Planning Commission - Regular Meeting

I'm coming up on I like that it keeps me in touch that's why I'm here. Okay, we're gonna go ahead and get started We have Riley will lead us in the pledge I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Okay, we have a full quorum. Do we have any conflicts of interest? Seeing none, approval of minutes for August 5th.

I'll make a motion to approve the minutes for August 5th.

I'll second that.

Motion by Heather, a second by Adam. All in favor?

Aye.

Okay, item 4.1, review and consider a conditional use permit for a monument signed for Toscano.

All right, perfect. As we discussed a little bit in the work meeting, this was applied for as a monument sign. However, as it is an offsite sign, it will need to be a planned center sign. So this is up near Mountain View Corridor and 126th. This is a better look at the area. The area in the dark blue is where Toscano's is located. And the lighter blue rectangle is the lot where the sign is going. The very small green rectangle in the bottom of the light blue one is where the actual sign will be located. So this is an example of sign plans. As you can see, it is kind of that typical monument sign style. The reason this is not able to go through administrative approval, A, it is offsite. The kind of podium portion is 27 inches wide instead of 18, so that's why it's here before you. Where it says Toscano right there, it is a digital screen, so they're able to advertise more than just their business. These are some renderings of what it will look like in the day and at night. Our recommendations are to approve this with the following conditions. From our understanding, the owner of this lot may be changing. The sign is within an easement, so it can go along 126th. It is not currently within the public utility easements, but just in case if a new owner comes in and it does need to shift a foot or two to the side, we just want to make sure that is addressed. And then finally, we discussed this in the work meeting as well, the sum of acreage for this planned center site needs to be a minimum of three acres. Currently, they are sitting at about 2.8 between Toscano's Garage Grill and the Shell that's next to Toscano's. So they have partnered with a bunch of other companies to also advertise for them. One of them is Quick Quack, which is over an acre, which means they will be over that three acres that is necessary. If you have any questions or concerns, I'm happy to answer, and the applicant is here as well.

Looks straightforward.

Beautiful. All right.

Okay, does the applicant have anything they want to add? Thank you. Do we have any discussion or motion?

I don't have any discussion. I'm ready to make a motion. Go for it. I move to approve item three, sorry, item 4.1, sorry, with the staff's three recommendations.

I'll second.

Motion by Adam, a second by Darrell. Andy? Yes. Darrell? Yes. Adam? Yes. Heather? Yes. Jackson? Yes. And Brody?

Yes.

Okay, so that passes. 4.2, consideration of a site plan for a commercial restaurant.

All righty, perfect. We'll be looking at a site plan for a new restaurant. This is also in Midas Crossing, so 126th and Mountain View. Here's a closer look. You can see it's that light blue square. This is next to the Java Express to give you kind of a reference point. The proposed project is 0.184 acres, and it is commercially zoned. The project is roughly 4,000 square feet, 43,000. And then the business was submitted as a quick service, which would require 43 parking stalls. However, you can see by this Floor plan here that it looks like there is a server's area and not really a place to quick order so if this does end up becoming a Full restaurant then 52 parking stalls would be required each of these can both be accommodated by that shared parking agreement with the existing parking These are the proposed elevations. The darker areas that you see are a brick veneer, and then the kind of transparent areas, currently the white areas, are a type of stone. So we have stone and brick. There's banding on the sides as well. So this is, we talked about comments that would go under condition of approval number one. A pedestrian pathway would need to come from the rear of the building to the 2600 South sidewalk. This is for fire exiting from our building code. We currently have two doors that both exit towards the front of the building, and they need to be at least 1 3rd of the building apart from each other, so the front and rear, Entrance and exits would be the best option there. Next is that landscaping plan will need to be updated as there will now be a sidewalk in it. Finally, a shift of the ADA ramps to comply with building code. As we discussed, these were just off center from that area to come up to the front door. There were no engineering concerns. Everything was addressed during our DRC process. Finally, these are our recommendations of approval. The only one that was not discussed was item three, which is showing a dumpster location. On the original approved plans for the shared parking lot, there were two more dumpsters available than are currently built. so we talked with our applicant they either need a letter of approval from midas lot 11 to use their dumpster that's where java express is currently using or they need to install a dumpster within that lot 7 parking lot if you have any questions concerns i'm happy to answer and the applicant should be online i am thank you

Can you go back to, I guess, the materials that are being used? I know before we used to have a board or something that showed what the materials are like.

Can you go over that one more time? We didn't have a visual board associated with this one.

Or color? Do we have any idea of what color it's going to be?

Fernando, do you want to answer that question?

Any colors, we can do it according to any requirements that you might have. We are not really focused on colors. Whatever you feel that is in compliance, happy to comply.

Perfect. Yeah, so I'll get that MDA with the general design guidelines. We don't have a... like a color of materials board like we have in other MDAs. But I will work with the applicant to get that handled. Another good thing to address that Fernando sent us a copy of his approved ARC letter. The building is 23 feet tall. And the maximum for that area, it was 16 within the MDA. So they do have approval to go taller to that 23 feet, which is still shorter than our typical commercial area.

So to clarify, the color of the brick will be similar to what's in the rest of the development?

Yeah.

Yes, absolutely.

There are a few different ones that are currently there. But yeah, they don't have a specific palette set at the moment. I can also work that out with the applicant and send you guys just an updated email that has that color information specified.

I THINK EVERYTHING ELSE IS GOOD. YEAH. QUESTION FOR FERNANDO. ANY CONCERNS WITH THE REQUIREMENTS, ADDITIONAL REQUIREMENTS FOR THIS?

NO. I THINK I HAVE NOT BOUGHT ANY OF THE BRIDGE MATERIALS, SO THAT SHOULD BE EASY JUST TO BUY WHATEVER THE CITY FEELS GOES IN ACCORDANCE TO THE NEEDS OF THE CITY.

OKAY.

TO ELABORATE.

WELL, I'M TALKING ABOUT THE THREE RECOMMENDATIONS WITH THE

Oh, yeah, these are those ones. Yeah, no, if those are requirements of the city, I don't have any issues with that. The important thing is to make sure that we solidify whatever is important for the city.

Perfect. Thank you.

and about the dumpster i already start talk i started talking with the hoa and they say that i can have agreements with any of the two current users of the two dumpsters but it's just because this is recent i will be reaching out to them but they thought that should not be a problem perfect sounds good i don't have any more questions for him yeah all right let's see i had one more so the uh on the hoa they don't have a design review committee

So they do have a designer review committee, and we do have the approval letter for this project. That's not typically necessary until the building application, but we do have one already. Fernanda was great to set this.

Okay, so their design review committee has seen the, been through, okay.

Yeah, and this building has been approved already. So I'm gonna take a second while you're discussing to look to see if I have those colors mentioned on the plans.

Yeah, I'm good. Do you have any other questions, please?

I don't. No, I don't think so. Everything else is good. Thank you.

You're very kind, thank you.

I mean, I can make a motion if you're good, okay. I move to make a motion on item 4.2 to approve and consideration of the site plan for the commercial restaurant at 4948 West, 126 South with staff's three recommendations.

I'll second. So motion by Brody, second by Heather. Brody?

Yes.

Jackson? Yes. Heather? Yes. Adam?

Yes.

Daryl? Yes. And Andy?

Yes.

Okay, so that passes. Thank you.

Awesome, thank you. Thank you so much.

So on the project, there are colors listed as Bronze Stone and Smoky Mountain. Yeah, so they have been approved by the master developer in that area. But unfortunately, that doesn't give us very great color imaging.

I'm sure my architect contacted them. But again, you tell me that since I have not bought anything, there's no major problems changing for the planning, I guess.

My concern was to make sure that it's coordinated with the larger development. Yeah. Yeah.

So you can work with staff on those, Fernando? Sounds good. Thank you.

Thank you.

All right. Item 5.1, we'll have a public hearing, so I'll just read that procedure really quick. Purpose of the public comment policy is to allow citizens to address items on the agenda. Citizens requesting to address the commission will be asked to complete a written comment form and present it to the deputy city recorder. In general, the chair will allow an individual three minutes to address the commission and a spokesperson may be allowed five. This policy applies to all public hearings. 5.1, review and consider a recommendation to amend Title 10.

Thank you. This is a petition that was initiated by the city in response to development interests that have approached the community that we felt was something that we wanted to support, primarily from our economic development team. As the Planning Commission is familiar, within the last year we have adopted a new commercial flex zone, trying to create some smaller commercial spaces within our community. Within that zone type, we did identify that this could be an appropriate place for food truck commissaries, where you have multiple food trucks who have to access a commercial kitchen by state code. Unfortunately, we forgot to add the commissary in our land use table and assign that specifically to the CF zone. Now this recent conversation had a request of adding that also to the MU2 zone. and in our discussions we decided to propose that it be expanded into some of our other commercial zones as shown in your packet. Additionally, there was some interest in allowing an established business the opportunity of having outdoor seasonal sales and displays. We do allow, under a temporary use permit, these types of uses, but it seemed where we have an established business on the property, it seemed excessive to require that they would come in and obtain these seasonal permits. And then the second element that was causing us some concern was in the MU2 zone, it very specifically states that that type of activity has to be within the sales of merchandise, has to be within an enclosed building. Whereas in this is contemplating a Christmas tree market, or a pumpkin patch, you know, any type of maybe like an extended fruit stand or something like that. So again, we felt very comfortable with supporting this. It would bring more vitality and kind of visual interest as well as kind of a more pedestrian scale business into our mixed use center right here in the town center. So again, here's that list of permitted uses. I did want to clarify in the table that's included in your packet, where we underline where the new text is, we didn't underline the P in the CF zone, which started this whole thing. It's in there, the P is listed, but I want to be clear, that is an amendment, that is an addition to this proposal, along with the other C1, C2, and the M1 manufacturing zone, and the MU2, of course. And then on the seasonal outdoor sales, again, we're talking about allowing a business to do this in connection with an established business. This is a retail transaction. We're not talking about wholesale activities. Typical kind of operating conditions. The seasonal sales has to be conducted by that primary business. And then the recommendation, of course, is that we are supporting approval of the amendment as presented in your packet. Any questions or concerns before you open this up for a public hearing?

I like it. I think it activates the street of what's already there. Yeah. Makes sense. Okay.

Okay, we'll go ahead and open the public hearing. And a motion to close? Make a motion to close.

Second that.

Motion by Heather, second by Adam. All in favor?

Aye.

Okay, discussion or a motion?

That makes sense. I have no comments.

Yeah, I don't see any cons to this.

I move to recommend approval to city council of item 5.1. I'll second that.

Motion by Adam and a second by Andy. Andy? Yes. Daryl?

Yes.

Adam?

Yes.

Heather? Yes. Jackson? Yes. And Brody?

Yes.

OK. That passes. Chair and commission comments?

I do have one small thing. In the future, I still think we should see color boards and stuff, so if you could just push for the applicants. I don't want to slow that up, but in the future, I think it's good to see what we're getting. And I don't blame anybody, and I don't see a reason, but just FYI.

Yeah, that sounds good. We'll also see some of the MDAs do have them inside, like the actual document.

And that's why, because this is an MDA, I figured we're okay.

But just FYI in the future. Or the document that shows the colors.

Yeah, at least something that shows the colors so that citizens, if they did see it, they would know what we're approving.

Thank you. Okay. Next city council meeting is September 9th. Next, Planning Commission, September 16th, and then a potential joint on September 30th. Motion to adjourn?

So moved.

Second.

All in favor? Aye.

Aye.

Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. I'm not hearing.