. >> GOOD EVENING AND WELCOME TO THIS JANUARY 15TH MEETING OF THE BLOOMINGTON PLANNING COMMISSION. THE PLANNING COMMISSION ADVISES THE CITY COUNCIL ON DEVELOPMENT PROPOSALS DEVELOPMENT STANDARDS LONG RANGE PLANNING AND TRANSPORTATION ISSUES. SOME ITEMS BEFORE THE PLANNING COMMISSION ARE STUDY ITEMS WHERE THE PLANNING COMMISSION DOES NOT TAKE FINAL ACTION WHILE OTHER ITEMS ARE PUBLIC HEARINGS WHERE WE WILL TAKE FINAL ACTION DURING PUBLIC HEARINGS THE PUBLIC IS ENCOURAGED TO TESTIFY. YOU CAN DO THAT HERE AT CITY HALL OR YOU CAN ALSO DO SO BY CALLING IN FROM HOME FOLLOWING THE DIRECTIONS ON THE BOTTOM OF YOUR SCREEN I WILL PROVIDE SOME ADDITIONAL INFORMATION ON PUBLIC HEARINGS AS WE GO INTO ITEM NUMBER ONE. SO I'LL HAVE SOME ADDITIONAL INFORMATION AT THAT TIME ON SOME ITEMS, THE PLANNING COMMISSION HAS FINAL DECISION MAKING AUTHORITY. WELL ON OTHER ITEMS THE PLANNING COMMISSION IS AN ADVISORY COUNCIL OR COMMISSION RATHER AND WE WILL ADVISE THE CITY COUNCIL AND THEY WILL MAKE THE FINAL DECISION ON THAT ITEM. THE PLANNING COMMISSION IS MADE UP OF SEVEN VOLUNTEER RESIDENTS OF THE CITY OF BLOOMINGTON EACH PLANNING COMMISSION HAS BEEN A PLANNING COMMISSIONER HAS BEEN APPOINTED TO SERVE A THREE YEAR TERM WITH A TWO TERM LIMIT. ALL SEVEN OF THE PLANNING COMMISSIONERS ARE HERE THIS EVENING SO WE DO HAVE A QUORUM . WE'LL BEGIN THIS MEETING BY STARTING WITH THE PLEDGE OF ALLEGIANCE. PLEASE RAISE YOUR FEET. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL . ALL RIGHT. ITEM NUMBER ONE THIS EVENING IS FOR IN A CONDITIONAL USE PERMIT AND FINAL SITE AND BUILDING PLANS FOR A CONVENIENCE FACILITY WITH FUEL SALES AT 1050 AND 1000 WEST 94TH STREET THE APPLICANT IS QUICK TRIP KARIM SURAT IS HERE WITH THE STAFF REPORT. YES HI GOOD EVENING CHAIR AND COMMISSIONERS AS YOUNG WE PRESENTED TONIGHT ON A CONDITIONAL USE PERMIT AT FRONT OF CELL SITE AND BUILDING PLANS FOR A CONVENIENCE FACILITY WITH FUEL CELLS AT 1050 AND 1000 WEST 94TH STREET. I'M STARTING LET'S SEE STARTED OFF I JUST WANT TO PROVIDE A BACKGROUND ON WHERE THE PROPOSED LOCATION WILL BE IS LOCATED RIGHT OFF THE INTERSTATE 35 W AND WEST 94TH STREET SORRY THE A3 ZONING DISTRICT IS LOCATED PRIMARILY IN A INDUSTRIAL ZONE WHICH IS SANDWICHED IN BETWEEN BLOOM TECH WORKPLACE AND ZIGGLER CAMPUS . CURRENTLY THE SITE IS TWO LOTS SO THERE WILL HAVE TO BE A LOT OF CONSOLIDATION. THE FIRST SLIDE IS 1050 WEST 94TH STREET AND THE SECOND SITE IS 1000 WEST 94TH STREET SO THAT WOULD BE COMBINED INTO ONE LOT WHICH WILL LOOK SOMETHING LIKE THIS. THIS WAS THIS IS A PROPOSED FEATURES I'VE DECIDED WE'RE GOING TO HAVE A CANOPY AND THEN A CONVENIENCE FACILITY. I'M GOING BACK TO THE LAND USE GUIDANCE AND ZONING. I WANT TO MAKE SURE THAT IT'S ZONED LIKE I SAID I THREE GENERAL INDUSTRY BUT IT'S GOT AN INDUSTRIAL SO THAT'S THE PRIMARY PURPOSE OF THE SITE IN REGARDS TO THE SITE PLAN, THIS I PLAN ON FEATURES A 7350 SQUARE FOOT CONVENIENCE FACILITY AND ALSO A 3801 SQUARE FOOT I GUESS FILLING CANOPY THE FLOOR PLAN BECAUSE JUST OVER A PROPOSED GENERATION TWO CONVENIENCE STORE A QUICK TRIP WILL FEATURE PRETTY STANDARD PARKING IS IN COMPLIANT IS IN COMPLIANCE IS 46 ON SPACES AS REQUIRED 39 SPACES IS PROVIDED SO WE DON'T STAFF DOES NOT SEE ANY CONCERNS WHEN IT COMES TO PARKING IN REGARDS TO LANDSCAPING LANDSCAPING IS IN COMPLIANCE AS WELL WITH A ONE NOTE THAT A COMPLIANT PARKING ALL WILL BE ADDED TO THE SITE THAT WOULD BE ONE OF THE CONDITIONS THAT'S NECESSARY IN TERMS OF ELEVATION I'M SURE EVERYONE HAS SEEN A QUICK TRIP AROUND BUT IT'S GOING TO BE A STANDARD CORPORATE CORPORATE LOGO EXTERIOR BUILDING MATERIALS A FINISH WAS FOUND TO BE A COMPLIANCE WITH OUR CITY CODE STANDARDS WITH THE BRICK FACADE, GREEN METAL ROOFING, ALMOND FACIA AND SOFFIT AND LED BUILDING SIGNS WHICH ALL IS IN COMPLIANCE WITH OUR CITY CODE STANDARDS EMISSION OF FUEL A CANOPY SO THERE WILL BE A PUMPS WITH 16 FUEL POSITIONS LLC LETTERS AND A RED STRIPE HELMET FASCIA AND UNDERGROUND STORAGE TANKS WHICH HAS THE QUANTITY WILL BE FIVE. I DO WANT TO CALL OUT THAT THIS SITE IS LOCATED WITHIN THE LYNDALE SUBURBAN, THE LYNDALE AVENUE SUBURBAN RETROFIT PLAN WHICH IS A SPECIALIZED AREA PLAN SEPARATE FROM DISTRICT PLAN. I CALLED THIS OUT BECAUSE WELL I WANT TO NOTICE THAT THIS SITE WHILE IT IS PART OF THE LYNDALE AVENUE SUBURBAN RETROFIT PLAN IT'ST'S 900 900FT AWAY FROM LYNDALE AVENUE . THE SUBURBAN PLAN CALLS OUT 42 KEY NODES WHICH IS NOT PART OF THE SITE. THE SITE IS ONLY INDUSTRIAL. THOSE T THOSE TWO KEY NODES IS PRIMARILY FOCUSED ON WHETHER REDEVELOPMENT OF A B FOR ZONING DISTRICTS. SO WE DON'T SEE ANY ISSUES WITH THE PROPOSED LOCATION IN REGARDS TO THE LINDO AVENUE RETROFIT PLAN. SO WIT THAT STAFF DOES RECOMMEND APPROVAL FOR THE CONDITIONAL USE PERMIT AND WE ALSO HAVE THE FINAL SAY THEN PUT THEIR PLANS UP FOR REVIEW . THANK YOU MR. SURAT WE'LL BEGIN WITH QUESTIONS FOR STAFF SEEING NONE MR. SHAH IS THE APPLICANTVAILABLE? YES. ALL RIGHT. I WOULD INVITE THE APPLICANT. ARE THEY ONLINE? ARE THEY HERE? THEY ARE HERE ALL RIGHT, COME ON UP. PLEASE INTRODUCE YOURSELF TO US AND LET US KNOW ANYTHING WE SHOULD NEED TO KNOW. OKAY. GOOD EVENING, COMMISSIONERS, AND THANK YOU FOR THE OPPORTUNITY TO SHARE WITH YOU ABOUT QUIKTRIP WHAT I'D LIKE TO SHARE TONIGHT. IT'S JUST A LITTLE BIT MORE ABOUT THE COMPANY AND WHAT WE PROVIDE FOR OUR COMMUNITIES THAT WE GO INTO. WE ARE A FAMILY OWNED BUSINESS THAT HAS ACTUALLY CELEBRATED 60 YEARS THIS YEAR OF BEING A FAMILY OWNED BUSINESS WHICH IS AN IMPORTANT PART OF WHAT WE DO BECAUSE WE'RE ABLE TO REALLY FOCUS ON DECISIONS THAT NEED TO BE MADE FOR THE COMPANY THAT IS A SMALL GROUP OF PEOPLE THAT MAKE THOSE DECISIONS. SO A COUPLE OTHER THINGS WE OPERATE 917 STORES IN THE SEVEN MIDWEST STATES. WE EMPLOY OVER THROUGH THOSE STATES 39,000 EMPLOYEES. WE'RE ABLE TO MAKE AND SHIP 80% OF OUR OWN BRANDED PRODUCTS. THEY ARE MADE IN LA CROSSE, WISCONSIN AND A 130 ACRE PARCEL. WE HAVE OUR OWN KITCHENS, OUR OWN BAKERY, OUR OWN FUEL, OUR OWN TECHNICIANS WHO WORK ON OUR TRUCKS. EVERYTHING IS IN LA CROSSE AND HANDLED OUT OF OUR LA CROSSE, WISCONSIN. THE OTHER NICE THING WITH BEING IN LA CROSSE AS WE WORK WITH NOT ONLY LOCAL FARMERS THERE BUT LOCAL FARMERS THROUGHOUT OUR SEVEN STATE AREA TO PROVIDE REALLY FARM TO FRESH FOOD IN THE STORES AND THAT COULD BE EVERYTHING FROM EGGS MEAT PRODUCE A LOT OF THE THINGS THAT WE USE TO MAKE OUR FOOD. >> VERTICAL INTEGRATION I WANT TO TALK ABOUT THAT BECAUSE IT'S THE REASON WE ARE ABLE TO PROVIDE WHAT WE CONSIDER VERY ECONOMICALLY BASED PRICED ITEMS AND WE MAKE IT WE SHIP IT, WE SELL IT AND SO THAT'S EVERYTHING FROM BRINGING THE RAW MATERIALS INTO LACROSSE AND THEN MAKING EVERY PART OF IT. WE HAVE WORLD CLASS PRODUCTION FACILITIES. WE HAVE OUR TESTING IN OUR LACROSSE CAMPUS, OUR HEALTH AND SAFETY. SO THAT'S HOW WE REMOVE EXCESS COSTS AND CONTROLS AND LOWER TRANSPORTATION AND TURNAROUND TIME EVERY STORE GETS A DAILY DELIVERY WITH QUICK TRIP IN ORDER SO THAT THINGS ARE FRESH AND ON THE SHELF FOR OUR CUSTOMERS. WE ARE A HUGE COMMUNITY PARTNER. ONE OF THE THINGS THAT WE PRIDE OURSELVES ON IS PARTNERING WITH OUR COMMUNITIES AT GRAND OPENINGS. WE WILL ALWAYS GIVE AWAY DONATIONS TO TO LOCAL ENTITIES WHETHER IT'S POLICE AND FIRE, WHETHER IT'S THE COMMUNITY TABLE HERE WHICH WAS A NONPROFIT FOOD ORGANIZATION. BUT WE ARE HEAVILY INVOLVED WITH OUR COMMUNITIES AND WE ALSO WILL SUPPORT COMMUNITY EVENTS, WILL SUPPORT COMMUNITY PARADES, WILL SUPPORT DIFFERENT COMMUNITY THINGS THROUGHOUT THE WHOLE YEAR. SO WE GET HEAVILY INVOLVED WITH OUR COMMUNITIES BECAUSE WE KNOW THAT'S WHAT DRIVES OUR BUSINESS. THE OTHER PART IS WE HAVE A CULTURE OF CARING. WE GIVE 40% PRETAX BACK TO EVERY SINGLE EMPLOYEE IN THE COMPANY WHETHER THEY'RE PART TIME OR FULL TIME. EVERY EMPLOYEE GETS 40% BONUS A BONUS CHECK AT THE END OF THE YEAR WE GIVE ANNIVERSARY AND BIRTHDAY GIFTS. WE HAVE A 30 PAID DAY SABBATICAL AFTER 20 YEARS OF EMPLOYMENT FAMILIES HELPING FAMILY IS OUR QUOTE UNITED WAY PROGRAM WHICH TAKES CARE OF THE EMPLOYEES IF SOMETHING WERE TO HAPPEN AND THEY CANNOT PAY THEIR RENT NEED AN AUTOMOBILE FIXED WE HELP WITH THOSE EXPENSES THROUGH THIS PROGRAM. NEIGHBORS HELPING NEIGHBORS IS WHERE PEOPLE CAN GET BACK AT THE CASH REGISTERS AND THEN FOOD DONATIONS WE LOVE AGAIN TO GIVE BACK TO OUR FEEDING AMERICA PARTNERSHIPS AND OUR LOCAL FOOD SHELVES. >> I JUST TALKED ABOUT THIS OUR ACTIONS SPEAK LOUDER THAN OUR WORDS. ONE WAY WE CARE SIGNIFICANTLY FOR OUR COWORKERS IS BY GIVING THEM ANNUAL BONUSES AND THEN MEAL SOLUTIONS. WE REALLY TRY AND PROVIDE A GREAT OPPORTUNITY FOR LOTS OF FOOD. AS YOU CAN SEE HERE, THIS IS ONE OF OUR GROCERY CASES WE HAVE EXPANDED GROCERY IN OUR STORES. WE HAVE A HOT SPOT THAT FOOD IS MADE HOURLY AND PUT OUT ON THE HOT SPOT AND THEN WE HAVE OUR OWN PRODUCE ISLAND NOW IN THE STORES SO WE SIGNIFICANTLY INCREASE THE PRODUCE THAT WE OFFER IN OUR STORES. >> HERE'S A PRELIMINARY ELEVATION PLAN AGAIN THAT JUST SHOWS WHAT OUR FACADE AND BUILDING LOOKS LIKE IN THIS STORE FROM A JOB OPPORTUNITY THIS WILL PROVIDE ANYWHERE FROM 25 TO 45 JOBS. TYPICALLY 60% IS PART TIME, 40% IS FULL TIME BUT IT COULD BE AS HIGH AS 50%. OUR FULL TIME AND 50% OF OUR PART TIME. >> THIS IS A FOUR MONTH THAT TYPICALLY WHEN WE BUILD WE HAVE A 4 OR 4 AND A HALF MONTH BUILD CYCLE AND RIGHT NOW THIS STORE WILL BE SLATED TO BE BUILT IN 2027. SO THANK YOU FOR YOUR TIME AND I'LL TAKE ANY QUESTIONS. THANK YOU. ANY QUESTIONS FOR THE APPLICANT? COMMISSIONER WHITNEY THANK YOU CHAIR THANK YOU VERY MUCH FOR THE PRESENTATION AND JUST QUICK TRIP WILL THE STORE OPERATE 24 SEVEN OR WHAT ARE THE TYPICAL HOURS? YES, WE WOULD LIKE TO OPERATE 24 SEVEN HERE. THE REASON WE OFFER OUR 24 SEVEN AGAIN IS TO PROVIDE SERVICE FOR ALL THE DIFFERENT SHIFTS THAT DIFFERENT PEOPLE WORK AND WE FEEL THAT'S IMPORTANT TO PROVIDE FOR THE COMMUNITIES WE FOLLOW UP QUESTION CAN YOU TALK ABOUT THE IS THERE DIESEL FUEL ALSO AND DOES IT SERVICE SEMI TRUCKS? CAN THEY STAY OVERNIGHT THINGS LIKE THAT? IF YOU COULD TALK A LITTLE BIT MORE ABOUT THIS LOCATION. THANK YOU FOR THE QUESTION. THIS LOCATION DOES NOT HAVE TRUCK PARKING NOR WILL IT SERVICE SEMI TRUCKS. IT HAS DIESEL FUEL FOR CARS WHICH WILL BE IN LINE WITH THE CANOPY. HOWEVER, THIS IS NOT A TRUCK STOP NOR WILL IT BE ABLE TO. THE ONLY TRUCK YOU'LL SEE IN AND OUT IS OUR DELIVERY TRUCK THAT WILL DROP OFF OUR DELIVERIES. I HAVE A QUESTION WHEN I LOOK AT KWIK TRIPS MODEL THIS SEEMS TO BE SORT OF YOUR FIRST LOCATION REALLY IN THE METRO. CAN YOU SPEAK TO US ABOUT IS THAT A CHANGE FOR QUICK TRIP OR ARE YOU LOOKING TO GET MORE INTO THE METRO AREA? >> IT'S NOT A CHANGE FOR QUICK TRIP. IT'S BECAUSE OUR FOOTPRINT AS YOU NOTICED AS KARIM PRESENTED WE'RE COMBINING TWO LOTS. IT'S DUE TO THE SIZE AND ONE OF THE IMPORTANT THINGS FOR OUR SITES IS SAFETY AND SO THE DISTANCE BETWEEN OUR STORE IN THE CANOPY, THE CANOPY AND ADDITIONAL PARKING AROUND, WE FEEL IT'S A VERY IMPORTANT TO HAVE A BIGGER LOT SIZE AND SO THAT HAS BEEN THE CHALLENGE WITH TRYING TO GET INTO THE INNER RING OF SUBURBS BUT WE ARE SLOWLY MAKING OUR WAY INTO THAT AND FINDING OPPORTUNITIES AND THAT IS ONE THING THAT WE ARE WORKING ON AND WE WANT TO BE IN THE IN THE COMMUNITIES. THANK YOU. OTHER QUESTIONS FOR THE APPLICANT MR. WHITE THANK YOU CHAIR AND THANK YOU FOR THE PRESENTATION. JUST A QUICK QUESTION AND I'M NOT SURE IF THIS IS FOR YOU OR IF THIS IS FOR STAFF. SO APOLOGIES BUT I'M WONDERING THE BUSINESSES THAT ARE THERE NOW DO YOU ALREADY OWN THE PROPERTY? I'M SORRY IF I MISSED THAT IN THE PACKET OR WILL THOSE BUSINESSES BE RELOCATED OR DESTROYED? THOSE BUSINESSES ARE UNDER CONTRACT. ONE OF THEM IS CURRENTLY IN THE ROOM AND WE WILL WAIT TO CLOSE ON THE PROPERTY ONCE WE'RE THROUGH FINAL APPROVALS AND WE GET THROUGH A FEW LITTLE LOGISTICS TIGHT OLD PAPERWORK ITEMS AND THEN WE WILL LOOK TO CLOSE ON THE PROPERTY JUST SO COMMISSION PLANNING COMMISSION TO JUST SAY YOU KNOW THIS PROJECT IS A LITTLE MORE NEAR AND DEAR BECAUSE I AM A RESIDENT OF BLOOMINGTON AND I LIVE IN BLOOMINGTON AND SO I WAS VERY EXCITED TO BE ABLE TO BRING THIS TO YOU THIS EVENING . OTHER QUESTIONS FOR THE APPLICANT SEE NONE. THANK YOU. IF YOU COULD BE SURE TO SIGN IN FOR US ON THE PAD THERE WOULD BE APPRECIATE IT WITH THAT THEN WE WILL MOVE TO THE PUBLIC HEARING PORTION OF THIS ITEM AND BEFORE WE OPEN IT UP I DO WANT TO JUST GO THROUGH A FEW A FEW GROUND RULES FOR FOR PUBLIC PARTICIPATION AS MANY OF YOU MAY BE NEW TO THE PLANNING COMMISSION SO I'LL OPEN OFF THE PUBLIC HEARING THAT WILL ONLY BE FOR THIS ITEM. EACH ITEM WILL HAVE ITS OWN PUBLIC HEARING. SO IF YOU'RE HERE FOR ANOTHER ITEM JUST GO AHEAD AND WAIT AND WE'LL GET YOU AT THAT TIME. WE'LL HAVE YOU SIGN IN AT THE PODIUM JUST AS THE APPLICANT DID THERE. WE APPRECIATE THAT. FOR THE RECORD, WHEN WE WHEN WE TAKE PUBLIC COMMENTS, I DO WANT TO REINFORCE AS A PUBLIC COMMENT PERIOD AND NOT A PUBLIC QUESTION AND ANSWER PERIOD AND REALLY THE WAY THAT WORKS IS WE'RE GOING TO TAKE ALL YOUR QUESTIONS BUT WE WON'T ANSWER THEM RIGHT AWAY. SO IT'S NOT THAT WE DON'T HEAR YOU. IT'S NOT THAT WE DIDN'T DON'T FEEL LIKE ANSWERING YOUR QUESTION. IT MAKES IT MORE EFFICIENT IF WE COLLECT ALL OF YOUR QUESTIONS AND THEN AFTER THE PUBLIC HEARING IS CLOSED IF THE PLANNING COMMISSION SO CHOOSES WE WILL THEN ADDRESS THOSE QUESTIONS WITH STAFF OR OTHERWISE. SO IF WE DON'T ANSWER YOUR QUESTION RIGHT AWAY IT'S NOT THAT WE WE DIDN'T CARE OR I DIDN'T HEAR YOU AND SO WE'LL GET TO IT AFTER THE PUBLIC HEARING HAS CLOSED, ALL COMMENTS CAN BE DIRECTED TO ME THE CHAIR AND WE ARE GOING TO HAVE A TIME LIMIT TO KEEP THINGS EFFICIENT THIS EVENING. SO THERE IS A CLOCK ON THE WALL. IT'S SET AT THREE MINUTES SO PLEASE BE RESPECTFUL OF THAT. THAT WAY WE ENSURE THAT EVERYONE HAS A CHANCE TO SPEAK THIS EVENING AND NOT ONE PERSON IS IS TAKING ALL OF THE TIME OKAY WITH THAT WE WILL THEN OPEN THE PUBLIC HEARING FOR THIS APPLICATION AND FOR QUIKTRIP AND IF ANYONE WOULD LIKE TO SPEAK TO THIS ITEM PLEASE COME FORWARD. GOOD EVENING. GOOD EVENING SIR. GOOD EVENING BOARD I JUST WANTED TO SPEAK ON BEHALF OF QUIKTRIP. I'M NOT AFFILIATED WITH QUIKTRIP I'VE WORKED WITH THEM IN THE PAST. WE OPERATE A CO2 WELDING GAS SUPPLY BUSINESS AND WE ARE PARTNERS WITH THEM. THEY RUN A VERY CLEAN OPERATION AND WE APPRECIATE EVERYTHING THAT THEY DO HAVING THEM HERE IN BLOOMINGTON AS A FELLOW RESIDENT IS MUCH APPRECIATED. IT'S NICE TO HAVE THEM INSIDE THE RING OF 494 AND THAT'S ALL I HAVE TO SAY ABOUT THAT. AND CAN WE GET YOUR NAME PLEASE? BLAKE NICOLAY THANK YOU VERY MUCH. IT'S 19 FOR ME PLEASE. BUT ANYONE ELSE LIKE TO TESTIFY ON THIS ITEM? GOOD EVENING. EVENING. ERIC OLAFSSON. I LIVE JUST DOWN THE ROAD FROM THE SITE AND I JUST WANTED TO BRING FORTH THE CONCERN I HAVE ABOUT SATURATION OF GAS STATIONS IN THIS SPECIFIC AREA. THERE'S ABOUT EIGHT OF THEM WITHIN A MILE AND A HALF OF MY HOUSE AND I'M JUST WORRIED THAT THIS MIGHT DISRUPT ONE OR MULTIPLE AND WE MIGHT HAVE A SITE THAT COULD GO OUT OF BUSINESS AND BE HARD TO REPLACE. THANK YOU . WOULD ANYONE ELSE TO PROVIDE TESTIMONY ON THIS ITEM? MATT BROWN IS THERE ANYONE ONLINE? WE HAVE ONE PARTICIPANT ONLINE AT MR. BYAM WOULD YOU LIKE TO SPEAK ON THE SITE? >> NATE BYNUM AND QUIKTRIP I'M I'M JUST HERE TO SUPPORT AS OUR STORE ENGINEERING CONTACT FOR ANY TECHNICAL QUESTIONS THE BOARD OR ANY OTHERS MIGHT HAVE AT THIS TIME. >> GREAT. THANK YOU VERY MUCH. LAST CALL FOR ANYONE WHO WOULD LIKE TO TESTIFY ON THIS APPLICATION. IF NOT I WOULD LOOK FOR A MOTION TO CLOSE THE PUBLIC HEARING SO MOVED FOR A SECOND. WE HAVE A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING. ALL THOSE IN FAVOR SAY I. I OPPOSED. MOTION PASSES SEVEN ZERO. WE WILL MOVE TO DISCUSSION . COMMISSIONER WHITE THANK YOU, MR. CHAIR. I'M I'VE OFTEN WONDERED WHY THERE ARE NO GAS STATIONS RIGHT OFF THE HIGHWAY OF INTERSTATE 35 AND BLOOMINGTON. I KNOW THERE'S JUST ONLY A COUPLE OF A 494 AND BLOOMINGTON AND SO I GUESS MAYBE THIS IS A QUESTION FOR PLANNING MANAGER JOHNSON IF HE HAS ANY INSIGHT INTO THAT OR ANY OTHER MEMBER OF THE STAFF BECAUSE I BELIEVE THIS WOULD BE THE ONLY GAS STATION IN BLOOMINGTON RIGHT OFF OF THE INTERSTATE NOT HAVING TO GO MORE THAN A BLOCK OR TWO OFF A 35 W MR. JOHNSON YEAH. CHAIR. MR. WHITE THANKS FOR THE QUESTION. THERE IS SPEEDWAY ON 90TH STREET F 35 W THAT'S IN FAIRLY CLOSE PROXIMITY TO 35 W THERE'S ALSO A GAS STATION I BELIEVE OFF OF PORTLAND ON NEAR 494 THAT'S RELATIVELY CLOSE SO THERE ARE A FEW BUT TO THE APPLICANT'S POINT AROUND SITE ASSEMBLY AND KIND OF HISTORIC DEVELOPMENT PATTERNS I THINK WHEN YOU KNOW A LARGE BULK PORTION OF THE 494 AREA WAS DEVELOPING IN THE 50S AND 60S AND 70S MAYBE THERE JUST WASN'T AS MUCH CONSOLIDATION AND FOR FUEL OBVIOUSLY THERE ARE ON OUR OTHER PAN AVENUE LYNDALE AVENUE TO ONE OF THE OTHER SPEAKERS POINT BUT YEAH I THINK IT'S MORE JUST ABOUT HOW THESE AREAS DEVELOPED HISTORICALLY INSIDE ASSEMBLY FOR THE MOST PART. THANK YOU MR. JOHNSON WHILE WE HAVE YOU I DID JUST WANT TO TOUCH BASE A LITTLE BIT ON THE PLANNING COMMISSION'S ROLE ON THIS APPLICATION. SO IF IF I'M UNDERSTANDING CORRECTLY THE WAY THE PLANNING COMMISSION SHOULD VIEW THIS IS A CONVENIENCE FACILITY WITH FUEL CELLS AND WE ARE NOT TO TAKE IN THE FACT THAT IT'S QUIKTRIP AND WHETHER I PERSONALLY LIKE QUIKTRIP OR NOT IS NOT GERMANE TO THE APPLICATION AND THAT THE PLANNING COMMISSION SHOULD BE VIEWING THIS THROUGH THE LENS OF A CONVENIENCE FACILITY WITH FUEL CELLS. IS THAT CORRECT? CHAIR CORRECT. AND THAT'S CORRECT. THE LAND USE APPROVALS RUN WITH THE LAND SO IN THEORY ANOTHER OPERATOR COULD UTILIZE THAT APPROVAL SHOULD IT BE GRANTED TO CONTINUE TO OPERATE THE STORE AS APPROVED IN THE PLANS SHOWN BEFORE YOU? SO YEAH, JUST TO EMPHASIZE IT DOES RUN WITH THE LAND YOU'RE NOT EVALUATING IT BASED ON THE BRAND OF WHO THE APPLICANT IS. THANK YOU FOR THAT CLARIFICATION COMMISSIONER. LET ME THANK YOU CHAIR AND I THINK THIS IS PROBABLY A QUESTION FOR MR. SHERROD RECOGNIZING THAT THERE IS MORE CONSTRUCTION AND WORK TO COME WITH FOR 94 AND 35 W ARE WE POSITIVE WITH MIND AT THAT NONE OF THIS WILL BE IMPACTED BY CHANGES TO 35 W IN THE NEAR TERM THAT WE'RE AWARE OF. YES. COMMISSIONER LAND DURING THE DEVELOPMENT REVIEW COMMITTEE PROCESS PUBLIC WORKS HAS IDENTIFIED ANY CONFLICT AND PROBLEMS WITH ANY PROPOSED CONSTRUCTION OF 44 AND SO THAT WAS NOT ADDRESSED RIGHT. OTHER COMMENTS MR. WHITE THANK YOU CHAIR. I AM CURIOUS AND I APOLOGIZE IF I MISSED THIS IN THE STAFFING PACKET BUT AS SOMEONE BROUGHT UP THERE ARE A NUMBER OF EXISTING GAS FUEL FACILITIES IN THE AREA ALREADY. IS THERE ANY CONCERN FROM AN ENVIRONMENTAL PERSPECTIVE OF ADDING MORE UNDERGROUND TANKS AND THE RISK WITH THAT REPRESENTS. SURE. COMMISSIONER WHITE AGAIN DURING THE DEVELOPMENT REVIEW COMMITTEE ADDITIONAL UNDERGROUND TANKS THERE WAS NOT A CONCERN THAT WAS RAISED BY OUR PUBLIC WORKS DEPARTMENT. IF THERE WERE IF IT WAS A CONCERN IT WOULD BE ADDRESSED AND MITIGATED BUT THAT WAS NOT RAISED DURING OUR PROCESS. MR. JONES AND I CAN THINK OF AT LEAST ONE THING IN OUR CITY CODE THAT HAS PROXIMITY REQUIREMENTS THAT YOU CANNOT BE SO NEAR ANOTHER OF THE SAME USAGE AND THAT WOULD BE PAWNSHOPS I BELIEVE YOU CAN'T BE CERTAIN DISTANCE FROM ANOTHER ONE IS DOES THAT APPLY TO FUEL STATIONS IN ANY WAY? CHAIR COOKED THEN IT DOES NOT . SELF-STORAGE FACILITIES IS ANOTHER USE IN OUR CODE THAT HAS A PROXIMITY REQUIREMENT. PAWNSHOPS ACTUALLY HAS TO DO WITH A NUMBER OF LICENSES PER NUMBER OF RESIDENTS IN THE CITY SO THAT'S A SLIGHTLY DIFFERENT EQUATION BUT NO FUEL STATIONS ARE NOT SUBJECT TO A MAXIMUM NUMBER OVERALL OR A PROXIMITY DISTANCE STANDARD IN OUR CODE. THANK YOU, MR. JOHNSON. WHEN I SAW THIS APPLICATION I INITIALLY HAD SOME PAUSE. DO I LOVE THE IDEA OF NEW GAS STATIONS COMING INTO BLOOMINGTON? I'M NOT SURE WERE FULLY BUILT OUT CITY BECAUSE THEY'RE A HIGHER AND BETTER LAND USE THAN A GAS STATION MAYBE I'M NOT SURE ABOUT THAT BUT AND THIS WILL BE A PERHAPS A RECURRING THEME THIS EVENING IS THAT THE PLANNING COMMISSION DOESN'T HAVE UNILATERAL AUTHORITY TO DO WHAT WE WANT BECAUSE WE LIKE IT OR NOT. WE HAVE CITY CODES AND STATE STATUTES TO FOLLOW AND IN THIS CASE WE HAVE FINDINGS TO MAKE AND IF WE CAN MAKE THE FINDINGS OF THE APPLICATION THEN WE ARE OBLIGED TO TO APPROVE IT AND IN THIS CASE I AM ABLE TO MAKE THE REQUIRED FINDINGS OF THIS APPLICATION AND WHETHER I LIKE QUICK TRIP OR NOT IS REALLY NOT GERMANE TO THIS APPLICATION. THEY ARE A CODE COMPLIANT AND BUSINESS THAT I CAN MAKE THE FINDINGS FOR AND I WILL BE IN SUPPORT OF IT. MR. CUNNINGHAM THANK YOU CHAIR. I ECHO YOUR SENTIMENT. I HAD A LITTLE BIT OF PAUSE SIMILAR TO COMMISSIONER WHITE'S COMMENT ABOUT UNDERGROUND STORAGE TANKS. THEN I SAW THAT ONE OF THE COMMISSION OR CONDITIONS OF PERMIT IS A NINE MILE CREEK WATERSHED PERMIT WHICH IS A VERY THOROUGH PROCESS AND SO I AGREE WITH CHAIR COOKED ON THAT. I CAN MAKE THE REQUIRED FINDINGS AND I'M IN SUPPORT OF THIS. THANK YOU COMMISSIONER. YEAH, I AM FULLY IN SUPPORT OF THIS PROPOSAL. I THINK TO THAT POINT I HAVE NUMEROUS TIMES COME CLOSE TO RUNNING OUT OF GAS. I'M 35 SO FOR CONVENIENCE GAS STATION RIGHT OFF THE HIGHWAY WOULD BE BENEFICIAL. BUT MORE SERIOUSLY I THINK IT IS ACTUALLY A GOOD USE OF THE SPACE. I MEAN I THINK THAT I GREW UP IN A NEIGHBORHOOD THAT HAD A BIG QUICK TRIP LIKE SITUATION AND IT REALLY DID PLAY A KEY ROLE IN THE COMMUNITY AND RECOGNIZING THAT IT IS INDUSTRIAL SPACE. I THINK THIS IS ACTUALLY THE SWEET SPOT OF TURNING AN INDUSTRIAL AREA INTO SOMETHING THERE SOMETHING THAT HAS A LITTLE BIT MORE SENSE OF COMMUNITY THAN WHAT ACTUALLY EXIST IN AN INDUSTRIAL AREA. SO I'M FULLY SUPPORTIVE OF IT AND THINK THAT THIS WOULD BE A GREAT ADDITION TO THE COMMUNITY AND I WOULD SECOND THAT COMMISSION AND I THINK THE LOCATION OF THIS IS GOOD IT'S RIGHT OFF THE HIGHWAY. I DON'T NECESSARILY SEE A LOT OF THAT TRAFFIC FILTERING IN IF IT DOESN'T NEED TO BE IT COULD BE IN ON THE HIGHWAY OFF THE HIGHWAY TYPE SITUATION. THIS WAS RIGHT ON LYNDALE SO I WOULD BE SIGNIFICANTLY MORE CAUTIOUS ABOUT IT BUT I THINK THIS IS A GOOD LOCATION IN AN INDUSTRIAL AREA. ANY OTHER THOUGHTS? >> COMMISSIONER SELLERS I HAVE A QUESTION AND I THINK THIS IS FOR OUR PLANNING STAFF MEMBERS WHO ARE HERE AND IN REGARDS TO THE COMMENT FROM OUR COMMUNITY MEMBER IT IS A GAS STATION THAT CLOSES IS VERY CHALLENGING TO REDEVELOP. CHAIR MR. JOHNSON I'LL THROW THAT ONE TO YOU. COMMISSIONER SUMMERS IT CAN BE CERTAINLY THERE'S A COST ASSOCIATED WITH REMEDIATING THE TANKS TANKS FOR THE RECORD AND THERE ARE SOME QUESTION ABOUT TANKS, FUEL TANKS THEY ARE REGULATED BY THE MPCA AS WELL MINNESOTA POLLUTION CONTROL AGENCY. SO THERE ARE SOME STATEWIDE REGULATION OF THOSE THAT GOES ABOVE AND BEYOND WHAT THE CITY IS DOING. IT CAN BE CHALLENGING TO REDEVELOP GAS STATIONS. THAT'S ONE OF THE REASONS THAT HENNEPIN COUNTY ACTUALLY HAS A DEDICATED GRANT FUNDING TO HELPING REMEDIATE OLD TANKS. I THINK YOU KNOW, EVERY SITUATION SITUATION, EVERY SITE IS DIFFERENT. IT JUST REALLY DEPENDS ON WHAT IS THE LAND USE VALUE AND THE DEMAND OF OF THAT PARTICULAR SITE. BUT I THINK IT'S FAIR TO ACKNOWLEDGE THAT IN SOME SITUATIONS SOME LOCATIONS IT CAN BE CHALLENGING. IF I MIGHT COMMISSION CHAIR AND COMMISSIONER SUMMERS, THE ISSUES WE HAVE HAD WITH ENFORCEMENT HAVE BEEN WITH COMBO SERVICE STATIONS AND FUEL STATIONS BECAUSE THE STANDARDS CAN CHANGE OVER TIME FOR EACH THEY WANT TO REDEVELOP OR DO DIFFERENT THINGS ON THE PROPERTY AND CURRENT ZONING MIGHT NOT ALLOW IT. SO THOSE COMBO ONES HAVE BEEN THE REAL PROBLEM NOT THE STRICT FUEL SALES. YEAH. JUST WHEN YOU HAVE DIFFERENT KIND OF DISPARATE USES THAT ARE ALMOST COMBINED ON ONE AND REDEVELOP AND BECOMES HARD SO WE HAVEN'T SEEN MUCH WITH THE JUST GAS SO MR. JOHNSON IF I CAN ADD TO THAT TO BY CAMPBELL ATTORNEY TASK IS REFERRING TO MOTOR VEHICLE REPAIR ONES THAT ALSO INCLUDE VEHICLE REPAIR USES WHICH THIS ONE DOES NOT THIS ONE DOES NOT. SORRY THIS ONE DOES NOT. MR. SUMMERS THANK YOU, CHAIR. SO FOR I ECHO SOME OF MY FELLOW COMMISSIONERS IN THAT THE FINDINGS I SEE THEM HERE AND AGREE THAT IT'S IN LINE WITH WHAT WE WANT TO SEE FROM AN APPLICATION AND I THINK I JUST WANTED TO RAISE THAT THERE IS SOME VALIDITY AND CAUTION TO NOT HAVING TOO MANY GAS STATIONS BUT THAT DOESN'T SEEM TO BE A CONFLICT HERE TO ME. THANK YOU. ANYONE ELSE? COMMISSIONER LINNEY THIS IS PROBABLY IT. THANK YOU, CHAIR. THIS MIGHT ACTUALLY BE A QUESTION SPECIFICALLY FOR THE QUICK TRIP REPRESENTATIVE AND IT'S MORE JUST PURE CURIOSITY RECOGNIZING THAT FUEL SALES ARE A MAJOR COMPONENT OF THE SALES BUT NOT THE ENTIRE SALES. ARE THERE ELECTRIC VEHICLE CHARGING BAYS AT ANY OF YOUR STATIONS AND NOT WHETHER IT'S PLANNED FOR THIS ONE BUT JUST IS THAT SOMETHING QUIKTRIP HAS EXPLORED? THANK YOU. THANK YOU, COMMISSIONER. YES, WE HAVE EXPLORED IT. THERE ARE NOT SPECIFICALLY CHARGERS AT THIS LOCATION BUT WE ARE CURRENTLY AND HAVE BEEN WORKING WITH GRANTS TO GET CHARGERS ON MAJOR FREEWAYS. FOR EXAMPLE THE 94 STRETCH FROM WISCONSIN TO CHICAGO TO MILWAUKEE THAT WHOLE AREA. THERE ARE ALSO SOME IN MINNESOTA. NATE COULD ALSO SPEAK TO A LITTLE BIT MORE BUT WE ARE UNDERWAY INSTALLING QUICKCHARGE WHICH IS WILL BE CHARGING STATIONS FOR THOSE VEHICLES TO TO EXPAND ON THAT SLIGHTLY. WE CURRENTLY HAVE PLANNED I BELIEVE IN WISCONSIN 42 OR 52 SITES THAT WERE HAVE INSTALLED ARE INSTALLING IN MINNESOTA I BELIEVE IT'S IN THE MID-THIRTIES THAT WE'RE EITHER INCLUDING ON NEWBUILDS OR ADDING TO EXISTING FACILITIES OR WE ARE DEFINITELY INCLUDING THAT AMENITY ON OUR SITES WHERE WHERE IS A REASONABLE LOCATION. >> THANK YOU. ANY OTHER COMMENTS FROM COMMISSIONERS? IF NOT I WOULD ENTERTAIN A MOTION. COMMISSIONER CUNNINGHAM IN CASE PL 202500186 HAVING BEEN ABLE TO MAKE THE REQUIRED FINDINGS I MOVED TO ADOPT A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A CONVENIENCE FACILITY WITH FUEL SALES AT 1000 AND 1050 WEST 94TH STREET SUBJECT TO THE CONDITIONS AND CODE REQUIREMENTS LISTED IN THE RESOLUTION. SECOND, WE HAVE A MOTION AND A SECOND FOR THIS FIRST MOTION. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY I. I OPPOSED A MOTION PASSES SEVEN ZERO. COMMISSIONER CUNNINGHAM IN CASE PL (220)250-0186 HAVING BEEN ABLE TO MAKE THE REQUIRED FINDINGS I MOVE TO APPROVE FINAL SITE AND BUILDING PLANS FOR AN APPROXIMATELY 70 300 SQUARE FOOT CONVENIENCE FACILITY WITH FUEL SALES LOCATED AT 1000 AND 1050 WEST 94TH STREET SUBJECT TO THE CONDITIONS AND CODE REQUIREMENTS ATTACHED TO THE STAFF REPORT. IS THERE A SECOND? SECOND WE HAVE A MOTION AND A SECOND FOR THIS FINAL FINAL MOTION. ANY FURTHER DISCUSSION? ALL ALL THOSE IN FAVOR SAY I. I OPPOSED THAT MOTION PASSES SEVEN ZERO THIS IS A FINAL DECISION OF THE PLANNING COMMISSION UNLESS AN APPEAL IS RECEIVED BY THE CITY COUNCIL AND BY 4:30 P.M. ON JANUARY 20TH. THANK YOU VERY MUCH. WE WILL MOVE ON TO OUR SECOND PUBLIC HEARING WHICH IS ITEM NUMBER TWO FOR A CANNABIS MANUFACTURING FACILITY IN AN EXISTING INDUSTRIAL BUILDING AT 8200 GRAND AVENUE SOUTH. MR. SHERROD, YOU'RE BACK FOR ANOTHER STAFF REPORT. YES. SO I'M ONLY PRESENTED A CONDITIONAL USE PERMIT FOR A CANNABIS MANUFACTURER AT 8200 GRAND AVENUE SOUTH. GIVEN A BACKGROUND INFORMATION ON WHERE THIS SITE IS LOCATED IS LOCATED ACROSS THE STREET FROM A MAJOR CORPORATE CAMPUS OR THE TORO CORPORATE CAMPUS AND IS SITUATED INSIDE OF THE I3 ZONING DISTRICT AND IT'S RIGHT ALONG WEST 82ND STREET. THE PROPOSED LOCATION IS GOING TO BE LOCATED IN THE NORTHEAST CORNER OF 8200 GRAND AVENUE SOUTH. THIS WILL BE THE TENANT LOCATION WE FOUND. OUR PARKING IS IN COMPLIANCE AS WELL AS LIGHT IN LIGHT AND HAS BEEN RECENTLY UPDATED WITH AN ON WALL NEW WALL PEGS AND AS OF 2018 THERE IS A LIGHTING PLAN APPROVED OF LIGHTING PLAN IN PLACE. BACKGROUND ON THE LEGALIZATION OF CANNABIS BUSINESS THIS WAS PASSED IN 2023. OUR MINNESOTA STATUTE CHAPTER 342 GOING INTO DETAILS OF WHAT A CANNABIS MANUFACTURER CONSIST OF IS AN ESTABLISHMENT ENGAGED IN A PURCHASE, A SUBSTANCE MANUFACTURE AND PACKAGING AND SALE OF CANNABIS HEMP OR PRODUCTS DERIVED FROM THAT HAS A VALID APPROVED LICENSE ISSUED BY THE STATE OF MINNESOTA. WE HAVE FOUND THAT THIS BUSINESS COMPLIES WITH ALL OF THOSE THINGS ESPECIALLY WITH THE STATE LICENSING WHICH IS THE PROCESS INCLUDES A BACKGROUND CHECK AND FACILITY INSPECTION AND THERE WOULD BE NO RETAIL SITE AT THIS LOCATION. I MENTIONED THAT THIS IS ZONED A-3 SO THIS WILL BE WITHIN THE I THREE OWN ZONING DISTRICT AND FOR THE COMPLAINT THIS ZONE IS GUIDED INDUSTRIAL THE PROPOSED FOR PAYING INCLUDES A PRODUCTION STORAGE OF HEMP PRODUCTION STORAGE OF SAYS NON I CAN'T SEE IT THERE BUT THERE'S OTHER PRODUCTION STORAGE RELATED TO THE MANUFACTURING OF CANNABIS PRE-ROLLS THIS IS BASICALLY THE THE LAYOUT AND I DO WANT TO CALL ATTENTION BECAUSE THERE HAS BEEN SOME CONCERNS ABOUT ODOR. THIS IS GOING TO BE A THEY HAVE A ROBUST AIR PURIFICATION SYSTEM. IT'S A COMMERCIAL AIR PURIFIER UNIT WHICH CONTROLS VOLATILE ORGANIC COMPOUNDS AND IT'S ALL EXTRACTOR APPLICANT CAN SPEAK TO MORE ABOUT THAT IF NEEDED. SO WITH THAT ALL STAFF HAS RECOMMENDED APPROVAL AND I'LL TURN IT OVER TO CHAIR. THANK YOU MR. SHARON. WE'LL START WITH QUESTIONS FOR STAFF AND I WILL BEGIN. SO THE CONCERN OF ODORS IS THIS ATYPICAL CAL OR IS THIS THINGS WE SEE IN OTHER INDUSTRIAL APPLICATIONS WHERE CALL IT I DON'T KNOW A HOT DOG WHATEVER I MEAN IS THIS A THING WHERE OTHER INDUSTRIAL USES HAVE SMELLS AND WE REQUIRE AN ODOR MITIGATION AND THAT'S BEEN SUFFICIENT OR IS THIS UNIQUE TO THIS APPLICATION? OKAY. SO THIS FOR CANNABIS THERE IS NOTHING UNIQUE ON THAT IS A REQUIREMENT IN OUR CODE IT THAT REQUIRES ODOR MITIGATION. WE TOOK THAT AS AN EXTRA STEP WHEN IT COMES TO ODOR MITIGATION WE DO HAVE WHEN IT COMES TO THE PROXIMITY OF RESIDENTIAL USES OR AS A RESIDENCE IT WILL HAVE TO BE WITHIN 150FT WHICH IS SO WE JUST TOOK THE SAME AMOUNT OF PRECAUTION AND REQUIRE AUTO MEDICATION FOR JUST USE AS WELL AS AS WELL AS WE WILL WITH RESTAURANTS AND OTHER USES. THANK YOU MR. JOHNSON IF I CAN ADD TO THAT THANKS TO YOUR COOKING IS THAT WE ONLY HAVE ODOR CONTROL OR MITIGATION REQUIREMENTS FOR ONE USE SET IN OUR CODE CURRENTLY A THAT'S RESTAURANTS AND FOOD PROCESSING USES LIKE PLANTS LIKE LOG HOUSE FOODS OR THOSE KIND OF USES THAT CREATE FOOD PRODUCTS. SO THAT'S CURRENTLY THE ONLY CODE WITH EMBEDDED IN CODE USE THAT REQUIRES ODOR MITIGATION OFF THE JUMP BUT THROUGH A CONDITIONAL USE PERMIT YOU DO HAVE THE DISCRETION TO ADD CONDITIONS OF APPROVAL IF THEY DO ADDRESS CERTAIN NUISANCE CHARACTERISTICS ASSOCIATED WITH THE USE. THANK YOU MR. JOHNSON AND I'LL ASK YOU ANOTHER QUESTION DOES THE CITY OF BLOOMINGTON HAVE THE AUTHORITY TO RESTRICT CANNABIS MANUFACTURING OR BECAUSE THAT'S A STATE LAW ARE WE NOT ALLOWED TO RESTRICT THAT TYPE OF USAGE SHARE COOKED IN AND AGAIN WITH THE CAVEAT THAT A LOT OF THIS IS NEW STATE LEGISLATION AGAIN BEING PASSED IN 2023 SO MANY MUNICIPALITIES ARE JUST LEARNING AND HAVE JUST PASSED ORDINANCES AND LAWS OF BLOOMINGTON PASSED OUR ORDINANCES LAWS IN 2024. SO THIS IS REALLY KIND OF THE FIRST WAVE OF BUSINESSES COMING THROUGH. BUT IN TERMS OF RESTRICTIONS ON THE USES THEMSELVES, WHAT THE STATE STATUTES ARE MORE FOCUSED ON IS RETAIL LICENSES SO YOU ARE ALLOWED TO RESTRICT THE NUMBER OF RETAIL LICENSES THAT YOU ARE ISSUING. I BELIEVE THERE'S LESS GUIDANCE ON THE CULTIVATION AND MANUFACTURING USES. YOU CAN REQUIRE A CONDITIONAL USE PERMIT SO YOU CAN SUBJECTED TO TYPICAL LAND USE AND ZONING PROCESSES LIKE THAT AND IN FACT THIS LAND USE ACTUALLY EXISTED BEFORE CANNABIS WE HAD AN INDOOR AGRICULTURE USE AND SO THIS USE FITS INTO THAT PREEXISTING USE AND OUR ZONING CODE AND THAT WAS A CONDITIONAL USE PRIOR TO THAT AND THE REASON BEING IS THAT SOME OF THOSE PROCESSES DO HAVE FERTILIZERS OR OTHER CHEMICALS OR THINGS THAT OUR FIRE PREVENTION STAFF ALWAYS WANTED TO SUBJECT TO A MORE SCRUTINY IN TERMS OF A REGULATE A REGULATORY PROCESS. SO IF THAT'S JUST A LITTLE BIT OF HELPFUL CONTEXT IS IT IS. THANK YOU, MR. JOHNSON. OTHER QUESTIONS FOR STAFF COMMISSIONER LINNEY THANK YOU, CHAIR. TWO QUESTIONS. FIRST QUESTION IS HAVE ANY OF THE MANUFACTURERS THAT HAVE BEEN APPROVED PREVIOUSLY MANY OF THEM STARTED PRODUCTION YET ? IT'S A GOOD QUESTION. YOU'RE CORRECT THAT CHAIR COOKED IN AND COMMISSIONER LINNEY THERE'S ONLY BEEN ONE APPROVAL TO DATE AND I DON'T BELIEVE THEY ARE OPERATING YET. NO. >> OKAY. SO IS THE ONLY APPROVAL TO DATE THE ONE THAT WE DID A FEW WEEKS AGO, THE ONE THAT'S SOUTH OF OLD SHAKOPEE IN THE SOUTH WEST CORNER OF THE CITY? COMMISSIONER LINNEY THAT'S CORRECT. OKAY. THANK YOU. OTHER QUESTIONS FOR STAFF. MR. CUNNINGHAM THANK YOU, CHAIR. I THINK THE PACKET ANSWERS THIS QUESTION BUT IS THIS BUILDING FIRE SPRINKLER? YES, THIS BUILDING. THIS FIRE SPRINKLER. THANK YOU. OKAY. ANY OTHER QUESTIONS FOR STAFF SEEING NONE. THANK YOU, MR. SHARON. WE WILL OPEN THE PUBLIC HEARING NOW AND I WILL ASK IF THERE'S ANYONE WHO WOULD LIKE OH, BEFORE THAT I'M TOLD THE APPLICANT IS HERE. SO BEFORE WE MOVE TO THE PUBLIC HEARING I WOULD LIKE TO HEAR FROM THE APPLICANT. SO THANK YOU MR. JOHNSON AND IF THE APPLICANT COULD SUPPORT HELLO. GOOD EVENING. GOOD EVENING PETER IS THE APPLICANT WITH AWESOME LICENSE AND I'M IN THE BUILDING. OKAY. IS THERE ANYTHING YOU THINK WE SHOULD KNOW ABOUT YOUR APPLICATION? DOES IT NEED TO BE NOTHING SPECIFICALLY JUST WITH A SMELL THE THINGS WE'RE GOING TO BE DOING WHICH IS MAINLY PRE-ROLLS VAPES AND EDIBLES THE EDIBLES AND THE VAPES DON'T THERE'S NOT ANY SMELL USUALLY WITH IT IN THE FIRST PLACE THE PRE-ROLLS WHICH IS WHAT THAT THE AIR SCRUBBER THEY'RE TALKING ABOUT FOR MITIGATING THE SMELL WE'RE PUTTING IN THAT AS A PRECAUTIONARY MEASURE JUST IN CASE THE SMELL IS BAD WE WOULD NEED IT BUT WE'RE JUST WE'LL FIX WHATEVER SMELL THERE IS IF IT'S NEEDED. THANK YOU VERY MUCH. I THINK I THINK THE ONLY OTHER THING YOU GUYS MIGHT WANT TO BE AWARE OF IS THAT WE'VE ACTUALLY BEEN MAKING EDIBLES IN THE BUILDING FOR OVER A YEAR NOW AND WE'VE HAD NO COMPLAINTS ABOUT SMELLS AND SO THE ONLY THING BESIDES THE PRE-ROLLS THAT PETER IS ADDING THE EDIBLES ARE CHANGING FROM HEMP BASED OIL TO A CANNABIS BASED OIL. SO IT JUST TAKES LESS PLANTS TO MAKE THE SAME OIL. SO WE DON'T ANTICIPATE ANY SMELL AT ALL WITH THE EDIBLES AND THIS IS THE SAME OIL AS THE EDIBLES TYPICALLY YOU KNOW, JUST USE THE SAME OIL, RIGHT? AND THEN SO THE ONLY THING THAT'S REALLY NEW THAT YOU KNOW, WE COULD SMELL BUT PERHAPS IT WOULD BE THE PRE-ROLLS AND THEN SO WE'VE KIND OF BROUGHT THAT UP AND WE'RE LIKE HEY, IT'S A GOOD IDEA. YOU KNOW, PUT A FILTRATION SYSTEM IN. SO WE TRY TO STAY AHEAD OF THAT VERY WELL. ANY QUESTIONS FOR THE APPLICANT? I HAVE A QUESTION AND FOR YOUR FAVORITES WHAT IS A PRE-ROLL? >> SO THAT'S JUST GOING TO BE YOU HAVE THE CANNABIS FLOWER JOINT. YEAH, IT'S A PREPACKAGED FLOWER SO YOU COULD SMOKE IT RIGHT AWAY ESSENTIALLY THAT VERY WELL. ANY OTHER QUESTIONS FOR THE APPLICANT? THANK YOU VERY MUCH. YEAH, NO PROBLEM. WE WILL NOW THEN MOVE TO THE PUBLIC HEARING AND I'LL ASK IF THERE'S ANYONE IN THE CHAMBERS WHO WOULD LIKE TO TESTIFY . GOOD EVENING. GOOD EVENING. MY NAME IS EXCUSE ME. MY NAME IS TOM HYLAND. I AM THE CORPORATE FACILITY MANAGER FOR THE TORO COMPANY AND ON THE MAP WE ARE ACTUALLY LOCATED WITH 38 ACRES NORTH OF THIS. AND WHAT'S MISSING FROM THE MAP IS WE ONLY THE TWO PARKING LOTS ACROSS THE STREET TO THE EAST AS WELL. MY COMMENT IS JUST THERE WAS MENTION THAT PARKING WAS OKAY. I LOOKED THROUGH THE PACKET. I DID NOT SEE HOW MANY EMPLOYEES WERE AT THE SITE. WHILE WE HAVE AMPLE PARKING ACROSS THE STREET CITY ORDINANCE MAKES US UNABLE TO ALLOW OTHERS TO USE ANY OF THAT PARKING. SO I WOULD JUST BRING THAT UP SO IF YOU GUYS WANT YOU CAN INVESTIGATE THAT. BUT HAVING BEEN SIGHTED IN THE PAST FOR ALLOWING MY NEIGHBORS TO USE MY PARKING LOT, I'M NOT GOING THERE AGAIN. SO I WAS THOSE QUESTIONS THANK YOU VERY MUCH IF YOU COULD FOR ENFORCE WOULD ANYONE ELSE LIKE TO SPEAK TO THIS ITEM ? MR. BROWN IS THERE ANYONE ONLINE? OH PARTICIPANTS ONLINE OR STAFF. THANK YOU. LAST CALL FOR ANYONE WHO WOULD LIKE TO TESTIFY ON THIS ITEM. SEE NO ONE COMING FORWARD I'LL LOOK FOR A MOTION TO CLOSE THE PUBLIC HEARING SO MOVED TO THE SECOND CIRCUIT. WE HAVE A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING. ALL THOSE IN FAVOR SAY I. I OPPOSED THAT MOTION PASSES SEVEN ZERO AND WE'LL MOVE ON TO DISCUSSION. COMMISSIONER CUNNINGHAM THANK YOU CHAIR. I TAKING THIS APPLICATION ASIDE FOR A SECOND JUST ADDRESSING SOME PUBLIC COMMENTARY. I THINK THAT I WOULD THAT SHARING OF PARKING LOT FACILITIES THAT ARE UNDERUTILIZED WOULD BE A GREAT MISCELLANEOUS ISSUES ORDINANCE UPDATE OR MAYBE SOME DEVOTE SOME STAFF TIME TO IT IF WE HAVE ANY LEFT HAVING WE JUST GOT THE WORK PLAN APPROVED. I KNOW WE HAVE A PRETTY FULL YEAR BUT I LOVE THE PUBLIC TESTIMONY BACK TO THE APPLICATION IN FRONT OF US. IT SEEMS LIKE AN EXISTING BUSINESS THAT'S OPERATING MANUFACTURING A MAJORITY OF HEMP DERIVED PRODUCTS IF I'M SAYING THAT RIGHT AND SWITCHING TO CANNABIS DERIVED PRODUCTS CHEMICALLY SIMILAR COLOR OR THE SAME. SO I AND THE APPLICANT WORKING WITH STAFF ON THE AIR SCRUBBER I THINK WAS A GOOD GESTURE OVERALL I THINK I CAN CAN MAKE THE REQUIRED FINDINGS HERE AND I'M IN FAVOR OF THIS. THANK YOU. THANK YOU COMMISSIONER CUNNINGHAM. I TOO AM IN FAVOR OF THIS. I'M NOT TOO CONCERNED ABOUT THE ODORS RECOGNIZING THAT THE APPLICANT HAS TAKEN RESPONSIBILITY FOR THAT WHICH I THINK IS GREAT AND DO APPRECIATE THAT. AND WE HAVE OTHER WE HAVE OTHER BUSINESSES IN THIS COMMUNITY THAT THAT MAKES SMELLS AND IT'S TO DISCUSSION EARLIER THERE ARE OTHER INDUSTRIAL FACILITIES THAT HAVE AIR SCRUBBERS AND RESTAURANTS THAT HAVE AIR SCRUBBERS. THERE ARE COMMERCIALLY AVAILABLE THINGS TO ADDRESS THIS VERY SITUATION AND I THINK THE APPLICANT HAS STEPPED FORWARD AND IS PROVIDING THAT IS AS PART OF THEIR APPLICATION. SO I THINK THAT'S THAT'S GREAT AND I DON'T HAVE OTHER CONCERNS WITH THIS BUSINESS AND I'M IN SUPPORT OF WHAT I THANK YOU CHAIR I THINK THIS IS A QUESTION FOR STAFF PROBABLY BUT RECOGNIZING THAT THIS IS SUCH A NEW INDUSTRY AND RECOGNIZING AND WE DID RECEIVE, YOU KNOW, CORRESPONDENCE FROM NEIGHBORS ABOUT CONCERNS AND RECOGNIZING THAT THIS PARTICULAR REQUEST IS DIFFERENT THAN THE PREVIOUS REQUEST BECAUSE IT IS MUCH CLOSER TO RESIDENTIAL PROPERTIES. I'M WONDERING WHAT THE IF THE STAFF HAS SPOKEN TO ANY OTHER COMMUNITIES AND GOTTEN FEEDBACK FROM IF THERE'S BEEN ANY OTHER COMMUNITIES, NEIGHBORING COMMUNITIES PERHAPS WHO HAVE THE MANUFACTURING PARTICULARLY IF IT INVOLVES THE PRE-ROLLS, THE MANUFACTURING THIS IN THIS CLOSE OF PROXIMITY TO RESIDENTIAL AREAS AND WHAT WE'VE LEARNED THEIR EXPERIENCE HAS BEEN BECAUSE ULTIMATELY WHAT MY CONCERN IS IS THAT WE MOVE QUICKLY ON THIS ONLY TO FIND OUT IT BECOMES A MUCH BIGGER PROBLEM DOWN THE ROAD. THE APPLICANT HAS INVESTED MONEY AND THEN WE HAVE TO FIGURE OUT A WAY TO UNDO IT. SO I THINKT'D BE USEFUL TO KNOW MORE ABOUT THIS AND BASED ON PLANNING DIRECTOR JOHNSON I FEEL LIKE THERE'S AN ANSWER COMING. >> MR. JONES YEAH. CHAIR COOKED IN CRIMINAL AND I THANK YOU FOR THAT QUESTION AND ACTUALLY IT'S BEING LED BY OUR BUILDING OFFICIAL AND SO WHAT THEY'RE DOING BECAUSE THEY'RE WORKING WITH THE MECHANICAL CODE AND WORK DIRECTLY WITH THE AIR PURIFICATION SYSTEMS IS THAT THEY HAVE REACHED OUT TO A CONTACT THAT THEY HAVE THAT HAS EXPERIENCE IN THE INDUSTRY IN COLORADO. AND SO ONE OF THE CONDITIONS OF APPROVAL WAS ACTUALLY TWO CONDITIONS ASSOCIATED. ONE IS THAT THE BUILDING OFFICIAL APPROVED THE SYSTEM PRIOR TO THE BUILDING PERMIT BEING ISSUED AND SO SHE'S DOING SOME RESEARCH. SHE'S REACHING OUT TO HER PARTIES. SHE'S GOING TO BE REACHING OUT TO YOU SOON SHOULD THIS GO FORWARD ABOUT THE SYSTEM THAT YOU'RE PROPOSING? BUT YES, SHE IS SEEKING PROFESSIONAL ASSISTANCE FROM PROFESSIONALS WHO HAVE MORE EXPERIENCE IN THIS INDUSTRY AND THEN SECOND TO THAT AN ADDITIONAL CONDITION THAT WE THINK IS IMPORTANT TO ADD WHICH HAS NOT ALWAYS BEEN TYPICALLY THE CASE WITH OLDER SYSTEMS AGAIN DUE TO THE PROXIMITY IS THAT STAFF ALSO HAVE A ROLE ENSURING THAT THE SYSTEM IS INSTALLED AND IS FUNCTIONING PROPERLY PRIOR TO A CERTIFICATE OF OCCUPANCY. SO WE FEEL LIKE WE HAVE A BELT AND SUSPENDERS APPROACH TO IT . BUT YES WE WE DO WE'RE GOING TO OR WE DO WANT TO REACH OUT TO PROFESSIONALS AND OTHER STATES WHO HAVE MORE EXPERIENCE AND PLEASE AND THIS MIGHT ACTUALLY BE FOR OUR ATTORNEY TASK. IF SO OBVIOUSLY ONCE THIS IS APPROVED IF THE CURRENT APPLICANT WERE TO SELL THE BUSINESS TO SOMEONE THEY COULD DO THE SAME BUSINESS CORRECT SO THAT IT BECOMES IF THEY SUBSEQUENT OWNERS AND WHATNOT DO NOT WANT TO DO THIS AND IT BECOMES A COMPLIANCE ISSUE. CORRECT. BECAUSE ONCE THE PERMIT IS ISSUED THAT PARTICULARLY THE BUILDING PERMIT AND THE OPERATING PERMIT THEN THEY CAN OPERATE INDEFINITELY OR ARE THERE PERIODS ALONG THE WAY WHERE IT'S RE-INSPIRED ACTED AND THEY HAVE TO GET THE PERMIT RENEWED? SO IF THEY'RE NOT IN COMPLIANCE, DOES THAT MAKE SENSE AS A QUESTION? OKAY. THAT'S MR. DRUTHERS CHAIR, COACH AND COMMISSIONER LENNY. SO THERE ARE SOME PROVISIONS IN CODE THAT JUST DEAL WITH NUISANCE RATE AND SO SOME OF THAT CAN DEAL WITH ODORS AND SO IF THE SYSTEM IS NOT FUNCTIONING PROPERLY WE COULD USE THOSE PROVISIONS WITH A FUTURE OPERATOR DIFFERENT OPERATOR TO KIND OF ADDRESS THAT ISSUE. ONE OF THE CHALLENGES I WILL SAY WITH SMELLS IS THAT IT IS A VERY SUBJECTIVE ARENA. SOME SMELLS THAT ARE OFFENSIVE TO SOME PEOPLE ARE NOT OFFENSIVE TO OTHERS. SOME SMELLS ARE MORE INTENSE TO SOME PEOPLE THAN THEY ARE TO OTHERS. SO IT IS CHALLENGING IN THAT RESPECT. BUT I DO THINK THAT THERE IS GOOD ATTENTION PAID TO THE FACT THAT YOU KNOW, THE USE DOES RUN WITH THE LAND SO AS LONG AS THEY'RE OPERATING THEY ARE ALLOWED TO DO SO. BUT IF SAY LET'S SAY THEIR SYSTEM STOPPED FUNCTIONING AND FROM MY PERSPECTIVE THEN THAT WOULD BE IN VIOLATION OF THE CONDITIONAL USE PERMIT BECAUSE THERE IS CONDITIONS ARE TIED HAVING AN ORDER MITIGATION SYSTEM. GREAT. THANK YOU. YEAH I MEAN COMMISSIONER IN SORRY CHAIR AND COMMISSIONERS THE C U P WOULD RUN WITH THE LAND RIGHT? SO IF A NEW OWNER CAME IN OR NEW OPERATOR CAME IN THEY COULD TAKE ADVANTAGE OF THAT IF THEY DISCONTINUE THE USE FOR MORE THAN A YEAR THE C U P GOES AWAY BY OPERATION OF LAW SO THERE CAN NO LONGER BE THAT RIGHT TO DO IT IF THE BUSINESS DISCONTINUES. SO A LOT OF BUSINESSES THAT'S WHAT HAPPENS A NEW TENANT MOVES IN AND THEN THE Q P JUST EXPIRES AUTOMATICALLY WITH A NEW USE SO BUT AS LONG AS THERE CONTINUING THAT USE WITHIN THAT YEAR A NEW TENANT COULD TAKE ADVANTAGE OF IT IN PERPETUITY. YOU KNOW THERE'S A LOT OF REGULATIONS IN THE STATE RULES AS FAR AS SECURITY. THERE'S EVEN OLDER RULES IN THE STATE LAW BUT THAT'S ALL TO THEIR LICENSING SORT OF MAINTAIN THEIR LICENSE. THEY NEED TO KEEP ON THE UP AND UP WITH THE STATE AS WELL AND IF THEY LOSE THAT THEN THEY CAN'T OPERATE LEGALLY ANYWAY. SO THE STATE WILL BE AN ACTIVE PARTNER IN THIS AS WELL. HOPEFULLY WE'RE THINKING SHOTS FIRED. OTHER THOUGHTS ON THIS APPLICATION IF NONE I WOULD ENTERTAIN A MOTION MR. CUNNINGHAM IN CASE APPEAL 202500181 HAVING BEEN ABLE TO MAKE THE REQUIRED FINDINGS, I MOVE TO ADOPT A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A CANNABIS MANUFACTURING FACILITY AT 8200 GRAND AVENUE SUBJECT TO THE CONDITIONS AND CODE REQUIREMENTS LISTED IN THE RESOLUTION. THE SECOND I SECOND WE HAVE A MOTION AND A SECOND TO APPROVE THIS CONDITIONAL USE PERMIT FOR A CANNABIS MANUFACTURING FACILITY. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY I. I OPPOSED THE MOTION PASSES SEVEN ZERO. THIS IS A FINAL DECISION OF THE PLANNING COMMISSION UNLESS AN APPEAL IS RECEIVED BY THE CITY COUNCIL BY 4:30 P.M. ON JANUARY 20TH. THANK YOU VERY MUCH. WE WILL MOVE ON TO ITEM NUMBER THREE WHICH AGAIN IS A PUBLIC HEARING FOR A VARIETY OF THINGS INCLUDING REGARDING REZONING, PRELIMINARY AND FINAL DEVELOPMENT PLANS, PRELIMINARY AND FINAL TYPE THREE PLATS FOR A FOUR STORY 180 UNIT MULTIFAMILY RESIDENTIAL BUILDING ON LYNDALE AVENUE SOUTH IS EMILY SPECK IS HERE WITH A STAFF REPORT. >> GOOD EVENING CHAIR AND COMMISSIONERS YES I'M HERE TO PRESENT TONIGHT AND I JUST ALSO WANTED TO KNOW THAT KIRK ROBERTS TRAFFIC ENGINEER WILL BE PRESENTING A COUPLE OF SLIDES LATER ON IN THE PRESENTATION. OKAY. SO THE PROPOSAL IS REAL ESTATE EQUITIES IS PROPOSING THE REDEVELOPMENT OF SIX PARCELS ALONG LYNDALE AVENUE INTO A FOUR STORY 180 UNIT AFFORDABLE MULTIFAMILY DEVELOPMENT. THE UNIT MIX INCLUDES 36 ONE BEDROOM UNITS 104 TWO BEDROOM UNITS 43 BEDROOM UNITS WITH AFFORDABILITY LEVELS RANGING FROM 30 TO 70% AREA MEDIAN INCOME THE PROJECT INCLUDES BELOW GRADE PARKING AND ON SITE AMENITIES SUCH AS A FITNESS ROOM, CHILDREN'S ACTIVITY SPACE, A COMMUNITY ROOM AND A CENTRALLY LOCATED INTERNAL COURTYARD WITH PLAYGROUND AND PATIO AREA. THE SITE IS CURRENTLY COMPRISED OF SIX PARCELS WITH VARYING LAND USE, GUIDANCE AND ZONING DESIGNATIONS INCLUDING TWO PARCELS ASSOCIATED WITH THE EXISTING WICKES AND JEWELERS JEWELERS RETAIL SITE AND FOR VACANT PROPERTIES. THE APPLICATION PROPOSES AMENDING THE COMPREHENSIVE PLAN GUIDANCE FOR 9955 LYNDALE AVE FROM GENERAL BUSINESS TO HIGH DENSITY RESIDENTIAL AND REZONING ALL SIX PARCELS TO ARM 50 PLAN DEVELOPMENT TO ALLOW FOR A UNIFIED HIGH DENSITY RESIDENTIAL PROJECT THEY PROPOSED DEVELOPMENT RESULTS IN A RESIDENTIAL DENSITY OF APPROXIMATELY 47 UNITS PER ACRE AND REQUIRES APPROVAL OF PRELIMINAR AREA AND FINAL DEVELOPMENT PLANS AS WELL AS TYPE THREE, PRELIMINARY AND FINAL PLAT AS FAR AS RE GUIDING GOES TO THE SUBJECT PROPERTIES AT 1000110009100 17 100 27 AND 100 29 LYNDALE AVE ARE ALREADY GUIDED FOR HIGH DENSITY RESIDENTIAL LAND USE AND THEY'VE BEEN GUIDED THAT THROUGH MULTIPLE COMPREHENSIVE PLAN ITERATIONS SINCE AT LEAST THE YEAR 2000 AND ARE CURRENTLY VACANT OR AGAIN PART OF IN OR WORSE THE REMAINING PARCEL AT 9955 LYNDALE AVE IS GUIDED AS A GENERAL BUSINESS SO THE PROPOSED AMENDMENT TO RE GUIDE 9955 LYNDALE TO HIGH DENSITY RESIDENTIAL WOULD ALIGN THE SITE WITH SURROUNDING LAND USE PATTERNS AND THE PROPOSED MULTIFAMILY DEVELOPMENT STAFF EVALUATED THE REQUEST AGAINST COMPREHENSIVE PLAN POLICIES AND RELEVANT AREA PLANS INCLUDING THE LYNDALE AVENUE SUBURBAN RETROFIT PLAN AND THE 90TH STREET STATION AREA PLAN. THE PROPOSAL IS CONSISTENT WITH PLAN POLICIES THAT ENCOURAGE REDEVELOP AND HIGHER INTENSITY LAND USES ALONG ARTERIAL ROADWAYS. SUPPORT THE DEVELOPMENT OF AFFORDABLE HOUSING PARTICULARLY AT DEEPER AFFORDABILITY LEVELS AND PROMOTE HIGH DENSITY RESIDENTIAL DEVELOPMENT NEAR TRANSIT. THE SITE IS LOCATED ALONG LYNDALE AVE AND ARTERIAL ROADWAY AND WITHIN ONE QUARTER MILE OF THE ORANGE LINE BRT 90TH STREET STATION THE PROPOSED REGARDING AND SUPPORTS THE VISION OF CREATING A WALKABLE TRANSIT SUPPORTED DEVELOPMENT PATTERN IN THIS CORRIDOR ALL SIX PROPERTIES DO REQUIRE REZONING TO ACCOMMODATE THE PROPOSED MULTIFAMILY DEVELOPMENT. THE PARCEL AT 9955 LYNDALE AVE IS PROPOSED TO BE REZONING FROM B2 GENERAL COMMERCIAL TO ARM 50 PLAN DEVELOPMENT WHILE THE REMAINING FIVE PARCELS WOULD BE REZONE FROM ONE SINGLE FAMILY RESIDENTIAL TO ROOM 50 PLAN DEVELOPMENT. THE ARM 50 ZONING DISTRICT IS THE MOST APPROPRIATE DISTRICT FOR THE PROPOSED DEVELOPMENT AS IT ALLOWS RESIDENTIAL DENSITIES BETWEEN 20 AND 50 UNITS PER ACRE. THE PROPOSED PROJECT DENSITY OF A PRODUCT OF APPROXIMATELY 47 UNITS PER ACRE FALLS WITHIN THIS RANGE ASSUMING APPROVAL OF THE COMPREHENSIVE PLAN AMENDMENT TO REGARD 9955 LYNDALE TO HIGH DENSITY RESIDENTIAL TO THE ARM 50 ZONING DISTRICT IS ALSO CONSISTENT WITH THE FUTURE LAND USE STOSIC NATION. THE COMPREHENSIVE PLAN IDENTIFIES HIGH DENSITY RESIDENTIAL AS ACCOMMODATING MULTISTORY APARTMENT DEVELOPMENT AT DENSITIES WELL ABOVE THE PROPOSED PROJECT. WHILE THE SITE IS NOT LOCATED WITHIN AN AREA SPECIFICALLY RECOMMENDED FOR REZONING IN THE 90TH STREET STATION AREA PLAN, THE PLAN DOES IDENTIFY THE PLAN IDENTIFIES PROPERTIES CLOSEST TO THE TRANSIT STATION AS HAVING THE HIGHEST REDEVELOPMENT POTENTIAL AND SUPPORTS INCREASED DENSITY AND IMPROVED PEDESTRIAN ACCESS IN THESE LOCATIONS. REZONING TO ARM 50 SUPPORTS THESE TRANSIT ORIENTED DEVELOPMENT OBJECTIVES. FINALLY, THE APPLICANT IS REQUESTING LIMITED FLEXIBILITY FROM CERTAIN ZONING STANDARDS INCLUDING FRONT SETBACK AND REAR STEP BACK REQUIREMENTS. THESE REQUESTS NECESSITATE THE PLAN DEVELOPMENT OVERLAY WHICH ALLOWS FLEXIBILITY WHEN IT PROVIDES A PUBLIC BENEFIT AND REMAINS CONSISTENT WITH THE INTENT OF THE ZONING DISTRICT. THESE REQUESTS ARE ADDRESSED IN GREATER DETAIL LATER STAFF IDENTIFIED A FEW LANDSCAPING AND SCREENING ITEMS THAT WILL NEED TO BE ADDRESSED. THE CURRENT PLAN PROPOSES 59 TREES WHICH DOES NOT MEET THE MINIMUM REQUIREMENT OF 68 TREES IN ADDITION REQUIRED THREE FOOT HIGH SCREENING FOR THE PARKING AREAS THAT ARE ADJACENT TO LYNDALE AVENUE IS NOT SHOWN ALONG THAT WEST SIDE OF THE SITE AND THEN SEPARATELY ON THIS PLAN SPECIFICALLY I DID WANT TO POINT OUT THAT THIS PLAN SHOWS THERE'S A SUB GROUND STORM WATER CHAMBER UNDERNEATH THE SURFACE PARKING LOT AND THERE ALSO IS A WATERLINE THAT RUNS THROUGH THE PROPOSED PARKING LOT. LASTLY WITH LANDSCAPING AND SCREENING WHILE THE PROPOSED TREES ALONG LYNDALE AVENUE SUPPORT STREETSCAPE GOALS OF THE LYNDALE AVENUE SUBURBAN RETROFIT PLAN ADJUSTMENTS TO TREE PLACEMENT OR SPACING MAY BE NECESSARY TO ACCOMMODATE FIRE DEPARTMENT ACCESS REQUIREMENTS AS FAR AS BUILDING AND SITE DESIGN GOES, THE BUILDING MEETS REQUIRED SIDE AND REAR SETBACKS. HOWEVER THE APPLICANT IS REQUESTING DEVELOPMENT FLEXIBILITY FOR THE FRONT YARD SETBACK AND REAR YARD STEP BACK REQUIREMENT. THESE REQUESTS ARE DISCUSSED IN THE NEXT SLIDES THE APPLICANT IS REQUESTING DEVELOPMENT FLEXIBILITY FOR THE FRONT YARD SETBACK AS SHOWN IN ON THE SCREEN. WHILE THE ZONING CODE REQUIRES A 40 FOOT FRONT SETBACK, THE PROPOSAL INCLUDES A REDUCED SETBACK WITH A MINIMUM OF APPROXIMATELY NINE 19FT VARYING ALONG THE BUILDING FRONTAGE WHICH YOU CAN SEE IN THIS IMAGE STAFF IS SUPPORTIVE OF THIS DEVIATION AS IT PROVIDES A PUBLIC BENEFIT OF STRENGTHENING THE BUILDING'S RELATIONSHIP TO LYNDALE AVENUE, IMPROVING PEDESTRIAN ACCESS AND REINFORCING THE CORRIDORS URBAN CHARACTER ADDITIONALLY PLACING THE BUILDING CLOSER TO THE STREET INCREASES SEPARATION FROM EXISTING LOW DENSITY RESIDENTIAL USES TO THE EAST. THE APPLICANT IS ALSO REQUESTING FLEXIBILITY FROM THE REQUIRED RESIDENTIAL STEP BACK STANDARD. THE ZONING CODE REQUIRES A 1 TO 1 SETBACK FROM THE NEAREST PROTECTED RESIDENTIAL PROPERTY LINE BASED ON BUILDING HEIGHT WHICH WOULD REQUIRE A 43 FOOT SETBACK FROM THE REAR PROPERTY LINE. THE PROPOSAL IS 30FT. STAFF SUPPORTS THIS DEVIATION AS A SUBMITTED SHADOW STUDY DEMONSTRATES MINIMAL IMPACTS ON ADJACENT RESIDENTIAL PROPERTIES AND THE BUILDING DESIGN INCORPORATES A FLAT ROOF TO MINIMIZE HEIGHT IMPACTS. OVERALL STAFF FINDS THAT THE REQUESTED DEVELOPMENT FLEXIBILITY MEETS THE PUBLIC BENEFIT TEST BECAUSE THE REDUCED SETBACK ALLOWS FOR GREATER DEVELOPMENT DENSITY SUPPORTING ADDITIONAL HOUSING ALONG AND ARTERIAL ROADWAY NEAR TRANSIT CONSISTENT WITH THE LYNDALE AVENUE RETROFIT PLAN AND THE 90TH STREET STATION AREA PLAN. ADDITIONALLY, A NOTE THAT THE PLANNING COMMISSION HAS RECENTLY RECOMMENDED THAT CITY COUNCIL APPROVE EDITS TO THE CITY'S HEIGHT MAP AND THESE EDITS ARE ADOPTED. THE CHANGES WOULDN'T NEGATE THE NEED FOR THE STEP BACK FLEXIBILITY IN THIS APPLICATION WITH 180 UNITS 16 AFFORDABLE HOUSING UNITS AT 60% AMI OR BELOW ARE REQUIRED TO COMPLY WITH THE OPPORTUNITY HOUSING ORDINANCE AND THIS PROJECT DOES COMPLY WITH THAT. THE APPLICANT IS PROPOSING FOR UNITS AT 30% AM I 13 UNITS AT 50% AMI 138 UNITS AT 60% AM I AND 25 UNITS AT 70% AM I THE INCENTIVES ON THE NEXT SCREEN ON THIS SCREEN WILL BE APPLIED TO THE APPLICATION AND WILL BE DISCUSSED NEXT. THE DEVELOPMENT IS REQUIRED TO PROVIDE 300FT OF USABLE OPEN SPACE PER DWELLING UNIT TOTALING 54,000FT WITH THE OPPORTUNITY HOUSING ORDINANCE INCENTIVE THIS REQUIREMENT CAN BE REDUCED BY UP TO 25% RESULTING IN A REQUIRED 40,500FT. THE PROPOSAL PROVIDES APPROXIMATE 41,600FT OF USABLE OPEN SPACE MEETING THE STANDARD THIS INCLUDES 12 PRIVATE BALCONIES ON UNITS ALONG THE WEST SIDE OF THE BUILDING WHICH CONTRIBUTE TO THE OVERALL OPEN SPACE CALCULATION. ADDITIONALLY, THE PROPOSED FOUR STOREY BUILDING APPROXIMATELY 43FT IN HEIGHT COMPLIES WITH THE CITY'S HEIGHT REGULATIONS WHEN THE APPLICABLE HEIGHT BONUS OF FOUR STOREYS OR 60 FEE IS APPLIED AS FAR AS PARKING GOES UNDER THE BASE ZONING 346 TOTAL PARKING SPACES INCLUDING 180 ENCLOSED WOULD BE REQUIRED WITH THE INCENTIVES THERE CAN BE A 15% REDUCTION IN TOTAL PARKING SPACES AND AN ALLOWANCE TO CONVERT UP TO 50% OF ENCLOSED SPACES TO AN ENCLOSED THE HOA ADJUSTED REQUIREMENT IS 295 TOTAL SPACES WITH 90 ENCLOSED. THE PROPOSAL PROVIDES 318 TOTAL SPACES INCLUDING 164 ENCLOSED MEETING THE ADJUSTED PARKING STANDARDS FOR EXTERIOR MATERIALS. THE PROPOSED BUILDING MATERIALS INCLUDE BRICK ALUMINUM PANELS, FIBER CEMENT, MASONRY VENEER AND COMPOSITE WINDOWS BRICK GLASS AND METAL PANELS ARE CONSIDERED PRIMARY EXTERIOR MATERIALS WITH THE METAL PANELS SUBJECT TO ADDITIONAL REVIEW FIBER, CEMENT AND MASONRY VENEER ARE CLASSIFIED AS SECONDARY MATERIALS WITH THE USE OF SHOW INCENTIVES UP TO 75% OF NON STREET FACING FACADES MAY CONSIST OF SECONDARY MATERIALS. THE PROPOSAL MEETS THESE STANDARDS THE WEST ELEVATION WHICH IS FACING LYNDALE AVE DOES NOT HAVE ANY INCENTIVES AND DOES NOT NEED ANY AS FAR AS PLANNING GOES PLANNING IS A ROUTINE COMPONENT FOR THIS TYPE OF APPLICATION AND IT WOULD BE COMBINING SIX PARCELS INTO ONE. THE PLAN IS PROPOSING TO DEDICATE LAND FOR THE LANDOWNER AVENUE RIGHT OF WAY AND THE PRELIMINARY AND FINAL PLAT MEET RELEVANT ZONING STANDARDS PARK DEDICATION PARK DEDICATION FEES FOR THE DEVELOPMENT ARE ESTIMATED TO BE $310,000 APPROXIMATELY AND CONDITIONS PERTAINING TO PLANNING PARK DEDICATION AND EASEMENTS ARE INCLUDED IN THE PROPOSED CONDITIONS OF PLAT APPROVAL. AND THEN I JUST I DID JUST WANT TO NOTE WE RECEIVED FOUR PIECES OF CORRESPONDENCE TODAY RELATED TO THE CASE. YOU SHOULD HAVE THOSE IN FRONT OF YOU AND THEN THE CORRESPONDENCE TOUCHED ON A FEW DIFFERENT TOPICS. SO THE SETBACK FLEXIBILITY, ENVIRONMENTAL ISSUES, PEDESTRIAN CONNECTIVITY, HIGH TRAFFIC AND PARKING AND I WILL GO THROUGH SOME OF THOSE THINGS SPECIFICALLY ON THE NEXT SLIDES. SO AS FAR AS THE ENVIRONMENTAL CONCERNS GO, THE LEFT SIDE OF THE SCREEN SHOWS A ZOOMED OUT VIEW OF THE LYNDALE AVENUE SUPERFUND SITE AND THE RIGHT SIDE OUTLINES THE SUBJECT PROPERTIES. SO FROM THIS YOU CAN SEE THAT THE PROPERTIES ARE NOT PART OF THE SUPERFUND SITE PER THE MINNESOTA POLLUTION CONTROL AGENCY AS FAR AS PEDESTRIAN CONNECTIVITY GOES THERE ARE EXISTING PUBLIC SIDEWALK CONNECTIONS FROM WHERE THE APARTMENT BUILDING IS PROPOSED TO BE BUILT TO THE ORANGE LINE STOP. SO THIS SCREEN IS SHOWING A POTENTIAL ROUTE WHERE YOU COULD GO NORTH UP LYNDALE AND TURN LEFT ONTO 99TH STREET WALKING ALONG THE PUBLIC SIDEWALK ON THE SOUTH SIDE OF 99TH STREET TO GET TO THE ORANGE LINE STOP. AND THEN AS FAR AS THE DRIVE LANE DRIVEWAY LOCATION GOES FOR THE PROPOSED BUILDING, THE DRIVEWAY PROPOSES TO BE MOVED APPROXIMATELY 20FT NORTH OF THE EXISTING DRIVEWAY. >> SO THIS WOULD ACTUALLY MOVE THE DRIVEWAY SLIGHTLY FURTHER AWAY FROM THE EXISTING NATIVITY OF MARY'S DRIVEWAY. AND WITH THAT I'LL HAVE KIRK ROBERTS COME UP. GOOD EVENING, MR. ROBERTS. GOOD EVENING, CHAIR COOKED IN COMMISSIONERS. THANKS FOR YOUR TIME. JUST TO TOUCH ON A COUPLE NOTES ABOUT TRAFFIC AND TRANSPORTATION FOR THIS DEVELOPMENT SO THAT THE DEVELOPMENT ITSELF IS IS EXPECTED TO GENERATE ABOUT 866 TRIPS AND IN CONTEXT TRIPS ARE HARD TO UNDERSTAND FOR A LOT OF PEOPLE JUST DON'T IT'S NOT SOMETHING YOU ENCOUNTER DAY TO DAY. A SINGLE FAMILY RESIDENTIAL HOME GENERATES ABOUT TEN TRIPS A DAY. A SMALL RESTAURANT CAN GENERATE 1 TO 200 TRIPS A DAY. MEGA BIG BOX STORES CAN GENERATE BETWEEN 7 TO 10,000 TRIPS A DAY. SO THIS IS ON THE ON THE SMALL TO MODERATE SIDE OF TRIP GENERATION. THE OTHER THING THAT WE LOOK AT IN THE NEW DEVELOPMENT IS WHAT ARE THOSE TRIPS COMING INTO WHAT'S THE ROAD CONDITIONS? LYNDALE AVENUE IN THIS VICINITY HAS ABOUT 7000 VEHICLES PER DAY IN CONTEXT. THAT'S THAT'S PRETTY LOW FOR MOST OF OUR COLLECTOR ARTERIAL NETWORK. THAT'S A FAIRLY LOW NUMBER OF TRIPS. NOW THE SECTION THAT THIS IS ON RIGHT NOW ON LYNDALE IS FOUR LANES. THE FOUR LANE ROADS CAN HANDLE WELL OVER 20,000 CARS A DAY BEFORE WE START WORRYING ABOUT CAPACITY. THERE ARE PLANS TO CHANGE THE LANE CONFIGURATION ON THIS ROAD AND I'LL TALK ABOUT THAT IN A LITTLE BIT. BUT THEY'RE LOOKING AT SO SO WE HAVE THE TRIPS WHAT THEY'RE GOING TO NOT SEE ANY REAL ISSUES THERE THAT NEEDING THAT NEEDS STUDY WHERE WE GET CONCERNED AND WHERE WE WANT ADDITIONAL STUDY OR WHEN WE HAVE THOSE VERY LARGE TRIP GENERATORS PUTTING TRAFFIC ONTO VERY HIGH VOLUME ROADWAYS. AND SO YOU CAN IMAGINE THE WORST CASE WOULD BE SOMETHING LIKE A VERY MEGA BIG BOX STORE PUTTING TRIPS ONTO A ROAD WITH, YOU KNOW, 20,000 CARS A DAY THAT MIGHT WARRANT A TRAFFIC SIGNAL. AND SO WE'D WORK WITH THAT DEVELOPER WHICH STUDY THAT WOULD WORK WITH THAT DEVELOPER TO HELP PAY FOR THAT TRAFFIC SIGNAL TO MITIGATE THE IMPACTS OF THEIR DEVELOPMENT. WE DON'T SEE THOSE KIND OF CONDITIONS HERE. LOOKING AT THE SAFETY IN THE AREA, THERE'S NO CRASHES WITHIN FIVE YEARS ANYWHERE ALONG THIS SECOND. THIS SECTION OF LYNDALE AVENUE ,THE CLOSEST CRASH I COULD FIND WAS AT 102ND STREET FAR TO THE SOUTH THERE ONE SINGLE VEHICLE CRASH THE THERE'S NO CRASHES THAT WE COULD FIND. IN FACT WE SEARCHED THE THE WE HAVE ACCESS TO DISPATCH THESE ARE CALLS TO 911 FOR EMERGENCY SERVICES SOMETIMES CRASHES HAPPEN BUT THEY DON'T MERIT A FORMAL STATE REPORT BUT THEY'RE OFTEN CALLED INTO OUR DISPATCH OUR EMERGENCY SERVICES. WE LOOKED AND DIDN'T FIND ANYTHING FOR THAT ON LYNDALE THAT THERE'S A COUPLE CRASHES IN A PARKING LOT NEARBY BUT THERE'S NO OTHER CALLS FOR SERVICE IN THIS AREA SO AND THAT INCLUDES BIKES AND PEDESTRIANS THE AND SO THERE'S NO KNOWN SAFETY ISSUES THERE THAT NEED TO MITIGATE THAT THIS DEVELOPMENT COULD CONTRIBUTE TO WHICH IS ANOTHER AREA WE LIKE TO STUDY IF WE HAVE SOME CONCERNS THAT THIS IS GOING TO START LEADING TO A PEDESTRIAN SAFETY ISSUE, WE CERTAINLY WANT TO STUDY THAT. WE DON'T SEE THAT IN THIS AREA AND WE'RE NOT EXPECTED TO SEE IT WITH THIS DEVELOPMENT. THERE'S A PAVEMENT OVERLAY ON LYNDALE IN 2029 AND SO I WANT TO TOUCH ON THAT A LITTLE BIT BECAUSE ONE OF THE OTHER THINGS WE LOOK AT IS HOW DOES THIS DEVELOPMENT AFFECT OUR PLANS FOR THE FUTURE AND IT WAS TOUCHED ON THE LYNDALE RETROFIT PLAN, THE COMPREHENSIVE PLAN. THE CITY HAS NUMEROUS PLANS THAT AFFECT THESE TYPES OF CORRIDORS IF YOU COULD ADVANCEMENT SLIDE IN RETROSPECT. AND SO RIGHT NOW LYNDALE TO THE SOUTH OF 102ND STREET IS A THREE LANE SECTION THAT WAS CONVERTED A FEW YEARS AGO. THREE LANE SECTIONS WERE WONDERFUL. THEY'RE MUCH SAFER THAN THEIR FOUR LANE COUNTERPART. THE LONG TERM PLAN IS IN 2029 WHEN THIS ROAD IS TO BE OVERLAID THAT WE WOULD LOOK AT ADVANCING THAT THREE LANE SECTION UP TO AT LEAST 99TH AVENUE NEAR THE PARK AND RIDE THAT WILL BE PART OF A COMPREHENSIVE STUDY. THE PLANNING COMMISSION ALWAYS WEIGHS IN ON THOSE SO WE'LL HEAR MORE ABOUT THAT AS IT APPROACHES THIS DEVELOPMENT IN TERMS OF THE TRIPS THAT GENERATE WOULDN'T HINDER THOSE PLANS. IT'S NOT ADDING ENOUGH TRAFFIC TO MAKE A THREE LANE PROHIBITIVE IN THIS CIRCUMSTANCE SO WE DON'T SEE ANY PROBLEMS THERE. ONE OTHER ISSUE THAT WAS STUDIED IN 2023 SOME OF YOU PROBABLY REMEMBER WE BROUGHT FORWARD A STUDY ON THE INTERCHANGE AT 35 W AT 98 STREET THAT ALSO INCLUDED SOME PLANS FOR LYNDALE AVENUE. AND ONE OF THE THINGS THAT THIS CORRIDOR HAS IT HAS A LOT OF LANES, A LOT OF SPACE MORE THAN IT NEEDS IN MANY CASES AND SO IT'S THE CORRIDOR THAT'S NOT VERY PEDESTRIAN FRIENDLY. SO WE CAME UP WITH A PLAN FOR LYNDALE AT 98TH STREET TO MAKE IT A LITTLE MORE PEDESTRIAN FRIENDLY, REDUCE THE NUMBER OF LANES, MAKE THE CROSSING DISTANCES SHORTER. THE INTERSECTION NOW OPERATES AT A SATISFACTORY LEVEL OF SERVICE. THERE'S NO DELAY ISSUES, THERE'S NO CAPACITY ISSUES AND NO SIGNIFICANT SAFETY ISSUES. THIS DEVELOPMENT DOESN'T CHANGE THAT SO IT DOESN'T IMPAIR OUR ABILITY TO DO WHAT WE WANT TO DO ON THESE CITY AND COUNTY ROADWAYS INTO THE FUTURE. SO LONG STORY SHORT, THE DEVELOPMENT AS PROPOSED IS EXPECTED. THE TRAFFIC FROM THAT DEVELOPMENT IS EXPECTED TO BE HANDLED BY THE EXISTING INFRASTRUCTURE. NO NEW SAFETY OR CAPACITY ISSUES ARE EXPECTED WITH THIS DEVELOPMENT. SO AND I'LL BE HERE FOR QUESTIONS AS PART OF YOUR DELIBERATION AS WELL AS OTHER ENGINEERING STAFF. THANK YOU, MR. ROBERTS THANK YOU. AND SO WITH THAT STAFF DOES RECOMMEND APPROVAL. WE HAVE THE MOTIONS ON THE SCREEN. I'M HERE FOR QUESTIONS AND THE APPLICANT IS ALSO AVAILABLE. THANK YOU MR. SPEC. WE'LL MOVE THEN TO QUESTIONS FOR STAFF. COMMISSIONER CUNNINGHAM THANK YOU CHAIR MISSPEAK QUESTION JUST A CLARIFYG ONE. STORMWATER DETENTION TANKS ARE LOCATED UNDER THE SURFACE PARKING LOT AND CONTAINED WITHIN THE SITE AND THEN OFF TO CITY STORM SEWER. CHAIR COMMISSIONER CUNNINGHAM THAT'S CORRECT. THANK YOU. COMMISSIONER. MR.. JUST A COUPLE OF QUESTIONS COME THE FIRST THERE'S THE NOTE AND I BELIEVE YOU MENTIONED IT IN YOUR PRESENTATION AS WELL. EXCUSE ME THAT THE DRIVE LANE ON THE NORTHWEST CORNER OF THE SITE IS 18FT. IT HAS TO BE 20. CAN THEY DO THAT WITH THE EXISTING PLAN TO SHIFT THINGS OR IS THAT A MUCH MORE COMPLICATED SOLUTION? >> CHAIR COMMISSIONER MUNSTER I DO BELIEVE WE TALKED TO WE AS IN PLANNING STAFF TALKED ABOUT IT AND IT DOESN'T SEEM LIKE IT WOULD BE COMPLICATED. THEY MIGHT LOSE ABOUT TWO PARKING SPOTS. BUT IT IS POSSIBLE. OKAY. AND IF I MAY PLEASE JUST ONE OTHER QUESTION. YOU MENTIONED REGARDING THE PLOT THAT INCLUDES THE DEDICATION OF RIGHT OF WAY. IS THAT SOMETHING THAT WAS REQUIRED PREVIOUSLY AND SORT OF NEVER HAPPENED SINCE THE AREA WAS ORIGINALLY PLATTED OR IS THAT A NEW REQUIREMENT AND WHAT DOES THAT EXACTLY MEAN FOR THE SPACE AVAILABLE IN THE RIGHT OF WAY? >> CHAIR COMMISSIONER MUNSTER ,I'M GOING TO LET PLANNING MANAGER JOHNSON TAKE THAT ONE. MR. JOHNSON YEAH. CHAIR COMMISSIONER MUNSTER, THANKS FOR THAT QUESTION SO BECAUSE WE HAVE EFFECTIVELY SIX DIFFERENT PARCELS THEY WERE PLATTED AT DIFFERENT TIMES SO THE RIGHT OF WAY DEDICATION WOULD HAVE BEEN DIFFERENT DEPENDING ON THE ERA AND VINTAGE THAT WOULD WHICH THEY'RE PLATTED. SO IT JUST SO HAPPENS THAT A FEW OF THEM HAVE TO DEDICATE SEVEN ADDITIONAL FEET SO IT'S NOT SIGNIFICANT AMOUNT BUT AGAIN WE HAVE DIFFERENT STANDARDS FOR AN ARTERIAL COLLECTOR ROAD THAN WE WOULD FOR A LOCAL ROAD. SO THEY JUST NEVER DID THAT DEDICATION WHEN THEY WERE PLANTED BACK WHEN YEAH. OTHER QUESTIONS FOR STAFF SEE NONE. I DO BELIEVE THE APPLICANT IS HERE AND IF THEY'D LIKE TO STEP FORWARD AND SPEAK TO THIS ITEM . GOOD EVENING. GOOD EVENING. COMMISSION CHAIR MEMBERS OF THE PLANNING COMMISSION I'M ALEX PARSONS. I'M A DEVELOPMENT PARTNER WITH REAL ESTATE EITIES AND YOU KNOW I DON'T HAVE A FORMAL PRESENTATION. STAFF DID A GREAT JOB KIND OF GOING THROUGH THE ENTIRE PROJECT AND YOU KNOW, I'M HAPPY TO BE HERE AS IS A VOICE TO ANSWER ANY QUESTIONS THAT COME UP. WE'VE GOT AN ARCHITECT HERE FROM URBAN WORKS AS WELL AS OUR CIVIL ENGINEER AS WELL. SO YOU KNOW THEY CAN ADDRESS ANY KIND OF DESIGN RELATED QUESTIONS THAT MIGHT COME UP AS WELL AS ANY CIVIL ENGINEERING QUESTIONS THAT COME UP. SO YOU KNOW, I, I COULD TELL YOU GUYS A LITTLE BIT ABOUT REAL ESTATE EQUITIES IN THE COMPANY IF THAT WOULD BE HELPFUL. SO REAL ESTATE EQUITY HAS BEEN AROUND SINCE 1972. IT'S A COMPANY THAT'S BASED IN ST PAUL, MINNESOTA. YOU KNOW TODAY THE COMPANY OWNS AND MANAGES ABOUT 5000 HOUSING UNITS MULTIFAMILY HOUSING UNITS. THE MAJORITY OF THOSE ARE HERE IN THE TWIN CITIES. WE'VE ALSO DEVELOPED SOME PROJECTS IN ROCHESTER, MINNESOTA AND ABOUT FIVE YEARS AGO WE EXPANDED INTO THE PHENIX MARKET AND WE'VE DONE SOME PROJECTS, YOU KNOW, IN PHENIX TO YOU KNOW WE SELF-MANAGE ALL THE PROJECTS THAT WE BUILD. YOU KNOW, WE'RE OUR INTENTION IS TO OWN THESE PROJECTS FOR 30 YEARS. THE PROJECTS THAT WE'RE BUILDING ARE PRIMARILY WORKFORCE HOUSING IN NATURE SIMILAR TO THIS PROJECT THAT WE'RE PROPOSING. YOU KNOW ALL OF THE PROJECTS FRANKLY THAT WE'VE BUILT OVER THE LAST, YOU KNOW, PROBABLY DECADE OR SO HAVE BEEN AT AN AFFORDABLE ASPECT TO THEM, MANY OF WHICH HAVE BEEN SIMILAR TO THIS 100% AFFORDABLE PROJECTS BOTH SENIOR HOUSING AS WELL AS WORKFORCE HOUSING THAT'S MORE LARGER UNIT STYLES, FAMILY HOUSING. SO THAT'S JUST A LITTLE BACKGROUND ON US. AGAIN, I'M HERE TO ANSWER ANY QUESTIONS AND APPRECIATE YOUR TIME. WE'RE VERY EXCITED ABOUT THIS PROJECT AND APPRECIATE THE CONSIDERATION. THANK YOU MR. PRESIDENT. ANY QUESTIONS FOR THE APPLICANT FISHER WHITE OR LONNIE? SORRY. THANKS. THANK YOU, CHAIR. JUST ONE QUICK QUESTION. HAVE YOU DONE WORK IN BLOOMINGTON BEFORE OR IS THIS YOUR FIRST PROJECT IN BLOOMINGTON? THIS IS ACTUALLY OUR FIRST PROJECT IN BLOOMINGTON. ANY OTHER QUESTIONS FOR THE APPLICANT? MR. CUNNINGHAM THANK YOU, CHAIR. THIS MIGHT BE A QUESTION FOR YOUR DESIGN STAFF. SURE IS. WAS ANY CONSIDERATION GIVEN GIVEN TO SCREENING ON THE EAST SIDE OF YOUR SURFACE PARKING LOT BEYOND THE LANDSCAPING THAT IS PROVIDED? SO THAT'S A GOOD QUESTION. YOU KNOW AND WE ETC. INTEREST SO WE DID GET A CALL FROM A RESIDENT THIS WEEK WHOSE HOME IS DIRECTLY BEHIND THE SITE AND SHE ACTUALLY ASKED ABOUT FENCING OR WHAT THE PLAN KIND OF WAS FOR FENCING. AND SO WHAT I HAD TOLD HER ON THE CALL WAS THAT WE WERE HAPPY TO BUILD, YOU KNOW, A NICE HIGH QUALITY VINYL FENCE THAT KIND OF SPANS THE PERIMETER OF THE EAST SIDE OF THE SITE. YOU KNOW, IN ADDITION TO THAT DO SOME NATURAL LANDSCAPING BUFFERS. OBVIOUSLY WE'RE GOING TO TRY TO KEEP AS MANY TREES THERE AS WE CAN AS WELL. SO IN TERMS OF SCREENING, YOU'RE TALKING ABOUT BASICALLY THE NORTHEAST SIDE OF THE PARKING LOT, CORRECT? AND THEN ALSO YEAH, WHERE THE A CAR WOULD TURN INTO THE UNDERGROUND PORTION. YEAH, THAT'S A GOOD QUESTION. YOU KNOW, DAVE, I MAY ASK YOU TO COME UP AND JUST KIND OF ADDRESS THAT DAVE. WITH URBAN WORKS ARCTIC. SO THANK YOU. YEAH. WELL DAVID HOLLAND WITH EVERYONE KNOWS ARCHITECTURE AND YES THERE'S A FENCE AND I THINK THERE'S ALWAYS SOME EXISTING FENCES THAT WERE ON THE REST OF THE PROPERTY BUT THE RECOURSE IS TO CONTINUE ON. SO YEAH WE CAN WE CAN CONTINUE THAT AT THE FENCE SO. MM HMM. THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT? TIM ? SO YOU KNOW, IF I COULD BOTH HAVE YOU SIGN IN FOR ME PLEASE APPRECIATE . AND WITH THAT WE WILL OPEN THE PUBLIC HEARING NOW. AS A REMINDER, WE DO HAVE A TIME LIMIT OF THREE MINUTES FOR PUBLIC TESTIMONY. SO THANK YOU FOR YOUR ATTENTION TO THAT ON THE CLOCK UP ON THE WALL WHICH WILL GET TEED UP IF THERE'S ANYONE IN THE AUDIENCE WHO WISHES TO TESTIFY. SO PLEASE STEP FORWARD. GOOD EVENING. GOOD EVENING, BLAKE NICOLAY. AND YOU COULD SEE MY NAME UP ON THAT PLOT PLAN THAT YOU HAD . WE OWN THE PROPERTY TO THE NORTHEAST DIRECTLY WHERE THE PARKING LOT IS INTENDED TO BE RIGHT WHERE THERE THE CARS ARE GOING TO BE TURNING IN. I DID SEND AN EMAIL EARLIER TO EMILY. I APOLOGIZE FOR THE LATE NOTIFICATION ON THAT. I DID HAVE A COUPLE OF QUESTIONS REGARDING THAT. I'LL MAKE IT QUICK. YOU ADDRESSED THE TREE COVERAGE ALREADY. THAT'S GOING TO BE A 1 TO 1 RATIO. I I'LL GIVE YOU A LITTLE BACKGROUND ON MYSELF. I DO COMMERCIAL DEVELOPMENT ACROSS THE UPPER MIDWEST. AND THESE ARE STANDARDS THAT I'M HELD TO TO THESE DEVELOPMENTS. SO THESE ARE MY QUESTIONS. IT'S USUALLY A 1 TO 1 RATIO SHIELDING FROM COMMERCIAL OR HIGH DENSITY HOUSING TO RESIDENTIAL HOUSING IS REQUIRED FOR HEADLIGHTS IF THEY'RE ENTERING INTO ANY ONE OF THE WINDOWS IN THE PARKING LOT REDUCTION. TYPICALLY IF THERE'S NO BARRIER IN BETWEEN A RESIDENTIAL STREET WHERE INDIVIDUALS CAN PARK AND A PARKING LOT IF THERE'S TOO MANY PEOPLE THAT ARE DRIVING CARS THEY'LL PARK ON THAT RESIDENTIAL STREET AND THEY'LL WALK THROUGH RESIDENTIAL RESIDENTIAL YARDS TO GET TO THAT HOUSE THAT I WANT TO MAKE SURE WE PREVENT. I'VE HAD PROBLEMS WITH PEOPLE BREAKING IN TO STAFF FROM THE BUS LINE AND WHATNOT AND THE FENCING WOULD AT MINIMUM WOULD BE REQUIRED TO MINIMIZE ANY ENTRY FROM THIS PROPERTY TO OUR PROPERTIES. UM SECONDLY THE TRAFFIC CONSIDERING OPTIONS LYNDALE IS A TWO LANE ROAD JUST SOUTH OF THIS PROPERTY. IT'S NOT A FOUR LANE ROAD. IT CONVERTS INTO TWO WITH A TURN LANE IN THE CENTER. AND THERE ARE A LOT OF BUSSES THAT COME FROM BURNSVILLE AND COME DOWN FROM BLOOMINGTON IN THE MORNING AND IN THE AFTERNOON IS A VERY BUSY ROAD . SO THAT'S THE MAJORITY OF WHEN THESE PEOPLE ARE GOING TO BE COMING HOME. SO TAKE THAT INTO CONSIDERATION. I'M NOT OPPOSED TO REDEVELOPING OR BROADENING OUR HORIZONS IN IN BLOOMINGTON. HOWEVER, I JUST WANT TO BE SAFE AND MINIMIZE THE ACQUIESCENCE OF ANY OF THE CODE MANIPULATIONS THAT WE HAVE REGARDING THE SETBACKS AND THE PARKING. YOU KNOW IT YOU DON'T YOU DON'T GET 20 DIFFERENT VARIATIONS TO THOSE. YOU KNOW, YOU GET 1 OR 2 ACQUIESCENCE BUT IT'S NOT MULTIPLE. SO THAT'S ALL I HAD TO SAY ON THAT. THANK YOU. THANK YOU. I THINK IF YOU'RE SIGNED IN ONCE YOU'RE YOU'RE OKAY. WOULD ANYONE ELSE LIKE TO TESTIFY? GOOD EVENING. GOOD EVENING. MY NAME IS CHRIS STEPHENSON AND I'M APPEARING FOR NATIVITY OF MARY PARISH AND THE SCHOOL. ALSO WITH ME IS PASTOR BILL DUNFORD AND THE CHAIRS OF OUR FINANCE COUNSEL PAT CLANCY AND OUR PARISH COUNCIL STEVE CASTLE LINDA. AND IF I ADD IT ALL THEIR TIME TOGETHER I WOULD HAVE LIKE ALMOST 15 MINUTES BUT I'M ONLY GOING TO TAKE THREE. OKAY. THE ONE WHAT I WANT TO FOCUS ON IS MAYBE JUST TO ANSWER SOME OF THE QUESTIONS THAT CAME UP. WE'RE CONCERNED ABOUT TRAFFIC CONGESTION, THE TRANSIT CONNECTIVITY TO THE APARTMENT COMPLEX. IT'S THE ENVIRONMENTAL. AND WE'VE PUT THAT IN OUR LETTER. THERE WERE WE ALSO LISTED WHAT WE THOUGHT WERE THE RELEVANT FINDINGS THAT YOU HAVE TO MAKE . AND WE'RE CONCERNED ABOUT WHAT IS THE BENEFIT TO THE SURROUNDING NEIGHBORHOOD. TO GO FROM 40 TO 19FT AS A SETBACK. I HEARD THE ANSWER FROM THE PLANNER BUT WITH RESPECT I DON'T THINK THAT DOES ANYTHING TO BENEFIT THE LYNDALE AVENUE CORRIDOR. AND WHAT IS THE SENSE OF NEIGHBORHOOD AND COMMUNITY THAT WE HAVE IN THAT AREA? THE SECOND THING I WANT TO POINT OUT IS THAT THE TRAFFIC STUDY THAT YOU HEARD IS OF AN HOUR. THE HERE'S THE NUMBERS HERE THE STATS. BUT THE TRAFFIC ENGINEER DOESN'T LIVE WITH THE TRAFFIC CONGESTION THAT WE EXPERIENCE WHEN WE'RE HAVING KIDS COME TO SCHOOL AND WE HAVE PEOPLE THAT ARE COMING TO GO TO CHURCH. AND DURING THOSE PEAK PERIODS THERE'S A LOT OF TRAFFIC AND THERE'S A LOT OF WAIT TIMES TO TURN LEFT IN OR LEFT OUT. AND THOSE SORT OF TRAFFIC CONCERNS WHEN YOU COMBINE AND ADD THE COMBINED EFFECTS OF ADDING AN APARTMENT BUILDING AND PEOPLE FROM THE TRANSIT STATION ACCESSING TO GO TO THAT APARTMENT ON TOP OF THE OTHER PEOPLE THAT ARE ALREADY THERE CREATES A LOT OF CONGESTION. AND YOU'RE GOING TO HAVE PEOPLE WALKING WHERE THEY'RE NOT SUPPOSED TO BE. AND THAT'S THAT'S THE BIG PROBLEM THAT WE HAVE. SO FOR EXAMPLE, WHEN THE TRANSIT STATION WAS PUT IN PLACE, WE STARTED KEEPING RECORDS. BUT SINCE SEPTEMBER OF THIS YEAR WE HAD THREE INTERACTIONS THAT CALLED REQUIRED THE POLICE DEPARTMENT TO COME AND HELP US BECAUSE PEOPLE FROM THE TRANSIT STATION WERE GOING CUTTING ACROSS OUR PROPERTY TO GET TO LYNDALE AND TO GO TO THE BUS STATION TO THE SOUTH. YOU'RE GOING TO HAVE MORE OF THAT AND THERE'S NO WAY TO DIRECT THAT TRAFFIC RIGHT NOW. THAT'S WHY THERE'S NO CONNECTIVITY. THE ENVIRONMENTAL I'M SORRY I'M RUNNING. SO I WOULD JUST SAY UP IN THE NEXT MINUTE PERHAPS PARDON ME MAYBE WRAP UP IN THE NEXT MINUTE PERHAPS. OKAY. THANK YOU VERY MUCH, MR. CHAIR. UH, THE ENVIRONMENTAL THAT PROPERTY WHETHER IT'S IN A SUPER THE SUPERFUND SITE OR NOT OUR PROPERTY IS WE'VE BEEN WORKING WITH THE PCA. THE PCA IS DOING TESTING ON THE RIGHT AWAY ON LYNDALE AVENUE. SO THIS IS NOT A A DREAM OF SOMETHING THAT HAS HAPPENED . IT IS HAPPENING AND THAT PLUME IS MOVING IN A SOUTHWESTERN SECTION. WE HAVE CONCERNS. WE DON'T WE'RE NOT HERE TO SAY STOP THE PROJECT, STOP THE PROJECT. BUT WE'D LIKE TO HAVE THE OPPORTUNITY TO MEET AND WORK OUT THESE TRAFFIC AND TRANSIT ISSUES SO THAT WE CAN WORK TOGETHER SO THAT WE DON'T HAVE THESE CONGESTION ISSUES EXACERBATE IT. THANK YOU. THANK YOU. IF YOU COULD SIGN IN FOR US PLEASE. THANK YOU. AND I'M SORRY I DIDN'T MEAN TO OVERSTAY MY WELCOME, BUT IF ANYONE HAS ANY QUESTIONS, I'M HAPPY TO ANSWER WITH ANYONE ELSE LIKE TO TESTIFY IN THIS ITEM. GOOD EVENING. GOOD EVENING, MR. CHAIR. OTHER MEMBERS. MY NAME IS DAN MCGRAW. I OWN THE GULF FUNERAL HOME DIRECTLY TO THE NORTH. I ALSO OWN THE PROPERTY AS WELL. I WANT TO BE CLEAR MY CONCERN WITH RESIDENTIAL DEVELOPMENT OR AFFORDABLE HOUSING AS A CONCEPT I AM NOT AGAINST THAT. MY CONCERN IS WITH SPECIFIC DESIGN CHOICES BEING REQUESTED HERE PARTICULARLY THE REDUCED SETBACKS AND INCREASED BUILDING HEIGHT AND WHETHER THOSE DEPARTURES ARE APPROPRIATE FOR THIS LOCATION . BLOOMINGTON ZONING CODE INDICATES SETBACKS STEP BACKS AND HEIGHT LIMITS FOR A REASON. THEY EXIST TO MANAGE COMPATIBILITY PROVIDE TRANSITIONS BETWEEN DIFFERENT LAND USES AND REDUCE IMPACTS ON NEIGHBORING PROPERTIES WHICH WOULD BE OURS IN THIS CASE THE APPLICANT IS REQUESTING DISCRETIONARY FLEXIBILITY TO THOSE STANDARDS TO A PLAN DEVELOPMENT OVERLAY. THAT FLEXIBILITY IS NOT REQUIRED TO FOLLOW DEVELOPMENT. THE SITE HAS ALREADY GUIDED AND PROPOSED TO BE ZONED FOR HIGH DENSITY RESIDENTIAL USE. THE APPLICANT HAS NOT DEMONSTRATED THAT COMPLYING WITH STANDARD SETBACKS OR HEIGHT LIMITS WOULD PREVENT REASONABLE USE OF THE PROPERTY. INSTEAD THE REQUEST APPEARS TO BE DRIVEN BY DESIGN EFFICIENCY UNIT YIELD NOT NECESSITY. I WOULD ALSO NOTE THE APPLICANT IS NOT REQUESTING TAX INCREMENT FINANCING OR OTHER PUBLIC FINANCIAL ASSISTANCE. THIS IS A LAND USE REQUEST ONLY BECAUSE THERE IS NO PUBLIC FINANCING COMPONENT. THERE HAS BEEN NO DEMONSTRATION THAT THE REDUCED SETBACKS IN INCREASE HEIGHT ARE FINANCIALLY NECESSARY TO MAKE THIS PROJECT VIABLE. REDUCING SETBACKS WHILE ALSO INCREASING HEIGHT INTENSIFIES THE IMPACT AT THE PROPERTY EDGE IT REMOVES THE BUFFER OR . ZONING CODE IS INTENDED TO PROVIDE AND SHIFTS THE BURDEN OF THOSE IMPACTS AND TO ADJACENT PROPERTIES. AS THE OWNER OF A LONG STANDING SERVICE ORIENTED BUSINESS NEXT DOOR SINCE 1961 OUR FAMILY HAS BEEN IN BUSINESS SINCE 1889. SO WE'RE NOT A FLY BY NIGHT OPERATION AND THOSE IMPACTS ARE REAL AND OPERATIONAL NOT THE THEORETICAL. PLAN DEVELOPMENT FLEXIBILITY IS DISCRETIONARY AND SHOULD RESULT IN IMPROVED COMPATIBILITY. IN MY VIEW THIS PROPOSAL DOES NOT DOES THE OPPOSITE. IT PRIORITIZES INTERNAL PROJECT GOALS WHILE WEAKENING TRANSITION TO SURROUNDING USES. HIGH DENSITY HOUSING CAN OCCUR ON THIS SITE WITHOUT PUSHING THE BUILDING CLOSER OR TALLER THAN WHAT THE CODE ALREADY ALLOWS. FOR THESE REASONS I SPECIFICALLY ASKED THAT THE COMMISSION DENY THE REQUEST. SETBACK AND HEIGHT FLEXIBILITY OR REQUIRE THE PROJECT TO BE REVISED TO MEET STANDARD ZONING REQUIREMENTS. THANK YOU FOR ALLOWING ME. THANK YOU. IF YOU COULD SIGN IN FOR US PLEASE. WOULD ANYONE ELSE LIKE TO TESTIFY ON THIS ITEM ? MS. BROWN, DO WE HAVE ANYBODY ON LINE? I'LL PARTICIPANT ONLINE OUR STAFF. THANK YOU. LAST CALL IF ANYONE WOULD LIKE TO TESTIFY ON THIS ITEM . SEE NONE. I WILL LOOK FOR A MOTION TO CLOSE THE PUBLIC HEARING. SO MOVED THERE SECOND. SECOND WE HAVE A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING. ALL THOSE IN FAVOR SAY I. I OPPOSED. THEIR MOTION PASSES SEVEN ZERO AND THE PUBLIC HEARING IS CLOSED. WE'LL MOVE TO DISCUSSION. I WOULD LIKE TO START WITH A QUESTION TO MR. TASK. CAN YOU SPEAK TO US A LITTLE BIT MORE ABOUT WHAT IT MEANS TO FIND A PUBLIC BENEFIT THAT CAME UP A FEW TIMES WHAT THE PLANNING COMMISSION ALLOWED TO FIND AS A PUBLIC BENEFIT? WELL I CAN JUST READ OFF WHAT CODE SORRY COMMISSIONER CHAIRS. THIS IS PART OF THE PLAN DEVELOPMENT OVERLAY DISTRICT. SO WHEN YOU HAVE PRELIMINARY DEVELOPMENT PLANS YOU'RE REQUIRED OR WHEN YOU REZONE TO THE PLAN DEVELOPMENT DISTRICT YOU HAVE TO GET PRELIMINARY DEVELOPMENT PLAN APPROVAL. SO THAT'S WHAT'S HAPPENING HERE. SO THE INTENT OF THE PLAN DEVELOPMENT OVERLAY DISTRICT IS TO PROMOTE CREATIVE AND EFFICIENT USE OF LAND BY PROVIDING DESIGN FLEXIBILITY IN THE APPLICATION OF DEVELOPMENT STANDARDS. IT'S TO DO THAT BY ALLOWING IMPROVED SITE AND STRUCTURE DESIGN, ALLOWING DEVELOPMENT ON MULTIPLE LOTS AS ONE COORDINATED SITE, ENSURING COORDINATION OF PHASE DEVELOPMENT, ALLOWING THE LOCATION OF STRUCTURES, FACILITIES AND LOT LINES ON A SITE TO BE ADJUSTED TO PROTECT NATURAL FEATURES. AND FIVE ALLOWING THE SHARED USE OF FACILITIES INCLUDING BUT NOT LIMITED TO PARKING ACCESS AND STORMWATER MANAGEMENT INFRASTRUCTURE. SO THAT'S THE LANGUAGE THAT COMES RIGHT FROM CODE. SO WHEN SOMETHING MEETS THE INTENT OF THE PLAN OVER OVERLAY DEVELOPMENT PLAN DEVELOPMENT OVERLAY DISTRICT AND YOU FIND A PUBLIC BENEFIT. YOU CAN GRANT FLEXIBILITY TO CITY CODE STANDARDS OR RECOMMEND THAT THE CITY COUNCIL DOES. SO THOSE ARE THE FINDINGS THAT WOULD HAVE TO BE MET. NOW WHETHER THEY ARE REQUESTING PUBLIC FINANCING OR NOT, THAT DOESN'T BECOME ANY PART OF THIS CALCULUS. IT'S PUBLIC BENEFIT. AND DOES IT MEET THE THE INTENT OF THE PLAN DEVELOPMENT OVERLAY DISTRICT AS A LAND USE? SO THAT'S KIND OF THE RUBRIC WHERE YOU'RE CONSIDERING THIS UNDER SO IT'S KIND OF A QUASI JUDICIAL DECISION MAKING IF YOU FIND A PUBLIC BENEFIT. THERE'S NO GUIDANCE IN CODE AS TO WHAT THAT ACTUALLY MEANS. UNFORTUNATELY IT'S JUST AS PUBLIC BENEFIT. SO I WISH THERE MIGHT BE A LITTLE BIT MORE BUT THERE'S NOT. MR. JOHNSON, DO YOU HAVE ANYTHING TO ADD? YEAH. THANKS FOR KIRKTON PUBLIC BENEFIT IS TYPICALLY THOUGHT OF AS A BENEFIT TO THE BROADER PUBLIC THE ROYAL PUBLIC IF YOU WILL. NOT JUST THE KIND OF PRECISE LOCALITY THAT THE PROJECT IS PROPOSED IT DOESN'T MEAN IT CAN'T HAVE LOCALIZED BENEFITS TO THOSE MEMBERS OF THE PUBLIC BUT A PUBLIC GOOD. MANY OF THOSE THINGS ARE DEFINED IN THE PLAN IN TERMS OF WHAT THE GOALS, STRATEGIES AND ACTIONS THAT THE CITY ARE PURSUING. AFFORDABLE HOUSING IS A CLEAR ONE IN OUR PLAN THAT TYPICALLY THE CITY HAS RELIED ON IN TERMS OF THE DEFINITION OF PUBLIC GOOD THAT COULD BE RELATED MORE SO TO COMMERCIAL OR INDUSTRIAL PROJECTS. EMPLOYMENT FOR EXAMPLE COULD BE A SIGNIFICANT PUBLIC BENEFIT THAT IT IMPROVES LOCAL ECONOMIC CONDITIONS CAN BE A PUBLIC BENEFIT. SO THERE CAN BE MANY THINGS THAT CAN QUALIFY AS A PUBLIC BENEFIT. THERE'S NOT A PRICE PRECISE DEFINITION AND CODE AS KEVIN MENTIONED. SO REALLY IT'S UP TO THE PLANNING COMMISSION AND CITY COUNCIL IN TERMS OF WHAT FACTORS THEY WEIGH WHEN EVALUATING WHAT THEY FEEL THE MERITS OF THE PROJECT ARE AS IT RELATES TO PUBLIC BENEFIT. HOPEFULLY THAT PROVIDES A LOT MORE CONTEXT. THANK YOU. DOES THIS NEED TO PASS A BUDGET FOR TEST? THIS THIS DEVELOPMENT WOULD ONLY WOULD NOT OCCUR BUT FOR THE THE OVERLAY SURE COOKED IN IT DOES NOT FOR THE ZONING APPROVALS I WILL NOTE THIS PROJECT IS SEEKING TAX INCREMENT FINANCING AT THE CITY AND THAT ASPECT OF THE APPROVAL WHICH JUST FLOWS THROUGH THE CITY COUNCIL THERE THE AUTHORITY WITH RESPECT TO ANY TYPE OF ACTION IN THAT REGARD THAT DOES NEED TO PASS A BUT FOR A TEST BUT THAT THAT IS NOT BEFORE THE PLANNING COMMISSION THAT IS NOT GERMANE TO THE APPLICATION THAT YOU'RE EVALUATING. THANK YOU. THAT'S GREAT. THE CHAIR CHAIR COMMISSIONERS ,IS THE SEPARATE PUBLIC HEARING REQUIRED FOR THAT NOTICE WOULD GO OUT TO THE TAXPAYERS OF THE CITY, PUBLISH NOTICE OF THAT SO THERE'S FINDINGS THAT HAVE TO BE MET AND STATUTE HAS TO BE FOLLOWED. SO TIFF FALLS AT SEPARATE PROCESS. SOME OF THAT TOUCHES PLANNING COMMISSION WHEN YOU LOOK AT HOW THE TIFF PROPOSED TIFF FOR REDEVELOPMENT DISTRICT MIGHT FIT WITH THE COMPREHENSIVE PLAN BUT THAT'S THE ONLY TIME IT TOUCHES THE PLANNING COMMISSION. EVERYTHING ELSE IS A CITY COUNCIL DECISION ON TIFF. THANK YOU MR. STARSKY. I DID WANT TO FOLLOW UP ON ANOTHER PIECE OF PUBLIC TESTIMONY. WE HEARD ABOUT THE TREE COVERAGE RATIO. MR. SPEAKER, CAN YOU OR MR. JOHNSON EITHER MR. SPEAKER, CAN YOU FOLLOW UP WITH US ON THAT CHAIR COOKED IN I BELIEVE IN THE CORRESPONDENCE. THE QUESTION WAS MAYBE MORE RELATED TO LIKE REPLACING TREES THAT ARE BEING CUT DOWN . IF THAT'S THE CASE WE DON'T HAVE STANDARDS FOR THAT AND THE ZONING DISTRICTS IF IT'S RELATED TO MORE LIKE TREE BUFFERS FOR WHAT'S REQUIRED FOR OUR CODE SCREENING THE PARKING LOT FROM THE EAST SIDE THERE IS A FENCE PROPOSED AND THEN ON THE WEST SIDE SCREEN THE PARKING LOT FROM THE STREET DOES REQUIRE SCREENING WHICH ISN'T SHOWN BUT WE HAVE THAT AS A CONDITION I BELIEVE . THANK YOU, MR. SPEAKER. OKAY, COMMISSIONERS, MOVING TO DISCUSSION. WE'LL START WITH COMMISSIONER CUNNINGHAM. THANKS. CLARIFYING QUESTION FOR STAFF AS IT RELATES TO THE POLLUTION MAP SHOWN ON THE DEAL WAS WAS THAT DATA SOURCED FROM THE MINNESOTA POLLUTION CONTROL AGENCY? OKAY EXCELLENT. I JUST WANTED TO MAKE SURE WE WERE LOOK AT ALL LOOKING AT THE SAME FLUME OF TCE. THANK YOU. THAT'S CORRECT. FOR THE RECORD AND PC COMMISSIONER THANK YOU CHAIR THIS IS MORE OF A PROCESS BACK TO A PROCESS QUESTION SO THIS IS APPROVING THE COMPREHENSIVE LAND USE GUIDE AMENDMENT AND ZONING REZONING. WHAT ARE THE VARIOUS SUBSEQUENT THINGS THAT NEED TO HAPPEN WHERE THIS PROJECT WILL COME BEFORE EITHER THE PLANNING COMMISSION OR THE CITY COUNCIL VARIOUS THINGS LIKE YEAH. >> MR. JOHNSON YEAH. CHAIR COOKED IN COMMISSIONER LONNIE THANKS FOR THE QUESTION. SO RIGHT NOW THEY'RE JUST SEEKING THE ZONING ENTITLEMENTS SO THIS IS THE REGARDING REZONING AS YOU MENTIONED THEIR SITE PLAN APPROVAL WHICH IS THROUGH THE PLAN DEVELOPMENT PRELIMINARY IN FINAL DEVELOPMENT PLANS AS WELL AS A PLAT. SO ALL OF THAT CAN COME THROUGH AND ONE CONCERT REQUEST AS PART OF THE ZONING ENTITLEMENTS IN TERMS OF SUBSEQUENT ACTIONS THE MET COUNCIL ACTUALLY HAS TO SIGN OFF ON THE COMP PLAN AMENDMENTS OR ONE NOTE THERE. BUT IN TERMS OF OTHER ACTIONS, ANY TYPE OF FINANCIAL PACKAGE THAT THE APPLICANT WOULD BE SEEKING TO HELP FINANCE THE PROJECT AS IT RELATES TO AFFORDABLE HOUSING THAT WOULD BE THROUGH THE CITY COUNCIL AND AS ATTORNEY TASK YOU SAID A SEPARATE HEARING, SEPARATE PROCESS, SEPARATE APPROVAL I BELIEVE THE APPLICANT THEY CERTAINLY CAN SPEAK TO THIS MORE ACCURATELY THAT CAN I BUT I BELIEVE THEY'RE ALSO SEEKING FINANCING FOR MINNESOTA HOUSING AND OTHER SOURCES PUTTING A FINANCIAL OR A FINANCING PACKAGE FOR A PROJECT LIKE THIS TENDS TO BE VERY COMPLEX WHEN IT'S A FULLY AFFORDABLE PROJECT. SO THOSE ARE NOT SUBJECT TO THE CITY OF BLOOMINGTON AT ALL. THANK YOU. YEAH. >> JUST TO ADD TO THAT A LITTLE BIT, THIS WON'T COME BACK TO TO PLANNING COMMISSION UNDER THIS FORM. SO YOU'RE RECOMMENDING TO COUNCIL THAT THEY READ GUIDE YOUR RECOMMENDING THAT THEY'RE ZONE YOU'RE RECOMMENDING THEY EITHER OR I SHOULDN'T SAY YOU'RE RECOMMENDING THEY DO THAT YOU COULD GO EITHER WAY SO YOU RECOMMEND ONE WAY OR THE OTHER I SHOULDN'T SAY IN HEAD TO OUR BUTTS THERE BUT AND YOU'RE RECOMMENDING PLURAL I'M PRELIMINARY AND FINAL DEVELOPMENT PLAN ACTION ON THAT AS WELL AS THE PLAT SO THAT'LL ALL GO TO COUNCIL IS RECOMMENDATIONS UP OR DOWN AND THEN THEY HAVE THE FINAL DECISION MAKING AUTHORITY I'LL I'LL MAKE ONE PLEASE. CHAIR IF I MAKE ONE LAST COMMENT TOO IS THIS CAME UP HERE IN THE COMMUNITY CENTER AS WELL AS THAT OFTENTIMES OF A PROJECT OF THIS SCALE THERE'S ALWAYS SOME ELEMENTS THAT ARE REFINED OR CHANGED OVER TIME BEFORE THEY GET A BUILDING PERMIT. AND SO I THINK THAT'S ONE ELEMENT OF THE PROCESS ASSUMING THAT THEY CAN ACTUALLY SECURE FINANCING TO PROCEED WITH THE PROJECT AND ASSUMING THAT THE ZONING ENTITLEMENTS ARE APPROVED, THERE'S ALWAYS SOME DESIGN ITERATION HELPFUL TO THE NEIGHBORS BACK AND FORTH WITH RESPECT TO THE APPLICANT OF MEETING ALL THE CODE REQUIREMENTS, MEETING ALL THE CONDITIONS OF APPROVAL JUST TO HIGHLIGHT THAT ASPECT OF THE PROCESS TOO. GREAT. THANK YOU MS. RIZZO. THANK YOU, CHAIR. SO OVERALL I'M IN SUPPORT OF THE AFFORDABLE HOUSING ASPECT. I THINK IT'S MUCH NEEDED IN THE CITY AND AND I THINK THIS I LIVE IN THE NEIGHBORHOOD SO I KNOW THE NEIGHBORHOOD VERY WELL AND I AS I'M DRIVING I ALWAYS NOTICE LIKE AN EMPTY LOT. IT'S BEEN EMPTY FOR A WHILE PROBABLY AT LEAST TWO YEARS NOW. THERE USED TO BE MAYBE A OLD HOUSE ON ONE OF THEM KIND OF SOUTH BUT I AND SO I AM IN SUPPORT AND I DO THINK IT ALIGNS WITH THE LYNDALE RETROFIT PLAN AS WELL AS THE COMP THE GENERAL COMPREHENSIVE PLAN. AT THE SAME TIME I DO THINK THE PASTOR I THINK BILL OR OR THE TOWN WHO SPOKE THAT REPRESENTED THE CHURCH CONCERNS ARE VALID AS WELL AS THE FUNERAL HOME OWNER AND SO I WOULD ADVISE THAT KIND OF THE CITY HEARS THAT OUT AND I GUESS I COME TO A MIDDLE GROUND AND KIND OF ADDRESS THOSE CONCES. YOU KNOW, GROWING UP IN THAT NEIGHBORHOOD WE WOULD ALWAYS USE A BASKETBALL COURT THAT'S ON THE CHURCH SO THEY NEVER COMPLAINED. THEY ALWAYS LET US USE IT. WE'VE ALWAYS BEEN NICE. SO I THINK IT'S IMPORTANT TO ADDRESS THEIR CONCERNS AND YEAH, THAT'S MY TAKE. THANK YOU. THANK YOU, COMMISSIONER. MR.. THANK YOU MR. CHAIR. I THINK THIS GOES TO WHAT YOU WERE SAYING AT THE BEGINNING OF THE MEETING REGARDING THE FACT THAT WE ARE BOUND TO OUR FINDINGS AND WE ARE VERY CLEARLY DIRECTED AT THE THINGS THAT WE ARE SUPPOSED TO LOOK AT IN MAKING THESE DECISIONS. AGAIN, LIKE MY COLLEAGUE SAID ,WE APPRECIATE THE COMMENTS FROM THE NEIGHBORS AND I THINK THAT THERE IS A PROCESS GOING FORWARD FROM HERE WHERE YOU CAN ENGAGE WITH THE CITY COUNCIL. YOU CAN ENGAGE FURTHER WITH THE DEVELOPERS. BUT AS FOR OUR FINDINGS, I BELIEVE THAT THE FINDINGS HAVE BEEN MADE FOR THESE REQUESTS AND I CAN I WOULD BE IN SUPPORT. THANK YOU, COMMISSIONER. >> MR.. I HAVE A COUPLE OF THOUGHTS. JUST ONE THING IN GENERAL I'VE BROUGHT THIS UP BEFORE BUT I'M JUST NOT A FAN OF BEING ABLE TO COUNT BALCONIES AS GREEN SPACE. I, I DON'T THINK THAT'S FAIR. I MEAN I THINK IT'S I DON'T KNOW IT'S A LITTLE DEVIOUS IN MY I LIKE THAT SO FORTH THE APPLICANT WE ALLOW THAT BUT I THINK AS A CITY WE SHOULD REEVALUATE THAT IF IT'S NOT AVAILABLE TO EVERYBODY IT'S NOT TRULY A GREEN SPACE AND SO I BROUGHT OUT THAT BEFORE I I'M NOT A FAN OF IT. IT'S NOT A BIG DEAL. THERE'S NOT A TON OF BALCONIES ON THIS APPLICATION BUT NOT A HUGE FAN OF THAT. WE HEARD A NUMBER OF CONCERNS BOTH IN WRITTEN FORM THROUGHOUT THE WEEK IN OUR INBOXES AND ALSO HERE THIS EVENING ABOUT JUST GENERAL SAFETY OF THE NEIGHBORHOOD TRAFFIC PEOPLE WALKING TO THE TRANSIT STATION. I WISH WE COULD POLICE WHERE PEOPLE WALK AND YOU KNOW, YOU CAN YOU CAN PUT A FENCE AROUND EVERYTHING OR YOU CAN JUST TRUST YOUR NEIGHBOR THAT THEY'RE NOT GOING TO DO THAT AND THEY PROBABLY ARE GOING TO DO IT ANYWAY. AND SO AS MUCH AS I WISH WE COULD TEACH PEOPLE TO WALK AT CROSSWALKS AND NOT JAYWALK AND BE SAFE AND EVERYTHING, I DON'T THINK WE CAN AND I DON'T THINK IT'S THE PLIGHT OF THIS APPLICANT THAT THAT THE GENERAL PUBLIC CUTS ACROSS PRIVATE PROPERTY THAT'S THAT'S NOT THE APPLICANT'S FAULT AND I DON'T THINK IT'S FAIR OF US TO RESTRICT DEVELOPMENTS BECAUSE OF THE WAY PEOPLE ARE. AND SO YOU KNOW, I I'M SOMEONE WHO USED TO USE THAT TRANSPORTATION EVERY DAY. I TOOK THAT I USE THAT TRANSIT STATION EVERY DAY FOR LIKE FIVE YEARS. SO I WAS THERE A LOT. AND ACTUALLY THE BIGGER PROBLEM IS TO THE NORTH OF THERE CUTTING ACROSS 98TH STREET IS EXTRAORDINARILY DANGEROUS. IT'S ACTUALLY MUCH YOU KNOW, IF SOMETHING'S GOING TO CROSS SOMEWHERE I'D RATHER HAVE THEM CROSSING DOWN HERE ON ON THIS SLOWER SECTION OF LYNDALE THAN WHAT PEOPLE DO UP ON 19TH STREET. THAT SCARES ME SIGNIFICANTLY MORE THAN WHAT WE'RE TALKING ABOUT HERE AND THERE. YOU KNOW YOU KNOW, ON BE YOU KNOW, IN DEFENSE OF THE THE STAFF RECOMMENDATION THERE ARE CROSSWALKS, THERE ARE MARKED CROSSWALKS THERE IS A SAFER OUT THERE AND SO YOU KNOW I CAN SUPPORT IT I WISH PEOPLE DIDN'T WALK WHERE THEY SHOULDN'T BUT THEY DO. AND TO ME COMMISSIONER MUNSTER'S POINT, WE DO HAVE FINDINGS TO MAKE ON THIS AND I'M ABLE TO MAKE THE FINDINGS THE ONE THAT GETS YOU KNOW, THE MOST ATTENTION FOR ME IS THE THE FINAL FINDING WHICH IS WHETHER THIS NEIGHBOR WHETHER THIS DEVELOPMENT WOULD BE INJURIOUS TO THE SURROUNDING NEIGHBORHOOD AND WE'VE TALKED ABOUT THIS BEFORE SPECIFICALLY WHEN THE COMMUNITY CENTER CAME UP AND THERE WAS A LOT OF COMMUNITY CONCERN ABOUT THAT AS WELL FROM THE NEIGHBORS. AND I THINK YOU HAVE TO MAKE A DIFFERENTIATION BETWEEN WILL THIS IMPACT SURROUNDING NEIGHBORHOOD OR WILL IT BE INJURIOUS? WILL THIS IMPACT THE SURROUNDING NEIGHBORHOOD? I THINK IT WILL. I THINK YOU'LL SEE AN INCREASE IN TRAFFIC. I CERTAINLY THINK YOU'LL SEE PEOPLE WALKING TO THE TRANSIT STATION. BUT IS IT INJURIOUS AND I'M UNABLE TO SAY THAT IT WOULD BE INJURIOUS. THIS CONDITION EXISTS ALL OVER THE CITY WHERE YOU HAVE APARTMENT BUILDINGS WHERE PEOPLE ARE WALKING TO TRANSIT STATIONS AND WALKING TO FESTIVAL FOODS AND EVERYTHING ELSE. THERE'S GOING TO BE MORE PEOPLE OUTSIDE AND ALTHOUGH THAT MAY INCREASE THE THE OPPORTUNITY FOR INCIDENTS TO OCCUR, I DON'T FIND IT INJURIOUS. IF I FOUND THIS INJURIOUS I'M NOT SURE WE COULD PUT IT UP IN APARTMENT BUILDING ANYWHERE IN THE CITY. WE HAVE 90,000 RESIDENTS HERE AND PEOPLE ARE OUT ON THE STREETS AND THEY'RE WALKING AROUND AND I THINK YOU HAVE TO BE ABLE TO MAKE THE THE DIFFERENTIATION BETWEEN IMPACT AND INJURIOUS AND IN THIS CASE I'M UNABLE TO FIND THAT IT'S INJURIOUS. I MEAN I CAN MAKE THE FINDINGS MAKING ALL OF THE FINDINGS THEREBY SAYING I AM IN SUPPORT OF THIS APPLICATION. OTHER THOUGHTS? MR. LENNY THANK YOU CHAIR FIRST OFF I'D LIKE TO TAKE A MOMENT TO THANK THE MEMBERS OF THE COMMUNITY FOR THEIR TESTIMONY. I THINK BOTH THE WRITTEN CORRESPONDENCE THAT WE RECEIVED AND THE ORAL PRESENTATIONS WE HAD TODAY HAVE REALLY GIVEN ME A LOT TO THINK ABOUT. I PARTICULARLY APPRECIATE HOW OPEN EVERYONE IS AND HAS BEEN IN THEIR PRESENTATION AND OF THEIR CONCERNS TO THE OVERALL OVERARCHING GOALS OF THE CITY. AND SO THANK YOU VERY MUCH AND I ENCOURAGE YOU TO CONTINUE TO REMAIN ENGAGED WITH THE CITY IF WE APPROVE THIS BECAUSE IN MY EXPERIENCE THE TEAM ON THE PLANNING IN THE PLANNING DEPARTMENT REALLY DOES LISTEN AND TAKE THAT FEEDBACK VERY SERIOUSLY AND IT HELPS INFLUENCE OUR THOUGHTS AS WELL. I DO AGREE WITH MY COLLEAGUES THAT I THINK THE FINDINGS HAVE BEEN MET AND I AM AND AM INCLINED TO SUPPORT THESE TWO MOTIONS. THANK YOU COMMISSIONER. LENNY AND I DID WANT TO MAKE ONE OTHER POINT BECAUSE THERE WE ARE ALSO ASKED TO FIND A PUBLIC BENEFIT BY APPROVING THE PLAN DEVELOPMENT OVERLAY AND I AM ABLE TO MAKE THAT AS WELL. I DO THINK THERE'S ACTUALLY SIGNIFICANT PUBLIC BENEFIT WITH THIS. FOR ONE WE WERE A BUILT OUT CITY AND WE DON'T HAVE A LOT OF HOUSING STOCK AVAILABLE AND SO NOT ONLY PROVIDING HOUSING STOCK BUT AFFORDABLE HOUSING STOCK I DO THINK AS A PUBLIC BENEFIT I THINK HAVING WIDER SIDEWALKS TO GET THROUGH THE THE NEIGHBORHOOD IS A PUBLIC BENEFIT AND I THINK HAVING A DEVELOPMENT NEARBY THE LYNDALE AVENUE RETROFIT IS ALSO A PLAN A PUBLIC BENEFIT THE LYNDALE AVENUE RETROFIT I THINK IS BECOMING THE MOST SUCCESSFUL THING WE'VE GOT GOING IN THIS CITY. I THINK IT'S WORKING BETTER THAN BLOOMINGTON CENTRAL STATION IF I'M HONEST AND I THINK THE MORE DEVELOPMENT WE SEE THERE THAT ENCOURAGES FURTHER DEVELOPMENT OF LYNDALE AVENUE AND A REINVESTMENT AND A REIMAGINATION OF LYNDALE WHICH I THINK IS GOING TO BE A BENEFIT TO EVERYONE IN THE CITY OF BLOOMINGTON. SO I AM ABLE TO FIND THE PUBLIC BENEFIT AS WELL THEREBY ACCEPTING THE PLANNED OVERLAY DEVELOPMENT. OTHER THOUGHTS ON THIS APPLICATION IF NOT WE HAVE A HOST OF MOTIONS TO GO THROUGH AND I WOULD ENTERTAIN THE FIRST ONE COMMISSIONER WINNING IN CASE PAUL 2025198I MOVED TO RECOMMEND THE CITY COUNCIL ADOPT A RESOLUTION APPROVING A COMPREHENSIVE LAND USE GUIDE PLAN AMENDMENT TO RE GUIDE 9955 LYNDALE AVENUE SOUTH FROM GENERAL BUSINESS TO HIGH DENSITY RESIDENTIAL. WE HAVE A MOTION IS THERE A SECOND SECOND ANY FURTHER DISCUSSION ON THE FIRST MOTION? ALL THOSE IN FAVOR SAY I. I OPPOSED THAT MOTION PASSES SEVEN ZERO IN CASE PAUL 2025198I MOVE TO RECOMMEND THE CITY COUNCIL ADOPT AN ORDINANCE REZONING 9955 LYNDALE AVENUE SOUTH FROM B TO GENERAL COMMERCIAL TO R M 50 PD MULTIPLE FAMILY RESIDENTIAL PLAN DEVELOPMENT AND 1001 NO 10,001 1010001100091001710027 AND 10029 LYNDALE AVENUE SOU FROM R ONE SINGLE FAMILY RESIDENTIAL TO OUR M 50 MULTIPLE FAMILY RESIDENTIAL PLAN DEVELOPMENT IS THERE A SECOND SECOND MOTION AND A SECOND ON THIS SECOND MOTION? ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY I. I OPPOSED THAT MOTION PASSES SEVEN ZERO IN CASE PAUL 2025198I MOVED TO RECOMMEND THE CITY COUNCIL APPROVE PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR A FOUR STORY 180 UNIT MULTIFAMILY RESIDENTIAL BUILDING AT 9950 5100011000910001 AND I THINK THAT'S SUPPOSED TO BE 100171002710029 LYNDALE AVENUE SOUTH SUBJECT TO CONDITIONS AND CODE REQUIREMENTS ATTACHED TO THE STAFF REPORT THERE ARE A SECOND SET WE HAVE A MOTION AND A SECOND FOR THIS THIRD MOTION ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY I. I OPPOSED THAT MOTION PASSES SEVEN ZERO IN CASE PL 2025-198I MOVED TO RECOMMEND THE CITY COUNCIL APPROVE A TYPE THREE PRELIMINARY PLAT AND ADOPT A RESOLUTION APPROVING THE FINAL PLAT TO COMBINE 9955 100091001710027 AND 10029 LYNDALE AVENUE SOUTH INTO ONE LOT SUBJECT TO THE CONDITIONS ATTACHED TO THE STAFF REPORT THERE A SECOND SECOND WE HAVE A MOTION AND A SECOND FOR THIS FINAL MOTION REGARDING THE PLAT ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY I. I OPPOSED THAT MOTION PASSES SEVEN ZERO IN THIS CASE THE PLANNING COMMISSION IS A RECOMMENDING BODY TO THE CITY COUNCIL AND THIS WILL GO BEFORE THE CITY COUNCIL AS A PUBLIC HEARING ON FEBRUARY 23RD 2026. THANK YOU VERY MUCH. WE WILL MOVE THEN TO ITEM NUMBER FOUR WHICH IS A STUDY ITEM CONSIDERING THE DRAFT PLANNING COMMISSION MEETING MINUTES FROM DECEMBER 18TH 2025. COMMISSIONER WHITE I MOVE THAT WE APPROVE THE MEETING NOTES FROM THURSDAY DECEMBER 18TH 2025 AS PRINTED IS THERE A SECOND SECOND THERE'S A MOTION AND A SECOND ON THIS APPLICATION WHICH I WILL NOTE ABSENT COMMISSIONERS WERE COMMISSIONERS SUMMER MUNSTER AND ETHAN. ALL THOSE IN FAVOR SAY I. I OPPOSED ABSTAIN STAY THAT MOTION PASSES FOUR ZERO WITH THREE ABSTENTIONS. WE'LL MOVE THEN TO OUR FINAL ITEM ITEM NUMBER FIVE WHICH IS THE PLANNING COMMISSION POLICIES AND ISSUES UPDATE. MR. JOHNSON THANK YOU CHAIR KURKJIAN AS ALWAYS PREVIEWING UPCOMING MEETINGS JANUARY 22ND THAT'S NEXT WEEK WE'LL HAVE THE AGENDA PACKET FOR THAT MEETING PUBLISHED TOMORROW MORNING SO THAT WILL BE AVAILABLE TO ALL FOR THE WEEKEND AND THIS IS JUST NEXT THURSDAY OF COURSE WE HAVE FIVE PUBLIC HEARINGS PLANNED FOR THAT MEETING A CONDITIONAL USE PERMIT FOR REMOTE AIRPORT PARKING FACILITY AT MALL OF AMERICA AND EAST ON TOP OF THE EAST PARKING RAMP A CONDITIONAL USE PERMIT FOR A MOTOR VEHICLE REPAIR FACILITY AT 9200 LYNDALE AVENUE SOUTH A CONDITIONAL USE PERMIT FOR INDOOR AGRICULTURE FOR CANNABIS AT 333 WEST 86TH STREET A FINAL DEVELOPMENT PLAN FOR PARKING FLEXIBILITY FOR RETAIL USE AT 8101 34TH AVENUE SOUTH IN THE SOUTH LOOP AND A PUBLIC HEARING FOR THE CITY CODE AMENDMENT MISSING MIDDLE HOUSING PHASE TWO ORDINANCE SO FIVE PUBLIC HEARINGS CURRENTLY FOR THE FEBRUARY 12TH MEETING. WE'RE LOOKING AT POTENTIALLY CANCELING THAT MEETING AND SHIFTING A PLANNED STUDY ITEM TO THE SUBSEQUENT MEETING JUST DUE TO A LIGHT AGENDA. SO TRYING TO CONSOLIDATE SOME THINGS THERE FOR FEBRUARY 19TH WE'RE LOOKING AT THREE PUBLIC HEARINGS AND TWO STUDY ITEMS A PUBLIC HEARING FOR A CITY CODE AMENDMENT FOR THE CITY'S FENCE ORDINANCE STANDARDS UPDATE A PUBLIC HEARING FOR FINAL SITE AND BUILDING PLANS AND A VARIANCE FOR THE CITY'S SALT SHED. AND BRIAN BUILDING AT 9721 JAMES AVENUE JUST TO THE NORTH OF HERE A VARIANCE FOR A LOT SPLIT FOR A LOT WITH AT 9 TO 1 ONE COLUMBUS AVENUE SOUTH BROUGHT FORTH BY THE PROPERTY OWNER THERE AND THEN THE STUDY ITEMS WOULD BE A STUDY ITEM OF THE DEVELOPMENT APPLICATION FEE STUDY. THIS IS A PROJECT THAT'S BEEN ON A WORK PLAN FOR A BIT AND FINALLY GOING TO DO SOME REPORTING BACK ON THAT FOR INFORMATIONAL PURPOSES AND THEN A STUDY ITEM POTENTIALLY AT THIS MEETING COULD BUMP TO THE NEXT FOR THE BLOOMINGTON COMP PLAN 2050 KICKOFF PRESENTATION. I WOULD ALSO NOTE RELATED TO THAT IS THAT WE'RE WORKING WITH HRA STAFF AND PORT AUTHORITY STAFF AND CITY MANAGEMENT TO POTENTIALLY COBBLE TOGETHER A JOINT MEETING POTENTIALLY WITH THE HRA BOARD, THE PORT AUTHORITY AND POTENTIALLY THE CITY COUNCIL SOMETIME IN MARCH. I'LL REPORT BACK TO YOU ON THAT DATE SOON ONCE IT'S FINALIZED. BUT THAT WOULD ALSO BE RELATED TO THE CITY'S COMPREHENSIVE PLAN PROJECT AND THE KICKOFF FOR THAT. THE ONLY OTHER UPDATE I HAVE IS THAT I KNOW THANK YOU FOR YOUR RESPONSES FOR THE PLANNING COMMISSION RETREAT. WE'RE TRYING TO FINALIZE THE DATE FOR THAT AND I'LL BE IN TOUCH WITH YOU VERY SOON ABOUT THAT. I KNOW YOU'VE BEEN OUT HOLDING YOUR CALENDARS SO THANK YOU. I APPRECIATE THE PATIENCE IN THAT REGARD AND THAT'S ALL I HAVE. MR. JONES ARE YOU SUGGESTING A JOINT MEETING BETWEEN ALL FOUR BODIES THAT THAT HAS BEEN DISCUSSED AND IS POTENTIAL SO I'LL BE REPORTING BACK ON THAT SOON AS FINAL AS WE CAN PUT TOGETHER. NOT HARD TO GET EVERYONE IN ONE PLACE AT ONE TIME BUT WE'LL DO OUR BEST. IS THERE PRECEDENT FOR THAT? I NOT THAT I KNOW OF WE CERTAINLY HAVE GATHERED THE PORT AUTHORITY AND COUNCIL ON PLANNING BEFORE HRA AND PORTLAND PLANNING COMMISSION BEFORE NOT THAT I'M AWARE OF BUT I THINK THE COMP PLAN IS A GOOD TOPIC TO DO IT FOR. INDEED THIS IS AN OPPORTUNITY FOR PLANNING COMMISSIONERS TO BRING UP ANYTHING THAT WAS NOT ON THIS EVENING AGENDA WOULD ANYONE HAVE ANYTHING TO DISCUSS COMMISSIONER CUNNINGHAM THANK YOU. CHAIR PLANNING MANAGER JOHNSON WATCHING I BELIEVE IT WAS THE JANUARY 5TH CITY COUNCIL MEETING. A LOT OF OTHER BOARDS AND COMMISSIONS HAVE CITY COUNCIL REPRESENTATION ON THEM. IS THERE EVER BEEN DISCUSSIONS ABOUT HAVING A CITY COUNCIL REPRESENTATIVE ON THIS COMMISSION? MR. JOHNSON YEAH. CHAIR ACTING COMMISSIONER CUNNINGHAM THANKS FOR THAT QUESTION. I BELIEVE THE CITY HAS DISCUSSED THAT IN THE PAST THERE WAS NO PROPOSAL TO PUT COUNCIL ON THE PLANNING COMMISSION THIS PAST GO AROUND BUT THERE PREVIOUSLY WAS A MEMBER WHO SERVED ON THE SUSTAINABILITY COMMISSION AND THERE ARE TWO MEMBERS OF THE COUNCIL TO SERVE ON THE HRA BOARD AS WELL AS THE PORT AUTHORITY AND NOW THOSE ARE A LITTLE BIT DIFFERENT BECAUSE THEY'RE SEPARATE LEGAL ENTITIES THAN THE CITY TECHNICALLY BUT I BELIEVE THEY'RE GOING AWAY FROM I COULD DON'T QUOTE ME I APOLOGIZE IF I GET THIS WRONG FOR THE RECORD IN THE PUBLIC BUT I BELIEVE THEY'RE GOING AWAY FROM CITY COUNCIL MEMBERS SERVING ON OUR SUSTAINABILITY FEE. I ECHO THE CHAIR'S PREVIOUS COMMENTS AROUND. I YOU KNOW I APPRECIATE THE ABILITY FOR THIS BODY TO COME TO INDEPENDENT DECISION MAKING AND I THINK THAT THAT IS VALUABLE. SOME CITIES DO HAVE COUNCIL MEMBERS SERVE ON THE PLANNING COMMISSION BUT JUST FROM MY OUTSIDE OBSERVATION I THINK IT DOES CREATE SOME INTERESTING DYNAMICS AT TIMES WHEN ONE MEMBER SERVES ON THE CITY COUNCIL AND SOME APPLICATIONS . THANK YOU. THANK YOU MARISSA. THANK YOU. THANK YOU. I JUST WANT TO SAY THANK YOU COMMISSIONER CUNNINGHAM FOR REPRESENTING US AT CITY COUNCIL. SO I THOUGHT THAT THERE THE COMMISSIONER MUST HAVE JUST A QUESTION WE DON'T OFTEN GET FOLLOW UP SORT OF ONCE THINGS LEAVE US TO KNOW WHERE THEY END UP JUST AS A QUESTION HAS THE COUNCIL TAKEN ACTION ON THE PARKING GO AND PARKING FLY APPLICATIONS THAT WE SAW A COUPLE OF MONTHS AGO? AND THE REASON I'M ASKING IS BECAUSE I KNOW THAT HAS SOME BEARING ON THE TIMELINE THAT WAS SET, YOU KNOW, SEVERAL MONTHS BEFORE THAT. SO JUST TO KNOW WHERE WE'RE GOING WITH IT. YEAH. CHAIR COOKED IN COMMISSIONER MONSTER THANK YOU FOR THAT QUESTION. SO THAT APPLICATION HAS BEEN EFFECTIVELY PAUSED FOR SOME TIME WHILE THEY WERE ENGAGING IN SOME DISCUSSION WITH ADDITIONAL DISCUSSION WITH STAFF SO THEY HAVEN'T GONE ON TO THE CITY COUNCIL AS OF YET. THEY ACTUALLY CONTINUED THEIR APPLICATION TO A DATE CERTAIN IN MARCH AND SO WE'VE BEEN WORKING WITH THAT APPLICANT ON SOME POTENTIAL DISCUSSION AND POLICYMAKING RELATED TO THEIR APPLICATION AND IF IF THEY AMEND THEIR APPLICATION I WOULD ACTUALLY ANTICIPATE THAT THAT WOULD HAVE TO COME BACK THROUGH THE PLANNING COMMISSION IF IT IS SUBSTANTIALLY AMENDED TO REHEAR THAT ITEM IF IT'S SUBSTANTIALLY CHANGED. SO THAT MIGHT BE COMING BACK TO YOU WITH THE APPLICATION HAS NOT BEEN RESOLVED AT THIS TIME. YEAH. >> ANYTHING ELSE? CHAIR IF I MIGHT MAKE ONE I FORGIVE ME FOR ONE LAST UPDATE HERE IS DOES THE CITY COUNCIL DID APPROVE THE PLANNING COMMISSION WORK PLAN HOPEFULLY YOU SAW THAT IN YOUR EMAIL INBOX WITH THE APPROVED VERSIONS OF THAT BUT THEY DID TAKE ACTION ON THAT AT THEIR JANUARY 5TH MEETING AND YES, VICE CHAIR CUNNINGHAM DID DID A GOOD PINCH HITTING JOB IF SEEING NO FURTHER COMMENTS THAT CONCLUDES THIS JANUARY 15TH MEETING OF THE BLOOMINGTON PLANNING COMMISSION. GOOD NIGHT