I'll call to order to the order of the Chula Vista Board of Adjustment and Appeals meeting for Thursday, April 9th. And we will start with a roll call. Commissioner Forsyth. Commissioner Wiler. Here. Commissioner Sandu. Here. Commissioner Redding. Here. Commissioner Cheris. >> Here. Commissioner Vanderving. Here. Commissioner Robbins. Here. Right. Our second item on the agenda is the approval of the agenda. Do we have any additions? Any corrections? Madam Chair. Yes. I make a motion that we approve the agenda as as read. Okay. I'll second. Okay. So, we have a motion and a second. All in favor say I. I. >> I. Opposed, same sign. Okay. Motion carries. The third item is the recognition of the Board of Adjustment and Appeals of interested citizens for any item that is not on the agenda. So, does anybody have any concerns about an item not on the agenda? Okay. Seeing none, we'll go on to number four, general business. We have two items under general business. 4A is a public hearing for a conditional use permit for exterior storage at 1555 Maris Street for TK Marine. And uh Do we do a roll call for that? >> No. Motion. >> Motion. Okay. Madam Chair, I make a motion we open the public hearing for item 4A. Okay. I'll second. All right. So, all in favor, I. I. >> I. Opposed, same sign. Okay. Motion carries. So, you will have a presentation. So, again, this is a conditional use permit for exterior storage at 1555 Mirrors Street. This is the location. Applicant is TK Marine at the lot area is 22.86 acres. Property owner is Mirrors Street LLC. Zoning is I1 light industry mixed use employment center. TK Marine was previously part of an overall exterior storage CUP for the site that was revoked on February 5th due to one problem tenant. Property owner appealed the BOA's decision. On April 7th, the city council upheld the BOA's decision. TK Marine provides dock lift station removal services, snow removal services, and storage of boats. Applicant is proposing to store docks, lifts, boats, and snow removal equipment in a leased 60 by 120 area on the lot. And after several site inspections, TK Marine's space is always been neat and orderly. So, this is the area they're in this unit right here. And this is the area they lease for exterior storage. That's their interior unit. So, we recommend adopting resolution PC 2026-009, which approves a conditional use permit for exterior storage at 1555 Mirrors Street for TK Marine. Okay, thank you. Are there any questions? >> uh Madam Chair. Yes. Uh Mr. Kierski, just go back over this. We've we've had a a revocation that was upheld. And then this item. Walk me through why this is different and why it doesn't involve the initial uh action. So, Chair and and um Commissioners, previously there was one CUP for the whole site. And the one tenant in there violated it, so we had to shut the entire site. Now, now each of the tenants is going to be coming forward as they fill the space if they need exterior storage or vehicle repair or whatever for their own CUP, so that if they violate that CUP, not everyone in the building is then in violated out. All right. Thank you, Mr. Kiersky. Are there any other questions? Okay, is there anyone in the audience that would like to speak to this issue? Anyone? Okay. Um Madam Chair. Yes. I'll move we close the public hearing. Okay. I have one more question, actually. Yes. Go ahead. Go ahead, Commissioner. >> Uh on the overhead view that we had in the presentation, it shows the 60 by 120 area that they wanted to have storage. It looks like there's storage outside of that area. Do we know where that stuff is going to go? The other tenant that was the cause for the uh CUP revocation, the owner's in the process of removing their materials now. They've been evicted from the property. So, in this picture, it looks like boats, maybe? Let's get that So, is it somebody else's boats? It's not TK Marine's boats? I look to the left of that red box, it looks like there's more boats over there. Yeah, everything that they should have should be within that red boxed area going forward. Okay. Uh Madam Chair, if I could just follow up Mr. So, Mr. Kiersky, everything that's as we look at, everything to the left of the red box is going to be removed by the former applicant. Is that right? Yes. Okay. Okay. Any other questions? Okay, so we move close the public hearing. I'll make a motion that we close the public hearing. Second. I'll second. Great. So, we have a motion and a second to close the public hearing. All in favor, say I. I. >> I. Opposed, same sign. Okay. So, what would you like to do? So, you have a motion now. Chair, I move that Is this the time to chat amongst ourselves about the plan here? So, it feels like to me that this is the first step in satisfying some of the concerns that have happened over the last many months and years even and that this would protect this applicant from other people's bad behavior. Yep. Okay. Any other questions? Okay. So, what would the board like to do? Chair. Yes. I move that we approve this conditional use permit as as listed. Um point of order, uh Madam Chair. Do we want to adopt Do you want to make your motion to adopt the resolution? Yes. How would you like to do? Okay. I I move that we adopt resolution PC 2026-009. Second. Okay. Thank you. All right. All in favor, I. I. Opposed? >> roll call. >> need a roll call. It's okay. Commissioner Wyler. I. Commissioner Sandu. I. Commissioner Redding. I. Commissioner Chernus. I. Commissioner Vanderveen. I. Commissioner Robin. I. Okay. So, the motion carries. Uh 4B is a public hearing for a conditional use permit for vehicle repair and exterior storage at 1555 Mira Street for Broom Repair Incorporated. Uh so, do I have a motion to open the public hearing? So moved. I'll second. Okay. So, we have a motion and a second. All in favor say I. I. Opposed, same sign. Okay. Motion carries, Mr. Kursky. So again, this is conditional use permit for vehicle repair and exterior storage at 1555 Mirror Street. Again, here's the same site. Applicant um is Brum Repair Incorporated. Um again, the Mirror Street LLC is the owner. It is I-1 light industry and mixed-use employment center. So Brum Repair was previously part of an overall exterior storage CUP for the site that was revoked on February 5th due to one problem tenant. The property owner appealed the BOA's decision. City Council upheld the BOA's decision. Brum Repair provides fleet maintenance service for FedEx Ground, Enterprise Truck Rental, and Asplundh Tree Experts. Applicant is proposing to continue to repair vehicles, store vehicles waiting for service, and store completed vehicles um at several site inspections. Brum Repair's space has been neat and orderly. So this is kind of the unit they're in. This is where they're storing vehicles on the side and in the back here. This is the inside of their room. They have uh restrooms and minimal storage. So we're uh recommending adopting resolution PC 2026 010, which approves a conditional use permit for vehicle repair and exterior storage at 1555 Mirror Street for Brum Repair. Okay. Any questions for staff? I have one question. On the map that we looked at, where is their storage in relation to the storage for the first So if you remember, that's broken up into units over here. And so, the other storage you were talking about is kind of over here where the um boat services. If you remember the guy the person that was in this last unit had this whole area full of um broken down vehicles that resulted in the CAP revocation. Okay. Any other questions for staff? All right. Is there anyone in the audience who would like to speak to this issue? Anyone have anything to say? Okay. Any other questions or would somebody like to make a motion? One other quick question. Have those broken down vehicles been removed from the one tenant? The tenant's in the process of being evicted. Since they're considered personal property, they have to wait till the final court decision, but and once that happens, they'll be towing them out of there. They told staff they were vacating the property as of tomorrow, so. Okay. So, any other questions? I'll make a motion to close the public hearing. >> Okay. Second. Okay. So, a motion has been made and seconded to close the public hearing. Uh our what would you like to do? You need to vote on that just by That's right. All right. All in favor, say I. Opposed, same sign. Okay. Motion carries. Well, Madam Chair, if I could. >> Yes. You know, this is what Mr. Kiersky has has told us that we have had a revocation, but there are other people uh in this on this land that will now come forward and say, "Okay, but I want to do this." And uh we're willing to to go to the planning commission city council to get approval for them. So, this is one of them and um I'm pleased that this is going forward. And I'll I'll make a motion on that to adopt a resolution PC 2026-01 zero, a resolution approving a conditional use permit for both vehicle repair and exterior storage at 5 1555 Mary Street. Thank you. I'll second. Okay. So, the motion has been made and seconded. Um we do a roll call. Yes. Commissioner Weiler. Aye. Commissioner Sandu. Aye. Commissioner Redding. Aye. Commissioner Cherres. Aye. Commissioner Vanderveen. Aye. Commissioner Robin. Aye. Okay. All right. So, that takes care of forward general business. Number five is other business. Is there any other business? Just that um they did uphold all three revocations. So, these um the towing company was revoked. This property's was revoked and the auto repair business um was revoked. All right. All right. Any other business? Okay. So, I'll entertain a motion to adjourn. So moved. Okay. Second. All right. So, all in favor, aye. Aye. Opposed, same sign. So, motion carries and we will adjourn until Thursday, May 7th 7:00. All right. I want to call the Shakopee Planning Commission for Thursday, April 9th, 2026 at order at about 7:13 p.m. I'm Kent Robbins, your chair for tonight. Um the first thing uh we have on our agenda, the planning commission agenda, is roll call. Commissioner Forsyth. Commissioner Weiler. Here. Commissioner Sandhu. Here. Commissioner Reading. >> Here. Commissioner Cheris. >> Here. Commissioner Vanderveen. Here. Commissioner Robbins. Here. All right, the second item is the approval of the agenda. You all have the agenda. Are there any corrections or additions to this agenda? Corrections or additions? Hearing none, can I have a motion to approve the agenda as we have it? So moved. Commissioner Reading makes the motion. >> Second. Commissioner Weiler seconds it. Is there any discussion? All those in favor say I. I. All those opposed, that passes. The fourth um the third item on the agenda is the recommend recognition by the planning commission of interested citizens for an item that's not on the agenda. Is there anyone out in the audience that wants to speak to us about an item that's not on the agenda? Seeing none, uh we'll go on to the fourth item. The fourth item under general business, and under that we have two public hearings. Uh the first public uh hearing um is for the um the annexation comprehensive plan map amendment Musa expansion and zoning. I want to make sure I got that right. Um public hearing for uh for the annexation comprehensive plan map amendment and Musa um and Musa expansion and zoning. All right, can I have a motion to open the public hearing, please? So moved. I'll say Commissioner Wilder and Commissioner Sandahl seconds. Second, yeah. Any discussion? All those in favor say I. I. All those opposed. All right, Mr. Kierski, do you want to tell us about this? Again, this is public hearing for annexation, comprehensive plan map amendment for Musa expansion and zoning. So, the city of Shakopee submitted an application for annexation, a comprehensive plan map amendment to figure 4.60, the planned metropolitan urban service area Musa, in the 2040 comprehensive plan and zoning the property to agricultural preservation AG. Property is approximately 16 acres and includes the adjacent public right-of-way of Zumbro Avenue, located west of Zumbro Avenue and south of Highview Park to 30 ft north of the Jackson Township line. So, here is the um property in question at the bottom of your screen. You can see Highview Park is already been graded out. They're in the process of platting. They've already got a preliminary plat. They're doing a final plat of Highview right here. Greenview by Lennar has already um done their preliminary subdivision and they'll be coming in for the final plat for their first phase. So, all of these are bringing sewer and water down into this area. Um as part of the Greenview Lennar subdivision and the Highview um D.R. Horton and their subsidiary division, they're building uh Zumbro down to the city limit line. Right now, it's a gravel road and it'll be fully improved section. Property is presently zoned UER in Scott County, which is urban expansion reserve. The request would zone the property to agricultural preservation, which is its current use. No change necessary to the present guiding and the application request is consistent with the orderly annexation agreement approved between Jackson Township and the city. City is proposing the annexation at this time because the property to the north and east are currently under development. It's essential Zumbro Avenue's right-of-way be annexed into the city for the city to take over maintenance of the roadway from Scott County and this is the last developable parcel along Zumbro Avenue in the Jackson Township. Here's the proposed MUSA expansion in the lower left. So again, you can see here. Here's Let me get this to work. Here we go. So the We just annexed in, um, if you remember, this is the Scott County towers, um, so that we could build this section of Zumbro. Here's the Greenview, which is the most recent MUSA expansion. Highview Park and then here's the last piece proposed for MUSA expansion, um, along Zumbro. There are three separate actions and votes required tonight. Uh, a motion of positive recommendation to the Shakopee City Council for approval of a draft resolution R2026-060 approving the annexation, offering a motion of positive recommendation to City Council for approval of a draft resolution 2026-61 approving a comprehensive plan map amendment to figure 4.60, the planned metropolitan urban service area, also known as the MUSA, and then offering a motion of positive recommendation to City Council for adoption of draft ordinance O2026-009 approving the zoning to agricultural preservation. All right, Mr. Kiersky, thank you. This is a somewhat involved and we appreciate your your clarity in that. Commissioners, do you have any questions for Mr. Kiersky? Are there any questions? I have one question. Commissioner Wyler, go ahead. >> The area is not a nice rectangle. It's got a little piece cut out of the lower left corner. What's in that little piece? What's not being annexed in? This little piece in the back? Yep. >> It's a piece that wraps around the back going down this direction. So, it's a separate parcel. We're only annexing this parcel in. Okay. Are there any other questions for Mr. Kiersky? Um I have one. Mr. Kiersky, you note in your report at the end of it that under the annexation agreement, do we do we pay some of the tax proceeds to to the town? Can you go through that, please? Yep, per the orderly annexation agreement, similar to all the other parcels we've done in this area, Jackson Township gets 7 years of their taxes when it's annexed into the city. So, once the state gives us a gives us a certificate of annexation, the city's CFO turns a check over to the township. If you remember, the orderly annexation agreement allows the city to initiate annexations for up to 250 acres per year. Thank you. Anything else for Mr. Kiersky? Um all right, this is a public hearing. It's been opened. Do I have anybody in the audience who wants to speak to this issue? You want to come up there and write your name down and identify yourself, please, if you would. My name is Jim Bowark. I'm representing the Bowark family that owned the 15.9 acres. We're looking to defer the annexation for now. The property is not buildable and we don't see it being buildable in the near future. We would like to keep it agriculture. And no changes at this point. So just to be clear, you're speaking in favor of this action. >> Speaking in favor of Bowark family. >> Thank you. Do any of the commissioners have any questions for for him right now? Okay, then again, thank you for coming tonight. Is there anyone else that wants to speak? You did say you're not in favor. I said I'm not in favor. Yeah. We're deferring the annexation. Keep it correct. Okay, it sounded like you said that you were saying no. No. No. Okay, I misheard you. Okay, all right. All right, a good clarification. Let's I just misheard you. No, no, no, that's that's fine. I appreciate it. Now, is there anyone else the public hearing? Is there anyone else that wants to speak on this item? All right, um, hearing none, do I have a motion to close the public hearing? I'll make a motion to close the public hearing. Commissioner Sandahl makes the motion. Is there a second? I'll second. Commissioner Sherris seconds it. Is there any discussion? All those in favor say I. I. All those opposed? All All the public hearing's closed. Commissioners, what is your pleasure? I'll offer a motion of a positive recommendation to the city council for approval of resolution R2026-060 approving the annexation of property. Do I have a second? I'll second. Commissioner Sandal seconds it. Okay, this is first of three. Uh Commissioner Reading has made the motion, Sandal has seconded it. Is there discussion on this motion? I've a question. >> Commissioner Van Van just go ahead. >> Yeah, do we have a estimate of how long it would remain in agricultural preservation? It stays in agricultural preservation, uh cheering commissioners, until such time they choose to sell it, to develop it, or whatever. Okay, so it'll remain the way it is for now despite being annexed. Being used the way it is now. >> land use stays the same with current land use. It'll be AG until a development proposal comes forward. Understood. >> Commissioner Vanderveen, did that answer It does. Are there any other questions? Okay, we've had one motion that's passed. Um can I have Do commissioners have There are two other >> we haven't voted on that yet. I was Excuse me, I'm sorry. We have a motion, there's been discussion, any other discussion? If not, uh we'll we'll take a vote on it. Go ahead. Commissioner Wyler. Aye. Commissioner Sandhu. Aye. Commissioner Reading. Aye. Commissioner Cheras. Aye. Commissioner Vanderveen. Aye. Commissioner Robbins. Aye. All right, that passes. All right, commissioners, now we have other actions at least to consider. Uh do I have other motions? Mr. Chair, I will make a motion offer motion of a positive recommendation to the city council for the approval of draft resolution R2026-061 approving a company has a comprehensive plan map amendment to figure 4.60 and planned metropolitan urban service area in the 2024 comprehensive plan. All right, the motion Commissioner Sandal has made is there a second? I'll second. Commissioner Weiler seconds it. Is there any discussion? Hearing none, we'll have a vote. Commissioner Weiler. I. Commissioner Sandu. I. Commissioner Redding. >> I. Commissioner Cheras. >> I. Commissioner Vanderveen. >> I. Commissioner Robbins. I. All right, finally Commissioners, there's other work to do. Can I have another motion? I offer a motion to a positive recommendation to the city council for adoption of draft ordinance 020-26 009 approving a zoning to agricultural agriculture preservation zone. All right, Mr. Commissioner Cheras has made that motion. Is there a second? I'll second. Um Commissioner Sandal seconds it. Is there any discussion? Any discussion? Seeing none, we'll come to a vote. Commissioner Weiler. I. Commissioner Sandu. I. Commissioner Redding. I. Commissioner Cheras. I. Commissioner Vanderveen. I. Commissioner Robbins. I. All right, those recommendations have been approved and the item has been approved. The next item under general agenda item for general business is a public hearing for the preliminary and final plat of the Dean Lakes 11th edition. Can I have a motion to open the public hearing? So moved. Commissioner um Redding moves is there a second? Second. Mr. Sandal seconds it. Um all those in favor say I. I. All those opposed. All right. Public hearing's open. Mr. Kierski, do you want to talk to us about this? So again, this is preliminary and final plat of Dean Lakes 11th Edition. So this is the two buildings that have currently been built. Remember this was the last property left in the Dean Lake subdivision from Inland Development. They came back, built these two buildings. It's been very slow going on the rent up on these buildings. They only have one tenant currently in this corner, but they've had interest in buying one or both of the buildings. So they have them currently on the market, but they want the ability to sell the building separately. Because of that, there's all sorts of easements that need to be recorded and maintenance agreements cuz there's a common storm water pond right here. So the applicant is Align Engineering. It's 26.13 acres. The owner is IDP Dean Lakes B1 LLC. Zoning is business park. Proposed plat is to subdivide one parcel into two parcels. One parcel for the each existing building and a shared truck court. Lot one is an existing northern building of 226,000 square feet. Lot two is the existing southern building of 136,000 square feet. There'll be no additional public streets or new access to Dean Lakes Road. The agreements provided for maintenance of utility and infrastructure. So this is how the property is currently platted. This will be the new plat. So there will be a new property line running down the middle of the truck court. Um so there'll be one building up here, which will be on lot one of 15.24 acres. Lot two will be 10.9 acres. So, recommend the city council adopt resolution R2026-0058, which approves the preliminary and final plat of Dean Lakes 11th addition. All right, thank you, Mr. Kierski. Um, commissioners are do you have any questions for Mr. Kierski? Any questions? All right, thank you. Uh, this is a a public hearing. Uh, is anyone in the does do I have anyone in the audience who wants to speak about this speak on this issue? Anyone want to speak? Okay, hearing none, uh, commissioners, um, I'll entertain a motion to close the public hearing. So moved. Commissioner Weiler moves. Is there a second? >> Second. Commissioner Vanderveen, uh, seconds it. Um, any discussion? Um, all those in favor say I. I. All those opposed, all right. Commissioners, what is your, um, pleasure? I'll make a motion to recommend the city council adopt resolution R2026-0058, which approves the preliminary and final plat of Dean Lakes 11th addition. All right, thank you, Mr. Sandahl. You've made a motion for approval. Is there a second? I'll second. Commissioner Weiler seconds it. Is there any discussion? Any discussion? Hearing none, we'll come to a vote. Commissioner Weiler. I. Commissioner Sandhu. I. Commissioner Redding. I. Commissioner Cherres. I. Commissioner Vanderveen. Aye. Commissioner Robbins. Aye. That passes. Okay, we're at item five, finally, other business. Mr. Kurski, is there any other business? >> No, sir. All right. Um um we will uh I'll entertain another motion for adjournment. So moved. Second. All right. Commissioner Redding moves and Commissioner Sandahl seconds and and we are adjourning to to what day? May 7th. Where's All right. So, the the motion will be to adjourn to May 7th at 7:00 p.m. At at 7:00 p.m. All right. All right, fine. Um uh hearing no discussion, can we come to a vote on that? I think we just Oh, the vote is we don't need a roll call. So, all those in favor say aye. Aye. All those opposed. All right, we are done.