Hallelujah. Good evening and welcome to this January15th meeting of the Bloomington Planning Commission. The planning commissionadvises the city council on development proposals, development standards,long-range planning and transportation issues. Some items before the planningcommission are study items where the planning commission does not take finalaction while other items are public hearings where we will take uh finalaction. During public hearings, the uh public is encouraged to testify. You cando that here at city hall or you can also do so by calling in from home uhfollowing the directions on the bottom of your screen. Um I will provide someadditional information on public hearings uh as we go into item numberone. Uh so I'll have some additional information at that time. Um, on someitems, the planning commission has final decision-making authority, while onother items, the planning commission is an advisory council or commissionrather, and we will advise the city council and they will make the finaldecision on that item. The planning commission is made up of seven volunteerresidents of the city of Bloomington. Each planning commission has beenappoint planning commissioner has been appointed to serve a three-year termwith a two-term limit. All seven of the planning commissioners are here thisevening, so we do have a quorum. We'll begin this meeting by starting with thepledge of allegiance. Please rise. >> I pledge algiance to the flag of theUnited States of America and to the republic for which it stands, one nationunder God, indivisible, with liberty and justice for all.[snorts] >> All right. Item number one this eveningis for an a conditional use permit and final site and building plans for aconvenience facility with fuel sales at 1050 and 1000 West 94th Street. Theapplicant is Quick Trip. Uh Kareem Sherard is here with the staff report.>> Yes. Hi, good evening chair and commissioners. Um yeah, we presentedtonight on a conditional use permit and final sale site and building plans forconvenience facility with fuel cells at 1050 and 1000 West 94 Street.I'm start let's see okay starting off I just want to providea background on where the proposed location will be. It's located right offthe Interstate 35W and West 94 Street inside the I3 zoningdistrict. It's located um primarily in a industrial zone which is sandwiched inbetween Bloomtech Workplace and Ziggler uh campus. Currently the site is two lots. Um sothere's will have to be a lot consolidation. The first lot is 1050West 94th Street and the second site is 1000 West 94th Street. So that would becombined into one lot which will look something like this. Umthis was this is the proposed um features of the site. We're going tohave a canopy and then a convenience facility.Um, going back to the land use guidance and zoning, want to mention that it'szoned, like I said, um, I3 general industry, but it's guided industrial.So, that's the primary purpose of this site.[clears throat] In regards to the the site plan, um,this site plan features a 7,350T convenience facility and also a 3,81 ftuh, gas filling canopy. The floor plan consists of a proposed uma generation 2 convenience store that uh Quick Trip will um feature.Pretty standard. Um parking is in compliant is incompliance. There's 46 um spaces is required. 39 spaces is provided. So wedon't staff does not see any concerns when it comes to parking. In regards to landscaping, landscapingis in compliance as well. Um, with one note that a compliant parking islandwill be added to the site. Um, that would be one of the conditions that'snecessary. In terms of elevation, um, I'm sureeveryone has seen a quick trip around, but it's going to be a standardcorporate um, corporate logo. uh exterior buildingmaterials and finish was found to be in compliance with our city code standardswith the brick facade, green metal roofing, almond fascia and sulfit andLED building signs which all is in compliance with our city code standards. I mentioned our fuel canopy. So therewill be eight pumps with 16 fuel positions um LED letters and a redstripe almond fascia and underground storage tanks which is the quantity willbe five. I do want to call out that this site islocated within the Lindell suburban the Lindell Avenue suburban retrofit planwhich is a specialized area plan separate from a district plan. Um, Icall this out because what I want to note is that this site, while it is partof the Lindell Avenue suburban retrofit plan, it sits 900900 ft away from Lindell Avenue. The suburban plan um calls out for two keynodes um which is not part of the site. Um the site is on industrial. those twothose two key nodes is primarily focused on redevel redevelopment of a B4 zoningdistrict. So we don't see any um issues with the proposed location in regards tothe um Lindell Avenue retrofit plan. So with that um staff does recommend umapproval for the conditional use permit and we also have the final site andbuilding plans up for review. >> Thank you Mr. Sherard. We'll begin withquestions for staff. >> Seeing none, uh, Mr. Shard, is theapplicant available? >> Yes.>> All right. I would invite the applicant. Are they online? Are they here?>> They are here. >> All right. Come on up.Uh, please introduce yourself to us and let us know uh anything we should needto know. >> Okay. Good evening, commissioners, andthank you for the opportunity to share with you about QuickRip. Um, what I'dlike to share tonight is just a little bit more about the company and what weprovide for our communities um that we go into. Um, we are uh a family-ownedbusiness that is actually celebrated um 60 years this year of being afamily-owned business. Um, which is an important part of what we do becausewe're able to um really focus on decisions that need to be made for thecompany that is a small group of people that make those decisions. So, a coupleother things. We um operate 917 stores in the seven Midwest states. We employover through those states 39,000 employees. Um we're able to make andship 80% of our own branded products. They are made in Lacrosse, Wisconsin on130 acre parcel. We have our own kitchens, our own bakery, our own uhfuel, our own technicians who work on our trucks. Everything is in Lacrosseand handled out of our Lacrosse, Wisconsin. Um, the other nice thing withbeing in Lacrosse is we work with not only local farmers there, but localfarmers throughout our seven state area to provide really farm to fresh um, foodin the stores. And that could be everything from eggs, meat, produce, um,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 weare able to provide um what we consider very economically based priced items andwe make it, we ship it, we sell it and so that's everything from bringing theraw materials into Lacrosse and then making every part of it. Um we haveworldclass production facilities, we have our testing in our Lacrosse campus,um our health and safety. So that's how we remove excess costs and controls andlower transportation and turnaround time. Every store gets a daily deliverywith Quick Trip in order so that things are fresh and on the shelf for ourcustomers. We are a huge community partner. One ofthe things that we pride ourselves on is partnering with our communities. Atgrand openings, we will always give away um donations to two uh local entities,whether it's police and fire, whether it's uh the community table here, whichwas a nonprofit food organization, but we um are heavily involved with ourcommunities. We also will support community events. We'll supportcommunity parades. We'll support different community things throughoutthe whole year. So, we get heavily involved with our communities um becausewe know that's what drives our business. The other part is we have a c uh aculture of caring. Um we give 40% pre-tax back to every single employee inthe company. Whether they're part-time or full-time, every employee gets 40%bonus uh a bonus check at the end of the year. We give anniversary and birthdaygifts. We have a 30 paid date sabbatical after 20 years of employment. Familieshelping family is our quote United Way program which takes care of theemployees um if something were to happen and they cannot pay their rent um needan automobile fixed we help with those expenses through this program. Neighborshelping neighbors is where people can give back at the cash registers and thenfood donations. We love again to give back to our Feeding America partnershipsand our local food shelves. I just talked about this. Our actionsspeak louder than our words. One way we care significantly for our co-workers isby giving them annual bonuses. And then meal solutions. We really tryand provide a great um opportunity for lots of food. Um as you can see here,this is one of our grocery cases. We have expanded grocery in our stores. Wehave a hot spot that food is made hourly um and put out on the hot spot and thenwe have our own produce island now in the stores. So we significantly increasethe produce that we offer in our stores. Here's a preliminary elevation planagain that just shows what our facade and building looks like.and this store. Um, from a job opportunity, this will provide anywherefrom 25 to 45 jobs. Typically, 60% is part-time, 40% is full-time, but itcould be as high as 50% are full-time, and 50% are part-time. This is a four month. Typically, when webuild, we have a four four and a half month build cycle. And right now, thisstore would be slated to be built in 2027. So, thank you for your time andI'll take any questions. >> Thank you. Any questions for theapplicant? Commissioner Len. >> Thank you, Chair. Thank you very muchfor the presentation. Uh, does Quick Trip will the store operate 247 or whatare the typical hours? >> Yes, we would like to operate 24/7 here.Um, the reason we offer our 247 again is to provide service for all the differentshifts that uh different people work and we feel that's important to provide forthe communities. >> Please a follow-up question. Um, can youtalk about the Is there diesel fuel also and does it service um semi-truckss? Canthey stay overnight? Things like that. If you could talk a little bit moreabout that. >> This location, thank you for thequestion. Um, this location does not have truck parking, nor will it servicesemi-truckss. It has diesel fuel for cars, which will be in line with thecanopy. Um, however, this is not a truck stop, nor will it be able to. The onlytruck you'll see in and out is our delivery truck that will drop off ourdeliveries. >> I have a question. Um, when I look atQuickRrip's model, uh, this seems to be sort of your first location really inthe metro. Can you speak to us about is that a change for QuickRip? Are youlooking to get more into the metro area? >> It's not a change for Quick Trip. It'sbecause our footprint, as you noticed, um, as Kareem presented, we're combiningtwo lots. It's due to the size and one of the important things for our sites issafety and so the distance between our store and the canopy, the canopy andadditional parking around. Um we feel it's very important to have a bigger lotsize and so that has been the challenge with trying to get into the the innerring of suburbs. Um but we are slowly uh making our way into that and findingopportunities and um that is one thing that we we are working on and want to bein the in the communities. >> Thank you. Other questions for theapplicant, Commissioner White. >> Thank you, Chair. Um and thank you forthe presentation. Just a quick question, and I'm not sure if this is for you orif this is for staff, so apologies. Um, but I'm wondering the businesses thatare there now, do you already own the property? I'm sorry if I missed that inthe packet. Or will those businesses be relocated or um [clears throat] just>> those businesses are under contract. Uh, one of them is currently in the room.Um, and we will wait to close on the property once we're through finalapprovals and um, we get through a few little logistic title paperwork itemsand then we will look to close on the property.Um, just so commission uh, planning commission too, just so you know, thisproject is a little more near and dear because I am a resident of Bloomingtonand I live in Bloomington and so, um, I was very excited to be able to bringthis to you this evening. >> Other questions for the applicants? >> Seeing none, thank you. If you could besure to sign in for us on the pad, there would be appreciated.Uh with that then we will uh move to the public hearing portion of this item. Andbefore we open it up, I do want to just go through a few um few ground rules forfor public participation as uh many of you may be new to the planningcommission. So uh we'll open up the public hearing that will only be forthis item. Each item will have its own public hearing. So if you're here foranother item, uh just go ahead and wait and and we'll get you at that time. Umwe'll have you sign in at the podium just as the applicant did there. Weappreciate that for the record. Um, when we when we take public comments, I I dowant to reinforce that it's a public comment period and not a public questionand answer period. And really, um, the way that works is we're going to takeall your questions, but we won't answer them right away. So, it's not that wedon't hear you. It's not that we didn't don't feel like answering your question.Uh, it makes it more efficient if we collect all of your questions. Uh, andthen after the public hearing is closed, uh, if the planning commission sochooses, 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 ordidn't hear you. It's that we'll get to it uh after the public hearing hasclosed. All comments can be directed to me, the chair. And uh we are going tohave a time limit uh to keep things efficient this evening. So, there is aclock on the wall. It's set at 3 minutes. Uh so, please be uh respectfulof that. That way, we ensure that everyone has a chance to speak thisevening and and not one person is is taking all of the time. Okay. With that,we will then open the public hearing for this application for Quick Trip. And ifanyone would like to speak to this item, please come forward. Good evening.Good evening, sir. Good evening, board. Um, just wanted to speak on uh behalf ofQuickRIP. Um, I'm not affiliated with QuickRip. Um, I've worked with them inthe past. Uh, we operate a CO2 welding gas supply business and we are partnerswith them. Uh, they run a very clean operation and we appreciate everythingthat they do. Uh, having them here in Bloomington as a fellow resident is muchappreciated. It's nice to have them inside the ring of 494. Um, and that'sall I have to say about that. >> And could we get your name, please?>> Blake Nicolay. >> Thank you very much. And sign in for me,please. Would anyone else like to testify on this item? >> Good evening.>> Good evening. Uh Eric Olafson. I live just down the road from this site. Uhand I just wanted to bring forth a concern I have about saturation of gasstations in this specific area. Um there's about eight of them within amile and a half of my house. Um, and I'm just worried that this might disrupt oneor multiple and we might have a site that could go out of business and behard to replace. Thank you. Would anyone else like to providetestimony on this item? >> Miss Brown, is there anyone online?>> We have one participant online at Mr. Biome, would you like to speak onthis item? >> Uh, Nate B with Quick Trip. I'm I'm justhere to support as our store engineering contact for any technical questions theboard or any uh others might have at this time.>> Great. Thank you very much. Last call for anyone who would like totestify on this application. If not, I would look for a motion toclose the public hearing. >> So moved.>> Is there a second? >> We have a motion and a second to closethe public hearing. All those in favor say I.>> I. >> Opposed. That motion passes 70.We will move to discussion. Commissioner White.>> Thank you, Mr. Chair. Um, I'm I'm I've often wondered why there are no gasstations right off the highway of Interstate 35 in Bloomington. I knowthere's just only a couple off of 494 in Bloomington. And so I guess maybe thisis a question for planning manager Johnson if he has any insight into thator any other member of the staff. Um because I believe this would be the onlygas station in Bloomington right off of the interstate, not having to go morethan a block or two off of 35W. >> Mr. Johnson.>> Yeah, Chair, Commissioner White, thanks for the question. There is Speedway on98th Street off 35W that's in fairly close proximity uh to 35W. Um there'salso a gas station, I believe, uh off of uh Portland uh near 494. Um that'srelatively close. So there are a few, but to the uh applicant's point aroundsite assembly and kind of historic development patterns, um I think whenyou know a large bulk portion of the 494 area was developing in the 50s and 60sand 70s, um maybe there just wasn't uh as much consolidation uh for fuel. Umobviously they are on our other Pen Avenue, Lindale Avenue um to one of theother speakers point, but um yeah, uh I think it's more just about how theseareas developed historically in sight assembly uh for the most part. Thankyou, >> Mr. Johnson. While we have you, I didjust want to touch base a little bit on the planning commission's role on thisapplication. So, if if I'm understanding correctly, the way the planningcommission should view this is a convenience facility with fuel sales andwe are not to take in the fact that it's quickrip. Whether I personally likequick trip or not is not gerine to the application and that the planningcommission should be viewing this through the lens of a conveniencefacility with fuel sales. Is that correct,>> Chair Kton? That's correct. Uh the land use approvals run with the land. So intheory, another operator could utilize that uh approval should it be granted uhto continue to operate uh the store as approved in the plans shown before you.Um so yeah, just to emphasize it does run with the land. You're not evaluatingit based on the brand of who the applicant is.>> Thank you for that clarification, Commissioner Len.>> Thank you, Chair. And I think this is probably a question for Mr. Sherrod. Umrecognizing that there is more construction and work to come with 494and 35W, are we positive with Mindot that none ofthis will be impacted by changes to 35W in the near term that we're aware of?>> Yes. Uh, Commissioner Len, um, during the development review committeeprocess, um, public works has not identified any um, conflicting um, um,problems with any proposed construction of 494 and so um, that was notaddressed. >> Great. Other comments? >> Commissioner White.>> Um, thank you, Chair. I am curious, and I apologize if I missed this in thestaffing packet. Um, but as someone brought up, there are a number ofexisting gas fuel facilities in the area already. Is there any concern from anenvironmental perspective of adding more underground tanks and the risk that thatrepresents? Sure, Commissioner White. Um, again, duringthe development review committee, um, additional underground tanks, there wasnot a concern that was raised by our, um, public works department. Um, ifthere if it was a concern, it would be addressed and mitigated, but that wasnot raised during that process. >> Uh, Mr. Johnson, I can think of at leastone thing in our city code that has proximity requirements that you cannotbe so near another of the same usage and that would be pawn shops. I believe youcan't be certain distance from another one. Is does that apply to fuel stationsin any way? >> Chair Cookton, it does not. Um self-storage facilities is another uh use in our code that has a proximityrequirement. Pawn shops actually has to do with number of licenses per number ofresidents uh in the city. Um, so that's a slightly different uh equation. Um,but no fuel stations are not subject to a a maximum number overall or aproximity distance uh standard in our code.>> Thank you, Mr. Johnson. Um, when I saw this application, um, I initially hadsome pause. Um, do I love the idea of new gas stations coming intoBloomington? I'm not sure. Uh, we're a fully built out city because is there ahigher and better land use than a gas station? Maybe. I'm not sure about that.But and this will be I perhaps a recurring theme this evening is that theplanning commission doesn't have unilateral authority to do what we wantbecause we like it or not. Uh we have city codes and and state statutes tofollow and in this case we have findings to make and if we can make the findingsof the application then we are obliged to uh to approve it and in this case Iam able to make the required findings of this application and whether I likequickrip or not is really not gerine to this application. They are a codecompliant and um business that I can make the findings for and I will be insupport of it. Commissioner Cunningham.>> Thank you, Chair. Um I echo your sentiment. I had a little bit of pause.Uh similar to Commissioner White's uh comment about underground storage tanks.Uh then I saw that one of the commission or conditions of permit is a uh NM Creekwatershed uh permit which is a very thorough process. And so I agree withChair Kton that I can make the required findings and I'm uh in support of this.Thank you, >> Commissioner Lick.>> Yeah. Um I uh am fully in support of this um proposal. I think to that point,I've numerous times come close to running out of gas on 35W. So [laughter]having a more convenient gas station right off the highway would bebeneficial. Um but more seriously um I think it is actually a good use of thespace. I mean I think that um I grew up in a neighborhood that had a big uhquick trip like situation and it really did play a key role in the community andrecognizing that it is industrial space. I think this is um actually the sweetspot of turning an industrial area into somewhere something that has a littlebit more sense of community than would actually exist in an industrial area.So, I'm fully supportive of it. Um, and think that this would be a greataddition to the community. >> Yeah, and I would second that,Commissioner L. I think the location of this is good. It's right off thehighway. I don't necessarily see a lot of that traffic filtering in. If itdoesn't need to be, it could be an on the highway, off the highway typesituation. If this was right on Lindale, I would be significantly more cautiousabout it, but I think this is a good location in an industrial area.Any other thoughts? Commissioner Summers?I have um a question and I think this is for our planning staff members who arehere. Um and in regards to the comment from our community member, it is a gasstation that closes very challenging to redevelop. >> Chair, Mr. Johnson, I'll throw that oneto you. Commissioner Summers, it can be um certainly there's a cost associatedwith remediating the tanks. Um tanks for the record, there's some question aboutum tanks uh fuel tanks. They are regulated by the MPCA as well, MinnesotaPollution Control Agency. So there's some statewide regulation of those thatgoes above and beyond uh what the city is doing. Um it can be challenging toredevelop uh gas stations. Um, uh, that's one of the reasons that HenipinCounty actually has a dedicated grant funding, uh, to helping remediate, uh,old tanks. Um, I think, you know, every situ situation, every site is different.It just really depends on what is the land use value and the demand of of thatparticular site. Um, but I think it's fair to acknowledge that in somesituations, some locations, it can be challenging. If I might, uh, CommissionChair and and Commissioner Nur Summers, um, the issues we've had withenforcement have been with combo service stations and fuel stations because thestandards can change over time for each. Um, they want to redevelop or dodifferent things on the property and the current zoning might not allow it. So,it's those combo ones that are that have been the real problem, not the strictfuel sales. Um, yeah, just when they have different kind of disperate uses,they're almost combined on one. and then redevelopment becomes hard. So, wehaven't seen much with the just gas. So, >> Mr. Johnson,>> if I can add to that too, by combo, uh, attorney Tasky is referring to motorvehicle repair ones that also include vehicle repair uses,>> which which this one does not. >> This one does not. Okay.>> Sorry, this one does not. >> Commissioner Silvers.>> Thank you, Chair. So, for I echo some of my fellow commissioners in that thefindings I see them here. um and agree that it's in line with umwhat we want to see from an application. And I think I just wanted to raise thatthere is some um validity and caution to not having too many gas stations, butthat doesn't seem to be a conflict here to me.>> Thank you. Anyone else,Commissioner Len? Um, this is probably Thank you, chair. This might actually bea question specifically for the Quick Trip representative. Um,and it's more just pure curiosity. Recognizing that fuel sales are a majorcomponent of the sales, but not the entire sales, are there electric uhvehicle charging bays at any of your stations? And not whether it's plannedfor this one, but just is that something Quick Trip has explored?Thank you. >> Thank you, Commissioner. Um yes, we haveexplored it. There are not um specifically chargers at this location,but we are currently and have been working with grants to get chargers onmajor freeways. For example, the 94 stretch from uh Wisconsin to Chicago toMilwaukee, that whole area. Um there are also some in Minnesota. Nate could alsospeak to a little bit more, but we are underway installing quick charge umwhich is will be charging stations for those vehicles. >> To expand on that slightly, uh wecurrently have planned I believe in Wisconsin42 or 52 sites that were have installed are installing in Minnesota. I believeit's in the mid30s that we're uh either including on new builds or adding toexisting facilities. So, we're we are definitely umincluding that amenity on our sites where where it is a reasonable uhlocation. >> Thank you.Any other comments from commissioners? >> If not, I would entertain a motion.Commissioner Cunningham. In case PL202500186, having been able to make the requiredfindings, I move to adopt a resolution approving a conditional use permit for aconvenience facility with fuel sales at 1,00 and 1050 West 94th Street subjectto 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. I. opposed. That motion passes 70.Commissioner Cunningham. >> In case PL2 202500186,having been able to make the required findings, I move to approve final siteand building plans for an approximately 7,300 square ft convenience facilitywith fuel sales located at 1,00 and 1,50 West 94th Street, subject to theconditions and code requirements attached to the staff report.>> Is there a second? >> Second. We have a motion and a secondfor this final fi uh final motion. Any further discussion?All those in favor say I. >> I. Opposed. That motion passes 70.This is a final decision of the planning commission unless an appeal is receivedby the city council on by 4:30 p.m. on January 20th. Thank you very much.We will move then to our second public hearing which is item number two uh fora cannabis manufacturing facility in an existing industrial bu building at 8200Grand Avenue South. Mr. Sherard, you're back for another staff report. >> Yes. So, um I'm going to be presenting aconditional use permit for a cannabis manufacturer at 8200 Grand Avenue South.um given a background information on where this site is located. It's locatedacross the street from a a major um corporate campus or the Toro corporatecampus. Uh it's situated inside of the I3 zoning district and it's right alongWest 82nd Street. The proposed location is going to belocated in the northeast corner of 8200 Grand Avenue South. That's will be thetenant location. Uh we found out parking is in compliance um as well as lighting.Lighting has been recently updated with um wall new wall packs and as of 2019there is a uh a um a lighting plan a proof of lighting plan in place.Um background on the legalization of a cannabis business. This was passed in2023 u Minnesota statute um chapter 342. um going into details of what a cannabismanufacturer consists of. It's an establishment engaged in a purchase,acceptance, manufacturing, packaging, and sale of cannabis, hemp, or productsderived there from that has a valid approved license issued by the state ofMinnesota. Um we have found that this um business is complies with all of thosethings. Uh especially with the state licensing, which is the process includesum a background check and facility inspection. Uh there would be no retailsite at this location. Um I mentioned that this is zoned I3. Sothis will be within the I3 um zoning district and for the comp plan this iszone is guided industrial. The proposed floor plan includes aproduction storage of hemp. um production storage of umit says non I can't see that there but there's other production storage relatedto the manufacturing of cannabis pre-rolls. Um this is basically the thelayout and I do want to call attention because there has been some concernsabout odor. Um this is going to be a they have a robust air purificationsystem. Uh it's a commercial air purifier unit which controls volatileorganic compounds and it's older extractor. Um applicant can speak tomore about that if needed. So with that um staff has recommendedapproval and turn it over to chair Kton. >> Thank you Mr. Sherard. Uh we'll startwith questions for staff and I will begin. Um so the the concern of odors isthis atypical or is this things we see in other industrial applications wherecall it I don't know a hot dog whatever I mean is this a thing where otherindustrial uses have smells and we require an odor mitigation and that'sbeen sufficient or is this unique to this application?>> Okay so this for cannabis there is nothing unique that is a requirement inour code that requires odor mitigation. We took that as an an extra step. Whenit comes to owner mitigation, we do have um when it comes to the proximity ofresidential um uses or res residents um it would have to be within 150 ft whichthis is. So we just took the same amount of precaution and requiring ordermitigation for this use as well as as we as we would with restaurants and otheruses. >> Thank you,>> Mr. Johnson. If I can add to that, thanks Chair Cookton, is that we onlyhave odor uh control or mitigation requirements for one uh use set in ourcode currently, and that's restaurants and food processing uh uses like plantslike Log House Foods or those uh kind of uses that create uh food products. Sothat's currently the only code uh within embedded in code use that requires odormitigation off the jump. But through a conditional use permit, you do have thediscretion to add conditions of approval uh if they do uh address certain uhnuisance characteristics associated with the use.>> Thank you, Mr. Johnson. And I'll ask you another question. Does the city ofBloomington have the authority to uh restrict cannabis manufacturing orbecause that's a state law, are we not allowed to restrict that type of usage?Chair Kton and again with a caveat that a lot of this is new um uh statelegislation again being passed in 2023. So many municipalities are just learningand have just passed ordinances and laws. Bloomington passed our ordinancesand laws in 2024. So this is really kind of the first wave of businesses comingthrough. Uh but in terms of restrictions on uh the uses themselves, what thestate uh statutes are more focused on is retail uh licenses. So you are allowedto restrict the number of retail licenses uh that you are uh issuing. UhI believe there's less guidance on the uh cultivation and manufacturing uhuses. You can require a conditional use permit. Um uh so you can subject it totypical land use and zoning processes like that. Um and in fact uh this landuse actually existed before cannabis. We had an indoor [snorts] agriculture useand so this use fits into that pre-existing use in our zoning code andthat was a conditional use prior to that. And the reason being is that someof those processes do have uh fertilizers or other chemicals or thingsthat our fire uh prevention staff always wanted to subject to a more uh scrutinyuh in terms of a regul uh regulatory process. So if if that's just a littlebit of helpful context. >> Yes, it is. Thank you, Mr. Johnson.Other questions for staff? Commissioner Len.>> Thank you, Chair. Two questions. Uh, first question is, have any of themanufacturers that have been approved previously, haveany of them started production yet? >> That's a good question.>> Take a crack at that, Chair Kton and Commissioner Len. Uh, there's only beenone 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, theone that's south of Old Shakapei in the southwest corner of the city? Chair,>> Commissioner Len, that's correct. >> Okay. Thank you. Other questions for staff?>> Commissioner Cunningham. >> Thank you, Chair. Um, I think the packetanswers this question. Um, but is this building fire sprinkled?>> Yes, this building is fire sprinkled. >> Thank you.>> Any other questions for staff? >> Seeing none, thank you, Mr. Sherard. Uhwe will open the public hearing now and I will ask if there's anyone who wouldlike Oh uh before that I'm I'm told the applicant is here. So before we uh moveto the public hearing I would like to hear from the applicant. So thank youMr. Johnson and if the applicant could step forward. >> Hello.>> Good evening. >> Good evening.>> Peter is the applicant with the OCM license and I'm the building owner.>> Okay. Uh, is there anything you think we should know about your application?>> Um, doesn't need to be >> nothing specifically. Just uh with thesmell um the things we're going to be doing, which is mainly pre-rolls, umvapes and um edibles. Uh the edibles and the vapes don't there's not any smellusually with it in the first place. um the pre-rolls, which is what that uh theair scrubber they were talking about for mitigating the smell. We're putting inthat as a precautionary measure just in case um the smell is bad where it wouldneed it, but we're just um we'll fix whatever smell there is ifit's needed. >> Thank you very much. Yeah, I think Ithink the only other thing you guys might want to be aware of is that we'veactually been making edibles [clears throat] in the building for overa year now and we've had no complaints about smells. And so the only thingbesides the pre-rolls that Peter's adding, the the edibles are changingfrom hemp based oil to a cannabis based oil. So it just takes less plants tomake the same oil. Um so we don't anticipate any smell at all with theedibles. And like >> just the same oil as the ediblestypically. >> Yeah. So the vapes just use the sameoil, right? And then so the only thing that's really new that you know wethought could smell but perhaps would be the pre-rolls and then um so Kareem kindof brought that up and we're like hey it's good idea. Let's you know put afiltration system in. >> So we trying to stay ahead of that.>> Very well. Any questions for the applicant?I have a question and forgive my ignorance. What is a pre-roll?>> Uh, so that's just going to be you have the cannabis flour>> joint. >> Yeah, you it's it's a prepackaged flour,so you can smoke it right away essentially.>> Very well. Any other questions for the applicant?>> Thank you very much. >> Yes,>> no problem. >> We will now then move to the publichearing and I'll ask if there's anyone in the chambers who would like totestify. Good evening. Good evening. Uh my nameis excuse [clears throat] me. Uh my name isTom Highland. I am the corporate facility manager for the Toro company.Um and on the map we are actually locatedwith 38 acres north of this. And what's missing from the map is we only the twoparking [clears throat] lots across the street to the east as well. Um, mycomment 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.Um, while we have ample parking across the street, city ordinance [snorts]makes us unable to allow others to use any of that parking. So, I would justbring that up. So, if you guys want, you can investigate that. But uh having beencited in the past for allowing my neighbors to use my parking lot, I'm notgoing there again. So [snorts]>> that was it. Any questions? >> Nope.>> Thank you very much. If you could sign in for us.>> Would anyone else like to speak to this item? >> Miss Brown, is there anyone online?>> All participants online are staff. >> Thank you.Last call for anyone who'd like to testify on this item. Seeing no one coming forward, I'll lookfor a motion to close the public hearing.>> So moved. >> Is there a second?>> Second. >> We have a motion and a second to closethe public hearing. All those in favor say I.>> I. Opposed. That motion passes 70. And we'll move on to discussion. Commissioner Cunningham.Thank you, chair. Um, I uh taking this application aside for asecond, just addressing some public commentary. I think that that would thatsharing of parking lot facilities that are underutilized would be a greatmiscellaneous issues ordinance update or maybe devote some staff time to it if wehave any left. Having we just got the work plan approved. I know we have apretty full year. Um, but love the public testimony. Uh, back to theapplication in front of us. um seems like an existing business that'soperating uh manufacturing a majority of hemp derived products if I'm saying thatright um and switching to cannabis derived products uh chemically similaror the same um so I and the applicant working with um staff on the airscrubber I think was a good gesture uh overall I think I can can make therequired findings here and am in favor of this thank you Thank you,Commissioner Cunningham. >> I too am in favor of this. Um I'm I I'mnot too concerned about the odors. Um recognizing uh that the applicant hashas taken responsibility for that, which uh I think is great and I do appreciatethat. And we have other we have other businesses in this community that thatmake smells and it's to the the discussion earlier, there are otherindustrial facilities that have air scrubbers and restaurants that have airscrubbers. uh there are commercially available things to address this verysituation and I think the applicant has stepped forward and is providing that asas part of their uh application. So I think that's that's great and I don'thave other concerns with this business and uh um I'm in support. CommissionerLen, >> thank you chair. Um, I think this is aquestion for staff probably. Um, but recognizing that this is such a newindustry, um, and recognizing and we did receive, um, you know, uh,correspondents from neighbors about concerns and recognizing that thisparticular request is different than the previous request because it is muchcloser to residential properties. I'm wondering what the um if the staff hasspoken to any other communities and gotten feedback from if there's been anyother communities, neighboring communities perhaps who have themanufacturing, particularly if it involves the pre-rolls, themanufacturing this clo in this close of proximity to residential areas and whatwe've learned their experience has been because ultimately what my concern is isthat we move quickly on this only to find out it becomes a much biggerproblem down the road. The applicant has invested money and then um we have tofigure out a way to undo it. Um so I think it'd be useful to know more aboutthis and based on planning uh director Johnson I feel like there's an answercoming. >> Mr. Johnson.>> Yeah, Chair Cook and Commissioner Lenny, thank you for that question. Actually,it's uh being led by our building official. Um and so what they're doingbecause they are uh working with the mechanical code and work directly withthe air purification systems is that they have reached out to um a contactthat they have that has experience in the industry in Colorado. And so one ofthe conditions of approval uh there's actually two conditions associated. Oneis that the building official approved the system prior to the building permituh being issued. And so she's doing some research. She's reaching out to herparty. She's going to be reaching out to you soon uh should this go forward umabout the system that you're proposing. But yes, she is seeking uh professionalassistance from uh professionals who have more experience in this industry.Um and then second to that, an additional condition that we think isimportant to add, which has not always been typically the case with odorsystems, again due to the proximity, is that staff also have a role uh ensuringthat the system is installed and is functioning properly prior to acertificate of occupancy. So we feel like we have a belt and suspendersapproach to it. But yes, we uh we do going to or we do want to reach out toprofessionals in other states who have more experienceplease. >> And this might actually be for attorneyTuski. Um if so obviously once this is approved, if the current applicant wereto sell the business to someone, they could do the same business. Correct. Sothen it becomes if the subsequent owners and whatnot do not want to do this, thenit becomes a compliance issue. Correct? Because once the permit is issued, theparticularly the building permit um and the operating permit, then they canoperate indefinitely or are there periods along the way where it'sreinspected and they have to get the permit renewed so if they're not incompliance. Does that make sense as a question?>> Yeah. [laughter] >> Okay,>> it does. Mr. >> Uh Chair Cook and Commissioner Len. So,uh there are some provisions in code that just deal with nuisance, right? Andso some of that can deal with odors. And so if the system is not functioningproperly, uh we could use those provisions uh with a future operator, adifferent operator, uh to kind of address that issue. One of thechallenges I will say with smells is that it is a very subjective uh arena.Um some smells that are offensive to some people uh are not offensive toothers. Some smells are more intense to some people than they are to others. Umso it is challenging in that respect but I do think that there is uh goodattention paid to the fact uh that you know the use does run with the land. Soas long as they are operating um they are allowed to do so. But if say let'ssay their system stopped functioning from my perspective then that would bein violation of the conditional use permit because there is conditions tiedto having a order mitigation system. >> Great. Thank you.>> Yeah I mean commissioner and uh sorry chair and commissioners um the cup wouldrun with the land right. So if a new owner came in or a new operator came in,they could take advantage of that. If they discontinue the use for more than ayear, the CUP goes away by operation of law. So there no longer be that right todo it if the business discontinues. So a lot of businesses, that's what happens.The new tenant moves in and then the cup just expires automatically with a newuse. So um as long as they're continuing thatuse within that year, a new tenant could take advantage of it in perpetuity.Um, you know, there's a lot of regulations in the state, rules as faras security. There's even odor rules in the state law, but that's all to theirlicensing. So, to maintain their license, they need to keep on the up andup with the state as well. And if they lose that, then they can't operatelegally anyway. So, the state will be an active partner in this as well,hopefully. Um, we're thinking [snorts]shots fired. >> Other thoughts on this application? If none, I would entertain a motion.Commissioner Cunningham. >> In case PL202500181, having been able to make the requiredfindings, I move to adopt a resolution approving a conditional use permit for acannabis manufacturing facility at 8200 Grand Avenue, subject to the conditionsand code requirements listed in the resolution.>> Is there a second? >> I second. We have a motion and a secondto approve this conditional use permit for a cannabis manufacturing facility.Any further discussion? All those in favor say I. I.>> Opposed. That motion passes 70. This is the final decision of the planningcommission unless an appeal is received by the city council by 4:30 p.m. onJanuary 20th. Thank you very much. We will move then to item number threewhich again is a public hearing for a variety of things includingreguiding reszoning preliminary and final development plans preliminary andfinal type 3 plat for a fourstory 180 unit multif family residentialbuilding on Lindale Avenue South. Miss Emily Hespek is here with a staffreport. >> Good evening chair and commissioners. Umyes, I am here to present tonight. And I just also wanted to note um that KirkRoberts, traffic engineer, will be presenting a couple slides later on inthe presentation. Okay. So, the proposal is uh Real EstateEquities is proposing the redevelopment of six parcels along Lindale Avenue intoa fourstory 180 unit affordable multifamily development. The unit mixincludes 36 one-bedroom units, 104 two-bedroom units, 40 3bedroom units umwith affordability levels ranging from 30 to 70% um area median income. Theproject includes below grade parking and on-site amenities such as a fitnessroom, children's activity space, a community room, and a centrallylointernal courtyard with playground and patio area. The site is currently comprised of sixparcels with varying land use guidance and zoning designations, including twoparcels associated with the existing Wixon jewel jewel retail site and fourvacant properties. The application proposes amending the comprehensive planguidance for 9955 Lindale A from general business to highdensity residential andreszoning all six parcels to RM50 plan development to allow for a unifiedhighdensity residential project. The proposed development results in aresidential density of approximately 47 units per acre and requires approval ofpreliminary and final development plans as well as type three preliminary andfinal plat. As far as reuiding goes, um the subjectproperties at 10001, 10009,10007, 1027, and 1029 Lindale A um are alreadyguided for high denstory residential land use and they've been guided thatthrough multiple comprehensive plan iterations since at least the year 2000and are currently vacant or again part of Wixen Jewers. The remaining parcel at9955 Lindale A is guided as general business. So the proposed amendment toreguide uh 9955 Lindale to highdensity residential would align the site withsurrounding land use patterns in the proposed multif family development.Staff evaluated the request against comprehensive plan policies and relevantarea plans including the Lindale Avenue suburban retrofit plan and the 98thStreet station area plan. The proposal is consistent with plan policies thatencourage redevelopment and higher intensity land uses along arterialroadways, support the development of affordable housing, particularly atdeeper affordability levels, and promote highdensity residential development neartransit. The site is located along Lindale A and Arterial Roadway andwithin one quarter mile of the Orange Line BRT 98th Street station. Theproposed regiding supports the vision of creating a walkable transit supporteddevelopment pattern in this corridor. All six properties do require reszoningto accommodate the proposed multifamily development. The parcel at 9955 LindaleA is proposed to be reszoned from B2 general commercial to RM50 planneddevelopment while the remaining five parcels would be reszoned from R1 singlefamily residential to RM50 plan development. The RM50 zoning district isthe most appropriate district for the proposed development as it allowsresidential densities between 20 and 50 units per acre. The proposed project'sdensity of appro of approximately 47 units per acre falls within this range.Assuming approval of the comprehensive plan amendment to reg 9955 Lindale tohighdensity residential, the RM50 zoning district is also consistent with thefuture land use designation. The comprehensive plan identifieshighdensity residential as accommodating multi-story apartment development atdensities well above the proposed project. While the site is not locatedwithin an area specifically recommended for resoning in the 90th Street Stationarea plan, the plan does identify prop the plan identifies properties closestto the transit station as having the highest redevelopment potential andsupports increased density and improved pedestrian access in these locations.Reszoning to RM50 supports these transit oriented development objectives.Finally, the applicant is requesting limited flexibility from certain zoningstandards, including front setback and rear step back requirements. Theserequests necessitate the plan development overlay, which allowsflexibility when it provides a public benefit and remains consistent with theintent of the zoning district. These requests are addressed in greater detaillater. Staff identified a few landscaping andscreening items that will need to be addressed. The current plan proposes 59trees which does not meet the minimum requirement of 68 trees. In addition,required 3-ft high screening for the parking areas that are adjacent toLindale Avenue um is not shown along that west side of the site. Um, and thenseparately on this plan specifically, I did want to point out that this planshows there's a sub ground uh storm water chamber underneath the surfaceparking lot, and there also is a water line that runs through the proposedparking lot. Uh lastly with landscaping andscreening. While the proposed trees along Lindale Avenue support streetscapegoals of the Lindale Avenue suburban retrofit plan, adjustments to treeplacement or spacing may be necessary to accommodate fire department accessrequirements. As far as building and site design goes,the building meets required side and rear setbacks. However, the applicant isrequesting development flexibility for the front yard setback and rear yardstepback requirement. These requests are discussed in the next slides. The applicant is requesting developmentflexibility for the front yard setback um as shown in on the screen. While thezoning code requires a 40ft front setback, the proposal includes a reducedsetback with a minimum of approximately n 19 ft um varying along the buildingfrontage, which you can see in this image. Staff [snorts] is supportive ofthis deviation as it provides the public benefit of strengthening the building'srelationship to Lindale Avenue, improving pedestrian access, andreinforcing the corridor's urban character. Additionally, placing thebuilding closer to the street increases separation from existing lowdensityresidential uses to the east. The applicant is also requestingflexibility from the required residential stepback standard. Thezoning code requires a one one step back from the nearest protected residentialproperty line based on building height which would require a 43 ft step backfrom the rear property line. The proposal is 30 ft. Staff supports thisdeviation as a submitted shadow study demonstrates minimal impacts on adjacentresidential properties and the building design incorporates a flat roof tominimize height impacts. Overall, staff finds that the requested developmentflexibility meets the public benefit test because the reduced stepback allowsfor greater development density supporting additional housing along anarterial roadway near transit, consistent with the Lindale Avenueretrofit plan and the 98th Street station area plan. Um, additionally anote that the planning commission has recently recommended that city councilapprove edits to the city's height map. Um, and if these edits are adopted, thechanges would negate the need for the step back flexibility in thisapplication. Um, with 180 units, 16 affordablehousing units at 60% AMI or below are required to comply with the opportunityhousing ordinance. And this project does comply with that. The applicant isproposing four units at 30% AMI, 13 units at 50% AMI, 138 units at 60% AMI,and 25 units at 70% AMI. The OO incentives on the next screen, oh, onthis screen will be applied to the application and will be discussed next. The development is required to provide300 square ft of usable open space per dwelling unit totaling 54,000 square ft.With the opportunity housing ordinance incentive, this requirement can bereduced by up to 25% resulting in a required 40,500 ft. The proposalprovides approximately 41,600 ft of usable open space meeting thestandard. This includes 12 private balconies on units along the west sideof the building which contribute to the overall open space calculation.Additionally, the proposed fourstory building approximately 43 feet in heightcomplies with the city's height regulations when the applicable OHOheight bonus of four stories or 60 ft is applied. As far as parking goes, under the basezoning, 346 total parking spaces, including 180 enclosed, would berequired. With the OO incentives, there can be a 15% reduction in total parkingspaces and an allowance to convert up to 50% of enclosed spaces to unenced. TheOO adjusted requirement is 295 total spaces with 90 enclosed. The proposalprovides 318 total spaces, including 164 enclosed, meeting the OO adjustedparking standards. For exterior materials, the proposedbuilding materials include brick, aluminum panels, fiber cement, masonry,veneer, and composite windows. Brick, glass, and metal panels are consideredprimary exterior materials with the metal panels subject to additionalreview. Um, fiber, cement, and masonry veneer are classified as secondarymaterials. With the use of OO incentives, up to 75% of non streetffacing facades may consist of secondary materials. The proposal meets thesestandards. The west elevation, which is facing Lindale A, does not have anyincentives and does not need any. Um, as far as plotting goes, platting isa routine component for this type of application and it would be combiningsix parcels into one. Um, the plat is proposing to dedicate land for theLindol Avenue rightway and the preliminary and final plat meet relevantzoning standards. Park dedication park dedication fees for the development areestimated to be $310,000 approximately and conditions pertainingto platting, park dedication, and easements are included in the proposedconditions of plat approval. Um, and then I just I did just want tonote we received four pieces of correspondence today related to thecase. You should have those in front of you. Um and then the correspondentstouched on a few different topics. So the setback flexibility, environmentalissues, pedestrian connectivity, height, traffic and parking. And I will gothrough some of those things specifically on the next slides.So, as far as the um environmental concerns go, the left side of the screenshows a zoomed out view of the Lindale Avenue super fund site. Um and the rightside outlines the subject properties. Um so from this you can see that theproperties are not part of the super fund site per the Minnesota PollutionControl Agency. Um, as far as pedestrian connectivitygoes, um, there are existing public sidewalk connections from where theapartment building is proposed to be built to the Orange Line stop. So, thisscreen is showing a potential route, uh, where you could go north up Lindale andturn left onto 99th Street, walking along the public sidewalk on the southside of 99th Street to get to the Orange Line stop.And then as far as the drive lane um driveway location goes for the proposedbuilding, uh the driveway proposed is to be moved approximately 20 ft north ofthe existing driveway. So um this would actually move the driveway slightlyfurther away from the existing um nativity of Mary's driveway. [snorts]And with that, I'll have Kirk Roberts come up. Good evening, Mr. Roberts.>> Good evening, Chair Cookton, commissioners. Thanks for your time. Um,just to touch on a couple notes about traffic and transportation for thisdevelopment. So, the the development itself is gen is expected to generateabout 866 trips. Um, and in context, trips are hard to understand for a lotof people. You just don't it's not something you encounter dayto-day. Um, asingle family residential home generates about 10 trips a day. A small restaurantcan generate 1 to 200 trips a day. Mega big box stores can generate between 7 to10,000 trips a day. So, this is on the on the small to moderate side of tripgeneration. The other thing that we look at on any new development is what arethose trips coming into? What's the road conditions? Lindale Avenue in thisvicinity has about 7,000 vehicles per day. in context. Um that's that's prettylow for most of our collector arterial network. That's a fairly low number oftrips. Um the section that this is um on right now in Lindell is four lanes.Four-lane roads can handle um well over 20,000 cars a day before we startworrying about capacity. There are plans to change the lane configuration on thisroad and I'll talk about that in a little bit but they're uh looking at soso we have the trips what they're going to don't see any real issues there thatneeding that need study where we get concerned and where we want additionalstudy or when we have those very large trip generators putting traffic ontovery high volume roadways. And so you can imagine the worst case would besomething like a very mega big box store putting trips onto a road with, youknow, 20,000 cars a day. That might warrant a traffic signal. And so we'dwork with that developer, would study that, would work with that developer tohelp pay for that traffic signal to mitigate the impacts of theirdevelopment. We don't see those kind of conditions here. Uh looking at thesafety in the area, there's no crashes within five years anywhere along thesecond this section of Lindale Avenue. The closest crash I could find was at102nd Street far to the south there. Um one single vehicle crash. Thethere's no crashes that we could find. Um in fact, we searched the the the wehave a access to dispatch. These are calls to 911 for emergency services.Sometimes crashes happen, but they don't merit a formal state report. Um, butthey're often called into our dispatch, our emergency services. We looked anddidn't find anything for that on Lindale. That there's a couple crashesin a parking lot nearby, but there's no other calls for service in this area.So, um, and that includes bikes and pedestrians.the um and so there's no known safety issues there that need to mitigate thatthis development could contribute to which is another area we like to studyif we have some concerns that this is going to start leading to a pedestriansafety issue we certainly want to study that uh we don't see that in this areaand we're not expected to see it with this development there's a pavementoverlay on Lindale in 2029 and so I want to touch on that a little bit becauseone of the other things we look at is how does this development affect ourplans for the future it was touched on the Lindell retrofit plan, uh thecomprehensive plan, the city has numerous plans that affect these typesof corridors. If you could advance one slide, Miss Hesbeck. And so right now,Lindell to the south of 102nd Street is a threelane section that was converted afew years ago. Three-lane sections work wonderful. They're they're much saferthan their four-lane counterpart. The long-term plan is in 2029 when this roadis to be overlaid that we would look at um advancing that threelane section upto at least 99th Avenue near the park and ride. That'll be part of acomprehensive study. The planning commission always weighs in on those. Soum we'll hear more about that as it approaches. Um this development in termsof the trips it generates wouldn't hinder those plans. is not adding enoughtraffic to make a three-lane prohibitive in this circumstance. So, we don't seeany problems there. One other issue that was studied uh in 2023, some of youprobably remember, we brought forward a study on the interchange at 35W at 98Street. That also included some plans for Lindell Avenue.Um, and one of the things that this corridor has, it has a lot of lanes, alot of space, more than it needs in many cases. And so it's it's a corridorthat's not very pedestrian friendly. So we came up with a plan for Lindale at98th Street to make it a little more pedestrian friendly, reduce the numberof lanes, make the crossing distances shorter.The intersection now operates at a satisfactory level of service. There'sno um 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 whatwe want to do on these city and county roadways into the future. So long storyshort, uh the development as proposed is expected, the traffic from thatdevelopment is expected to be handled by the existing infrastructure. No newsafety or capacity issues are expected with this development. So and I'll behere for questions as part of your deliberation as well as uh otherengineering staff. >> Thank you, Mr. Roberts.>> Thank you. And so with that, um, staff does recommend approval. Uh, we have themotions on the screen. I'm here for questions and the applicant is alsoavailable. >> Thank you, Miss Hespach. We'll move thento questions for staff. Commissioner Cunningham.>> Thank you, Chair. Um, Miss Hespach, uh, question just clarifying one. Stormwater detention tanks are located under the surface parking lot and containedwithin the site off to city storm sewer. >> Chair uh Commissioner Cunningham. That'scorrect. >> Thank you, Commissioner Muster.>> Just a couple of questions. Um the first there's the note and I believe youmentioned it in your presentation as well. Excuse me, that the drive lane onthe northwest corner of the site is 18 feet. has to be 20. Uh, can they do thatwith the existing plan just shift things or is that a much more complicatedsolution? >> Uh, Chair Commissioner Monster, um, I dobelieve we talked to we as in planning staff talked about it. Um, and itdoesn't seem like it would be complicated. They might lose about twoparking spots. Um, but it is possible. >> Okay. And if I may, please. Um, just oneother question. You mentioned um, regarding the plat that it includes adedication of rightway. Is that something that was required previouslyand sort of never happened since the area was originally platted or is that anew requirement and and what is that exactly mean for the space available inthe rightway? >> Chair, Commissioner Monster, um I'mgoing to let Planning Manager Johnson take that one.>> Mr. Johnson. >> Yeah, Chair Commissioner Monster, thanksfor that question. So, because we have uh effectively six different parcels,they were platted at different times. So the rightway dedication would have beendifferent depending on the era and vintage that would which they'replatted. So it just so happens that a few of them have to dedicate sevenadditional feet. So it's not significant amount but again we have differentstandards for an arterial collector road than we would for a local road. So theyjust never did that dedication when they were platted back when. Yep. Other questions for staff seeing none. I do believe the applicantis 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 AlexBzans. I'm a development partner with Real Estate Equities. And um you know, Idon't have a formal presentation. uh staff did a great job kind of goingthrough the entire project and um you know I'm happy to be here as a voice toanswer any questions that come up. Um we've got our architect here uh fromurban works as well as our civil engineer as well. So you know they canaddress any kind of design related questions that might come up as well uhas any uh civil engineering questions that come up. So, um, you know, I, uh, Icould tell you guys a little bit about Real Estate Equities and the company ifthat would be helpful. Um, so Real Estate Equities has been around since1972. Uh, it's a company that's based in St. Paul, Minnesota. Um, you know, thetoday the company owns and manages about 5,000 housing units, uh, multif familyhousing units. Um, the majority of those are here in the Twin Cities. Um, we'vealso developed some projects in Rochester, Minnesota. Um, and about fiveyears ago, we expanded into the, uh, Phoenix market, and we've done someprojects, you know, in Phoenix, too. Um, you know, we self-manage all theprojects that we build. Uh, you know, we're our intention is to own theseprojects for 30 years. Um, the, uh, projects that we're building areprimarily workforce housing in nature, similar to this project that we'reproposing. Um, you know, all of the projects, frankly, that we've built overthe last, you know, probably decade or so have been, uh, had an affordableaspect to them. Uh, many of which have been similar to this, uh, 100%affordable projects. Uh, both senior housing as well as, uh, workforcehousing that's more, uh, larger unit styles, uh, family housing. So, um,that's [clears throat] just a little background on us. Um, again, I'm here toanswer any questions and appreciate your time. We're very excited about thisproject and appreciate the consideration.>> Thank you, Minister Pzant. Any questions for the applicant? Commissioner White orLen, sorry. >> Thanks. Thank you, Chair. Just one quickquestion. Uh, have you done work in Bloomington before or is this your firstproject in Bloomington? >> This is actually our first project inBloomington. >> Any other questions for the applicant?Okay. Commissioner Cunningham. >> Thank you, Chair. Um, this might be aquestion for your design staff. >> Sure.>> Apologies. Um, was any consideration giving given to screening on the eastside of your surface parking lot uh beyond the landscaping that is provided?>> So, that's a good question. Um, you know, and we it's interesting. So, we wedid get a call from a resident this week whose home is directly behind the site,and she had actually asked about fencing and what the plan kind of was forfencing. Um, and so what I had told her on the call was that we were happy tobuild, you know, a nice high quality vinyl fence that kind of spans theperimeter of the east side of the site. Um, you know, in addition to that, dosome natural landscaping buffers. Obviously, we're going to try to keep asmany trees there as we can as well. So, in terms of screening, you're talkingabout basically the the northeast side of the parking lot.>> Uh, correct. And then also where the a car would turn into the undergroundportion. >> Yeah, that's a good question. You know,Dave, I may ask you to come up and just kind of address that. Dave's with UrbanWorks Architect. So, thank you. Yeah. Hello. Uh David [clears throat] Hollandwith Urban Works Architecture. Um and yes, there is a fence and I thinkthere's already some existing fences um that were on the rest of the property.So, but the request is to continue on. So, yeah, we can we can continue that umthat fence. So, >> thank you.>> Any other questions for the applicant team? Seeing none, if I could both have yousign in for me, please would appreciate it. And with that, we will open the publichearing now. As a reminder, we do have a time limit of three minutes uh forpublic testimony. So, uh, thank you for your attention to that on the clock upon the wall which will get teed up. If there's anyone in the audience whowishes to testify this item, please step forward. Good evening. Good evening, BlakeNicolay. Uh, you could see my name up on that uh, plot plan that you had. U, weown the property to the northeast um, directly where the parking lot isintended to be. um right where they're the cars are going to be turning in. UmI did send an email earlier to Emily. Uh I apologize for the late uh notificationon that. I did have a couple of questions uh regarding that. I'll makeit quick. Um you addressed the tree coverage already. Um that's going to bea one:1 ratio. I I'll give you a little background on myself. I do commercialdevelopment across the upper Midwest. Um, and these are standards that I'mheld to to these developments. So, these are my questions. Um, it's usually a oneto one ratio. Shielding from commercial or highdensity uh housing to residentialhousing is required for headlights if they're entering into any one of thewindows. Um, and the parking lot reduction. Um, typically if there's nobarrier in between a residential street where individuals can park and a parkinglot, if there's too many people that are driving cars, they'll park on thatresidential street and they'll walk through resident res residential yardsto get to that house. Um, that I want to make sure we prevent. Um, I've hadproblems with people breaking in to stuff from the bus line and whatnot. Umand the fencing would it at minimum would be required to minimize any entryfrom this property to our properties. Um secondly, the traffic considerations. UmLindale is a two-lane road just south of this property. It's not a four-laneroad. It converts into two with a turn lane in the center. Um, and there are alot of buses that come from Burnsville and come down from Bloomington in themorning and in the afternoon is a very busy road. Um, so that's the majority ofwhen these people are going to be coming home. So take that into consideration.I'm not opposed to redeveloping or broadening our horizons in inBloomington. However, I just want to be safe and and minimize the acquiescenceof any of the code manipulations that we have regarding the setbacks and theparking. You know, it you don't you don't get 20 different variations tothose. You know, you get one or two acquiescence, but it's it's notmultiple. So, that's all I had to say on that. Thank you.>> Thank you. I think if you're signed in once, you'reyou're okay. Uh would anyone else like to testify? >> Good evening.>> Good evening. Uh my [clears throat] name is Chris Deedson and uh I'm appearingfor um Nativity of Mary Parish and the school. Also with me is uh Pastor BillDuffert and the chairs of our finance council Pat Clancy and our parishcouncil uh Steve Castalinda. And if I added all their time together, I wouldhave almost 15 minutes, but I'm only going to take three. Okay. Um the whatwhat I want to focus on is maybe just to answer some of the questions thatuh came up. Uh we're concerned uh about uh traffic congestionuh the transit uh connectivity to the apartment complexuh the environmental and we've put that in our letter. Um there were uh we alsolisted what we thought were the relevant findings that you have to make and uhwe're concerned about what is the benefit to the uh surroundingneighborhood to go from 40 to 19 ft as a setback. I heard the answer from theplanner, but with respect, I don't think that does anything to benefit theLindale Avenue corridor and what the the sense of uh neighborhood and communitythat we have in that area. The the second thing I want to point out is thatthe traffic study that you heard is a vanilla. Here's the numbers. Here arethe stats. But the the traffic engineer uh doesn't live with the trafficcongestion that we experience when we're having kids come to school and we havepeople that are coming to go to church. Uh and during those peak periods,there's a lot of traffic and there's a lot of wait times to turn left in orleft out. uh and those sort of traffic concernswhen you combine and add the combined effects of adding an apartment buildingand people from the transit station accessing to go to that apartment on topof the other people that are already there creates a lot of congestion andyou're going to have people walking where they're not supposed to be andthat's that's the the big problem that we have. So for exampleum when the transit station was put in place we started keeping records butsince September of this year uh we had three uh interactions that calledrequired the police department to come and help us because people from thetransit station were going uh cutting across our property uh to get to Lindaleand to go to the bus station to the south. you're gonna have more of thatand you're there's no way to direct that traffic right now. That's why there's noconnectivity. Umthe environmental I'm sorry I'm running uh I would just say>> wrap 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 environmentaluh that property uh whether it's in a super the superfund site or not our property is we've been working with the PCA the PCA isdoing testing on the rightway on Lindale Avenue so this is not a uh a dream ofsomething that has happened is happening and that plume is moving in a southwestdirection. We have concerns. We don't we're nothere to say stop the project, stop the project, but we'd like to have theopportunity to uh meet and work out these traffic and transit issues uh sothat we can uh work together so that we don't have these congestion issuesexacerbated. Thank you. >> Thank you. And if you could sign in forus, please. >> Yeah.>> Thank you. And I'm sorry, I didn't mean to overstaymy welcome, but if anyone has any questions, I'm happy to answer. >> Would anyone else like to testify inthis item? >> Good evening.>> Uh, good evening, Mr. Chair, other members.My name is, uh, Dan McGra. I own the Gil Funeral Home directly to the north. Uh Iuh also own the property as well. I want to be uh clear my concern withresidential development or affordable housing as a concept. I I am not againstthat. My concern is with specific D design choices being requested here,particularly the reduced setbacks and increased building height and whetherthose departures are appropriate for this location. Bloomington zoning codeindicates setbacks, stepbacks, and height limits for a reason. They existto manage compatibility, provide transitions between different land uses,and reduce impacts on neighboring properties, which would be ours. In thiscase, the applicant is requesting discretionary flexibility to thosestandards through a plan development overlay. That flexibility is notrequired to follow development. The site has already guided and proposed to bezoned for highdensity residential use. The applicant has not demonstrated thatcomplying with standard setbacks or height limits would prevent reasonableuse of the property. Instead, uh the request appears to be driven by designefficiency, unit yield, not necessity. I would alsonote the applicant is not requesting tax increment financing or other public uhfinancial assistance. This is a land use request only because there is no publicfinancing component. There's been no demonstration that the reduced setbacksand increased heights are financially necessary to make this project viable.Reducing setbacks while also increasing height intensifies impact at theproperty edge. It removes the buffer or zoning code is intended to provide andshifts the burden of those impacts onto adjacent properties. as the owner of along-standing uh serviceoriented business next door since 1961.Our family has been in business since 1889. So, we're not a fly by nightoperation. Uh those impacts are real and operational, not the um the theoretical.Plan development flexibility is discretionary and should result inimproved compatibility. In my view, this proposal does not does the opposite. Itprioritizes internal project goals while weakening transition to surroundinguses. Highdensity housing can occur on this site without pushing the buildingcloser or taller than what the code already allows. For these reasons, Ispecifically ask that the commission deny the request setback and heightflexibility or require the project to be revised to meet standard zoningrequirements. Thank you for allowing me. >> Thank you. if you could sign in for us,please. Would anyone else like to testify onthis item? >> Miss Brown, do we have anybody online?>> All participants online are staff. >> Thank you.>> Last call if anyone would like to testify on this item. Seeing none, I will look for a motion toclose the public hearing. >> So moved.>> There a second. >> Second.>> We have a motion and a second to close the public hearing. All those in favorsay I. >> I. Opposed. That motion passes 70. Andthe public hearing is closed. We'll move to discussion.Um I would like to start with a question to Mr. Tosski. Um, can you speak to us alittle bit more about what it means to uh find a public benefit? That came up afew times. What is the planning commission allowed to find as a publicbenefit? >> Well, I can just read off what coatsorry commissioner chairs. Uh, this is part of the plan development overlaydistrict. So, when you have preliminary development plans, you're required orwhen you reszone to the plan development district, you have to get preliminarydevelopment plan approval. So, that's what's happening here. So the intent ofthe plan development overlay district is to promote creative and efficient use ofland by providing design flexibility in the application of developmentstandards. Um it's to do that by allowing improved site and structuredesign allowing development on multiple lots as one coordinated site ensuringcoordination of phase development allowing the location of structuresfacilities 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 toparking access and storm water management infrastructure. So that's thethe language that comes right from code. So when something meets the intent ofthe planned over overlay development plan development overlay district andyou find a public benefit you can um grant flexibility to city code standardsor recommend that the city council does. So those are the findings that wouldhave to be met. Now whether they are requesting public financing or not thatdoesn't become any part of this calculus. It's public benefit and doesit meet the the intent of the plan development overlay district as a landuse. Um so that's kind of the rubric where you're considering this under. Soit'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. Itjust says public benefit. So, I wish there might be a little bit more, butthere's not. >> Mr. Johnson, do you have anything to addto that? >> Yeah, thanks, Sher Cookton. Uh, publicbenefit is typically uh thought of as benefit to the the broader public uh theroyal public, if you will, not just the kind of uh precise locality that theproject is proposed. It doesn't mean it can't have localized benefits uh tothose members of the public. Uh but a public good, many of those things aredefined in the comp plan in terms of what the goals, strategies, and actionsthat the city are pursuing. Affordable housing is a clear one uh in our planthat typically the city has relied on uh in terms of the definition of publicgood um that could be related more so to commercial or industrial projects.Employment for example could be a significant public benefit. Uh that itimproves local economic conditions uh can be a public benefit. Uh so there canbe many things that can qualify as a public benefit. There's not a price aprecise definition in code as uh Kevin uh mentioned. Um, so really it's up tothe planning commission and city council uh in terms of what factors they weighuh when uh evaluating what they feel uh the merits of the project are as itrelates to public benefit. Um hopefully that provides a little more context.>> Thank you. Um does this need to pass a but for test? This this developmentwould only uh would not occur but for the the overlay>> chair Kton it does not for the zoning approvals. I will note this project isseeking tax increment financing at the city and that uh aspect of the approvalwhich just flows through the city council. They're the authority withrespect to any type of action in that regard. Uh that does need to pass a butfor uh test >> but that that is not before the planningcommission. >> That is not germanine to the applicationthat you're evaluating tonight. That's correct.>> Chair chair commissioner. There's a separate public hearing required forthat. Uh notice would go out to the the taxpayers of the city publish notice ofthat. So there's findings that have to be met and statute has to be followed.So tiff follows its separate process. Some of that touches planning commissionwhen you look at how the tiff uh proposed tiff or red redevelopmentdistrict might um uh fit with the comprehensive plan, but that's the onlytime it touches the planning commission. Everything else is a city councildecision on tiff. [snorts] >> Thank you, Mr. Tosski.Um, I did want to follow up on another piece of public testimony we heard umabout the tree coverage ratio. Miss Miss Hesp, can you or Mr. Johnson, eitherMiss Hesp, can you follow up with us on that?>> Uh, Chair Kton, um, I believe in the correspondence, the question was maybemore related to like replacing trees that are being cut down. Um, if that'sthe case, we don't have standards for that. in these zoning districts. Um ifit's related to more like tree uh buffers um for what's required for ourcode um screening the parking lot from the east side there is a fence proposed.Um, and then on the west side, screening the parking lot from the street uh doesrequire screening which isn't shown, but we have that as a condition, I believe.>> Thank you, Miss Husbeck. Okay, commissioners. Uh, moving todiscussion. We'll start with Commissioner Cunningham.>> Thanks. Uh, clarifying question for staff as it relates to the um pollutionmap shown on the deal. Was was that data sourced from the Minnesota PollutionControl Agency? Okay, excellent. Just wanted to make sure we were looking alllooking at the same flume of TCE. Thank you.>> That's correct for the record. MPCA,>> Commissioner Lay. >> Thank you, Chair. Um, this is more of aprocess back to a process question. So, this is approving the comprehensive landuse guide amendment and zoning reszoning.what are the various subsequent pro things that need to happen where thisproject will come before either the planning commission or the city councilvarious things like uh yeah >> Mr. Johnson.>> Yeah, Chair Cook and uh Commissioner Lenny, thanks for the question. So,right now they're just seeking the zoning entitlements. So, this is theregiduiding reasoning as you mentioned their site plan approval which isthrough the plan development preliminary and final development plans as well as aplat. So all of that can come through in uh one uh concert request um as part ofthe zoning entitlements. In terms of subsequent actions, uh the Met Councilactually has to sign off on the comp plan amendment. So one note there. Uhbut in terms of other actions, any type of financial package that the applicantwould be seeking to help finance the project as it relates to affordablehousing. Uh that would be through the city council. And as uh attorney Taskysaid, a separate hearing, separate process, separate approval. Uh, Ibelieve the applicant, they certainly can speak to this uh more uh accuratelythat can I uh but I believe they're also seeking financing for Minnesota housingand other sources. Uh putting a financial uh or a financing package fora project like this tends to be very complex um when it's a fully affordableproject. So, um those are not subject to the city of Bloomington uh at all.>> Thank you. >> Yep. Just to add to that a little bit,this won't come back to to planning commission under this form. So, you'rerecommending to council that they regu. You're recommending that they reszone.You're recommending they either um or I shouldn't say you're recommending theydo that. You could go either way. So, you're recommending one way or theother. I shouldn't uh shouldn't hedge our bets there, but um and you'rerecommending prelim preliminary and final development plan action on that aswell as the plat. So, that'll all go to council as recommendations up or downand 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 cameup during the community center uh as well is that oftentimes of a project ofthis scale there's always some elements that are refined or changed over time uhbefore they get a building permit and so I think that's one element of theprocess assuming that they can actually secure financing to proceed with theproject and assuming that the zoning entitlements are approved there's alwayssome design iteration helpful to the neighbors back and forth with respect tothe applicant of meeting all the code requirements meeting all the conditionsof approval um uh just to highlight that aspect ect to the process too.>> Great. Thank you, >> Commissioner Isa.>> Uh thank you, Chair. Uh so overall, I'm in support of the affordable housingaspect. I think it's uh much needed in the city and and uh I think this I livein the neighborhood, so I uh know the neighborhood very well. Uh and I as I'mdriving, I always notice like the empty lot. It's been empty for a while.Probably like at least two years now. Um there used to be maybe a old house onone of them kind of south. But uh and so I am in support uh and I do think italigns with the Lindel retrofit plan as well as the um comp the generalcomprehensive plan. Uh at the same time, I do think the pastor, I think Bill oror the gentleman who spoke that represented the church, um uh concernsare valid, uh as well as the funeral home owner. Uh and so I wouldadvise that kind of the city hears that out and and I guess uh come to a middleground and kind of address those concerns. Um, you know, growing up inthat, uh, neighborhood, we would always use the basketball court that's on thechurch. So, they never complained. They always let us use it. They've alwaysbeen nice. So, uh, I think it's important to address their concerns.And, uh, yeah, that's my take. Thank you.>> Thank you, >> Commissioner Muster.>> Thank you, Mr. Chair. Um I think this goes to what you were saying at thebeginning of the meeting regarding the fact that we are bound to our findings.Um and and we are very clearly directed at the things that we are supposed tolook at in making these decisions. Um again like uh my my colleague said weappreciate the the comments from the neighbors and I think that there is aprocess going forward from here where you can engage with the city council,you can engage further with the developers. Uh but as for our findings,I believe that the findings have been made for these requests. Uh and I and Iwould be in support. >> Thank you, Commissioner Mster. I have aa couple thoughts. Just one thing in general, and I'vebrought this up before, but I'm just not a fan of being able to count balconiesas green space. I 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 like And that's no fault to the applicant. weallow that, but I I think as a city we should re-evaluate that if it's notavailable to everybody. It's not truly green space and so um I brought out thatbefore. I I I'm not a fan of that. It's not a big deal. There's not a ton ofbalconies on this application, but uh not a huge fan of that. Um we heard anumber of concerns both in written form throughout the week in our inboxes andalso here this evening about um just general safety of the neighborhoodtraffic, people walking to the transit station.>> [clears throat] >> I wish we could police uh where peoplewalk and you know you can you can put a fence around everything or you can justtrust your neighbor that they're not going to do that and they probably aregoing to do it anyway. And so as much as I wish we could teach people to walkacross and not jaywalk and be safe and everything, uh I don't think we can. AndI don't think it's the plight of this applicant that that the general publiccuts across private property. That's that's not the applicant's fault. And Idon't think it's fair of us to restrict developments because of the way peopleare. And so, you know, I I'm someone who used to use that transit station everyday. I took that I use that transit station every day for like 5 years. Andso, I was there a lot. And actually, the bigger problem is to the north of therecutting across 98th Street is extraordinarily dangerous. Uh it'sactually much, you know, if somebody's going to cross somewhere, I'd ratherhave them crossing down here on on this lower section of Lindale than whatpeople do up on 98th Street. that scares me significantly more than what we'retalking about here. And there, you know, on be, you know, in defense of the thestaff recommendation, there are crosswalks. There are marked crosswalks.There is a safe route there. And so, um, you know, I can support it. I wishpeople didn't walk where they shouldn't, but they do. Um, and to CommissionerMuner's point, uh, we do have findings to make on this, and I'm able to make,uh, the findings. The one that gets um you know the most attention for me isthe the final finding um which is whether this n whether this developmentwould be injurious to the surrounding neighborhood. And we've talked aboutthis before specifically when the community center came up and there was alot of community concern about that as well from the neighbors. And I think youhave to make a differentiation between um will this impact surroundingneighborhood or will it be injurious? Will this impact the surroundingneighborhood? I think it will. I think you'll see an increase in traffic. Icertainly think you'll see people walking to the transit station. Um, butis it injurious? And I'm unable to say that it would be injurious. Thiscondition exists all over the the city where you have apartment buildings wherepeople are walking to transit stations and walking to festival foods andeverything else. There's going to be more people outside. And although thatuh may increase the the opportunity for incidents to um occur, I don't find itinjurious. If I found this injurious, I'm not sure we could put up anapartment building anywhere in the city. We have 90,000 residents here and peopleare out on the streets and they're walking around. And I think you have tobe able to make the the differentiation between impact and injurious. And inthis case, I'm unable to find that it's injurious. uh meaning I can make thefindings making all of the findings thereby saying I am in support of thisapplication. Other thoughts? Commissioner Len.>> Thank you, Chair. Um first off, I'd like to take a m moment to thank the membersof the community for their testimony. Uh I think both the written correspondencewe received and uh the oral presentations we got today uh havereally given me a lot to think about. I particularly appreciate how openeveryone is and has been in their presentation um of their concerns to theover overarching goals uh of the city. And so thank you very much and Iencourage you to continue to remain engaged with the city if we approve thisbecause in my experience the team on the planning uh in the planning departmentreally does uh listen and take that feedback very seriously and it helpsinfluence our thoughts as well. Um I do agree with u my colleagues that I thinkthe findings have been met. Uh am and am inclined um to support uh these twomotions. >> Thank you, Commissioner Len. And I I didwant to make one other point because there we are also asked to find a publicbenefit uh by approving the the plan development overlay. And I am able tomake that as well. I do think there's actually significant public benefit withthis. For one, uh we we're a builtout city and we don't have a lot of housingstock available. And so, not only providing housing stock, but affordablehousing stock, I do think is a public benefit. I think having wider sidewalksto get through the um the neighborhood is a public benefit. And I think havingum development nearby the Lindell Avenue retrofit is also a planned um a publicbenefit. The Lindel Avenue retrofit I think is becoming the most successfulthing we've got going in this city. I think it's working better thanBloomington Central Station if I'm honest. And um I think the moredevelopment we see there that encourages further development of Lindale Avenueand a reinvestment and a reimagination of Lindale which I think is going to beof benefit to everyone in the city of Bloomington. So I am able to find thepublic benefit as well uh thereby um accepting the planned overlaydevelopment. Other thoughts on this application? If not, we have a host of motions to gothrough and I would entertain the first one. Commissioner Linn. Uh, in casePL2025198, I move to recommend the city counciladopt a resolution approving a comprehensive land use guide plannedamendment to reguide 9955 Lindale Avenue South from general business tohighdensity residential. >> We have a motion. Is there a second?>> Second. >> Any further discussion on the firstmotion? All those in favor say I. >> I. Opposed. That motion passes 70.Uh, in case PL 2025198, I move to recommend the city counciladopt an ordinance reszoning 9955 Lindell Avenue South from B2 generalcommercial to RM50 PD multiple family residential plan development and 1001 no10,0001 one triple 01 1 and 1 L Avenue growth from R1 singlefamily residential to RM50 multiple family residential plan development.>> Is there a second? >> Second>> motion and a second on this second motion. Any further discussion? Allthose in favor say I. >> I.>> I opposed. That motion passes 70. In case PL2025198,I move to recommend the city council approve preliminary and finaldevelopment plans for a four-story 180 unit multifamily residential building at9955 1 01 1 I think that's supposed to be 017027 1 Lindell Avenue South subject toconditions and code requirements attached to the staff report. Is there asecond? >> Second.>> 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 70. In case PL2025-198,I move to recommend the city council approve a type 3 preliminary plat andadopt a resolution approving the final plat to combine 9955,19, 1,027, and 129Lindell Avenue South into one lot subject to the conditions attached tothe staff report. >> Is there a second?>> Second. >> We have a motion and a second for thisfinal motion regarding the plat. Any further discussion? All those in favorsay I. >> I.>> Opposed. That motion passes. 70. In this case, the planning commission is arecommending body to the city council and this will go before the city councilas 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 thedraft planning commission meeting minutes from December 18th, 2025. >> Commissioner White,>> I move that we approve the meeting notes from Thursday, December 18th, 2025 asprinted. >> Is there a second?>> Second. There's a motion and a second on this application which I will noteabsent commissioners uh were commissioners summer monster and Isa allthose in favor say I. >> I opposed.>> Abstain. >> That motion passes 4 with threeabstinations. We'll move then to our final item, itemnumber five, which is the planning commission policies and issues update.Mr. Johnson. >> Thank you, Chair Cooken. As always,previewing upcoming meetings at January 22nd. That's next week. We'll have theuh agenda packet for that meeting published uh tomorrow morning. Um sothat'll be available to you all uh for the weekend. Um this is just nextThursday, of course. Uh we have uh five public hearings planned for thatmeeting. A conditional use permit for remote airport parking facility at Mallof America in East on top of the east parking ramp. Uh conditional use permitfor a motor vehicle repair facility at 9200 Lindale Avenue South. a conditionaluse permit for indoor agriculture for cannabis at 333 West 86th Street. Uh afinal development plan for parking flexibility for a retail use at 810134th Avenue South in the South Loop. And a public hearing uh for the city codeamendment missing middle housing uh phase 2 uh ordinance. So, five publichearings. Uh currently for the February 12th meeting, uh we're looking atpotentially cancelling uh that meeting and uh shifting a planned uh study itemto the subsequent meeting uh just due to a light agenda. So trying to consolidatesome things there. Uh for February 19th, we're looking at uh three publichearings and two study items. A public hearing for a city code amendment forthe city's fence ordinance uh standards update. uh a public hearing for finalsite and building plans and a variance for the city's salt shed and brinebuilding at 9721 James Avenue just to the north of here. Uh a variance for alot uh for lot with at 9211 Columbus Avenue South uh brought forth by theproperty owner there. And then the study items would be a study item of the uhdevelopment application fee study. This is a project that's been on our workplan uh for a bit and finally going to do some reporting back on thatforformational purposes and then a study item uh potentially at this meetingcould bump to the next um for the Bloomington uh comp plan 2050 uh kickoffuh presentation. I would also note related to that is that we're workingwith uh HRA staff and port authority staff uh and city uh management topotentially cobble together a uh joint meeting potentially with the HA board,the port authority and potentially the city council sometime in March. I'llreport back to you on that date soon um once it's finalized. Uh but that wouldalso be related to the city's comprehensive plan uh project and akickoff for that. Um, the only other update I have is that I know thank youfor your uh responses for the planning commission retreat. We're trying to uhfinalize the date for that and I'll be in touch with you very soon about that.I know you've been holding your calendars. So, thank you. I appreciatethe patience in that regard. That's all I have.>> Mr. Johnson, are you suggesting a joint meeting between all four bodies?>> Uh, that that has been discussed and it is a potential. So, I'll be reportingback on that soon as uh final as we can uh pull together or not. Hard to geteveryone in one place at one time, but we'll do our best.>> Is there precedent for that? >> I not that I know of. Uh we certainlyhave uh gathered the port authority and council and planning before H and Portand planning commission before. Um not that I'm aware of, but I think the compplan is a good topic to do it for. >> Indeed,this is an opportunity for planning commissioners to bring up anything thatwas not on this evening agenda. Would anyone have anything to discuss?Commissioner Cunningham. >> Thank you, Chair. Uh, planning managerJohnson, uh, watching, I believe it was the January 5th, uh, city councilmeeting, a lot of other boards and commissions, um, have, uh, city councilrepresentation on them. Has there ever been discussions about having a citycouncil representative on this commission?>> Mr. Johnson? >> Yeah, Chair Cooken, CommissionerCunningham, thanks for that question. I believe the city has discussed that inthe past. There was no proposal to put uh council on the planning commission umuh this past goround, but there previously was a member who served onthe sustainability commission. Um and there are two members of the council whoserve on the HA board as well as the port authority. Now those are a littlebit different because they're separate legal entities than the citytechnically. Um 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. Uh but I believethey're going away from uh city council members serving on uh sustainability. UmI echo the chair's previous comments around I you know appreciate the abilityfor this body to uh come to independent decision-m um and I think that that isvaluable. Some cities do have uh council members serve on the uh planningcommission, but just from my outside observation, I think it does create someinteresting dynamics at times um when one member serves on the city council onsome applications. >> Thank you.Thank you, Commissioner Isa. >> Thank you, Chair. I just want to saythank you, Commissioner Cunningham, for representing us at city council. So, Ijust [laughter and snorts] want to throw that out there. >> Commissioner Muster,>> um just a question, we don't often get um followup sort of once things leave usto know where where they end up. Just as a question, has the council taken actionon the park and go and park and fly applications that we saw a couple ofmonths ago? Um, and the reason I'm asking is because I know that has somebearing on that timeline that was set, >> you know, several months before that.Um, so just to know where we're going with it.>> Yeah, Chair Kton, uh, Commissioner Monster, thank you for that question.So, uh, that, uh, application has been effectively paused for some time whilethey were engaging in some discussion with additional discussion with staff.Uh, so they haven't gone on to the city council, uh, as of yet. They actuallycontinued their application to a date certain in March. And so, um, we've beenworking with that applicant on some potential, uh, discussion and policym,uh, related to their application. And if, if they amend their application, Iwould actually anticipate that that would have to come back through theplanning commission, uh, if it is substantially amended, uh, to rehearthat item uh, if it's substantially changed. So, that might be coming backto you. The application has not been resolved at this time. Yeah.>> Anything else? Chair, if I might make one I forgive mefor one last update here is just the the city council did approve the planningcommission work plan. Hopefully you saw that in your email inbox with theapproved versions of that, but they did take action on that at their uh January5th meeting. And yes, Vice Chair Cunningham did uh did a good pinchhitting job. >> Seeing no further comments, thatconcludes this January 15th meeting of the Bloomington Planning Commission.Good night.