moving on to communications from the audience anyone have anything to comment on that is not on the agenda open up no cable closed that new business we need a public hearing correct and yes ok plan review for a new fence patio area with canopy structure for the sixty six eighth street new holland brewpub is the applicant want to review that just real briefly and then i'll turn it over to the f b i don't want to steal their thunder with the presentation but yes you do have in front of you building included in that would be the construction of approximately fifteen hundred square foot canopy structure and it be their intention to have an outside beverage area his well  as entertainment area in a great area for patrons to sit outside in the summertime and enjoy being outside this is in located in the c three central business district and staff is sent out all of the site plans in ask for comments from the various city departments and b p w departments and you can see from the staff report  there really were not much of any comments from folks we did have some comments from transportation services kind of a typical information dealing with work on the right of way and also some comments for the applicant in regards to snow melting in the sidewalk i don't think that that's a particular issue for you tonight but that's just information for the applicant community a neighborhood services department we do have  there were comments for you and i just kind of wrapped them into the actual staff recommendation in staff is recommending approval of the site plan  but we're actually we're requesting that you have a three conditions there and in actually one of them is kind of a condition which the planning commission will have to come to  a determination tonight in regards to the setback for the new canopy structure off from college avenue and our ordinance requires that that structure be located anywhere between a zero foot setback and a six foot setback and they're requesting that that be set back i believe it's at thirty seven feet set back from the college avenue right of way so there are  four tests so to say or questions that the planning commission needs to review and and potentially allowing a greater set back than a six foot setback and that's included in in the staff  report this is not a variance but it it's i mean it's kind of a planning commission variance but it's not a variance per say so and then the other conditions are two of them are recommending that the school to the design review board for approval of the site patio area and also you'd be requesting a design review board to review and make a determination on the construction materials that are to be used and the second item is in regards to performance standards all properties in the c three district that have flag here for you the noise issue and you may want to explore that or the noise standard you might want to explore that with the applicant tonight we the city does have a noise ordinance and ultimately they are just simply going to have to comply with that you know one way or another so staff is recommending approval with those with those conditions and we can come back to them after the public hearing but i feel wants to say something and then we can let the african through their plan you know if i could just add one point i didn't catch it maybe mark said this these plans were provided to the downtown development authority as is required under the ordinance for their comments  they looked at their meeting last week and they recommended believe it was unanimously recommended approval of this they were comfortable with these plans all right so now we'll they'd be happy to i think we distributed there are some renderings that give a pretty good idea of what the plans are the fence or wall around it is it's big tall it's a combination of arts and concrete and the rationale for your set back special exception is what you think it should be i actually did not read that with really ok i was unaware that there was that step that i came to me as a surprise we have played around with several iterations of how that reform would work and how much of it should cover the area and it played out to be a very convenient spot force terms of service in the parts of the of the construction that needs to be covered and protected the bar or whatnot so it ended up in that into the problem and it does snug up the other two other property lines of helps well then let me do the the elephant in the room here section three hundred seventy four  you assume that's going to be pretty much contained in the building right whatever you do dust particle of matter you can be generating any of that during construction and operation no  to my knowledge we haven't had any issues for the last ten years with it but i've been made aware of or any citations so we're going to kind of proceed with following the rules that are being set and you know some point i think it would be nice to discuss the ordinance and maybe we could leave that discussion to see if there is a possible compromise where you you have some other options available to you relative to a broadcast license that the city manager's office can potentially supply you but i think as an ongoing basis you're going to have the same kinds of entertainment you've been having yes it's amplified non amplified a lot of times it's just a small acoustic set and that's what we've done in the past and it has been an issue we did talk about some sound amping or baffles if that would be helpful up in the structure roofing structure so we want to be proactive and to figure out how to mitigate as much as an artist and you're aware that the noise ordinance basically says it's can't be heard more than twenty five feet away from them and you believe you can comply with all that stuff i do i'm done anyone with any questions i have a question what's the main intent for the outdoor entertainment areas that are receptions or is it for i'm fine or just a more fun itself facing full sun our front patio is covered by rebuilding most of the time it can be cool or cold or maximizing our space just giving us more room for communal tables we do have a lot of different fun events and we just kind of want to use the space  just a few more feet gets a few more feet out and by creating that perimeter will have a little cozier outness fear right now it's you're looking at the cars and so kind of cleaning that up and then just allowing us to see it so more people of summer because our front we built it ten years ago there's always been an intent and it's just as never been fully developed if you talk to your neighbors about it miss neighbors or the renters apartments around you we have and we've been working with hope college on some new sidewalk designs across the back and some more foliage they're aware of the plans and no one's expressed any concern to me directly and i'm regarding it we've had several meetings with the landowners all of them to our no one else that is any questions thanks thank you thank you so now i will open it up to a public hearing anyone who wants to make a comment on this project they are more than welcome to do so right now just could recommend approval of the staff recommendation as presented or do we have to do something separate for the variance to the power do we have to do something and we just adapt recommendation what do we have to do in order to make this happen this mo the way i'm looking at this motion we're not dealing with any changes to thirty nine seventy four chapter nineteen we're recognizing that they need to comply with and we're delegating authority to the design  opportunity to expand more at this location it's a tight spot it's a great spot though and you're looking for you know you're taking advantage of all the options you have for growing there and staying there and really what new done at that corner has made one of the most vibrant corners in this city along with some of the others you know in that area and i think what you're doing here is really welcome i'm looking forward to it as i magine a lot of others are too so thank you for you can't argue with a million dollar investment and you can argue i'm sorry but you know you know you know for the discussion you need to gam so we got to be next yes ok we're not skipping around anymore oh we're going to be under new business letter be your plan determination for the villas and residential approached by a potential developer for twenty five acres of land the up lands area of the former home and country club and they have approached the planning commission effect that presented to you back at your leave was your january eighth meeting presented to you a concept plan for the potential development of the property concept plan showed kind of general how the area would be laid out private street not work other items that also showed up proposed residential uses on the property and i believe that the plan actually haven't pulled up here  single family attached housing units as compared to single family detached homes in those attached homes being in the form of two unit buildings and  four unit buildings and there were few and i believe there is a total of sixty eight should just look at my report your summary total of sixty eight total dwelling units two and four unit presentation and have had a chance to discuss at the end and at your meeting in january really kind of a central item came up in that was in order to potentially look at the the approval of this plan it would need to go through a rezoning process because the existing property is own darwan and only allows for single family homes and church uses and so forth so there the developers vision would not be compatible with the our one or it's not allowed in the our one zone district so they would have to rezone and always one of the first questions that we have to ask when rezoning is is it compatible with the master plan and the master plan for this area and indeed a large you know of course in the hollow nights here area is one family residential and so the question comes up is the developers or this potential developers of vision and their intended land uses of a single family attached is that compatible with our master plan and is that compatible with the one family residential planning district not talking about zoning here but with the planning district and so staff has done a long report here we've combed through the various master plans that we have the how and heights neighborhood plan the the city master plan from twenty years ago et c and staff is is very confident and comfortable in saying that gleaning information from those master plans that we believe the planning commission has  flexibility in the ability to make a determination that that single family housing is compatible with this with a one family residential planning designation in the master particular projects in the city were both the planning commission and city council have determined that the rezoning of the property to allow kind of sing similar single family attached type dwellings are compatible with the one family residential planning designation and so staff is recommending that the planning commission determined that the single family attached housing in this instance is compatible with the city master plan right if you have any questions at all i'd be happy to try to take a shot in this doesn't i guess just procedurally this does not require a public hearing if there's anybody in the in the audience that the chair wants to open up for comments that's certainly at your discretion but you do not need a public hearing this just simply needs a motion and support if you want to do that do we need to hear from me applicant to make this case or are we i would move that we find that this development is compatible and i guess if you don't like some rash no one of the key things that i'm going to kion being a key thing keying on it is to go look at the density and this this particular development has the density that it's typically found at and that is a minimum within a one family development four units per acre and it is of a scale that is  similar to what is found in one family developments and those are my two  right can i ask a procedural question here so how does this how do you keep this in the record so that let's say this development for some reason doesn't go forward and but just recommendations been made all right moving on i don't see this is the public hearing regarding proposed text amendments to section thirty nine dash twenty thousand regarding area requirement in the two highly commercial district in the planning commission applicant summaries that were just real briefly back in this past december the planning commission was approached actually by century lanes bowling alley and they had just recently come out of a denial of a variance request to the z b a at that time and century lanes wanted to well they intend to do a big building addition on the south end of their building there and they wanted to encroach into their east side yard area and you know they didn't need meat that to the test at the z b a level on the in they were why shouldn't this property also he you know the only thing that's different from it is the zoning and it seemed appropriate to bring to the planning commission a level here so so that was really kind of the genesis of this and  really what the what it just amounts to is adding a a section entitled side in rear yard exceptions and it would allow a building to go into the otherwise required yard area if that area is a budding an alley railroad right of way utility easement or public open space and i know that from the study session we're looking to pare down some of those  areas a little bit or actually maybe quite a bit just to the railroad right of way but the notion then is ok we've got this big real road right away it's probably going to be there in a long long time and you know shouldn't part of that railroad right away area kind of serve as a set back area ok so that's really the whole rationale so this this side of your yard exception is allowed in the i want tonight two areas right now and it's recommended that it be amended in the into the sea to district to allow that same exception stows require a public hearing of staff at this point just sort of dawned on me do we know the with that right road right away because this really doesn't say zero such back it's one hundred feet and they're required so back is is twenty five so they got it they go appreciate passage of this text amendment it will have no negative impact on the neighbors other than spoiling the view of the conductor we are going to be able to maximize our use of our property and other people will be able to maximize he said their properties as well and we get to increase the taxable value of our property which i'm sure you'll be happy with and also increase jobs for the city pound so you create consideration build right on the property line that means you're going to have to get there easement to maintain your building and that's sometimes easier to ask forgiveness having ok well having someone having a building that's abutting c s x right away i can tell you some stories or i can take a crack at this from motion here if we want to write another good project and here's a chance to help us out with this somebody said really no document to the surrounding area but we do have a staff recommendation i think there are some areas where we really don't know the impact if we approve at this point so i'm going to make a motion that we amend section thirty nine dash one eighteen parents f and call it side in rear yard exceptions where railroad right away abuts a side or rear property line half the with the such space may be counted as part of the required yard southpoint hotel l o c is looking for a one year extension to the site plan approval that was granted seventeen months ago now to the residents and to allow a thirty room addition to that run ovations or do some reservation renovations to both of those facilities which i believe is their number one priority but they they still want to evaluate and look at the potential of doing this addition and they just s m to evaluate that and that seems to meet our organs requirements for granted in extension if you so desire so staff is recommending approval of one year extension with the one kitchens at the present time you are we are kind of hit or miss on how we are attributing the ordinance relative to what contents constitutes a two family structure  because of how we define it and that is basically if it has an additional kitchen and that is causing some issues and certain applications where people have an assessor a kitchen in their basement  skirting around it right now sooner or later we're going to get caught doing something that's not consistent and i think it's really easily solved i believe we can lift some language from park township and how they do that  and i would i would ask that we take a look at that it's relatively easy text and i believe second second item there's a whole lot of people talking about how ability to collin park from the neighborhoods and from downtown we've talked about it here and know that it's on other people's minds we there is a potentially opportunity just wondering if planning commission to want to send a recommendation to the neighborhood improvement commission who will be determining what that c d g budget is on the third tuesday of this month if we have any thoughts of whether or not we'd like to suggest they consider budgeting some monies for that planning purpose i know that's going to take a little effort on staff part to take a look at what might be reasonable for design charette or for design are what exactly the problems are doing and if it's not doable that's ok but i just wanted to put it out there that there's an opportunity there we wish to do so any additional comment only thing i'm aware of is that the traffic committee is looking at this issue i don't know how far they've gotten into it at this point but they've they're looking at it particularly because of the issue of crossing band royalty and the difficulty like close to ten st one street tenth street in the perth well that's what i suggest that if we wanted to actually hire somebody there might be some funds that would be available and put a bill in that situation so i'm not suggesting we necessarily have to do it at the traffic committee want to do it but money should be budgeted that if there are no monies to be budgeted other all right any other communications from commission members