Based on the context of the Bloomington Planning Commission and the names mentioned in the dialogue, here is the formatted transcript. *Note: While you provided a list of the City Council, this meeting features the **Planning Commission**, which is a separate body of volunteer residents. The speakers identified include Chair Jeroen Mullier, various Commissioners, and City Planning staff.* *** **[00:00] Chair Jeroen Mullier:** GOOD EVENING AND WELCOME TO THE MAY 11TH MEETING OF THE BLOOMINGTON PLANNING COMMISSION. THE PLANNING COMMISSION MADE UP OF SEVEN VOLUNTEER BLOOMINGTON RESIDENTS APPOINTED BY THE CITY COUNCIL TONIGHT. WE HAVE FIVE WHICH IS A QUORUM. THE COMMISSION ADVISES THE CITY COUNCIL ON PROPOSALS DEVELOPMENT STANDARDS LONG RANGE PLANNING AND TRANSPORTATION ISSUES. OUR WORK IS INFORMED BY THE CITY'S COMPREHENSIVE PLAN, VARIOUS DISTRICT PLANS AND THE CITY CODE FOR SOME ITEMS THE COMMISSION MAKES A RECOMMENDATION WITH THE COUNCIL HAVING THE FINAL DECISION MAKING AUTHORITY WHICH IS THE CASE IN OUR FIRST ITEM. IN OTHER CASES THE PLANNING COMMISSION CAN OR DENY AN APPLICATION SUBJECT TO AN APPEAL TO THE CITY COUNCIL. FOR EACH ACTION ITEM THERE WILL BE A STAFF REPORT AN OPPORTUNITY FOR THE APPLICANT PRESENT AND THEN TIME FOR ANY MEMBER OF THE PUBLIC TO PROVIDE TESTIMONY. OUR FIRST ORDER OF BUSINESS TONIGHT IS THE PLEDGE OF ALLEGIANCE. PLEASE STAND AS YOU ARE ABLE I PLEDGE ALLEGIANCE TO THE FLAG STATES OF AMERICA AND TO THE REPUBLIC WHICH STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY, JUSTICE FOR ALL . ALL RIGHT. I WOULD ASK THE PLANNING MANAGER TO SHARE INFORMATION, REMOTE TESTIMONY. **[00:02] Nick Johnson (Planning Manager):** YES, CHAIRMAN COMMISSIONERS, WE DO HAVE ONE PUBLIC HEARING ITEM TONIGHT AND IF YOU'RE WATCHING AT HOME THIS EVENING AND WOULD LIKE TO TESTIFY, YOU CAN DO SO REMOTELY. WHAT YOU WOULD DO IS CALL THE NUMBER ON THE SCREEN AND ENTER IN THE ACCESS CODE AND THEN WE'LL HAVE THE NUMBER ON THE SCREEN THROUGHOUT THAT PUBLIC HEARING. I DO THANK YOU. **[00:03] Chair Jeroen Mullier:** SO WE HAVE ONE PUBLIC HEARING AND ONE STUDY ITEM. THE FIRST ITEM IS A INITIATED CITY CODE TEXT AMENDMENT AND I BELIEVE PLANNER CENTENARIO HAS THE PRESENTATION. **[00:04] Planner Centenario:** THANK YOU JEROEN. THE ONE PUBLIC HEARING WE HAVE TONIGHT LEADS TO, LIKE I SAID, A PRIVATELY INITIATED CITY CODE AMENDMENT AND THAT CODE AMENDMENT IS TO ALLOW K-THROUGH-12 SCHOOLS AS A CONDITIONAL USE WITHIN I-2 LIMITED INDUSTRY ZONING DISTRICTS. I WANT TO START OUT BY WHAT THE CITY CODE IDENTIFIES AS THE THE INTENT OF THE DATA LIMITED INDUSTRY ZONING DISTRICT. I DO THINK IS RELEVANT FOR THIS APPLICATION IN THAT YOU KNOW JUST TO SUMMARIZE IT'S FOR INDUSTRIAL LARGE SCALE INDUSTRIAL DEVELOPMENT AND THAT COULD INCLUDE AND DEVELOPMENT TECH BIOTECH DISTRIBUTION MANUFACTURE SHORING AND THEN SUPPORTING SERVICES LIKE OFFICE AND BUSINESS SERVICES ARE ALSO PERMITTED. SO THE INTENT IN THE CODE IS REALLY FOCUSED TOWARDS TRADITIONAL MANUFACTURING BUT THEN ALSO HIGH TECH. AND THEN FOR SCHOOL, YOU KNOW, WE DO DEFINE IT IN THE CITY CODE BUT IT'S PRETTY STRAIGHTFORWARD WRITING INSTRUCTION SERVICES TO ELEMENTARY STUDENTS AND LEARNING PROGRAMS AND—WE'RE FROZEN. LOVELY. OKAY, THANK YOU. ALL RIGHT. SO THIS ON THE SCREEN IS THE USE TABLE AND THE IMPACT AND SPENDING IS PRETTY SIGNIFICANT. THE ACTUAL TECHNICAL CHANGE THE CITY CODE IS VERY SMALL AND THE WAY OUR ZONING CODE IS STRUCTURED IS WE HAVE USE TABLES, WE HAVE A NUMBER OF PERFORMANCE STANDARDS BUT THEN IN TERMS OF THE LAND USES THOSE ARE IDENTIFIED AND USE TABLES. YOU CAN SEE THE USE IS ON THE LEFT AND THEN THE RELEVANT ZONING DISTRICTS ARE COLUMNS. WHEN WE GET QUESTIONS ON VARIOUS USES AND "CAN I DO THIS AT MY PROPERTY," WE GO TO THE CODE, WE LOOK UP THAT ZONING DISTRICT AND THEN CAN GO THROUGH DIFFERENT USES POTENTIAL USES WITH A REAL ESTATE PERSON OR SOMEONE WHO'S CALLING TO TRY AND START A BUSINESS. AND SO I JUST HAVE HIGHLIGHTED THE I-2 ZONING DISTRICT AND THEN SCHOOLS. YOU CAN CLEARLY SEE THERE THE APPLICANT INCLUDED A "C" FOR CONDITIONAL USE IN THE SCHOOL AND SCHOOLS ARE CURRENTLY NOT PERMITTED AT ALL IN ANY OF THE ZONING DISTRICTS SO THAT'S WHY YOU SEE SCHOOLS BUT THEN YOU SEE SIX BLANKS FOR THE SIX INDUSTRIAL BASED ZONING DISTRICTS. THIS MAP IDENTIFIES WHERE THE I-2 ZONING DISTRICTS ARE WITHIN THE CITY OF BLOOMINGTON. THE VAST MAJORITY OF PARCELS ARE PRETTY MUCH WHERE WE'RE NOW, YOU KNOW, INCLUDING CITY HALL WHICH IS AN I-2 ZONED SITE BUT NORTH OF HERE IS OUR CENTRAL INDUSTRIAL REGION WITHIN THE CITY. THERE'S A FEW PROPERTIES ALONG THE FOUR CORRIDOR IF YOU CAN SEE IN THE UPPER AND NORTHWEST PORTION. BUT AGAIN, THE VAST MAJORITY OF THE I-2 ZONED PROPERTIES ARE REALLY AROUND WHERE WE ARE TODAY. IN SOME WAYS, STAFF IS NOT SUPPORTIVE OF THE CITY CODE AMENDMENT TO ALLOW SCHOOLS IN THE I-2 ZONING DISTRICT AND I'LL GO THROUGH A FEW SLIDES ON WHY THAT'S OUR RECOMMENDATION. FIRST OFF WE WANNA START WITH THE COMPREHENSIVE PLAN. THAT'S AN OVERARCHING POLICY DOCUMENT THAT HELPS MAKE LAND USE DECISIONS. INDUSTRIAL DEVELOPMENT AND INDUSTRIAL REDEVELOPMENT IS ADDRESSED WITHIN THE COMPREHENSIVE PLAN TO THE DEGREE THAT STAFF ANTICIPATES THAT THERE WILL CONTINUE TO BE PRESSURE TO REDEVELOP OR CHANGE INDUSTRIAL SITES TO NON-INDUSTRIAL USES. WE WENT A STEP FURTHER TO IDENTIFY WE FEEL THAT MIGHT BE MORE APPROPRIATE TO HAVE NON-INDUSTRIAL REDEVELOPMENT CALLED THOSE "TRANSITIONAL AREAS" AND THOSE ARE IN BLUE ON THE MAP. AREAS WHERE WE FEEL IT'S REALLY IMPORTANT TO MAINTAIN INDUSTRIAL USES AND INDUSTRIAL ZONING ARE IN RED. YOU CAN SEE IN THE SOUTHWEST CORNER THE VAST MAJORITY OF THAT AREA IS THIS PROTECTED INDUSTRIAL. THE COMPREHENSIVE PLAN POLICY ESTABLISHED IS TO MAINTAIN INDUSTRIAL USES ON THIS PROPERTY. SO, WE FEEL THAT THIS APPLICATION IS INCONSISTENT WITH THE GUIDANCE IN THE COMPREHENSIVE PLAN. THIS IS THE AERIAL IMAGE OF THE PROPERTY ALONG WEST 94TH STREET. THE PLAN IDENTIFIES SOME CHARACTERISTICS WHERE INDUSTRIAL USES WOULD BE CONTINUED TO BE VIABLE AND ONE IS RAIL ACCESS AND CERTAINLY FREEWAY ACCESS. THE SITE HAS GREAT RAIL ACCESS—A RAIL SPUR OPERATES OUT OF THIS PROPERTY—AND IT IS ALSO VERY CLOSE TO THE 35W INTERCHANGE. FROM AN ACCESS STANDPOINT THIS IS A GREAT SITE FOR INDUSTRIAL USES. YOU CAN SEE JUST IN THE AERIAL IMAGE FROM 2022 THERE'S QUITE A BIT OF OUTDOOR STORAGE OF INDUSTRIAL NATURE. THE APPLICANT INCLUDED A SMALL DIAGRAM OF THE PROPOSED SCHOOL. ESSENTIALLY THE AREA ALONG WEST 94TH STREET WOULD BECOME THE SCHOOL PORTION OF THE SITE WITH OTHER INDUSTRIAL USES WITHIN THE PROPERTY. GOING BACK TO THE USE, THE USE INCLUDES PERFORMANCE STANDARDS THAT ARE ALSO PART OF THE CITY CODE. THESE ARE THE STANDARDS THAT WOULD APPLY TO K THROUGH 12 SCHOOLS. FRANKLY, THE PERFORMANCE STANDARDS FOR AN INDUSTRIAL SITE WE THINK ARE INADEQUATE. THERE IS NO ADJUSTMENT OR CONSIDERATION FOR ADJACENT INDUSTRIAL USES, THE POTENTIAL FOR A LOT OF COMMERCIAL TRAFFIC, AND HOW THAT SCHOOL IS NOT COMPATIBLE WITH EXISTING FUTURE INDUSTRIAL USES PLUS HAZARDOUS MATERIALS. A LOT OF MANUFACTURING PROCESSES INCLUDE HAZARDOUS MATERIALS THAT COULD BE EXTREMELY PROBLEMATIC IN THE CASE OF AN EMERGENCY. SO IN SUMMARY, CITY STAFF IS RECOMMENDING CITY COUNCIL DENY THE CODE AMENDMENT. THE COMPREHENSIVE PLAN IS EXPLICIT IN THAT THE CITY SHOULD BE PROTECTING THE CONTINUATION OF INDUSTRIAL USES. ANOTHER THING THAT I THINK IS RELEVANT IS THAT CITY STAFF AND THE PLANNING COMMISSION WENT THROUGH A VERY EXTENSIVE PROCESS IN STUDYING INDUSTRIAL DEVELOPMENT IN THE CITY AS WELL AS OVERHAULING THE INDUSTRIAL SECTIONS OF THE CODE. THE ISSUE OF SCHOOLS WAS A COMPONENT OF THAT DISCUSSION. ULTIMATELY THE CITY COUNCIL DECIDED THAT IT SHOULD NOT BE. SO UNLESS WE'RE DIRECTED OTHERWISE WE FEEL THAT THIS POLICY QUESTION HAS BEEN SETTLED. I JUST MENTIONED A MOMENT AGO ABOUT THE POTENTIAL INCOMPATIBILITY. ZONING IS ABOUT HEALTH, SAFETY, AND WELLNESS AND THERE WOULD BE A LOT OF CONCERNS FOR A SCHOOL IN AN INDUSTRIAL SITE. AND WITH THAT HERE'S THE RECOMMENDED MOTION BEFORE YOU. THANK YOU VERY MUCH. **[00:15] Chair Jeroen Mullier:** QUESTIONS FOR STAFF? ONE QUESTION I WOULD HAVE—AND I'M SORRY I SHOULD HAVE THOUGHT TO ASK THIS AHEAD OF TIME SO MAYBE YOU WOULDN'T HAVE DATA FOR ME—THE INFORMATION WE WERE PROVIDED TALKED ABOUT OTHER USES THAT THE APPLICANT FOUND TO BE COMPATIBLE, LIKE A COLLEGE OR UNIVERSITY. HOW MANY COLLEGES AND UNIVERSITIES DO WE HAVE IN I-2 RIGHT NOW TO THE BEST OF OUR KNOWLEDGE? **[00:16] Planner Centenario:** TO THE CHAIR, I'M NOT AWARE OF ANY. **[00:16] Chair Jeroen Mullier:** AND THEN INSTRUCTIONAL CENTERS—ARE THOSE TYPICALLY FREESTANDING OR THOSE MORE AFFILIATED WITH ANOTHER BUSINESS IN THAT LOCATION? **[00:17] Planner Centenario:** GREAT QUESTION. SO INSTRUCTIONAL CENTER IS KIND A TRICKY USE IN THAT THE INTENT OF AN INSTRUCTIONAL CENTER IS NOT FOR K-THROUGH-12 EDUCATION. IT'S MORE OF A TECHNICAL FOCUS. AN INSTRUCTIONAL CENTER THAT WAS APPROVED BY THE CITY WITHIN THE LAST FEW YEARS WAS TO TEACH AUTO MOTOR VEHICLE TECHNICIANS TO FIX CARS. IT'S MUCH MORE OF A VOCATIONAL TECHNICAL TYPE OF USE. **[00:18] Commissioner Goltzman:** THANKS CHAIR. MY QUESTION IS RELATED TO SHARON'S. I ALSO SAW THAT DAYCARES WERE AN ACCESSORY TO A BUSINESS. CAN YOU TALK A LITTLE BIT MORE ABOUT THAT USE AND IF WE HAVE ANY OF THOSE IN I-2? **[00:18] Planner Centenario:** I'M NOT AWARE OF ANY DAYCARES IN I-2. I THINK THE INTENT WAS IF YOU HAVE A LARGE FACILITY THAT YOU COULD ACCOMMODATE DAYCARE ONSITE FOR PARENTS WITH YOUNG CHILDREN TO BE ABLE TO DROP THEM OFF AND GO TO WORK, BUT I CAN'T THINK OF ANY DAYCARES THAT ARE IN THE I-2 DISTRICT TODAY. **[00:19] Commissioner Albrecht:** THANK YOU CHAIR. TO FOLLOW ON COMMISSIONER GOLTZMAN'S QUESTION ABOUT THE DAYCARE, I ASSUME IT'S A CONDITIONAL USE AND THE CONDITION WOULD BE THAT IT WOULD HAVE TO BE TIED TO A BUSINESS? IT COULDN'T BE A FREESTANDING STANDALONE? **[00:19] Planner Centenario:** YEAH, THE DAYCARE ALLOWANCE IS CONDITIONAL ACCESSORY. THERE'S A PRETTY SIGNIFICANT DIFFERENCE BETWEEN A CONDITIONAL USE AND A CONDITIONAL ACCESSORY. IT HAS TO BE ACCESSORY TO SOMETHING AND THAT WOULD BE A LARGER SCALE BUSINESS. SO THERE WOULD BE A BUILT-IN LIMITATION ON THE AMOUNT OF FLOOR AREA THAT A DAYCARE COULD OCCUPY RELATIVE TO AN ENTIRE SITE. IT WOULD STILL REQUIRE A CONDITIONAL USE PERMIT SO WE'D HAVE THE ABILITY TO REVIEW IT. **[00:20] Commissioner Abdi:** THANK YOU CHAIR. THIS IS NOT FORMULATED, I'M STILL THINKING THROUGH IT. I WAS READING THE STAFF REPORT AND I THINK THERE IS SOME PORTION THAT SAID THE AREA IS OBVIOUSLY PROTECTED INDUSTRIAL. HOW DO YOU PROTECT SOMETHING AND NOT... WE DO ALLOW APPLICATIONS TO COME THROUGH. I KNOW YOU SAID IF THERE ARE MARKET-DRIVEN USES THE CITY WOULD BE OPEN TO CHANGING THE PROTECTED CLASS, BUT HAS NOTHING TO DO WITH THIS APPLICATION. I'M THINKING OUT LOUD IN TERMS OF LIKE HOW DO WE PROTECT SOMETHING THAT IS SO LIMITED IN THE CITY BUT ALSO ALLOWING APPLICATIONS TO COME THROUGH? I CONCUR WITH A LOT OF THE ANALYSIS THAT STAFF HAS PUT OUT IN THE APPLICATION AND I'M VERY SYMPATHETIC TO THE APPLICANT BUT THE SITE ITSELF IS VERY LIMITED IN THE CITY. **[00:21] Planner Centenario:** I COULD PROVIDE A COUPLE THOUGHTS. THE COMPREHENSIVE PLAN GUIDANCE REALLY HELPS STAFF ANALYZE AN APPLICATION. PROPERTY OWNERS HAVE THE RIGHT TO APPLY FOR A WHOLE VARIETY OF THINGS WE MAY OR MAY NOT BE SUPPORTIVE OF. THE COMP PLAN HELPS US MAKE A DECISION ON WHAT OUR RECOMMENDATION IS GOING TO BE. IT'S PRETTY CLEAR THAT THE COMP PLAN'S POLICY GUIDANCE IS TO PROTECT INDUSTRIAL SITES THAT ARE STILL VIABLE. THAT HELPED US COME TO THE CONCLUSION THAT STAFF IS NOT GOING TO RECOMMEND APPROVAL. **[00:22] Chair Jeroen Mullier:** WOULD THE APPLICANT LIKE TO SPEAK ON THIS ITEM? PLEASE COME TO THE MICROPHONE AND INTRODUCE YOURSELF. **[00:23] Howard Roston (Attorney for Applicant):** THANK YOU VERY MUCH MEMBERS OF THE PLANNING COMMISSION, CITY STAFF. MY NAME IS HOWARD ROSTON. I AM ONE OF THE ATTORNEYS FOR THE APPLICANT. I'M GOING ADDRESS TWO ISSUES HERE. ONE, PICKING UP ON THE QUESTION ABOUT WHETHER OR NOT THIS IS MARKET-DRIVEN. THE ANSWER IS OF COURSE IT'S MARKET-DRIVEN. I MEAN THAT'S WHY MY CLIENT IS HERE. THIS IS A BUILDING SEGMENT THAT IS STRUGGLING. A LOT OF THESE REGULATIONS WERE ADOPTED PRE-COVID AND TIMES HAVE CHANGED. THE QUESTION FOR US IS HOW DO WE ADDRESS IT? WE LOOKED AT ALTERNATIVE USES THAT WE THOUGHT WOULD BE BENEFICIAL TO THE CITY AS A WHOLE. BELIEVE ME, IF THE CLIENT COULD LEASE THE SPACE OUT TO SOMETHING THAT FITS SQUARELY IN YOUR ZONING CODE, THEY WOULD DO IT IN A HEARTBEAT. THE CHOICE HERE IS DOES THE CITY WANT TO ADAPT TO RECOGNIZE MARKET CONDITIONS? BUT I DO WANT TO ADDRESS THE ACTUAL USES THAT ARE PERMITTED OR AT LEAST CONDITIONALLY PERMITTED IN THIS DISTRICT BECAUSE WE DON'T SEE ANY MATERIAL DIFFERENCE BETWEEN WHAT THE CITY ALREADY DOES PERMIT. IF THE CONCERN IS SEPARATION AND SAFETY OF CITIZENS RELATIVE TO INDUSTRIAL USES, THAT'S NOT CURRENTLY WHAT'S BEING ACCOMMODATED UNDER THE EXISTING CITY CODE. DAYCARE IS ALLOWED UNDER THIS ZONING CODE. A COLLEGE OR UNIVERSITY IS A CONDITIONAL USE HERE. IT'S A LITTLE BIT INTERESTING TO ME THAT VERY YOUNG KIDS ARE ALLOWED, COLLEGE-AGE KIDS ARE ALLOWED, AND THEN THERE'S THIS HOLE IN THE MIDDLE THAT DOESN'T SEEM TO HAVE ANY RATIONAL BASIS. WE THINK THIS PROPOSED AMENDMENT ACTUALLY FITS SQUARELY AND NEATLY WITHIN WHAT'S ALREADY PERMITTED. I DON'T THINK IT'S IN ANYBODY'S INTEREST TO HAVE A SIGNIFICANTLY VACANT PROPERTY. **[00:26] Commissioner Abdi:** I DON'T KNOW IF YOU KNOW OR IF THE LADY IS FROM THE BUSINESS OR THE PROPERTY OWNER. DO YOU KNOW WHAT TYPES OF USES ARE CURRENTLY ON THE SITE? **[00:26] Howard Roston:** I CAN ASK MS. SNYDER TO ANSWER THAT QUESTION DIRECTLY. **[00:26] Pam Snyder (Real Estate Broker):** YES, I'M PAM SNYDER AND I REPRESENT THE OWNER OF THE BUILDING, MR. HOYT, AS HIS ASSET AND REAL ESTATE BROKER FOR THE PROPERTY. I SEE THIS PROPERTY AS REALLY ALMOST TWO SEPARATE BUILDINGS BECAUSE THE ENTIRE FRONT OF THE PROPERTY IS OFFICE STYLE AND DOES NOT HAVE CLEAR HEIGHT NOR LOADING DOCKS FOR WAREHOUSE INDUSTRIAL TYPE USE. THE BACK SIDE OF THE BUILDING DOES HAVE INDUSTRIAL TYPE TENANTS AS YOU KNOW—PROGRESSIVE MCARTHUR AND LLC—WHICH ARE MORE FOR STORAGE FACILITIES, NOT MANUFACTURERS. IN THIS FRONT OFFICE SPACE ABOUT A YEAR AGO WE DID GET A CONDITIONAL USE PERMIT FOR RICHFIELD GYMNASTICS. THAT WAS A GREAT FIT. THE FRONT ENTRANCE HAS ITS OWN PARKING LOT SO THEY DON'T CO-MINGLE PARKING WITH ANY OF THE BACK SIDE INDUSTRIAL. SO WHEN THE SCI-TECH LEARNING ACADEMY LOOKED AT THIS SPACE, THEY JUST CHECKED ALL THE BOXES. **[00:28] Commissioner Abdi:** AS A PROPERTY OWNER, IF A TENANT CHANGES AND ONE OF YOUR INDUSTRIAL USES MOVES OUT AND YOU HAVE ANOTHER INDUSTRIAL GOES INTO THE SITE, HOW DO YOU DECIDE IF THE NEW USE IS COMPATIBLE WITH AN EXISTING SCHOOL? **[00:29] Pam Snyder:** I THINK YES A SCHOOL SHOULD BE ALLOWED. IF WE BROUGHT ANOTHER INDUSTRIAL TENANT IN TO THE BACK AREA IT WOULD BE LIGHT INDUSTRIAL—STORAGE, DISTRIBUTION, TECHNOLOGY, CYBERSECURITY. **[00:29] Commissioner Abdi:** WOULD THIS BE CONSIDERED LIKE A TYPICAL HIGH SCHOOL? WOULD THE TENANT GOING IN AS A SCHOOL HAVE THE CAPACITY TO PROVIDE THE OUTDOOR AND NECESSARY SCHOOL ACCESSORY SPACES? **[00:30] Pam Snyder:** YES, I BELIEVE THEIR LAYOUT WOULD BUILD SOME ADDITIONAL CLASSROOMS. **[00:30] Chair Jeroen Mullier:** I WANT TO ACKNOWLEDGE THE CONTEXT IS VERY HELPFUL BUT I ALSO WANT TO ACKNOWLEDGE THAT IF THIS CODE WAS ALLOWED TO CHANGE, THIS PROJECT WOULD HAVE TO COME BACK FOR US TO WORK THROUGH. I DON'T WANT US TO SPEND TOO MUCH TIME IN THE DETAILS OF A SPECIFIC PROJECT. **[00:31] Howard Roston:** I RESPECT THE PLANNERS' CONCERN. WE'RE NOT ASKING TO HAVE THE PLANNING COMMISSION RECOMMEND TO THE CITY COUNCIL THAT THIS IS PERMITTED AND WE OPEN UP THE DOORS A WEEK FROM NOW. WE UNDERSTAND THAT THERE'S ALL THE TYPICAL CONCERNS THAT COME ALONG WITH A CONDITIONAL USE PERMIT. **[00:32] Chair Jeroen Mullier:** THIS ITEM IS A PUBLIC HEARING. IS THERE ANYONE ONLINE WHO WISHES TO TESTIFY ON THIS ITEM? **[00:32] Nick Johnson:** JEROME, WE HAVE NO ONE ONLINE. **[00:32] Chair Jeroen Mullier:** I'M SEEING NOBODY IN THE CHAMBERS. THE PUBLIC HEARING IS OPEN. SEEING NOBODY, CAN I ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING? **[00:33] Commissioner Cookson:** SO MOVED. **[00:33] Commissioner Albrecht:** SECOND. **[00:33] Chair Jeroen Mullier:** THERE'S A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING. ALL THOSE IN FAVOR SAY AYE. (AYES). OPPOSED? THE PUBLIC HEARING IS CLOSED. DISCUSSION ON THE PROPOSED TEXT AMENDMENT. **[00:34] Commissioner Cookson:** THANK YOU MR. CHAIR. LIKE TO START WITH JUST A COUPLE OF QUESTIONS FOR STAFF. ARE THERE OTHER ZONES THAT ALLOW THIS TYPE OF USAGE? **[00:34] Planner Centenario:** YEAH, THERE'S PLENTY OF SCHOOLS IN THE CITY OF BLOOMINGTON. I DID PUT TOGETHER A QUICK SLIDE. AT THE TOP IS COMMERCIAL DISTRICTS AND YOU CAN SEE THAT THERE ARE A FEW DISTRICTS WHERE SCHOOLS ARE PROHIBITED, BUT THEN THERE'S THE C DISTRICTS WHERE THEY ARE LIMITED CONDITIONAL USES. MOST OF THE SCHOOLS IN BLOOMINGTON ARE LOCATED IN THE R-1 SINGLE FAMILY ZONING DISTRICT. **[00:35] Commissioner Cookson:** WHAT IS THE RELEVANCE OF 2000 WEST 94TH STREET IN THIS APPLICATION? MY UNDERSTANDING IS THAT IT IS IRRELEVANT; THIS IS A TEXT AMENDMENT TO THE CODE. IS THAT A FAIR STATEMENT? **[00:36] Chair Jeroen Mullier:** YEAH. WE INCLUDED THE INFORMATION PROVIDED BY THE APPLICANT. CONTEXT IS HELPFUL BECAUSE IT GIVES US A WINDOW INTO THE SORTS OF SITES THAT THE CITY WOULD BE EXPECTED TO REVIEW. BUT TO YOUR POINT, THAT SPECIFIC SITE IS NOT WHAT WE'RE ASKING YOU TO TAKE ACTION ON. WE'RE ASKING YOU TO TAKE ACTION ON THE CODE AMENDMENT FOR THE I-2 DISTRICT. **[00:37] Commissioner Goltzman:** THANKS, MR. CHAIR. I THINK THE CONTEXT HAS BEEN VERY HELPFUL. I'VE ACTUALLY WORKED THE SITE IN THE OFFICE AREA FOR FIVE YEARS SO I KNOW THIS PROPERTY WELL. I LOOKED AT THIS APPLICATION AND COMPARED IT TO THE LIST OF CURRENTLY CONDITIONALLY ALLOWED USES. THE BIG STICKING POINT THAT I HAVE IS THAT ALL OF THE OTHER USES THAT ARE PERMITTED ARE WITH PARENTS THAT ARE ON SITE FOR LONG PERIODS OF TIME. A DAYCARE FOR EXAMPLE, THE PARENT WOULD BE ONSITE AT WORK. THINKING ABOUT THE GYMNASTICS CLUB, THE CHILDREN AREN'T THERE WITHOUT THEIR PARENTS TYPICALLY HANGING OUT. THE BIG STICKING POINT FOR ME REALLY IS ABOUT CHILDREN BEING ON SITE FOR LONG PERIODS OF TIME WITHOUT THE PARENTS. IT DRAWS CONCERNS FROM HEALTH AND SAFETY. I JUST DON'T SEE THIS USE BEING COMPATIBLE WITH AN INDUSTRIAL LOCATION THAT WILL HAVE LARGE REAL TRUCKS HAULING PRODUCT. I CANNOT SUPPORT THIS APPLICATION AS WRITTEN TODAY. **[00:39] Commissioner Abdi:** I FEEL LIKE I AM WITH THE CITY'S ANALYSIS ON THIS HERE. IF THIS TEXT CHANGE IS ALLOWED WITH THE LIMITED I-2 DISTRICTS WE HAVE, WE WOULD LIKELY SEE MORE TENANTS GOING INTO THESE SPACES. I'M LOOKING TOWARD THE RAMIFICATION OF THAT. HOW DO WE PROTECT A USE THAT THE COMPREHENSIVE PLAN SEES AS A VALUABLE USE TO HAVE? WHILE I'M VERY SYMPATHETIC TO THE PROPERTY OWNER, I FEEL I'M LOOKING BEYOND. I CONCUR WITH ALL THE ANALYSIS YOU'VE DONE. **[00:40] Commissioner Albrecht:** THANK YOU CHAIR. I WANT TO ECHO COMMISSIONER GOLTZMAN AND COMMISSIONER ABDI REGARDING SAFETY. I HAD SOME SIMILAR THOUGHTS ABOUT CHILDREN EXITING AND ENTERING THERE. MY MAIN CONSIDERATION IS THAT ALTHOUGH A SCHOOL MIGHT WANT TO GO IN ON THIS SITE TEMPORARILY, IT'S NOT AVAILABLE FOR ANOTHER USE GIVEN A SHIFT IN THE MARKET IN THE NEXT TEN YEARS. WE ARE CHARGED WITH LONG TERM PLANNING. I DON'T THINK THAT I SUPPORT THIS CHANGE. **[00:41] Commissioner Acton:** MR. CHAIR, THANKS. I THINK THE COMPREHENSIVE PLAN TASKS US WITH FINDING THE RIGHT PROJECTS IN THE PLACES. ARE WE TO ALLOW SCHOOLS IN I-2 ZONING? I LOOK AT THIS AS MORE OF A BROAD SENSE. I DO THINK THAT K-12 IS A UNIQUE DEMOGRAPHIC. I THINK OF IT AS WHO'S TAKING RESPONSIBILITY FOR THAT INDIVIDUAL. IN DAYCARE SOMEONE ELSE IS TAKING CARE OF YOU. IN COLLEGE YOU CAN TAKE CARE OF YOURSELF. BUT THAT K-12 RANGE, YOU'RE MAYBE NOT QUITE ABLE TO DO THAT. IF THERE'S A CHEMICAL SPILL AND I'M IN FOURTH GRADE, I DON'T KNOW BETTER TO DO THE RIGHT THING. I THINK ON THE WHOLE THERE'S TOO MUCH RISK. IT'S UNFORTUNATE BECAUSE A STEM SCHOOL DOES EXCITE ME, BUT WE HAVE OTHER PLACES IN THE CITY OF BLOOMINGTON WHERE THAT SCHOOL IS APPROPRIATE AND THIS ISN'T ONE OF THEM. **[00:44] Commissioner McGovern:** I STAND BEHIND ALL THE COMMISSIONERS UP HERE AS WELL. THE AREA AND THE INDUSTRIAL USE HAVE POTENTIAL RISKS. HOW CAN THE CHILDREN GO OUT AND ENJOY PLAYGROUND TIME WHEN THEY'RE SURROUNDED BY NOISE, INDUSTRIAL MACHINERY, AND HAZARDOUS MATERIALS? I DON'T THINK THE LOCATION IS RIGHT. **[00:45] Chair Jeroen Mullier:** WHEN WE WORKED ON THE COMPREHENSIVE PLAN WE TALKED SPECIFICALLY ABOUT INDUSTRIAL. WE FELT ABOUT—AND THAT'S WHY THIS PROTECTED INDUSTRIAL SHOWS UP IN THE PLAN—AND I FOUND IT INTERESTING. I'M NOT LOOKING TO ADD MORE THINGS THAT ARE NOT INDUSTRIAL IN NATURE OR VERY CLOSELY AFFILIATED WITH INDUSTRIAL. COMMISSIONER GOLTZMAN, IF YOU'D LIKE TO MAKE A MOTION? **[00:46] Commissioner Goltzman:** I MOVE TO RECOMMEND THE CITY COUNCIL ADOPT A RESOLUTION DENYING THE PRIVATELY INITIATED CITY CODE TEXT AMENDMENT TO ALLOW K THROUGH 12 SCHOOLS AS A CONDITIONAL USE IN THE I-2 LIMITED INDUSTRY ZONING DISTRICT. **[00:46] Chair Jeroen Mullier:** COMMISSIONERS. YES MY APOLOGIES THE CASE NUMBER AND THE RECOMMENDATION IS INCORRECT. LET ME FIX THAT. **[00:47] Commissioner Goltzman:** THANK YOU CHAIR. IN CASE 2023-47 I MOVED TO RECOMMEND THE CITY COUNCIL ADOPT A RESOLUTION DENYING THE PRIVATELY INITIATED CITY CODE TEXT AMENDMENT TO ALLOW K-12 SCHOOLS AS A CONDITIONAL USE IN THE I-2 LIMITED INDUSTRY ZONING DISTRICT. **[00:47] Commissioner Cookson:** SECOND. **[00:47] Chair Jeroen Mullier:** WE HAVE A MOTION AND A SECOND TO RECOMMEND THE CITY COUNCIL ADOPT A RESOLUTION OF DENIAL. ALL THOSE IN FAVOR OF THE MOTION SAY AYE. (AYES). OPPOSED? THE MOTION PASSES. THIS IS AN ITEM THAT CITY COUNCIL HAS FINAL DECISION MAKING ON SO THIS WILL APPEAR AS A PUBLIC HEARING ON THE JUNE 5TH CITY COUNCIL AGENDA. THANK YOU. THE SECOND ITEM IS OUR REGULAR POLICY AND ISSUE UPDATE. **[00:48] Nick Johnson:** CHAIR MULLIER, COMMISSIONERS, OUR NEXT MEETING WILL BE IN TWO WEEKS ON MAY 25TH. WE HAVE JUST ONE ITEM ON THAT AGENDA AND THAT ONE IS A CITY INITIATED CODE AMENDMENT THAT WOULD ESTABLISH EXCEPTIONS TO THE OPERATING HOURS OF MOBILE FOOD UNITS ALSO KNOWN AS FOOD TRUCKS. THEN LOOKING AFTER JUNE 8TH, WE HAVE THREE ITEMS ON THAT AGENDA: A CONDITIONAL USE PERMIT FOR OUTDOOR SEATING AT INNINGS RESTAURANT, A CONDITIONAL USE PERMIT FOR AN ART STUDIO AT 7700 WEST OLD SHAKOPEE ROAD, AND FINALLY AN ANNUAL HOUSING REPORT. **[00:49] Chair Jeroen Mullier:** ARE THERE ANY ITEMS THAT MEMBERS OF THE COMMISSION WOULD LIKE TO BRING FORWARD? NO. WELL THEN SEEING THAT WE ARE ADJOURNED UNTIL MAY 25TH.