[0:08] call order please Luke could we have a call of rooll please thank you chair here [0:15] Pearson Willen Bing here Campbell is absent stellari also absent moli here di [0:25] here hegen here Pledge of Allegiance please [0:33] PL algi to the flag the United States of [0:47] America thank you uh first question uh Luke we don't have any minutes from last [0:53] meeting I take it that's correct chair okay thank you uh approval of the agenda does anyone have any a changes to the [0:59] agenda that wish to propose no see none uh I ask for approval of the agenda so [1:05] move second all those in favor I any opposed thank you agenda approved first [1:12] is the open Forum we have a this is open forum for opportunity to be heard and on [1:18] things that are not normally an opportunity to debate uh for things that are not on the agenda as well uh we [1:25] limit it to no more than 20 minutes total and so each speaker can have 3 minutes so if there's anyone who wishes [1:31] to speak to items that are not on the agenda please step forward and make comment and again that's not on the [1:37] agenda not the two topics [1:44] below uh Brad mid uh 7601 31st Street north um this is more of a general [1:50] question uh on these agenda items are we then can come up and make our comments [1:56] or is this the period to make our comments it's a public hearing and it's you you get opportunity after the [2:03] reports are given and we hear from the constituents the main people on the uh [2:10] okay so but after that is it a public hearing yes okay so afterwards would be the time we can come up and make our [2:16] comments all right thank you yep anyone else who wishes to make open Forum [2:23] comments I'll speak hi my name is Douglas Nelson I live on Fourth Street [2:28] Lane North that's the cuis saac that's right north of where this MWF can you [2:35] hear me okay mhm but my question is is this are you talking on something that's [2:41] on the public hearings that are coming up uh well it's actually one of the two on your Planning Commission agenda today [2:48] so you want me to for the public hearing part of okay all right somebody said this I think he was an actor I'll be [2:57] back anyone else have something that that's not on the public hearings that are coming up seeing that I close the public forum [3:05] open forum and bring it to Old business which you have none so first order of new business is a public hearing on the [3:12] MWF Properties LLC 390 helmo Avenue North a planned unit development [3:18] Amendment discussion Luke or is it Max Max you're up thank you Planning [3:24] Commission and good evening before us tonight is a request for a planned unit development Amendment [3:30] at 390 helmo Avenue North located at the Northern end of the helmo station PUD [3:36] area near the border of the oakrun shores neighborhood this site is zoned for the helmo station PUD where this 2.7 [3:44] acre parcel is designated for high density multifam with specific performance criteria the applicant here [3:50] is proposing an amendment to the helmo station PUD to allow the maximum height at the specified parcel to be four [3:57] stories rather than the three stories currently allowed this request is tied to a planned 133 [4:03] unit multi family apartment building by the developer which will be considered at a later date a concept plan was [4:10] previously considered by the city council at a council workshop on August 8th [4:15] 2023 during this meeting the council vo majority support for the concept plan [4:21] here the developer is looking to receive approval for the updated maximum height prior to p uh pursuing other approvals [4:28] the existing three story limit for this parcel was originally intended to provide a smaller visual footprint as a [4:34] transitional space between the existing oon Shores neighborhood and the helmo station PUD area in exchange for the [4:42] flexibility and maximum Building height the developer has proposed having a much larger 40ft setback on the Northern end [4:48] of the site in order to reduce the visual footprint of the [4:53] site here we can see a rendering of the proposed 133 unit apartment building [4:59] submitted alongside the Pud Amendment request as you can see there is a much larger setback visible uh to visible [5:06] than the other development in the helmo station PUD to help ease the visual impact of the building as well staff is [5:13] recommending additional landscaping and screening in the setback [5:18] area here we can see an additional view of the proposed building from the Northwest perspective to conclude staff [5:25] is recommending approval of the Pud amendment to raise the maximum height allowed from 3 stories to four stories [5:31] as detailed in the staff report on file staff recommends approval of the request subject to the following conditions the [5:38] height or the high density multif family building shall be set back a minimum of 40 ft from the northern property line a [5:45] viewshed analysis shall be submitted with the site plan application to understand the visual appearance of the [5:51] proposed four-story building uh from the existing residential neighborhood to the north the four-story building shall [5:58] incorporate varying roof lines and articulations the developer shall install additional Landscaping between [6:05] the northern edge of the high density multif family building in the Fourth Street North Frontage for additional [6:11] screening the additional Landscaping shall be reviewed at time of the site plan application and satisfaction of [6:18] Park dedication requirements in accordance with the city's adopted fee schedule as a reminder this is a public [6:25] hearing and the developer is here with us in attendance and with that I'm happy to take any question questions regarding [6:30] this request thank you Max uh one question I've got I'm not sure from the report if [6:37] there were any or when the process would be for meetings with the neighborhood ultimately that would be uh up to the [6:44] developer okay uh anyone have any questions for [6:55] Max anyone from the commission okay uh would the developer like to make any [7:02] opening [7:08] comments thank you chair and Commissioners uh my name is Matt yetzer I'm with MWF properties uh 7645 Lindale [7:15] Avenue South in Richfield um appreciate your consideration of the request here um we [7:21] feel that the proposed PUD amendment is a um fit within the the community giv [7:28] the surrounding uses in that area uh the vision of the city for for that area [7:33] being a Transit oriented Hub um we' we're hoping to do our best to limit the [7:39] impacts on the existing residential to the north with the increased setback that we mentioned uh on that North Side [7:45] uh along with um the variation and exterior materials that uh Max mentioned [7:51] as well so um you mentioned a meeting with the neighborhood we haven't done that yet as the report mentions after [7:58] this step would be a more complete site plan application uh which we would go through once we get [8:05] closer to a potential construction start um throughout that process when we get [8:10] through the more detailed planning we'd be um more than happy to set up a time to to meet with neighbors and and gather [8:16] their feedback on the proposal and give them little more information on what we're planning um aside from [8:22] that uh thank you again for the the consideration and here to answer any questions from uh the commission or from [8:29] cons here any questions for the developer from anyone [8:34] here thank you very much you probably get some questions in a little bit I'm sure uh anything further from staff [8:43] before we open up the public hearing okay with that I open up the [8:49] public hearing on uh the plan unit development Amendment [8:56] uh public comments and for rules uh of conduct [9:04] uh we usually limit it to no more three minutes per person uh be be respectful [9:11] of all those present uh try not to duplicate comments from [9:18] previous speakers so uh it doesn't get too repetitive and with that anyone wish to [9:26] come forward [9:33] Jim Trudeau I live at uh [9:39] 7584 4th Street Lane North and if you have a little map here [9:46] I'm sure you from the original plan if I'm laying in bed this building [9:53] is directly outside my view of site which now [9:59] CU you took all the wildlife out of there you know no more wild turkeys running through our property no deer you [10:07] took them with 150 trees for your little bus that you you're putting a lot of [10:14] eggs in one basket that this bus line is going to bring all this Economic [10:20] Development to the city you got 328 [10:25] units in impacts the one the s story that you propose or his [10:32] building they've rented 10 so far I mean that's gang bus boy how you can we put [10:39] up with all the traffic you got the bridge coming across [10:44] at 5:30 this morning I got up to use my restroom and what I hear beep beep beep [10:51] beep from all the backup alarms on the equipment and it wasn't ases [10:57] construction doing Fourth Street you know they're a fine contractor the greatest in the [11:03] state it's the people building impact you know it used to be 7 to S you [11:10] could do building in the city and I don't care what city you lived in I was in the underground construction industry [11:16] 45 years you don't start at 5:30 in the [11:21] morning and then work till 8:30 at night hearing beep beep beep if you look at [11:28] your mask plan in the gentleman from the developer which is you might as people [11:36] know what it is it's owned by Cornerstone development first edition [11:43] how many more editions do we have that Cornerstone is going to say I know it's [11:48] three but we're not going to do it unless we can do four and you're going to lay back and say oh that's [11:55] fine that's a bunch of bull [12:01] and they're not even done with for Street yet they don't even have all the bus lane [12:09] in so you don't have an as built on this [12:15] property you're looking at a plan that might be I don't know what the date on this [12:21] was even 200000 and like I said I was in the [12:26] construction industry long enough to know what you're looking at and your [12:32] engineers when everything's said and done it's not going to look like it was drawn [12:38] up what are you going to do about the 48 in storm [12:44] Outlet that's running from the existing Pond to the new Pond they had to bury [12:51] that pipe because they used to just come out with rip WRA down the the bankman [12:57] into the existing pond aims at a enlarge that pond by quite a [13:02] bit and take this existing line and extend [13:08] it I don't know 100 150 ft and then put [13:13] the endsection on so it would drain in the pond are you going to build on that did [13:19] you put that into your new calculations you're not going to build on an existing you're going to put Pro [13:27] parking on it all right you can do that but you can't put a building on [13:33] there you'll end up like all the pro the problems they've had up in duth with the storms who were just [13:39] bursting in a 100-year flood and all a sudden oh gosh we're at 100e Flood now [13:46] what do we do you he got homes falling into Ravines that's not fictitious that [13:54] happens I sold enough pipe up in Del Lo to know [13:59] so you got to get a has built and that's not going to be done for another year [14:06] you're not going to know exactly what's underground I guess my three minutes is [14:13] up dou go ahead thank yeah my name's Douglas Nelson I've [14:21] lived on my little piece of heaven 40 uh 7560 43 Lane North is [14:28] called the it was the last one to be built in oakrun Shores I moved in in [14:33] March 2004 with my beloved wife and just to add what Jim is saying [14:41] here about the build I know you said it's limited to three minutes and I'm not so stand but just I'm concerned [14:48] about the noise about the value my property and most importantly I live in [14:53] a FEMA flood plane I don't have a wand here or the map of the where we live but [15:00] the first when you enter our four Street Lane North cuac the first three [15:06] buildings are in a FEMA flood plane the marsh behind us is also part [15:12] of that flood plane that drains underneath the new four Street [15:18] Lane North into that pond which Jim just mentioned that's also in a fale plan [15:23] female flood plane there's another part of the development that's also in a female PL plane so that's my concern is [15:30] flooding and the and the proper design by you folks from MWF construction or [15:38] properties to safeguard my property because when I die because of Parkinson's disease probably this [15:45] property is going to my beloved Son and and the the other thing that I'm concerned about is the impact of this [15:52] development on my property in in this culdesac excuse me in this cuac [15:59] there are seven buildings they're not tow houses they're Twin Homes so there's [16:05] 14 Twin Homes my twin home next to me sold in April of [16:11] 2023 for $394,000 so the total value of our cuac [16:18] market-wise is over $5 million so what's the impact of this property development high density [16:24] housing Etc going on south of Fourth Street that's going to impact my [16:29] property is it going to go up or is it going to go down what's going to happen [16:36] so thank you that's all I have to say thank you for listening and I see Mr [16:42] ington is not here I wish he were here he your lays on [16:47] right the council person did you usually attend these meetings instead he's here good well I'm [16:54] glad that every is the mayor here mayor is here outstanding [16:59] Mr Mayor thank you for listening to me and my late wife four years ago when I spoke up here I voted for you and it [17:07] it's a political statement I voted for you you're doing a good job thank [17:19] you good evening I am Bob Beetle I'm representing Colleen breggs tonight who [17:27] uh who's dwelling lives at 7590 on 4th Street Lane North in Oakdale near the [17:35] project uh my background is uh I spent over 30 years as a [17:41] condemnation uh commissioner for Washington County I retired that a couple of years ago and in my opinion [17:48] based on those uh almost 30 years of experience in developments and impacts [17:54] on value of residential areas as well as commercial areas as that are uh nearby [18:01] or bounding or impacted by um the building and new construction and the [18:07] construction noise and uh hours of 700 a.m. to 700 [18:14] p.m. six days a week the dirt and dust that is accumulated on the exterior and [18:20] the decks of these buildings all of that is compensable damages from my [18:25] perspective as a condemnation commissioner who worked for Washington County for 30 [18:31] years to me they're open and shut cases based on the cases that I've heard in [18:36] the past and you will be compensating residents for loss of value because [18:42] value can be determined as to what it was preconstruction and what it will be post [18:50] construction and in my opinion based on my experience as well as being a manager [18:55] for a dino realy three of their major offices in this metro area uh there will be damages and loss of value we had a [19:03] person indicate that we've had sales in there prior to this going on that establishes value and we will have sales [19:10] or or attempted sales after this is done and the difference uh will be litigated [19:17] in my opinion and there will be compensation to these owners who are impacted so that's I just wanted to [19:23] bring your attention to that that the uh owners in this area are going to be made [19:29] aware of uh of the impact on the values of their properties they already feel it [19:35] you can hear it in the sense of their voices you know there's more traffic there's more noise there the construction [19:41] intrusion um they have limited access on Fourth Street they have to go Only One Direction East all of those are [19:48] compensable all of them uh the value on these town homes on [19:54] Four Street Lane North and I can't personally attest to other values and [19:59] different addresses they're definitely impacted especially the ones that sit directly on the roadways for the noise [20:08] intrusion and the impact on their values [20:15] uh I'll leave it at that I just wanted to put you and make the people here aware that are in [20:21] attendance uh that they do have U there is a process for them to recover damages [20:30] that are caused by this construction project and when you start increasing [20:35] asking for another story on the building that is being proposed that's going to [20:40] be more traffic uh congestion it's going to be more uh implications on their uh [20:47] on their property values uh that's all I have to say tonight I just wanted to bring that to [20:52] your attention good thank [21:00] do we have anyone else who would like to come forward on this one my name is Bill Hummer I live at 452 [21:09] Hickory Lane uh in that intersection of helmo and Fourth [21:15] Street lived there for 25 years we've owned that property we were an original [21:21] buyer in that uh division Town Homes there's 80 units in there [21:28] um and we have watched you know the progress of the development of that [21:35] property originally it was supposed to be office complex uh we realized that uh the [21:43] business climate here in Minnesota has not been friendly towards business and [21:49] that area did not get developed as originally designed we now see um this property [21:58] used for housing uh it looks like the development [22:03] of the entire property is 826 units if you can imagine the amount of [22:11] traffic that it's going to bring into that area not just in the development [22:17] phase but to bring into that area where at one time we probably had at the most [22:24] maybe 200 units in that area and if you think of what 826 is going to do to that [22:32] development uh if you just say one car per unit that's that's putting in close [22:39] to a thousand more cars in addition to that what we're seeing is already the [22:46] new bridge as to the kind of traffic that's coming in I came off of uh 694 at [22:54] about 4:00 today and watched as traffic uh went [22:59] down helmo Avenue there were five cars in front of me and I pulled over when I [23:04] pulled into the subdivision just see what direction they were going all five cars went across the bridge I am [23:10] assuming went across the bridge they didn't look like construction vehicle it's probably people looking at an [23:17] easier way to get into Woodberry um one of the comments in the [23:24] design of that area was that it was going to enhance the quality of life for [23:32] the existing homeowners in there I see nothing that's going to in improve the [23:40] quality of life when you think 200 units uh three or 25 years ago how can [23:49] you improve on that you ask the homeowners we had to pay to improve the [23:55] streets in that area which are now being torn up if that doesn't leave a little [24:01] bit of a crun or you know what I mean to have to pay to be assessed or taxed and [24:08] now have to see the streets being destroyed that we paid [24:13] for and I just think that we need to consider how much of an impact that [24:21] 826 units is going to have and the developer today adding another story [24:28] he's adding 25% to that building so I think you have [24:34] to take a look at what we as existing homeowners are facing and what we've had [24:41] for 22 years I guess construction started three years ago on a lot of this [24:48] with the Gold Line and things but I think you have to think of us before we [24:54] think of the developer and say what is the right decision for that area thank [25:04] [Applause] you just is another comment remember the [25:09] three not for you sir you come forward no go ahead and make your comment I just the three minute limit please try to [25:15] adhere to it because we're closer to five uh Brad medv 7601 31st Street while [25:22] this project does not affect me um it should be noted that the norhart apartments that these residents are [25:29] referring to have had to come back to the city council and I'm assuming the Planning Commission as well to get uh [25:35] other amendments made because when they built that building they built it too close to the road to begin with um so [25:42] that's one concern that also needs to be made that these guys are adhering to their setbacks um as they request uh [25:51] thank you anyone else wishing to come forward [25:57] for this I'll ask one more I I just have one [26:02] quick question out of curiosity for being a 20- year oale resident how many of you actually please come up to the [26:08] podium yeah hi Douglas Nelson how many of you actually can I see a show of has [26:14] actually live south of 10th Street North between I 694 and Enwin Avenue how many [26:20] of you actually live in South Oakdale anybody so nobody's really ever have you [26:27] ever seen our property the culus ACT I drive by it quite often good good for so then you know our concerns firsthand [26:34] it's all I want to know thank you okay I'll ask one more time anyone [26:42] else wish to come forward uh just quick which when's the next meeting it will be at the city [26:50] council that'll be announced at the city council Luke is it already [26:56] published because I you know we got a million any more questions yes it would be scheduled for [27:02] the August 27th uh city council meeting see no no other comments I'll [27:08] close the public hearing on this bring it back to the commission anybody have any [27:14] questions further to this a couple comments that's all right uh the first [27:20] Speaker spoke about um noise level as much as I understand the noise [27:26] level that's something we don't control it's something that um with construction [27:31] is going to happen but there are the limits of between seven and whatever time we hope that they'd adhere to it [27:37] but we do not control that um it always has been a [27:43] plan a future development so there was going to be dirt issue noise issue and [27:49] dust issue hopefully not as much as what you're getting but there's always going to have [27:54] that the other comment was as built as the term as built means is as built so [28:00] which I think what you're looking for is more for prints of actually the lay out [28:06] the plan as buils will happen after the fact after the building is complete um the drain issue that they [28:14] moved the drain covered up the drain not familiar with it but I would hope that somebody here is also looking at that as [28:21] well um being made aware of that uh the second one talked about the noise again [28:27] we have no control value of the PO of the properties it's a good question it's a [28:34] good point um there's no control over that I mean who knows how that's going to go [28:40] third one has the same thing as far as the noise the dirt level and the compensation for damage that's [28:47] a that's an area that you would know better than I would so I'm not going to try to compete with that without knowing [28:54] everything about that so um the office the traffic traffic is up [29:02] there um I do know that I I live just north of 10th Street so my walking I [29:09] walk around the park I walked around this area today made a point to make my walk through that area [29:17] um so yes um it is close to the road [29:23] um and I realize that as well but there could been an office building there as [29:30] well besides an apartment or multi family housing I just want to make [29:35] comments that's all anyone else have [29:42] comments um I just wanted to um to thank all of you for taking the [29:48] time to come in here and for your comments about the project this is what [29:53] make uh neighborhoods great to involve folks that are that leave in the [29:59] neighborhood and also to comment on a developer that want want to come into the neighborhood so thank you for your [30:06] comments and to sort of echo what you you just um said [30:12] um the um the land use um zoning control [30:17] land use okay so in terms of the the flooding I hope to C review Ste staff [30:25] looked at it and s look at those issues um at the front end to sort of um um [30:33] mitigate um problems in the in the future when development is is completed um to that um Building height [30:42] of course we all know that uh there are all the routes [30:48] to while the zon defined what the or the comprehensive plan defined what the height should be in a particular [30:53] neighborhood the mechanism based on certain uh findings or um issues to [31:00] increase it and that's all you all come in to sort of comment on that which is great the traffic impact I can see um oh [31:08] my my my question to staff is would the traffic study be required a part of this [31:15] or or not because that could be that could really be a an [31:22] issue um in my opinion ultimately The Proposal is within the permit Ed density [31:29] that's already allowed within the helmo station PUD uh this request is solely for the change in Building height the [31:36] density already Falls within the permitted density in the helmo station PUD okay thank [31:44] you anyone else have anything uh baring that I guess I look [31:52] for a motion to recommend approval of the plan unit development Amendment at 39 [31:57] at 3 390 helmo Avenue North with conditions as moved second [32:05] second those in favor those opposed motion passes thank you very [32:13] much that's it you're going to build it Forward we're we're a recommendation the [32:19] final decision lies with the city council and you're welcome to come to the city council meeting at that point [32:27] another uh Mr chair just an announcement If U [32:32] folks have questions and by all means have them contact City staff we'd be happy to answer questions thank you [32:41] good and Luke and Max are on on the web on the city website for [32:51] Access next public hearing is on the Oakdale Marketplace PL plan unit [32:56] development Amendment and the Oakdale station plan unit development [33:02] Amendment uh Luke are you or yes thank you chair so before we get [33:09] started here I do want to read a statement um so prior to the meeting in [33:14] regards to this the two PUD amendments that we have before us tonight so prior to the meeting the city received a [33:20] letter from a private attorney and also an email from a private attorney and those correspondences were forwarded to [33:26] the Planning Commission for review and consideration uh the letter and email rais legal issues with respect to a [33:32] portion of the the proposed ordinance those legal issues will be addressed in due course by the City attorney and the [33:38] city council and the planning Comm commission should not address them during tonight's meeting the City attorney will be pre um is present at [33:46] tonight's meeting uh if any legal advice is required to the Planning Commission on this [33:51] matter thank you so with that um Andrew is going to do the report no [33:59] um Luke will do the report I'm just Luke up here I just like to be up here I I thought he was passing the Baton to you [34:06] not this time chair so uh um we'll have the the slide up here in just a moment [34:11] um for the Oakdale Marketplace and Oakdale station PUD areas so the location of this the study area so again [34:19] it's two puds but the area is bounded to the north by 34 Street to the east by [34:24] idal Avenue to the South by the Union Pacific Railroad Road into the to the west by interstate 694 so just a quick [34:32] history on the planning the vision for this area it was originally designated for commercial uses back in the mid [34:37] 2000s prior to the recession the Oakdale Marketplace and Oakdale station areas [34:43] you can see them on on the map there's where my cursor is right now that kind of delineates the two areas so the [34:50] Oakdale station is on the the the left side of the screen or the west side of the area so that includes LA Fitness [34:56] there's a multi-tenant commercial building and then a couple vacant Parcels to the South there and then Oakdale Marketplace that's the east side [35:03] of this area so it goes from pins and ideal storage All the Way East to Target and myin auto and all the the parcels in [35:11] between the those two those areas um now they are different two or [35:17] they are two different puds due to separate ownerships but they essentially function as a unified neighborhood so [35:23] Market change Market changes have occurred since the original plans were developed and there have been deviations [35:29] to the the the area for development uh notably if I can place my uh cursor here [35:35] that's where the the Harland Apartments uh is under construction uh if you recall the they went through the [35:41] approval process and then there's also been a various amount of changes or or deviations to the area um notably pins [35:49] that they had to go through an amendment process and I believe also um the the [35:55] gas station as well several other sites um so for the Oakdale Marketplace area [36:02] um I I should say that the original site layout included several uh Parcels in particular that were designated for [36:08] restaurants and two such sites have have been lost or I should say two such restaurant sites have been lost um and [36:15] they've been developed for other uses so fast forward to last year 2023 [36:21] so in in a in response to a concept plan for a tire center there in the Oakdale [36:26] Marketplace uh uh PUD area where my cursor is the city council uh heard that [36:32] request for the concept plan and they directed City staff to conduct a a study of the the Pud area not only Oakdale [36:40] Marketplace but again Oakdale station as well so the study began early this year [36:45] the the city hired WSB and they are a consulting firm they have planners land [36:50] use planners and economic development specialist and they have assisted us with a study and you recall that the [36:56] study was discussed with the Planning Commission I believe in February of this year and just kind of the overarching [37:03] goal of the study is to determine appropriate land uses for both of PE pey areas there and the proposed amendments [37:10] that we're bringing forward tonight are based on the study's findings the Consultants recommendations and guidance from the city council and overall we are [37:16] proposing allowing additional land use options for this area so here's uh a look at a more [37:23] detailed map with current businesses and current uh uses and just for reference [37:29] reference here we have the original site plan for Oakdale Marketplace again this is from pins to [37:35] Target and there are specific designations for each tract and it it is [37:40] very difficult to see and the resolution just doesn't come through and on an image you know of this scale you just [37:46] can't quite see but if you were to zoom in really close to those individual tracks it has a specific designation so [37:53] for example retail or restaurant and you can see the the building orientations and the layout of the [38:01] site so here we have this part gets a little confusing so Oakdale station [38:06] again LA Fitness and the parcels to the South there so uh there were originally [38:12] two site plan options for this commercial area um now you can see that [38:17] oak or excuse me LA Fitness developed pretty much as it is today and then the multi-tenant commercial building um [38:24] virtually uh is depicted here as well pretty accurately now to the South for [38:29] this site plan option I believe there's a proposed or a conceptual grocery store [38:35] a couple other commercial uses um but as we know uh that area is [38:40] currently vacant here is the second site plan option for Oakdale station again LA [38:47] Fitness and the multi-tenant building and then to the South there I believe the the concept plan uh if we're to zoom [38:54] in closer the where my cursor is um those those are uh proposed hotels and a [39:00] couple other commercial buildings so before I move on I just [39:05] want to take a moment to explain so what the current uses are for the two puds and they are commercial uses um [39:12] commercial is allowed with the with two exceptions so ideal storage they're allowed to continue to operate as as [39:19] such and then the Harland Apartments uh they went through the amendment process to be to uh to allow multif family on [39:25] that site um now moving uh or sorry one more thing there uh and I should say that with the [39:33] site plans we just saw development must be in substantial conformance with those the site plans that that are on file so [39:39] moving on to the proposed amendments that we are bringing forward to tonight so uh based on the analysis that was [39:45] conducted by our consultant WSB and that included feedback from stakeholders also [39:51] of some members of the public as well uh and their recommendations the following [39:56] options are being proposed for this area and the key themes I just want to highlight designating land use options [40:01] throughout the area and in uh including allowing residential uses on certain [40:08] Lots so uh we would we're also proposing additional uh exterior design standards [40:16] and more signage additional Landscaping requirements I'll get into those a little bit later in the presentation but [40:21] here what we're looking at on the screen again it's very difficult to to read uh at this scale I apologize for for that [40:28] uh but this is the proposed site plan option one and I will cover the individual tracks as we go [40:33] along but here first is site plan option two and I I just want to mention that [40:40] these two proposed site plans are not mutually exclusive of each other they're meant to provide options for development [40:45] of the area so we'll start with what we call track a so this is the Southwest parcel [40:52] in Oakdale station so a couple Parcels south of LA Fitness [40:57] um and it is a budding the railroad So currently this is a vacant [41:03] site consisting of approximately 15 Acres what we're proposing here is to [41:08] not only allow continuing to allow commercial uses commercial retail and office but [41:14] also allow the option for medium density residential um four to 12 units per acre [41:20] to high density multif family residential so for 40 to six excuse me 40 to 160 dwelling units per acre so uh [41:27] essentially this presents a couple different scenarios uh proposed for how residential development could look like [41:32] in this area again we're leaving the door open to allow the entire site to be uh developed as commercial or possibly a [41:39] mixture of of commercial and residential moving on to tract one so [41:45] this is the ideal storage site currently of course is being used for commercial storage it's approximately 5 acres in [41:52] size now permitted uses that we're proposing it can continue to be used as self storage facility including limited [41:59] exterior storage uh we would look to open it up for commercial retail or [42:04] office and also multif family residential for four to 30 dwelling units per Acres uh or in other words [42:11] Town Homes as you can see on the the lower site plan option moving on to tract two so this is [42:19] the uh South vacant site or excuse me it's on the south side of 32nd Street so [42:25] south of the T intersection with Market place in 32nd Street it is currently a 1 and A2 acre vacant site and permitted [42:33] uses uh commercial retail office and then ALS again uh we're open looking to [42:39] open it up for multif family residential Town Homes as you can see there and one [42:44] thing that we are proposing is that direct access um off 32nd Street to um [42:51] potential individual Lots or dwellings would be prohibited moving on to track three so [42:58] this is the southeast quadrant of 34th Street in Marketplace So currently this is a [43:04] vacant site it's approximately 2 acres in size permitted uses that we're proposing so this track must contain at [43:11] least one class one restaurant as a standalone use or incorporated into a multi-tenant commercial building the [43:17] intent here is to ensure that a fast casual type restaurant would be established on site um and note that we [43:24] are not necessarily prohibiting certain uses here we're we're trying to focus in on what the highest and best use is for [43:30] that parcel a two- building scenario would be permitted on site provided that each obtain or contain rather a class [43:37] one restaurant if the square footage meets City standards and by that I mean uh parking requirements building [43:43] setbacks and so on now there would be a drive-thru or drive up service U that that would be an option here for either [43:49] restaurant provided that again City standards are meant moving on to track four so this is [43:58] um the Northeast quadrant of 32nd Street in Marketplace so in other words uh this [44:04] is the a larger vacant area just immediately south of McDonald's on the west side of the Target parking lot [44:10] currently this is a vacant site about 5 acres in size permitted uses that we're proposing here multi-tenant commercial [44:18] retail multi-tenant office class one restaurants and then uh more than one [44:24] building would be permitted on the site provided it meets certain standards and then mixed use building would be [44:29] permitted provided that commercial and residential is contained within the a single [44:36] building moving on to track five so this is the south portion of the Target parking lot currently just a grassy area [44:44] it's vacant it's 2.75 acres in size and the proposed permitted uses that we are [44:51] um presenting here include commercial retail office and class one restaurants [44:56] and we would like to know and actually would like to uh welcome the commission's input on whether a fast [45:02] food convenience food option would be appropriate here the property owner [45:07] actually expressed interest in uh opening up some options here um and yeah we would certainly like your your [45:13] feedback on that now um more than one building would be permitted on the site provided that it meets City [45:20] standards and finally here just a couple or several additional proposed standards [45:27] that we want to cover the first one is a joint pylon sign off Interstate 694 and [45:32] the intent there is just to uh increase the visibility for this area if you're [45:38] driving along 694 it's very difficult to see because of the elevations um um it's [45:44] very difficult to note that or notice that there's commercial uh commercial buildings in this area uh so the joint [45:50] pylon sign uh we're proposing that it would be allowed subject to certain conditions being meant number one is [45:56] removal of the existing billboard off 694 uh number two Max height be kept at [46:03] 50 ft number three uh total square footage for the signage would be 350 [46:09] square feet and then uh four it must consist of a two poost [46:14] construction um method with decorative materials moving on to the second bullet [46:20] there four-sided architectural requirement in other words what we're looking for is just consistent facade [46:25] materials and Design on all building elevations just so that there's no apparent back to the building so that um [46:34] the entire or all all all sides of the building look attractive and instantly [46:39] recognizable as as a commercial or or a residential type use the third item here completion of [46:46] inter internal pedestrian infrastructure and really that only applies to one parcel and that's that parcel south of [46:52] 32nd Street kind of at that T intersection with Marketplace and um whenever that site develops um in [46:59] accordance with our bicycle and pedestrian plan there would just have to be a pedestrian Gap or a filled in with [47:06] the sidewalk Road Trail and finally additional Landscaping is another provision that we're proposing here and [47:13] this is in um this is specifically for the southern Parcels of the area the [47:18] Landscaping what we're proposing must consist of a layer of dense Evergreen and deciduous plantings and that would [47:24] just help provide yearr round uh screening from this area and the residences to the South or located south [47:31] of the railroad uh before I conclude just my presentation I would like to acknowledge [47:37] that we received in addition to the the the correspondence from the attorneys we did receive a couple other written [47:42] correspondences that we forwarded to the Planning Commission before the the meeting just for your review and [47:48] consideration and um in terms of next steps I know there's probably a lot of folks here in the audience they're [47:54] wondering what how's this going to all play out um so the role of the Planning Commission [47:59] of course is to hold the public hearing receive public comment and make a recommendation to the city council so [48:05] nothing is formally being decided tonight the next step after this would be a city council meeting uh tentatively [48:12] it would we would look at the August 27th meeting and property owners who reside or own property within 500 feet [48:19] of these two areas would be notified of the city council meeting um Andy Max I [48:26] miss anything otherwise we we'd be happy to answer any questions from the [48:32] commission yeah I've got I've got a couple here first one Define class one [48:38] restaurant for me and how many classes of restaurants do we allow in Oakdale so yes good question so do we have an [48:45] Oakdale you mean yes oh do we have an Oakdale uh well have to find in the city [48:51] code okay so um uh so class one restaurants per R zoning code [48:57] definitions they include number one traditional restaurants and number two what we call cafeteria so the [49:04] traditional restaurant that's an eating facility where food is served to a customer while they are seated at a counter or table accessory use may [49:12] include take out food odors but shall not include drive-through windows and then number two the [49:17] cafeteria is that an eating establishment where food is selected by a customer while going through a serving [49:23] line and taken to a table for consumption then we also Al have a separate definition for convenience fast [49:29] or convenience food restaurant which I think what most people would understand is uh your traditional fast food and [49:35] it's so it's a bit longer um I I can read it off but maybe just the highlights here is that uh uh it's an [49:43] establishment sale of sales of food in um a ready to eat state for consumption [49:49] either on or off the premises does that answer your question [49:55] sure and uh do breweries come in under the class one [50:02] then or are they a separate class all themselves very good question we actually have a separate um definition [50:08] for breweries tap rooms um that's all defined in our code as well but are they [50:14] going to be would they be considered in place of a class one in this area um I I think potentially you we [50:22] went through a big um ordinance update I forget when it was it was a little over a year ago at this point but we made [50:29] sure that um breweries were in acceptable use in in commercial zoning districts [50:35] so second question I had you talk about foursided [50:40] construction are you telling me that you want all little boxes in there big boxes [50:45] and if somebody came in with a triangle that met all the other requirements the triangle wouldn't be allowed by all the [50:51] boxes so I think the the important thing is the intent um you know regardless of [50:57] however many uh sides of a building there are the the intent is for consistency for facade so [51:04] that there is no apparent you know backside of the building where it's just a blank wall that that's doesn't appear [51:11] uh inviting or doesn't appear like you you can it's very obvious what you're [51:16] looking at I have a question too when he's done now you had in there I think three or [51:23] four of these sections you were referring to class one restaurants yes now class one restaurants restaurant [51:31] business is tough right now so if we design these for class one [51:36] only we could sit on ground sitting there for another 20 years without anything coming in based on the current [51:43] conditions in the restaurant industry so is there any leeway in any [51:49] of these plans to get rid of those class ones or would they have to be amended in [51:55] the future if somebody wanted to get in there so I I think um it's important to [52:01] know for for the particular parcel that were um were really dialed in on the [52:07] class one um the the southeast quadrant 34th and [52:12] Marketplace so yes what we're proposing is a Class one but it it does leave the [52:18] we are leaving the door open for a drive-thru option there so essentially [52:24] you know you could get um I don't want to um start naming restaurants but you could get a number of you know [52:30] potentially what what most people would consider fast food there on that site Mr Mr [52:37] chair just to add to that we're we're somewhat limited by our definitions in the code but that's something that as [52:43] staff you know if the intent is a a broader definition of what a restaurant [52:48] is that's something we can work on as staff because there's different variations where you you know go up to [52:54] the line and they make your burrito and then you take it back to the table and eat or you go up and you order and uh [53:01] you know then somebody brings it out to the table so just making sure we're allowing for a lot more types of [53:08] restaurants is something that uh um we can clear up in the intent because that [53:13] a lot of times the term fast casual is is thrown out there so we can uh work on that as staff as a followup if that's a [53:20] a desire of the Planning Commission and then final thing here we [53:25] have the option when an option too we're both putting both of those through so you can sort of pick and choose from [53:31] them once we get to the actual thing are we doing one or the other so what staff is proposing [53:38] is assuming that you know this the Amendments get adopted by the city council um as written there are you know [53:46] the two options several options really so commercial development is still valid throughout the uh the areas and the you [53:55] know what's in the amendment so option one option two for the individual tracks [54:00] if I might I'll throw in my question now because it relates to his what he said the only as I looked at your [54:07] exhibits the important pieces that I saw were things like the statement of direct access off 30 second is prohibited for [54:15] that one section and there was another thing similar to that but most of these options are kind of your conceptions of [54:22] possibilities not anything fixed as to what goes in there except your pushing for a restaurant at the one location [54:29] right well I I should say what if the the different site plan options are [54:34] adopted if a developer comes through with a a proposal it should be or it has to be in substantial conformance with [54:41] one of those options otherwise well then they would have if not then they would [54:46] request to amend what the site layout looks like okay you had a question I had a [54:54] question yes a couple um um so I'm just wondering is there a [54:59] demand for office space I mean because I it seems like that's kind of there's a [55:05] lot of open Office Space and I'm I'm just wondering why you would even [55:10] consider making building office space the analysis the study that WSB [55:18] performed for this they they touched on that I um corporate office I think is T [55:23] tends to be in lower demand these days but other office uses that uh the our [55:29] consultant had mentioned like healthcare clinics for example I mean that that's a [55:34] different type of office use but would be appropriate for this area Okay as an [55:40] example and then you were considering putting um residential and a residential area right [55:48] next to the train tracks I mean how often does that train go by I'm just [55:53] curious if it's very active [56:01] anyway just sounds like an unpleasant place to [56:07] live any other questions yeah yeah yeah um on the four condition that you're [56:15] recommending the fourth talk about L um Landscaping but your comment is said [56:21] Evergreens I am just hoping that in the resolution spells out exactly what it is [56:27] that Landscaping means for sort of U enforcement followup [56:34] purposes that's F Point thank [56:41] you uh one thing uh I thought of too is we we talked about it the last meeting I [56:47] was at a couple months ago there were was some discussion that we need senior [56:52] housing and there's no proposals for senior housing anywhere I'm just [56:58] wondering that might be a good area I I guess commissioner just to to [57:05] that question you know we're not specifying that the uh you know the type of residents who would reside here we're [57:11] simply um providing possible options for you know in certain areas apartment [57:17] buildings and in in other areas Town Homes [57:22] okay any other questions from the commissioner what I'm glad to see here at least [57:28] you're looking at options here this place has been open for 20 years um if a restaurant wanted to come [57:35] in here by now it would have been there as much as I want to see a restaurant so to your question what type of restaurant [57:41] class want or anything get a restaurant in there if it's fast food it's fast food if they want to be in there they're [57:47] going to be in there so I'm not I don't have a concern of what type of restaurants um I'd like to see the [57:55] option of the commercial retail I think it's a good thing changing the world has changed since [58:01] we've done this in 2005 so I'm glad to see this being opened up um glad we [58:08] talked about the Landscaping I agree that high density Landscaping on the south side is a good idea if it gets to [58:15] that point um who owns the existing billboard site now will that be is that [58:22] a least is that an own property because you're asking for that to be removed for put up new signage which is good but [58:30] someone's got to either buy them out or take care of that and I've heard rumors [58:37] of LA Fitness leaving and I don't know if it's true or not how would that impact this whole level whole [58:45] conversation but I'm for me I'm glad to see something [58:51] happening don't address the sure well actually I might defer to Andy on um if [58:59] we can even discuss the LA Fitness yeah it was LA Fitness yeah I mean we don't [59:05] have an answer to it so our staff reached out to them and they said they were not closing but we've also heard [59:12] heard elsewhere so we're kind of just taking a wait Andy approach we're you know doing some research too on in case [59:19] they did leave like are there other fitness places that are around that same size or other adaptive reuses for that [59:26] um could the building be repurposed would that require some sort of amendment in the future I guess we just [59:33] don't know um at at at this point it's just kind of too early in the process [59:38] and we don't even know like we said we we we heard they weren't from when we inquired but we just don't know it yet I [59:45] think some people have been confusing to Lifetime Fitness might be closing and I think they've been conflating the two [59:59] any other pertinent comments on this what was the other question before yours Mike Ard remember oh billboard yeah I [1:00:07] can just quickly address that so it is an existing lease with a property owner that's there so that that um would need [1:00:14] to be A Private Matter so the way that staff has um put this in there is more of a [1:00:20] carrot option that if the businesses developers wanted to come together and [1:00:26] figure out a way to do a another bigger sign from staff's perspective having [1:00:32] that billboard be removed um otherwise you you're going to get spacing issues is is how that would come together now [1:00:39] will that come together or does that have to come together no um but since we [1:00:45] were updating this and signage was such a big part of what we heard from uh existing tenants out there like how do [1:00:52] you brand this make an identity we we wanted to at least build an option [1:00:57] there I'm all forward coming from the south going north until you get past [1:01:03] 34th Street you don't know there's a complex there so I'm all for putting up a sign [1:01:13] early signage is always a big hot topic for the businesses that go in and that generally gets readdressed then too [1:01:20] so any other questions does the developer wish to [1:01:26] make any comments on this nope okay and at this point I'll open the [1:01:33] uh uh hi my name is Dan Terwilliger uh 13012 June Terrace [1:01:40] minona um yeah so my name is Dan triler uh I'm with launch properties the developer working on the proposed corner [1:01:47] of uh 34 Street North and Marketplace Drive um I'll be referring to that as [1:01:52] track three today um outside of a very strong legal argument that I believe we have um and [1:02:01] I'll let Tim Keane who will follow me uh get into that uh I just wanted to touch on a few items a little bit of [1:02:07] background uh We've Been Working On Track three for almost two years now um we've been patient and uh continuously [1:02:14] told to hold off on our submittal with the city as this PUD amendment has been [1:02:20] discussed uh since marketing the site we have been turned down by numerous restaurants full service and Quick [1:02:26] Service restaurants um the site has sat vacant since Target's opening in 2007 [1:02:33] that's 17 years and that's not due to lack of marketing of the site um it has [1:02:39] been and remains available to restaurants uh this site also has [1:02:44] private restrictions from groups like McDonald's and Target um and for sake of time I won't [1:02:50] go into too much detail about our proposed project today um but [1:02:56] um I do want to mention that um sorry I'm getting off track here uh [1:03:03] anyways um I went on to Cornell Law school's website defining spot zoning spot zoning refers to when a piece of [1:03:09] property or groups of property have special zoning laws applied to them that differ from the zoning laws surrounding [1:03:15] them the practice of spot zoning can be controversial and may be illegal um as it relates to spot zoning [1:03:21] it pulled the full excerpts from tonight's agenda uh per City's the City's proposal they stated track 3 must [1:03:28] contain one class one restaurant as a standalone use or incorporated into a multi-tenant commercial building uh two [1:03:35] buildings are permitted on site uh provided that each contain a class one restaurant if the square footage meets [1:03:42] City standards uh given these restrictions or restaurant requirements [1:03:48] um uh are not being contemplated on any other surrounding parcel this seems to be very similar to spot zoning uh the AL [1:03:56] agenda also mentions the current Oakdale Marketplace PUD uh quote designated [1:04:02] several restaurant spots near 34th Street with high visibility from vehicle [1:04:07] traffic uh the two areas where restaurants were designated in the original plans did not come to fruition [1:04:13] as other uses have been established on site um so this just reiterates that the city has tried this in the past with no [1:04:21] success um as these Amendment as these Amendment conversations continue at the city's launch properties withheld its [1:04:27] application at the city's request um once they caught wind that we were going to submit they immediately placed a [1:04:34] moratorium on this area um per wsb's report which is also included in the [1:04:40] agenda tonight uh they stated in response to questions about attracting restaurants in the area it was indicated [1:04:47] by many that it would not that it would be very difficult to attract sit down restaurants to this [1:04:52] location um and then it gives an example the city of Egan in Dakota county is a strong retail market and in recent [1:04:58] development projects the city required restaurants only to have those spaces remain vacant this is another perfect [1:05:04] case study on how requiring restaurant has not worked in other municipalities uh to anyone that follows [1:05:10] retail closely um you might be aware that many are closing locations right now um Red Lobster to name one um with [1:05:19] Rising wages you know keeping restaurants open is very difficult and when restaurants are looking for new [1:05:25] locations uh there's a lot of factors that play into this uh in summary um [1:05:31] I've been working on this for almost two years now and we um are open to [1:05:37] restaurants going here but they just do not work so uh I'm here tonight to just ask that you guys deny the [1:05:43] recommendation to approve uh the amendment to the Oakdale Marketplace Beauty thank [1:05:49] [Music] you Mr chair I just technicality I [1:05:55] believe you have to open up the public hearing at this point so that's what I was intending to do but it got derailed [1:06:02] so I will be opening in the public hearing will hold the S same rules as before I hope you self-regulate to three [1:06:08] minutes because I'm not really timing you but we've greatly exceeded the three minutes in the previous one so please [1:06:14] try and contain yourself to three minutes and 20 minutes total with that I open up the public hearing [1:06:27] good evening Mr chair uh members of the commission my name is Dan Regan I am also uh the principal of launch [1:06:35] properties and the applicant uh of the project that was the [1:06:41] uh origin of this whole process of studying the the Oakdale Marketplace [1:06:48] area like Dan Terwilliger said we we brought a concept plan in for a [1:06:54] two-building development back in uh 2023 at the time we had a letter of [1:07:02] intent to build a bank and a letter of intent to build a l Schwab Tire [1:07:08] Shop we were uh it was asked of us that we come in for a city council Workshop [1:07:17] so that we could get feedback from elected officials and the city's staff uh at the time it was very clear [1:07:26] that there were uh a lot of opinions negative [1:07:31] opinions about those uses that we were proposing so uh as patient and [1:07:37] experienced developers do we understood that a lot of the times there is a a [1:07:44] process that you must go through to arrive at the the end of the road if you [1:07:49] will uh and we entered into that a long long time ago um [1:07:56] and in addition to being a developer I come before you tonight not only as a me a representative of of launch properties [1:08:02] and the applicant but also as a longstanding member of the community I think I mentioned it before but I I grew [1:08:09] up in North St Paul I now live near the intersection of Inwood and 10th Street uh I may have attended a social [1:08:17] gathering at former mayor Sak's house when he and Luan were out of town on several occasions many many many years [1:08:26] ago uh I drive up and down 34th Street almost every single day I drive up and [1:08:33] down 694 almost every single day I understand the the the the micro trade [1:08:41] area and uh not only as a local resident but also as a developer of retail [1:08:48] properties for tenants that go on sites like this we're very Niche focused we [1:08:54] only do Banks National retailers National restaurants we do it throughout the Twin [1:09:02] Cities and we do it nationally I think we have 16 projects going in Florida [1:09:07] right now as an example Georgia Nevada we know exactly where they will go and [1:09:12] where they won't go um and that's why we [1:09:17] feel that the the the way this whole PUD amendment has been framed [1:09:25] has been selling we're adding flexibility to the [1:09:30] permitted uses here and I think that there are merits to those uses that are being added in certain areas of this [1:09:38] development because it's obvious to all of us that it has been unsuccessful and [1:09:44] it has been handcuffed for many many years whereby had the uses been [1:09:51] broadened years ago the whole thing might have been developed by now uh and [1:09:57] considered more successful than we all know it has been um but as the applicant [1:10:03] on the one corner that is being further [1:10:09] handcuffed now and is being prohibited by what is being proposed on that corner [1:10:17] is Road blocking a good development that is ready to go right now we have an [1:10:23] application before the city that has been deemed [1:10:28] complete we can move forward with that right now uh but we [1:10:34] are feeling very much uh disregarded excluded from the [1:10:41] process roadblocked from moving forward with a viable development on this parcel [1:10:49] and I'm here tonight to ask you to make a recommendation to staff to at minimum [1:10:57] amend the resolution remove the pro prohibition that is proposed on this [1:11:02] corner and think logically about what is practical and why we're doing this we're [1:11:09] doing this because we want this development to be more successful the USB study that the city engaged it [1:11:16] clearly states to Anyone who reads it there isn't demand for class one restaurants [1:11:22] here all you have to do is read it then why are we trying to further handcuff [1:11:29] this site on one of the prominent Corners in the site to a use that isn't [1:11:36] going to happen think about [1:11:44] that uh so we are very much opposed as the applicant to the proposed amendment [1:11:52] when it comes to that specific uh change to the beud and I just want to clearly [1:11:58] state that and help people understand some of the context behind our opposition thank you thank [1:12:04] you anyone else wish to come forward to make comment on [1:12:09] this and again I'll say please try and self-limit yourself to three minutes [1:12:15] good evening uh Brad medd uh 7601 31st Street North this is my main um um where [1:12:22] I've came to um make my comment notice tonight um I live uh directly south of [1:12:28] this new Harland uh apartment building I used to be able to look out between my [1:12:34] neighbors houses and uh see imation and all the Green Space uh before me um I'm [1:12:40] kind of disappointed that uh we did not get notice that there was going to be a put amendment to allow this uh apartment [1:12:48] building in my opinion the only um appropriate place for an apartment building would be in that Outlet or that [1:12:56] South Outlet spot uh south of U LA Fitness um where they will have plenty [1:13:02] of parking for all of those uh apartment uh units um where it is currently built [1:13:09] there's no way that they've got enough parking for all 156 units uh underground [1:13:14] and street parking there's no way there's going to be enough uh parking so that people are going to be [1:13:20] parking either on the streets parking over at uh um um AutoZone uh essay or [1:13:27] even uh parking over in the Target parking lot um and or the pins lot as well um what and and so that's the [1:13:35] primary thing first uh that I wrote down was um are we going to be able to hear these legal challenges uh to um any um [1:13:44] am amendments to the Pod uh two are these email comments going to be uh uh [1:13:50] read aloud so those of us in the audience can hear them um I I've already [1:13:55] kind of covered my my housing thing that um any high density any housing should be um located in that South uh southwest [1:14:03] corner south of LA Fitness um and then I totally oppose any change to the [1:14:10] existing um commercial buildings that are there um I'm all for uh parcel 3 uh [1:14:19] for the tire change the bank obviously I I want restaurants I want commercial [1:14:25] buildings in that space I don't want housing I the rest of my neighbors are the same way we want commercial [1:14:32] buildings we want um you had made comment earlier about the uh micro Brewery or whatever we want sit down [1:14:40] restaurants we don't want fast casual um but we want that space filled I also [1:14:47] understand that that space won't get filled until the housing density uh increases and that's part of our issue [1:14:53] with that as well um 3M held on to that land uh north of Iman for way too long [1:15:00] and then um also we've got to deal with Lake Elmo now um you know with their [1:15:06] zoning and filling in the rest of their uh that Farmland that's just uh east of hel U ideal as well so thank [1:15:17] you anyone else come to wish to come forward to make comment please give your name and [1:15:23] address again please TR s limited to 3 minutes I'll be sure thank you for having me up here can you hear me mhm [1:15:31] sorry a little tired I drove three and 1 half hours just to get back here for this I moved my daughter into college in [1:15:37] Iowa because she got a full scholarship in soccer I thought it was very important to be here [1:15:43] tonight years ago we were promised to be restaurants businesses in that [1:15:49] area and I know it was a slap in her face when that apartment got built and [1:15:54] I'm want to give you guys a compliment this time because this time you're telling all of us originally there was a proposal put [1:16:01] six more of those buildings in thank God that's not even being considered anymore [1:16:07] 163 units times 7 that's over a thousand so I'm glad that's not even being talked [1:16:13] about anymore I would like to have restaurants businesses before I left for Iowa wife [1:16:21] uh the daughter's tail light was out we ran to that Auto Zone right in that thing there and we went to quickly went [1:16:28] to Target grab her some stuff for her dorm before we left for the road my daughter my other daughter works [1:16:35] at Target my son's girlfriend works at pens we do a lot in this area I don't [1:16:41] want to go to Woodberry anymore to go take my wife on a date to a restaurant I [1:16:47] would like to go a few blocks over do a nice restaurant or Brewery or some type [1:16:53] of business even Healthcare you're talking about I mean it would be great to have uh what is that Tri care that [1:17:01] little things middle of the night said driving all the way to Woodberry we all drive to Woodberry it'd be nice to have [1:17:08] something right here in our area when I was overseas 10 years ago fighting for this [1:17:14] country that Target was a godsent to my family my wife has four kids it was [1:17:20] easier to go to that Target when I was overseas fighting the get milk food [1:17:27] clothing at that Target she didn't go to Woodberry she went to that Target and [1:17:32] sometimes at McDonald's so that was a very critical for my family what other families might fall in that same [1:17:38] situation how the world's going so I please ask beg you the original proposal [1:17:45] was to put businesses there I want to see restaurants and business because I [1:17:50] will use it I don't want to go to Woodberry anymore I don't want to spend my money in Woodberry I want to spend it [1:17:55] here in Oakdale by the way you're talking about Senior Living only a few blocks over there huge complex being [1:18:02] built I and about that um cross the road 14th they put over a thousand units [1:18:09] apartments and everything originally original plan was soccer fields and sports fields which nobody knew that got [1:18:16] changed so thank you for bringing this out in the open thank you for finally coming to [1:18:23] the people again and let us no not like that shady business with that apartment and other things so I give you an [1:18:30] improvement for thank you for communicating to us thank you thank [1:18:35] you anyone else wish to come [1:18:40] forward chair and commissioner my name is Alan Dale we're the owner of Oakdale [1:18:47] station I live at 1 19350 Walden trail and I appreciate that the city is [1:18:53] looking at a PUD for this area and expanding the uses I think that currently and in the [1:19:01] near and intermediate term for our parcel which is the parcel south of LA [1:19:08] Fitness the primary use will be multifam or industrial so I appreciate uh the Pud [1:19:16] opening up the uses and I just uh suggest that it be as flexible as [1:19:22] possible and let the future developer come in and tell us what really is going to work there instead of trying to force [1:19:29] feed um the uses thank you thank [1:19:41] you I'll do this in one minute okay I appreciate it you bet my name is John [1:19:46] Rous I live at 5229 minoga teras I've uh [1:19:52] been working in Oakdale for 25 years we did the biggest industrial building at the time at 36 and 694 about 20 years ago um and [1:20:00] I'm the broker for Mr Dale I've been working on this uh the 16 Acres immediately south of LA Fitness probably [1:20:07] now for about 12 or 15 years and I should have been fired by now for not selling it but we we cannot nor can Dan [1:20:17] rean um or you know the folks from Avalon make a restaurant come just [1:20:22] because of the zoning these people are going to come going to spend 67 million on a restaurant if the market is is [1:20:29] there for it so just by by narrowing down the Zoning for a restaurant is not [1:20:36] necessarily going to make it happen there so um we appreciate you broadening [1:20:41] the the Pud zoning as is being proposed by the city staff and if you were going [1:20:47] to you know do something with the restaurant we'd ask that you maybe separate the the two considerations [1:20:54] making multif family and allowed use on the 16 Acres we've seen a lot more interest in that uh world than we have [1:21:02] anything else and I know we spent a lot of time with different city consultants and city meetings uh going through the [1:21:08] Pud zoning and this is this is the the flexibility is the result we're looking for the world's changed after covid and [1:21:16] you know it's really hard to stick with zoning that's been put in place 20 years ago or prior to co so hopefully that was [1:21:23] less than a minute thank you thank you [1:21:33] hello Michelle kasgro 7680 31st Street Plaza my husband and I have lived in [1:21:39] Oakdale for 17 years in the Anna Grove complex um we attended the last planning [1:21:44] session where we voiced concern about more residential um I like the others take all my [1:21:51] business to Woodburry would love to see some Brewery commercial retail property here um but [1:21:58] beyond that the capacity of Eagle Point Elementary it went from 350 to 700 [1:22:04] students two years ago and the 1700 unit property behind Forefront is all zoned [1:22:11] for Eagle Point so my concern is where is that going to take the school we're already at 700 kids we're at Max what [1:22:18] will all these new buildings and residential due to that school thank you thank you [1:22:33] uh good evening uh Mr chair and members please pardon name and address yeah I [1:22:40] was just introducing myself thank you uh my name is Tim Keane Kea NE and [1:22:47] I uh office at 6 South 6 Street Minneapolis and I am here on behalf of [1:22:54] uh Oakdale Marketplace LLC and uh by way of background I should [1:23:01] disclose that I was the City attorney that negotiated this planed unit development [1:23:06] agreement and uh at the time the city was most interested and [1:23:13] focused on target very anxious to get the target development here and uh making sure that ideal [1:23:21] storage was uh limited not going to grow and that ultimately that would be a use [1:23:27] that would be transitioned to a more permanent use the rest of the property was going to be guided and controlled by [1:23:34] the uh C2 District standards to allow uh [1:23:40] maximum flexibility for uh use and development of the site uh this is a staff or a city [1:23:48] initiated uh Amendment and uh I'm just going to focus on a couple [1:23:55] uh uh points uh with regard to the process uh the the planned unit [1:24:03] development agreement is uh a binding it's contractually uh uh articulated [1:24:10] agreement that uh binds the city and the parties to an understanding governing [1:24:17] the future use of the property and uh one party cannot [1:24:23] unilaterally uh amend the Pud and the Pud agreement it's got to be done by [1:24:29] mutual agreement of the parties and the uh planned unit development agreement is [1:24:34] very clear at section 16 that uh any Amendment or modification of the [1:24:40] agreement must be in writing and signed by affected parties or parties to the [1:24:47] agreement uh when the agreement was [1:24:52] negotiated uh the the developer sought and um [1:24:58] Incorporated a clear articulation of uh vesting of Rights vesting of rights that [1:25:06] uh provides a clear road map for what can be done with the balance of the property over [1:25:11] time and uh based on those understood rights they've invested millions of [1:25:17] dollars in uh in the property and uh [1:25:22] that is uh uh A continuing effort uh to develop as the area [1:25:29] matures uh but the uh the ultimate use of the property is governed by the C2 [1:25:34] zoning District regulations uh this uh narrowing uh and [1:25:41] layering in of new restrictions uh is not contemplated in [1:25:47] the Pud agreement and cannot be accomplished uh without agreement of the [1:25:53] parties to the agreement uh I think you've got an issue [1:25:58] of uh potential regulatory takings uh by Heming in uh one of the [1:26:05] sites to be limited to a uh uh a a a specified restaurant type of [1:26:12] restaurant uh that property has been uh marketed for nearly 20 years uh with a [1:26:20] preference for restaurant users uh unsuccess y so [1:26:25] far uh the city's own Market study and uh report concluded that uh the uh it [1:26:34] would be very difficult to attract a sit down restaurant at this location uh I think we've heard that [1:26:40] again and again uh and to uh ask the property [1:26:45] owner to hold the property until a restaurant comes along uh is uh I think exposes the city [1:26:53] to some issues of uh regulatory takings uh with regard to the [1:26:59] moratorium uh moratoriums are allowed in Minnesota certainly uh the city has exercised uh [1:27:08] the broad authority to uh Implement a moratorium but it's a planning device and there are limits there is a [1:27:15] guard rail on moratoriums it cannot be used uh uh to uh Target or uh be enacted [1:27:24] to delay or prevent a single project and given the sequence of events uh the [1:27:30] application the adoption of the moratorium it kind of looks like this [1:27:36] was a targeted moratorium attempting to uh delay or prevent a single project and [1:27:42] I think that's highly problematic so I respectfully request that [1:27:48] uh uh the uh Planning Commission recommend denial of the proposed amendments [1:27:55] and reboot the process and uh work with the developer the property owners and uh [1:28:03] can reach a mutual understanding of the future amendments that's the way the uh [1:28:08] PUD agreement process works so thank you very much thank [1:28:15] you any other comments hopefully not redundant please not that that was redundant I [1:28:21] just wanted to make sure we don't get redundant ones uh see no one come forward I'll ask one [1:28:28] I'll offer it once again if there's anyone who wishes to come forward otherwise I will close the public [1:28:37] hearing chair and commissioner my name is alen Dale I have I have a question [1:28:43] it's my understanding that these are two separate puds or is it one PUD two [1:28:48] separate puds amendments so the Pud for Oak Oakdale station and we're [1:28:56] supportive we are supportive of the Pud for Oakdale [1:29:02] station okay thank you very [1:29:07] much resetting the clock anyone else wish to come forward otherwise I will close the public [1:29:13] hearing public hearing is closed we're bring it back for comment here anyone else have comments on the [1:29:20] commission again like I said before I'm glad to either's expansion of use flexibility of [1:29:27] use I have an issue with some of the you know people are talking about the [1:29:32] restaurant restaurants would to be here they're going to be here um they would have been here by now I go to Woodberry [1:29:38] myself I would prefer restaurants there if they're going to come they're going to come but they're right now they're [1:29:43] not coming so to hold a project up for not for waiting for a restaurant I don't [1:29:49] agree so I'd like to see anything be built there's commercial retail and that [1:29:54] sense um the southern part you talk of the Southeastern southwestern part of it [1:30:00] as far as um come becoming housing that seems like a good fit for that area over [1:30:07] and there the rest of the area we could be much commercial retail as possible I am concerned about moving [1:30:15] ahead with this because of the background I don't want to use legal [1:30:21] issues um but question out there um unanswered I guess if we don't know [1:30:29] that yet so for us to approve something without knowing what could happen doesn't seem make sense someone used the [1:30:36] word reboot kind of like that idea myself reboot till we come back to better answers um but I like to see this [1:30:43] expanded and flexibility of the site itself but maybe just needs another relook at this [1:30:51] that's all else wish to [1:30:57] comment okay I'll throw my two cents into on the comments I had talked with [1:31:03] others before this I don't agree necessarily with [1:31:09] withholding the rights of the property owners to do a lot of the things they wish to do with their property so I'm a [1:31:14] little hesitant on that one aspect of it and uh I would urge city council to [1:31:21] consider taking it out the rest of the uh ordinance change would be acceptable [1:31:28] but that part I do have a big problem with myself so I guess that's my [1:31:33] recommendation to the city council going forward on this if we pass both is to [1:31:39] reconsider the that particular parcel because [1:31:45] it's I just view it as too restrictive on personal [1:31:51] property so that said uh any further discussion on whether on [1:31:57] we'll be taking each ordinance individually you can make your votes according to [1:32:04] that uh the first one any any further comments from staff [1:32:10] at this point though I'll offer that no no additional comments sure okay [1:32:21] uh make sure which which one we'll take Oakdale station first which I believe [1:32:27] there is no no major controversy over so I look for a motion to recommend the approval of the Oakdale station planned [1:32:33] unit development Amendment so moved second second moved and seconded all [1:32:40] those in favor I I I any opposed [1:32:45] I that one passes to the city council the next one is the motion to recommend [1:32:51] the approval of the Oakdale Marketplace planned unit development uh looking for a [1:32:59] motion some second second all those in favor I I all those [1:33:07] opposed i i i that one would appear to [1:33:13] fail 3 to two 3 to two yep three to [1:33:22] two it will be of course taken up by the city council because we only do Rec I thought I heard three eyes and only two [1:33:30] oh you were I apologize I didn't hear that okay okay City attorney did you [1:33:35] catch that at all [1:33:42] or yes uh chair M of the commission I we heard something [1:33:47] different I think you should take a roll call vote on that one so you know exactly what it was so the motion was to [1:33:54] recommend the Oakdale um Marketplace PUD [1:33:59] that was the motion corre I would suggest you do a roll call vote so you know exactly what the count was [1:34:06] okay if you do the roll call please Pearson uh Nay Will and bring I moli no di I hegen [1:34:20] no [1:34:28] and again to place this in context we are recommending recommendation body we are not the ones who make the decision [1:34:33] so it does it does go forward to the city council at this point with our [1:34:42] recommendation moving forward staff the is on update yes thank you chair couple [1:34:48] updates on the July Planning Commission applications so the uh Murray [1:34:53] conditional use permit so that's the oversized shed that was uh recommended for approval by the city council uh at [1:35:00] their past meeting and then the Tanners Lake Redevelopment that is uh kind of still in limbo uh city council date for [1:35:08] that action is to be determined at this time and then uh our submittal deadline [1:35:15] for the uh September Planning Commission meeting that's actually next week so we're not quite sure yet if we're going [1:35:21] actually going to have a September meeting so but that's all I have thank you thank you very much any updates from [1:35:27] the Commissioners any none I will move on to council aison update which would be [1:35:39] Kevin thank you Mr chair Commissioners um first and foremost I just want to can [1:35:44] somebody shut that door so loud Andy could you get that for us thank you um [1:35:50] no first and foremost I want to thank the commission and everybody who's attended um um the last two meetings have been very busy for the Planning [1:35:56] Commission tackling big topics you know big development projects PUD amendments never easy and always a lot of work to [1:36:03] get through those so um I think this commission has done extraordinarily well in you know welcoming conversation [1:36:09] having a a thorough debate on behalf of the city council we really appreciate that it it is very helpful for us to [1:36:16] take all that into consideration so thank you um in terms of work that the city council has going on it's budget [1:36:21] season um pretty much from May through December we are working on the next year's budget and so um we have been [1:36:28] working our way through with our city staff um through the individual departments uh employe employment [1:36:34] requests you know bringing on additional Personnel uh we just went through our utility funds and um we've taken more [1:36:41] recently a look at our our park fundings for or our Park projects for next year so um a lot lot going on um there will [1:36:48] be um more more updates um as we get closer to the preliminary Levy adoption [1:36:54] in mid-september and then final budget adoption in December so keep an eye out for those um other than that I am H [1:37:00] happy to answer any questions you may have nothing nothing all right thank you [1:37:07] thank you very much mayor Z I look for a motion to adjourn make a [1:37:12] motion to adjourn second those in favor any oppos seeing none we are [1:37:22] adjourned for