e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e good evening and welcome to the planning commission's regular meeting for December 16th 2024 we'll move to roll call commissioner aspon commissioner bot here commissioner Brittain here commissioner fiser here chair Frasier here commissioner canable absent commissioner rasmon here commissioner Stevens here thank you thank you item three is approval of the agenda is there a motion to approve motion to approve a motion to approve from commissioner Fisher do I have a second second second from commissioner Stevens all those in favor say I I I po say mo motion carries 60 item four on the agenda is open Forum this is a chance for anyone who's in the audience tonight to speak on something that is not on tonight's agenda so if there's something that you would like to bring to our attention that is not on the agenda tonight this is your opportunity this time I'll open open Forum seeing done I will close open Forum item five is chair's explanation of the hearing process the Planning Commission is a volunteer Advisory Group to the city council one of the commissions functions is to hold public hearings and make recommendations on land use and Zoning matters the purpose of these public hearings is to provide an opportunity for each applicant and citizens to present information ask questions and express opinions since these proceedings are televised and recorded for the public record anyone wishing to speak must step up to the podium and give their name and address before addressing the commission staff reports are prepared and provided to the applicant and Planning Commission in advance of the meeting the first step in the hearing will be for staff to present a summary of the report the applicant will then have an opportunity to briefly explain the proposal and provide additional information or comments anyone wanting to speak in favor or against the proposal will then be heard upon completion of the testimony the hearing will be closed to public comment the Planning Commission will then discuss and act on the matter two complete agenda packets are available for viewing on the back table please do not remove these items the city council will act on these items at their me meeting on Wednesday January 8th 2025 which starts at 7 p.m. with that we'll move on to item 6 6A is the Brockman iCup extension case iCup 2024-25 with Ryan Le Rooney presenting all right um good evening Mr chair members of the commission happy holidays to everyone um before you is an application for an interm conditional use permit for the property listed on the screen um the subject site is located on 7.3 Acres just south of 100th Street and North of 110th Street directly across from the new Public Works building and low Zone Water Treatment Plant so the property is currently zoned R3 single family residential it is guided as low density residential and the 2040 comprehensive plan the site currently contains a uh principal structure a front parking area as well as a rear exterior storage area which you can see here uh the current owner and tenant uh is Brockman land LLC they store roughly 150 units in the rear storage area uh the use is minimal to the surrounding neighborhood with about 10 to 15 trucks moving on and off the site each week um so I want to talk also a little bit about some of the prior appr approval so before the 2015 iCup there had been a number of cup approvals on the parcel however for the sake of this presentation and also for the application I just want to focus on the 2015 iCup resolution as well as the 2021 cup application so back in 2015 um an iCup was granted for the subject site um which would which allowed for the exterior storage of mobile office office trailers um that c iCup revoked all prior approvals on the site with the exception of the use for the existing principal structure at the front here um that is set to expire this coming August so August of 2025 then in 2021 the previous tenant had applied for a cup to allow for the storage of semi-truck trailers from a zoning perspective mobile office trailers and semi-truck trailers are visually very similar therefore we treat them almost the same um in the code um however the proposal for the cup would have provided permanent land use Assurance with the property um rather than an iCup which provides a like set amount of time for that conditional use thus the application was denied at the April 2021 city council meeting citing the cup would impede on the normal and orderly development of the area so considering the extension of the iCup does not enable long-term survival of the use um The Proposal is to continue the existing site operations until such time that any adjacent property proposes a use that's consistent with the zoning code and land use standards the long-term plan um is still to support the Redevelopment of Residential Properties in the area when the subject property and surrounding properties are uh willing and ready for development at that time uh before you is the recommendation staff is here to answer any questions uh representative on behalf of the applicant is also here um for any site operation questions you may have all right thank you any questions for staff I guess I have a question question for you Riley um the last iCup then was a 10-year Grant correct is there a reason why this one is not a a term limited and rather is just based on whenever development happens on a different plot right uh we wanted to just ensure that at that time it does expire it makes sense to do so therefore if we were to set another 10-year period let's say those properties aren't ready at that time either then we kind of be going through the work all over again not necessarily that that's bad but the idea is that once those properties are ready it's it's good to go okay I don't know if Emily has anything to add off of that so I guess my thought and my concern in going over the packet was is a grant of an iCup with an indeterminate time period um a kind of defeating the purpose of an iCup because it's supposed to be a time limited very limited ability to use the property that we should be able to review fairly often um but does it also then make it more difficult for the surrounding properties to develop because this use is ongoing sure um I don't know if Emily wants to touch on that a little more because she has some background I think sure Mr chair members of the commission Mr chair you can certainly add a condition that does include a Sunset date perhaps it's 10 years again and we can revisit it in front of Planning Commission city council um however leaving it uh uh at at such time the area redevelops um it uh helps it kind of all redevelop together for lack of better way to put it so um we can certainly add a Sunset date as opposed to leaving it open-ended um it's up to you as the Planning Commission okay I just didn't know if there were thoughts on on if if my concern is well founded or if staff said no we thought about that and we're not concerned about it so all right commiss Bren I remembered um so the if I remember correctly the a time for termination is is normal but is it also just a normal implementation of the iCup to have a triggering condition such as when the land develops um and is that typically the two things or are there more options yeah Mr chair members of the Commission in iCup is intended to to be limited to whether it's a time frame whether it's a triggering event um whatever that might look like um to Riley's point in her presentation a conditional use permit runs with the land um and we have no ability to kind of revoke that right um so that interm conditional use permit allows us to put that condition on there um for it to to uh end at such time we see the area start to redevelop okay thank you commissioner Stevens um what's the definition of the other properties being ready to develop because as I understand people can be ready to develop and things can come and go and it can go on forever so how are how are like you navigating the concrete when are they ready to develop what does that mean that's a good question um Mr chair members of the commission our definition um would essentially be at such time that any of those properties were to sell and be sold to a developer to then in turn create residential development that would trigger that finalization of the interm conditional use permit should you approve that this this evening and it be approved by um city council as well so it's the sale it's the sale putting it up for sale like is there a specific that the specific is probably it Mr chair members of the commission ultimately we want the trigger to be uh for sale or planning application um which would align those properties with our current land use guided land use right so um residential R three residential so at such time we receive a planning application for that area to redevelop in that manner would be the trigger okay thank you and Emily and or Riley maybe the so the language in recommendation number five or condition number five in the recommendation talks about a surrounding use terminating and then the paral being proposed to be in compliance with the legal Conformity so that's the actual legal language that would go in but planning staff would interpret that as someone has put the property up for sale to a development or it's actually been sold to a developer that is correct okay I have a question to py back F so once an adjacent property does sell what kind of notice do you have to give the owner of this property we're talking about say hey we're done your iCup is gone I mean is is there some sort of like does do they have a year to that I don't know I guess I've feel like okay so something adjacent goes then what six number six yeah oh 90 days I missed that thank you so 90 days yes and the owner is okay with that yes sorry I didn't I don't know how I missed that that's I'll just turn off no it's a good question to clarify not not to worry I don't normally interject but i' I've got one quick question regarding um the 2050 comprehensive plan that will be um um that we're going to start working on here so if the land use in the comprehensive plan changes when we adopt the 2050 comprehensive plan how does that affect the land owner's you know approval so say say we were um say the Planning Commission were to change the guided land use uh in the comprehensive plan as a whole um how would this apply to the updated land use uh guidance Mr chair members of the commission uh council member Kata um we would need to revisit um I don't anticipate the 2050 will adjust the land use guidance for this particular area um recognizing you know it certainly could we would have to revisit what that Redevelopment looks like commissioner bot I have two questions excuse me what's on the north side of this site what's that um currently the other side or just either North and South just north of just north of this property so just south is the um junkyard and then North I believe is rumka Escavating um CL yeah so it's an Escavating company currently okay so when we say adjacent property to and does have to be those two properties or it can be across the street too uh I guess this is residential already so here here and then the property across the street has already been developed this is our public um Works building and then the interim no the low Zone water treatment plant is down here so it would just be these adjacent properties to the North and South okay thank you Comm BR so how would that happen if you had to revisit it with the underlying zoning changing what what's the process versus maybe changing some of this terminology to somehow reference the you know the the master plan the comprehensive plan sure Mr chair members of the commission uh I would anticipate if the underlying land use were to adjust it would adjust perhaps more to an industrial use right um just just using my planning brain and thinking okay we've got the business park um that would only be the likely uh other option and if that is the case the use then actually more aligns uh with an industrial district type use uh therefore use would continue on as is right there wouldn't uh necessarily need to be that trigger to adjust okay Emily I just this is and this again we're kind of going down the rabit hole here but this is probably a little speculative you said highly unlikely it would change more towards an industrial I think I would agree with that probably just because they're are residential nearby and I know there's a very you guys as planners don't like putting industrial next to residential and I think there's also a a higher vote that Council has to meet in order to change a property from residential to Industrial so unlikely to say that this would change that far in the 2025 or the 2050 comprehensive plan Mr chair members of the commission you know it's certainly that it could um but again from a planning perspective we do like to try and have a little bit of those buffers in between kind of those long-standing residential uses and and new development okay thank you any further questions for staff okay thank you oh actually I will ask one more question um if I was going to push you and say I really want a year on here instead of a a other triggering condition would staff recommend another 10year period I yeah I would say 10 years is I think more than sufficient um if you wanted to put a timeline on it um that would something that we would add to the end of the recommendation to bring forward to city council if that's something you're interested in yep thank you commissioner BR if if that were something that were desirable by the group um would it be possible to have a whichever happens first where if the residential development happens boom you're done or in 10 years we're going to revisit it and we can see what's changed okay Mr chair members of the commission your motion this evening can certainly include an amendment to that condition um to do whichever happens first okay any further questions for staff all right thank you thank you at this time if the applicant would like to approach and add anything additional and Sir if you could give us your name and address as well my name is uh Jim Brockman from Brockman land and no I really don't have any more to add I think what uh she said was was what we're looking for just a way to stay in there it doesn't make sense for us to sell one small area but when everybody else develops we're we're more than willing we know what how that works so we're willing to move on then okay and a 10year extension would be that would be sufficient so okay thank you thank you for your time any questions for the applicant thank you very much for being here okay thank you all right this time we will open public hearing on the application seeing no one else in the audience besides those who've already spoken we will close public hearing on the application further discussion by commission commissioner aspon I think I I agree with with your timeline um the 10year sunset period it just seems like it gives it a definite end um if this is going to develop we're sure the North and South will develop with it probably as one so I I I'm pretty comfortable with how it's written with the sale of the the property um or 10 years whichever comes first I like that yeah that was that was kind of my my thought coming in so I'm glad commissioner Britton asked that question just to be definite that we could do that but um I think it's worthwhile being able to come back and and review this in in a time period certain if it does cons continue to exist um but then also give us the out to end it early um if those properties start to develop and and it makes sense to be um a residential area instead of us having to stay to the 10 year so I think the rec the the suggestion that we do either a development or a 10-year period whichever occurs first I think is is something that should be appropriate here any further comments discussion okay seeing no further I would look for a motion then I will move to approve subject to the conditions stipulated in the staff Report with the addition of the 10year limit um for this to expire and it can be Revisited at that point if it still exist in this state okay so I have a motion to approve subject to the uh conditions uh recommended by staff with the addition that um the iCup will either terminate at the 10-year Mark or when and the adjacent properties develop whichever occurs first correct correct any second on that motion I'll second that second for commissioner fiser do I have any further discussion on the motion okay seeing none all those in favor of the motion sayi I I appr or oppose say no motion carries 60 item seven tonight is approval of the minutes unless there are any additions or Corrections I'd look for a motion to approve motion to approve motion to approve the November 25th 2024 minutes do I have a second I second second from commissioner bot all those in favor say I I I I post say no motion carries 60 eight is reports 8A is recap of December City Council meetings with Emily Schmid's presenting Mr chair members of the commission given our early meeting this month we've only got one meeting to recap and that is December 4th however it was a heavy agenda um a couple items at the council approve the 2025 through 2029 uh uh Capital Improvement plan the CIP that was before you a couple of months ago um they also approved the Cannabis zoning ordinance that was again before you a couple of months ago um so that has been approved and codified um The cotage Grove Logistics Park uh or North Point development uh that was before you uh for a zoning Amendment and a cup that was approved at that December 4th meeting and then finally uh you recall the park High project um that the school district is working on for that uh cafeteria Edition on the back side of the building um the council did approve that at their December 4th meeting as well so with that I will pass over to council member kada this evening thank you um well this will be my last meeting as council member liaison to the Planning Commission so I want to take this opportunity to um again share my appreciation with all of you for uh the time that you devote to this I know it's not easy work and especially when we have big thick packets it's sometimes um hard to see the value in what you do but um especially coming from the Planning Commission and being on Council the work that you guys do is invaluable to the city so thank you and I wish we had more short meetings like this um uh I'll I'll be continuing on in some former capacity with the city but not on city council uh starting in January so hope to see you guys around and I'll make myself available for any questions if you have any questions for me all right thank you any questions for council member comat Tony I'll return the thanks to you I know we started together on Planning Commission and um I know you always worked very hard in this position and this role um just as a member and then as chair and and then moving up to city council I know you've always had the city in mind and doing what's best so thank you for all of your work for the city as well thank you 8 Tob is response to Planning Commission inquiries I think we had one at the last meeting that we had answered at the meeting so no other responses Planning Commission requests then ATC any requests for staff Emily I just have one um so The Preserve Prosper play I don't know if I put those in the right order um but that plan obviously that was not agreed to by voters in the November meeting um I thought Zach when he did the presentation to us said that this the um Capital Improvement plan may change depending on the results of that referendum is that something that we're going to see within the next couple months an amendment to that or do you know a timeline Mr chair members of the commission I anticipate early in the year in 2025 um we'll revisit what that CIP looks like and do those uh funding opportunities change obviously with um that preserved play Prosper um not passing in that referendum okay thank you any further inquiries or requests seeing none do we have a motion to adjourn motion to adjourn motion to adjourn from question rasmon do I have a second second second for commer Stevens all those in favor say I I I post say no motion carries 60 are adjourned for