the exhibit clarifications and the Wastewater changes they allow for realistic And Timely implementation of the annexation and development agreement and um allow us to move forward for the

duration of our project without modifying the framework of the of the master plan development um the second one are the amendments in the public interest and and again we feel very strongly yes the proposed changes they're going to facilitate timely and predictable introduction of allowed product types with within the community the amendment also benefits the broader Community where certain land uses they may be more challenging to accommodate for infill and then with regard to the infrastructure this proposal maintains that the timing installation and the funding of the infrastructure um um can be addressed while still making sure that we're we're guiding this by actual demand and that the city Wastewater department is driving this decision and the next next okay so now we'll go on to that was the development agreement and now we're going to talk about the proposed zone change requests um Sean showed this uh similar slide here first we're requesting some additional c17 zoning we're talking about 14 acres that will be in the in the northwest corner of the property and then next again with the city's direction we're requesting to move the location of the Well site so we'll jump to the next slide which shows the location so on the left hand side of the screen you have the existing zoning on the right the proposed um as far as the c17 request goes our intent is to allow just for expanded commercial uses and people say well like what what are you talking about I mean a couple examples might mean what if we have some retail or shops on the lower level and then have some residential units above maybe there's an ice cream shop maybe there's a bakery but that's commercial and in the current R17 Zone we wouldn't be able to do that so we'd like to have that ability and that's why we're requesting or or maybe we want to put in a

restaurant again that's commercial um in the R 17 Zone that we have today all the residential uses allowed and the restrictions are the same in R17 and c17 so That Remains the Same um c17 just simply adds the ability to have commercial uses and so then some may say well why do you want commercial uses well commercial is really important to a city they play a really vital role in a city's growth and sustainability they offer economic and social uh benefits infrastructure benefits um for example they attract businesses they create jobs generate tax revenue um that helps fund things like schools Parks Emergency Services they provide residents easy access to essential goods and services and entertainment which impacts and increases the quality of life revenue from commercial zones help fund roads utilities and public transportation and they make cities more connected and efficient and again with job creation just providing diverse employment opportunities from retail to hospitality to Professional Services and then the lower arrows on the exhibit talk about the Well site so as part of our annexation we agreed to donate a site to the city um for for the city well and after the annexation the city did some testing on the location and found that it was unsuitable and so because of that we need to actually request a zone change to take the old site and put it back to where it needed to be in the in the residential zoning and then update the new site to reflect where the the city has selected for their new we [Music] site um as you're aware with requested zoning changes and and Sean covered a little bit of this but we have to look

at compatibility so of course we looked is are our requests compatible with the comprehensive plan um as far as the c17 goes again we already covered this but yes it is in fact um part of one of the allowed compatible uses within the urban neighborhood but we just wanted to point that out that we we did of course review that and then similarly the same goes with the wellsite location yes the city selected a site that's in a utility Zone that supports this use all right so does the request meet the goals and objectives of the comprehensive plan again yes it does it's explained in the um application narrative which you all have a copy of in front of you and then uh Sean ran through all of the specifics on there uh that we we are meeting the goals and objectives of the comprehensive plan I did highlight I'll just read a couple of these things here these are the more summary items but with the c17 Zone that's our first requested zone change it's designated to support a mix of residential Civic and service oriented activities fostering economic growth and business friendly environment this proposed District complements the planned Northern area of quair as well as the adjacent Community which includes schools assisted living and diverse housing options the cair master plan promotes a wide range of land use and housing types aligned with the city's middle Housing Initiative I'm sure you're all very aware of that effort to integrate and fill development in various parts of the city and the nature of this c17 District supports that goal by incorporating employment centers businesses public transportation open spaces and of course the bike and walk and walking and bike trails um strategically placing this c17 District at the intersection where we

have of Hanley and hter it aligns with the city's planning principles as this zoning type is encouraged along arterial roads so the inclusion of sales and service businesses within this district will enhance the local identity by complimenting the surrounding residential areas and then Additionally the cor features an interconnected system of schools trails open spaces and Parks which do support education recreation community programs all of which enrich the quality of life of residence um this one's a little quicker this is for the wellsite Zone uh the zone is designated for essential community services including the development of a community well it is a critical facility that must be placed in a location that has access to sufficient supply of high quality groundwater we know the new location does in fact um other considerations of course include topography existing infrastructure and economic feasibility and overall this uh Zone District aligns with the city's selected well location I know we've covered a lot here today as a recap we have two requests first we're requesting a recommendation of approval for our development agreement Amendment which enables the submission of development applications for any product type permitted within the designated Zone and allows flexibility for the Wastewater Department to support their timing and and scope needs for future infrastructure improvements and then the second would be a recommendation of approval for our requested zone changes which replace 14 acres of R17 land with c17 land allowing for mixed use and commercial buildings and then also allows for a site relocation of the city as well due to the original unsuitability okay

questions none at this time thank you thank thank you appreciate it I have number of people and majority of them do not wish to testify but I'll call your name and if you change your mind you can come up Nancy bar Laur Le ruic no okay Bill Rob no Ronda bowling Rob excuse me Tom we had a question over Bill Rob the gentleman out there was asking for clarification on the name what was that second one laury ruik keep going Bill Rob that's the one he had questions not yet not yet Bill Rob get to you Bill Rob that's who it is right now okay um Lori Rob Roger ruik no thank you no okay no problem yeah you've marked no here so if just if you want to come up uh Ronald MCU no thank you you're welcome thank you uh Joe thank you Joe you coming up okay first one is that well say oh hold on sir just come up to the podium and I have to swear you in okay uh do you s only swear and or affirm that the testimony you're about to give is the whole truth nothing but the truth self be God you bet you yes sir go right ahead all right than Joe is it Tom that's it God I haven't seen you in a while well I'm glad you're seeing me yeah if you can address the mic the M okay um the whale site um does that not only include a well but it also includes

a tower uh that would have to be answered no because a lot of these Wells are putting these gen FIV um repeaters on and this thing is like 50 ft behind my house where they dug that testwell which is right off of Spears okay um that would have to be the answer by staff for Sean you can address that real quick appreciate it um that is actually a Well site not a a tower so it doesn't have the elevation that so it's just a well that they're going to put in there yeah cuz I know they uh they said that they hit some pretty good water there and like I said it's the rig was no more than 50 ft behind my property there so uh that was my main concern was the fact that they were going to have a tower and then a lot of these uh Wells that they do have Towers they end up putting these Gen 5 uh repeaters on them and so you're getting hammered you got to face the whatever is uh being put out on those yeah uh my next question is about the traffic okay since they opened up Pole Line and all the way through which turns to Hanley uh the amount of traffic that comes down Atlas is incredible because everybody from Post Falls is taking a shortcut to work in the Quarter Lane I've I've talked to several people about that oh yeah that's it's a great way to get into c l you know and they're and they're hitting they're coming off of 41 or they're coming off of Post Falls and they're shooting across well the amount of traffic that is on pole line now and that comes through Hanley and then the amount of traffic that comes down Atlas which hits Cathleen and that just plugs up that light since they they've opened up that uh that road that goes all the way through so I didn't hear any

comments about the traffic that that we're dealing with now and if it's you know it's getting bad now what's it going to be like here in a couple years when they start developing all that and the more people that are looking for shortcuts they're I mean the more people that find out about coming down pole line and taking that cut across to get all the way into cor Lane whether they're going to hayen or whatever Direction they're going that's going to increase okay uh that would be an answer for the city engineer at some point in time I did I believe he did mention there going to be traffic studies there done as a development uh uh is um devel veloped uh and unfortunately people taking shortcuts uh that live in the outlying areas it's just the nature of yeah but it's just but that's one one of the problems that plugs up Atlas right and that's something that I think down the road uh the city of Post Falls as well as the city of cordan will probably have to take a look at down the road right um but presid but we're dealing with it today already and and the development hasn't even really started right and right now we're as Chris stated he'll look at the traffic studies for this development and it said you know just surrounding areas get developed and however people get around is one thing and I understand that yeah but right now we're just talking about what's happening with this uh development and what traffic studies they have to do yeah I mean I understand that but it just seems like you know you're putting the cart before the horse I mean these things should be brought up now I mean ever since I opened up that road hutter is just turned into a main thoroughfare I mean the traffic that I see going up I mean cuz I'm right up against the the the Armstrong's property and I'm seeing such an increase of traffic it's just pathetic and then once they open that up I mean everybody it started out slow and now the amount of traffic that either

cuts across or comes down Atlas is just incredible and it's like oh say what are they going to do with Atlas nobody's even talked about Atlas and the amount of people that going to take NZ pears or be cutting across uh you know Indian metals or any of those those areas down there people are going to they're always looking for it whether they're coming out of that new development or they're finding you know shortcuts to get to get through the infrastructure in this town is really not set up for the development that's going on now it's too bad that they didn't think about that ahead of the time so that's about all I got to say I appreciate it thank you good seeing you Tom same here thank you all right uh Tom bobui almost got it I was going to yeah pretty close yeah and I just have to swear in do you solemly swear and or airm that the testimony you're about to give is the whole truth nothing but the truth help you got do go right ahead Tom um I live off of uh Arrowhead Road which is through this um and echoing his comments so for in some of your comments which is very disheartening to look at the traffic later on or down the road that's that's on how you plan a city right so the latest two years ago the estimate was 16,000 car trips a day coming off this development we need a plan the bulk of it is going to be heading through our neighborhoods onto Atlas and just like you said so um the bulk of the traffic and correct me if I'm wrong Chris uh between 7 and 9:00 a.m. and 3: and 600 p.m. right yeah Atlas is two-lane road and you're going to have all this additional traffic it won't handle it do you understand how much space 16,000 cars takes and to and we talked about being safe right so if you assume an 18 ft length car and one car length per 10

mph traffic and you were able to travel at 35 M an hour down Atlas that's a line of cars 210 mil long that's what you're looking at when you say those numbers so it's not I don't need a traffic study to understand there's no way that'll fit we need a plan and to kick it down the road is not not a plan thank you okay thanks Tom Susan Canon and excuse me for a second Hillary this might come up again can you just summarize the city's efforts to tackle traffic give some history in terms of hter Road the bypass the challenges we've faced to get north south east west and just kind of lay the law give us a base based basic understanding of one what's been done in the past what's currently being done and where the public can get involved to help out if they really want to okay I will attempt to do some of that but Chris is probably a better version Chris if it's Chris please let Chris do it Chris has been more involved with kmo efforts and Kat and all of that and then I think the applicant team when they come for a rebuttal after the public comment could also speak to some of the traffic studies that have been done thank you thanks am I supposed to be sworn in no we'll give you a pass um so as far as traffic um two things that I wrote down while these comments were coming up just so that I could be prepared to speak on them one is we do have a project for Atlas road we were awarded funding through the state for that design is supposed to begin I believe in 2027 there's no construction year set on that yet it depends on when the state's Money free up but the plan is to widen Atlas from celti to Hanley um to three lanes so it's it's

not I mean it gets the left turns out of the way which helps drastically in easing up traffic congestion um that will also include some um shared use path and things like that um the other big thing that's going on right now is itd is undergoing the preliminary environmental linkages study the pel study and that was what would used to be called the hutter bypass but then they've broadened that study to look at the entire region get public's opinion on where connections are needed where they're seeing the most congestion looking at all these different options out there and hutter bypass is one of the options that's still out there but there are others that they're looking at because hutter would only address North South traffic and not east west traffic so they're looking at some options on how to deal with east west traffic as well um that should be wrapping up in the next I don't know a year or so but if I can stop you just there for a second is there a way for the public to be involved in that pel study to provide comments on a train um I don't know where where they are on the comment per comment period right now but there have been a few different public meetings on that thank you and I actually think Gabe has a little bit more insight on that due to some property owner discussions he's had recently great and and general public should also be in contact with Post Falls because Post Falls is on the opposite side of harder as well depending on what development goes through Post Falls as well so the general public can touch base with postfalls City staff City Administration to see what might be in their works of trying to do something to relieve correct and it's well actually and it's Post Falls highway district for a while too because it's

not in the incorporated city of postf Falls so like hutter road is postf Falls Highway District jurisdiction at this time okay until one of us annexes that into our city okay all right thanks Chris thanks Chris I appreciate it uh where was I Susan kuten I think I mentioned she does know how to speak Robert kuten did not wish to speak um and these are all opposed by the way Melissa Dodge did not indicate whether opposed or neutral and she did not wish to speak Nate Dyke is opposed does not wish to speak will kushman is opposed and you do wish to speak come on let's go to s in do you Solly swear and or affirm that the testimony you're about to give is the whole truth nothing but the truth so be got yes go right ahead thank you since the completion of the pole line Handley interchange the east side of Hanley of Atlas towards the schools has started to deteriorate and fall apart what's the city's plan on taking care of that in adjacent to the development of the C cor teror project and also the amount of traffic coming down Atlas I agree 100% with them there is times where you cannot get out onto Atlas from any of the side streets and that's concerning to us homeowners that live there we didn't anticipate having you know 30,000 more cars come driving down the road just because they opened up one section of

Road you know and the roads are falling apart I mean Atlas from the bridge down to CTI that's all falling apart it's full of potholes the roundabouts are failing the roundabouts on Handley are failing around the schools they had to put crosswalk with flashers at the high school because kids were getting almost hit because people are driving so fast by the school even though it's a 25 mph Zone when are present they don't pay attention right there should be more law enforcement there should be a a better traffic study done just those roads cannot handle this amount of traffic that we're throwing on them um again I say you know the highway district as Chris mentioned might be but the city owns the section from Atlas Road through all the way to 95 by the schools the road is falling apart mhm you can see it it's all alligatored out I used to be an asphalt I know it's falling apart you can see it you can see where it's starting to pump and break the asphalt apart it's not good we're adding too much entirely way too much traffic and then with the with them wanting to change to c17 on that northwest corner of the property are they also going to adjust and shrink the size on the southwest corner of the property that might be uh an answer or a question that the developer can answer because she'll get they'll come back up and have time to address any questions that might come and you know should just you know get in touch with the city and you know the street departments and see what you know plans are to fix potholes yeah I still disagree with the project entirely because they don't want to do the concept that matches the the neighborhoods that are existing they don't want to match anything that's currently around why why not it's beautiful one of

the most desired neighborhoods in the in the whole area to live in mhm I mean well um hopefully the street departments will get to fixing all the Pooles in the city Perfect all right thank you um Arian Arian bowling did not wish to speak Asher gray is neutral and does not wish to speak Keith Wells is in favor and does not wish to speak and Howard Burns bernes uh is opposed and you do wish to speak sorry if I did not pronounce your last name correctly just have to swear here now uh do you soundly swear Andor affirm that testimony you're about to give is the whole truth nothing but the truth help you gu I do well go right ahead thank you um first off I believe the I90 uh comment section uh for the work that they just had the hearing on at cordelane uh in whatever that thing that you can comment online until the 15th of March okay and I believe that you can put in comments about the absolute need for the hutter bypass because the whole area fails without the hutter bypass or some type of major road and to ignore that as you're think talking about this project and putting c17 on the corner is to ignore an elephant in the room just as ignoring the fact that our applicant owns the adjacent 600 acres and is not showing you what they plan on doing over there because they're all works as a whole it doesn't work alone so talking about it in this she pointed to the c17 corner and said oh look it's an urban neighborhood well across the street that

she didn't show are lots on five acres so it's not an urban interchange there there's homes on five acre lots on the other side of hutter we can't not we can't ignore postfalls and everything else that's going around secondly the 2800 units was on the master plan now they've taken 10 acres out for the church site that was R17 no dimunition in number of units though now we're going to want to change and and add c17 to the corner so they don't have to put any residential there they can say we're going to build a shopping mall on the corner of of Hanley and Pole Line and we're going to still have 2800 units because we've now shifted down into the density into the rest of it all so the density doesn't change if they don't use the property for residential putting the hutter bypass in and having a c17 on the corner of pole line and H Hanley is a recipe for disaster the shopping cent no commercial should be there on that corner just let the traffic flow through it get people out of there leave the S c17 where it is don't add any more and then you haven't discussed the fact of the schools we just had a change in Idaho a major change in what's going to happen with the schools when they passed the school choice act and said you can get 5,000 bucks I guarantee you public school education enrollments are going to drop the cordelane school district is not going to grow in any shape or fashion than they did in the past unless something changes to the educational process and so what happens if the city of calan decides well yeah we have that 20 acre piece you gave us but we don't need that 10 acre does the 2800 homes still hold

is it still you're going to add because 10 acres didn't get sold to the school district that's not right and how do you count the dwelling units because in c17 you have hotels and all these other things okay somebody doesn't live there full-time but somebody lives there almost every night ideally the hotels have 100% occupancy that's what they want they never get it and Senior Assisted Living are those counted as dwelling units what actually counts as a dwelling unit so we need hutter you need to communicate with postfalls so it's doesn't happen in the vacuum the only thing that's yet approved here tonight is the Wastewater because it makes sense and the two well sites nothing else should be changed I'm sure some your comments could be answered by the applicant when they have a chance to come back up I don't have anyone else on the signup sheet does anyone want to speak that hasn't signed up before I have the applicant come back up and perhaps address some of the comments that were just made okay I just wanted to asked the gentleman I make sure March 15th is the last day to weigh in is that correct that is what was was put on the website electr well that's great so anyone public can just jump on and provide their thoughts on the concerns project called ID project9 and you can add comments there and you can see the whole the whole hearing everything that took place at the I should know the name of that hotel C in in best West you see all the exhibits thank you Howard okay the applicant has some time to address some of the questions that came up if not let me

know um just a couple comments I was taking notes as everyone was speaking so again with traffic I just want to point out again every application submitted includes a traffic study and with these studies we'll be giving direction and we'll be given requirements on what we need to do to mitigate the traffic so exactly what those will be I don't know but this all takes part in the preliminary application approval process so before we begin construction so it's not like oh my gosh we're going to build the whole community and then later we'll follow up with whatever the mitigation efforts are we'll be given those requirements before our construction so I think that might just wanted to clarify that and then as far as the 2800 units go again like we talked about in the presentation the development agreement runs with the land regardless of who owns it so whether we sell a piece to one or what not collectively the development agreement has 2,800 units so I think there's just some concern about something that's not an issue and then I'd like to um provide a little more information on the ROM PR peel study so I have been involved in that I've been to the meetings up to this point and what the the state has done with their Consultants it's identified 13 Alternatives at this point that they are going to then um H down to recommendations about four to six we think is what will come out of that that's a meeting I think planned for later the spring or the summer um but currently all the three of the Alternatives um for hutter are all still in the list so that first alternative is expanding the lanes and adding turn Lanes to the existing hutter Road uh without an interchange so just adding capacity that way the second alternative is to make it a four lane highway or

arterial that has a new uh interchange on I90 but it's at grade and connects to all the existing intersections and then the the original hutter bypass alternative is still listed as an alternative which is a high-speed freeway bypass that would be depressed like 26 ft and would only have intersections at on the mile Corridor um main roads so those are all still at this point an alternative um we're assuming one of those will come out as the recommendation in in the coming months and then and you guys are keeping tabs on that as far as how it interacts with what you're doing yeah and and whatever the latest information that comes out of itd will be incorporated into our traffic studies as they're developed again it's not our project it's a state project so um we're following it as closly as we can but you know we're not running that I got a quick question um uh timeline on the propos I know that was brought up when this first came about and of course it's a long way down the road but you have any update on when things might be starting or how long it's going to take to get applications approved or where you are so perhaps the neighbors might know oh right something's coming at some point in time if you can help with that a little bit um sure so we actually started uh this fall that's what initiated this process is we came in for a pre-application meeting for a PUD uh in the area south of the school similar to the triangle you alluded to so it was that yellow triangle plus the the portion above it um and and that's where it was determined that the multifam had shifted on the site Within this r117 Zone that was not considered generally consistent so that's what we're here today to talk about having the flexibility to adjust um locations and uses within the existing zones so we can make

applications so uh that application is not complete or prepared I I suspect we would follow up with a preapplication fairly quickly after this process is done depending on the outcome of this process okay but give them a feel even if that's the case then we still go through the whole approval process and then we go through we go through design and design approval and then construction of the utilities and infrastructure for streets roads and then the Home Building would begin after that um potentially concurrently with that uh first PUD that was on the North side south of the school we we will be looking at um a subdivision application on the south side where we have a sewer Connection in the Appaloosa area and and come in with that too so that's um again not complete we haven't had any meetings with the city at this point we're starting to put together plans and uh the studies that we'll need for that application so I would say both are probably forthcoming this year okay so there might be something happening this year infrastructure roads moving dirt around that you know the earliest would be I would say mid late next year okay most likely 27 is probably spring 27 is probably realistic that's kind of contingent on the process and the timing of approv app I guess there's I mean we talk about traffic almost all the time when we have these but just to reiterate like right now the increase I think a lot of us have noticed I I live nearby um The increased level of traffic on Hanley and Atlas but that's going to be in your Baseline study I mean so it'll trigger more mitigation sooner than than before that road was came through right so I mean it's not it it might have even moved up that timeline from where it was when two years ago when you submitted this um it's it's coming it's just not so quick

of a process and there's lots of parties playing right on that but yeah previous to that connection we were looking at hypothetical study volumes now we'll actually do traffic counts on real volumes so it'll it'll be better information right okay incorporated into the studies thank you okay any other questions right no all right thank you thank you okay I'm going to close public testimony on this bring it to the commissions for uh discussion then possibly a motion so go ahead John some uh maybe discussion before a motion but my sense is that that uh uh with respect to the development uh agreement amendments related to the land use and the place type and the timing of this sewer infrastructure my sense is that those are reasonable and and necessary I go back to the original meeting when we saw that very detailed MH slide and it was never in my imagination that we would expect every single little teeny box to be exactly like that for a project that's phased over 30 years that was a concept Vision uh so I think we're we're very protected with the amended development agreement that nails down the adjacencies where the Civic uses are where the zoning is and then those pieces will come back here for public hearings as that piece the gentleman just described south of the school when it gets there and gets off the drawing board it's coming here for a public hearing so I'm supportive of that with respect to uh the zone change you know the the the water towers and no brainer uh the other one my own opinion is is that you know there's a commercial piece of this to the South

way down 20 years from now maybe I don't know when uh but I've lived in cordan place for 25 years now and gentleman back there talked it's one of the greatest neighborhoods in calan and it is ask any realtor uh buyers are lined up to buy homes in there but uh one of the the the things that you live in there you know that's lacking and that is some commercial opportunities uh they're they're almost non-existent so every time you want a quart of milk or cold beer uh you know you're you're a drive down some somewhere and you know the little bit of commercial we had in there you know we had a little spec of c17 south of the fire station on Atlas and it became condos and I cried you know I wanted a restaurant you know or something like that so I I I think this is going to add to to uh a better neighborhood Not Just for future corter but the people what do they call that Trails End or whatever that is to the north and and whatnot they're they're going to benefit from some of that too so I'm supportive of the zone change and uh and the development agreement change thanks John I have bronchitis so that's why I'm not talking much but um I remember why we approved this in the first place I didn't want Post Falls to have it I wanted to make sure that our city would be able to put our stamp on it and make sure that the adjacencies were not harmed to the best of our ability and I didn't want to lose control of a very large parcel that could be beneficial to our Workforce we lost all of our Workforce housing basically at Atlas

when I wasn't watching we lost all our retail when I wasn't watching I think we have better control over this one and we can see how it develops and yes 30 years is a long time cordelan place we always look at it because it took a long time to get there but I think everyone who lives there loves it and we are benefited there because we had five Lane roads in all directions we don't have that here so we are going to to see that happen I cannot imagine that Hanley will not become a four or five Lane wide traffic Crossways it's just going to happen and so is poine but right now that's what we've got and I think that it will grow before and during while this develops I I agree particularly with John on I'm getting old I'm my my mother my mother could go out her door and go to the fish store the meat store the bread store and get her dinner and get home by her on her feet not in a car you didn't want my 80-year-old grandmother mother driving so I want to see people be able to stay in their home go pick up something and walk to it or bicycle to it or walk the dog in their neighborhood and that's what retail should be in our communities and we don't have much of it left you can't live in your house and not have to get in your car to go get milk get in your car to get eggs so I really really appreciate they were showing some some piece of retail and I I agree that that corner probably is a good place for it half of that remember is a church site you're seeing a big red blob but in reality half of that is a church so um I I tend to agree with John I think we took control of this and I want to keep it in our control and we're proving that thanks thank you um I mean I don't want to reiterate what we've already said and asked lots of questions on but I um I agree with all of it except I would like

to add an amendment on the the development agreement to disallow short plats um because I do think it protects the public in bringing all of the platting back to through the public process and I think it can be planned ahead and I think it kind of keeps everybody accountable to what um the public clearly wants I mean we've had a number of comments on that I think that's a good point uh Sarah and I support that uh completely and I think the and the seems to as well I think it's a win they're not nodding their head that that would be acceptable Maybe question for staff would be you know as one of us work our way through the findings how do we do that is can is that just a a glom on condition thing yes that's how I see it unless Randy so would we just say something like um you know in the development agreement all platting will go through the Normal public hearing process would it be simple as that I think it's probably easier to say no short plat or just no short plats whichever way you want it I guess then and that would be under the um development agreement yes under the decision is where we normally have conditions yeah there's two I I put a note on there so just say no short plots are prohibited right would be easy okay and right now we're going to be looking at the findings or motion for the zone change first zone change first okay any other comments compliments to the staff for putting together this coordinated effort um I feel like there's a few opportunities to learn whether you're up here or in the crowd uh in terms of how the city works with big projects and small projects and where the public gets a chance to weigh in in this case hopefully the public understands they'll always have a chance to weigh in uh secondly uh Howard mentioned the opportunity to address some of the traffic challenges there's still a week 5 days left for people to go online and voice their opinion in a

way that might be able to move the needle so thank you okay thanks I would be happy to do uh findings in order for zone change 2-25 unless somebody else is dying to maybe somebody else would like I'll do the second one if maybe uh someone else would uh to to get get that Amendment done maybe you could hand second one so no wind bear with me this is a little bit tedious uh so this is findings in order for zc 2-25 uh this is a matter that's come before Planning and Zoning tonight on March 11th 2025 to consider considered zc 2-25 a request for three zone changes from R17 to c17 R3 to c7l and c7l to R3 applicant uh Cy County Land Company LLC uh and the location is the property north of Interstate 90 and Woodside Avenue South of West Hanley Avenue East of hutter Road and West of Atlas Road commonly known as core Terror so the motion would uh make findings of facts that the Planning Commission finds that the following facts that are in this worksheet that I have known as A1 through A14 have been established on a more probable than not basis as shown on the record before it and on the testimony presented at the public hearing uh as for A1 through A8 those are finding of fact that are background facts pertaining to noticing and zoning and the nature of the site Etc uh we would adopt a finding a fact A9 that talks to the comp plan land use maps that uh defines this as Urban and compact neighborhood uh A10 fact talks to the

description of place T types and uh a11 we would adopt that fact that talks to the uh goals that were presented by Sean all of those I believe are in our work sheet sheet I would propose we adopt those and we add one more that would be uh the education and learning El 4.1 that's talks about collaborating with School District 271 on future locations for schools and that's very much a part of this uh project so I'd say we roll that one in there a12 talks about uh you know the utilities and the uh streets and Engineering have all had a chance to uh uh ensure they're uh satisfied with the uh project and the a13 uh talks about you know the physical characteristics being as we saw from Sean's presentation a flat site with no significant constraints and uh we adopt a 14 uh that you know the city engineer uh has no uh as indicated there would be some increases in traffic those will be addressed in future uh applications uh brought forward so with that as conclusions of law based on the forgoing findings of facts A1 through A14 that the Planning and Zoning commission would make the finding the following rather conclusions of law that this proposal is in conformance with the comp plan policies B2 the public facilities and utilities are available and adequate for the proposed use B3 that the physical characterist correct characteristics of the site make it suitable for the request and be before conclusion that

the proposal would not adversely affect the surrounding neighborhood character uh Andor with regard to traffic neighborhood character or existing land uses so with that as a decision the planning and z zoning commission pursuant to the uh foregoing findings of fact and conclusions of law has determined that the requested zone change does comply with the required evaluation criteria and we would recommend to the city council uh to adopt that they do adopt the zone changes for the three areas within the core Terror development as described that's the motion I'll second I have first by commissioner Eng Les I have a second by commissioner Fleming any further discussion okay we can have a roll call Copus I Engles I massina I mcracken I I okay sorry about that okay motion passes oh wow that was not I'm G to try it's almost time to go okay okay um can you hear me is that good I'm not going to get any closer okay um this matter coming before the Planning Commission on March 11th 2025 to consider the amendments to the core tear development for Place type and flexibility and to adjust sewer infrastructure timing um applicant cotney County l and LLC represented by Connie Krueger location property north of Interstate 90 and Woodside Avenue South of West Hanley Avenue East of hutter and west of Atlas Road known as

corter findings of fact the Planning Commission finds the following facts A1 through A10 to have been established on a more probable than not basis and shown before it on the testimony and presented at the public hearing um and those all similarly um go through the same things we've had before um so I won't repeat them but I will say that under fact A6 the applicant seeks the amended development agreement to address the following items um land use determination to allow administrative approval of land uses consistent with the zoning districts and place types and comprehensive plan providing flexibility for product type and allowed uses in cair the sewer infrastructure timing to align required Wastewater improvements with the actual demand for this is determined by the city's Wastewater Department rather than adhering to a fixed schedule and then to add a third item um short plat prohibited uh let's see the conclusions of law this right this one feels like I'm missing a step but yeah I I think that condition will go at the end not in will that one go at the end even though that's not a finding A6 you could could word it differently you could say a finding a fact that uh short plats are um I I don't know not well these are the amendments to the development agreement area I guess we can go through the okay well I'll I'll take that one out and then um at the end before you make the final conclusion of law perhaps just add okay so I I'll do those I'll leave those as original A1 through A10 and then I would add an a 11 okay that would add um an additional bullet to A6 um that would prohibit short

plats based on the forgoing findings of act the Planning Commission makes the following conclusions of law the proposed amendments are in sub are are not a substantial change excuse me that should be R so those are so if you look at the development agreement ordinance the community planning director makes a determination if if it is or is not a significant one if it wasn't substantial it wouldn't come to you or Council so those ones have to be kind of in the affirmative yes oh even though they're not like a finding effect okay um the proposed amendments are a substantial change to the approved land uses development standards and or approved site plan associated with the project the circumstances have have substantially changed so that the amendment of the terms of the development reement agreement are needed um to further the goals and purposes of the city and the public interest this proposal is in conformance with the development agreement ordinance and requires for and requirements for an amendment the Planning and Zoning commission pursuant to foregoing findings of facts and conclusions of law have determined that the request for amendments to the development agreement does comply with the re required criteria and recommends to the city council that they adopt the amendments to the development agreement providing greater flexibility for allowed use types in the project adjust the sewer infrastructure timing and prohibit short plots does that sound good we go with that Randy adding yes we have we have that decision Point got it okay I'll second okay I have a first by McCracken I have a second by good for tonight Fleming if we have any further discussion if not we can have roll call oh me yeah I said Engles oh Engles I he's dropping his keys sorry I dropped

my keys he's trying to get out of here no okay Copus I massina yes Fleming yes McCracken yes motion passes best of luck uh no further discussion I call for a motion to adjourn I have first by Copus to adjourn I need a second I have a second by Fleming All In favor by all not in favor we are a journ I'm going to cough my way out the door thank you I I [Music] couldn't [Music] w e