[0:28] (Background noise) [0:58] (Background noise) [1:28] (Background noise) [1:58] (Background noise) [2:28] (Background noise) [2:58] (Background noise) [3:28] (Background noise) [3:58] (Background noise) [4:49] **Unknown Speaker:** Oh my gosh, we had 10 kids, family galleries. [4:58] **Brian Douglas (Chair):** Six. We'll call this Planning Commission meeting of Monday, July 8th, to order. Roll call: Hemma is absent, Johnson? **Chad Johnson:** Here. **Brian Douglas (Chair):** I'm here. Fox? **Commissioner Fox:** Here. **Brian Douglas (Chair):** Noak? **Chris Nobach:** Here. **Brian Douglas (Chair):** Before we approve the agenda, I'm just going to change a little bit on the public hearing. Actually, there's three separate ones, so it'll be a rezone and two conditional use permit public hearings. So we'll explain them as we go. So with that, can I get an approval of the agenda? **Chad Johnson:** So moved. **Chris Nobach:** Second. **Brian Douglas (Chair):** Moved by Johnson, second by Fox. Yep. All those in favor? **Commissioners:** Aye. **Brian Douglas (Chair):** Opposed? Motion carries. And I get an approval of the minutes from June 10th? **Chris Nobach:** Move to approve minutes. **Chad Johnson:** Second. **Brian Douglas (Chair):** Motion by Noak, or was it—yeah, and second by Johnson. All in favor? **Commissioners:** Aye. **Brian Douglas (Chair):** Okay. Anybody signed up for public input? Did you look, Zach? **Zach:** Neil? **Brian Douglas (Chair):** Neil? Okay, the next thing was going to be public input and nobody signed up, so we'll dispense with that. The next items on the agenda are public hearings. So the first one will be a rezone application for Bethel Rock. Zach, you want to just kind of explain a little bit before we open it up? [7:15] **Zach:** Okay, yeah. So Bethel Rock Church had kind of inquired at the last Planning Commission meeting about putting a church at the location of 32057 64th Avenue. Currently, that site is zoned B2 Highway Business. Religious institutions or churches aren't a permitted use or even a conditional use. So tonight, they have a rezone application to rezone the property from a B2 to an RB Residential Business. Churches and religious institutions are allowed as a conditional use in that zone. So we're going to be discussing how Planning Commission feels about a rezone as well as the two conditional use permits for Bethel Rock and Grand O2 to operate in that area. [7:53] **Brian Douglas (Chair):** Thanks, Zach. Okay, that being said, we're going to open up the public hearing for the rezoning part of that application. So anybody wishing to address that, please come forward to the mic. [8:15] **Pastor Brandon:** Yep, thank you. I think I got it now. Hello? There you go, sounded right. Well, first and foremost, I want to say thank you for your time. Thank you for being here, thank you for giving us this opportunity to meet with you again. I know we had discussed a little bit last month a little bit on the opportunity to do that. I just want to reintroduce myself, my name is Pastor Brandon, and since last month we've actually become our own church. So I'm the lead pastor of Bethel Rock Church Cannon Falls. So we are our own entity and we are local and we are Cannon Falls. That's our address. And we're coming to approach for a rezone because, from discussions last month, that was what was suggested to us by Zach and the city. They said that that's what it would take in order for us to be able to utilize that building. So we just wanted to open up and just I guess discuss a little bit. I know most of it we kind of discussed last month, but just to re-kind of go over a few of them: it would be a partial tax exemption because I actually have Bruce Omen here who currently owns the facility that runs the Grand O2 Center. They would be renting the basement from us, so it would be half used by them, half used by us. So the assessor would be the one to determine the tax exemption on that. I did want to bring up that I looked—I'm not sure if it was your ordinance specifically or not—but roughly you need one parking space per four chairs. We have over a hundred, so I mean we could go up to 400 people at one time just in parking. It has been vacant for—from what I've can found is since Midwest has been there, I think from discussions with Bruce. So we're just looking to really just take ownership of the facility, continue to have the Grand O2 Center to be able to continue to operate as long as they would like to, and then us to just kind of move in upstairs and have a church in a facility that's really—half of it's not being used right now at all. So that is really what we had brought up. Currently, under the current zoning, it is allowed for hospitality meeting halls, for office space, clinical counseling settings, and then theater. So we—I mean, we kind of do a lot of those things that it falls within as it comes to a meeting hall or counseling. Now, it's not therapist counseling, but I definitely meet with people on a regular basis. And yeah, I think that's it. [11:19] **Isaac Naatz:** Are we allowed to ask questions or not? **Brian Douglas (Chair):** We're still in a public hearing. If there's any more people that's wanting to speak—anyone else? Is that all you have, Pastor? **Pastor Brandon:** That's all when it comes to the rezone, correct. **Brian Douglas (Chair):** Yes, yes. I'm going to ask if there's anybody else that's wishing to address... anybody else wishing to address the rezone application? Second call. Anybody wishing to address the rezoning application? Third and last call. Anyone wishing to address the rezoning application? Hearing none, I'll close that public hearing. The next one is a public hearing for the conditional use permit for Bethel Rock Church. So, Zach kind of explained that already, there's just additional uses required. So I'll open that up. Public hearing is open for the conditional use portion of that request. Anybody wishing to address that? [12:51] **Pastor Brandon:** I think again, just requesting the conditional use if the rezone is requested, that we would request for conditional use so then we can actually operate out of there. I think that's really it. **Brian Douglas (Chair):** Thank you. Second request, anybody else wishing to address? Third and last call for wishing to address this application? Hearing none, I'm going to close that public hearing. The third public hearing is for conditional use for Grand O2 to operate their business in that location. So with that, I'm going to open up that portion of the public hearing. Anyone wishing to address that application? [13:38] **Bruce Omen:** Bruce Omen, owner of the Event Center and the property at 32057. We're just requesting in the use permit, if the rezone goes through, we'll need the use permit to continue to operate with everything that we do there with their liquor license and that kind of stuff. **Brian Douglas (Chair):** Yeah, thank you, Bruce. Second call, anybody else wishing to address the application? Third and final call, anybody wishing to address the application? Hearing none, I'm going to close that public hearing. Okay. Committee discussion on the rezone portion. Input from the commission? Who's first? [14:47] **Chad Johnson:** I'll go. I think my biggest issue with this is the rezone from a business to the Residential Business (RB). And it's—I think the biggest part of it is what happens because of it, or what might happen because of it. It's sort of like where I live: there's a lot across from me and I live in a residential area, and it's sort of like if someone comes in and says we want to change that to a residential business just for that one spot because we're going to have our house connected to or we're going to build a building and we're going to have it be half of our business and then half of our residents. And when you change it to a residential business area and that house and that family and that business eventually is going to sell, and what could happen in that case is a business just takes up right there, tears the house down and does whatever a business does. Now you've got a business in a spot that's a residential area. And we already have residential business areas. So I understand what you're trying to do, but for me, it's the wrong location because of the zoning. Right? So what could happen in the future is you guys decide that you found a better spot that's more convenient or whatever for the church, and then you sell that spot and what goes there is a house or an apartment building or not another business. And that's the tricky part when you get into switching to zones that are not meant for other things. So that's my biggest concern about this. I would love for you guys to find a place, and I'd love for it to not be in a business district. [18:02] **Isaac Naatz:** I guess I would say I share some of those concerns. I appreciate the fact that it is an empty spot and you're trying to, you know, be there and fill it up. I do have some concerns if it is rezoned—is Grand O2 able to operate the way that they want to there? And I know we have a conditional use permit, but part of the thing is the whole liquor license and whatnot. What do we know about that if it gets rezoned to Residential Business? **Zach:** I did call the state, Minnesota Alcohol and Gambling Enforcement, and they said it would have to apply for a new license, but they would be able to continue business if that license was approved. And I wasn't able to—I got transferred around, but I wasn't able to talk to anybody else—but that's what I found out for my short conversation with them. [19:27] **Chris Nobach:** Anything else? I guess I'd just like to comment too. I mean, it's not like everything around there is zoned business pretty much, you know? It's not like there are residences around there. It just to me, on the surface, it doesn't make sense. And you know, we kind of talked about it last time—the whole spot rezoning just opens up a can of worms and what comes next sort of deal, not just with your property but with a bunch of other properties too. [20:12] **Brian Douglas (Chair):** Yeah, I think those are my concerns also. When we start trying to rezone and do little spot zonings, we lose kind of the comprehensive plan for the community. And if you look at that map, that whole west side of the highway is all that General Business and Limited Industrial. And if we rezone it into an RB zone—and I agree, if the property gets sold in the future, that means a developer could come in, put up a group of homes, and the homes are going to have a problem with the industry that's already operating there. And so I'm just not comfortable with a spot rezone in an area that doesn't look at all compatible with that zoning. And if for some reason it was rezoned into RB, I'm very uncomfortable with then trying to figure out how the O2 Event Center could even be there, because it would not at all be compatible with an R2. So either the new owner gets it and O2 leaves and we have our little spot zoning mess to deal with in the future, or it stays with the B1/B2 zoning. Okay. Along those same lines, I'm... [21:46] **Isaac Naatz:** I feel the same way. Spot zoning to me, since I've been a part of the City Council or Planning Commission or other committees, it's something that we just frown upon. One thing that I'm very worried about is if we do rezone that, who's next? What's next? What comes next door or what comes down the street? Or there is another empty business near there that could come next and say, "I purchased this property and now I want to rezone this into RB and turn it into residential." And to tell you yes and to tell them no, we'd be opening ourselves up to a whole new can of worms with discrimination and everything else. So that's why I'm strongly opposed to it. I don't know what the next step would be, I just feel strongly against a spot rezone and I don't think it would fit in the zoning that's in place now. So... [23:25] **Pastor Brandon:** I guess what would be the committee's—would I be able to respond to anything? Any chance? **Brian Douglas (Chair):** Sure. **Pastor Brandon:** I just had a few questions. The only reason we're applying for rezone is that's what we were suggested—that was our only really course of action that we could move forward with it. And I agree with all those things you're saying, spot rezoning doesn't make sense. I fully agree with that. But with that, I know that the only zonings that you guys allow for religious institutions to be in is, I believe, R1, R2, and R3 under conditional use permit. And so when it comes to that, looking at your map—I took a copy of it there—looking over that, there's really no opportunity for us within the community. And I know—if you don't mind me saying—I think you had brought up the Terrace and we looked into that. We even tried reaching out after I spoke with you and you can't get a response from the current owner. And we looked at it, I would say over a year ago, and it was in pretty rough shape. There's places you can see sky, there's mold everywhere. I mean, that would cost significantly more than we're even—we just financially wouldn't even be able to purchase that facility. So it would kind of be out of the question for us to even go that route. And then again, there's really no facility—there is a location that you could build, but again, to build a facility even the size of just the upstairs of the Grand O2 Center, or the property in question, would cost two to three times as much as it would be to just purchase the facility currently from him. So when it comes to rezone, I agree, but I know that you guys have churches to be able to only be in R1, R2, and R3. So we're kind of at the point where—where do we go in the community? Where do we put it? This is where we fully believe we're supposed to be. I mean, like I had mentioned last month, my wife, myself, our five boys, we moved here. My brother and his wife just moved here. Between the two families we have seven kids. This is where we want to be, this is where we want to raise our families, and we want to be a church here. So I guess going forward, I'm not sure where we're supposed to go. So maybe a rezone is that—I mean, that's the route that we were suggested, so that's what we're here requesting. And if that's not the answer, then I guess the question is, what would be the answer? What would you guys suggest? Would it be—I mean, is there a possibility to amend the current zoning to allow for conditional use for religious institutes to be in a B2? Is that something that's out of the question? [26:19] **Brian Douglas (Chair):** Um, Neil help me out here, but I don't think we can suggest to you what to do. You have to come to us. **Pastor Brandon:** All right. If I were to request that, would that be something that's out of the question? **Neil:** You would have to request that. I mean, you can't just say that. **Pastor Brandon:** I know, and I know it can't be approved today or anything. **Brian Douglas (Chair):** The proper application process and stuff like that. **Neil:** Yeah, correct. What we got on the table tonight is a rezone. **Brian Douglas (Chair):** A rezone, right. We can't deviate from that whatsoever. If there's something else that we can work on, that'll have to come at a later time. **Pastor Brandon:** Okay, so we went down the suggestion route. Okay. So then we will request... when is the next time we could do this under a new pretense, I guess? **Brian Douglas (Chair):** The time is—there's an election the night that the next meeting is supposed to be, so... I guess if you want to stay after, we can—we're trying to figure out what next—we're going to discuss the next meeting date at the end of the meeting. **Pastor Brandon:** Okay. Okay. [27:34] **Brian Douglas (Chair):** Any other comments? Chris? Isaac? Diane? **Chris Nobach:** Well, um, I'm going to make a motion to deny the zoning request, if that's how I should properly document it, Neil? **Neil:** Yes. **Chris Nobach:** So I'll make that the motion. **Isaac Naatz:** I will second. **Brian Douglas (Chair):** Motion and a second to deny the rezone request. Any further discussion? All in favor? **Commissioners:** Aye. **Brian Douglas (Chair):** Opposed? Motion carries. You'll have to go through the other two also because they are on the table. **Neil:** Okay. And then I would suggest that you instruct the City Attorney to do the findings of fact based on your conversations tonight. [28:43] **Brian Douglas (Chair):** Okay. Okay. Conditional use permit for Bethel Rock Church. So I guess, we denied the rezone, so I'm going to make a motion to deny the conditional use permit also. **Isaac Naatz:** Second. **Brian Douglas (Chair):** Motion by [unintelligible], second by Isaac. Any further discussion? All in favor? **Commissioners:** Aye. **Brian Douglas (Chair):** Opposed? Motion carries. So then the conditional use permit for the Grand O2. **Chad Johnson:** I will move that we just deny. **Chris Nobach:** Second. **Brian Douglas (Chair):** Motion by Johnson, second by Noak to deny the conditional use permit for Grand O2. Any further discussion? All in favor? **Commissioners:** Aye. **Brian Douglas (Chair):** Opposed? Motion carries. Okay. And then I'll direct staff to draw up a findings of fact from City Attorney to bring back to the next meeting. Correct? So next item on the agenda is... okay, there was a misprint in the next regular City Council meeting, it shows the 16th but it's actually the 23rd of July. So everybody take note of that. And then the next regular Planning Commission meeting is on the—well, but we need to change that, correct Zach? So any other days okay with you guys? 19th? Would that be Monday, August 19th? **Commissioners:** Yes, that works. **Brian Douglas (Chair):** Okay with you guys? Okay, we're going to change that to the 19th then. 8/19. My gosh. Anything else to come before the committee tonight? [31:03] **Neil:** Chair, just give me a second here. I want to check on the 60-day rule. The 19th... when was this application put in? **Zach:** 6/21. **Neil:** I think they'd have enough time, so we're okay. I think, just in case something goes wrong, you might want to do an extension on the application period to 120 days. **Brian Douglas (Chair):** Okay, so we do that because that would only give us two days if something doesn't happen and we depend on that. Okay, we would have to have an emergency meeting. So if you would just do an extension of the 60-day rule to 120 days, and make a motion, and Zach will draft and send it certified just in case something goes wrong. It's cutting it pretty close. **Isaac Naatz:** So moved. **Chad Johnson:** Second. **Brian Douglas (Chair):** Any further discussion? All in favor? **Commissioners:** Aye. **Brian Douglas (Chair):** Okay, so it moves up to 120 days. Anything else from anybody? Is there a motion to adjourn? **Isaac Naatz:** Move to adjourn. **Diane Johnson:** Second. **Brian Douglas (Chair):** Motion by Isaac, second by Diane to adjourn. All in favor? **Commissioners:** Aye. **Brian Douglas (Chair):** Opposed? Motion carries. Thank you, everyone.