". >> 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. 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 Thene Ll Have Number On The Screen. Throughout That Public Hearing I Do Thank You. 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. 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 I To Allow K-Through-12 Schools As A Conditional Use Within I To A Limited Industry Zoning District. 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 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. Business Services Are Also Permitted So That 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. Uh, All Right. So This On The Screen Is The Use Table And It You Know The The Impact And Spending Is Pretty Significant The Actual Technical Change The City Code Is Ver Small And S The Wayur 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 And And You Can See The Use Is On The Left And Then The The Relevant Zoning Districts Are Columns And So When We Get Questions On Various Uses And Can I Do This At My Property You Know What Uses Are Permitted In This Particular Zoning District We Go To The Code We We Look Up That Zoning District And Then Can Go Tough Different Uses Potential Uses With You Know, A Real Estate Person Or Someone Who'S Calling To Try And Start A Business. And So I Just Have Highlighted The Eye To Zoning District And Then Schools I Can That Clearly There The Applicant That 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 Items 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 Eye To Zoned Site But North Of Here Kind Like Our Our Central Industrial Region Within, The City There'S A Few Properties Along The Four In Any Four Corridor If You Can See In The Upper And Northwest Portion The Site Handful Of Properties But Again T Vast Majory The I To Zoned Properties Are Really Around Where We Are Today In Some Way Safe Is Not Supportive Of The City Code Amendment To Allow Schools In The I2 Zoning District And I'Ll Go Through 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 And Industrial Devepment And Indtrial Redevelopment Is Addressed In Some Within The Comprehensive Plan And To The Degree That Staff Anticipates And The City Anticipates That There Will Continue To Be Pressure To Redevelop Or Change Industrial Sites To Non-Industrial Uses And We See Some Of That In The City Within Within Limitations But We Went A Step Further And 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 And Then Areas Where We Feel It'S Really Important Maintain Industrial Uses And Industrial Zoning And That'S The Read So You Can See In The Southwest Corner The Vast Majority Of That Area Is This Protected Industrial And. Then In The Central Zoning Area There'S Quite A Bit Of Protected Industrial And Then Some Sites Within Like The Lyndale Avenue Industrial Corridor There Are Some Protected Industrial Properties And Here Is You Know Zooming Pretty Far Highlighted The The Sub Subject Application Would Apply To The City But I Think It Is Relevant To Identify The Site That Provides Impetus For The Code Amendment And That'S Outlined In Yellow And That'S A Protected Industrial Site. So The Comprehensive Plan The Policy The Conference The Plan Established Is To Maintain Industrial Uses And Industrial Zoning On This Property. So If We That It Was In This Applications Inconsistent With The Guidance In The Comprehensive Plan So The Aerial Ima Of Of The Propty Along West 94Th Street And The In West Effort And And In The Code Or The Plan It Identifies Some Characteristics Where Industrial Uses Would Be Continued To Be Viable And One Is Rail Access And Then Certainly Freeway Access The Site Has Great Rail Access A Rail Spur Progressive Operate Out Of This Property And There'S Also Very Close To The 9435 W Interchange So From A Access Standpoint This Is A Great Site For Industrial Uses And. You Can See Just In The Aerial Image From I Believe This Is 2022 There'S Quite A Bit Of Outdoor Storage Of Industrial Nature And So Industrial Uses Are Viable On The Site Andithin Thisrea Just The Applicant Included A Small Diagram Of The Proposed School. I Wasn'T Able To Blow It Up Much But Essentially The Area Along West 94Th Street Would Become The School Portion Of The Site With Other Industrial Uses Within The Property With Schools Going Back The Use The Use Includes Performance Standards That Are Also Part Of The City Code So The Use Tables Is Certainly A Major Component But In A Lot Of Circumstances We Have Performance Standards In Addition Whether Or Not The Use Is Permitted Or Conditionally Permitted And This Is Taken Directly From The From The City Code And These Are Performance Standards That Relate To Schools. And So These Are The Standards That Would Apply To K Through 12 School If The Performance Standards Not Amended And Frankly The Performance Standards For An Industrial Site We Think Are Inadequate The Really There No Adjustment Or Consideration Adjacent Industrial Uses The Potential For A Lot Of Commercial Traffic Which Is Large Scale And How That How That School Could Or 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 We Feel That These Performance Standards In The City Code Are Really Aren'T Adequate To The Potential Concerns For Sools Inn Industrialite . So In Summary Again The City Staff Is Recommending City Council Deny The Code Amendment And For Several Reasons The Comprehensive Plan Identifies Where We Feel Industrial Redevelopment And Non-Industrial Uses Might Be More Appropriate But It Is Explicit In That The City Should Be Protecting Or Enabling The Continuation Of Industrial Uses. Another Thing That I Think Is Relevant Is That City Staff Is The Planning Commissioner City Council Went Through A Very Extensive Process In Studying Industrial Development In The City As Well As Over Overhauling I Would Say I Would Call It The Industrial Sections Of The Code And The Issue Of Schools Was A Component Of That Discussion And We Had Fairly Lengthy Discussions On Whether Or Not Or Places Of Assembly Should Be Permitted In Industrial. Ulmately The City Counc Decided That It Should Not Be And So They Were Presented With Information. The Staff Even Presented Two Versions Of An Ordinance One That Did Allow Schools And Places Of Assembly And One That Did Not And The Council Made The Decision That They Did Not Feel That Schools And Places Of Assembly Should Be Permitted In Industrial Uses. 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 Between Schools And Industrial Uses. There'S Just There'S We Have A Lot Of Questis On The Safety You Know Zoning Is Health Safety And Wellness Or And There Would Be A Lot Of Concerns For A School In An Industrial Site. And Then Relatedly, You Know, The Performance Standards We Would Want To Beef That Up To Address Those Concerns So If The Planning Commission The City Council Does Want To Allow This, We Would Still Recommend Denial Of This Particular And We Would Ask That You Direct Us To What Sort Of Perfmance Standar We Could Adopt To Make This More Compatible. And With That Here'S The Recommended Before You. Thank You Very Much. Questions For Staff One Question I Would Have And I'M Sorry I Should Have Thought To Ask Was Head Of Time So Maybe You Would Have Data For Me The The Information We Were Provided Talked About Other Uses That The Applicant Found To Be In Thei Opinion Compatibler Not Compatible Similar College Or University. How Many Colleges And Universities Do We Have An Eye To Right Now? To The Best Of Our Knowledge To Rohman I'M I'M Not Aware Of Any You Do And Then Instructional Centers Are Those Typically Freestanding Or Those More Affiliated With Another Business In That Location If You Will That'S Your Role And Great Question. So Instructional Center Is Kind A Tricky Use In That End And We Could Pull The Definition If You'D Like But The Intent Of Instructional Center Is Not For K-Through-12 Education. It'S More Of A Technical Focused A Very Harsh And Say Very Recent But A Instructor Center That Was Approved By The City With The Last Few Years Was To Teach Auto Motor Vehicle Technicians To Fix Cars. So It'S Much More Of A Vocational Technical All Type Of Use That'S The Intent At Least And The Best Of Our Knowledge We Do We Have Any Of Those And I To Right Now I We Do Have A Couple Yeah And And I My Recollection Is That They'Re Part A Tenant In A Larger Facity. Other Questions Mr. 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 In I Too Sure Thank You. Mr. William Or Mr. Goltzman The I'M Not Aware Of Any Daycares And I Do I Think There Have Been And I Wish Linda Was Here Because He Would You Would Know Immediately The Intent Was If You Have A Large Facility, Industrial Facility Or Industrial Office Facility That You Could Accommodate Daycare Onsite You Know That Would Be Great For Parents With Young Children To Be Able To Have A Daycare Onsite, Drop Them Off And Go To Work But I'M I'M Sorry I Can'T Think Of Any Daycares That Are In I Too District Today. Okay Thank You Mr.. Albrecht Thank You Chair To Follow On Commissioner Goldsmith'S Question About The Daycare Is There I Assume It'S A Conditional Use To Daycare And The Condition Would Be That I Would Have To Be Tied A Business It Couldn'T Be A Freestanding Standalone. And Glenn, Do You Recall If It'S Accessory Or Accessory? Okay. Okay Thanks For The Question. Yeah, The The Daycare Allowance Is Conditional Accessory. So And There'S A There'S A Pretty Significant Between A Conditional Use And A Conditional Accessory. The Has To Be Accessory To Something And That Would Be A Larger Scale Business. So There Are There Would Be A Built In Limitation The Amount Of Like Floor Area That A Daycare Could Could Occupy Relative To An Entire Site. So There Would Have To Be An Industrial Use Or Permitted Use That The Daycare Would Be Accessory To And It Would Still Require A Conditional Use Permit So We'D Have Enough The Ability To Review It. The Other Questions For Staff Commissioner Abdi Thank You Chair This Is Not Formulated I'M Still Thinking Through It So Hear Me I Guess I Was Reading The Staff Report And I Think There Is Some Portion That Said The Area Obviously A Protected Industrial But How Do You Protect Something And Not Like We Do Allow Lang'S Applications To Come Through I Know You Said If There Are Market Driven Uses The Area Th Could Beonsidered The City Would Be Open To Changing The Protected Class To Allow The Market Revenues In This Case 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 Come Through? It'S Not Making The Question Is Not Very Clear To Me But I Don'T Know If It Makes Sense And You Don'T Have To Answer It Right Now. Maybe You'Ll Come To Me Later But I Think I Concur With A Lot Of That Comments Or The Analysis That Stef Has Put Out In The Application And I'M Very Sympathetic To The Applicant But The Site Itself Is Very Limited In The City. So If It'S A Protected Use Or Protected Industrial Area Then Should Be A Way To Like Protected Better Without Having To Allow Applications To Come Through. I Don'T Know You Don'T Have To Answer It. I'M Just Thinking Out Loud I Can Provide Yeah I Could Provide A Couple Thoughts And Then Or Planning Manager Could Could Fill In Gaps You Know The The Comprehensive Plan Guidance Really Helps Staff Analyze An Application So Property Owners Have Right To Apply For A Whole Variety Of Things We May Or May Not Be Supportive Of But The Comprehensive Plan Look At That And It Helps Us Make A Decision On What Our Recommendation Is Going To Be. And So When We Look At That We Think It'S Pretty Clear That The Comp Plans Policy Guidance Is To Do What We Can To Protect Industrial Uses In Industrial Sites That Are Still Viable For Industrial Uses And That Helps Us That'S Nothe Only Rean But Tha Helped Us Come To Conclusion That We That Staff Is Not Going Recommend Approval So It'S Really One Element Of A Larger Analysis The Other Questions For Staff Would The Applicant Like To Speak On This Item Pretty Want Me A Microphone And Introduce Yourself And The Floor Of Yours Thank You Very Much Members Of The Planning Commission City Staff My Name Is Howard Roston. I Am One Of The Attorneys For The Applicantere As Wellnd Hear From Penn State Or I Think A Little Bit Later Here I'M Going Address Two Issues Here. One Picking Up On The Question About Whether Or Not This Is Market Driven And The Answer Is Of Course It'S Market Driven. I Mean That'S Why My Is Is Is Here For This This Is A That In An Area And And In A Market Demographic And And Building Segment That Is Struggling It Just Is And A Lot Of These Regulations Were Adopted Pre-Covid And Times Have Changed Now I Do To Blame Everything On Covid And I Acknowledge Not Everything'S Blamed On Covid I Can Tell You And My Client Can Confirm That Dramatically This Type Of Market Segment For A Property And So The Question For Us How Do We Address It And We Looked At Alternative Uses That We Thought Would Be Beneficial To The City A Whole And Believe Me If If The Client Could Lease The Space Out To Something That Fits Squarely In Your Zoning Code And Me A Viable Use Of The Property, They Do It In A Heartbeat But Choice Here Is Does The City Want To Adapt To Recognize Market Conditions And This Is The Market For It And This Is One Of The One Of The Only Uses That Was Viable For This Space. But I Think The City Needs Be Flexible Both In Its Comprehensive Planning And Zoning Code . 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 At Least As A Permitted Use Or As A Conditional Use In This Actual Zoning District. I Know You'Ve Touched On Some Of Them But 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 For Example I Understand Daycare Has To Be An Accessory Use But It Is Accessory Use That'S Allowed Under This Zoning Code And Clearly There'S Going To Be Children In The Daycarehat'S That'S What It'S For A College Or University Is A Conditional Use Here. I Mean It'S 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 For Why This Is Being Out As Separate In This Industrial District Instructional Centers Is A Conditional Use Are Allowed Sports Training Are Allowed As A Conditional Use Moving Further Hotels I'M Sorry Health Clubs Are Permitted Use To Some To Some Standards Here Studio Audio And Video Restaurants With Outdoor Or Rooftop Seating Again There'S Going To Be Potential For People Who Are Not Immediately Working In The Industrial Area To Be Present Here. So We Think This Proposed Amendment To The Zoning Code To Allow This Use Actually Fits Squarely And Neatly Within What'S Already Permitted Or Conditionally Permitted In This Particular District. And We Also Think It Reflects The Realities Of The Marketplace Right Now. I Don'T Think It'S In Anybody'S Interest To Have A Significantly Vacant Property In The City That'S Not Adding To The Health, Safety And Welfare Of City At All. And So With That We Are Asking For This Amendment To The Zoning Code . I Know Ms. Snyder Is Going To Talk A Bit As Well About The Condition Of The Building In The Market, But I'M Happy To Answer Any Questions Thank You. Questions Is For The Applicant Mr. Abdi I Don'T Know If You Know Or If Lady Is From The Business Or The Property Owner . I Think The Question I Had Was Just To Use Compared Compatibility The School Is Going In Right Now On The Site What Types Of Uses Currently There And Because It Is You Know Tenants Move Out And Tenants Change Over Time If We Do Allow A School In To Go In Right Now And Then An I To Use Industrial Use Goes Into The Building In Future That Use Will Not Be An Industrially Approved Use Will Not Come Back To The City For An Allowance To Go In As A Tenant. Sorry I'M Having A Terrible Day Today Articulating Thoughts I Guess. Do You Know What Types Of Uses Are Currently Site I Can Ask Mr. Answer That Question Directly Go Ahead And Come On Up. Yes Like Introduce Yourself And Sure This One. Ye I'M Pam Snyde And I Represent The Owner Of The Building Mr. Hoyt As His Asset And Real Estate Broker For The Property And 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 Or Anything Of That Sort To Allow For For Warehouse Industrial Type Use In The Front Of Itnd That Is Almost 40,000 Square Feet The Back Side Of The Building Does Have Industrial Type Tenants As You Know Progressive Mcarthur And Llc All Of Our Which Are More For Storage Facilities Are Not Manufacturers And And Then In This Front Office Space About A Year Ago We Did Get A Conditional Use Permit You May Recall For Richfield Gymnastics That Took Half Of This Space. So That Was A Great Fit. We Appreciate You Know That We Were Able To Do That They. Love It There The Front Entrance Has Its Own Parking Lot So They Don'T Co-Mingle Parking With Any Of The The Back Side Of The Building Industrial So When The Sci-Tech Learning Academy Looked Athis Spaceou Know They Just Checked All The Boxes You Know They Liked The Demographics They Like The Space Itself. It'S A Perfect Size For Them Square Footage Were Not Contiguous With Walls To The Warehouse. There'S A Space In Between Is An Exit Out Of The Building That Is Actually The Warehouse And The Front Office Area. So The Walls Are Not Even You Know But It Up Next To Each Other So We Think It'S A It'S A Great Fit. We'Ve Talked To Their Architect As Well As As Far As Adding An Additional Entrance To The Front If They Were To Come In On The Other Side The Front Entrance Currently. So I Think That Brings Four Exits Of The 20 Some Thousand Square Feet And That Should Meet Know All The The Concerns With That Type Of Use And Having Plenty Of Space Any Other Questions For The Applicant I Don'T Know What I'M Trying To Push For Here Is I Going Back To Just The Compatibility As A Property Owner If Tenant Changes And One Of Your Industrial Uses Move Out And You Have Another Industrial Goes Into The Site, How Do You As A Property Owner Choose To Decide If The Use Coming In As An Industrial Which Is Allowed Would Be Allowed In Area Potentially Is A Compatible Use With The Existing Should School Should A School Be Allowed? I Think Yes A School Should Be Allowed If We Brought Another Industrial Tenant In To The Back Area You Know Where The Loading Docks It Wou Be Market Driven The Type Of Use That We'Re Seeing Which Again Is Light Industrial It'S It'S Storage Distribution Urban Type What We'Re Seeing Where The Market'S Going In Technology And Cybersecurity And All The Things That Are The Way That Industrial Is Is Changing I Think That We'Re Going To See Entirely Different Types Of Industrial Come In In The Future Go Ahead. Thank You. Like A Would This Be Considered Like A Typical High School Other Than You Providing The Classroom Spaces For The You The Indoor Spaces? Would You Say That The Tenant Going In As A School Would Have The Capacity To Provide The Outdoor And Necessary School Accessory Spaces For A School? Yes I Believe Their Layout Is To The Document Tonight They They Would Bld Some Additial Classrooms Tre'S Existing Offices In There That They Would Leave As Is And Other Than On That Far Left Side Of The Photograph Up There Where They Talk About Putting Another Entrance Right Off That Front Parking Um, So The Idea I Want To Acknowledge The Context Giving Us Is Very Helpful But I Also Want To Acknowledge That If This Code Was Allowed To Change This Project Would Have To Come Backor Us To Work Thugh Though. So I'D Like To The Context Is Very Helpful I Want To I Don'T I Appreciate That I Was Going Into The Rabbit Hole And Getting To Bring Us Back To Our Conversation Or The Questions That We'Re Having And That Was Really Then To Our Discussion Is That The Bigger But Again The Context Helpful I Don'T Want Us To Spend Too Much Time In The Details Of A Specific Project. Thank You I Think That Kind Of Brings Me Back To Reality And I Think I Think I'M Done With Questions For Now. Thank You. And I Think Oh I'M Sorry. No, Because Again Answer Those Other Questions For The Applicant But If Had Some More You Wanted To Add I Was Just Going To Say I Was Going To Pickn You Point Which Is We Did Start This As A Permitted Use And Realid That I, I Respect The Planners Concern That This Shouldn'T Be You Know, There'S Going To Be Other Issues We Need To Address If This Is Permitted A Conditionally Permitted Use. We'Re Not Asking To Have Or As The Planning Commission To Recommend The City Council That This Is Permitted And We Open Up The Doors A Week From, You Know, City Council. We Understand That There'S All The Typical Concerns That Come Along With A Conditional Use Permit. We Respect That It Was Well Other Questio For The Applicant Thank You For That. This Item Is A Public Hearing And I Don'T Anyone Else In The Chambers Is There Anyone Online Who Is Wished To Testify On This Item? Jerome And We Have No One Online. Thank You. I'M Seeing Nobody In The Chambers And I Guess Technically I Didn'T Open The Public Hearing So The Public Hearings Open Nody In The Ambers And Nobody Online Can I Entertain A Motion To Close The Public Hearing So Moved Second Thank You There'S A Motion The Second To Close The Public Hearing Any Discussion All Those In Favor Say I I Opposed The Public Hearing As Closed Discussion On The Proposed Text Amendment. Commissioner Cookson Thank You Mr. Chair. Like To Start With Just A Couple Of Questions For Staff . First Of All Are There Other Zones That Allow This Type Of Usage? I'M Sure There Are. Could You Help Me Understand The Variety Of Other Zones That Allow This Usage? Sure. Jerome And Commissioner Kitchen Yeah There'S There'S Plenty Of Schools In The City Of Bloomington Right. There'S A Public School System In There. There Are Private Schools Associated With Place Of Assembly Or Places Of Worship. I Did Put Together A Quick Slide So What I Did Here On The Slide Is I Went Again Went Back To These Use Tables And Then Just Scroll Down Until. I Got To School For The Other Zoning Districts And So At The Top Is Commercial Commercial Districts Or B And C Districts And You Can See That There Are A Few Districts Where Schools Are Not Are Prohibited The Bb1, Two And Four But Then There'S The C Districts Which Are Typically Larger Scale And That Those Are Limited Conditional Uses And So Again There There'S Limitations And There Has To Be Relationship To A Broader Site Then I Go To The Bottom And Then Most Of The Schools In The City Of Bloomington Are Located In The R One Single Family Zoning District And That'S Again You Can See That It'S A C So Across The Board There'S Two Large You Know Large Lot Type Districts Where It'S Not Permitted But Other Than That It'S Conditionally Permitted In All Residential Districts. And Then Finally The Six Two In The Middle That'S Really The Mall Of America Then Land Surrounding The Mall Of America. So Very Large Scale That'S The District Where It'S Permitt By Rht? Yeah, Go Ahead. A Separate What Is The Relevance Of 2000 West 94Th Street In This Application? My Understanding That It Is Irrelevant This Is A Text Amendment To The Comprehensive Plan It Is Not Have I Mean It'S Contextual But It'S Not Irrelevant Sixth Amendment To The Code Not To The Contract. Thank You. Is That A Fair Statement? Sure. Thank You, Chairwoman For Sure . Yeah. U Know, W We Included Some Of The Information Provided The Applicant And The Staff Report And Then We Discussed It Tonight. Context Is Helpful Because It Kind Of Gives Us A Window Into The Sorts Sites That The City Would Be Expected To Review Whether Or Not A Coder Wouldn'T Be Appropriate. So Having Having A Concrete Example Can Help That Analysis And That That Thought Process. 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 District Right There Just Happens To Be A Specific Site Right That Caused The Application Before You. Very Well. Thank You. Discussion Commissioner Goltzman. Thanks, Mr. Chair. I Think The Context Has Been Very Helpful And I Think As We Talk Through This I Had A Hard Separating The Site From The Application. I'Ve Actually Worked The Site In The Officerea For Five Year So I Know Ts Property Well So I'M Just Going To Take A Step Back And Kind Understand What'S Being Asked Here So I Looked At This Application And Compared It To The List Of The Currently The Currently Conditionally Allowed Uses So A Daycare As An Accessory Use Or A University Or Instructional Use For Example And The Big Sticking Point That I Have And As Mother Of Small Children All Of The Other Uses That Are Permitted Or Are Conditionally Are With Parents That Are On Site For Long Periods Of Time . So A Daycare For Example The Parent Would Be Onsite At Work And The Child Would Be There As Well. You Thinking About The Volleyball Or The Gymnastics Club You Know The Children Aren'T Tre Without Their Typically Hanging Out Watching The Practice Happen Or You Know, Being Close To Being On Site. So The Big Sticking Point For Me Really Is About Children Being On Site For Long Periods Of Time Without The Parents Being Onsite There With With Them. So It Just That Said It Draws Some Concerns Obviously From Health And Safety. The Other Thing I Think About With The School And The Location Of These Sites Is Children Like To Walk To School. I Mean It Would Be Great To Have A Child Be Able To Walk Or Bike To A School And Looking At Where These Properties Are On The Map They'Re Not By A Residential Home Or Are One Or Two District And So It Would If Although There Are Sidewalks Which We Are All You Know Very Big Proponents Of It Just Don'T See It With This Use Being Compatible With An Industrial Location That Will Have Lar Real Trucks Hauling Product In Coming In Going To School So You Know I Think There Are Enough Incompatibilities Here Thinking About How Do We Keep Our Children Safe. I Just I Right At This Point Cannot Support This Application It'S Written Today Another Discussion Commissioner Abdi, I Hope This That I More Formulated Than The Previous Ones. I Feel I Feel Like I Am With The City'S Analysis On This Here And I'M Looking Forward And Looking In Terms Of Like If This If This Text Change Is Allowed With The Limited I To Districts Or Properties We Have We Would Likely See More Tenants Like Going Into These Spaces. So I Guess I'M Looking Toward The Ramification Of That And How Do We Protect A Use That The Comprehensive Plan Sees As A Valuable Use To Have? While I'M Very Sympathetic To Property Owner To The Property Owner I Feel I'M Looking Beyond The What Would This Due To The Availability Of Industry Uses Because Schools Will Technically Be Allowed With Conditions Now You Can'T Just Turn Away A School Because Now You Could You Know If This Goes Through Then We Would We Would Likely See More Applications Go To The Sit Would Allow For The Possibility Of School So I Concur With All The Analysis You'Ve Done And I Think The City Has Done A Really Good Job In Just Laying Out Some Of The Reasons Why Some Of The Concerns Do Exist. I'M And I Recommend Moving Forward The Application Of The Recommended Motion Seen Here Commissioner Albrecht Thank You Chair. I Want Tocho Commissioner Cole Could Commissioner Goldman Commissioner Of The Times Regarding Safety I Had Some Similar Thoughts About Children Exiting And Entering There. Yeah Not Only Immediate Early On The Site But For What Could Be Considered One Mile Radius Of Kids Walking My My Main Consideration And I Do Undetand That Thearket Is Changing And Given Covid And Everything That'S Going On With The Economy That The Demand For A School Potentially This Area Is There Obviously There'S A Tenant For A School In That Area. One Of The Things That I Think This Group Is Charged With Is Not Thinking About Immediate Economy But The Economy In Ten Years Andhat That Might Loo Like. And I Think Commissioner Abdi Said It Well That We Do Need To Protect Our Industrial Sites Industrial Uses And Although A School Might Want To Go In On This Site Or Might Temporarily Be Interested In I To Site Then It'S Not Available For Another Use Given A Shift In The Market Or What Have You In The Next Ten Years. And I Think Thas Why We As A Group Look To The Comprehensive Plan Because It Is We Are Long Term Planning. We Have A Long Term Planning. Look, It Is Not Just Just Around The Corner So. I Yeah I Don'T Think That I Support This Change And. I Agree With My Colleagues Here Commissioner. Acton Mr. Chair Thinks You Know I Think Comprehensive Plan Tasks Us With Finding The Right Projects In The Places Now I Believe 2000 West 94Th Street Is Irrelevant To This Application. I'M Looking This At The Lens Of A Change To Our Code Are We To Allow Schools In I To Zoning And So I Look At This As More Of A Broad Sense Not Only 2021 West 94Th Street Between Five West4Th Street An 2007 West 92Nd Street It Really Doesn'T Matter. It'S The Compatibility Of Surrounding Uses And So You Know When You Look At What'S Already Allowed In The I Two Zone And We Heard Some Things That Are Similar To Schools Restaurants There'S Like Accessory Daycares Etc. I Do Think That K-12 Is A Unique Demographic In That Similar To What Commissioner Albrecht Or I'M Sorry Commissioners Who Said It Somebody Else A Commissioner Gottesman Perhaps She She Said That Well Now I Lost My Train Of Thought. I Think It'S I Think It'S A Unique Age Range, She Said Their Parents Are Always There. I Think Of It More As Who'S Taking Responsibility For That Individual When You'Re In Daycare Someone Else Is Taking Care Of You When You'Re In College You Can Take Care Of Yourself But That Range You'Re Being Asked To Take Care Of Yourself As An Elementary But You May Be Not Quite Able To Do That. So If There'S A Chemical Spill If I'M In Daycare Or Someone Else Recognize That If I'M In College I Know To Call Nine One If I See A Chemical Spill Spill But If I'M In Fourth Grade I Don'T Know Better To Do The Right Thing. And So I Do Think There'S A Uniqueness To The K-12 Range That Is Independent. Maybe They'Re Walking To School, Maybe They'Re On The Playground But They'Re Not Quite Ready To Take Of Themselves In An Emergency And I Thi That'S A Pblem So I Do Think There Is A Uniqueness To K-12 That Is Different Than All Of The Other Conditional Or Permitted Uses In It. So I Do Think It'S Different There I Think Commissioner Abdi Said It Very Well That We Don'T Know What Neighbor Might Come Next Because. Again We'Re Talking About This In General Terms It'S I2 And So It'S Not Just What Other Tenants Are It 2001 West 94Th Street But What About The Other Buildings Where This Could Be An Application And You Might Find A Building Perhaps It'S This One Where The Tenants Are Very Mild And It'S Not A Problemaybe It Wod It Would Wk But Another Site That'S Owned By Two We Get Ourselves Into A Problem Where Those Tenants Are A Problem Or As Commissioner Harvey Stated The Tenants Are Certainly Going To Change Over Time At This Particular Subject Property And They May Not Be Compatible And So Although You Could Craft A Line Of Of Events Where It Works Out Great And It'S Fine And Everybody'S Happy And We'Ve Got A Great Usage Here I Think On The Whole There'S Too Much Risk In That Tenants Are Not Compatible With Children In The Walking To School Thing With Industrial Usage Around Does Scare I Mean When I Went To Elementarychool I Wasn'T Walking Straight Home Right There. There'S Other Things That Are Happening And So It'S Unfortunate Because A Stem School Does Excite Me And Although That Particular Stem School Again I Feel Is Irrelevant But A Stem School Excites Me In The City Of Bloomington Because I Have Stem Degrees And I'M A Believer In Stem No One Believes In Stem More Than Do But We Have Other Places In The City Of Bloomington Where Stem Is Appropriate That School Is Appropriate And This Isn'T One Of Them And I Can'T Support This Application Tonight Any More Discussion. Commissioner Mcgovern I Stand Behind All The Commissioners Up Here As Well The Area And The Industrial Use There Are Potential Risks Which Would Entail It Would Affect Children That Would Attend The School And You Know It'S Not Only The Walking Playground Use How Can The Children Go Out And Enjoy Playground Time When They'Re Surrounded By Noise In , Industrial Machinery And, Noise Pollution And Hazardous Materials? You Know, That'S A Time For Kids To Enjoy And Be And All That Noise Pollution Just Doest Sound Liket Would Be Good Environment For Them. Education Is Important But I Don'T Think The Location Is Right. Thank You. I Will Say For For Me I Think As They Used To Be Able To Say Commissioner Kaufman And I But She'S Our Body. When We Worked On The Comprehensive Plan We Talked Specifically About Industrial And The Biggest Thing I Think It'S Interesting Because What I'M Hearing From The Applicant Is That It'S Been Challenging But I Think What'S Challenging And That'S Speculation I'M Not Saying It'S Fact Is That This Is An Office Space In An Industrial Which Offices Permitted An Industrial And You Know Office In A Lot Of Places Around The City. But We Talked Specifically About In A Fully Built Out City Industrial Space Often Is A Target For Reuse Either Because It'S Inexpensive Or It'S Old It'S Easy To Scrape Or Is Residential Growth. People Don'T Like Living Next To It Anymore Even Though They Have Come To The Nuisance Kind Of Earth As The Term Of Art Is So Long Story Long We Felt About And That'S Why This Protected The Industrial Shows Up In The Plan And I Think I Found It Interesting I Haven'T Dug Into It. I Know That The Applicant Shared Information About Other Uses That Are Currently Conditionally Allowed Which Actually I Thought Was Far More Permissive Than I Would Think It Should Be Maybe. And So That Might Be A Necessary Part Of This Item But You Know, I Mean If We Don'T Have Any Universities Or Colleges I Don'T Maybe We Don'T Need To Have That As A As An Option If We If We Truly To Protect Our Industrial If That Is Going To Be A Priority For The City, It Might Be A Good Time To Look At What Are Those Things That That Are Either Conditionally Or Permitted In In The Ai Zones. So Just From A Just From That Perspective Is Where I'M At Is Is I'M Not In Order To Industrial I'M Not Looking To Add More Things That Are Either Permitted Or Conditional And Industrial That Not Industrial In Nature Or Very Closely Affiliated With Industrial And The Commissioner Gottesman If If You If You'D Like Like To Make A Motion Which Is There Any Other Discussion Go Ahead. Thanks To You In Case People Choose 023-24I Move To Recommend The City Council Adopted Denying The Privately Initiated City Code Text Amendment To Allow K Through 12 Schools As A Conditional Use In The Ai Two Limited Industry Zoning Commissioners. Yes My Apologies The Case Number And The Recommendation Is Incorrect. Let Me I Mean I'M Going To Fix That Because I Think I Kept The Old Video. Oh Good. Let'S Have Apologies, Drake And We'Ll Start Over. Commissioner Goltzman Thank You Chair In Case People 2023-47I Moved To Recommend The City Council Adopt A Resolution Denying The Privately Initiated City Code Text Amendment To K-12 Schools As A Conditional Use In The I Limited Industry Zoning District. Is There A Second Second We Have A Motion And A Second To Recommend The City Council Adopt Resolution Of Denial T Privately Initiated Code Text Amendment Any Further Discussion All Those In Favor Of The Motion Say I I Opposed The Motion Passes. This Is An Item That City Council Has Final Decision Making On So This Will Appear As A Public On The June 5Th City Council Agenda. Thank You. The Second Item Is Our Regular Policy And Issue Update And I'Ll Put To The Planning Manager For What They Have To Share With Us Chair Rohman 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 Amendments And That Would Establish Exceptions To The Operating Hours Of Mobile Food Units Also As Food Trucks Located Within 250 Feet Of Residential Zoning Districts. So That Is The Only Item On May 25Th And Then Looking After June 8Th Would Be The Next Meeting. We Have Tee Items On That Agenda Namely Conditional Use Permit For Outdoor Seating At Innings Just In Restaurant That'S At 2137 West 80Th And A Half Street Pan American District And Then Secondly A Conditional Use Permit For An Art Studio In An Existing Tenant Space At 7700 West Or Chuck Ap Road And The Finally On Thatgenda We Wouldave An Annual Housing Report Which Was Recently Offered To The Hra And Thought The Planning Commission Would Be Interested In That As That'S We Have An Upcoming Agendas. Are There Any Items That Members Of The Commission Would Like To Bring Forward Forward? No. Well Then Seeing That We Are Adjourned Until May 25Th"