City Planning Commission - Regular Meeting

Okay, so we need a motion to approve the agenda. So moved.

All right, Commissioner Luter with the motion.

Second. Commissioner Fittgen, all those in favor say aye. Aye. All opposed, same sign. Motion passes eight to zero. All right, minutes. Does everyone have a chance? It's been a little while, so this was a good refresher for us to review the minutes from May 5th. Any changes? approve those minutes. Any conflicts of interest this evening? Thanks, seeing none, we can move on to our first public hearing, 01-SUT-0626, 424 North 3rd and 143 West Michigan Street. So the way that this will work, we'll hear from city staff and consultants, the applicant, and correspondents will be ready to do the record, public testimony, and then we'll have commission discussion. So Dave or Andrea, if you'll give us the rundown.

Staff has reviewed the special land use permit for an outdoor alcoholic beverage service use area that includes mobile vending units at their off-street parking lot located at 424 North 3rd Street and 143 West Michigan Street. on screen showing the staff review analysis that was attached to the agenda packet. And in there was answer to site plan review comments, answers to the special land use comments, and also attachments with the special land use applications, site plan review application, staff comments, applicants' response to staff comments, Area map, the parcels are outlined in blue. The block maps, parcels are outlined in blue. Photos of the site. The site plan set. And then, one second, the past case meeting minutes from the subject property for 2011, 2013, 2015, 2017, 2019, 2020, 2023. And we did not receive any correspondence. We're in this request.

Okay. No correspondence. If the applicants would like to come to the stand.

Well, hello, everybody. I'm Andy. This is David. This is David. Yeah, that's pretty much what we're looking to do. It's something that I guess we were doing during the COVID period, and it worked really well. And since 2021, we We've been approved and licensed through the state to do just this, but until now we've kind of thought, well, let's not, but it seems like seeing how things have been ramping up the summer right now, it makes sense for us to do this for a couple of different reasons. You know currently on weekend like three food trucks at the hub and you know they take up space whether they're on the road or they're in our parking lot. You know we currently put like two of the trucks in the parking lot right now and one goes on the curb. So that presents a few problems too potentially that haven't happened. But safety issues with someone standing out in the parking lot waiting for their pretzel and a car coming out, leaving at night, or whatever it is. So by doing this, it's a safer option to just say, there's no parking back there. We're going to put people back there. And they can sit down and wait for the pretzel and not worry about a car coming, slurping by. So, you know, I mentioned like, yeah, these trucks, they take up space. Like right now, currently, I'll point it out over here so you can see it. But, you know, like a burger bus takes up three spots. A pretzel truck is going to take up two spots. Another truck up here is going to take all of one, but it's probably going to encroach into two spots in here. So that's like seven spots. Right now, we don't do anything. Um, so what we're proposing is there's 10 spots in the back here. Uh, we'd end up taking up those spots, uh, probably leaving three spots that could have been used for parking. Um, so we're gonna, you know, unfortunately you lose three spots, but in the big picture too, um, you know, being on third street, uh, quite a few years back, I don't remember when, but

That being said, we totally appreciate and value the parking we do have, so we'll be able to maintain up in front seven spots there.

Yeah, that's the game plan right there. Oh, it's seasonal, yeah. I mean, it's hard to plot when you've got a lot of stuff in the way.

If I may, just to clarify, so certain businesses aren't required to have your retail isn't, but you're like manufacturing it. So that's why you have the parking calculations. You have to have six required parking spaces and you're showing eight temporary parking spaces per design plan. So just for clarification.

Okay. Yeah, so I guess that's kind of what we're looking to do. I think it'll be a great option to kind of create a space where people can go and eat and safely wait for their purchase. And let that roll through Labor Day probably, and then go back to Plow and Stone. Hopefully not this year. Yeah, I hope not either. Any questions from you guys?

We'll go to the park. Do we have any public testimony anybody want to speak on this agenda item? All right. Please state your name and address. And you have three minutes to speak on this. Pete Dornwind, 131 West Ohio Street. And I just wanted to come. I've come before when you were doing the upstairs deck portion on the new addition. And we had some communication about, came here and talked about just noise and issues like that. And they listened to those comments and they planned accordingly, orders did. And then a couple of years ago, there were some issues about noise in the bands and things like that. I went to them and said, hey, know what can what agreements can we have about the bands playing in certain times we had agreements and um andy and dave were really great about that and sort of working with us as neighbors so i don't i'm just here to say they they listen to their neighbors they realize where they're located in terms of um their business and a more residential area and so i understand and i just hear the support that i think they'll do what they say in terms of They're easy to work with, and if we have issues, they're more than accommodating. So that's it. Thank you. Are there any other public comments?

I'll say something. All right.

Speak your name and address.

Alyssa Patton. I live on 118 West Arch Street. So we kind of share the back of a lot there. I just feel like there's going to be a lot more people. There's going to be capacity for a lot more people now. So I'm just wondering if there's going to be, like, any sound crew training, like, walls, that kind of thing. And then if it does get lower, what we can do about it, just wondering if they're going to make any infrastructure for like barriers or sound.

Are you working directly behind the fence there?

Or all the way, like our backyards are, like we're, we all share the same backyard.

Do I have to bring her to talk? No, we can get, we'll, we'll.

Oh, that's just my question. Okay.

Because I just want to make sure that there's soundproofing. Because I just think there's going to be, It just gets really, really loud. So that's my concern.

Todd King, 514 North 3rd Street. I think it's a great idea and it's well thought out, well planned. My only concern is removing any parking whatsoever is a big problem. So we have tenants over on our side that we overflow from their lot from the brewery over to our area, which is fine until the people ripped from us can't park a moment can't find a spot so i'm just thinking of removing any spots is a question now so thank you any other public comments all right yeah all right

um all right um seeing no other comments we can move on to commission discussion um we have a motion to suspend the rules for discussion so uh second second All those in favor, say aye. Aye. All opposed, same sign. Motion passes eight to zero. All right. Commissioners, what are we thinking about this? indicated a problem with the proposed location for the bicycle parking. Do you intend to just leave the bicycle parking where it presently is then?

I think that's what we're going to do for now. And then I would like to talk to Jeff Bossett. Jeff. Jeff Bossett. And then just meet him out there and actually see like what, if there was an issue, if one of these food trucks is not fired, to think he's gonna have it.

The issue is right here. Right, yeah. He needs to get access in, so if you remove those.

Yes, so we're gonna have, we'll probably likely put an opening there, where he rests in, so he can come in. And then, if there's room on either side, maybe he's cool with it, we'll put some on the outside of that barricade, as long as he has what he needs to keep it safe. Otherwise, for now, until that happens, parking where it is, which is on that scale.

Okay. And then your comments indicated you don't really have a present plan for that, what was marked as art sale area? No.

I mean, I put it there because I thought that would be a really fun thing, like on a Saturday to have an art market. And Andrea mentioned that you need to get a here permit or license or whatever it is and so we'll have to go through that process in order to do that okay i was just wondering if you were going to alternatively then use that space for extra tables as well wasn't planning on it picking tables are like 200 bucks a pop right now so in reality um

you're probably adding seating for about 36 people at most. Yeah, and yeah. This isn't to like say if you order food, you have to eat out there. This is more of almost a waiting area with your beer.

to your point with the extra people and yeah it's you know you can only fit what six people at a table and it's not going to be like a huge standing room area and yeah it'd be great to have hundreds of extra people come every day but that's not going to happen it's more of a it's it's pretty much what we're doing right now but allowing people to have a place they yeah i hope they do yeah i don't yeah that's part of the keeping it efficient too and more of a permanent structure um like there's other cities around that have food truck areas where they're there and maybe they rotate out every month or something and there's some new one that comes in. But initially we're looking at having three that have committed to being there and that's kind of our approach with that.

Okay, thank you. Thank you. I'd like to ask two questions. There are two concerns that came up. One, parking.

I have frequent slide rocks often, so I feel like I can be a concern with this. My question is, I don't recall exactly which ones were contained at specific parking. It looks like one that I know of is going to have a barrier going across it now. So is there going to be a dedicated handicapped parking?

This will probably come down And then we'll make that opening, like I mentioned, for egress.

So we can come in that way. So there won't be a barrier going across the handicapped parking spot, because it's shown on the sign there? Correct. Great. And then the other one was soundproofing, since there will be food trucks there. Yeah. I guess generators, most likely? No generators.

has there been any thought into sound reduction with the additional people that will be going to that area well no um i mean a lot of that one side is surrounded by trees and what i'm hoping is that with if we put out some seating people will be down lower there's a six-foot fence so in a sense they're It's like everything over the last 15 years. Figure it out as we go and make adjustments how we need to make adjustments if they need to be made. Like I said, it's not going to be like a freestanding mosh pit of people back there. I'm hoping once or twice a year it is. That would be great. But I think in general it's going to be a group here and a group there sitting and getting their food and yeah, I mean, we're not moving the stage over there or anything. It's gonna be where it is.

Yeah. Thank you. Any other commissioner comments?

The barrier that you would indicate that, you know, what exactly is that gonna be?

So, like if you go to a, festival or something they have like those galvanized or hopefully get some of their painted those that look sharper uh galvanized eight and a half foot so you see them at running races bike races festivals those type of things they're easily um rotated too so it's not like uh i mean of course it's a semi-permanent structure but this one is really easy Easy accessible space.

Okay. Do you anticipate there being any issues with kind of the flow of pedestrians to that like kind of narrow rear entrance and then people trying to get by more people potentially move into that from the sidewalk or from the business. Just kind of, you have people coming into the business there and you also have people that will now be more people potentially using that little path and then going over to the food area. Are you going to add extra signs?

It's something that we did for like Oktoberfest in the past and all through COVID and we didn't have any issues and really like an Oktoberfest would be like a high traffic day. And it's not anywhere near that most of the time. It's, like I mentioned, a couple times a year it gets busy if we have some kind of event. But in general, it hasn't been a problem at all.

I have a question. Will there be tents over these picket cables? Are they going to be installed?

No. I wish we had a nice tent builder.

I understand the things because we have to work with them afterwards. So can you see the hand movement up here?

Yeah.

So you're not blocked. Your proposal is when you revise the site, you're not blocking this parking space either?

So I'm standing out there today and I'm trying to think of the best way to do this. And I kind of feel like I'm going to go back over here if you don't mind. I kind of feel like the best way to do it is to run, this is the gravel way to do it, this is the drainage, is to run it here, down to here, and across.

So if you did that and you have this space.

Yes, that maintains that space, you know. But, you know, like you said, we're not required to have that space. We could take a handicap sign for it over here.

Don't you have two?

Isn't this, aren't they both?

No, that's, this right here, no.

It's this one right here.

Okay. But that's what I mean, right? I don't know.

I just want to make sure we're discussing with Dallas that I understood what I'm looking for when I'm looking at your hindsight plan, understood what you guys were discussing.

Yeah, that little tail. here on the pavement, no locking or gravel put across.

Okay. I have a question for staff about mechanics of this. So if this gets approved and it's seasonally done, do they have to come before the commission in future years to do the same thing? especially in regards to the LDC amendments that the city commission adopts those that we're working on our LDC amendment. That's the part about whether or not they'll have to come back again. And we haven't discussed this with the applicants and the LDC amendments is a proposal that food trucks that are going to be permanently

And the DDA, in part, wanted that as a standard.

So we have to talk to our attorney about what vested rights disapproval will be done in that regard. Okay. Got to sort that out.

Just so you know, because those amendments...

They're not current.

They're not current. We have to call it a code now. If they even wanted to, we couldn't even put that as a notice or even... look at that because those aren't .

Sure, yeah. And it's all up in the air. Maybe the city commission does not approve that amendment.

Right, we won't know until.

Okay.

Are there any other comments? Yeah. Oh, what's that? No, you asked my question, so.

Oh, yeah. Just to clarify, so you are expecting folks to like, go into the like outdoor, into the covered outdoor area or inside the bar to get a beer and then be able to bring it back out and into the area for their food? Okay, are you at all concerned about folks like when they're walking through that parking area with their or is there any issue there?

I'm not necessarily, that's why I initially This ties into the end where it terminates, and now you're in the outside world. And this drawing here, you hang a higher rank, and you're still in the inside world. But seeing that there's walking around a social district at this point, I don't think the extra 15 feet will allow you to pose a danger or a disorder or anything like that.

record shows there's been quite a bit of concern in that in the past but I was by there this afternoon and obviously didn't have a huge crowd that time of the afternoon but there was well over a dozen people in the back talking loudly and the food trucks were making a pretty effective sound stream at least um If one of them was going to be parked at the car south end of the parking lot, it may be apparently just on the street there. That is a good question. Yeah.

Yeah.

I'm familiar with your signage about no alcohol beyond this area. Right. What are your plans for making sure that people are aware that alcohol cannot go into some areas of parking lot?

Well, That can happen now, and it's not an issue that we see often. But we do have staff that's constantly patrolling out there. So part of their job is to keep eyes on customers and what's going on. And even to the point where it's someone coming in with a social district cup from somewhere else, we're not allowed to let people in with that. You know what I mean? So it gets a little pretentious at times.

keep an eye on that stuff um it was more of an egregious violation when they were on the street or even in the parking lot because they just kind of they don't really think about it they just kind of have an idea it's a lot of times like back in figure it out and then go and that's one of our hopes too is like like david said you know i was talking

continue to keep an eye on it, yeah.

So with this addition, the plan would be to have some kind of direction assigned to this area? Absolutely.

Yep. Yeah, it'll, yeah. It's kind of silly with signs. Yeah.

I'm on site plan review, so I'll start there. That is page 11 in the packet. Public health, safety, and welfare. This is proposed in the Department of Public Health, Safety, and Welfare. All elements of the site plan shall be designed and taken into account. Site photography, character of adjoining property, and site and size of buildings. The site shall be developed so as not to impede the normal and ordinary development or improvement of surrounding property for uses permitted in this ordinance. So the proposal is for alcoholic beverage sales, which is permitted within this land use. So I don't see any problems there. Safe and efficient traffic operations, safe, convenient, uncongested, and well-defined vehicular and pedestrian circulation within and to the site shall be provided. drive streets and other elements such as walkways shall be designed to promote safe and efficient traffic operations within the site and its access points. Thoughts on this one?

Just the staff comment there is that you guys will have to revise the site plan to ensure an existing bike parking right when the site is not there. As you said, it's open as well.

All right, vehicular and pedestrian circulation. Oh.

I'm just adding one thing on the spot. It's the, there's an adjustment for the handicap parking spot. It sounds like there's still discussion as to where. So I'm just looking at the site plan.

The site, the spot to the north says that's your barrier-free parking spot, not to the south.

We can put it there, too.

Well, it says already that's your existing barrier-free parking spot.

on your site plan not where you have to well i think they're both barrier free and i think we just need your required one from the county as well that's yeah okay but to your point we can we can make the north one well that's what it says on the site plan that it is so yeah you can have it

Um, vehicular and pedestrian circulation. Uh, the arrangement of public or common laws for vehicular and pedestrian circulation shall be connected to existing or planned street and pedestrian or bicycle pathways in the area. to be special pedestrian measures such as crosswalks crossing signals and other facilities may be required in the vicinity of schools playground shopping centers and other uses which generate a considerable amount of pedestrian traffic they're changing their bike racks they've been notified that they should depend on their plan um and then fire access as well they're aware um mr chair yes you can just read the title of these all right That'll get us out of here a little quicker. I'm good at that. Topography and landscaping. No landscaping is proposed, so let's skip that one. Stormwater management. Any issues with our stormwater management? No. No problems anticipated with existing stormwater management. Emergency vehicle access. Department's comments. Outdoor storage loading and unloading areas. No proposed changes to the existing refuse storage area, loading area, and the parking lot will be reduced in size by the proposed temporary barrier and bike parking. Lighting. No new lighting was proposed. Nine. Location of building entrances are not changing in this plan so nuisances This one is to be determined by us. I Feel like the noise is going to be partially mitigated by the existing fence and the placement of the food truck Anybody have any other comments?

I Think it will also be reduced to

And they have stated that they'd be willing to work and change this plan. And they have demonstrated that they've done this in the past and submitted. We had some public testimony that they had done so and worked with the neighbors as well. So I'm feeling good on that. Yes. I'd just like to mention that the Planning Commission has had an applicant come back. And the Planning Commission is always entitled It wasn't very long ago that the city had to do that with superior culture because of the noise issue. And there were actually two following public hearings until the issue was satisfied to the satisfaction of all the neighbors and the business. So that can be revisited. So taking reasonable steps to reduce noise. All right, and City of Marquette Engineering, no new construction is proposed. So that is our site plan review. Let's go to a couple of pages before. Special land use review. Intent of the zoning district. District consists of higher intensity misuse buildings that accommodate retail offices, institutional townhouses, and apartments. Fairfares have wide sidewalks and buildings are set close to the sidewalks. I don't see any change on this one. Use of adjacent lands. Lots of single-family homes, multi-family homes, structures that are both rentals and are occupied. Proposed marijuana retail was previously approved, but the parcel is still vacant. I have no current status on that. And if anything changes in that, they will have to come back to us. Like if they buy that. Physical appearance of structures. Existing structures listed as being in average and good condition per city assessment. Landscaping, there's no landscaping proposed. Operations of use, it does increase the intensity of use, but it yields like a reasonable amount. Anybody have any comments on that one? Um, time of use and physical and economic relationship. Um, there were some time limits for use of the, um, the property new to 11 daily food and beverage area and food trucks will be closed by nine.

Yeah.

Uh, number of persons or employees, assembly or persons in traffic would be an increase. Anybody have any issues with those increases? No. All right. Vehicular and pedestrian circulation. We've kind of gone through this with the site plan review standards. Anybody want to touch on that one? Commissioner Pickens?

Do you just think that if they are planning to keep that parking spot that's south of the entrance to the bar, I could foresee that creating some issues with someone backing their car out into a person exiting that extra area. So that could be an issue, but otherwise I don't see any issues.

Physical characteristics of the site, no problems anticipated. They're moving food trucks and putting in tables. Public services, no problems anticipated. Environmental factors, don't need to take care of waste, litter, noise. I don't anticipate extra dust or fumes or anything like that. Site area and potential future expansion areas will need to be prevented at a later date in a separate location. Additional neighborhood factors. I think that kind of goes to our proposed condition that reasonable efforts are taken to reduce noise if required. And then master plan. Does this meet the intent of our community master plan?

Yeah, I think it does. Third Street corridor is designated in the master plan as a mixed-use development for more intense activities.

Alright, so now we're speaking on motion on this issue.

Do we also need to review the outdoor alcohol beverage service requirements?

I'll make a motion.

After holding a public hearing and review of the site plan set dated April 28, 2026, with supplemental documentation and the staff report analysis for 01-SUP-06-26, the Planning Commission finds that the request meets the intent and requirements of the Land Development Code, Sections 50, approves 01-SUP-06-26 as presented with the following conditions. That approval is dependent on an amended plan being submitted to address staff comments. That reasonable efforts be made to address and that the applicants meet and resolve the fire department issues. And that the existing map be shown indicating where the bike parking is connected.

All right, motion on the floor. Do we have a second? Commissioner Wilkinson has a second. Second. All right, all those in favor say aye. Aye. All those, same sign. Motion passes 8-0. Thank you. All right, we're moving on to our second public hearing on land development code amendments. This part is boring. Thanks for the heads up, Mike. Yeah. I don't want to make the mistake for another hour.

I hope it doesn't get that long.

I hope it doesn't. All right.

We'll go over to Andrea for a little bit more than that.

Okay, so here is the public hearing for months and months of work since November 2025. Attached to the agenda packet was the draft that was like 80-some pages of the agendas that we worked through.

Our May 19th meeting was canceled.

Did you guys need us to In other words, you want me to point out those May 19th that we never had a chance to discuss. Okay. So we had made some changes in maximum lot coverage and we discussed like excluding the driveways and central parking areas, but we only proposed it for the LDR and the MDR. And Dave and I were discussing for the May 19 meeting that we didn't have that we also need to look at the other zoning districts or when they would qualify for that. So, we updated the language. So, for instance, for the MFR, excluding driveways and accessory parking areas, serving up to four dwelling units on a single parcel for the maximum rear yard coverage limits for the driveways and accessory parking areas. And then that off-street parking lot will be exempt as well, considering that it attaches as rebuilding structures. And that goes for... excluding the on-street than for the additional commercial ones. So that was one of the changes within that were at that meeting.

Do you guys have any questions regarding that?

I think not.

All right, so number one. was a proposal to add or permitted encroachments into the required yard setbacks or structural amenities that patio steps and walkways that are less than 100 square feet in area or less, I'm sorry, that are 100 square feet in area or less and are made of pervious materials or designed to allow water infiltration. That was a change. We removed the... patios and walkways from the structural amenity definition, because they can also fall under accessory structure. And we just wanted it to be clear that only the patios and walkways that are 100 square feet or less is a circular amenity. So that was one change there. Also, for those in the know, they have new land division regulations that the state has approved to allow for forming divisions. but there's a certain time when it becomes active. So that is going to be before we look at the code again. So we have proposed. So under the regulation section of the code, a change that also under the survey or tentative parcel map that for the initial application submittal, a tentative parcel map is only allowed to be submitted if there are no structures or improvements. And that was a discussion with the city assessor as well. And the next one is for the state act beginning March 24th, 2027. They are increasing the limit from allowing for to split into four parcels that increased to 10 parcels. So since we won't be reviewing this again until after that, and after meeting with the city attorney, city assessor, department head, Dave and I, I'll discuss this is the change that we want to put in the code. And then once we do review the code again, we'll just remove this and just fix it to save time. But this way it's covered. And then also I caught a typo error and that should be instead of 210. Do you guys have any questions about that?

No?

All right.

We can just check on that first one that you went over. Did that include mixed-use zoning as well?

The very, very first one?

Yes. Yes. Okay. I just missed that part.

Oh, I had a problem scrolling through that. Sorry. Because mixed-use zoning is in the first part. very first one that we had already fixed but um mfr on down wasn't fixed until this okay so then the next one was A long, long time ago, we had discussed with you guys about this snow storage section, and then we needed to bring it back to you. The discussion was changing the word shall to may, the landscape, and then you guys wanted to see the language that it shall not occupy more than 10% of the required parking lot spaces. So this is us bringing that back. Let's get started. Okay. So now we're allowing for them if they are going, the idea is that you guys wanted to allow for them to go into the parking lot, but not to occupy more than 10% of the required parking lot spaces. So for example, Black Rocks couldn't take up more than 10% of the required set space. Do you guys have any questions about that? Okay, so the other proposal was in the mobile food vending units, adding this exceptions here, and this is page 110 of the agenda packet, that an MFU may be used to vend to consumers upon the same property as an operational restaurant without either a special main use or accessory use permit. And number two, during public events endorsed by the Downtown Development Authority and or the City of Marquette, a licensed MFU may invent consumers on property adjacent to the event with permission of the event organizers. The second one we have under like outdoor, tech or retail has that exemption, so we're adding that in here as well. And the first one is that if you have a restaurant and you're wanting to extend to a food court for your restaurant, that you would be allowed to do that without having to get a special land use or such . So that was a quote.

Do you have anything to add on that, Dave?

Okay. Then the last one was in the 54-637 after alcohol and beverage service. The sidewalk cafe is no longer in Article 6. It's now in Article 3. And we're proposing to strike Chapter 35. And the same thing in here that... making six three and striking chapter 35. Do you guys have any questions on that one? That was it, that was in the May 19th meeting that we didn't have. And then everything else was in your previous work sessions.

And we've gone over it and had consensus on all of that. And do we have any discussion on the new items? I'm just thinking on the snow storage one, I'm just trying to process restricting to not covering more than 10% of required parking with some of the places that don't have required parking or may have a lot more existing parking that's not required, but then they're restricted to not covering. So I guess they can,

so currently right now our code does not allow them to use a parking lot at all okay okay this isn't giving them a break around but further on with your thought what were you i'm just trying to wrap my head around how much parking they because i know we've had a couple

using it how we want to use it in this case.

Thoughts? The way I would interpret it is that it says you can't cover more than 10% of whatever the code requires you to provide for parking. So if you're required to have six spots, you can't cover

with snow, right? So even though they have an 18? Right. Okay, they can't even cover one.

Okay.

But if they have 18, they can cover, they can cover 12 spots with snow.

Yeah, they can cover all the spots that aren't required if they wanted to. It hurts, but yes. That was kind of a bad question. It's keeping those required basically So this proposal is saying that it can be in a landscape area, or now we're not allowing it to be in a landscape area as well. However, with the stipulation that you don't cover more than 10% of the water.

And did that used to be part of the standard that you could use up to 10% of the paint there?

I looked and I couldn't, but I didn't go really deep into the past past of the ordinances to see what was allowed for the advance lanes.

The LDC and the LDC are not.

It may, I can't 100% tell you, but it seems correct.

So just kind of stepping outside of those required versus 10% coverage, what is the point of that requirement if we're going to allow for partial or not?

I think the problem is snow removal, right? They're giving a little bit of a bonus.

With required parking, we tend to find the maximum required parking. For most businesses, it's not going to be when we're in snow season. I think we started off with this with allowing them to use some of their required parking for tents or for temporary sales and things like that. I think I was a little proud of that they can do it for that probably in peak season. Why can't they put snow on some of those, which is also a temporary, hopefully, use of the space during their best peak season. recall that i don't know if there was a allowance of a certain percentage of the requirement but i know it go to the landscape areas instead. But landscaping doesn't survive the pile. And the stamp is gone about a couple of years. Now that you've seen that at the former hospitals, Any other comments? All right, looking for a motion to approve these and submit them to the city commission. No?

All right, Commissioner Vermont.

After review of the draft, And after conducting a public hearing and careful consideration of the contents of the draft LDC amendments, planning commission finds that the draft LDC amendments are consistent with the recommendations, goals, and policy objectives of the community master plan, comply with section 54.1405 of land development code, represent an improvement are justified and appropriate and therefore should be approved by the City Commission as presented. All right, Commissioner, I'm done with the motion. We have a second board. Commissioner Rainer for the support. All those in favor say aye. All right, do we have any citizens wishing to address the commission on agenda item? No, no. We have no old business, no new business. Citizens wishing to address the commission on non-agenda items? No, no. All right, no correspondence, reports, minutes, no training, no, that was not a work session, no hearing. Commission and staff comments will begin over in the end. No comment.

No comment.

I'd just like to, I guess, state that I don't want to lose sight of the fact that we talked about data centers and what we can do as a planning commission regarding that. I'm hoping that we can pursue over the next few months. The other thing I would like to sort of bring up is the whole idea

I would just like to observe that Black Rocks has been here almost annually for a number of years. they were going to be an indoor facility brewery. Most of the other, if not all of the other facilities that now have outdoor seating on Third Street were established there without that outdoor seating as well. And so the conflicts with that business corridor and the adjoining neighborhoods didn't really factor into our zoning layout, zoning back or anything. When we established that, it's been the evolution of outdoor seating that has created a conflict or incompatibility with a lot of the residential budding properties. It may be too late to do anything about that now. I think that's just a societal change that people want the outdoor seating at this point. But I think that's really the root of the problem, not so much the individual businesses, but the fact that we set that grid pattern up and then we allowed it to first go to our seating. that may not have been consistent with the next-door neighboring residence. Once we did that, we had to allow it for everybody. So if there's a way that we can look at that, try to preserve the residences that are off Third Street, and we talked about the Third Street plan and the master plan encouraging the vibrant Third Street environment, but it also would And if we're going to accomplish those goals, we might have to find ways to change the wording in the ordinance regarding what you can do outside and how big of an area outside, how you have to shelter it. So I think that's something you might want to look at as a role coming along as well. Thank you. Thank you. David, anything to add? I noted the two things Jake said.

When you imagine the next few months, you know the next few months are summer, right?

Yeah, well, next year. I plan on taking as much time off of it.

Good. For me, we didn't receive anything for the second meeting in June, so I don't know. Yes. Okay.

We're here first.

Can I add one thing?

Downstate, they had an ordinance in place that was really good so they wouldn't get the data center in place. And the state overruled them, threw it out, and put it in anyway. So maybe an attorney that needs to look at writing this ordinance because It's been really not easy to hold it under control.

So the issue is we don't get to decide on working on a project like that.

The Planning Commission doesn't get to decide.

That's going to be a project where the City Manager needs to coordinate with the City Commission on a path forward that they're going to dedicate resources to the issue.

They need to talk to Salim.

And so we haven't heard back from city manager. I mean, Dennis mentioned that to me a week or two ago. Still haven't heard back from him.

Just if there's been real complications.

But, you know, this is the way to keep poking in is to keep mentioning it in our comments because the commissioners do read our minutes. All right.

We'll keep poking.

In the meantime, though, if any of you want to do your research, for our project if it comes to the planning commission or recommendations that'd be good because we're going to keep on this kind of path we're on every year we're dedicating six or seven months to updating the land development code and then you know just it sucks up a lot of our time and energy but so any kind of extra help putting it on your own homework.

All right.

Thank you. Yeah, it'll be a difficult road, but I think it's worth pursuing. We saw it happen with horrible CEOs and with the governor just a couple of days ago at that groundbreaking.

But I think it's worth pursuing.