Planning Commission 11-7-18

001welcome to the November 7th 2018 Planning Commission meeting it's one of our rare occasions that we do a Wednesday meeting so welcome I'd like to call this meeting to order and start with a roll call good evening Commission Commissioner Ackerman Commissioner Briggs Commissioner give Randall Commissioner Mills yeah Commissioner Milstein here Commissioner sauvé Commissioner Trudeau yeah Commissioner Weatherby here commissioner was a full house excellent moving on to approval agenda before us we have the agenda for our meeting this evening do you have a motion to approve move back mr. mill seconded by Commissioner Trudeau any changes to the agenda all those in favor please say aye opposed moving on to introductions to giving any introductions this evening nope all right moving on to minutes of previous meeting we have no minutes for us to review this

002evening and then reports from city administration City Council Planning Manager Planning Commission officers and committees written communications and petitions we'll begin with our city council representative Shrek ermine Thank You mr. chair I have nothing to report in terms of council action because of yesterday's general election the council meeting was moved to tomorrow November 8th be held at 7 p.m. in these chambers yesterday was a general election as I mentioned Washtenaw County had some incredibly high voter turnout nearly 63% of voters turned out yesterday just short of 2016 s presidential election by four percentage points which is pretty incredible for a midterm proud of city clerk for running a fair and free election enabling as many people to vote as possible as efficiently as possible one item of note on our particular note on yesterday's ballot

003to this body was Ann Arbor city proposal 8 which involved the library lot as become affectionately known the prop a amended the city charter to ensure the development of an urban park and civic center Commons on on that property as well as ensure that any public land owned in the blocks bordered by Liberty Division v in William to be held in public ownership this body would have been heavily involved in in seeing the alternative plan pursued while we'll learn more about what the ramifications a proposal a are and the weeks to come I think for now our work on that property is unpossible Thank You mr. Leonard do you have a report for us yes bear with me first of all a quick update on the letter that was provided we've issued we've notified by

004requirement and just by practice adjacent jurisdictions and public utilities and other entities of upcoming intentions to conduct planning efforts one is the capital improvements plan which happens on an annual basis that's not technically a master plan but since we were sending out the letter anyhow I thought it wouldn't hurt to include that information and the letter we also sent out a notice of intent to plan of the transportation plan the city is in the process of starting a transportation planning process that will is intended to replace our current transportation plan which is a component of the master plan just getting started with that the Transportation Commission has been heavily involved in no word and notable to that effort is a strong emphasis on a vision zero approach which is eliminating fatalities and improving safety for

005all users of the transportation system so we'll be a long process that's the first step from a planning perspective but that's been shared with you in a letter this evening also so along those lines I want to give you a quick status update and aware the capital improvement plan process stands right now you would be presented ultimately with the cap one proposed capital improvement plan for the year fiscal year's 2020 through 2025 as you'll recall or maybe not recall from previous presentations that plan is broken down into a series of categories around facilities utilities and service and transportation each of the sub areas of those go through a very deliberative deliberate process first identifying projects then prioritizing them and then going through a programming effort to link the prioritization of those projects with anticipated available

006fiscal resources and look at coordination for example when a road project has done how does that relate to utilities might that might be done in that as well the capital improvement planning teams have completed that project identification and prioritization work on all of the categories the outstanding ones from a programming perspective are heavily involved in utilities active transportation and streets that work will be happening over the coming weeks I anticipate the draft being posted to the city's website around the end of November no later than November 30th we are scheduling this for a working session with you this group on December 11th at your regularly scheduled December working session and gearing up for a official public hearing and consideration of adoption at the January 2nd 2019 Planning Commission meeting so look forward if you have

007any questions on that in the meantime please don't hesitate to contact me lastly or not last I get a request to maybe touch on how the state adopted proposal 1 might impact a lot of work that this Commission has done over the past year keep in mind that please keep some of this with a grain of salt um this is not a legal review of the proposed legislation it's just kind of my first cut at it for those that aren't aware the this is the Michigan regulation and taxation of marijuana Act sort of more commonly referred to as recreational marijuana the Act both accomplishes a lot of things and does not accomplish a lot of things it sets up Authority essentially for any adult over 21 to possess and consume a limited amount of marijuana

008or store a larger amount under some specific provisions in a locked secured place they individuals can cultivate up to 12 plants I believe more more noteworthy as it relates to for a land use perspective is that it sets forth a lot of steps that municipality municipalities can or can't do we can prohibit or limit the number of establishments that are allowed we cannot adopt laws that are unreasonably impractical whichever that means that do not conflict with the act some of those might they give examples in the proposed legislation such as sign restrictions time place and manner of operation of establishments municipalities cannot prohibit the transportation of marijuana throughout through the municipality municipality we cannot prohibit a grower process or retailer from operating within a single facility we cannot prohibit the establishment of recreational marijuana facility

009operating at a location shared with a medical marijuana facility if we limit the number of establishments it has to be done through a competitive process and if the state doesn't promulgate their rules within the specified time frame applicants can come right to the city to seek approval to create an establishment and in that case we have only 90 days to act or it is considered to prove in that 90 days if it's not approved we have to inform the applicant why doesn't meet a local ordinance or a rule that we've established so after if rules are promulgated by the department Department of Licensing and regulatory affairs they will start accepting applications within about 12 months of the effective date of the act after that time period for two years a Class A grower or a

010micro business can only submit applications to the state if you are a Michigan resident micro business for lack of better term sort of like a microbrewery for medical marijuana then a retailer processor Class B or Class C grower or secure transporter can only be applied for the first two years by somebody holding a medical marijuana license and then for a safety compliance facility any applicant can apply once that window opens up or if the state determines that additional licenses are necessary to minimize the illegal market for marijuana to efficiently meet demand or to provide access in rural areas they can accept licenses from additional providers as well within that two-year window and then it also will add a ten percent sales tax to any marijuana that is sold through this process so in short there's

011a lot to happen that is going that we're gonna learn as these rules are developed I think my my initial projection is that they will be closely related with our medical marijuana facilities in fact I think there's a possibility that we might have relatively little work to do with our ordinance depending how close they they're linked but I'll certainly keep you as the Commission updated as we learn more about it going forward mm-hmm and then lastly due to a lack of business and frankly I'll be out at a conference I am proposing cancellation of the working session scheduled for next week on the 13th so barring any course through the course of this evening will be sending out notification of that thank you do we have planning commission officers and committees they'd like to report

012this evening seeing no one I do want to acknowledge that we do have some written communication so please take a look at that I mean you have a chance now we come to audience participation at this time if there's anyone in the audience who wishes to address the Planning Commission regarding an item that is not on this evenings agenda you may do so right here at the podium so if there is anyone that would like to address the Planning Commission you'll have three minutes to address us regarding an item that is not on our agenda this evening anyone seeing no one I will close this public hearing and move on to public hearing scheduled for next business meeting public hearing scheduled for the November 20th Planning Commission meeting include an application for a site plan

013for an addition at Zeta Tau Alpha Sorority like fraternity or sorority I guess I don't know a proposal to construct a small addition at the rear of the house and then we also have a applic hearing for 2001 devarnè Road this is the expansion of the current electrical substation located in that site the petition is by International transmission company for improvements at a DTE owned facility at that location then we have two public hearings for proposed text amendments that have received some blessing by the ordinance revisions committee to move on to full Planning Commission consideration the first is a code to allow to establish requirements to allow mobile food vendors and defines circumstances on privately owned property in the city many of you might think of this as the food truck ordinance and then a

014proposed amendments to chapter 55 article 4 development standards that would provide some allowances for the encroachment of covered front porches decks and platforms into a required front setback and then those are the new public hearing scheduled for that meeting thank you we are now going to move on to item 9 regular business this evening we have three petitions before us the procedure for this evening will be that we will allow the petitioner ten minutes do a presentation followed by a staff report and then I will open it up for a public hearing so our first item is 9 a which is 309 North ashley streets I plan for City Council approval good evening my name is Brad more but jibra have the Bourne Associates Architects I'm gonna do a brief explanation about the project and

015just get back to the beginning of the slides here so here's the first slide this is the existing conditions on the site the project is located in the northwest corner of Ashley and Miller it does not include the corner most property that's a single story building that has been painted white around the outside our property is this l-shaped parcel there are two fairly rundown houses on it and the surface parking lot it's a little hard to manipulate the mouse with my broken wrist this is the lower level the site actually slopes down to the west as you go down Miller so we're taking advantage of the slope of the site by accessing the basement parking level about a half the ramp starts about halfway down from the first floor so we have a very short

016ramp into a basement parking level there'll be a bike room and then normal circulation stairs elevators and mechanical spaces this is the first floor plan no we also have a curb cut on Ashley on the north into the site which will allow access to another garage open the air garage is opened on the north and the west sides a little bit but it's underneath the buildings with a it's covered from the weather the primary entrance to the building will be also off of Ashley here and the Opio patio act right here for the this unit here the plans I'm going to show you tonight show a seventeen unit configuration we're also working on alternate configurations so that we can adjust the number of dwelling units in the project based on market demand so we we

017figure we can get to 24 possibly 25 if we use a real small unit so we're looking anywhere from 17 to 25 dwelling units so this is the next level above grade large outdoor balconies or decks for every unit next floor up now we're above the third floor so there's only one arts requires we step back those floors and so you'll see some additional balconies both on the ashley side here and on the miller side here so here's some 3d renderings this is looking from the south side of miller towards the project so it's looking north you can see the ramp at the low end of the site that leads half a level down to the basement now you can see outdoor balconies and patios this is on the ashley side so here you can

018see the surface parking entrance and then the primary entrance the pedestrian entrance adjacent to it over here and then this is across the street and ashley looking slightly southward and this is standing in front of the parking structure farther south and actually looking north we've kind of go stood in that single-story existing building here so aren't building wraps around it in the two directions and i have our civil engineer here if there's any questions about stormwater utilities we plan to store our required storm water detention on the roof as part of our green roof system so there'll be baffles that hold the required volumes during storm events it'll infiltrate into the media and then if it's a largest revenge it'll overtop the baffles and go down the drain we hope that that also clean the

019water filter it before it gets in with it that's the storm sewer system and if you have any other questions we're here answer thank you will now go on to a staff report mister Bo I'll go get the if needed I can grab the keyboard and flip back over to the PowerPoint but mr. Morris did a great presentation thank you not awkward at all it's a new process so the staff we have reviewed the proposed site plan I would reiterate that the site is a fourteen thousand five hundred fifteen square foot site proposed site plan is for a thirty nine thousand square foot five-story building proposed F IR is two hundred sixty nine percent that includes some premium floor area with the by way of the residential use option there regarding landmark trees there are

020two laboratories on North Ashley one of it will be removed for the driveway no other land row twos are on the subject site but there are some adjacent one of those has its critical root zone that extends onto this site that we have done all the calculations for the mitigation of that tree should it be impacted by the development the tree is not being taken down but it's critical root zone will be impacted we've done the calculations and it will be mitigated if necessary I have noted in the staff report that the applicant has offered to provide by coops and a bench in the public right-of-way an ace $5,000 parks contribution this site also they have applied for a brownfield plan the site is adjacent to a former gas station and the soils underneath are

021contaminated with materials associated with gas stations the site plan complies with all the applicable development review standards the plants have also been reviewed by a variety of staff from departments such as planning the DDA fire marshal forestry and so and so forth and we are recommending approval of the proposed site plan just letting you know if need be I have some street view shots of the site and as you just saw the development team has the site plan and in presentation form and some boards great thank you at this time I will open up the public hearing is there anyone in the audience who wishes to address the Planning in regards to this petition if you please step up to the podium please state your name and address for the record and you'll have three

022minutes to address the final Commission yeah it'll be like 30 seconds I'm Dave Sylvester resided I don't reside if we owned property across the street at 2:09 miller i just curiosity as much as anything as just what's the timing on the project or likely timing great thank you I'm sure one of the commissioners will ask that question when we get to our discussion is there anyone else in the audience who wishes to address the Planning Commission and regards to this petition seeing no one I will close the public hearing and read the motion the Ann Arbor City Planning Commission hereby recommends that the mayor and city council approved the 309 North ashley street site plan and development agreement do I have someone that will move move by Commissioner Weatherby seconded by Commissioner Mills we are

023in discussion commission recommend Thank You mr. chair would possible to get the 3d renderings back on the screen it's a very three-dimensional site and plan so it's a little easier to see based on those thank you I want to start with perhaps the largest question which is around your environmental assessments so the adjacent property was at one point in its life a gas station is that correct and I understand that the tanks are likely still on that property but I was just I knew that at least at the time of the citizen engagement meeting environmental assessments were still in the field and then last time we spoke which was about zoning hearing for that for that property can you remind us of the current status of your environmental assessments and their determination well I'm not

024sure that the tanks are on that site they have done a phase one phase two B ei as part of their process before the Planning Commission I know that they've proposed a due care plan I haven't reviewed that thoroughly to see exactly what their proposed and I do know that I believe their proposal for their site came in in February and went before Planning Commission and I have not heard a word since then what's happening we've been trying to find out but where is in the dark is as you are at this point so I'm not sure I answer that question fully but I what's happening in the ground soil on your property we have completely analysis on our property yes yes we yeah I'm sorry great thank you could you speak to that sure

025our site is contaminated we have done phase 1 phase 2 B EA and twice going out and do it done initial additional analysis on the site with additional soil borings the concentration of contamination is mostly on the South portion of the site which would be directly behind the old gas station we have found contaminants down to 15 feet and so as part of the EEA she's making it's part of the brownfield process which we've met with city in the county we are proposing to basically dig down and clean up our entire site our our footprint of our building does not quite cover the entire site in fact on the Miller frontage were set that 15 feet but we have offered to go all the way out to the street and go down as far as

026as necessary we think that could be 18 feet so that essentially the entire site we would be digging down and cleaning up to do that we're proposing basically on the entire boundary of the property doing an auger cast pile system which means we would be as basically be drilling and filling concrete obviously we can't be at the sidewalk or a neighbor's property and goes straight down 18 feet without some sort of soil retention system we'd kept cadence so where we've had working with the geotech company and starting philemon engineering on how we would do that as far as excavating but that is that is the current plan is to dig down and remediate and remove all of the contaminated soil on our site understand so you've detected down to 15 feet but could be as

027deep as 18 feet because that's that's correct okay and do we have any sense of how I mean is it to your property lines to the north and west does the contamination extend all the way to those property lines so is this a regional environmental consultant here to answer some of these questions and again that's why I believe the tanks have been removed and this is contamination that has happened it's not something that we we believe is is continually ongoing in in a major way today but the the contamination that leaked on our property appears to be contaminated directly to the west of that gas station building the soil borings that we've done we've taken sweater borings we took three in the street right away they were fine there was no contamination there we took

028several to the north side of our our site and those were also good so the main contamination is basically directly behind that gas station building directly to the west it was where that sort of plume I guess you is what you're calling is and so that's what we know so far the natural gradient is from Ashley down to first to where the historic Palin Creek was and so that's the path for surface flow and subsurface flow is due west okay and I understand you're not the cause of the contamination nor can you clean up other property owners properties I just this is the best opportunity we have to better understand you know a public health concern so I appreciate the information could camara Mike could I jump in on so since you reference the other

029petition I wanted if I could maybe just add a couple more points to that as you'll recall from the other petition we were we'd receive conflicting testimony in the consideration of that petition as to whether or not the site was appropriate for use or inappropriate for use you had directed us to do what we could get some sort of determination in that regards from the Department of Environmental Quality who is the state arbiter of such decisions as the petitioner indicated they we we have not we have not received that documentation but it is anticipated that that property owner owner is going to have to follow some some the due care requirements that is the state mandated requirements that they do not operate that property in such a way that would exacerbate the contamination or caused

030any threat to public health I think that the primary impact to that site is going to be some to the primary result of that is likely going to be some removal of source material and some mechanical system to ensure that there's no vapor intrusion into that building as part of any residual contamination for that site but I think the petitioner did a great job in summarizing into your point they are excavating basically within the full dimensions of their property the source material where it's been indicated again it's not the full extent of their property but it is from east to west property where that plume has indicated in addition I wanted to make it sure it was clear that the auger past auger cast piling wall that was referenced not only is going to provide

031the physical ability to do that excavation and in close proximity to the right-of-way and adjacent properties but that will remain and it will be applied with a surface to provide the same vapor intrusion protection to this building and any future occupants similarly to any treatment that might have on the adjacent property so so it's a couple more to your point of sort of the the global picture of what's happening I appreciate it and could you remind us of the address of the neighbor where the source material may be it's 202 Miller I believe 202 and then this is this is 309 this actually is the one where we're discussing - right okay so just there are a lot of these involved so I want to make sure we're discussing the right yeah party certain to

032clarify the Miller property we'll be removing source material and likely putting in place a shield to prevent further mine spread again nothing finalized yet but I am anticipating that ultimately the Department of Environmental Quality is going to communicate to them that they are they have due care responsibilities just like this property owner has for this property I believe that they will we have not gotten that final approve final share confirmation we haven't gotten their final response to that but based on preliminary conversations we've had with them it will involve remove some removal source material I don't know all it generally will be a less volume than what's being proposed on this site and the installation of a vapor mitigation system in their building to ensure that that building is safe from any remaining contamination okay

033again all speculative we haven't got any of that confirmed either by that petitioner or DEQ but that is conversations that we've been part of so I haven't comfortable sharing the sort of progress along those lines understood and as the plume is moving from east to west towards the Allen Creek what is the sequencing of our Miller property in removing their source material and the sequencing of the petitioner tonight in removing theirs they'll I don't know this specific timing or if there is an impact they will both be independently conducted most likely if I had to speculate I might guess that the 202 Miller could potentially happen sooner because of just the level of approval of that petition stops with the Planning Commission as opposed to going on to City Council but it again if this

034project moves expeditiously it might be able to move to demolition an excavation relatively quickly as well so I don't know for sure which would occur first but once the excavation happens on this site rest assured by its it's in their interest and by their plan to ensure that if any residual contamination exists through the use of that wall and applied surface it's not going to further impact this property any further I don't know what that means to the right of way or other directions but I would say and again I'm not an environmental engineer but they were dealing with a lot of source material on this site and I wouldn't be surprised in fact that there's more source material on this site now from the migration historically then on the smaller site to the east

035okay so more on the ashley site then on the other side yeah I understand detective okay lady so I appreciate the background the history and what the current state is I'm curious as to how the contamination you have interplays with your stormwater management plan so I I noticed the the Green Roof facility can you just talk through stormwater management and any interaction it could have waited tration or i believe i understand it but Kathy can correct me if I'm wrong so our storm waters is being held on there on the roof and then as it finds its way whatever overflows finds its way to the roof drains but then goes into the city's storm sewer so it doesn't pass through the contaminated soil going from the clean rough material into this storm suit so hey

036we wouldn't have any contaminate it's a lesson I have to do the remediation and be it's not routed through our soil let's run it from the roof into the storm okay thank you and are you required by storm water regulations to history it's the 72-hour window or right now are you required to go above and beyond 100 percent of we're just doing bankfull so we're not doing the full hundred years volume okay I'm not sure that time we can discharge into the sewer after their rain available so we're less than 15,000 square on being so it will all be stored on the roof there is an overflow and there's a structure outside of the building before the roof drains flow into the city system it has a baffle in it that controls a release rate

037so that we're meeting the requirements for the bankfull and not exceeding the release rates that are allowed okay thank you [Music] I'm curious about the curb cuts but I think I'll defer to other colleagues for now and I have imagined someone else will bring up curb cuts as well mishenka Brandel I will bring up curb cuts but I also just want to understand a little bit more about the stormwater um so first of all I'm really happy to see you all employing the green roof I think that's great it's gonna function for you on so many other levels too in terms of heat island for the city and insulation for your building it's huge actually and I wish more people did this and I know you kind of have to because you've got these contaminated

038sites but I would just encourage you for the future that like I really love seeing this that people are doing this because it meets a lot of our sustainability goals in other ways so kudos to you for doing this I know it solves your problem but I think it also solves some of our other larger problems for which we don't really have regulations I'm curious do you is it like a six inch what is your what does the roof media because like the 3 inch doesn't hold a whole lot of water the 3 inch section what tell me what you guys are using I'm just curious to see how you're and I'm assuming here you're doing the 1 inch like the first flush I presume you or thankful thankful in the plans there was a

039detail on the the detail sheet that showed it I believe we were starring four and a quarter it's the depth is the depth is the depth of the media that will be on the roof okay one thing to consider is that um with some of the droughts that we've had over time it's somebody who is designing some of these things there can be portions of them that can die because of the drought that happens and so it would be great to hear about any kind of for all the other kind of vegetation stuff that comes to the city you're guaranteed to you know if the tree dies you need to replace it what kind of plan do you have in place in terms of maintaining this over time to make sure that it stays alive

040because a lot of the work that is doing in terms of cooling things and storing things and stuff like that it's not just the soil immunity it's the plants working with them too and I'm just wondering if you all have a plan in place because that's somebody up there it's either a rail or somebody that's tethered in its deal you know so I'd just be curious to know what your plans are for the ongoing management of the green roof to make sure that it's functions over time so it's not a tree in the way that we can see where their tree dies or not it's gonna be like you know Google Earth view of oh look there's a brown patch it's not gonna happen in the same way so I don't know if you've been

041up to the green roof we did I'm not big George's mm-hmm but we always put hose bibbs on the roof level because for the first year or two it's a good idea to keep watering it so it gets well established as you know we plant the trays with a variety of different sedum species here because some are going to love it up there and some we're gonna like it less and manufacture that does the installation comes up with a management plan which will be part of the condominium responsibility to maintain that road according to the manufacturers installers okay yeah that's that's great so getting back to the curb cuts though I noticed that that northeast corner is all paved and I didn't hear any mention about dumpsters or anything like that and just seems like

042there's a whole lot of pavement there and I'm just wondering what what's going on with that area I didn't see anything in terms of obvious like that's where exterior bike coops are or whatever I just would like to know what the plan is for that I see some scenery kinds of things screening something but it doesn't seem very clear it doesn't look like it's over your main contamination area so I'm just wondering what what you have going on over there so you can point it there's the driving a partisan and there's other areas that aren't during the yeah during the time we were designed this project the solid waste people came up with a new standard in terms of how much space and clearance and turning radius is that they need to have for their

043trucks they they do not want any more situations in town than they already have where a truck during its collection period is securing the sidewalk so they want to be able to pull the truck completely onto the site and then they have new dimensional guidelines requirements for the amount of area the truck has to sit on in the amount of vertical clear distance that the truck needs to tip it so what will happen is that the rollerball 4-yard recycling and trash dumpsters which sit in a corral will be rolled out and staged here so that the truck can pull up tip then back and continue on its way and then the maintenance person knows that so that's why it's there I think you'll see a big impact in a lot of the facades of new

044buildings in downtown because of this yeah I'm either of gaping maws in the front of the building or these kind of landing zones sir way to extend some of the green you have a couple of things there but the way the movement you were describing doesn't mean that the truck has to kind of go over I'm just wondering if there's a way to sort of extend that that green because there's not a lot you know that that far end has a according to your elevation here has a couple of you know little windows up but it's not like it's some big place where the public is going to meet interacting with people you know in the building so since it's kind of a blank facade over there in that corner is there a way that

045you could bring the landscape you know across so that we don't have to gaze into more impervious surface than is already there or is it part of the truck movement that you need that clear no go over to the other side yeah is there any reason that can't be extended there so that it can just be a little bit more green from the street side in terms of you know just a little less pavement that we all have to we can't plant anything here these are planters I see so those those are planters or planters that we could extend down here I see so because the building extends over the top of them is that what you're saying the lower level grass oh I see takes up the whole footprint there I get it okay

046forget it I get it I get it okay all righty um let's see what are you predicting in terms of the market like you were saying depending on what the market like are you thinking that it's gonna be bigger units smaller units like what what what what are you seeing right now are you leaning towards one thing or the other in terms of how this can play out well the last three projects that we've built in this area we've started with a pretty much even mix of smaller and larger units and we've ended up having to combine units more often than not so when we went through when we admit initially submitted this project we did have some more unit a larger unit mix in the building and then we had to move the ashley

047facade back seven feet four because of the whole solid waste issue so we've redesigned the building right now to be flexible and we don't know but we're ready for whatever you know comes our way we have the ability to sell 900 to 2500 square-foot units and to have a mix that is equal of small and large or more large which is good because right now I feel the market is softening a little bit i as some Realtors I talked to say it's a stable but flat and interest rates are rising and so we don't know what's gonna happen when we start marketing this so to us saw being able to be flexible in the the size of the units and potential price points is is the biggest win we can have going forward okay thanks

048what's your mils I'll just follow up on that then so the 17 units are the 25 like when you we have the number of 17 that's the 2500 square foot units so at 17 we have units ranging from 1,800 to 2500 square feet this building is designed such that the floor plates line up four units per floor and we've already gone through the process of designing essentially each of those larger units could be split into smaller units now we didn't necessarily split those straight down the line for example on our north west corner of the building what I call the C units it's a 2,300 square foot unit and we we already have it reconfigured to a 900 and a 1400 square foot unit so essentially that would be if those old split would be

04917 to 21 units and right now we we've worked on enough of the units we could be 17 to 25 which allow us to be from 9 900 to 2500 square feet so we're really we'd like to pre market as much as possible honestly from this point forward once we get through City Council the time it takes to get construction drawings done permanent unbidden done which is kind of a nightmare with construction process right now next summer would be our earliest start date so we have a nice window of time to begin marketing and we want to do that as soon as possible and and see see what that tells us got it thank you one of the questions that I had on my list I will ask about project that's that's my list too

050but had to do with the parks contribution and it was pointed out that the parks contribution according to our formula like at least what is being suggested right now is half of what the parks contribution according to the formula is and so that formula though was based on the number of units and so I'm trying to figure out like what that is either way if we get more units than that then the parks contribution as we calculate it ought to be more than what is you know the ten thousand that's currently in there so I'm just curious about why why right now the plan is not to provide a parks contribution equal to what our formula calls for the perks contribution also allows you to account for furnishings that you're providing in lieu of the

051actual dollar amount being contributed so we are providing bike hoops and a bench out in the right-of-way and so that is also factored in as part of the parks contribution so it's those items plus the dollar amount got it come to a total value of the whatever the calculated was for the 17 minutes does the city set what the what each bench in each bike hoop is worth in that parks contribution because no that just seems like a really expensive bench and bike coop well it's the bench the bike hoop the improvements that we're making out in the right-of-way which you my last parks contribution for North Main Park at $14,000 got us a tire swing so I mean we don't we don't set these and we we go along with what city staff tells

052us to do and I like the reason I stayed up here is I thought you said it was based on unit count I'm not a hundred percent sure while I was gonna say is if unit count does change the engineering staff is pretty diligent about that we've again also be our fourth project we're a unit count has changed for the project which has changed certain formulas as far as footing drain disconnection cost and other fees they're due and that all gets wrapped up and and and figured out and paid for before they started to us any see of OHS yeah I was going to say that that I guess is a question for staff is if the unit count changes from here to there does that will that be changed accordingly because it sounds like

053this is the floor of the unit comp that it would only get more and and I'm happy to bring more residents down it's just we have a formula based on what every residents ought to be contributing to the parks so that we maintain the right ratio so if you can tell us how it works we typically do not change the contribution amount the contribution amount is usually a number based on the proposed number of units there's an amount that is requested and and developers typically say yes or here's an alternative that usually goes into the development agreement with that number so we don't usually follow up with any changes it's also somewhat rare for unit count you're talking about all the projects that we do it's somewhat rare for the unit count to flux I

054think we take it as if it does change higher or lower we we don't go back and follow up with those that's not to say we couldn't change the amount the development room it could be written a little bit more flexible also it is a request it is a request and we also recognize that some developers say this is what I propose to contribute and we typically also say thank you for that as well aspect so it this this caught my attention in reading the staff reports just that that what is being requested or what is the recommendation what is the request based on this formula and what is being offered right now is different and so especially knowing that the number of units increase and so that differential is going to be larger I

055would encourage that the monetary contribution to be increased to make that less or make that more balanced where is the perk bench I look I mean I've walked by this not as much now but used to all the time so which side of the right over is it a Miller and Miller there's a bus stop there her that's where it's at super great placement and that makes me think too I really appreciate that on the Miller side that there is a grand Fleur unit and that there's some presence there I think that is really great like that that Street gets used by pedestrians a lot and having that be pedestrian scale and not just all you know entry to the garage is really fantastic so thanks for having that patio there it'd be great if

056there were front door there too but you know okay get everything you want can you talk to us about project timing what you were planning on if you get through us tonight what's your ideal timing as soon as possible and the reason I say that is we just learned that we get through here tonight and then we go to City Council we get approval there we're the schematic design phase everyone's super busy it's taking us twice as long to bid projects than it used to we have to get through city council make sure our architect and engineer are not too busy have them complete the plans and then bit I want to get in the ground in the spring but I just don't know if that would be May 1 or July 1 at this

057point we talked about we actually had a meeting a month ago talking about how to how to fast start projects and we've done that before where we don't necessarily complete the construction drawings on the whole building but we do what's called foundation only unfortunately a lot of the structural design has to come top-down so with there's a lot of people involved in that process we have to essentially have the structural engineer complete all their calculations then get the foundation design done at that point we go to the city and pull the foundation only permit and go so my goal is still to get in there in the spring there's no we have no reason to delay but it'll be up to just getting getting all the ducks in a row so to speak and from

058the time that you start how long do you anticipate it taking and the and then the second question is how long will the sidewalk be closed right I don't know the answer to that question yet because we have to get into that when we get into sort of the pre-planning or pre-construction phase how long that will be these buildings are typically taking about a year and a half to build so if we were to go on the ground in the spring we would be starting to move people in at the end of 2020 we have two sidewalks there I think our main construction access is going to be Ashley Street and that will be the sidewalk and possibly a lane closed for most of that project whereas Miller with a steeper slope will probably keep

059open as much as possible plus we have the bus stop there right okay thank you yep it's your honor just for reference quick calculation that the distinction between a 19 unit development which is what the original calculation was based on and 24 units would be from the 19 was 11,000 875 applying 24 units would increase that requests a contribution to $15,000 so that gives you a sense of the scale of difference Commissioner so they are just reading through Design Review Board comments and then the kind of reviews comments back and then the renderings presented tonight I'd like to get some clarification on some of how that was followed through on one was the one consideration when it's considered folder called accent colors and be careful not to overuse brown tones and then the response letter

060said that was suggested to change the light gray panel material to a wood tone so as part of the design review comments it said no brown tone and it converted to wood and then it looked like the rendering here this evening was a bit more darker in tone so could you speak to what is proposed at this point the material palette filling that had brick base Nenita cement Isha's panel siding and then a corrugated metal above that and so we've replaced the corrugated metal with a project a product called wood mode which is a synthetic wood product and it has a richer warmer orangie brown tone to it like a cedar siding would have except it doesn't have the problems that cedar has with the carpenter bees you know burrowing holes and I kind of

061stuff in it so it adds the warm tone of wood having an orange e red brown tone that replaced the gray metal siding those so just like so and the elevations that we have in the renderings that were provided tonight are matching and we are going to a brown top after a design review board request yes mr. Moore if you could just speak into that I don't know if you know but we moved to closed captioning so if you could speak in the microphone for the service so for example this is the two dimensional output of the same three-dimensional model and and you can see here that it it renders you know no more warm orange tone than it does on that computer rendering so it's just it's just a difference between the output devices

062and whether it's rendered in two dimensional or three dimensional products so the Nietzsche is citing is below the wood tone on the top and then the base is the brick we have a few places where the brick rises above the base but the idea was to have a pedestal of masonry and then layer it as it goes up in the brick color it's medium iron spot so it's a purpley orange okay uh whether any other explorations done with facade tones after that design review board meeting we looked at both scarlet and gray and maize and blue and decided against Touche I mean there there is a concern for me with this we've had discussions about Brown buildings in town and when we start to think of the city as a pallet and we talk about

063public or private nuisance a visual nuisance of consistently Brown five-story buildings in town depending on your opinion could be a visual nuisance and so I think there was a there was a heavy request in very direct clear requests from the design review board for tones and not brown tones and so yeah so we're trying to design the nicest building we can design here and at the initial design review board meeting we had basically corrugated metal is the is the top of their building very similar to what I just built on 410 North first Street the darker material is an itchy a cement floor panel and so we took design review board to heart however ant design review board that was a little bit of a tongue-in-cheek comment they said Oh God don't give us another

064Brown building and and I don't really think that we're designing another Brown Billy in fact what we've done is is essentially trying we've looked through a lot of new modern buildings being designed and come up with the essentially upper floors to look like a high-end wood product with it has actually quite a bit of variation in color it's not just a straight painted Brown panel so I think the in my personal opinion and obviously everyone has a different personal opinion the variations and the colors and we've worked with a marketing department for last six months on this also between the flying buttresses we have on this building and the niche gia and the brick base and the the would look alike and the reason I call it would look like which is actually a lot

065more expensive than just to do actual wood for longevity purposes I personally think it's gonna be a very attractive building another plant want to bring is the we didn't just do just applied balconies on this building we're not just designing a box and hanging balconies off the side we have a lot of articulation every single facade with very large patios so once the building is built in 3d I think it's gonna look a lot different than buildings you've seen downtown and I personally think it is gonna be a very attractive building but again just my opinion I'm just saying it for the record because we have had the background discussion before and for it to recur I don't think it's tongue-in-cheek so Commissioner whether me can you describe a little bit how the east-facing facade

066or the east facing side right now it's looking out over that one-story building but there's no guarantee that that's going to be a one-story building in the future so one of the you know kind of recurring problems we have is you build a building and you sell of the condos and then the people who come in next are really upset that there might be a building built next door to their condos so how are you these buildings are quite close together how how are you have you thought about that it looks like there's balconies that look right hundred percent okay when I when you say the the east facing facade I'm assuming that's the the facade behind those one-story gas station building a case right so the way those are what I would call our

067eight units and in the way those units are designed are such that they've actually front Miller so that unit is sort of a long narrow unit with its main balcony and living space fronting Miller the windows that you see along that facade are our bedrooms which many people downtown are you know keep blinds on anyway the other thing we did on that particular facade when I talked about not just hanging balconies off the side is in that corner we took that back into the building another 10 feet 12 feet and have an actual covered patio off the master right there that is a eleven by fourteen so similar to what you know many tight buildings do in bigger cities is we didn't just build to the proper line right and go straight up now we're

068offset we have the main living spaces looking out over Miller and on that facade we've carved out of space so if someone does go up its you're not going to be right on that blank facade you're gonna be offset and you actually would have a nice private outdoor space off of your master bedroom even if something got built five stories there okay great thank you okay commissioner brakes as a different perspective I'm I actually don't have the UM the concern about the brown beaten buildings that some do I think this is a nice facade and I think it's gonna be a good look for the hood the Carey town area so I appreciate what's being done there and the neighborhood I was curious if you could just talk a little bit more about circulation around

069the building in terms of is that space that's designed for the garbage trucks intended to serve double duty for like an uber and lyft drop-off or kind of some of those bump outs is there where's the bike parking gonna be placed as their bike parking internal to the building as well just some of those elements around circulation well I'm not sure that we designed that that space for uber or lyft pickup or drop-off but it certainly would be a great spot for it as well as any other service or delivery vans that came in we do have a large bike room in in the lower-level area so beyond that I'm not sure how much more information I can give to about circulation again the building was designed on a ashley is much flatter Miller's got

070a steep slope there so we knew that we had to initial working with the city staff and and saw the ways design that to be the pickup point for trash so I know you have anything to add on that it's also the circulation pattern for this level of party here so there will be some there's some comings and goings from these parking spaces here but it could easily serve as one of my concerns when we had when we ended up doing this revision was that it'd be problematic in a in a situation where we have this now trash pickup point right next to our main entrance and all that pavement and conflict and so on and being really relegated to doing planters but we looked around it I guess for lack of better urban hotels

071that have this sort of similar situation where people are pulling in there's a lot of car traffic you slow the main entrance to the building and that's kind of what we were trying to design here a nice a nice facade a nice entry for for the residents there even though there's so much hard scape well the pavement look different there at all I hats yes what is our plan for the pavement in that area right now it's it's proposed to be concrete we're a little limited because as I said before the garage level the lower level is underneath there so the section we can put on top we're a little limited with what we can do we did put in the detectable warning strips to kind of delineate where pedestrians should be versus where cars

072are at the entrance and of being colored or textured differently than the sidewalk so it's not just that brilliant white you asked about the bike room there's a bike room configured a lockable bike room configure down here in the below grade basement it has 19 internals parking spots in it and then there's an option for the condominium purchaser to get a single or double stack spot in front of their parking garage the parking space in the garage as well so that the example places for bugs so I just want to add to what we were saying about the outdoor space that that area also has to be able to take the turning movements of a garbage truck so putting pavers there they move around and so if we were to do anything it still needs

073to be some sort of concrete we can maybe color it or put a little texture to it but you know we're a little limited on the material that we can actually put there because of the turning of minutes that it's gonna have to be able to stand up - yeah it seems like maybe something interesting could be done with color and I mean I would suggest that you might want to even advertise that as you know put up a couple signs that say you know temporary lifted uber or you know temporary drop-off you know I've been discussing this recently with uber and lyft drivers they they're they're noticing that some of the buildings are easier to drop off at than others yeah honestly we're getting into some details we just haven't gotten that far the

074design yet so I appreciate that the comments because the goal is to not only have a safe building but the most attractive one we can't for that entry Thanks Fisher woods area can you talk a little bit about how the building's construction will will fare in terms of noise and here I'm thinking about the fact of you know it's not being that far from railroad and trains going by that sort of thing it's about that is there some standard that you pretty much have to adhere to or because I I live fairly far from here and I can hear the trains going by at night and there are other other parts in the downtown area where people kind of talk about the trains and the whistles and I'm thinking this being fairly close to the

075railroad I'm sorry so it's not the construction noise this actual post construction for most constructs yeah well we have not had a single complaint about em noise from the outside because you do hear things such as the trains or ambulances or heavy traffic I just moved into 410 first Street so I live across the railroad tracks and I have two facades that are all windows and I really don't hear that much it's a brand new building it's steel wood frame and I haven't had any issues like that myself at all in fact with the type of construction we're doing with a 2x6 wall and the insulation I'm thinking it might take my furnace out because I haven't turned it on yet and at the coolest that it's gotten a 72 degrees and in my unit

076even with all the windows I have so we don't go through a LEED process but but with the quality of materials were used in the cloudy and the type of windows we're using we seem to be we seem to be hitting it right as far as the the quality construction the price points so I can only speak actually as someone who lives across there from now because having moved 23 times in the city of Ann Arbor and having lived in seven old houses when my house used to shake my first house at 543 first Street and where I live now it's solid as a rock I don't hear the train at all okay and the building does look nice I don't have a problem with the grounds either and I was going to vote for

077your project until you indicated that you just said thumbs down on maize and blue I kind of did it for me but maybe you can do something with the color on the inside sounds like plans right Commissioner tree down so the questions I had my only question is about parking you're required ten spots you provided 34 I'm just curious what your calculation was there in terms of hitting that number so so that's sort of an internal business decision that we've had since day one when we started building back downtown in 2004 going forward that larger units essentially our parking ratio that we've come up with it works well for us is about one parking space but one thousand square feet of living space and so it's 17 units all larger we we felt we needed

078to offer 34 parking spaces on this the thing that's nice about that is if we do split units if we ended up with splitting every single unit and do smaller units we'd be able to give one parking space per unit so the ratio doesn't change and that's just how we've gone into every single project parking is is expensive downtown people who live downtown you expect to drive less but we just feel from a marketing point it's it's extremely necessary for us to be a law for that kind of ratio because of our environmental contamination we had to take out the dirt anyway so rather than bring you back more dirt we used it up use the volume and and for the record I don't mind the brown either all right so I have just one

079brief question um in regards to the brown mr. Maurya you know my feelings about that so I won't say more than that thank you for making our city brown but please stop with regards to the elevation so currently what we're looking at from the exterior is how many units just because if you all of a sudden are going from 17 to 24 25 units how's the exterior gonna change from what we're looking at the elevations today my clients love to impose criteria like this design it so we can change but not change the exterior so in the way we've laid out the potential for the subdividing units it only involves shifting windows not eliminating windows so we might have a bank of windows say that square windows you see in there that would shift a

080foot left or a foot right but we wouldn't be wholesale eliminating windows or punching openings how about balconies again the balcony we the goal is not to change the exterior volume of the building even though we rearranged the interior we actually did this on the gallery which we got approved a little over a year ago my clients there found out that the demand right now is for a slightly bigger units and they had planned that so we ended up combining units but again the goal was not to have to change the exterior and we shifted windows a little bit left and right but and changed the material of effect of what the way the building would I believe every single unit currently has two balconies at least and our initial plans where we have some

081smaller units splits facing Ashley we have the large patios on the north and then all the belting station ashley and the way the units split one got one line got the other on the current plans that we have which is on the backside is it's very similar off of the as I mentioned before off the Masters we have large covered patios and then we have the large living area patios also our current what I call a sea split into a nine hundred and fourteen hundred square foot unit it doesn't change the exterior at all one gets one balcony and one gets the other at this point and then I had another question in regards to so the building at 202 Miller let's just say down the road it is developed this is something that you

082would be putting in the master Needham bylaws to disclose to potential buyers that there could be another building built right adjacent oh no because we're not building to our property line so we would never have to close up any of our windows our setback is far enough that that's why we have even on that setback east side those large windows once you get beyond five feet on a property line you have different building code restrictions on the amount of glaze and you can have and when you mention that building I mean it could happen on the north side and it could happen on the west side so again having been building downtown and single families up to billions of sighs that question always comes up and we're always honest we don't know what will happen

083in the future and and when it will happen but I am but we don't typically build to the building setback lines we're typically 5 10 to 15 feet away so that if ability knows bill it will certainly potentially impact a view but it would never block we'd never have to block up a window Thank You commissioner Gabe Randall kind of going down that road a little bit further let's just say as a hypothetical that the corner property the DEQ tells them they have to dig up their whole site and they're like I don't want to do this if this site were to become available would you change your would you acquire it and change your whole thing or do you want that open like what does your what would be your endgame if that thing

084because it's sold dicey with what's going on with the DEQ and what they'd be willing to actually do because they can just move in and sell their stuff then that's one thing but if they have to do some serious serious remediation they may be like this is just too much work what what would you want that endgame to be if that were to become a 1 to 2 story retail building new we you know we thought about that when we started designing this if we had a nice square site it would make underground parking easier other things but we're to move far enough down the road you know we start getting let's say six months down the road we're ready to go construction drawings are done we take a hard look at that and and

085I think it would be a great spot too in fact we talked to the owners I just didn't get very far like we'd be happy to put a green roof on your building be here but no and so if that comes up especially when we're marketing to people that that would be our goal I think would be a great spot for a small kind of like I think that was in on the plans for the parking structure maybe have some small retail along there too that would kind of be the goal for that spot right there okay so this is kind of winding back around but as I was thinking about this for the contamination if if the contamination does when you find out that it goes farther west will you also be doing the

086barriers all that you know it looked like the barriers were just kind of on the east side will you be well the the natural ground water or not ground works we don't have ground on our site sorry the natural way that the site slopes it's it's it's highly likely to impossible that it would come back uphill right however because again we're building to our property boundaries we have to put in this barbed cast pile system around the entire site so that essentially is going to is going to ring the entire perimeter of our site okay and then you talked about construction noise so construction noise for those any time you have the word auger it sounds a little ominous for construction what what is the construction noise do you think I mean there's gonna be

087a lot of taking materials out but well actually in this system it's not a it's not what we're driving piles we don't do that it we drill so you drill and fill so it's a lot less noisy than seeing there and listening to 195 piles being driven in the ground okay further discussion commissioners today one last one it's not about being brown but it is about north ashley in the condition that it might go to two way does the the trash turning radius or any of those drive approaches because the curb cut is asymmetrical for that loading has any of that been kind of worked out or are we assuming then in the future if it goes to two-way yes in fact the DDA went into this plan assuming that that's all gonna happen so

088we've been working closely with the DDA the beginning both Miller on the streetscape improvements and Ashley that it is going to go to a that is it to a in front of ours and so that's with that trash direction same spreading throughout it we were all ready to weigh in front right yeah Thank You mr. Mill's just my quick follow-up given the math that mr. Lennox so nicely did if it were me just to not raise eyebrows I would make the cash contribution of 10625 which is 417 units and use the park bench and the boggy coops in the right-of-way as your buffer in case you end up with more units than that to meet the contribution that's just my two cents worth that's fine I have my Amex card on me I don't know

089how to do that again this is this is a this is a big project that type of dollar amount is not a make or break situation we're more than willing to to do that contribution I mean I live downtown my kids live downtown I joked about North Main Park that's because they live on North Main Park and they are involved in that tire swing so you know we have no problem making that that contribution if you can make a potion that that parks contribution changes I'm certainly fine with that we we can ensure that it's updated when this project progressed this to City Council thanks further discussion looks like we're ready for a vote all those in favor please say aye aye opposed it's proved thank you moving on to 9b 37 86 and 38

0900 to plat Road rezoning with area plan for City Council approval we will start with the petitioner the petitioner will have 10 minutes to present their project before us then we'll move on to the staff report and then a public hearing good evening Adele sorry a.m. consultants basically we're requesting rezoning of property from our 1c single-family - R - a - family residential district the existing site is 1.6 acres located on plat north of Ellsworth about half a mile north of Ellsworth so the originally there were two residences single family residences there and they were demolished about two years ago so now we both residences have had their own Drive approaches separate approaches what we're proposing is basically just two duplexes and one shared access in the middle so the area that we're occupying is

091open area the line of trees I don't know if you can see it there's a line of trees it's behind so we're not disturbing any trees and there's a floodplain also on the west side of the property and we're not disturbing that either so and we're planning to meet all the required setbacks by the zoning or this right so you have any questions okay thank you we will now head to thank you the petitioner mentioned this is a rezoning for two adjacent Lots totaling about 1.6 acres from our 1c single-family residential to our to a two-family dwelling an area plan is required when an amendment to the zoning map is proposed the purpose of an area plan is to demonstrate that the property can be developed consistent with the requested zoning classification and you can

092see this area plan does show that two family homes can be developed there at one point their site plan was considered for a larger development but that has been scaled back and a a two-family home on a property does not require a site plan approval and so therefore we we have pulled it back in it's an area plan that is being proposed and shown to support the r2 a zoning both Lots meet with an administrative land division to clean up the lot line both Lots will meet the dimensional standards for the our 2a district I would point out that the master plan actually recommends public land uses for this area of plat road that less site-specific land use recommendation predates all staff at City Hall the the conditions in the area have changed significantly since

093that recommendation was and staff is recommending deviating from the plan we did double-check with various departments including our Parks Department as well as University of Michigan there is no public agency that would like this land so we are I am acknowledging that we are recommending deviating from the master plan the the density proposed the density that is proposed with these two homes is less than the is less than than an ideal density however there is room for future development that would require a site plan but this does not preclude any additional density in the future and so staff is recommending approval of the rezoning and supports the area plan to demonstrate compatible development thank you at this time I'll open up the public hearing if there's anyone in the audience who wishes to address the

094Planning Commission regards this petition may step up to the podium state your name and address for the record and speak for up to three minutes seeing no one I will close the public hearing and read the motion the in Arbor City Planning Commission hereby recommends that the mayor and city council approved the three seven eight six and three eight zero two plat Road are to a two-family dwelling district zoning and area plan condition upon approval of an administrative land transfer do I have a Commissioner that I'll move move by Commissioner survey seconded by Commissioner Weatherby we are in discussion Commissioner Mills thank you very much I am normally super skeptical of area plans I don't like them because you then can rezone and you don't always get what you see in the area plan so

095I want to make sure I'm understanding this first so if we were to resume this tonight to our to a what is allowed by right then would be to build a do to be to build two duplexes so long is that that split is done appropriately is that the max that could be built without coming back before us well you can see in these graphics here the pink lines are the parcel lines and so the aqua toothpaste line outlines the site and that pink line in the middle that's not directly down the center so that it's quite offset so the proposal is to do a land transfer to just straighten up that line okay so that that's partially addresses one and then to decode it provides an exemption for when you build a single family

096or a duplex on a lot zoned for single-family or to family use you do not need to site plan that you can that can be done with building permits right so the area plan here is showing that a two family will be built on each one of those individual Lots additional units can be built whether they be in the in the form of a duplex or single families but that would none of those would be exempt from site planning that would be another unit on a lot zoned so that would need to come in for a site plan for any additional units on either one of the Lots as shown there give me one second here to double check the staff report the the combined lot area is around seventy thousand square feet and the

097r2a requires a minimum lot size of 8,500 square feet and then when you have 8,500 square feet you need 20 I'm sorry 4250 for each dwelling unit got it so so we can increase the density by moving to an hour to a hour to a hour to a has more just in terms of numbers are to a has a higher maximum density than r1c okay and normally I mean some of the places were about density or some air residents around our worry about density I'm not necessarily here I mean this is on a bus line I think that's great and so I shouldn't have actually started by that one of the other things I want to make sure but when we've seen area plans before too sometimes we see talk about area plans because we

098worry about natural features even by right like the fact that there's a floodplain here but they're not gonna be able to build in the floodplain by right is that true um it's my well what are the codes associated with that well again we'd have to come back in site planet okay if there was to be a third unit or more on either one of the sites I believe that residential use is allowed in the flood fringe part of the flood way if it is elevated above if it's up on stilts or you know think coastal communities if it's up on stilts you can you can do that you cannot have any residential in the flood way so there's the flood plain line there I see that I'm not sure where the flood way line is

099but that they're not currently proposing to develop in the floodplain at all right now if they were to add a third unit that site plan would come back and with that site plan would then trigger all of our natural feature protections it would also be reviewed by the floodplain coordinator for building permit impact or Building Code and so forth okay so what I'm hearing you say is and for additionally if they wanted to build more than two units on this these combined pieces of property it would need to come back before us and that there we have other things in place even if they didn't want to build more than that that would they're clearly gonna have to meet set backs no matter what yes but if they wanted to build they're not gonna be

100able to build into that floodplain either way like what this area plan means just to make sure I've clearance we're not holding not to building exactly where they are in that footprint of how you know they could build very large duplexes or much smaller duplexes we're not holding them to that correct well there are some other regulations that are going to keep them in bounds including not building the floodplain including the normal setback distances I'm seeing lots of nodding guys I make sure that like yeah I understand what every plans do it don't like that box can move anywhere that box could be slightly different size yeah right yeah some communities actually don't require any for rezoning some communities allow a property to be rezone and it relies on the development regulation of your zoning

101ordinance to govern here in our ordinance we don't do that we say we can't let his own under a couple of circumstances you either have to provide a site plan so we know exactly what you're proposing or what's going to be constructed or you have to at least demonstrate via an area plan that what you're proposing is feasible and can be achieved under the zoning ordinance so that's you're exactly right in this circumstance this plan while I I don't have any information to suggest that the plans are gonna deviate substantially from this to be just as you said the rezoning of it been ultimately or ultimately by the City Council would designate these are to a and therefore it would be governed by the normal building code which does look at things like floodplain restrictions

102to make sure that buildings aren't adversely impacting that and the buildings are safe it would be required to meet setbacks it would be required to meet all of the applicable building codes as it relates to you know minimum size and the like but you're absolutely right it could deviate from this but it that doesn't mean it's just a free-for-all it still has to meet a lot of standards got it yeah and I should have started this made you saying like I when I look at an aerial and I think okay that's fine but like what is worst-case scenario and for worse scenario sometimes it's being closer to neighbors and what neighbors might like or it might be infringing on natural features in this case I'm worried about infringing on natural features but we have other

103things in our code I think that could that can take account for that and so I am especially if this like the idea of getting two duplexes here rather than two single-family homes I think is great like providing more again it's out of transit route so I think that makes sense it's just because I know I often am like totally Negative Nancy about about area plans I wanted to make sure like be clear why I'm okay with this one and I don't clearly we're somewhere supportive of this rezoning we think it's a reasonable use the land I think it's an appropriate use of land we think that they've provided an area plan that shows that they can develop this responsibly and meet all those applicable requirements but to that end I just want to be

104clear there are building code requirements but we have a lot of natural resource requirements that are only applicable the site plan standards for example if you have a landmark tree on your single-family lot you can cut it down when it's part of a site plan we have more regulatory authority for that so so it does cut both ways a little bit but to be clear we think of this as appropriate land use got it thank you mister get Brandel moving down that vein just with looking at some of the county information it looks like there's definitely wetlands that one run through this area I know from my own experience working in this area that groundwater is really close to the surface and that soils are very difficult in terms of infiltration in this zone Swift

105run is nearby but there's just a lot of clay layers it's really important or whatever if it's over 200 square feet of impervious surface that they're adding they have to have stormwater control so I'm just wondering what they have and because they're not required all of the infiltration testing that a normal site plan is they can basically just undersized this thing in the water just so every the soils aren't gonna take it and so I'm wondering what the stormwater plan is and is it in areas in the soils and the site that actually have a capacity to be able to actually deal with it and so I just would like to have some understanding it's this scale is difficult to see what's going on with that but we do have a few course tools in

106in our residential code to be able to deal with that and so I'm just wondering what the plan is and given that you know we just know this area is tricky in terms of soils is there any flexibility with that in terms of how the where those things are placed so that they can actually be effective can we be pitching things back towards the back of the site so it's getting you know going towards the creek rather than going towards the road you know things like that to be able to still allow the the duplexes but just to maybe tweak it a little bit so that it's just more effective in terms of how its arranged again it's not a site plan but there are some things we can do I think a lot of

107that would wait I haven't got to that point yet that those are the things that will show up on the their grading permit and their billing permit I can certainly I can follow up with our land development coordinator who reviews the grading permit and who enforces that component of the residence requirement for dealing with your stormwater I can I've also taken some notes I can flag that when these permits come through these are some extra things to look look for but I don't think the petitioner can confirm I don't think they've gotten to that level of design detail yet I'm assuming they want the rezoning first to know whether they can even then actually design their duplexes but I would have to rely on our land development coordinator and when reviewing those permits so just

108my two cents on some of this is that I would be very wary of allowing a French drain kind of storage situation for this which you is is allowed under your code but the soils are such that it's going to fill up once and then never filtration so I would really lean towards doing some sort of vegetated system here to be able to deal with stormwater because that's really your only hope in these kind of soils so I know that that's allowable in the code that I don't think functionally it's actually going to do what we want it to do in terms of the code so that if you are in this early stage of how you're designing things that here's your opportunity to be able to think about how that would work and that

109hopefully the land development coordinator would be able to direct you all and how to think about that so that it's an effective solution because if you're at the early stages it's time to do it right it's not fully engineered and it looks like the site is kind of crowned but that you you flow in both directions and if you can kind of encourage things to go back towards the back and and handle some of your stormwater back there in a shallow vegetated way and just have it blend in with whatever the woods are doing there I think that's going to be your best bet and I just again I really think just having the whole with the P stone in it that a lot of people do is going to do zero here so if

110you could kind of guide things in that direction since we don't get to review what this thing looks like and how it's going to be dealt with later in the process that if we could at least put some red flags and a few things so that people further down the line in terms of the city permitting process can can guide things that would be great further comment okay all those in favor please say aye opposed it's approved thank you moving on to item 9 CN r agenda 2 2 5 1 West Liberty Street special exemption use and site plan for Planning Commission approval we'll start with the petitioners report we'll have 10 minutes to address the Planning Commission will then move on to staff report comm and then public public comment great my name is

111Darryl mines I'm one of the owner operators of 2 to 5 1 I would always like to start out by saying thank you to staff and everything it's been a pleasure working with you and it's always humbling to come after these huge projects when it's just a grassroots type of you know thing that we're doing here our site is existing we are not proposing any new improvements to the site there have been several site improvements done at a prior I see you next door we put in all new driving we put in a great new bike rack for recommendation the city we are also going to move forward and put in a fire hydrant to meet the sae requirements for this facility a few things about the company we have been operating here since 2015

112we've had zero incidences and we've been great neighbors and have been come to kind of be appreciated by our little community that we have around there at the corner of State and Liberty and with that again we've had no incidents whether it be with any you know staff nor anything I know that people think unfortunately medical marijuana gets a bad rap for that we've had none absolutely none so I guess with that I can see if there's any questions or I think Jeff has some slides that we can show great thank you very much okay we'll move on to staff report mr. come the petitioner seeks to obtain special exception use approval to operate a medical in few excuse me a marijuana infused product processing center in an existing building zone CC to be it's

113part of a small commercial center the C to be zoning district allows commercial office and residential uses the petitioner currently uses the site to produce medical marijuana food products the business is called Detroit fudge company staff recommends that the special exception use be approved with conditions subject to Planning Commission consideration because the proposed special exception use is of such location size and character as to be compatible with the zoning district in which the site is situated and the location and size of the proposed use its nature and intensity the site layout and access and effect of the proposed use on public services would not be hazardous or inconvenient to the neighborhood nor unduly conflict with the normal traffic of the neighborhood I do have a few slides I'd like to show this is the zoning

114map it shows the CTV zoning district part of a longer commercial center this is at the very tail end of it the southern side event this is an aerial photograph and this is a photo that gets a little closer to this particular portion of the site showing the existing structure with some surface parking thousand foot radius map this is the site plan that shows a site plan virtually identical to the one that you saw for 22:47 West Liberty the main change here is the petitioner is now showing a new fire hydrant being installed to meet the fire department hoesley requirements which are required because of the distance this particular building happens to be from an existing fire hydrant out in West liberté floorplan shows a pretty modest building and some photos we do have a

115painted pedestrian area that does have a pedestrian or does have pedestrian signs added this is a photo of the building itself where the food processing takes place and this image shows the brand new solid waste and recycling center which is currently screened on a concrete pad the far southern side of the site and that's it for the for the photos that's the end of the staff report thank you I will now open the public hearing Hey any one's in the audience who wishes to address the Planning Commission in regards to this petition you may step forward and address the Plan Commission seeing no one I'll close the public hearing and I will encourage one of my fellow commissioners to read the motion to read it and also move it Commissioner Mills the University Planning Commission

116after hearing all interested persons and reviewing all relevant information including an accompanying site plan finds the petitions to substantially meet the standards in Chapter 55 zoning ordinance section 5 : 105 special exceptions in section 5 : 50.1 regulations concerning medical use of marijuana and therefore approves the 2251 West Liberty Street special exception used for medical and herb for a marijuana infused product processing Center this approval is based on the following findings 1 the proposed use will be consistent with the c2b business service district which allows for commercial office and residential uses to the proposed use will not adversely impact traffic pedestrian bicyclists circulation or road intersections based on the location West Liberty Street provides access to the site and the proposed use is consistent with other surrounding uses three through documentation submitted by the petitioner

117regarding wet waste disposal inventory tracking security and other methods of operation of the facility the processing center will be operated in a manner that will not have an adverse impact on the neighboring properties or area and will not have a detrimental impact on natural features this special exception use approval is based on the following conditions warn the petitioner obtaining and maintaining both the state of michigan medical marijuana license and a city of Ann Arbor medical marijuana permit and providing documentation to planning services within three years of the City Planning Commission approval date of this petition to the petitioner operating a medical marijuana business at this address within three years of the City Planning Commission approval day of this petition three the special exception use may only occupy the current twenty 493 square feet of two

118to five one West Liberty Street for approval of the special exception uses subject to the petitioner maintaining site improvements as shown on the site plan including new bicycle parking bumper blocks and access easement the lineatus pedestrian pathways new barrier free parking spaces new striping of existing parking spaces and a relocated dumpster five approval of the special exception use is also subject to the petitioner constructing a new fire hydrant as shown on the site plan to the satisfaction of the public services area administrator six hours of operation will be limited to Monday through Friday 7 a.m. to 11 p.m. closed Saturday and Sunday and that the Ann Arbor Planning Commission proves the attached site plan which demonstrates compliance with the applicable special exception use standards as no physical development of the property is proposed that's what

119I move we are in discussion mr. Weatherbee well two things one got to say slightly disappointed that it's not actually a fudge shop but you know and the second one is just it makes it so much easier to feel confident that you will do a good job when you did all the things that we asked you to do on the previous one and so so I just wanted to thank you that those you know you you you did those and they look like they're well done and and so thank you for that and I don't see any problem with this one I do have a question that I this isn't actually in regards to this but um you know one of our requirements is that you receive your license from the state of Michigan for

120your other projects have you already received your license or are you still have weird you to go in from the board it hopefully in this December meeting that is coming up yes we've been waiting for the CFO we just got that last week so that was one of the last requirements from the state to actually go through the licensure process so we are you know continuing forward on that path yes thank you Emily thanks any other discussion yeah commissioner at Brandel so in terms of the requirements for this is it only they can only make stuff here right they can't sell stuff out of here is it yeah based on the medical marijuana laws as a savage currently this is a infused product processor you recall we actually created this definition it's sort of unique

121in the context of the state the state's lumps this and a lot of other uses together as processors ultimately the City Council followed your advice since and recognize that uses like this are really they're more akin to like a bakery or a confectionery or something or something I'm terrible with words tight and generally and so but that that said there still have to follow the requirements of medical marijuana facility sex which means that only provisioning centers can be used for sales transportation has to be conducted through secure transporters and like all uses that's part of the states required and probably at this point somewhat aspirational a seed to sale tracking of every product so I don't there's anything that I miss categorize by that but so so in short no retail sales will occur at

122this facility they are producing products that they will then through that network distributed to other provisioning centers provisioning centers is where those products can ultimately be purchased by a cardholder okay one of one of the things that I find slightly troubling about all of this is that you can call something like the fudge company and like a five year old kid is gonna think let's go good fudge there and it's you know not for the five-year-old but if it's completely confined and there's no like you know in the em1 where you can have 10% blah blah blah doing retail that's I just want it to be super super clear because that's just one of the you know the fact that these things are made in the gummy bears and yeah I mean that's it's an

123issue and until we have regulations at the federal level it's not going to change and so it's like I just want to make sure we're doing what we can at our scale to be able to make sure that this goes into the hands of the right people and and not little people so as long as we're completely ironclad on that then I have no problem with your name but if you you know if there was any chance and it just feels like that's really confusing line for people so just to bring some light to that the state has very very strict guidelines on packaging and verbage that are on the packages the we've had to revamp a lot of things to fit that standard we can't even make a gummy bear it's not they won't

124allow it because it does appeal to you and that's something that they took very seriously the verbage on the package is extensive to help mitigate that because we are concerned about that as well at Detroit budge sorry for the confusing name we kind of pride it ourselves in that fact on being leaders in the industry we have been open since 2015 and have led the industry in those types of things with the childproof packaging and the verbage that's on the package itself and our packages in no way appealed to a minor we have red boxes they're like just red or they're black or what it is it's not a vibrant color that a purple that a kid's gonna want you know more clean to so because child safety is paramount um I have two young

125kids at home right now that are you know my life and they're that importance is always reflected through us through our company so if there are any questions I can give you my email to whoever I know brett has it jeff has it I be more than willing to share more of those kind of inner workings so that you know Planning Commission and just staff in general can understand our industry better the other thing that we've done from day one is tested every single product that is went that is left our building if it does not meet our exact standards it doesn't leave period and that's that's have it from day one and that's why our brand is where it is today because of that people trust our product they know they get what they

126get every single time so but I'm more than willing to share any information with with it's just helpful for me to hear what our state is doing cuz I know in other states it's different and so that's what it's helpful for us to be able to differentiate because we're all being asked to basically do this on our own because there is no action at the federal level right now anyway I've just seen it work out very differently in other states I didn't know what all those standards were so thank you for explaining that yeah I know completely throw colorado under the bus they are terrible yeah I know they don't have testing requirements and so forth and that is another thing that I actually have enjoyed working with especially Brett when we did do the

127text amendment you know that's actually another layer that we have to abide by it's a stricter thing because we can only do certain things at our facility it not as broad as a regular processor so I commend Ann Arbor for being one of the leading cities in the Midwest you know for not only this but a lot of things that you do here I've sat through so many meetings now at this point and you know you guys are talking about the lead stuff and like the briefs and whatever that's amazing I don't understand it but you know I can help you where I can so thank you again thank you mr. Leonard yeah I would just add and in this particular circumstance I think is a great question the physical location of this particular facility

128though I yeah is about as protective I think of sort of that general traffic as as any might be but maybe that's something we want to consider for such facilities in the future because some of them might be anymore I don't know more accessible amongst other businesses and if we consider other such such special exception use permits for the use we might you have the ability to think about signage if you want to sort of de-emphasize signage to attract that I mean I'm sure they need some just for interacting business but it doesn't have to be the same kind of signage that a provisioning Center might be where you're really trying to attract that retail trade so right thank you sure woods just a couple of questions under some of the special exception use standards

129and always looking at number four and I think as the the staff was making the presentation and you showed us the pictures you showed us the striping of the parking lot and in those kinds of things could you just show us the other things or are these things which are still to be put into place I know you've also mentioned a relocated dumpster speak to that in order for the petitioner to receive their zoning compliance certificate from the city they needed to demonstrate that the completed all the improvements that they showed on the site plan for 22:47 the petitioner did include all those improvements so we did inspect the site those improvements included the new bicycle parking the bumper blocks they did provide an axe as these men they did delineate the pedestrian pathways they

130did provide a new barrier free parking spaces and they did relocate the dumpster on a new dumpster pad with a dumpster screen so we were able to verify all that since this property is almost next door in the same complex and owned by the same individuals they they didn't have as much to do because they had already done it okay so can you just I'm just trying to so one at one the address is 2251 that's the current one that was right now and then you've already approved 22:47 that's on west stadium is that West Bay West Liberty okay so can you just show me on your aerial map where they're located what I'm just trying to see so can you see my cursor yes so this is the portion of the of the property

131that is 22:51 or Detroit fudges and they're in this building here and in this building next door 22:47 is located and so basically next next door so it's in the same complex okay and so like hello foz would be closer up to the right yeah the correct West West Liberty here okay all right right right about there got it Thank You Commissioner Ackerman this small question and perhaps more out of curiosity then scrub this conversation so of the five types of allowed facilities under state law you now have two across property lines well you need secure transport to Kay from one of your properties next door to the other I really hope not okay I can up this state that is okay that is completely up to the state as to how we would have

132to literally walk stuff next door and to that point they were walking a next door in talking about the C to B zoning because we were the ones that petitioned for the text amendment a processor does not need a sign I've said enough on that we don't have one we haven't had one there is no reason you're a wholesale entity so if the city is looking for something to curb that is don't let him have a sign I mean she's probably mad at me cuz she wants one but just that little shingle to hang but they're not needed and the way this state system works with their metric and the way it's integrated its I just don't see a need so if that's my two cents on that right because again as Commission Ackerman it

133eluded the secure transport comes and gets it it's not the provisioning center which is the retail end coming to get it we are not delivering it so the entity that is picking it up and delivering it knows exactly where they're going if someone tries to fake that to you guys I would smell something a foul mr. Mill's I'm gonna go back to the kind of what Commissioner Woods was talking about in terms of working through the what's required in order to you know as one of the conditions and so it sounds to me to staff like four is just copied from what we had before and it's those same things Mary didn't that's great the thing that's new is by afraid it was the is the fire hydrant yes and so I think that your

134that I completely agree with Commissioner Weatherby like the idea that you have already done these improvements and like show a good faith it's fantastic that's an expensive one throw or you actually get your get your thing from the state right because there's some unknown there and we do ask petitioners to make these change MIT you know these things in order to get their CEO CFO so I'm guessing that this is something that we find more like that they put a guarantee like how does that work yeah and in some circumstances we frankly would require it before we would entertain any certificate of occupancy we have in some of the other provisioning centers we have recognized sort of the unique circumstance of what's happening with the state imposing deadlines to potentially shut down centers and processing

135facilities if they haven't achieved certain milestones so we are we have had some conversations with them about the ability to resolve that before a certificate of occupancy is issued but I can tell you we are also entertaining the possibility of issuing a temporary certificate of occupancy with some sort of performance bond that they would have to achieve that in this particular case they are gonna have to go through some pretty robust as you indicated design requirements finalizing that that will actually have to not only be approved by the city but by the state and so we recognize sort of the convergence of that so if there's an opportunity for them to for us to work with them to secure that we will likely consider that this circumstance I also I think lends itself to that

136because they've been operating at that facility for some time this improvement is actually sort of an opportunity of the special exception use permit process frankly they've had a history of operating successfully um we will of course as its so related to fire safety will compete consulting with the fire department before any decision is made in that regard ok well I'm glad to see that because I understand there's lots of moving pieces and and risk associated with both sides right like we don't want to just issue the ce o-- c uh both a certificate of occupancy although thank you so terrific occupancy i'll just say that and then not have the conditions fulfilled right but also that's a pretty big ticket item so it is and advance we haven't got the full ramifications of what it's

137going to cost but after a 20 thousand dollar dumpster I'm not too bad I know I know it is and after seeing these other projects and stuff again it's it's it is something that you know we're this far so why would we there's no reason for us to stop and it's something that we view as it's an improvement to our site need to own the site so it's okay for us I mean if you're a burn if are building or have to be burning I'm I would be glad it's there so it's it's all cuz things considered it is a great improvement for not only our site but the city as well I know I was looking up the city stuff and you had a is no.3 I believe it is for your fire code

138for your fire recognition that's pretty good it's actually really great so we'll continue to contribute to that and you guys do not in any way put as many hoops to jump through as the state does so thanks for that as well um I haven't sprung this on the petitioner yet we have some provisions within the code for rearrangement of parking areas and one of the things as they start submitting their designs for the water main they could have it likely will have some impact to the parking area and someone fired restoration so one of the things I was gonna reach out to them noting that to commit to now or I don't know if it's possible but we might explore to see if there's any possibilities to improve the pedestrian access do that through that

139work so if there is going to be some sort of substantial work to the parking area to accommodate the fire hydrant certainly nothing that would elevate to requiring to come back to Planning Commission but we might explore with them it might even be a potential for cost savings if there is some way to achieve that water that hydrant with maybe a pedestrian treatment versus repaving the parking area so that's something that I'm happy to sit down and discuss with you to see if there's any creative ways that we could maybe improve both those circumstances great commissioner so they this might be residual but there's on the site plan proposed exterior emergency stair is that still part of the plan required so that's part of the actual State Bureau fire services that has not been constructed

140it does not have any impact on site flow whatsoever because it is at the south side of the building we will obviously be getting permitted work to get that done once is that just gonna touch down on great or are you putting a pad there to connect to the parking lot or anything touched on great because it's coming from the second floor and coming down but like are you are you pouring a concrete pad for those stairs to land to or it's just landing on to the grass yourself okay yeah I know all about the impervious surface it's not important to this I'm gonna figure out the scope labeled out there okay Thank You Commissioner Briggs this is very random but since signage did come up just just a heads up I don't think we

141could create a different category of signage for from four different you know medical marijuana facilities per read the read versus the town of Gilbert I don't think I mean that's kind of content neutrality um so I just a heads-up that we I don't think that's something we could consider moving forth I'm not trying to start a discussion around that just Thank You Commissioner woods we always talk about always of operation whenever any special exception things can be forced and so in this case it looks like your plan is to be open from 7:00 a.m. to 11:00 p.m. so about 16 hours is that like running two shifts or something yeah we are already at the demand that we are starting a second shift so when we were proposing our hours that is the reason for

142that is that we do heavy a 7:00 to 4:00 shift and then overlap from 3:00 to 11:00 okay and then closed on Saturdays and Sundays so if it turns out that your operation needs more than that mr. Leonard would he be coming back to us for that okay yes okay thank you further discussion all right lots vote all those in favor please say aye opposed it is approved thank you moving on to audience participation is there anyone in the audience who wish us to address the Planning Commission if so please step up to the podium seeing no one will move on to Commission proposed business are there any commissioners who'd like to propose business commissioner woods I'm I'm not really sure that I'm proposing something in this case but I know we talked earlier about

143the Transportation Committee and what we're gonna be looking at and you might remember about a month ago the issue of the birds which have come to our city was brought up and they have really multiplied particularly over in the campus area and I just was wondering whether or not there's been any sort of information or update that you can give us because they are unfortunately they're just sometimes being left on a sidewalk or in the way and people I was somebody was telling me well somebody is one in a wheelchair they can't get past them and you know a couple of times I picked one up and moved it up out of the way so I was just wondering what our thoughts are on that or any updates Transportation Commissioner rep rides more but I

144can provide an update I know that city administration has been working with the company to try to find the balance I I know that on the short term that the emphasis was making sure that pedestrian right-of-ways were not being blocked and probably sparking a discussion of more comprehensive discussion about how to address them in the future but I'm happy to get something share something with the Planning Commission as to kind of what that role is and then I don't know there's anything else from a transportation because well gonna shut you down I can probably more immediately give us a definitive City Council will actually be voting on interim agreement with Byrd tomorrow night really yeah so it's a consent agenda item 14 and I could send it to Bret the resolution if you could forward

145it along for everyone's reference okay that'd be great just just a question so are they are those machines to be run on is it okay to have them on sidewalks or should they only be in the street I think that's a gray area for the time being oh but I know I believe as a motorized vehicle it's intended that they be on the street how we enforce that is more difficult thank you oh yeah there are there are some ambiguities between state law and local regulation and I think we're all working it out though the Transportation Commission has established a subcommittee to provide advice to the city on not just Byrd but all sort of micro mobility operators and some of these newer kinds of vehicles that are showing up and I will be on

146that subcommittee we haven't had our first meeting and I don't remember it soon so yeah we will be starting to have those conversations along with the city moving forward with Byrd and some of these other operators directly there is just to be clear there is a policy the city policy as I understand it is any scooter blocking the right-of-way so if it's in the sidewalk or in the street or otherwise it appropriately or if it's the city's policy to impound them and they have an impounding scooters that they find in the wrong place and how that gets managed between the companies I think is one of the points when it goes no Koshi ation and I believe there's discussion I don't know if this is firmed up yet of creating a cap on the total

147number of vehicles that can be deployed in the city as we're ramping up as one of the the points of regulation there's more to it but those were just some of your questions where things are going and we're also actively having conversations with the University I know the staff has been talking to folks at the University who have their own set of concerns about these fish are you Brandel just a quick follow-up on that um so is there a way that citizens can like who do we call if we see them blocking the sidewalk do we call the police like is it an 18 fix it kind of thing like what would because I see this all the time and I'd love to just start getting on this so that they start straightening up and

148start communicating with their users that this just can't be you have to park it in a place that is safe for people so is there anything do we know anything about how a an ordinary citizen can can speed up the process and not just have to have a car drive by I really need to fix it would actually be pretty effective or you could just probably call community standards I'm guessing those would be the two principle but a to fix it you could probably access from your phone or email and if I guess the downside of that is is that they know all right I think at least if it's similar to cars a to fix it they just say call the non-emergency police number because anything that can be moved quickly and those move

149extraordinarily quickly so I think a to fix it they're just gonna say contact the non-emergency police number okay thanks any other commission proposed business do you have motion to adjourn move back Commissioner Mills second about Commissioner shadow we are adjourned thank you you