Planning & Zoning Commission - Regular Meeting

Heat. Heat. April 6th, 2026 meeting of the planning and zoning commission to order. Will the uh clerk please call the role or staff please call the role?

Commissioner Gaska here. Commissioner Jones here, Commissioner Olsen here, Commissioner Rubble here, and Chair Wildermouth here. We have a quum. All right. Um, and can I get approval of the March 2nd, 2026 minutes? Move to approve. Second. Staff, please call the RO. Commissioner Olsen, yes. Commissioner Jones, yes. Commissioner Gaza, yes. Commissioner Rubal, yes. And Chair Wildermouth, yes. The minutes are approved. 520.

All right. Now, at this time, I will take a few minutes for the chair's opening statement just to kind of give a run through of how things will uh proceed this evening. Um, so welcome everyone to the April 6, 2026 meeting of the Elgen Planning and Zoning Commission. Tonight, we're going to be hearing petitions 46-25, 47-25, and 48-25, as well as 06-26. Um and the way um tonight's meeting is going to run um as a reminder the planning and zoning commission is an advisory and recommending body to city council. The job of this commission is to review development proposals and determine whether a proposal meets the applicable standard of review. So uh for each petition we will first hear from city staff followed by questions the commission has for staff and then we will invite the applicant to provide a brief overview of their proposal and the commission will then answer uh we'll ask questions of the applicant and then after that portion we will open up the hearing to the public for questions and comments. um for those of you wishing to participate in public comment, please forward or please come forward, state your name and address um for the clerk and then public comment should be addressed to the commission. Um and then uh we will be keeping notes of those items raised during public comment and then um after those we will um raise those to um city staff or the applicant and they will have the opportunity to address those questions. Um the commission will then uh deliberate, vote, and pass its recommendation on to city council. Um so at this time, we'll move ahead with the agenda, and those of you wishing to speak tonight uh should now stand and take the oath from the clerk. Please raise your hands, please. Do you sound so swear or affirm? The testimony you're about to give will be the truth,

the whole truth, nothing but the truth. Thank you. All right. Now look to city staff for the first petition. Thanks.

Thank you, Chair Wildermouth. And good evening, everyone. Okay, as usual, uh well, let's start with the uh the request for the application. Just for the uh for the record, we do have a proof of proper notice that was provided for this application. And this is the application by Quick Trip Corporation as applicant and Wav Vista Apartments LP as property owner. We're requesting approval of a preliminary and final plat of subdivision plan development as a map amendment with departures from the LG municipal code and conditional use to subdivide the existing approximately 11.7 acre property into three lots with the construction of a new motor vehicle service station with the convenience store operated on a 24-hour basis with accessory package liquor sales. on the proposed lot one of the subdivision all at the property commonly known as 505 South Mlan Boulevard. As usual, we'll start with the general overview and of the site location. The subject property outlined here in yellow is approximately 11.7 acres in size. Uh it is at the southeast corner of South Mlan Boulevard and Fleetwood Drive. Uh the property is actually part of a larger parcel about 27 acres in size um that includes Buenav Vista Apartments and Town Homes. Uh that all of that area that's in yellow is part of that Buenav Vista Apartments and Town Homes Residential Complex. That the entire property is on PRC, Planned Residence Conservation District. And this subject property, subject 11 acres, is undeveloped and vacant. As you can see to the north, uh, two properties with sort of a red shade over them.

Those are zone NB neighborhood business and include Wendy's Fast Food Restaurant and Jify Lube Automotive Service. Uh, to the south is the city's fire station number four uh, and the Highlands Golf Course. Beyond that, all zone CF, Community Facility District. Uh and then to the west are uh there's a Marathon gas station the southwest corner of Fleet and South MLAN. That's zone NB neighborhood business. And then the property that's under construction is the manufacturing and technology center of the Elgen Community College. All of that is zoned PCF, planned community facility. Here's a bird's eye view again of the subject property. Now looking west, um it's worth mentioning that another gas station is located at the northwest corner, which is the Shell C or Circle K gas station with the convenience store. And I also mentioned that the Fleetwood Drive uh is a private drive. So it's not a public street, but it's a it's a private drive that was constructed to serve the Buenov Vista residential complex. So, the applicant is requesting approval to construct a new quickrip gas station um generally at the southeast corner of the subject property. This would be the lot one. Their zoning request includes three parts. The first one is the request for the approval of the subdivision to divide the property into three lots. The lot one that would be about 3.4 4 acres in size would be at the immediate corner and that would be reserved for the Quick Trip gas station. The lot two would be immediately south of that. That would be a 2.6 acre lot that would be left uh vacant and ready for future development. And then the the back portion of the property would be the 5.6 acre outlot that would be left

uh undeveloped. that property is encumbered by a delineated wetland and therefore will be left open space. The second part of the request is the uh request for the plan development zoning classification of the entire property. On the left, what you see is the future land use plan for the area. This is from the comprehensive plan and it sort of indicates what the uh comp comprehensive plan contemplated this property to be zoned and used for. the the dark red is the uh sort of neighborhood commercial classification similar to what's to the north and to the to the west of of the site. And then the back portion of the property, it was anticipated that would be developed with some additional residential uses. Unfortunately, like I said, the property in the back includes a wetland. So, um that's unlikely to to to happen. But on the on the right side of the screen, you see the proposed zoning for the project for the subdivision. The lots one and two would be classified in the PNB planned neighborhood business district. That's a the same uh zoning classification generally as the Jify Lube and Wendy's to the north. And then the back portion, the outlaw A would be uh reserved for the PCF plan community facility district that will be left as undeveloped and it will serve as a buffer to the residential comp complex to the east. And then finally, the third part of the zoning request is the conditional use approval for the convenience food store that would be operated on a 24-hour basis for the motor vehicle service station, the gas station itself. And then for the sale of accessory package liquor products, um accessory means that no more than 10% of the building floor area can be uh uh devoted to display of alcohol products. Um, as you can see, the areas uh in yellow that are circled in red are portions of the floor plan where alcohol products would be uh

displayed. That's only about 1% of the entire floor area, approximately 78 square ft. So, the convenience store building would be 6,445 square ft. Um, it's a well-designed building that includes all exterior masonry on all sides. Um the same masonry would be would be used to clad the columns for the canopy the the full height of the of those canopy columns. The applicant has also agreed to install storefront windows on the front and then on the side ele side elevations of the building and the proposed signage of the building would comply with the zoning ordinance. Uh back to the site plan uh just to kind of give a brief overview. So the the quick trip building, the convenience store building is generally in the center of lot one. Uh the canopy is proposed in front of it along um along MLAN Boulevard. Includes eight uh pump islands dualsided. So there's 16 fueling stations. There would be no separate fueling stations for uh for trucks. The proposal includes 50 parking spaces that exceeds the requirement by the zoning ordinance. The the development would be required 26 parking spaces. That's one per 250 square ft of floor area. Uh it will also include two parking spaces that would be uh designed to accommodate uh EV chargers in the future. The access to the site would be uh there were two access driveways. There would be a right in right out on South Mlan Boulevard that would be shared between uh lot one and then the future lot two development and then a full access driveway to Fleetwood Drive. Uh the applicant has agreed to move the right in right out as far away from the intersection as possible and then also to uh line up the access driveway in

Fleetwood with the access driveway across the street that serves uh Jify Lube and Wendy's. Uh it's worth mentioning that this access driveway to Fleetwood is designed so that it can be extended south and provide a connection to Sportsway. uh that extension and connection would is anticipated to happen with the development on lot two that further enhance the um uh connectivity of the site. The applicant has submitted a traffic study for the project. Uh the study uh done by a third party has evaluated the the anticipated or projected trips and traffic to be generated by the quick trip gas station as well as by a potential development on lot two. that potential development uh was analyzed to be a sort of a fast food restaurant with a drive-through service. That's sort of a most likely use on that site. Uh the study concludes that the adjacent roadways can accommodate additional traffic. Uh the study does indicate that most of the trips to these two establishments um the gas station and whatever uh commercial development goes on on lot two most of the trips are anticipated to be diverted from existing traffic that is already within the vicinity. So about 50 to 60% of the trips to be generated by these two developments would come from the existing traffic um on the adjacent roadways. The study still suggests that the traffic signal along or on Fleetwood and MLAN be adjusted to allocate more green time for the the green left arrow for westbound traffic on Fleetwood to make sure that any vehicles queued at the light can um can you know make make the light and and the intersection is then clear. The applicant has reviewed that and they've agreed to complete those adjustments that will be done at the

time of uh construction of the gas station. It's worth noting that the traffic study does not uh did not include uh an analysis of the the distribution of traffic once this connection to Sportsway uh is completed. So, uh, once that connection is done, that would further improve the intersection at Fleetwood and and Sportsway as most of the traffic going southbound would probably use Sports Way to go south. Um, landscaping the so the entire property has about 470 trees, although they the tree survey submitted by the applicant indicates that most of those trees are in low are low quality trees. Um the applicant is proposing to install 82 trees on the on lot one for quick trip development. 31 of those trees would count towards uh required replacement trees. The final number of any uh replacement trees would be determined once the final engineering for the project is done. Uh and the applicant has agreed if any additional replacement trees are required, they would pay a fee in L probably uh for any additional inches and trees simply because there's not enough space on lot one to accommodate additional trees. But the project will comply with all landscaping and tree preservation requirements. The proposal requires three departures from the zoning ordinance. The first one is in regards to the vehicle use area interior landscape yard. Again, that's the landscaping within the parking lot. So, so parking lot islands, for example, about 5% of that is required. Uh they're proposing 2% overall. Um again, there's very limited space they can do that. Uh there's four islands here around the building, but beyond that, there they have substantial amount of evergreens, excuse me, landscaping, uh as well as additional trees along the back drive

that will really serve as a as a private street. The second departure is uh from the stormwater ordinance. Uh the stormwater ordinance requires that when you do a subdivision, a uh a shared detention facility is provided for that would serve all lots within the subdivision. Uh then that sits on a separate lot. In this case, they do not have any opportunity to do so. As I mentioned, the back portion of the property, the outlot is encumbered by a wetland. So, the applicant's proposal is to have um an underground detention that would serve one for each of the of the two lots. So, Quick Trip would build its own underground detention likely here in the in the back of the building. And then an underground detention uh would be constructed as part of the development of lot two. And then finally, the third departure is the uh departure from the requirement that every lot in a subdivision fronts on a public rightway. Uh the proposal will result in this outlot not having frontage on a public right ofway. It will have a substantial frontage along sports way. Uh but that is a it's not a right of way even though it's owned by the city. It's part of the sports complex and the the Highlands Golf Course. Um that is it. So the the proposal is required to meet the standards for map amendments, standards for plan developments and standards for conditional use. We have provided the overview of the standards in the packet and staff believes that all applicable standards are satisfied and with that staff recommends approval subject to the conditions in the packet. Um and I believe most of the conditions if not all of them are fairly standard. Um, one condition clarifies that the applicant will have to comply with the tree preservation ordinance and pay a fee in lie for any additional um required replacement inches. And then one other condition that allows uh the

applicant three years to establish and open up the facility. Um, and that's about it. With that, I'm happy to answer any questions and the applicant's team is here that can address the commission. Sounds good. Thanks to um I'll start on my left with Commissioner Rubel. Any questions for staff? Yes, I do have a couple questions. Um, okay. You were talking about uh paying a fee. Is there any way to like maybe um work on that? Like as far as if there's no room for trees, what about other forms of

Well, so so what there so there's two options typically to meet the requirement for tree replacement. Uh one is to plant new trees and the second one is to pay a fee in lie. So once final engineering is done and they they kind of know how much of that back area will be regraded and to accommodate the wetland, uh they will know if there's some some room to add additional trees in the back there. And if there is additional room, they will probably choose to plant more trees. Um if that's not a viable option, then they'll just pay a fee in lie of that. So those are the two options. Okay. And then um as far as the uh 5% the 2% instead of the 5% required, what about like uh container planters? Is there room for that? Would that count?

Um it would typically it would not. I think what what you're referring to is something that could be done on the like sort of foundation plantings near the building. Um we can work with them. Typically, these these sites are such that they have a paved surface right up against the building to provide access on all sides of the building. So, there's little room to to do that when there's an outdoor seating area and one of their initial designs did include that. At the end of the day, they they chose not to have one. Um, so there's probably not a lot of room for that.

Okay. Um and then one other um the engineering comments are did were those in the packet or or

um I don't believe so. The uh we have a third party that does our engineering storm water review and then the traffic review. Uh those comments are provided to the applicant as part of the review process. U we've been reviewing this project probably for several months. We provide the uh comments to the applicant at least on two or three occasions. So every time they submit and we provide comments, more and more of those engineering comments have been addressed. They're currently, and they can speak to this, they're currently doing some studies of that wetland area in the back that will the results of that study will lead to final engineering that will ultimately address uh you know, whatever comments staff has and all engineering comments will have to be addressed before the city council would would do final approval of the subdivision.

Okay, that's what I was wondering. Thank you. You're welcome, Commissioner Jones. No questions. Thank you, Commissioner Olsen. Okay. Um, so they're removing approximately 470 trees from all three lots, correct? In the worst case scenario. In the worst case scenario. Correct. So then they're replacing 81 on lot one. In future development for lot two, would they have a tree requirement at that point if it's already been kind of handled with lot one?

Because they're not showing us a proposal for lot two, we can only work with what they're proposing. So as part of their normal requirements for lot one um they're proposing 82 but I think what did I say 30 some 31 trees are over the the requirement that's so we have normal requirements that are you know street trees trees and islands on the perimeter of the parking lot and so forth. So any trees beyond that will then count towards this uh replacement because we don't know what's on lot two. whenever lot two comes development comes in there they'll have their own landscaping requirements will be the perimeter around the parking lot around the building and and along the streets and all those things.

Okay. Yeah. I just wanted to make sure that we're not losing all these trees and not making it up for our our next round of development. So, um I think that's all I have for staff. Thank you. You're welcome. Commissioner Gasco, no questions. Um I have one question. Uh are the are the Shell and the mobile gas stations across the street are they right in right out? Do you recall? Uh they have multiple access points. So the Marathon has a full access. Yeah, that has a full access on I think on both Fleetwood and on MLAN.

Um and I believe the same is the case for Circle K. the the the access on MLAN that is north of the intersection for Circle K I believe is a there may be a right in and right out and I can certainly provide that answer once I pull it up on Google.

Yeah, I I guess my thinking is if if this is a right in right out if we've got the two stations across the street that are then turning left. I'm just trying to think of all the cars that are turning in and out and whether that causes a problem that was I know a lot of adjustments were made based on the traffic study um that was done and appreciate those adjustments. Just wanted to make sure that we would take into account the ins and outs of those two stations across the street as well. Yes, absolutely. So that this is why they're the the access to u to Fleetwood is aligned with the one across the street. That's what you normally do and the one on on MLAN they've agreed to move it as far south as possible and it's only a right in right out. so that no cars will be making a a southbound left turning movement. So,

okay. All right. Um, we'll now invite the applicant to come forward uh to provide their comments and thank you for providing the list of consultants. Appreciate it.

You're very welcome. Good evening, Mr. Chairman, commissioners. For the record, I'm Richard Heimberg, attorney for Quicktrip Corporation. Um, I've given you a list of the consultants that are here tonight to answer any questions you might have. Uh, basically I could easily say that, uh, Quick Trip has been working with city staff for quite a long period of time and they're 100% in agreement with the city staff's uh, report and what they've heard tonight. So, it's just a matter now of uh answering any questions you might have of any of the consultants that are here. Ali Buchas is uh the overall project manager for Quick Drip. Emily Jenkins is from uh Farnsworth Group. She's a civil storm water engineer. And Andrew Bowen is from KLOA, the traffic consultant. So, with that, I turn it back to you.

All right. Thank you. Um, I'll start on my right with Commissioner Gaska. Any questions for the applicant? No questions.

Commissioner Olsen, I have a question on the traffic study if whoever wants to come up for that. Thank you. Um, so I noticed that the traffic study was completed. Um, it marked as a Thursday in June and a Wednesday in February. My only concern is that um on weekends, especially when we have a lot of activities going on at the next neighboring uh sports complex, while they are getting a new access driveway to Route 31, um that left turn lane, that whole area backs up pretty much in every direction during those. And so that's my only concern is, you know, while obviously the gas station, a lot of people are already on their trips going to the gas station, you know, they're they're they're not making, you know, a point of going there. They they just stop. But um if there's any cause for concern with that on those those weekend sports,

uh we didn't find that to be uh too much of a concern. Uh in this area or for this particular development, the the bigger concern was the north intersection with Fleetwood. Uh and the traffic there is more driven by the industrial development to the west as well as ECC. And those two uh generate considerably more traffic during the week. And so that's why we chose to study the weekdays.

Okay. And then um I drive past this probably 100 times a day it feels like. Um so very familiar with it. Um I already notice a lot of problems with people driving across double yellow lines and the medians making turns we're not not supposed to make. Is there any opportunity to put some kind of barrier or anything median um in that center lane to prevent people from making a left across traffic when it's a right in right out only on McLean Boulevard? Uh well it it's not a median but I will say that the red out will have uh channelization so it will have its own uh median so that vehicles are kind of directed to make a right. You'd have to make a very you know it' be a very difficult left turn maneuver to like get over that or you'd have to mount the curb. So it will be channelized to control traffic.

Okay. Thank you. No other questions. Yep. Commissioner Jones. No questions. Thank you. Commissioner Bubal just have one question. Um just general. Do you have any idea what lot when or what lot two will be developed as? Just curious.

Uh, excuse me. Ali Buchess, real estate project manager for Quit Trip. Um, for lot two, we do not have a uh we we don't have really a suggested who's going to be next to us as of right now. Um, we're not al we haven't really um advertised a lot either. Currently, we're not the property owners. So, uh, we usually typically advertise a lot for sale or who for devel future development once we close on the property. All right. Yeah, I was just asking because of the um the extension of the the roadway. That's that was my concern, but um yeah, that's fine. Thank you. Thank you.

All right. Um, with that we will uh now open up the public hearing portion. Um, and I will start um with the sign-in sheet. So we've got um Diane Hargrave Jones um up first. So please come forward. Take your time. Hey, good evening. And if you could please state your name and address for the clerk, please.

Diane Hargrave Jones and I live at on Fleetwood in the senior building. Um, I first like to address the traffic problem. Um the fire truck and the police will both tell you they have trouble getting through. They have a lot of trouble getting through. When we come up to the intersection when I go to the grocery store, um there are people out in the middle of the street. It's about rush hour, maybe 5, 6, I don't know. But they're just sitting in the middle of the street and um people are honking. The lights green. I can't go. Um I'm not exaggerating. It's a mess. And I feel sorry for the fire trucks and the police because they just have um all the time they have to honk and honk and honk and honk and anyway um that's the first thing. I'll try not to drag it on. Um so my first question was where the entrances are going to be located. Um, I want you to know that on our drive, on our Fleetwood Drive, that there are people um, first off, there's not adequate sidewalks on the left side. And um, secondly, there's people that drive like maniacs. Uh, thirdly, there's a lot of kids playing there. And um, I don't know what's going to happen, but a lot of people have there have been people children that died that got hit. Um, and um, I don't know what's going to happen there, but I can just say it's a nightmare. It's it's it's not their fault yet. Um, but it's our manage our our that area. They could put a

little bit of effort into making it safer. People drive like maniacs and so that's going to be a problem, too. Um, there are two gas stations already. This is a third gas station. I have breathing problems. A lot of people in um the senior building couldn't get here because they just can't. And um they have breathing problems. Um you really shouldn't have to have a breathing problem though to to um want clean air. It should be a right. But we do. And um so um and and we have now we have global warming. We have a lot of storms. We never know what's going to take place. So um gas stations are kind of dangerous in um storms and we already have two of them. Two gas stations. We don't we don't need three gas stations here, here, and here. We don't need three gas stations. It's just going to be a mess. It's going to be a nightmare. Um, now, thank you to um, our president, we have less money to pay for air conditioning bills. I decided three years ago not to even use it and to try and get through it. It's not easy, but I do it. But I need to keep my windows open. I don't want to breathe um, oil. I don't want to breathe gas fumes when they when they um, load up the tanks. I I don't want to breathe that. I don't want to I don't want to breathe the car exhaust. it turns into NOx2 particullet. I don't want that. Um I have a right to breathe clean air and so does everybody else. And that's just too many gas stations. Anyway, um there's no lights on at night during the drive. They said they were going to be open 24/7. There's no lights on in the drive. I don't know if they're going to

pay for that, but there's no lights on dur in the drive at night. But a lot of people do go out at night and they do go to the gas station. um no one's gotten hit or anything, but it's kind of dangerous. Um that the w the nature center in the back has been there a long time. Um there's a lot of animals living back there and um it's a f we used to have the Army Corps of Engineers where if there was a stream or water running through it um it would matter. um it wasn't legal to to do these kind of things. But then when they went back and made the sports complex, they took the stream that was running there um and I guess they just did it anyway and now it's a sports complex, but in a golf course, but um so I imagine that's what's going to happen the rest of the with the fet. And I hate to see that. I really really do. Um we don't have a lot of wildlife around Um, I'm trying to go as fast as I can. Well, we used to have a Clean Air Act, too. So, I don't imagine that anything that I say is going to matter because they got rid of it. And um I just want to tell you that the biggest thing is the traffic. The fire department not being able to get through the traffic, the police not being able to get through the traffic. There's also one other element. There's a lot of crime at Buenav Vista, not at our building. We have crime, but not that much. And they're forever

running there. Um so, um I guess that's about it. Um, except that I'd like the right to breathe clean air and gasoline is not clean and there's three. This is the third gas station. Really? Bing bang boom. Really? I I can't believe that. Thank you.

Thank you. Um, is there any other uh members of the public wishing to comment? Okay, seeing none, we'll close the public hearing portion. Um, and uh I'll give the opportunity for the applicant or staff to address any or give any final thoughts, address any comments if they want to. If not, Uh just uh note on traffic real quick. Uh we have proposed some changes to that signal at Fleetwood which should give more time to the east leg of Fleetwood which would allow people from you know any anyone coming from the east leg of Fleetwood to turn onto Mlane easier.

And I just wanted to hit on a couple notes. um specifically um the the nature preserve back there, the wetland area. Now, as Demir mentioned, that will stay undeveloped. Uh we do not plan on developing that now or in the future. Um it will stay as is. Um and then regarding um the the clean air, you know, gasoline is probably the one of the most heavily regulated fueling systems in the United States. Um, every car has to have a vapor system. Um, our gas pumps have vapor systems where so VOCC's don't leak in the air. Um, and we believe that the air quality will not change compared to what it is today currently on the roadway. Um, I had I had a project that I've done actually a environmental study on. It was actually a truck stop with um 18 wheelers coming into our site. Um and the way that we design our sites, the way we have our fueling systems um designed in our fuel trucks come in, there's actually two lines. One is for the vapor, one is to drop the the fuel in the tanks underground. Um, we actually rated below the California standards of um, uh, chemicals in the air. Um, it's actually the United States EPA has a higher tolerance than the California standards and we even rate it below that. So, we do do our due diligence. Uh, we do go above and beyond in our uh, equipment to make sure that everybody's safe, not only our neighbors, but also our employees. Um, and that's all I have. Thank you.

Thank you. Um, now I'll look to staff for any final comments. Nothing further to add. I mean, staff does we still believe that the applicable standards are satisfied and staff recommends approval subject to the conditions in the packet. All right. I will look to commission for a motion. Commissioner Jones. I'll recognize Commissioner Jones. I I just a couple two questions just really quick and I'm sorry Demir, you know how I love sidewalks. They will be incorporating sidewalks for this plan. Correct. Absolutely. Okay. I'm sorry I missed that.

That's okay. There's a sidewalk on the north side of Fleetwood currently and they will be installing the sidewalk on the south side of Fleetwood, the entire frontage of the property and then as well as South Main. Awesome. Thank you. You're welcome. And then um I there wasn't comments from police and fire obviously that circulates back before it proceeds with any of the rest going through. Correct. With safety concerns after during council and those kind of things as it's brought up. Correct. Can you elaborate on that? I'm sorry.

Um the the resident is was indicating that there is issues already with police and fire access getting in and out of there. That'll all be addressed in permitting and processing and review with police and fire when that time comes. Correct. Well, the both police and fire departments have already reviewed this project and they have no concerns with the proposed access points. Okay. Thank you. You're welcome. Sure.

Sorry, I forgot to ask this question earlier of the developer. Um, I was looking at my notes. Um, I had something about the 50 parking spaces. So you're required about half that. So what is the purpose for 50 parking spaces at a quick stop?

Yeah, absolutely. So we designed our our um our sites based off 67 years of experience in the business. Um nothing's by accident. Whether that's parking spaces or dimensions, we believe that you give the customer adequate space to park, plenty of space to park. It's easier maneuvers in and out of our sight. It keeps pedestrians safe and our uh vehicle customers safe as well. Okay. So you're So based on past experience, you're you feel that those you need 50 spaces?

Yeah. And we have 50 spaces in majority of our sites. If not, it's right around 45 48. Okay. Um that's mostly depending on size of the property. Okay. Right. Thank you. Okay, staff. Any final thoughts? Nothing else.

Okay. Um, I will look for a motion from the commission. Uh, I move to approve petition 46-2547-2548-25 subject to the terms and conditions outlined within the staff report and adopt as the findings of the commission the documents and conditions provided with such staff report. Is there a second? I second. And staff, please call the role. Commissioner Jones, yes. Commissioner Aaska, yes. Commissioner Olsen, no. Commissioner Rubel,

yes. And Chairman Wildermouth, yes. The motion is approved 4 to one. And with this, I just want to make a note that when there is a a a vote that is against the standards, typically we would want some elaboration of which one of the standards is not met for that. So if you have just anything

Yeah, sure. Um just I live just on the other side of rep 20, so I and I work just down the other side of McLean Boulevard. So I I do come through here every day. Um I think the resident's comments about safety. Um obviously the traffic study your your proposal is you know fitting um what is necessary for that site but I there are a lot of pedestrians that wander through there and I don't know if traffic light timing is really going to help with that. Um traffic is bad getting through there. Fire department is always blocked in I notice. Um but I think the biggest thing for me was just losing possibly 400 trees in that area. Um, the only other area along McLean Boulevard that we really have that many trees um is currently being redeveloped and that was the old mobile home park. So, I hate to lose 400 trees on McClean Boulevard. It's really the only space left in this area with with trees. Um, and so that's my my reasoning. Thank you.

Thank you. Thanks. All right. Uh, thank you um applicant. You can continue working with city staff and thanks everyone for your time. Thank you for your time.

Right. We will now move on to the next petition. Okay. Thank you, chairman. Uh, this is petition 0626. The application comes before you from Scots Customs LLC and the Petro Pet Pro Petros Cornelius Property Group State LLC to amend the text of the zoning ordinance to allow the restoration of classic and or antique vehicles within the Ark Arterial Road Corridor Overlay District under certain conditions. The owner of Reliance Tool and Manufacturing Company, formerly of 617 North State, restored classic cars at the back of his of this tool and die shop for many years, initially as a hobby. And that hobby evolved into the business that became known as RTM Restorations, but the owner never applied for an occupancy permit or business license. The owner of Reliance Tool then sold the property in the building to Pro in December of 2020 2025. And he also now wishes to sell the business RTM Restorations to one of his employees, Scott Beaver of Scots Customs LLC. And the hope and the intent of this amendment is to allow the restoration shop to remain at 617 North State. Scott's Customs cannot receive an occupancy permit and business license because 617 North State is it within the ark. The underlying zoning is CI, commercial industry, which does allow motor vehicle repair shops, but motor vehicle repair shops are not allowed within the ark unless the property is 4 acres or larger located along Chicago Street between Willard and Shales. This amendment would provide further circumstances where a motor vehicle repair shop could be located along the Arterial Road overlay district in so

long as the vehicle repair shop was used exclusively for the restoration of classic and/or antique vehicles defined as those that are more than 25 years old, which is the state of Illinois's definition of an antique vehicle. The vehicles undergoing restoration or any vehicles for sale would be kept inside the building at all times. Repair work would only be allowed inside the building and all garage doors would remain generally closed and outdoor storage of inoperable wreck damage or partially disassembled vehicles and any associated parts or equipment or machinery would be prohibited. The zoning ordinance does not distinguish between the general motor vehicle repair shops and those that cater exclusively to classic andor antique vehicles. Shops focused exclusively on the restoration of classic and/or antique vehicles tend to operate differently from shops that service vehicles regardless of the age or the scope of the repair and as such will not negatively impact the city's commercial corridors. Restoration shops tend to service fewer vehicles at one time because restoration work is typically more comprehensive, generally takes more time, includes more specialized parts, and is thus more costly. Such shops tend not to try to keep every type of part for every type of vehicle on site in an effort to otherwise decrease speed along the repairs. And also because classic and/or antique vehicles tend to be more expensive in and of themselves, operators will not leave them outside waiting for service. Staff recommends approval of the amendment and offers for your consideration that the amendment advances certain purposes and intents of the zoning ordinance and goals and objectives of the comprehensive plan as provided in your packet. I'd be happy to answer any questions you might have. I will point out also that the prospective propert uh prospective business owner and the property owner are both here in attendance should you have any questions about the specificity of their operations.

Right. I will start on my right with Commissioner Gaska. No questions. Uh Commissioner Olsen, no questions. Commissioner Jones. Um, so this is the second How long has this B business been operating?

Well, maybe we could have Mr. Beaver come up and and give us a better time frame. Again, it started as a hobby by the owner of the tools manufacturer and sort of evolved into RTM. So, exactly when that may or may not be, I'll m Mr. Beaver may be best to give us that time frame. Um, I started with Reliance Tool doing this work about 16 years ago and we were private. We only did the owner's vehicles for about the first 10 years

and then when business conditions deteriorated due to some contract and other issues. In order to keep my employment, I was told to take in outside work. We had been getting pestered for years. Would you do mind? Would you do mine? We'd always said no. So, five, six years ago, we decided to start doing outside work. Thank you. Any other questions? Any other questions for staff? Commissioner. Um, no, not at this time. Thank you, Commissioner Rubel. So, the cars that are going to be there to work on, they will be indoors.

Yes, ma'am. Okay. And then when they're finished, stay inside until the owner picks them up. Okay. Thank you.

Um, so I think as I'm reading this, um, just I guess one clarifying question. So this is exclusively for the rebuilding. So I'm just thinking of an instance where you've got a shop that does restoration of both classic antique cars and maybe cars that are younger than 25 years old. They would still be they would they would not be they would not. And then there's this might be a question for the applicant too, but there is basically and what I'm gathering is there not there's an understanding between those shops that do restoration of classic cars and those that do not of the kind of amount the the time and the cost that it takes. So we're not like impeding upon um I guess we're not overstepping on anyone's scope of work, should I say.

Right. Well, that's that's certainly the intent is that is that when we looked at the way in which the two types of auto repair shops operate, you can see an inherent difference between the two. And so, you know, we had the conversation with Mr. Beaver and it's understanding that that that their their purpose, their business is classic and antique vehicles. All right. Thank you. Um well, you can stay up here. We'll now open up the uh um questions for the applicant. Uh I will start with Commissioner Rubal. No questions. Commissioner Jones, no questions. Thank you. Commissioner Olsen,

no questions. I think it's a great distinction for uh for what already exists. So, thank you for bringing it. Commissioner Gaska, no questions. I don't have any questions. Thank you. All right. I will now open up uh the portion to public hearing. Uh, is there any members of the public that wish to comment? Wait for staff to take a look at the sign-in sheet. There's no one on the signin sheet. So, with that, I will now close the public hearing portion and look to staff for any final comments.

No, sir. Thank you for your time. All right. And with that, uh, I will entertain a motion on this petition. I move to recommend that city council approve petition 06-26 subject to the conditions outlined within our packet and to adopt as the findings of the commission those findings also provided within our packet. Is there a second? Second. Can staff please call the role? Commissioner Olsen, yes. Commissioner Rubble, yes. Commissioner Gaza, yes. Commissioner Jones, yes. and chairman Willerwin. Yes. Motion is approved. Five to zero. All right. Thank you. And uh thank you to the applicant. So continue working with staff and thank you staff for all your work on this.

Thank you, sir.

We will now move on to the next item on the agenda, which is other business. Um just wanted to share a couple items that are working their way through have worked their way through the uh state house as well as uh are are imminently coming and uh also kind of on the books. Uh this is not a public hearing. This is so you there's no need for for you to take the the transcript so you can sit back and relax and enjoy the commentary. Um the the first item uh that was passed as part you may recall uh within the last six months or so there was an announcement for major funding and arrangement for funding for public transportation throughout the state. There was a companion element to that bill called the people over parking act and it did not get a lot of fanfare. In fact we only found out about it in the course of actually digging into the the legislation that was passed at the state house. uh that goes into effect on June 1st of this year. And what that says is that no municipalities may impose parking requirements within 1 half mile of metro stations uh or within 1/8 mile uh along bus transit corridor uh corridor lines. The frequency of service in Elgen for our bus transit lines do doesn't trip the threshold. So that doesn't come into play. But effective on June 1st of this year, the city will not be able to impose any parking requirements on developments within one half mile of the three metro stations in Elgen. So that is that's that's news. So uh the other thing that is working its way through the state house um is if you uh and Demir will send this out to you tomorrow. Uh I had the pleasure of sharing with city council at their last

meeting two actually two meetings ago uh an overview of uh a series of legislation called the Build Act and it's arguably put forth by the it being advanced by the governor's office to um increase affordability and the availability of housing across the state of Illinois. And generally what that does is say that wherever municipalities have what is otherwise distinguished as single family zoning all the way down to the smallest of lots, you can have duplexes, quads, and up to eight units on what would otherwise be set aside for single family residential zoning regardless of what the municipality says. Um and so uh again, Demir is going to share that uh link. you'll be able to watch that presentation or if you're so inclined, I'll be at the Gford Park Association uh neighborhood meeting at 7 o'clock, not this coming Thursday, but next Thursday the 16th, I believe. Yep. Uh so if you'd like to come out and hear and ask any questions, we can be happy to go over those. Um the um

the Municipal Conference of Mayors is on the on this, right?

Yes, absolutely. Yep. Yep. Yep. Y it Yes, it it is. It is in there is specific legislation that has been put together uh but it has not been passed and the governor's office is out seeking um seeking uh input. There are other provisions in there for example that says regardless of your underlying zoning that you would be allowed an accessory dwelling unit. That accessory dwelling unit does not necessarily mean the customary one that we we think of where it's a unit above the garage for grandma and grandpa or a caregiver. It could be a basement unit. Uh and there was also no familial relationship required. So uh and then it waved parking requirements. So whereas there's no familiar relationship, it would seem, at least in my humble opinion, that a second family with no relation to the primary family would have the same needs for vehicles as as would otherwise be allowed. The other concerning part, at least again from my opinion on um on some of the allowances where you could have a a 7,500 square foot lot, which is which is not a very big piece of property, you know, common in in in uh our older historic neighborhoods. You could have up to eight dwelling, eight units on those on those properties. Um, and it's not limited to a tear down and new construction that would allow conversions of existing structures into to add units. And when you start to look at some of the dimminimous amounts of square footage that our property maintenance code requires to constitute a full dwelling unit with a kitchen, living room, bedroom, suddenly it's pretty easy to see how you could you could get a significant number of units without any extra accommodations that would be made. So, um, we're closely keeping an eye on it. We're trying to get the word out and let people know if they have any questions. Um, and then there's some other provisions out there, but don't want to necessarily take too

much more of your time tonight. So, just a quick question, please. This is in an effort to address affordable housing concerns, correct? Afford affordable housing and availability and availability of housing. Um, which no one would argue against. Yeah. Absolutely. Absolutely. Absolutely. And eligent. So, how um in that affordable housing arena, how does Elgen compare to other municipalities in the area, neighboring whatever that did you did you watch my city council presentation? No, I I can't watch. No, thank you.

And the reason I say that is because the legislation doesn't take into account that in 2003 the state also passed the Affordable Housing Act. And what that says is that is that it it charges the Illinois Housing Development Authority with every five years going and measuring communities degree of affordability. And it does take into account distinction between uh rental housing and and ownership of housing. And it and it sets an even bar for what is or isn't affordable across the entire state. and and the goal is to at least get 10% of a community's housing stock as meeting that affordable threshold.

And isn't El Go ahead.

So what it then says is that if you don't hit the 10% then you're supposed to develop an affordable housing plan where you go into your own community and you look for land that should be made available for affordable housing and you work with develop. So, there's a whole series of things you're supposed to do for those communities that aren't at the 10% level. When I was first made aware of this legislation, the study was uh was published in 2018 based on 2016 data and Elgen was 58%. They just ran our numbers and we're now at 62%. So when I made the pre my presentation to city council, uh Councilman Stefen observed, well, why would those communities who have who are who are arguably, you know, providing affordable housing, why would they necessarily have additional impositions placed on them? Wouldn't it be more logical to look to those communities who are certainly at least well below 50% or even the 10% threshold? So yeah,

and I I don't know if you have the answer to this, but what does when you have a community of 60% of affordable housing, how does that impact market overall and your housing stock of the community and the

I I wouldn't Yeah, I wouldn't necessarily say that they're inherently related. I mean there there's always been and and you guys have heard this before, you know, there's always been this inherent stereotype of, oh, affordable housing going to drive down the value, but I think I think we've demonstrated uh that we can deliver highquality housing and it still be made affordable for folks. Lens Center is a great example. Fox River Crossing is a great example. Uh aid is a great example. uh where I would I would put those developments up against market rate housing you know any day of the week. Um and then you know the Larkin Center is one way where staff is actively working with developers who are coming through the door to to say let's not rely on the traditional single family cookie cutter homes. Let's look at ways can you provide duplexes or quads or town houses or other forms of that what's traditionally called the missing middle. But when we have those opportunities to sit down with developers, we can do it with a broader context to make sure that, for example, a quad is placed on a corner lot where there may be additional space, where there's ample parking, and so there isn't necessarily any sort of inherent spillover effect that that might be created by trying to shoehorn something in that might be a little too tight. So

yeah, thank you. That's I have a thousand more questions. Thank you for that. You're welcome. Any other new uh any other business? Nothing for me, sir. Deir, anything you want to add? No, we don't. I don't I don't know if I want to open I have a question too that I don't know that I want to and that I don't want to ask. Am I But well, you can I mean, we're happy to

not about that. I I am I I I am wondering if there's been any um conversation uh I guess preemptive conversation about zoning for AI data centers. Um no, there hasn't. And I will and I'll and I'll generally say that in the 15 plus years that I've been here, I can't think of any instance where we've had a meeting, a premeating with the developer saying that's what they wanted to do.

Um, our industrial parcels are somewhat limited. Uh, we don't have a lot of the the traditional green field anymore. you know, um, you know, that certainly may have been different about 15 years ago, but then at the same time, you didn't have this big runup of of data centers 15 years ago. So, I think we've been a little lucky in that one regard based on our our land use pattern and the the evolutionary way in which we've developed. Sure. Thanks, Commissioner Jones. This is just circling back to the uh automotive petition on 31 um where they are permitted in the in the ark.

Mh. uh um they tend to be uh not kept very well. Um, some of those standards I've noticed that whole section on 31 between uh is it Kimble heading north north. Um there's like the whole way down I guess three or four to where they stop. Um the sidings are falling off the buildings. The I mean they're in a general state of disrepair and that is an entryway. Mhm. Um, so I can see why they're limited. And is there anything that can be done to clean up the existing?

Yeah. No, those are that's a great observation. I I I can tell you uh that uh property maintenance, there is there is one code enforcement officer whose sole job is to do commercial code enforcement. I know she's been working with some of those businesses specifically, especially as it relates to the outdoor storage of materials and things like that. So hopefully you'll start to see some improvements in those buildings. Um but from a use perspective, you know, there, you know, yeah, the use is the use, but the cosmetics of it is um I mean, I feel like that is something that the city could be a little more proactive on. Um we have our ordinances, we have, you know, things already in place to

to avoid those situations. I'll mention, yeah, I'll share your concerns with our neighborhood services director, Jenny Phelps, and and have her get and have her get in touch with you and and take a look at those specifically. Okay. Thank you so much. I appreciate that. Absolutely. Any other question? I'm going to go back to that buildup plan. Um, so I know that GPA's meeting is coming up. Um, and I did watch your presentation and and city council comments. Um, so Councilman Dixon, I believe, mentioned about um having the neighborhoods weigh in.

Um, I think I emailed you on that, too. Um, is is there a plan to I mean, other than we're taking it into our own hands. I'm a neighborhood leader as well. So, we are all meeting. We've already met um with uh state representative um have plans to do other meetings besides a GPA meeting. Um I would encourage you to continue to do just that. Okay. Yeah. Um so but from the city standpoint, we've shared we've shared our concerns with the metropolitan mayor's

Metro West and Right. and as well as those other folks that we have that go down south. Will you at the 16th April 16th meeting, will you be able to give us um any feedback on that? I'll I'll do my best. I don't want to promise, but I'll see I'll see if there's any sort of feedback that we've gotten. Okay. Okay. Thank you. Sure. Questions down there.

All right. Um thank you both for all that information. Um we'll go on to the next item which is uh public comment if there's any public to comment. Seeing none uh we will now move on to summary of pending development applications.

Thank you Chairman Wildwood. There there isn't much to update on. The uh the church at 85 Market Street is uh on for final city council approval this Wednesday the 8th of April. Um, I'll note that uh we've received an application for the I think it's the last phase of Pounds of Stony Creek subdivision on on McDonald Road that's going to have some 140 plus single family lots and I think that may be on your agenda next month. Um, and then we've seen the application by or re received one from Wayside Cross Ministries. If you recall, they had uh received zoning approval to open up a larger uh transitional housing facility at 890 North State, the fourstory former office building. That deal fell through. And so, um they have decided to try to expand within their building that they own at 1730 and 1740 Berkeley where they currently operate.

So, that will be kind of moving through the process as well. And I think that's probably it. All right, with that I'll take a motion for adjournment. I move to adjurnn. Second. Staff, please call the role. Commissioner Jones, yes. Commissioner Olsen, yes. Commissioner Gaskca, yes. Commissioner Rubal, yes. And Chairman Wilderworth, yes. Motion is approved. You're Thank you. You haven't missed too much of the basketball. Help your