Jan 28, 2026 Planning Commission

[I. CALL TO ORDER]

[00:00:10]

2026 MEETING OF THE STILLWATER PLANNING COMMISSION. WE HAVE MOST OF OUR MEMBERS ARE HERE.

WE ARE MISSING SWANSON AND COMMISSIONER SWANSON AND HOFFMAN, BUT OTHERS ARE HERE.

[III. APPROVAL OF MINUTES]

WE HAVE A MOTION AND A SECOND FOR APPROVAL OF THE MINUTES. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. THOSE OPPOSED? OKAY. NEXT UP IS THE OPEN FORUM. THIS OPEN FORUM IS A CHANCE FOR FOLKS TO TESTIFY ON AN ITEM THAT IS NOT LISTED ON TONIGHT'S AGENDA, IS NOT GOING TO HAVE A PUBLIC HEARING TONIGHT. SO IF YOU WERE HERE FOR SOMETHING OTHER THAN WHAT IS ON OUR AGENDA, NOW WOULD BE A TIME TO COME AND HAVE A LESS THAN FIVE MINUTE CONVERSATION WITH THE PLANNING COMMISSION AND TELL US WHAT YOU THINK. NOW WOULD BE THE TIME TO COME FORWARD TO DO THAT. SO THE OPEN FORUM IS OPEN, BUT SEEING NO ONE COMING FORWARD, WE WILL CLOSE THE OPEN FORUM. NEXT UP IS OUR CONSENT AGENDA, WHICH THERE IS NOTHING ON THE CONSENT AGENDA. SO WE

[2. Case No. CD2025-059: Planned Unit Development and Preliminary Plat for Brixton, a For-Sale 108-Unit Townhome Development at Manning Avenue North and 80th Street North– (Staff Reviewer: Ben Gutknecht, 651-430-8818, bgutknecht@stillwatermn.gov)]

IT CONSISTED OF FIVE TOTAL PROJECTS AND AGAIN 179 UNITS. THERE WERE TWO POINTS OF ACCESS FOR THAT PROJECT. THE PROJECT WAS ABANDONED AFTER APPROVAL BY THE APPLICANT. BRIXTON IS A COMPLETELY DIFFERENT PROJECT, NEW DEVELOPER AND A NEW APPLICANT. IT'S A 108 UNIT FOR SALE TOWNHOME DEVELOPMENT ON ABOUT 14.4 DEVELOPABLE ACRES OUT OF 15.8. IT IS A PUD, WHEREAS SUNDANCE WASN'T. THE PUD IS BEING REQUESTED IN ORDER TO ACHIEVE THE REQUIRED DENSITY AS NEEDED FOR TO AVOID THE CREATION OF ANOTHER TAILOR MADE ZONING DISTRICT. AND I'LL GET INTO THAT A FEW TIMES THROUGHOUT THIS PRESENTATION. BUT ESSENTIALLY, WE HAVE A FEW ZONING DISTRICTS IN THE CITY OF STILLWATER THAT HAVE BEEN CREATED IN RELATION TO A PROPOSED DEVELOPMENT THAT COME WITH SOME VERY SPECIFIC PERFORMANCE STANDARDS. AND TO AVOID CREATING ANOTHER ONE, THE APPLICANT IS TAKING THE MOST THE CLOSEST FIT TO WHAT THE PROPOSAL IS AND SEEKING SOME VARIATIONS USING A PUD. THE PROJECT HISTORY ITSELF. STAFF HAS BEEN WORKING WITH THE APPLICANT FOR A LITTLE BIT UNDER A YEAR NOW TOWARDS BRIXTON. THE APPLICANT HAS PRESENTED CONCEPTS BEFORE STAFF AT OUR COMMITTEE OR OUR DEVELOPMENT REVIEW COMMITTEES THAT INCLUDES ENGINEERING STAFF, POLICE, FIRE AND THEY ALSO HAD A FORMAL CONCEPT REVIEW BEFORE THE CITY COUNCIL AT THE END OF 2025. AGAIN, THEY'RE APPLYING FOR PUD AND A PRELIMINARY PLAT WITH A FINAL PLAT TO BE APPLIED FOR LATER. SO THAT'S NOT GOING TO BE PART OF YOUR REVIEW TONIGHT. BOTH ACTIONS ON PUD AND PRELIMINARY PLAT WILL BE RECOMMENDATIONS TO CITY COUNCIL. THE LOOKING AT THE SITE LOCATION AND EXISTING CONDITIONS. THIS IS THE SOUTHEAST CORNER OF 80TH AND MANNING OR COUNTY HIGHWAY 15.

IT CONSISTS OF THREE PARCELS HIGHLIGHTED UP THERE ON YOUR SCREEN. EACH PARCEL HAS A SINGLE FAMILY HOME THERE TODAY THAT IS PROPOSED TO BE DEMOLISHED. AS PART OF THIS REQUEST, THERE ARE WETLANDS ON THE SOUTHERN PORTION, SOUTHEAST AND SOUTHWEST. ANOTHER SITE PLAN LATER IN THE PRESENTATION WILL SHOW THOSE BETTER. THESE, ALONG WITH THE SETBACKS FROM 80TH AND MANNING, KIND OF HELPED TO INFLUENCE THE REDUCED DEVELOPABLE AREA AND THE COMPACT SITE DESIGN. THERE IS THE REGULATORY CONTEXT FOR THIS AREA. THE COMP PLAN DOES GUIDE THIS AS MEDIAN FAMILY DENSITY RESIDENTIAL, WHICH SUPPORTS TOWNHOMES OF THIS SCALE OF 6.5 TO 14 UNITS ACRES, 14 UNITS PER ACRE. THE UNDERLYING ZONING DISTRICT IS THAT COVE TOWNHOUSE RESIDENTIAL, WHICH INCLUDES DIMENSIONAL AND DESIGN STANDARDS MORE RESTRICTIVE THAN THE COMP PLAN. AND AGAIN, THE APPLICANT IS SEEKING INPUT FROM SOME OF THESE RESTRICTIONS AND A PORTION OF THE SITES WITHIN THE BROWNS CREEK, BROWNS CREEK STREAM SHORELAND OVERLAY DISTRICT. LOOKING AT THE SITE PLAN REVIEW, THE SITE IS ORGANIZED AROUND AN INTERNAL PUBLIC STREET SYSTEM. SO THAT'S THE KIND OF RECTANGLE HERE. THEY HAVE BUILDINGS CLUSTERED AROUND TO AVOID THE WETLAND BUFFERS. SO THERE'S YOUR WETLANDS DOWN HERE WITH THEIR BUFFER DISTRICTS OR THE REQUIRED BUFFERS. DISTANCES BUILDING SETBACK FROM MANNING AND MANNING AND 80TH BOTH MEET THE REQUIRED SETBACK DISTANCE PER CODE. THE THE VEHICULAR

[00:05:01]

[00:10:03]

WE DO FIND THAT THE REQUESTED PUD VARIATIONS ARE APPROPRIATE MECHANISMS TO RECONCILE THAT POLICY. ONE PART OF A PD, AND PROBABLY THE MAIN PART FOR THE CITY'S BENEFIT, IS LOOKING AT WHAT THE PUBLIC BENEFITS ARE. THE APPLICANT DOES SAY THEIR THEIR ABILITY TO MEET COMPREHENSIVE PLAN GUIDED DENSITY IS THE PRIMARY BENEFIT. THEY ALSO NOTE CONNECTION TO REGIONAL TRAILS AND THE PROPOSED ACCESS TREE PLANTING AS OTHER TWO BENEFITS. STAFF DOES RECOMMEND THAT THE PLANNING COMMISSION DISCUSS AND PROVIDE SOME DIRECTION ON WHETHER OR NOT THERE IS A LITTLE BIT MORE. IF THIS IS AN APPROPRIATE BENEFIT. WE ALSO SUGGEST TAKING A LOOK AT OPTIONS TO ACTIVATE THE OPEN SPACE BETWEEN IN THAT SETBACK AREA OF 80TH STREET AND MANNING, THERE'S A LOT OF GREEN PRESERVED SPACE. ABOUT 50% OF THE LOT OR THE PROJECT SITE WILL BE OPEN. SO LOOKING AT WAYS TO POSSIBLY ACTIVATE THAT, AS THERE IS VERY LITTLE FOR PUBLIC BENEFIT FOR THIS PROJECT. AGAIN, THE OTHER PART OF THIS OF THIS PROJECT IS THE PRELIMINARY PLAT. IT'S JUST THREE PLATS BEING PROPOSED TO CREATE 108 SEPARATE PLATS, OR LOTS RANGING FROM 1800 TO 2129FT■!S. THERE WILL BE TWO OUTLETS THAT CONTAIN OUR DRAINAGE UTILITY EASEMENTS, WETLAND BUFFERS, AND STORMWATER INFRASTRUCTURE. WASHINGTON COUNTY HAS APPROVED THAT EMERGENCY ACCESS AND TRAIL CONNECTION, BUT THEY'RE STILL REVIEWING THE OVERALL PLAT, AND WE'RE WAITING FOR COMMENT FROM THEM. AND THE DEVELOPER WILL BE PROVIDING A NUMBER OF DIFFERENT FEES THAT ARE REQUIRED, SUCH AS PARKLAND, TROUT STREAM MITIGATION. AND THIS WILL BE DETERMINED AND PAID FOR AT THE TIME OF FINAL PLAT. THERE'S KIND OF YOUR LOOK AT THE FINAL PLAT. I CAN COME BACK TO THAT IF YOU'D LIKE, BUT THAT'S JUST THE PRE THE SORRY THE PRE PLAN THAT WILL BE TURNED INTO THE FINAL PLAT. THE THERE WAS A NEIGHBORHOOD MEETING THAT THE APPLICANT DID HOLD THIS PAST MONDAY. THEY SENT OUT LETTERS TO THE NEIGHBORS DIRECTLY ACROSS THE STREET. SO MOST OF SETTLERS GLEN AND THOSE ADJACENT TO THEM TO GARNER FEEDBACK AND JUST SHARE WITH THEM WHAT THE PROPOSAL WAS AHEAD OF THIS MEETING. GENERALLY, THE COMMENTS WERE MOSTLY SITE SPECIFIC AND FOCUSED ON THE ADJACENCY IMPACTS RATHER THAN THE USE ITSELF. THE LIST UP HERE KIND OF GOES OVER WHAT WAS DISCUSSED, OR WHAT STAFF TOOK AS NOTES THAT WE HEARD A LOT OF PROPERTY VALUE INQUIRIES, TRAFFIC AND INTERSECTION IMPACTS THAT SPECIFICALLY AT 80TH AND MANNING, AGAIN, SOMETHING THAT WAS DISCUSSED AT SUNDANCE, AND THAT TRAFFIC IMPACT ANALYSIS SHOWED THAT IMPROVEMENTS WERE CONSIDERED TO BE UNLIKELY TREE PRESERVATION. THERE WAS A QUESTION ABOUT RENTAL ALLOWANCE AND WHAT THIS SITE COULD DO FOR RENTAL, AND THE APPLICANT WAS ABLE THE DEVELOPER WAS ABLE TO PROVIDE THAT THEIR STANDARD, THEIR STANDARD RATE IS 30% OF THE DEVELOPMENT COULD BE RENTED AS PART OF AN HOA RULE. AND THAT IS SOMETHING THAT THE HOA WOULD MANAGE. THE ONE THAT STOOD OUT TO STAFF. THE TWO THAT STOOD OUT TO STAFF WAS PARKS AND PEDESTRIAN SAFETY, ALONG WITH AMENITIES AND OPEN SPACE. SO AS I MENTIONED EARLIER ABOUT PUBLIC BENEFIT, WHAT ARE WAYS THAT WE CAN ADD SOME PUBLIC AMENITIES TO THIS LOCATION? FOR THOSE THAT LIVE HERE, SOME ADDITIONAL MATERIALS WERE ALSO SUBMITTED IN YOUR PACKET THAT I WANTED TO MAKE SURE THAT YOU KNEW WERE THERE.

THE TOWNHOUSE HEIGHT ELEVATION WAS PROVIDED, BUILDING PAD DEPICTIONS, UPDATED SITE PLAN, AND AN ILLUSTRATED UPDATED SITE PLAN. THESE WERE PROVIDED TO CONFIRM COMPLIANCE OF THE ZONING STANDARDS AND IMPROVE CLARITY ON FUTURE BUILDING PERMITS. AS WE CONTINUE MOVING THROUGH THIS PROCESS, AND THE UPDATED SITE PLAN DOES REFLECT AN INCREASED EASTERN SETBACK.

SO WHAT I MEAN BY THIS IS THE SITE PLAN SHOWED AN UPDATE TO HOW THIS SETBACK DISTANCE BETWEEN THE BUILDINGS WERE MEASURED PREVIOUSLY HAD GONE TO THE BUILDING THE LOT FOOTPRINT RATHER THAN THE BUILDING FOOTPRINT THAT HAD BEEN CHANGED IN THE UPDATED SITE PLAN, WHICH IS IN THIS PRESENTATION FROM 38.5 TO 40FT, STAFF IS LOOKING AT THESE TWO DIFFERENT USES AGAIN AND TRYING TO FURTHER PROVIDE SOME SCREENING AND SEPARATION. STAFF WOULD PROPOSE THE THE PLANNING COMMISSION LOOKING AT POSSIBLY HAVING THE APPLICANT REDUCE THE BUILDING SEPARATIONS BETWEEN THIS AREA, WHICH IS ABOUT 23, 24FT DOWN TO 20, AND IT'D GET ANOTHER NINE AND A HALF TEN FEET THAT WOULD BE ABLE TO BE USED TO FURTHER MOVE THESE BACK. POSSIBLY.

THAT'S SOMETHING THAT WE'VE MENTIONED TO THE APPLICANT, BUT WE HAVEN'T SEEN ANY UPDATED SITE PLAN OR REQUESTED THAT YET. THE KEY ISSUES THAT STAFF IS ASKING OUR PLANNING COMMISSION TO TAKE A LOOK AT ARE PARTICULARLY LOOKING AT THE INPUT FOR PUBLIC BENEFITS ASSOCIATED WITH THE PUD. IS THE LESS INTENSIVE BUILDING SETBACK ADJACENT TO THE WEDDING VENUE BEING MET? THAT'S AT PUD STANDARD THAT I ALLUDED TO EARLIER, THAT THE APPLICANT ASSERTS THAT THIS IS NOT A LESS INTENSE LAND USE. IS THAT BEING INTERPRETED CORRECTLY, AND THEN DOES THE PROPOSED SCREENING CONDITIONS ADEQUATELY ADDRESS CONCERNS FROM THE WEDDING VENUE AND THE NEIGHBOR TO THE SOUTH? AND ARE THERE ADDITIONAL CONSTRUCTION RELATED CONDITIONS NEEDED? THOSE ARE THINGS THAT WE'LL BE ASKING YOU TO WEIGH IN ON. THERE ARE A NUMBER OF PROPOSED CONDITIONS IN YOUR STAFF REPORT GENERALLY LOOKING AT HOW THE PUD IS APPROVED, THE VARIATIONS THAT ARE BEING SOUGHT AND MEMORIALIZING THE TARGETED MITIGATION, NATURAL RESOURCE AND ENGINEERING COMMENTS, AND WHEN THOSE NEED TO BE APPROVED AND IMPLEMENTATION OF CONSTRUCTION CONTROLS. ONE THING THAT IS IN HERE TOO, IS ALWAYS THAT

[00:15:03]

ONE QUESTION I HAD, THERE'S A SPECIFIC CARVE OUT FOR THE HOMEOWNERS ASSOCIATION TO ADDRESS THE PARKING LOTS. I WAS A LITTLE SURPRISED BY THAT. I THINK THAT'S THE FIRST ONE OF THOSE I'VE SEEN. I'M CURIOUS WHAT YOUR THOUGHTS ARE. THIS IS ACTUALLY SOMETHING I'VE HAD AN OPPORTUNITY TO SHARE BRIEFLY WITH THE APPLICANT AS THEY WERE COMING IN THIS EVENING. RIGHT NOW, THE APPLICANT IS PROPOSING THAT BECAUSE THIS IS A NARROWER, NARROW PUBLIC STREET. AND THAT'S SOMETHING I SHOULD HAVE MENTIONED. THIS IS ALL PUBLIC, NOT PRIVATE, THAT THE PARKING LOTS WOULD FALL WITHIN CITY RIGHT OF WAY. HOWEVER THERE COULD AND I CONFIRM, I CHATTED WITH OUR CITY ENGINEER ABOUT THIS. IF THERE WAS SNOW REMOVAL PROPOSED BY THE CITY FOR THOSE GUEST PARKING LOCATIONS, THEY WOULD LIKELY FALL UNDER THE CITY'S SNOW REMOVAL TIMELINE, SCHEDULE, AND ALSO CITY ORDINANCE AND RULES. SO THE WINTER PARKING RESTRICTIONS THAT COULD APPLY HERE, SOMETHING THAT I THINK WOULD BE WORTH CONSIDERING FOR THE APPLICANT AS WE MOVE IF WE MOVE FORWARD TO FINAL PLAT, IS LOOKING AT A WAY TO WORK THAT INTO THE HOA, THAT THEY WOULD HELP WITH THE MITIGATION OF SOME OF THAT, OR JUST TIMING AND SCHEDULE OF SNOW REMOVAL SO THAT THERE'S LESS CONFLICT FOR THOSE VISITING OR STAYING AT THIS COMPLEX. THANK YOU. THAT WAS PART OF MY THINKING WAS IT'S NOT CLEAR TO ME WHERE SNOW REMOVAL WILL GO INSIDE OF THERE. THE OTHER ONE IS JUST SIMPLE MAINTENANCE. IT'S NOT CLEAR TO ME, YOU KNOW, WHO WOULD OWN THAT, OR THE CITY WOULD OWN THAT. IF WE CURRENTLY IT LOOKS LIKE IT WOULD BE IN THE CITY RIGHT OF WAY. AND THAT'S SOMETHING THE MAINTENANCE AND THE MAINTENANCE OF THAT WOULD HAVE TO CONTINUE WORKING WITH THE APPLICANT ON THERE IS WE DID DISCUSS SNOW REMOVAL AND APOLOGIES FOR NOT MENTIONING IN THIS. THAT WAS ONE OF THE FIRST COMMENTS THAT CAME UP AT ONE OF OUR STAFF REVIEW COMMITTEES, AND THE APPLICANT HAS BEEN WORKING WITH THEIR STORMWATER CALCULATIONS TO ENSURE THAT WHERE STORM REMOVAL COULD GO FOR SNOW REMOVAL, HERE, ALSO, THE STORMWATER FACILITIES CAN ARE ADEQUATELY SIZED TO CAPTURE THAT. SO THEY WOULD LIKELY THE SNOW WOULD LIKELY STAY ON SITE AND BE REMOVED PLOWED TO THAT SITE AREA. I'M GOING TO NEED TO GIVE YOU $20 BECAUSE YOU KEEP LEANING INTO MY NEXT QUESTION.

THE WATERSHED. DO WE HAVE ANY EARLY DESIGN IDEAS OF WHERE THEY'RE HEADING? THEY CAN BE A LITTLE OVER COMPLICATED SOMETIMES WITH THESE, AND THAT RECYCLED PIECE OF IT IS TENDS TO CAUSE A LITTLE BIT OF ALARM FOR ME, THE APPLICANT, AND I DON'T THINK I'M SHARING TOO MUCH. THE APPLICANT HAD WORKED WITH THIS WATERSHED IN THE PAST, AND I THINK THEY MAY HAVE REACHED OUT TO THEM BEFORE THEY EVEN REACHED OUT TO US TO ENSURE THAT THEY WERE WELL AHEAD ON THESE PLANS. I BELIEVE THE WATERSHED MEETING WILL BE FEBRUARY 18TH, AND THEY'RE THE ONES AGAIN. THE APPLICANT MIGHT BE ABLE TO BETTER ANSWER THESE QUESTIONS, BUT SOME OF THE LIKE SWALES HERE, WITH THE FORESTED SWALES BEING PROPOSED THERE, I'M NOT SURE ABOUT THE WATER REUSE SYSTEM. THAT MIGHT BE A RECOMMENDATION BY THEM AS WELL, BUT I KNOW THE APPLICANT IS WORKING CLOSELY WITH THE WATERSHED. AND THEN LASTLY, YOU DIDN'T SAY TREES IN THE LAST ONE, SO I DON'T OWE YOU $20 ANYMORE. JUST ANTICIPATING SOME QUESTIONS THAT WE'RE GOING TO GET. COULD YOU. SO THE THE WAY THIS IS DESIGNED, OUR, OUR STAFF ARBORIST IS GOING TO DO APPROVAL OF THE TREES. AND WE ALLOW A LOT OF REMOVAL REPLACEMENT STUFF. THERE'S SOME OLD GROWTH PIECES THAT ARE ON THERE. COULD YOU JUST COLOR A LITTLE BIT IN TERMS OF WHAT HE'S GOING TO BE LOOKING FOR IN THAT FINAL PLAN, AND JUST GIVE PEOPLE SOME IDEA OF THE KIND OF THINGS WE LOOK FOR, YOU AND I. YOU AND I KNOW THAT THESE GOOD FOLKS DON'T UNDERSTAND THAT.

YEAH. OF COURSE. SO OUR OUR NATURAL RESOURCE TECH LOOKS AT THE D.B.H, WHICH IS MORE OF A MEASUREMENT OF THE AREA OF THE TREE. AND THAT IS WHAT WE'RE MEASURING TO SEE HOW MUCH OF THAT AREA IS BEING REMOVED FROM THE SITE. IN THIS CASE IT'S 61% AND SPECIFICALLY FOR SIGNIFICANT TREES. SO THERE'S SOME TREES THAT JUST ARE AREN'T CONSIDERED SIGNIFICANT. THEY'RE EITHER DEAD DISEASE OR CERTAIN SPECIES. SO THAT ACCOUNTS FOR THE REMOVAL OF THOSE TREES. AND THEN THE REPLACEMENT HAS TO BE ONE TREE PER I'M BLANKING ON THE ACREAGE, BUT THAT IS WHERE WE GET THE 158. SO I THINK IT'S ONE TREE PER OR TEN TREES PER ONE ACRE. SO 15.8 AREA. WE NEED 158 TREES. THE APPLICANT IS PROPOSING 186. WE DID RECEIVE A PLANTING SCHEDULE FROM THE APPLICANT THAT OUR NATURAL RESOURCE TECH DID LOOK AT AND IS OFFERING IS SUGGESTING SOME CHANGES THAT WE'VE BUILT INTO THE CONDITIONS OF APPROVAL HERE, THAT THEY BE IMPLEMENTED. AND THOSE ARE TO INCORPORATE NOT JUST NATIVE TREES, BUT TREES THAT ARE GOING TO BE RESILIENT AS WE CONTINUE MOVING FORWARD IN THE NEXT 50 YEARS. THE BIG THING, FOCUSING ON GREATER BIODIVERSITY TO ENSURE IF THERE'S A PEST LIKE EAB OR EMERALD ASH BORER IN THE FUTURE, THAT DOESN'T JUST WIPE ALL THE TREES OUT. AGAIN, THANK YOU. AND LASTLY, AND I'M NOW I'M OFFICIALLY FAR AFIELD OF WHAT WE'RE SUPPOSED TO BE DISCUSSING, BUT JUST IN THE PAST WE HAVE

[00:20:04]

AND SO I'M HERE TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE. I DID BRING THE BUILDER, DEAN LAUDER WITH PULTE HOMES. HE CAN ANSWER ANY QUESTIONS THAT YOU MAY HAVE REGARDING THE TOWNHOMES THEMSELVES. WHAT QUESTIONS DO WE HAVE FOR THE APPLICANT? CAN YOU TELL ME ABOUT THE SIZE OF YOUR TOWNHOMES? ARE YOU THINKING, YOU KNOW, 1800 SQUARE FEET, TWO BEDROOM, THREE BEDROOM? I'M TRYING TO UNDERSTAND HOW MANY PEOPLE ARE GOING TO BE WITHIN THE HOME AND THEN VISITORS WHAT WE CAN EXPECT. MISTER CHAIR, MEMBERS OF THE COMMISSION AGAIN, DEAN LAUDER, I'M DIRECTOR OF LAND PLANNING AND ENTITLEMENT WITH PULTE HOMES HERE IN MINNESOTA. THANK YOU FOR THE OPPORTUNITY TO ANSWER YOUR QUESTIONS. THESE ARE UP TO FOUR BEDROOM UNITS, TWO AND A HALF BATHROOM. THEY CAN BE AS LARGE AS THE LOW 2100FT■!S AND TWO ST.

SO THESE DESIGNS ACTUALLY HAVE EVOLVED QUITE A BIT BASED ON CONSUMER FEEDBACK THAT OUR COMPANY HAS RECEIVED. WE I DON'T WANT TO SAY AGGRESSIVELY, BUT WE REALLY SURVEY OUR CUSTOMERS, YOU KNOW, SHORTLY AFTER THEY MOVE IN A YEAR OR TWO AFTER THEY HAVE LIVED IN THE HOME. WE UNDERSTAND WHAT IT IS THAT THEY LIKE OR WOULD LIKE TO SEE DIFFERENT ABOUT THEIR DESIGN. AND SO THESE DESIGNS ALWAYS EVOLVE BASED ON THAT CURRENT FEEDBACK THAT WE'RE RECEIVING. YOU DIDN'T ASK THE QUESTION NECESSARILY. SORT OF TANGENTIALLY BROUGHT UP THE TOPIC OF AFFORDABILITY. SO THERE ISN'T AN AFFORDABILITY COMPONENT WITH THIS DEVELOPMENT.

BUT IF YOU'RE INTERESTED IN WHAT THE HOME PRICES WOULD LIKELY BE, THERE'S A LOT OF THINGS THAT FACTOR INTO ACTUALLY ESTABLISHING THOSE ONCE WE ARE OPENING AND FOR SALE, BUT I CAN CONFIDENTLY SAY THAT THEY WOULD RANGE BETWEEN THE MIDDLE UPPER 400 SECONDS TO THE MIDDLE 500, DEPENDING ON THE OPTION SELECTED BY THE BUYER, AND YOU'RE LOOKING TO HAVE AN HOA AS PART OF THIS AS WELL. THAT'S CORRECT. IN YOUR BUSINESS, WHAT DO THOSE HOA GENERAL GUIDELINES THAT YOU PUT IN BEFORE THE NEIGHBORHOOD MAKES ADDITIONAL RECOMMENDATIONS? WHAT SORT OF THINGS DO YOU SUGGEST OR PUT INTO THOSE? YOU KNOW, IN A IN A CASE LIKE THIS, IT WOULD BE A FULL SERVICE HOA. SO THEY'RE GOING TO BE TAKING CARE OF SNOW REMOVAL, LAWN MAINTENANCE, EXTERIORS OF THE BUILDINGS. AND AND THOSE WOULD BE KIND OF THE SERVICES PROVIDED BY THE HOA. IF THERE'S A NEIGHBORHOOD MONUMENT, THERE WOULD OF COURSE BE PLANTINGS WITH THAT MONUMENT AND THINGS OF THAT NATURE, THE IRRIGATION SYSTEM, ALL OF THOSE THINGS WOULD FALL UNDER THE SERVICE DELIVERY OF THE HOA. DO YOU ANTICIPATE ANY AMENITIES AND WHAT WHAT ISSUES HAVE YOU HAD IN THE PAST OF PLACES OF THIS SIZE RELATED TO PARKING?

[00:25:03]

ANYTHING ELSE FOR THE APPLICANT AT THIS POINT. OKAY. GREAT. THANK YOU. THANK YOU MR. SO MUCH. AND WITH THAT, I WILL OPEN THE PUBLIC HEARING. WE'LL HAVE FOLKS COME FORWARD TO THE TO THE PODIUM, STATE THEIR NAME AND ADDRESS FOR THE RECORD, AND KEEP COMMENTS TO UNDER FIVE MINUTES. SO ANYONE WISHING TO TESTIFY ON THIS ITEM, ANYONE WISHING TO TESTIFY, COME ON, COME ON. FORWARD. SO IF I COULD GET YOUR NAME AND ADDRESS FOR THE RECORD. YES. GOOD EVENING.

MY NAME IS JAMES JUTES. I LIVE AT 3708 ABERCROMBIE LANE. I'M AN OWNER WITHIN THE LODGES OF SETTLERS GLEN. I'M ONE OF THE ORIGINAL OWNERS THAT GO BACK TO 2004. SO I KNOW A LITTLE BIT ABOUT HOAS, AND I HAVE QUESTIONS FOR BOTH THE BUILDER AND THE AND THE PLANNING COMMISSION REGARDING ASPECTS OF THE DEVELOPMENT. FIRST OF ALL, I HAVE NOTHING BUT SYMPATHY FOR THE PLAT OWNERS THAT HAVE HAD TO GO THROUGH THIS SINCE 2023. TRYING TO RESOLVE YOUR PROPERTIES MOVE FORWARD IN YOUR LIFE. SO I HAVE NOTHING BUT SYMPATHY AND I DO TECHNICALLY SUPPORT THE PROJECT, BUT I WANT TO SEE THESE PROJECTS DONE RIGHT. HAVING LIVED IN AN HOA AND SERVED ON BOARDS FOR 13 PLUS YEARS, I UNDERSTAND WHAT IT TAKES TO MAKE AN HOA RUN.

AND PART OF MY CONCERN WAS YOU'VE GOT THIS LEGACY ENVIRONMENT, BUT WE HAVEN'T

[00:30:04]

THERE'S NOTHING WITHIN THIS PLAN THAT REALLY ALLOWS YOU, EVEN YOUR DRIVEWAYS, TO PULL A VEHICLE IN WITH A SMALL TRAILER AND NOT BE INFRINGING UPON AN ALREADY NARROW STREET. YOU KNOW, PART OF THIS IS, YOU KNOW, THERE'S NO SIDEWALKS THAT I SEE. SO IF YOU'RE IN BLOCK TWO AND YOU'RE GOING TO, YOU KNOW, YOU'VE GOT PARKING RIGHT ACROSS FROM YOUR STREET, PARKING THREE RIGHT ACROSS FROM YOUR UNIT, BUT YOU'RE BUILDING 5 OR 6 OR, YOU KNOW, IN THE MIDDLE, YOU'RE GOING TO, IN THE WINTER, BE WALKING DOWN A STREET. THERE'S NO SIDEWALK TO GET TO PARKING.

IT'S ALREADY A NARROW STREET. YOU HAVE TO GET VEHICLES DOWN THERE, TWO WAY TRAFFIC. YOU'VE GOT TRASH DAYS AND ALL THIS CONGESTION THAT GOES ON. I MEAN, THESE ARE ASPECTS OF EVERYDAY HOA OR CIC LIFE THAT WE HAVE TO MANAGE. AND THIS SEEMS LIKE THERE ARE LIVABILITY COMPONENTS THAT I THINK NEED TO AT LEAST TO BE DISCLOSED OR UNDERSTOOD. YOU KNOW, THE IMPACT OF THE TWO COMMUNITIES IN GENERAL, PROXIMITY AT 80TH AND AND THE INTERSECTION, BOTH THEIR TRAFFIC FROM THE SOUTH, OUR TRAFFIC FROM THE NORTH, YOU KNOW, WE AT 2.5 VEHICLES PER UNIT, WHICH IS KIND OF OUR AVERAGE IN OUR COMMUNITY. YOU'RE TALKING ABOUT THE POTENTIAL TO HAVE 600 VEHICLES AT THAT SITE MAXIMUM PER DAY, WHICH DOESN'T SEEM LIKE A LOT, BUT IT'S A IT'S A TWO WAY STOP. AND IF YOU'RE TRYING TO GET OUT OF THERE WITH TRAFFIC COMING ACROSS, YOU'RE TURNING LEFT, YOU'RE TURNING RIGHT. THAT'S A LOT OF CONGESTION. THE ORIGINAL DEVELOPMENT HAD TWO EXITS. THAT WAS 170, A LOT MORE VEHICLES. BUT STILL YOU'RE GOING TO HAVE PEAK TIMES OF, YOU KNOW, 6 TO 8:00, SIX TO 8 TO 9 IN THE EVENINGS, 4 TO 7. YOU'RE GOING TO HAVE A LOT OF CONGESTION IN THAT AREA WITH ONLY ONE EXIT, PLUS THE STOPLIGHT AT 80TH. AND MANNING IS DREADFUL. I MEAN, RIGHT NOW YOU CAN BE SEVEN EIGHT IN LINE WAITING FOR THAT.

NOW, DOUBLE THE AMOUNT OF TRAFFIC. I MEAN, YOU'RE GOING TO BE PUSHING TRAFFIC ALL THE WAY BACK TO 80TH OR THE INTERSECTION WITH ABERCROMBIE LANE AND THEIR DEVELOPMENT. SO I THINK WE HAVEN'T SEEN THE TRAFFIC STUDY. WE PROBABLY WON'T GET TO SEE IT BECAUSE IT'S NOT OUR CONCERN. BUT AS A LIVABILITY COMPONENT, I LOOK AT THAT AND SAY, I THINK YOU NEED TO, YOU CAN BUILD IT AND THEY WILL COME, BUT ARE THEY GOING TO LIKE IT WHEN THEY'RE THERE? YOU KNOW, THAT'S HOW I LOOK AT IT. THE YOU KNOW, THERE'S NO SIDEWALKS, NO DEDICATED GREEN SPACES FOR LIKE DOG WALKS OR DOG AREAS. THAT'S A BIG FACTOR IN OUR COMMUNITY. WE PROBABLY HAVE 40 TO 50% OWNERS ARE ARE PET OWNERS. SOME HAVE MULTIPLE DOGS, YOU KNOW, SO YOU'RE GOING

[00:35:03]

AND I WANT TO MAKE SURE IT'S A FRIENDLY PLACE AND ATTRACTIVE PLACE TO BRING PEOPLE INTO. BUT, YOU KNOW, YOU LOOK AT THE CONGESTION HERE AND, AND THE POTENTIAL FOR CONGESTION IN THESE AREAS. YOU LOOK AT THE THE BEAUTIFUL TREES THAT WE WANT TO MAINTAIN. YOU LOOK AT THE INFRASTRUCTURE THAT HAS TO GO IN. I MEAN, ARE WE GOING TO DO ANYTHING WITH THESE TREES TO, TO PROTECT THEM DURING CONSTRUCTION AND GRADING TO MAKE SURE WE DON'T LOSE ANY OF THESE TREES? I MEAN, I'D JUST LIKE TO SEE A LITTLE BIT MORE COHESIVE PLAN ON HOW CAN WE MAKE THIS MORE LIVABLE. AND THAT'S MY COMMENTS. THANK YOU. GREAT. THANK YOU. ANYONE ELSE WISHING TO TESTIFY ON THIS ITEM? IF I COULD HAVE YOUR NAME AND ADDRESS FOR THE RECORD, SURE.

GOOD EVENING. MY NAME IS KELSEY MARTIN. THIS IS LOGAN MARTIN. WE'RE THE CURRENT RESIDENTS AT 12 125 80TH STREET. SO WE ARE THE DIRECT NEIGHBORS TO THE EAST OF THE PROPOSED DEVELOPMENT PROJECT. WE'RE ALSO THE OWNERS AND OPERATORS OF TRELLIS WEDDING AND EVENTS, WHICH YOU GUYS HAVE REFERRED TO THROUGHOUT THIS EVENING. FIRST, I JUST LIKE TO SAY THANK YOU FOR ALLOWING US TO SHARE OUR THOUGHTS AND CONCERNS WITH YOU GUYS. BIG THANK YOU TO STAFF AND TO JASON AND DEAN AND THEIR TEAMS FOR THE DISCUSSIONS WE'VE HAD LEADING UP TO THIS EVENING.

WE APPRECIATE ALL OF THAT UPFRONT COMMUNICATION, SO HOPEFULLY EVERYBODY HAS A BETTER UNDERSTANDING OF EACH OTHER'S BUSINESSES AND THE GOALS OF WHAT WE'RE ALL TRYING TO ACCOMPLISH TONIGHT. I'D LIKE TO START WITH JUST SAYING, LIKE, WE UNDERSTAND THAT ALL OF THIS LAND IS ZONED TO BE REDEVELOPED. IT WILL BE THIS DEVELOPMENT, A DEVELOPMENT IN THE FUTURE.

THAT'S WHAT THE LAND IS GUIDED FOR. BUT WE DO THINK THAT THERE'S A WAY TO DO IT IN A WAY THAT FEELS THOUGHTFUL AND RESPONSIBLE, AND THAT YOU'RE PROTECTING YOUR CURRENT RESIDENTS AND ESTABLISHED BUSINESSES THAT ARE ALREADY A PART OF YOUR COMMUNITY. I DON'T I WANT TO BE RESPECTFUL OF EVERYBODY'S TIME. I HAVE WAY MORE THAN FIVE MINUTES OF THINGS TO SAY. SO I THINK THE BEST PLACE TO START IS DID EVERYBODY GET THE SUBMITTAL THAT WAS SHARED WITH YOU GUYS PREVIOUSLY TONIGHT? YEAH, WE WILL REVIEW IT. OKAY. MAYBE THE EASIEST THING IS DO YOU GUYS HAVE ANY QUESTIONS ABOUT WHAT I SUBMITTED? I CAN GO THROUGH THINGS AT A HIGH LEVEL. BUT AGAIN I WANT TO BE RESPECTFUL OF EVERYONE'S TIME. DO WE HAVE ANY QUESTIONS ABOUT THAT OKAY I DON'T IT DOESN'T APPEAR SO GREAT. SO I WE RECOGNIZE THAT WE'RE IN A SOMEWHAT UNIQUE POSITION IN THAT THIS IS OUR PRIMARY RESIDENCE, THIS IS OUR HOME. IT IS ALSO OUR MAIN FORM OF INCOME AND LIVELIHOOD. THIS DEVELOPMENT BEING SO DIRECTLY ADJACENT TO THE MAIN AREAS OF WHERE WE OPERATE. OUR BUSINESS HAS THE ABILITY TO SIGNIFICANTLY, NEGATIVELY IMPACT OUR ABILITY TO OPERATE OUR BUSINESS. AND IF WE CAN'T OPERATE AT THE CAPACITY THAT WE NEED TO, WE WILL NOT BE ABLE TO AFFORD TO CONTINUE TO BE A PART OF THE COMMUNITY. SO THAT COULD SOUND KIND OF DRAMATIC, BUT UNFORTUNATELY FOR US, THAT'S LIKE THE REALITY WE'RE ACTUALLY FACING. SO THERE'S THERE'S TWO MAIN CONCERNS. ONE OF THEM IS WHAT IS THIS GOING TO LOOK LIKE WHEN CONSTRUCTION IS FINISHED. AND THE OTHER SIDE IS HOW CAN WE CONTINUE TO OPERATE AN OUTDOOR EVENT VENUE THAT FOCUSES PRIMARILY ON WEDDINGS? SO ONE OF THE MOST INTIMATE, IMPORTANT DAYS IN PEOPLE'S LIVES WITH THIS LARGE OF A CONSTRUCTION SITE DIRECTLY NEXT DOOR TO US, IS IT POSSIBLE TO PULL UP ANYTHING THAT I SUBMITTED? I THINK IT WOULD BE HELPFUL. IF NOT, THAT'S OKAY. YOU GUYS WOULD ALL HAVE IT IN YOUR PACKET. WHAT I'M DRIVING AT IS IF YOU LOOK AT THE THE FAR RIGHT SIDE OF THE SCREEN, THE BOTTOM CORNER, THAT WEST SIDE OF THE VENUE, PART OF THE PROPERTY ARE OUR PRIMARY GATHERING SPACES, PRIMARY AREAS USED FOR PHOTOGRAPHY, AS WELL AS ONE OF OUR MAIN CEREMONY AREAS. THE BUILDINGS ARE GOING TO BE DIRECTLY ADJACENT TO THESE GATHERING SPACES. THERE'S

[00:40:01]

THE LAST PLAT DRAWING THAT I SAW SHOWED A 30 FOOT SETBACK TONIGHT. THERE WAS REFERENCES MADE TO 38 40FT. I DON'T KNOW HOW THEY'RE GETTING THERE. IF THAT'S THE CASE, GREAT. BUT 30FT IS NOT SUFFICIENT. IT LOOKS GOOD WHEN YOU'RE LOOKING AT A PLAT DRAWING, BUT IF YOU COME OUT TO THE SITE AND YOU LOOK AT IT, OUR PROPERTY LINE GOES THROUGH THE MIDDLE OF WHAT YOU CAN KIND OF SEE AS A TREE LINE. IN THAT AERIAL PICTURE, YOU'RE LOSING 8 TO 10FT OF ESTABLISHED TREES, UNDERGROWTH THAT'S ALREADY THERE, WHICH IS THE ONLY PRIVACY WE CURRENTLY HAVE. SO 30FT, IF YOU'RE TAKING OFF TEN OF IT, YOU'RE LEFT WITH 20. THEY HAD A SETBACK FROM THE PROPERTY LINE AT THE TOWNHOUSE TO WHERE THEY WERE PUTTING THIS PRIVACY FENCE. THERE WERE NO NUMBERS. LOOKED TO BE LIKE 5 TO 7FT. YOU'RE VERY QUICKLY ONLY HAVING ABOUT 15FT TO DO ANY SORT OF PLANTING. THAT'S NOT REALLY A LOT OF SPACE. IF YOU'RE TALKING SUBSTANTIAL TREES, ESPECIALLY LIKE EVERGREENS OR THINGS THAT ARE GOING TO BE DECIDUOUS. SO YOU ALWAYS HAVE THAT PRIVACY. WE EXPRESS THIS CONCERN. JASON AND DEAN CAME OUT AND TOOK A LOOK AT THE SPACE. I WILL HAVE TO LET THEM SPEAK FOR THEMSELVES, BUT I THINK THEY WERE FEELING THE SAME WAY, THAT THERE'S REALLY NOT A LOT OF SPACE THERE IF YOU'RE LOOKING AT 30FT. SO WE TALKED ABOUT THE IDEAS OF MOVING THE BUILDINGS CLOSER TOGETHER. IF YOU CAN GAIN ONE FOOT HERE, TWO FEET THERE, ANOTHER FOOT HERE, AND YOU CAN GET 10 TO 15 MORE FEET, YOU MIGHT HAVE THE ABILITY TO ACTUALLY IMPLEMENT WHAT THEY SAY THEY'RE WILLING TO DO. BUT WITH A 30 FOOT SETBACK THAT WAS IN THE PLAT DRAWING THAT WAS GIVEN TO US, THAT'S NOT ENOUGH SPACE. SO WE ASKED THAT YOU GUYS TAKE ANOTHER LOOK AT THAT. PROBABLY MORE CONCERNING FROM OUR SIDE OF THINGS IS THE OPERATIONAL CONCERNS. I DON'T KNOW HOW WE CAN HOST OUTDOOR EVENTS WHILE CONSTRUCTION IS ACTIVELY GOING ON NEXT DOOR. OUR SEASON IS SEASONAL, SO WE ARE OPEN 22 WEEKS OUT OF THE 52 WEEKS OF THE YEAR. WE'RE AN OUTDOOR VENUE. WE ONLY WANT TO HOST PEOPLE. WHILE IT'S NICE TO BE OUTSIDE MINNESOTA, IT'S THAT WINDOW. SO WE'RE LIKE MID-MAY THROUGH EARLY OCTOBER. OUR VENUE IS LIKE, PEOPLE BOOK US BECAUSE IT'S BEAUTIFUL, IT'S NATURE, IT'S GARDENS. IT'S LIKE PEACE, SERENITY, CALM, ACTIVE CONSTRUCTION SITE NEXT DOOR.

YOU'RE NEGATING ALL OF THAT. AND WE ARE IN THE HOSPITALITY BUSINESS, FOR BETTER OR FOR WORSE. LIKE YOUR REPUTATION, YOUR REVIEW IS EVERYTHING. IF WE ARE HOSTING AN EVENT, IT TAKES ONE PERSON TO BE UPSET WITH WHAT'S HAPPENING NEXT DOOR. THEY GO ON GOOGLE, THEY GO ON THE WEDDING WEBSITES AND SAY, MY DAY WAS RUINED. THERE WAS ALL THIS NOISE. I HAD A TERRIBLE EXPERIENCE. OKAY, WELL, PEOPLE BOOK 1224 MONTHS IN ADVANCE FOR THEIR WEDDINGS. NOW, WHEN PEOPLE COME TO TOUR, THEY'RE GOING TO SEE A CONSTRUCTION SITE NEXT DOOR.

THEY'RE GOING TO SEE THAT GOOGLE REVIEW. THEY'RE NOT GOING TO BOOK. AND I FRANKLY DON'T BLAME THEM. I PROBABLY WOULDN'T EITHER. SO I DON'T SEE A WAY HOW THEY CAN BE DOING ACTIVE CONSTRUCTION OUTDOORS WHILE WE'RE HOSTING AN EVENT. SO IF YOU TAKE A LOOK AT WHAT I SUBMITTED, WE OUTLINED WHAT WE FEEL ARE SOME REASONABLE ACCOMMODATIONS AS FAR AS CONSTRUCTION SCHEDULE. PHASE ONE OF THE PROJECT IS PROBABLY THE MOST IMPACTFUL. THAT'S WHEN THEY'RE DOING ALL THE DEMOLITION, GROUNDWORK, UTILITY WORK, INFRASTRUCTURE, THE REALLY NOISY STUFF. ONCE THEY START BUILDING BUILDINGS, WHAT'S THE SHELL OF THE BUILDING IS COMPLETE? WE DON'T HAVE AS MUCH CONCERNS AS FAR AS INTERIOR WORK. I'M SORRY, I'M KIND OF ALL OVER THE PLACE, BUT THEY TOLD US TYPICALLY THEY DO CONSTRUCTION MONDAY THROUGH SATURDAY. WE HOST EVENTS FRIDAY, SATURDAY, SUNDAY. SO THERE'S OBVIOUSLY A CONFLICT IN SCHEDULING THERE ON FRIDAYS AND SATURDAYS. SATURDAYS. WHAT WE WOULD BE ASKING FOR IS THAT THERE'S NO OUTDOOR WORK THAT'S COMPLETED ON SATURDAYS. THAT'S GOING TO BE IMPACTFUL PHASE ONE, BUT HOPEFULLY THROUGH THIS SECOND AND THIRD PHASES OF THE PROJECT WHERE THEY'RE DOING INTERIOR WORK, IF YOU WANT TO DO THAT ON FRIDAYS AND SATURDAYS, BY ALL MEANS, WE PROBABLY WON'T HEAR YOU. WE'RE REALLY JUST CONCERNED ABOUT THE STUFF THAT'S GENERATING NOISE THAT COULD DETRACT FROM PEOPLE'S EXPERIENCES WHILE THEY'RE CELEBRATING WITH US.

FRIDAYS ARE A LITTLE BIT MORE COMPLICATED. WE TRIED TO COME UP WITH A COMPROMISE WHERE IF THERE WOULD BE A WAY TO SEIZE OUTDOOR CONSTRUCTION ACTIVITY BY LIKE NOON, WE WOULD STILL BE ABLE TO HOST EVENTS AND THEY COULD STILL GET SOME WORK DONE FOR THE 2026 SEASON. WE CURRENTLY ONLY HAVE SIX EVENTS BOOKED ON FRIDAYS. WE'D BE HAPPY TO SHARE THE SCHEDULE WITH THEM AND FOREGO BOOKING ANY OTHER FRIDAY EVENTS FOR 2026 TO GIVE THEM THE ABILITY TO HOPEFULLY GET MOST OF THAT NOISY STUFF DONE RIGHT AWAY. BUT AS A BUSINESS, WE CAN'T BLOCK OFF ONE THIRD OF OUR AVAILABLE DATES FOR TWO ADDITIONAL YEARS AND THINK

[00:45:04]

YOU ARE SUGGESTING THAT CONSTRUCTION COMMENCE AT 4 P.M. ON WEEKDAYS. CONCLUDE OR 4 P.M.

NO. OH, CAN YOU SAY THAT ONE MORE TIME? I'M SORRY, I WAS THINKING FRIDAY. I SAW THE SAME THING. IT'S. I THINK IT'S A TYPO. IT SAYS COMMENCE, BUT I THINK YOU MEANT CONCLUDE, CONCLUDE CONCLUDE THE OTHER C WORD. YEAH. THERE WE GO. WE DO HAVE TO DO TOURS AND THINGS TO HOST PEOPLE. I DON'T KNOW HOW LATE THEY TYPICALLY WORK INTO THE EVENING. TYPICALLY AFTER 4 P.M. IS WHEN WE'RE MEETING WITH PEOPLE FOR FUTURE RESERVATIONS. SO IT'D BE NICE TO NOT HAVE ACTIVE CONSTRUCTION GOING ON NEXT DOOR AT THAT TIME. YES. TYPO. THANK YOU. ANY OTHER QUESTIONS? GREAT. THANK YOU. YEP. THANK YOU. ANYONE ELSE WISHING TO TESTIFY ON THIS ITEM? TESTIFY? COME ON. FORWARD AND GO AHEAD. NAME, NAME AND ADDRESS FOR THE RECORD, PLEASE.

MICHAEL DECKER, 1601 MORNINGSIDE ROAD. I'M ALSO THE PROPERTY OWNER AT 1205 FIVE EIGHTH STREET NORTH. WHEN I PURCHASED THE PROPERTY IN 2012, I WAS AWARE OF THE ZONING RECOMMENDED BY THE COMPREHENSIVE PLAN, WHICH I BELIEVE WAS RE-APPROVED IN 2018.

I BELIEVE THE OWNERS OF THE PROPERTY HAVE PURCHASED THAT PROPERTY EVEN MORE RECENTLY, AND WERE WELL AWARE OF THE CITY'S INTENTION WITH RESPECT TO FUTURE DEVELOPMENT OF THE PROPERTY. AND I DON'T BELIEVE THAT THEIR CONCERNS ARE VALID, GIVEN THAT WHEN THEY PURCHASED THE VENUE, THEY KNEW, IN FACT, THAT THAT WAS AN INEVITABLE EVENT THAT WOULD BE HAPPENING ON THE NEIGHBORING PROPERTIES. I HAVE WORKED WITH AT LEAST SIX POTENTIAL BUYERS OF OUR PROPERTY, TRYING TO FIND SOMEBODY WHO WAS WILLING TO WORK WITH THE EXTREMELY DIFFICULT REQUIREMENTS OF THE CITY OF STILLWATER WITH RESPECT TO TRYING TO FIT AN APPROPRIATE NUMBER, A MARKETABLE NUMBER OF HOMES ON THESE LOTS, WITH THE ZONING THAT'S GIVEN, MANY OF THE BUYERS WALKED OUT BECAUSE THE CITY OF STILLWATER WAS TOO DIFFICULT TO WORK WITH BECAUSE THEY COULDN'T GET A VARIANCE TO DO MAYBE 4 OR 5 HOMES PER ACRE INSTEAD OF 6 TO 7. MOST RECENTLY, THE BUYER THAT I HAD BACKED OUT. THAT PROCESS DREW OUT FOR ABOUT THREE YEARS, AND BY THE TIME THAT HE WAS FINALLY READY TO BUILD, HIS BUYERS DIDN'T HAVE MONEY OR HIS HIS SUPPORTERS DIDN'T HAVE MONEY TO WORK WITH THIS EVERY TIME THE CITY ALLOWS A MULTITUDE OF DIFFICULT PROVISIONS TO BLOCK THE ONLY DEVELOPMENTS THAT ACTUALLY MEET THE ZONING FROM HAPPENING. THAT'S COSTING ME, AND IT'S UNFAIR TO ME THAT THIS PROCESS JUST KEEPS DRAGGING OUT OVER AND OVER AGAIN WITH WITH MULTIPLE BUYERS. SO I WOULD ASK THE CITY TO CONSIDER THAT THE REQUIREMENT SHOULD BE REASONABLE, CONSISTENT WITH THE COMPREHENSIVE PLAN, AND NOT OVERLY BURDENSOME TO THE FUTURE DEVELOPERS. THANK YOU, THANK YOU. ANYONE ELSE WISHING TO TESTIFY? COME ON, COME ON. FORWARD. GOOD EVENING. MY NAME IS KENT WOLF. I'M AT 3341 WEBSTER COURT HERE IN STILLWATER. AND I'VE JUST GOT A FEW COMMENTS. I WANT TO ECHO SOME OF THE THINGS THAT I HEARD PREVIOUS SPEAKERS TALK ABOUT TONIGHT. ONE WAS THE ENTRANCE OFF OF 80TH STREET. THAT'S GOING TO BE QUITE AN IMPACT ON TRAFFIC ALONG 80TH STREET, AS WELL AS AT THE THE INTERCHANGE OF MANNING AND 80TH STREET. WITH ALL THAT ADDITIONAL

[00:50:03]

I'M NOT SAYING THAT IT IS, BUT IT SEEMS TO BE CHANGING. THESE NEW RESIDENTS WILL HAVE NO PROTECTION. IT'S BUILDINGS ON SLAB ON GRADE, SO THERE'S A LOT TO CONSIDER AS YOU MAKE YOUR RECOMMENDATION TONIGHT OR FOR THE NEXT COUNCIL MEETING, THAT THERE SHOULD BE SOME ADDITIONAL CONSIDERATIONS PUT IN THIS PLAN. THANK YOU. GREAT. THANK YOU. ANYONE ELSE WISHING TO TESTIFY? COME ON. FORWARD. IF I COULD GET YOUR NAME. ARE WE ON? OKAY. GOOD EVENING. MY NAME IS JOSEPH DEETS. MY WIFE, LORI NEEDS. WE BORDER THE. WE HAVE THE 7.8 ACRES THAT YOU CANNOT SEE. BUT IT'S THE LINE AT THE BOTTOM THERE. WE'VE BEEN THERE SINCE 1994, AND. WE'VE, YOU KNOW, MADE A GOOD GO OF IT THERE. WE HAVE A LOT OF NICE PROPERTY. AND ONE THING THAT WE'VE MENTIONED TO JASON, AND ALSO MR. GOOTNICK, AT THE MEETING WE HAD ON MONDAY NIGHT, WAS THAT WE WERE CONCERNED. WELL, WE SENT THEM A LETTER, AND I DON'T KNOW IF ANY OF YOU FOLKS HAVE GOTTEN A LETTER. WE EXPRESSED OUR CONCERN ABOUT A SAFETY AND WELLNESS SITUATION OF PEOPLE TRANS TRESPASSING ONTO OUR PROPERTY FROM THAT DEVELOPMENT. AND THE WAY WE STATED IT WAS THAT THE BIKE PATH HAS AN EXIT AT THE NORTH THERE, WHERE THE FIRE AND POLICE CAN COME IN.

IT'S AN EMERGENCY EXIT. THE ONLY EXIT THAT THE EXCUSE ME, THE PEOPLE IN THIS COMMUNITY HERE WOULD HAVE ACCESS TO GETTING TO THE BIKE PATH. WE HAVE AN ACCESS. THE BLOCK EIGHT THERE. THAT BUILDING IS ABOUT, I DON'T KNOW, 50FT FROM OUR DRIVEWAY, WHICH TAKES A DIAGONAL PATH RIGHT UP TO THE BIKE PATH, AND WE FEEL THAT THAT WOULD BE. AN ENTICEMENT THING FOR PEOPLE TO WALK AND JUST CUT THAT CUT ACROSS THERE, BECAUSE THERE'S NO OTHER WAY FOR THEM TO GET TO THE BIKE PATH WE MENTIONED. WAS THERE ANOTHER POSSIBILITY, MAYBE BY

[00:55:01]

I'M SORRY AND THANK YOU FOR HEARING OUR CONCERNS. OUR TWO STORY SHOP. WE HAVE HAD A BUSINESS SINCE 1983. WE BUILT IN 1994 AT THIS SITE, AND AT THAT TIME THERE WAS NO TALK OF.

EVEN BEING A PART OF THAT. I THINK THERE WAS TALK ABOUT BEING A PART OF STILLWATER, BUT WE WERE STILL IN THE TOWNSHIP AT THAT TIME, SO WE'VE HAD TO MAKE CHANGES TO AND WE REALIZED TIMES ARE CHANGING, BUT WE'RE VERY CONCERNED BECAUSE OUR TWO STORY SHOP HAS MULTIPLE. I THINK I MADE A LIST OF ALL THE VERY SERIOUS TOOLS. AND WHEN YOU HAVE THAT KIND OF NOISE AND CONSTRUCTION GOING ON, IT'S ATTRACTIVE TO CHILDREN. WE'RE ALSO CONCERNED THAT THERE IS NO DOG PARK, AND WE THINK OUR BACKYARD WILL BECOME THE DOG PARK BECAUSE WE HAVE A VERY LARGE AREA BEHIND OUR SHOP THAT'S OPEN SPACE. AND SO FOR US, IT'S REALLY A PRIVACY ISSUE AND A SAFETY ISSUE. AND SO FROM THAT WE'RE CONCERNED. THE ONLY OTHER THING I WANTED TO MENTION, IF I CAN, IS THAT THERE HAVE BEEN COMPARISONS TO THE PREVIOUS DEVELOPMENTS. THE PREVIOUS DEVELOPMENT INCLUDED OUR LAND, AND SO THAT WAS AN ADDITIONAL EIGHT ACRES. THE DEVELOPER HAD 99 UNITS THAT WERE ONE BEDROOM UNITS OF ALL THE UNITS. HE WAS DOING 187. I THINK THAT THE CURRENT DEVELOPER HAS ONLY THREE AND FOUR BEDROOM UNITS. ONLY IF WE UNDERSTAND THAT CORRECTLY THAT THAT THAT HASN'T BEEN REALLY CLARIFIED. HOW MANY? ONE BEDROOM. TWO BEDROOM THREE BEDROOM FOUR BEDROOM UNITS. IT'S KIND OF HARD TO DISCERN WITH THE INFORMATION THAT WAS GIVEN OUT. WE WERE TOLD AT THE MEETING MONDAY IT WAS ONLY THREE AND FOUR BEDROOM UNITS. AND WITH THAT IN MIND, MY GUESS IS THAT THERE WOULD BE FAMILIES AND CHILDREN. AND OUR CONCERN ALSO IS THERE IS NO PLACE FOR CHILDREN TO PLAY. THERE IS NO COMMUNITY PLACE, THERE IS NO GATHERING PLACE. THERE IS NO PET PLACE. THERE ARE NO SIDEWALKS. WE THINK THAT THERE HAS TO BE RECONSIDERED TO BE A FRIENDLIER DEVELOPMENT THAT IS CONDUCIVE TO FAMILY LIVING. YEAH. AND THAT IS THAT ALSO THAT ASPECT THERE IS THE MORE PEOPLE, THE MORE PEOPLE WOULD HAVE THE POSSIBLY THE INQUISITIVENESS OF GOING SOUTH AND CROSSING OVER ONTO OUR LAND TO DO STUFF. AND THEN ANOTHER THING THAT WAS MENTIONED TONIGHT WAS ABOUT TREES AND PRESERVING TREES. AND WE HAVE QUITE A FEW MATURE PINE TREES, CONIFEROUS TREES ALONG OUR PROPERTY LINE WITH THIS DEVELOPMENT. AND IT'S PROBABLY RIGHT IN THE AREA OF THAT HOLDING POND THERE. AND I KNOW THERE'S A 30 30 FOOT SETBACK FROM OUR THAT LINE THERE, THAT BLACK LINE TO THE DEVELOPMENT AND ALL OF THOSE TREES LAND IN THAT AREA. SO WE WOULD WE WE ASKED JASON THE OTHER NIGHT IF THAT WOULD BE SOMETHING THEY WOULD CONSIDER IN THE PROCESS OF DEVELOPING THIS PROPERTY OF AT LEAST LEAVING THAT STAND OF TREES. IT WOULD JUST, YOU KNOW, PROBABLY BENEFIT EVERYBODY. ANYTHING ELSE I THINK WE COVERED. OKAY. THANK YOU FOLKS. THANK YOU. OH DO YOU HAVE QUESTIONS? SORRY. DO WE HAVE ANY QUESTIONS? NO, I DON'T BELIEVE SO. GREAT. THANK YOU. ALL RIGHT. ANYONE ELSE WISHING TO TESTIFY ON THIS ITEM? ANYONE AT ALL? AND A THIRD TIME, ANY FURTHER PEOPLE WISHING TO TESTIFY? I JUST HAVE A REAL QUICK. YOU HAVE TO COME FORWARD AND NAME AND ADDRESS. FOR THE RECORD, DENISE BREVARD 10640. SAINT CROIX TRAIL NORTH. I JUST HAVE ONE QUESTION. WHERE'S THE

[01:00:04]

AND OR THE DRIVEWAY OF THE RESIDENTS OF THOSE TOWNHOMES. OKAY. AND THEN MR. JUICE WAS ASKING ABOUT THE TRAFFIC STUDY THAT'S AVAILABLE ONLINE UNDER THE SUNDANCE PIECE OF STUFF.

THAT IS CORRECT. AND WE ALSO HAVE IT ON FILE FOR THIS CASE. THAT IS PUBLIC INFORMATION. AND I SHOULD NOTE TOO, JUST FOR THE RECORD, ON THE ROAD WITH THE APPLICANT, INITIALLY WHEN THEY CAME FORWARD, DID ASK US ABOUT POSSIBLE PRIVATE STREETS. AND THAT IS SOMETHING THAT IS PROHIBITED BY CITY CODE. OKAY, SO WE'RE BACK TO FIGURING OUT WHAT WE WANT TO DO WITH THE WITH THE PUD AND WITH THE. & PRELIMINARY PLAT. SO THAT, YOU KNOW, THERE'S A NUMBER OF THERE ARE A NUMBER OF COMMENTS THAT WE RECEIVED IN THE DURING THE PUBLIC COMMENT PERIOD, AND ALSO WITH OUR MATERIALS. AND I THINK THOSE COMMENTS ARE WERE QUITE GOOD AND DESERVE SOME DISCUSSION. SO, MR. CHAIR, I KNOW YOU LIKE TO HAVE A MOTION BEFORE WE DISCUSS. IT'S NOT CLEAR TO ME. WHERE YOU KNOW HOW THINGS FALL INTO WHAT CATEGORY THE PUD OR THE PRELIMINARY PLAT.

OKAY. AND YEAH, IF YOU WANT TO HAVE A WE CAN HAVE A CONVERSATION ABOUT THAT. IT MAY HELP TO SHAPE KIND OF WHERE WE WANT TO GO WITH THIS AND WHAT WE WANT TO MAYBE DO WITH THIS.

YEAH. IS THAT WOULD THAT BE HELPFUL? I THINK IT WOULD BE HELPFUL IF WE SUSPEND OUR USUAL.

WE CAN WE CAN DO THAT WITH WITH NO OBJECTION OF MEMBERS OF THE COMMISSION. WE CAN DO THAT. IT LOOKS LIKE I'M GETTING A LOT OF NODS. SO WE'RE GOOD TO GO. SO DID YOU DID YOU WANT TO LEAD THAT OFF THEN? OH, SURE. OVERALL, YOU KNOW, OF COURSE YOU KNOW, THE COMPREHENSIVE PLAN GUIDES THIS PARTICULAR QUADRANT FOR FOR DEVELOPMENT AND FOR, YOU KNOW, MEDIUM

[01:05:07]

AND I I'VE MET YOUR DOGS. THEY ARE ENERGETIC. MY DOG TRIED TO ATTACK LARRY AND THAT WAS UNFORTUNATE. AGAIN, I APOLOGIZE YOU REMEMBER THAT WORSE THAN I DO, RIGHT? BUT BUT IN ANY EVENT, I WOULD NOT FEEL SUPER COMFORTABLE WALKING MY DOG. IN, YOU KNOW, WITH IN AN AREA WITHOUT SIDEWALKS AND HAVING TO TRUDGE DOWN A FAIRLY NARROW STREET, ESPECIALLY THIS WINTER.

AND THEN I'M NOT EXACTLY SURE WHERE MY GOAL WOULD BE, YOU KNOW, WHERE AM I GOING? JUST, YOU KNOW, UP AND DOWN THE STREET UNTIL SHE'S SATISFIED. SO I THINK CERTAINLY I UNDERSTAND THE DEVELOPERS. WISH TO PUT, YOU KNOW, TO MAXIMIZE THE NUMBER OF UNITS GOING INTO

[01:10:05]

COMMISSIONER JIMENEZ, I THINK THIS MY BIGGEST CONCERN IS AROUND THE PUD, AND I APPRECIATE THAT. WE NEED MORE MODERATE DENSITY. WE DO IN THIS COMMUNITY. THIS GOES WITH OUR 2040 COMP PLAN INSOFAR AS WE NEED MODERATE DENSITY, WHEN WE'RE GIVING FLEXIBILITY FOR THIS DENSITY, I AM LOOKING FOR WHAT IS GOING TO BENEFIT THE PUBLIC. AND I WOULD SAY DENSITY IS AN IMPORTANT PIECE OF IT. I'M CONCERNED THAT THAT'S THE ONLY PIECE HERE. I WOULD SAY THAT, YOU KNOW, THESE ARE SAY IT'S 380 TO $500,000 HOMES AND THERE'S DEEP CONCERNS ABOUT WHERE CHILDREN WILL BE, YOU KNOW, PICKED UP FOR THE BUS, WHERE THEY WILL BE ABLE TO PLAY, WHERE ANIMALS WILL BE ABLE TO GO, HOW PEOPLE WILL BE, YOU KNOW, WALKING IN THIS COMMUNITY.

AND TO ME, IT'S CONCERNING TO HAVE OUR MINIMUM STANDARDS FLEXIBLE AND THEN KIND OF LEAVE THEM ON THEIR OWN TO CREATE RULES AROUND AN HOA. I FEEL LIKE THAT'S SETTING A COMMUNITY UP TO FAIL. I'M CONCERNED ABOUT THE LACK OF AMENITIES AND OTHER COUNTERVAILING BENEFITS. THAT WOULD SUGGEST TO ME THAT WE NEED TO HAVE MORE FLEXIBILITY. I'M VERY CONCERNED ABOUT THE PARKING AND THE STREET ACCESS GETTING IN AND OUT, ESPECIALLY DURING SCHOOL TIMES, AND THE LACK OF A TURN LANE, AND REALLY LIKE OVERALL TRAFFIC IN GENERAL IN THAT AREA IS I DO TRY TO AVOID IT IN THE MORNING AND IN THE AFTERNOON, IF AT ALL POSSIBLE. SO I COULD SEE THAT THAT WOULD BE DEEPLY WORRISOME, FOR IF IT'S THREE AND FOUR BEDROOM PLACES FOR, I WOULD ASSUME FAMILIES, RIGHT. AND WE WANT TO MAKE SURE THAT THIS MAKES SENSE FOR BOTH THE COMMUNITY THAT WILL BE IN THIS SPACE AND THEN ALSO THE COMMUNITY THAT LIVES IN THIS SPACE, AND MAKE SURE THAT EVERYONE CAN ACCESS OUR ROADS SAFELY. A COUPLE THINGS. FIRST AND FOREMOST, I'M AWARE THAT OUR LEGISLATURE THAT IS VERY FREQUENTLY TRYING TO TAKE OUR POWERS FROM US, HAS BEEN HAMMERING THAT CITIES USE PUDS TO AVOID DEVELOPMENT. IN THIS CASE, I APPRECIATE THAT PULTE HAS COME TO US AND ASKED FOR PUD SO THAT WE COULD HAVE SOME

[01:15:04]

I WOULD AGREE, ONE THAT I FEEL LIKE I NEED TO ADDRESS JUST BECAUSE IT'S A DIFFICULT ONE TO HANDLE IS THERE'S A ONE IN THE PACKET THERE THAT IS CONCERNED ABOUT THE POLITICAL AFFILIATION OF PULTE HOMES. IT IS NOT WITHIN OUR POWER TO PICK WHO WE WORK WITH IN THAT RESPECT, AND WE WOULD IMMEDIATELY LOSE ANY LAWSUIT THAT WOULD COME UP FOR THAT. SO IT'S I UNDERSTAND THE IMPORTANCE OF THAT. I UNDERSTAND THAT THERE'S A LOT OF EMOTIONS IN THE COMMUNITY RIGHT NOW. THAT'S NOT SOMETHING WE CAN ACT ON. I DID ADDRESS THAT ONE. SO AND OUR CHAIRMAN DOES LIKE A, A MOTION. SO, SO THAT WE HAVE SOMETHING TO DISCUSS. I WILL MAKE YOU WANT THE PUD FIRST. RIGHT. MOTION TO APPROVE THE PUD WITH THE CONDITIONS LISTED. I WOULD ALSO LIKE TO SEE A SNOW REMOVAL PLAN IN CONSULTATION WITH THE BROWNS CREEK WATERSHED. FOR THOSE OF YOU WHO ARE UNAWARE, SALT IS AN ISSUE IN OUR WATER. ONCE IT GOES IN, YOU CAN'T TAKE IT OUT.

I HAVE BEEN A WATERSHED COMMISSIONER WITH OUR WATERSHED. I PROMISE YOU THEY ARE VERY TALENTED, SMART PEOPLE. THE MAIN ENGINEER WHO'S ON THAT BOARD USED TO BE OUR PUBLIC WORKS DIRECTOR, ACTUALLY HIRED OUR CURRENT PUBLIC WORKS DIRECTOR. SO HE KNOWS, QUITE POSSIBLY LITERALLY, WHERE ALL THE DEAD BODIES ARE BURIED. SO IT'S. YOU'RE IN GOOD HANDS WITH THEM WHEN THEY SAY THEY APPROVE SOMETHING. I HAVE A LOT OF TUMMY COMFORT WITH IT. I WOULD ALSO. I DON'T THINK I HAVE A CONDITION ON THAT YET. I WOULD SUGGEST THAT STAFF CONSIDER AS A COMPONENT OF THEIR APPROVAL OF PUDS, THE SUGGESTION ON THE TURN LANES I THOUGHT WAS A GOOD ONE. I, FOR THOSE OF YOU WHO ARE UNAWARE, TRAFFIC STUDIES ARE A PART SCIENCE, PART MAGIC EXERCISE THAT I TRY TO LEAVE IN THE HANDS OF PEOPLE WHO HAVE MUCH MORE ADVANCED DEGREES IN IT THAN I DO. SO I'M NOT GOING TO MAKE A RECOMMENDATION IN THERE, BUT I THOUGHT THAT WAS A GOOD ONE. I THINK WE SHOULD TAKE A LOOK AT IT, BECAUSE WE ARE GOING TO ADD SOME IN TO THAT. AND I WOULD ALSO SAY IF I GET A SECOND, I AM OPEN TO ADDITIONAL CONDITIONS TO THE PUD. SO I HAVE A FEELING WE MIGHT HAVE SOME. SO AT THIS POINT THE ONLY CONDITION YOU'RE ADDING IS THAT IS THE TURN LANES. OKAY. SNOW REMOVAL PLAN. OH SORRY. YES. SNOW REMOVAL I WOULD THE THE TERM. I THOUGHT YOU SAID SOMETHING ELSE AND IT GOT SCRAMBLED IN MY HEAD. I DON'T KNOW IF I CAN PUT A CONDITION ON THERE THAT SAYS LOOK AT TURN LANES, BUT THAT WOULD BE MY ADVICE FOR STAFF. SO MY ONLY CONDITION IS SNOW REMOVAL PLAN AND CONSULTATION WITH BROWNS CREEK. OKAY, OKAY. SO WE HAVE A MOTION FOR THE APPROVAL OF THE PUD WITH THE ONE ADDITIONAL CONDITION OF WORKING WITH BROWNS CREEK FOR SNOW REMOVAL. DO WE HAVE A SECOND TO THAT MOTION? I WILL SECOND THAT MOTION. WITH THAT. WHAT CONVERSATION DO WE HAVE? FIRST OF ALL, I ONE OF THE INTERESTING THINGS I FOUND IS THAT YOU DO ALL THE READING, YOU INFORM YOURSELF, AND THEN YOU READ ALL THE NOTES FROM PEOPLE AND YOU HEAR THE PEOPLE.

AND I FIND MYSELF TYPICALLY NODDING MY HEAD, OH YEAH, THAT MAKES SENSE. OH YEAH, THAT MAKES SENSE. SO I REALLY WANT TO APPRECIATE THE FEEDBACK. IT DOES INFORM, IT DOES SWAY. AND SO THANK YOU EVERYONE. I WANT TO SAY MANY OF OUR COMMISSIONERS COMMENTS RESONATED WITH ME. BOTH IN TERMS OF THE EAST SIDE OF THE PROPERTY AND THEN LIKEWISE WITH COMMISSIONER ALBRECHT. BOTH OF HIS COMMENTS ABOUT THE TURN LANE AND THE SNOW SNOW REMOVAL AND THE IMPACT ON THE THE WATER FEATURE. SO TO THE EXTENT THAT I THINK IF WE CAN MAKE SURE THOSE ARE INCLUDED, I'M NOT SURE WHAT THE FRIENDLY AMENDMENT WOULD BE ON THE EAST SIDE, BUT MAYBE SOMEONE SMARTER THAN ME CAN HELP FORMULATE THAT. FEELING MORE AT EASE TO DISCUSS.

NOW THAT WE HAVE A MOTION ON THE TABLE, I WILL SAY I'VE NEVER BEEN HAPPY WITH THAT TRAFFIC STUDY. IT DIDN'T REALLY GIVE ME THE ARMOR I NEEDED TO SAY NO, BUT IT'S CLEAR WE'RE GOING TO PUT A LOT OF PRESSURE ON ALL THE ADJACENT STREETS THERE WITH IT. I DO APPRECIATE

[01:20:06]

PUBLIC SAFETY STAFF. AND AS A COMMISSIONER AND A COUNCIL MEMBER, I WILL TELL YOU, THE EASIEST VOTE WE EVER GET IS WHEN THE POLICE FIRE CHIEF SAY THAT THE PLAN ISN'T SAFE AND THEY ARE OKAY WITH THIS PLAN AT THIS POINT. OKAY, ANY FURTHER DISCUSSION? WELL, I THINK WHAT WE NEED TO DISCUSS OR FOCUS ON IS THE I MEAN, I THINK THE VARIATIONS THAT ARE ACCORDED TO OUR LAND USE REGULATIONS THROUGH A PUD ARE ONLY AVAILABLE IF WE FIRST FIND THAT THIS DEVELOPMENT PROVIDES A PUBLIC BENEFIT. AND I AGREE WITH. PREVIOUS COMMENTS THAT IT SEEMS THAT THE ONLY PUBLIC BENEFIT HERE IS. YOU KNOW, PERHAPS, YOU KNOW, MEETING A NEED THAT WAS IDENTIFIED IN OUR COMP PLAN FOR FURTHER DEVELOPMENT. BUT I DON'T AND THAT I AGREE. IS IT, YOU KNOW, THE THE. DEVELOPMENT, YOU KNOW, HAS THE POTENTIAL TO INCREASE PRESSURE ON THE, ON THE TRAFFIC SYSTEM. AND THERE ARE BASICALLY AT THIS POINT, I KNOW THAT THE DEVELOPER HAS BEEN WORKING ON THIS PLAN FOR QUITE SOME TIME. I KNOW PULTE IS A YOU KNOW, YOU KNOW, I KNOW THAT THESE ARE NOT AMATEURS WHO YOU ARE WORKING WITH, YOU KNOW, IN DEVELOPING THE PLANS AND THAT YOUR YOUR ATTENTION TO DETAIL AND SO FORTH. BUT I, I, I THINK THAT THERE NEEDS TO, YOU KNOW, BEFORE WE SEND THIS ALONG TO COUNCIL, I WOULD LIKE TO SEE ANSWERS TO SOME OF THE QUESTIONS PRESENTED, INCLUDING, I THINK A NEW TRAFFIC STUDY.

YOU KNOW, YES, I AGREE WITH THE COUNCIL MEMBER THAT TRAFFIC STUDIES ARE, YOU KNOW, ONE PART SCIENCE, ONE PART ART, I GUESS. BUT BUT NEVERTHELESS, THIS IS A NEW DEVELOPMENT WITH, YOU KNOW, WITH ONLY ONE WAY IN AND OUT, ESSENTIALLY. AND I THINK THAT THAT CHANGES. PLUS THE OLD TRAFFIC STUDY IS SEVERAL YEARS OLD. SO SO I THINK TRAFFIC IS NUMBER ONE. I THINK THAT TO ANSWER THE SECOND QUESTION THERE, I DON'T THINK AT A LESS INTENSIVE BUILDING SETBACK ADJACENT TO THE WEDDING VENUE IS JUSTIFIED. IN THIS PARTICULAR CASE. FOR THE REASONS THAT I STATED BEFORE. AND CERTAINLY I ALSO THINK THAT SOME REDESIGN OF THE AND MAYBE THAT'S THIS IS THIS IS WHERE IT'S DIFFICULT. WHETHER THAT'S A PLAT ISSUE, SOME, YOU KNOW, REDESIGN OF THE THE STREETS AND THE PARKING IS A PLAT ISSUE, NOT A PUD ISSUE. AND WE COULD CERTAINLY TALK ABOUT SIDEWALKS AND OTHER, YOU KNOW, OTHER INFRASTRUCTURE ISSUES. YOU KNOW, SECONDLY, WHEN WE GET TO THE PRELIMINARY PLAT, BUT, YOU KNOW, AGAIN, I DON'T THINK A PUD IS PROBABLY JUSTIFIED IN THIS CASE GIVEN THE. LACK OF OVERALL PUBLIC BENEFIT. AND THE AND THE IN. YOU KNOW, AND ESPECIALLY WITH RESPECT TO, YOU KNOW, AMENITIES PARK DOG YOU KNOW, DOG AREA, YOU KNOW, SIDEWALKS, ANY OF THE SORT OF URBAN AMENITIES THAT WE WOULD EXPECT TO SEE. OKAY. ANY FURTHER DISCUSSION? SURE. CAN WE JUST GO OVER THE NEXT STEPS. SO THESE ARE TECHNICALLY RECOMMENDATIONS TO TAKE TO THE CITY COUNCIL. IS THAT CORRECT? CORRECT. YEP. WE HAVE THE TWO THINGS THAT WE'RE DOING. WE'RE JUST RECOMMENDING TO THE COUNCIL. ANY FURTHER DISCUSSION. SO I LOOK AT THIS AND THE AS THEY. YOU KNOW THEN YES WE'RE SUPPOSED TO GET A PUBLIC BENEFIT OUT OF THIS. BUT I THINK PART OF THE PUBLIC

[01:25:02]

THE TWO PROPERTIES THAT ARE ADJACENT TO THIS ARE ALSO MARKED FOR MEDIUM DENSITY HOUSING. AND SO I ACTUALLY LOOK AT THIS THAT MAYBE THE YOU KNOW, THE SIDE YARD SETBACK BETWEEN THE TWO IS APPROPRIATE BECAUSE WE WOULD LIKE TO HAVE MEDIUM DENSITY HOUSING ON THE OTHER SIDE OF THAT BOUNDARY AS WELL. AT SOME POINT. WE HAVE GIVEN THE MARKERS HERE AS A CITY AND, YOU KNOW, THROUGH OUR OUR DOCUMENT HERE, THE PLANNING COMMISSION'S DOCUMENT OF THE COMPREHENSIVE PLAN, SAYING THIS IS WHAT WE WOULD LIKE TO SEE IN THESE AREAS. WE'RE NOT OPPOSED TO THE WEDDING VENUE BEING THERE, BUT IN THE LONG TERM, WE WOULD LIKE TO HAVE A BIT MORE DENSITY TO MATCH UP WITH A LOT OF THE OTHER THINGS THAT ARE KIND OF IN THAT SAME AREA. AND SO, YOU KNOW, I THINK THAT IS ONE OF THE THINGS THAT WE NEED TO LOOK AT AS A, AS A, AS A PUBLIC BENEFIT. I THINK THAT THERE MAY BE OTHER THINGS THAT WE CAN THAT WE COULD ASK ABOUT, I THINK TRYING TO WORK AND MAYBE DOING SOMETHING. WE HAVE A VERY LARGE RIGHT OF WAY ON THE ON THE SIDE. THEY CAN'T BUILD IN THAT AREA, BUT THEY MIGHT BE ABLE TO DO SOME PARK STUFF. THEY MIGHT BE ABLE TO DO SOME PARK AMENITIES IN THAT AREA. WE COULD PUT A CONDITION ONTO THIS RECOMMENDATION ON THAT, THAT THEY WOULD WORK WITH THE PARK BOARD, AND THERE'S GOING TO BE SOME TRAIL AND PARK FEES THAT GET PAID TO THE PARK BOARD. MAYBE SOME OF THAT MONEY CAN BE INVESTED EVEN VERY LOCALLY RIGHT THERE. IT'S NOT A VERY LARGE IT'S A IT'S IT'S NOT A HUGE, LARGE SPACE. BUT THERE MAY BE SOMETHING CREATIVE THAT CAN BE KIND OF PUT IN THERE.

NOT NECESSARILY PLAYGROUND EQUIPMENT, BUT OPEN SPACE. YOU KNOW, THEY EXERCISE EQUIPMENT, THESE TYPES OF THINGS THAT COULD POTENTIALLY GO INTO THAT AREA AND CONNECT IN WITH THE WHAT WE HAVE ALREADY, WHICH IS THE PATH GOING UP. MANNING. THAT'S A, YOU KNOW, AND YES, I WOULD LIKE TO SEE POTENTIALLY MORE SIDEWALKS IN SOME OF THESE TYPES OF THINGS, BUT I DON'T KNOW. LOOKING AT THIS PARCEL IN PARTICULAR, LOOKING AT THE AMOUNT OF WETLANDS THAT THEY'RE HAVING TO TRY AND DO, LOOKING AT THE SIZE OF THE SETBACK THAT IS REQUIRED OFF OF MANNING AVENUE. IT MAKES THIS A VERY TRICKY, TRICKY SITE. AND I THINK, YOU KNOW, I'M NOT SURE THAT ANY OF THE ZONING CODE THAT WE CURRENTLY HAVE, IN FACT, I THINK THAT THAT WAS ONE OF THE THINGS THAT MR. GUTKNECHT SAID THERE ISN'T A WAY TO PUT MEDIUM DENSITY HOUSING ON THIS SITE USING OUR ZONING CODE. AND THAT'S THAT. THAT'S THE POINT THAT WE KIND OF GET TO HERE.

AND I, I UNDERSTAND THE ARGUMENTS OPPOSING THIS, BUT IF WHAT WE'RE REALLY SAYING WE WANT TO DO IS MEDIUM DENSITY HOUSING IN THIS AREA, THIS IS ONE OF THE BETTER PLANS FOR DOING THAT. I AGREE, IT'S A VERY DIFFICULT PLOT AND IT HAS GOOD GOALS, AND I DON'T WANT MULTIPLE DEVELOPERS TO COME HERE A BUNCH OF TIMES. I APPRECIATE YOU COMING AS THE OWNER AND TALKING ABOUT THAT. I AM CONCERNED ABOUT THIS COMMISSION SAYING THAT MEDIUM DENSITY ALONE IS A PUBLIC BENEFIT AND THEREFORE YOU CAN GET A PUD, A PUD. I THINK THAT I WANT TO SEE A LITTLE BIT MORE THAN THAT. AND MAYBE IT IS THESE ADDITIONAL PIECES, MAYBE IT'S THERE'S THERE'S A LOT OF DIFFERENT THINGS I COULD SEE, BUT IT WAS VERY STRIKING TO ME TO MAKE A RECOMMENDATION THAT THIS MEETS PUBLIC BENEFIT WITH JUST BEING MEDIUM DENSITY FOR IT BEING HOMES OF THIS SIZE, OF THIS COST. I DON'T THINK THAT THAT MEETS THE PUBLIC BENEFIT ANALYSIS. MR. CHAIR. YEAH, SURE. YEAH. WHY DON'T YOU COME OVER, COME OVER TO THE MICROPHONE. SO WE'VE GOT IT ON, YOU KNOW, GOT IT IN THE RECORD. THANK YOU, MR. CHAIR. I DIDN'T MEAN TO INTERRUPT YOUR DIALOG. I JUST FELT THERE WAS MAYBE AN OPPORTUNITY FOR ME TO PROVIDE SOME VALUE ADDED COMMENTS. IF WE COULD JUST TAKE A STEP BACK AND LOOK AT THE THE KIND OF THE CONSTRAINTS OF THE SITE. A COLLEAGUE THAT I WORK WITH, HE ALWAYS LIKES TO USE THE TERM.

[01:30:08]

THERE ARE GOVERNMENT DOCUMENTS AND REGULATIONS, THE COMP PLAN, THE ZONING CODE. THOSE ARE THINGS THAT WE HAVE TO OBVIOUSLY TAKE INTO CONSIDERATION. AND WE DO. THERE ARE THINGS LIKE RIGHT OF WAY REQUIREMENTS, SETBACK REQUIREMENTS, NATURAL FEATURES, SOMETIMES TOPOGRAPHY, SOILS, THINGS OF THAT NATURE, ALL FACTOR IN WETLANDS. OF COURSE YOU HAVE ALL THESE DIFFERENT THINGS. AND OF COURSE THERE'S ALWAYS CONCERNS. ALMOST EVERY PROPOSAL I HEAR TREES AND TRAFFIC AND THEN A FEW OTHER SPECIALTY ITEMS. THOSE ARE VERY, VERY COMMON CONCERNS. BUT JUST A COUPLE OF THINGS THAT I'D LIKE TO JUST OFFER YOU TO AUGMENT YOUR DISCUSSION. THE THE MANNING AVENUE AS ITS SETBACK AS IT'S BEEN SAID, OR THE RIGHT OF WAY REQUIREMENT THERE. THE SETBACK FROM THE RIGHT OF WAY IS 100FT. AND THEN ON THE NORTH, WE HAVE A 70 FOOT SETBACK IN THE SOUTH WEST CORNER. THE SOUTHEAST CORNER WE HAVE A WETLAND, WHICH WE'RE WETLANDS, WHICH WE'RE PROTECTING. WE'RE NOT DAMAGING AT ALL. THAT SHOULD BE A PUBLIC BENEFIT. THE SITE IS 15 PLUS GROSS ACRES. MORE THAN 50% OF THAT IS BEING LEFT AS OPEN PASSIVE SPACE. MORE THAN 50% OF THE SITE. I RARELY WORK A SITE THAT HAS 50% OF THE SITE UNDEVELOPED. AND IT THOSE ALL THOSE CONSTRAINTS FACTOR INTO THAT. WE HAVE THE TREE SWALE TRENCHES GOING THROUGH KIND OF THAT MIDDLE PORTION OF THE SITE ALONG THE NORTHERN PART OF THE SITE. THE IRRIGATION SYSTEM IS A WATER REUSE SYSTEM TO BE ENVIRONMENTALLY FRIENDLY. THESE TOWNHOMES THAT WE BUILD, THERE IS A HERS SCORE SYSTEM THAT IS USED AT LEAST THE FEDERAL GOVERNMENT USED TO PROMOTE IT. AND THAT RELATES TO, YOU KNOW, HOW ENERGY EFFICIENT THE HOMES ARE. IF YOU'RE AN EXISTING HOME OF MAYBE 25 YEARS OR OLDER, YOUR HERS SCORE IS PROBABLY ABOUT 130 TO 150. THE HIGHER THE SCORE, THE WORSE YOU ARE AS ENERGY EFFICIENT OUR TOWNHOMES HAVE TESTED IN THE 50 TO 55 HERS SCORE RANGE, SO THEY'RE VERY ENERGY EFFICIENT UNITS AND THEY'RE PROVIDE EXCELLENT HOMES. ABOUT 30% OF OUR TWO STORY HOA TOWNHOME BUYERS ARE EMPTY NESTERS. THEY'RE STILL ACTIVE FOLKS THAT DON'T HAVE KIDS.

THEY WANT AN HOA TYPE LIFESTYLE, BUT FOR A VARIETY OF REASONS, THE TOWNHOME STILL MEETS THEIR NEEDS. THEY'RE NOT QUITE AFRAID OF STAIRS YET, SO THEY'RE NOT LOOKING FOR THAT SINGLE LEVEL SLAB TYPE EXPERIENCE YET. SO WE FIND, YOU KNOW, IF IF THE THOUGHT IS ALL THESE BUYERS ARE GOING TO BE YOUNG FAMILIES PILING IN WITH KIDS SPILLING OUT IN ALL DIFFERENT DIRECTIONS, THAT'S JUST SIMPLY NOT AN ACCURATE PORTRAYAL OF OUR TWO STORY TOWNHOME NEIGHBORHOODS.

WITH REGARDS TO THE SETBACK DISCUSSION ON THE EAST SIDE, WE HAVE TAKEN A LOOK AT THAT.

THERE ARE A VARIETY OF ASKS BY THE PROPERTY OWNERS TO THE SOUTH AND TO THE EAST THAT WE HAVE BEEN CONTINUING TO WORK ON. WE HAVE WALKED THE SITE. JASON AND I HAVE BEEN OUT JUST RECENTLY TO THE PROPERTY TO THE EAST TO ACTUALLY PHYSICALLY SEE THAT AREA AND LOOK AT THAT AREA AND, AND TALK ABOUT MITIGATION TO ADDRESS THEIR CONCERNS. WE'RE TRYING TO BE GOOD NEIGHBORS. NONE OF THE IDEAS THAT COME UP FOR THE PROPERTY TO THE EAST OR THE SOUTH INVOLVE DOING ANYTHING ON THEIR PROPERTIES. IT'S ALL ON ON WHAT OUR PROPERTY WOULD BE. BLOCKS FIVE, SIX AND SEVEN. THOSE UNITS JUST NORTH OF THE POND. THOSE ARE ALMOST 200FT AWAY FROM THE SOUTH PROPERTY LINE. IT IS A SIGNIFICANT DISTANCE, IF WE ARE REQUIRED ON THE EAST SIDE TO PUSH THOSE THAT DEVELOPMENT 52FT, IT WILL TAKE AWAY NINE UNITS AND WILL IMPERIL THE PROJECT. IT WILL NOT MEET THE DENSITY REQUIREMENTS. GUIDED BY THE CITY'S COMP PLAN. WHAT WE ARE ABLE TO DO IS ADD EIGHT AND A HALF MORE FEET SO WE CAN GET TO

[01:35:04]

SO WE DO KNOW A FAIR AMOUNT ABOUT KIND OF WHAT'S GOING TO HAPPEN WITH THIS DEVELOPMENT.

AND, AND I JUST OFFER ALL OF THOSE THINGS FOR YOUR CONSIDERATION. I THOUGHT ONE FINAL THOUGHT AND THEN I'LL SIT DOWN. MR. CHAIR, THANK YOU FOR YOUR GENEROSITY. STAFF HAD KIND OF TALKED ABOUT A PUBLIC BENEFIT OF SOME SOME TYPE OF AMENITY OR LIKE A SEATING AREA OR SOMETHING LIKE THAT, A GATHERING AREA. AND WE THOUGHT LOGICALLY THAT COULD BE NEAR THAT POND FEATURE. THAT'S SOMETHING TO LOOK AT. BUT YOU THEN INVITE PEOPLE TO BE CLOSER TO THE SOUTH PROPERTY LINE, WHICH I THINK EXACERBATES THE NEIGHBOR'S CONCERN TO THE SOUTH.

LOOKING OFF TO THE WEST SIDE OF THE DEVELOPMENT, WE'D NEED COUNTY PERMISSION TO ENCROACH INTO THEIR RIGHT OF WAY OR THAT SETBACK TO DO THAT. BUT THAT'S SOMETHING. THAT'S SOMETHING TO CONSIDER. HAVING SAID THAT, I BELIEVE THAT THERE ARE SEVERAL PIECES OF PUBLIC BENEFIT WITH THIS APPLICATION OTHER THAN JUST MEETING THE CITY'S REQUIRED DENSITY. OKAY. THANK YOU. GREAT. THANK YOU. WHERE ARE WE WITH THE DISCUSSION FURTHER ON THE CHAIR, PUD, IF I TAKE A SECOND SOMETIMES AS STAFF SITTING HERE, WE HAVE A LITTLE BIT DIFFERENT PERSPECTIVE AND LISTENING TO EVERYONE TALK. SO I THINK THE QUESTION CAME UP KIND OF WHERE WHERE DO WE GO FROM HERE. IF, IF YOU WANT, I COULD OFFER A FEW THOUGHTS BASED ON WHAT WHAT WE'RE HEARING SOUNDS LIKE FROM THE COMMISSION. THERE'S GENERAL APPRECIATION AND SUPPORT THAT THEY'RE MAKING A GOOD FAITH EFFORT. BUT THERE'S SOME THINGS THAT YOU HAVE QUESTIONS ABOUT OR WANT THEM TO KIND OF LOOK AT, MAYBE IN A DIFFERENT LIGHT OR HEARING FROM THE APPLICANT'S TEAM. THEY'RE TRYING TO THREAD THE NEEDLE AND THERE'S MAYBE SOME ADJUSTMENTS THEY CAN MAKE,

[01:40:01]

ONE IS TO JUST SAY, NOPE, THIS ISN'T GOING TO WORK AND DENY IT. AND I DON'T THINK ANYONE'S TALKING ABOUT THAT. THE SECOND IS TO SAY WE SUPPORT IT. THERE'S A NUMBER OF CHANGES WE WANT TO SEE. WE'RE GOING TO PUT SOME CONDITIONS IN PLACE AND PUSH IT ON TO THE CITY COUNCIL TO KIND OF WRESTLE WITH. AND THE THIRD IS TO SAY, WE'VE GIVEN YOU A LIST OF OUR CONCERNS AND QUESTIONS. YOU'VE HEARD THEM. CAN YOU COME BACK AND SHOW US HOW YOU'RE ADDRESSING THOSE? I THINK THAT FROM STAFF'S PERSPECTIVE, THAT'S PROBABLY THE BEST WAY TO GO, GIVEN IF WE TRY TO GET A BUNCH OF CONDITIONS IN PLACE RIGHT NOW, WE'RE GOING TO BE HERE FOR A LONG TIME TRYING TO HASH THROUGH EVERYTHING AND NOT HAVING COMPLETE INFORMATION. SO I'LL OFFER TO YOU THAT THAT MAY BE THE THING TO DO IS TO BE REALLY CLEAR ABOUT THE QUESTIONS. AND I THINK YOU'VE ALREADY OUTLINED A NUMBER OF THEM, THE QUESTIONS OR ISSUES THAT YOU HAVE. GO BACK TO THE TEAM AND SAY, HOW CAN YOU ADDRESS THESE? AND WE CAN KIND OF MAKE SURE WE HAVE ALL THOSE DOCUMENTED AND THEN COME BACK AND YOU'LL HAVE A BETTER PICTURE OF WHAT'S POSSIBLE, AND THEY'LL BE ABLE TO KIND OF RESPOND TO SOME OF THE THINGS THAT YOU'VE RAISED. THAT'S THAT'S A THOUGHT HERE. AS, AS STAFF. OKAY. SHOULD WE THEN BASED ON THAT CONTEMPLATE WITH OUR MOTION, WE'RE STILL JUST MAKING A RECOMMENDATION TO THE COUNCIL. SO DO WE WANT TO PUSH THIS TO THE COUNCIL. BUT WITH THE HERE ARE OUR RESERVATIONS ABOUT THIS AND THAT. WE'RE THINKING THAT. AND YOU KNOW WHAT? I'M WHAT I'M HEARING IS THAT WE DON'T HAVE KIND OF A PUBLIC SPACE OR ENOUGH PUBLIC, YOU KNOW, ACCOMMODATION, BE IT, YOU KNOW, SOMETHING AROUND THE POND OR A DOG DOG PARK OR SOMETHING ALONG THOSE LINES.

AND SO AND THAT WE ALSO HAVE CONCERNS ABOUT THE TRAFFIC IN THE AREA. AND TO LOOK AT EITHER A AT THE TURN LANES OR AT DOING ANOTHER, DOING A TRAFFIC STUDY TO HASH OUT WHAT MIGHT MIGHT BE USEFUL. AND IN MY MIND, THE THOUGHT IN MY MIND, FINAL THING WAS IN MY MIND, I THINK I ALSO HEARD SNOW REMOVAL DEBRIS AND NOT GOING INTO THE WATER. THOSE ARE THE THREE I HEARD. OKAY, WELL, I WHEN WE GOT TO PLATT, I WAS ALSO GOING TO MENTION LIGHTING PLAN CLEARLY MARKED GUEST PARKING. THE WHOLE PARK AMENITY, DOG WALKING ELEMENT. AND THEN I HAD ONE MORE ON MY LIST OF STUFF HERE. THERE'S ANOTHER ONE THAT'S IN THERE, BUT I CAN. IF WE GO THIS ROUTE, I'D BE HAPPY TO JUST SEND IT TO STAFF. DID YOU WANT TO DO THAT ON THE PLATT PIECE OF IT THEN, RATHER THAN THE. I WAS THINKING IT FIT MORE WITH THE PLATT BECAUSE IT'S MORE, YOU KNOW, KIND OF HOW THIS HAPPENS TYPE STUFF. SO I WAS HOLDING BACK ON SOME OF THE OTHERS. I THINK YOU CAN PROBABLY MAKE AN ARGUMENT THAT THE PARK STUFF BELONGS ON THE PUD, ESPECIALLY IF IT BECOMES A PARK PARK. IF IT BECOMES LIKE A DOG WALK AREA THAT NEEDS TO BE MARKED. YEAH.

YOU KNOW, THEY'RE KIND OF BOTH OF THESE ARE PRETTY CLOSELY ALIGNED. YOU KNOW, WE'RE TALKING ABOUT PUBLIC BENEFITS. SO IS THAT A PARK OR IS THAT A PLATT. YOU KNOW. YEAH. OUR SIDE YOU KNOW SO FORTH AND SO ON. SO I MEAN I KNOW WE HAVE A MOTION, YOU KNOW, WE HAVE A MOTION THAT'S ALIVE. BUT I, WE DO HAVE THE I MEAN, WE COULD DO ONE OF TWO THINGS. HASH OUT ALL OF THESE CONDITIONS, SEND IT ON TO COUNCIL OR, YOU KNOW, REQUEST THAT THE APPLICANT COME BACK IN FEBRUARY WITH ANSWERS TO SOME OF THESE QUESTIONS. AND THAT WOULD BE MY PREFERENCE. SO YOU'RE PROPOSING THAT WE MAKE A LIST AND HAVE IT AND TABLE IT AND HAVE IT COME BACK TO US? YES. ARE YOU MAKING THAT AS A MOTION? WELL, I DON'T THINK I CAN. WE HAVE ANOTHER MOTION.

YOU CAN, YOU CAN TABLE. I THINK WE CAN. I THINK MOTION A TABLE IS, IS TO TABLE THE MOTION.

YEAH. IT'S A WE'RE NOT GOING TO TAKE ACTION TONIGHT. YEAH I'LL MAKE THE MOTION THAT WE TABLE AND DIRECT THE APPLICANT TO, YOU KNOW, COME BACK WITH SOME ADDITIONAL INFORMATION WITH RESPECT TO THE ISSUES THAT WE'VE IDENTIFIED. WE'RE GOOD ON THE 60 DAY. SO I THEY'VE THEY'VE THEY'VE ADDED THIS INTO THE AGENDA AS WAS COMING OUT OF MY MOUTH WHICH, WHICH WE APPRECIATE. THANK YOU. YEAH. SO I, I APPRECIATE THAT AND I DEFINITELY FALL IN THE CAMP OF I THINK THERE ARE STILL SOME QUESTIONS OUT THERE. I WONDER BECAUSE OF THE PROCESS, WHICH IS PART OF THE REASON I ASKED THE QUESTION EARLIER. CENTRAL MAKING A RECOMMENDATION TO CITY COUNCIL IN THE VEIN OF EFFICIENCY, NOT TO PUSH FORWARD THE PROJECT WITHOUT DOING OUR DUE DILIGENCE, BUT NOT TO SLOW IT DOWN EITHER FOR THE SAKE OF SLOWING IT DOWN, COULD WE MAKE

[01:45:05]

FEEL FREE TO CHIME IN. IN ADDITION TO THAT, I HAVE TO EVERYTHING THAT THE COMMUNITY DEVELOPMENT DIRECTOR MENTIONED, I HAVE IT NOTED THAT WE'RE GOING TO GET MORE WRITTEN CLARIFICATION AROUND HOA GUIDELINES, INCLUDING WHAT THEIR SOME OF THEIR MAINTENANCE OBLIGATIONS WILL BE AND PARDON ME WHILE I SCROLL THROUGH. I HAVE A COUPLE PAGES HERE. OR DID YOU SAY DID YOU INCLUDE LIGHTING IN YOUR LIST? YEAH. OKAY. YES. WE COULDN'T REMEMBER THE GUEST PARKING. WHETHER THAT SHOULD BE A CITY OBLIGATION DISTINCT FROM A HOA OBLIGATION.

THE PART, THE PEDESTRIAN OR THE ACCESS POINT ACROSS 80TH UP TO SETTLERS. I THINK THAT WAS ALREADY ON YOUR LIST. BUT WE DIDN'T HAVE. YES. AND FURTHER, WE CAN EXPLORE WHAT NON STRUCTURAL ELEMENTS COULD BE INCORPORATED INTO THE 80TH STREET AND MANNING SETBACKS TO DETERMINE IF THAT SETBACK COULD BE USED TO ACCOMMODATE SOME OF THE COMMUNITY AMENITIES THAT HAVE BEEN ASKED FOR AND QUESTIONED THIS EVENING. DOES THAT KIND OF COVER WHAT WE WERE LOOKING AT FOR THE PRELIMINARY PLAT AS WELL? I THINK THAT IS ALL OF THE ISSUES HOWEVER YOU

[01:50:01]

[3. Case No. CD2025-055: Conditional Use Permit for Cannabis Retail at 2510 Curve Crest Boulevard, Suite A – (Staff Reviewer: Johnny Menhennet, 651-430-8822, jmenhennet@stillwatermn.gov)]

AS A REMINDER TO THE COMMISSION AND TO THE PUBLIC INTERESTED IN THIS DEVELOPMENT, THE APPROVAL OF A CONDITIONAL USE PERMIT THAT WILL BE GRANTED BY THE COUNCIL, IT DOES NOT

[01:55:03]

IT IS AFTER THEY HAVE THEIR LICENSE, AS WELL AS THEIR LAND USE APPROVALS, THAT THEY WOULD SEEK ONE OF THE CITY'S THREE CANNABIS RETAIL REGISTRATIONS. THE STAFF RECOMMENDATION IS THAT THE COMMISSION MAKE A MOTION TO RECOMMEND APPROVAL OF A CONDITIONAL USE PERMIT FOR CANNABIS RETAIL AT 2510 CURVE CREST BOULEVARD. I STAND FOR QUESTIONS. DO WE HAVE ANY QUESTIONS FOR STAFF? I HAVE A QUESTION ABOUT THE SAFETY PLAN PART ON THE PIECE. MY UNDERSTANDING IT RIGHT THAT THERE'S LIKE A SHARED BATHROOM WITH SUITE A FOR THIS PLACE.

AND WAS THAT CONSIDERED IN THE SAFETY PLAN AND HOW WAS THAT KIND OF FACTORED IN? THANK YOU, CHAIR AND COMMISSIONERS, FOR THE QUESTION. IN REVIEWING THE SAFETY PLAN, IT IS AT THE THE APPROVAL OF THE SAFETY PLAN IS AT THE DISCRETION OF THE CHIEF OF POLICE. WE DON'T HAVE ANYTHING WITHIN OUR ZONING REQUIREMENTS THAT RELATE TO BATHROOM OR SHARED ACCESS BETWEEN SECURED LOCATIONS THAT NEED TO BE AGE VERIFIED OR EMPLOYEE RESTRICTED, VERSUS THOSE IN OTHER BUILDINGS THAT WOULD FALL TO OUR POLICE, AND THEN WHATEVER REQUISITE BUILDING CODES ARE IN PLACE THAT ALLOW FOR THE PROVISION OF SHARED SANITATION FACILITIES.

HOWEVER, I RECOGNIZE THAT THERE IS A SENSITIVE NATURE TO THIS BUSINESS, AND WE WELCOME RECOMMENDATIONS FOR AMENDED CONDITIONS THAT AT LEAST WOULD ADD CLARITY TO YOUR QUESTION ABOUT WHAT SORT OF FACILITIES ARE ACCESSIBLE TO THE PUBLIC WITHIN THIS PROPOSED BUILD OUT.

CORRECT. THANK YOU. THAT'S HELPFUL. ANY OTHER ANY OTHER QUESTIONS FOR STAFF? OKAY. IS THE APPLICANT HERE ANYTHING THAT YOU WISH TO ADD? SEEING NO ONE STEP. OH SORRY OKAY. YEP.

IF YOU CAN PRESS THE PRESS THE BUTTON. TURN THAT GREEN AND THEN GIVE US YOUR NAME AND ADDRESS FOR THE RECORD. THERE YOU GO. HI, MY NAME IS JAMIE WHITE AND I REPRESENT THE APPLICANT, WYATT TOWNS JR, AS HE COULD NOT BE HERE TONIGHT. AND MY ADDRESS IS 50, 5050 5490 THIRD AVENUE NORTH IN BROOKLYN PARK, MINNESOTA. 55443. I DIDN'T HAVE REALLY ANYTHING TO ADD. I FEEL LIKE, YOU KNOW, YOU HAVE ENOUGH INFORMATION, BUT IF YOU DID HAVE ANY QUESTIONS, I'M MORE THAN HAPPY TO ANSWER. OKAY. ARE YOU ARE YOU FAMILIAR WITH THE PHYSICAL LAYOUT OF THE FACILITY AND GOING BACK TO THE SHARED BATHROOM QUESTION, YOU KNOW HOW YOU KNOW? WHAT ARE THE PHYSICAL CONSTRAINTS? SO YOU KNOW, YOU DO WANT TO BE ABLE TO OFFER A BATHROOM FOR YOUR EMPLOYEES. YEAH. BUT BESIDES THAT, I MEAN, WE I HAVE NOT HAD AN ISSUE WITH A SHARED BATHROOM WHERE I DID NOT KNOW THAT THIS WOULD BE A CONCERN, BUT WE'D BE MORE THAN HAPPY TO ADDRESS IT ON THE PLAN. IF WE NEED TO PULL SOME PERMITS OR FIGURE OUT A WAY THAT WE CAN ADD A PRIVATE BATHROOM, IS THAT IF THAT IS A TRUE CONCERN OF YOURS, YOU KNOW, WE CAN LOOK AT OUR CONSTRUCTION BUDGET AND MAKE SURE THAT THAT IS DOABLE. WE WE WANT TO MAKE SURE THAT THE SAFETY OF THE COMMUNITY AND WHAT YOU'RE ASKING FOR IS AT OUR UTMOST IMPORTANCE, BECAUSE THAT'S ALL MR. WYATT WOULD LIKE. HE JUST WANTS TO BE ABLE TO HAVE A COMPLIANT BUSINESS AND A SAFE BUSINESS, AND HE WANTS TO ADDRESS ANY CONCERNS AND MAKE SURE THAT IF YOU DO HAVE A SUGGESTION, WE ARE LISTENING AND WE PUT IT IN PLACE. WELL THANK YOU. I APPRECIATE YOU BEING HERE. WERE YOU DID YOU HAVE MORE QUESTIONS? I JUMP IN, I'M SORRY. I THINK WE'RE BOTH ON THE SAME. OKAY. SO GO AHEAD. OKAY. I THINK MY, MY WORRY IS BECAUSE IT LOOKS LIKE IT'S PRIVATE EMPLOYEE ONLY FOR THE BATHROOMS ON YOUR PLAN, BUT THEN IT LOOKS LIKE WHATEVER, THE SUITE NEXT TO YOU HAS ACCESS TO THE BATHROOMS THAT YOU SHARE THE BATHROOMS. SO I'M MORE WORRIED ABOUT WHAT YOUR NEIGHBORS ARE DOING AND BEING ABLE TO ACCESS THE SAME PLACE WHERE IT SEEMS LIKE YOU HAVE SENSITIVE PRODUCTS IN THEM. SO WE HAVE A VERY, VERY SECURE SYSTEM WHERE THERE'S NOT ONLY CAMERAS, BUT YOU HAVE TO HAVE A CODE TO GET OUT TO THAT BATHROOM. AND IT'S MOSTLY FOR EMERGENCIES, LIKE IF A CUSTOMER WAS ABOUT TO THROW UP OR SOMETHING LIKE THAT, AN EMPLOYEE WOULD BE ABLE TO WALK THEM BACK INTO THE BATHROOM.

BUT SOMEONE USING IN THE UNIT NEXT TO US WOULD NOT BE ABLE TO ACCESS AND GET INTO OUR SPACE.

YOU WOULD ALSO WE WOULD HAVE A THE SAME KEYPAD ON THE OUTSIDE OF THAT DOOR, AND AN EMPLOYEE WOULD HAVE TO OPEN THAT SAME ACCESS TO GET BACK IN. SO NO ONE FROM A SHARED HALLWAY OR ANYTHING LIKE THAT COULD COME INTO THE BACK SPACE OF THAT AREA. WE'RE WE'RE VERY CAREFUL

[02:00:05]

SO THERE'S ACTUALLY SAFES WITHIN A CAGE THAT YOU HAVE TO USE A CODE TO GET INTO. SO ANYONE THAT NEEDED TO USE THAT BATHROOM WOULD BE WALKING THROUGH THAT ROOM, BUT WOULD NOT BE THAT WOULD NOT GIVE THEM ACCESS TO OUR SECURED STORAGE AREA, THE CAGE TO GET TO THE BATHROOM. YES. THEY WOULD NOT BE ABLE TO ACCESS THAT. YOU WOULD ALSO HAVE TO USE YOUR CODE TO GET IN AND OUT OF THAT CAGE AS WELL. SO MY ONLY SUGGESTION WOULD BE, YOU KNOW, SINCE YOUR SITE PLAN DOESN'T SHOW THE CAGE OR THE PASSAGEWAYS THAT YOU MAY WANT TO ADD IT, AND THEN TO THE SECURITY PLAN AND THEN HAVE THE CHIEF OF POLICE TAKE A LOOK AT, TAKE A LOOK AT IT ONCE ONE MORE TIME. THAT WOULD BE MY SUGGESTION. OKAY, I FOUND WHERE I WAS LOOKING FOR IT. SO ON PAGE 59 OF THE PACKET OF THE SUBMITTED PIECE, THERE'S THIS LITTLE. IT LOOKS LIKE A LITTLE NOTE THAT SAYS DOOR IS TO JOINT RESTROOMS. THE ADJACENT TENANT SHARES THESE WITH US. SO I THINK THAT'S THAT'S MY CONCERN. I, I APPRECIATE THE SAFETY OF WHAT YOUR STAFF AND THEIR PRIVATE BADGES AND THEM MAYBE AN EMERGENCY HELPING A CUSTOMER.

THAT MAKES SENSE. THAT SEEMS VERY SAFE. I'M CONCERNED ABOUT ADJACENT TENANTS ACCESS AND THEN WHAT WHAT SAFETY IS INVOLVED TO MAKING SURE THAT THEY'RE COMPLIANT WITH THIS, THAT THEY ARE JUST AS SAFE WITH THE ACCESS TO THE BATHROOM, WHICH THEN LEADS TO YOUR STORAGE LOCKER. AND THAT MAKES SENSE. BUT I THINK IF THAT'S MY CONCERN, IS UNDERSTANDING A LITTLE BIT MORE ABOUT THE SECURITY OF THAT AND IF THERE'S ANY WAY TO MITIGATE IT, MAYBE THEY'RE BLOCKED OFF. SO YOU CAN'T ACCESS THIS PRIVATE STORAGE LOCKER FROM A BATHROOM SPACE. I DON'T KNOW IF THAT'S POSSIBLE OR NOT, BUT THAT'S THAT'S WHERE MY CONCERN COMES FROM. YES. SO TO GET INTO OUR SECURE STORAGE AREA FROM OUTSIDE THAT DOOR, YOU WOULD HAVE TO HAVE THE CODE TO GET BACK IN. SO YOU HAVE A CODE TO PASS INTO THAT ROOM. YOU'D HAVE A CODE TO GET INTO THE BATHROOM. AND THEN IF YOU ARE USING THAT BATHROOM IN THAT SHARED HALLWAY, YOU WOULD NOT BE ABLE TO GET INTO OUR SPACE WITHOUT HAVING AN ID BADGE TO GET INTO OUR AREA. DOES THAT MAKE SENSE? WE HAVE A LOT OF ID BADGES ALL THROUGHOUT THE SPACE, BECAUSE EVEN SOME EMPLOYEES DON'T HAVE ACCESS TO CERTAIN AREAS, SO WE ARE VERY CAREFUL ABOUT THOSE THINGS. BUT IF YOU NEED TO SEE THAT ACTUALLY LAID OUT ON A MAP, WE'D BE MORE THAN HAPPY TO PROVIDE THAT. SURE, I THINK THAT I THINK THAT WOULD BE HELPFUL. AND I THINK IF YOU COULD. YOU KNOW, IT SAYS DOOR IS TO JOINT RESTROOMS. SO PERHAPS IN YOUR FINAL SECURITY

[02:05:01]

YEAH. SO I WOULD IF WE'RE GOING TO DO THAT ANYWAY. BUT WE JUMPED THE GUN ON OUR DISCUSSION HERE POTENTIALLY. SO DO WE HAVE OTHER QUESTIONS FOR THE APPLICANT AT THIS POINT? LET'S GET BACK ON TASK. SEEING NONE. GREAT. THANK YOU. AWESOME. THANK YOU. THANKS SO MUCH. WITH THAT, WE WILL NOW OPEN THE PUBLIC HEARING ON THIS ITEM. AGAIN. IF YOU WISH TO TESTIFY ON THIS ITEM, COME FORWARD TO THE PODIUM NAME AND ADDRESS. FOR THE RECORD, KEEP HER COMMENTS UNDER FIVE MINUTES. ANYONE WISHING TO TESTIFY SEEING NO ONE, WE WILL CLOSE THE PUBLIC HEARING ON THIS ITEM. COMMISSIONERS, WHAT DO WE THINK ABOUT THIS? SO I WOULD MOVE THAT WE RECOMMEND APPROVAL OF, YOU KNOW, RECOMMEND THIS ITEM FOR CONSIDERATION BY THE CITY COUNCIL WITH THE ADDITIONAL. RECOMMENDATION THAT THE SECURITY PLAN BE REVIEWED BY THE CHIEF OF POLICE WITH RESPECT TO THE JOINT RESTROOM ACCESS ISSUE. OKAY. WE HAVE THAT AS A MOTION. DO WE HAVE A SECOND? I'LL SECOND AND WE HAVE A SECOND ON THAT ITEM. ANY FURTHER DISCUSSION ON US, MR. CHAIR, IF I MAY JUST TAKE A MOMENT OF PRIVILEGE, JUST BECAUSE EVERYBODY'S HEADS EXPLODE EVERY TIME WE DO ANYTHING WITH CANNABIS. I'LL TRY TO DO THIS FAST. THIS IS SOMETHING THAT THE LEGISLATURE DECIDED THAT WE HAVE TO TAKE INTO OUR CITY. SO YOU CAN LOOK AT MINNESOTA STATUTE THREE 42.13, WHICH FORBIDS LOCAL GOVERNMENTS FROM PROHIBITING OR ENACTING ANY REGULATIONS THAT BAN THIS TO THE POINT WHERE WE CAN ONLY REGULATE TIME, PLACE AND MANNER OF OPERATIONS. WE CAN'T CREATE A BARRIER TO CANNABIS BUSINESS COMING AND DOING THAT TO THAT END. AND YOU'LL SEE THIS IN THE PACKET.

THERE'S A VARIETY OF DIFFERENT BUFFERS THAT WE'VE PUT 1000FT FROM SCHOOLS, 500 YARDS FROM DAYCARE, 1000 FOOT SEPARATION BETWEEN THIS BUSINESS MEETS ALL OF THOSE. APPRECIATE THAT THE APPLICANT WAS HERE TODAY. THAT'S REALLY IMPORTANT THAT WE GET YOUR VOICE INTO THIS.

SHOULD WE CHOOSE NOT TO RESPOND. THE OFFICE OF CANNABIS MANAGEMENT CAN COME OVER TOP OF US AND ALLOW THIS. ANYWAY. ALL THIS DOES IS ALLOW RETAIL WITH A PROTECTED AND AS YOU JUST HEARD, CHIEF APPROVED SAFETY PLAN THAT ALLOWS THAT TO MEET THAT. ALL OF THOSE HAVE BEEN MET. THE CITY OF STILLWATER IS ALLOWING RETAIL ONLY. THIS IS NOT RETAIL AND ON SITE CONSUMPTION. YOU CAN'T GRAB AND FEED YOUR FACE WHILE YOU'RE THERE. I UNDERSTAND THAT THIS IS NOT IN A LOCATION THAT EVERYBODY WANTS. THERE IS NOT A LOCATION IN THE BOUNDARIES OF STILLWATER THAT EVERYBODY WANTS. WE WE HAVE FOUND A FAIRLY REASONABLE SPOT INSIDE OF THIS.

WE HAVE NO CHOICE IN THIS MATTER, EVEN IF WE DISLIKE IT. I'M NOT A FAN OF THE WAY THIS CAME DOWN. PERSONALLY, I DON'T HAVE A PROBLEM WITH CANNABIS PER SE, SO I AM VERY MUCH IN SUPPORT OF THIS BECAUSE I THINK THIS IS THE RIGHT LOCATION. A GOOD. APPLICANT WHO IS WORKING WITH OUR STAFF TO FOLLOW IT, AND IT MEETS ALL THE REQUIREMENTS, WHICH, BY THE WAY, ARE THE STRICTEST THAT THE STATE WILL ALLOW AT THIS POINT. THANK YOU. OKAY, ANY FURTHER

[02:10:02]

THOSE OPPOSED. THAT MOTION CARRIES. SO CONGRATULATIONS. THANKS. NEXT PUBLIC HEARING IS

[4. Case No. CD2025-056: Zoning Text Amendment to Define and Allow Day Care Uses in Business Park-Industrial District – (Staff Reviewer: Jason Zimmerman, 651-430-8821, jzimmerman@stillwatermn.gov)]

SO, YOU KNOW, WHILE NOT, YOU KNOW, AND SAY, YOU KNOW, ENTHUSIASTICALLY BEHIND THIS, I DON'T THINK STAFF HAS ANY HEARTBURN OVER ALLOWING DAYCARES IN THIS, ESPECIALLY ALONG CURVED CREST, WHICH IS KIND OF EVOLVING INTO KIND OF THAT MAIN ARTERY WHERE THERE'LL BE A LOT OF PEDESTRIAN TRAFFIC AND THINGS GOING BACK AND FORTH. THE DAYCARE IS PERHAPS A REASONABLE USE TO HAVE ALONG IT, I SHOULD SAY, AS WE TALKED ABOUT, THAT, THAT WE RECOGNIZE LOOKING AT CODE, THAT THERE IS NO DEFINITION OF DAYCARE. IT'S REFERENCED IN OUR USE TABLE, BUT THERE'S NO DEFINITION. AND WE ALSO SEE THAT THERE'S A DIFFERENCE BETWEEN DAYCARES, WHICH ARE IN SOMEONE'S HOME, AND A CHILD CARE CENTER, WHICH IS IN A MORE COMMERCIAL SETTING.

AND SO WHETHER OR NOT THE PLANNING COMMISSION WANTS TO RECOMMEND APPROVAL OF THIS TEXT AMENDMENT, THEY SHOULD ALSO MAYBE CONSIDER ALLOWING US TO INSERT SOME DEFINITIONS, WHICH WOULD MAKE THAT MORE CLEAR. THERE'S ACTUALLY A BROADER HOST OF DEFINITIONS AROUND ADULT DAYCARE AND IN-HOME DAYCARE AND OTHER THINGS THAT WE CAN MAYBE PUT OFF UNTIL WE DO OUR ZONING CODE UPDATE. BUT ESPECIALLY IF WE MOVE FORWARD WITH THIS, THIS ZONING DISTRICT HAVING SOME CLEAR DEFINITIONS OF DAYCARE AND CHILDCARE CENTER WOULD BE HELPFUL. SO THOSE ARE THE THINGS THAT WE'VE OUTLINED IN OUR STAFF MEMO. AGAIN, THERE'S A NUMBER OF DIFFERENT WAYS WE COULD GO ABOUT THIS. YOU COULD TACKLE JUST THE, THE THE USE WE COULD TACKLE THE USE AND THE DEFINITIONS. OR WE COULD TACKLE JUST THE DEFINITIONS. SO HAPPY TO TAKE ANY QUESTIONS. AND THE APPLICANTS FOR THE THE DAYCARE USE GENERALLY ARE HERE TONIGHT. IF YOU HAVE QUESTIONS FOR THEM.

DO YOU HAVE ANY QUESTIONS FOR STAFF. GENERAL QUESTION. MR. ZIMMERMAN, ONE OF THE CHALLENGES, THE REALLY THE ONLY CHALLENGE I HAVE WITH THIS IS AS WE'RE CONTINUING TO EXPAND THE BUSINESS AND INDUSTRIAL PARK USAGE TO, YOU KNOW, ALLOW A DANCE SCHOOL OR STUDIO, DEPENDING UPON WHO YOU TALK TO. THERE'S A HEAVILY POPULATED HOCKEY FACILITY THAT IS A LOT OF KIDS IN THERE. I APPRECIATE THE ORDERING OF TODAY'S AGENDA BECAUSE IT REALLY LEADS INTO THE PROBLEM WE'VE GOT, WHICH IS AS WE EXPAND THESE, IT IS INCREASINGLY BECOMING HARDER TO MEET THIS CANNABIS ELEMENT OF IT. AND SOMEBODY POINTED OUT TO ME RECENTLY THAT, YOU KNOW, OH, GOSH, MAYBE WE MADE A MISTAKE ALLOWING CURIO INTO THERE BECAUSE NOW WE'VE GOT AND I DON'T KNOW WHAT OTHER ADDITIONAL PAST CANNABIS. RIGHT? I'M NOT JUST PICKING ON CANNABIS. BUT AS WE START TO ENVISION THIS NEW MULTI-USE PIECE OF IT, WE'RE ALLOWING THINGS. BUT I WORRY WE'RE NOT THINKING ABOUT THE THINGS THAT ARE GOING TO COME UP THAT ARE GOING TO BE IN CONFLICT. RIGHT. I'VE GOT ONE GOOD EXAMPLE OF THAT. NOW, I'M NOT SURE IF THERE'S A TOXIC FUME EXAMPLE OR SOMETHING IN THE FUTURE WITH THAT. AND I JUST WANTED TO GET

[02:15:03]

I DON'T HAVE IT ALL IN FRONT OF ME. BUT GENERALLY IT IS THINGS LIKE LIGHT MANUFACTURING, FABRICATION. AND IT DOES ALLOW A LOT A NUMBER OF NON INDUSTRIAL THINGS OFFICES, DOG, DOG TRAINING. WE JUST HAD ONE NOT TOO LONG AGO. MEDICAL OFFICES SOME SOME RECREATIONAL THINGS. SO IT IT IS A MIX ALTHOUGH IT TENDS TO BE ON THE PRODUCTION SIDE OF THE SPECTRUM VERSUS OUR OTHER BUSINESS PARK DISTRICTS, WHICH, YOU KNOW, BUSINESS PARK COMMERCIAL IS MORE OF THE COMMERCIAL THINGS. SO IT'S IT'S GOT IT. IT'S NOT A TRUE INDUSTRIAL DISTRICT, BUT THAT IS THE WAY IT LEANS. YEAH. OKAY. ANY OTHER QUESTIONS FOR STAFF? I'M ASSUMING THE CITY IS THE APPLICANT THEN ON THIS. SO DO WE HAVE SOMEONE ELSE THAT THEY'RE GOING TO DO THE CUP OR ARE THEY GOING TO TALK UP TO THIS ONE AS WELL? I THINK THEY'RE CERTAINLY WELCOME TO TO EXPLAIN THEIR KIND OF RATIONALE. BUT YEAH, THE CITY IS ACTUALLY BRINGING IT. WELL, THEY'RE THE APPLICANT AND THEY'VE ASKED US TO CONSIDER THE TEXT AMENDMENT. OKAY. SO IS THE APPLICANT HERE.

STEP FORWARD FOR NAME AND ADDRESS FOR THE RECORD PLEASE. THANKS. GOOD EVENING. I'M CYRUS AMANI. THIS IS MY COLLEAGUE SHAWN GRAHAM. WE'RE BOTH WITH INSIGHT REAL ESTATE AS PROJECT MANAGERS. INSIGHT IS A DEVELOPER OF COMMERCIAL AND INDUSTRIAL REAL ESTATE, AND WE ARE PURSUING THE OPPORTUNITY TO CONSTRUCT A CHILD CARE FACILITY AT 1365 CURVE CREST BOULEVARD.

WE'VE BEEN HEAVILY FOCUSED ON THE CHILDCARE MARKET OVER THE PAST FEW YEARS. SPECIFICALLY, THIS IS OUR FIFTH OR INTENT FOR THIS TO BE OUR FIFTH DAYCARE DEVELOPMENT IN THE TWIN CITIES MARKET OVER THE PAST TWO YEARS. IN GENERAL, I THINK JASON AND STAFF DID A GREAT JOB OF PRESENTING OUR PROPOSED TEXT AMENDMENT. WE JUST WANT TO REITERATE THAT WE THINK THIS IS

[02:20:04]

PUTTING A NOTE IN THE RESOLUTION TO BE CLEAR THAT THAT IS WHAT'S GOING ON. IF THAT WERE THE CASE, MY GOAL IS NOT TO PICK WHICH IS BETTER THAN THE OTHER. MY GOAL SIMPLY IS TO AVOID FUTURE CONFUSION AND WITH THE AND WITH THE CANNABIS USE IN THAT SITUATION, THEN BECOME A LEGAL NONCONFORMING. I WOULD I WOULD IMAGINE IT WOULD BECAUSE THE THE BUFFER IS NOT THERE. BUT THEY DIDN'T THEY DIDN'T CAUSE IT. IT'S KIND OF THE RESULT OF OKAY, OTHER FACTORS IF I MAY CHAIR. AND PARDON MY INTERRUPTION, THIS SITE IS ONE OF THE FEW. SHOULD THE CONDITIONAL USE PERMIT THAT WAS CONSIDERED THIS EVENING BE APPROVED BY COUNCIL AT ITS COMING MEETING? THIS SITE WOULD BE ONE OF FEW IN OUR BUSINESS PARK DISTRICTS THAT IS STILL FURTHER THAN 1000FT FROM ALL OTHER CANNABIS APPROVALS THAT THE CITY HAS GRANTED, EITHER FOR LOW POTENCY OR RETAIL. AND PART OF THE REASONING FOR THAT IS THAT THREE PARCELS TO THE SOUTH OF THIS IS THE CHESTERTON ACADEMY OF THE SAINT CROIX VALLEY, AND SO THAT, WITH ITS SCHOOL BUFFER OF 1000FT, HAS MADE IT SO THAT ALL OF OUR OTHER CANNABIS APPROVALS TO DATE ARE FURTHER THAN 1000FT FROM THIS PARTICULAR DAYCARE SITE AS WELL. SO WHILE WE'RE CONSIDERING ONLY A TEXT AMENDMENT AND NOT THE SPECIFIC SITE AT 1365 CURVE CREST, AT WHICH A DAYCARE CUP IS LIKELY TO BE APPLIED FOR SHOULD THIS TEXT AMENDMENT PASS, WE DON'T FORESEE THE ABILITY FOR ANY OTHER CANNABIS USE. SHOULD IT BE PROPOSED TO PRECLUDE A DAYCARE AT THIS SITE EVEN THEN? OKAY, THE THE SCHOOL KIND OF HAS A PROTECTIVE UMBRELLA OVER THE SITE ANYWAY. OKAY, OKAY. SO DO WE HAVE. OH NO, WE AND WE HAVE OPEN AND CLOSED THE PUBLIC HEARING. IS THAT I JUST I'M I'M. YOU MADE ME YOU MADE ME DOUBT THAT TOO. SO I YOU'RE NOT THE ONLY ONE WHO'S LOSING TRACK OF THE DAY. OKAY. SO CONVERSATION

[02:25:09]

AND I KNOW THAT THIS WHOLE AREA IS. TO USE THE APPLICANT'S WORDS, A HODGEPODGE. BUT, YOU KNOW, I DO THINK THAT WE SHOULD BE MORE THOUGHTFUL ABOUT OUR AREAS OF TOWN WHERE INDUSTRIAL USES ARE PERMITTED, AND IT'S JUST BECOMING MORE AND MORE DIFFICULT, YOU KNOW, GIVEN PAST DECISIONS AND NOW FUTURE DECISIONS. SO THAT'S JUST GRATUITOUS DISCUSSION ON MY PART. BUT THAT WAS VERY SIMILAR TO WHAT I WAS GOING TO SAY ALONG THOSE ALONG THAT AS WELL.

ANY ANY FURTHER DISCUSSION. AND SO I'M, I'M KIND OF OF THAT SAME MIND THAT, YOU KNOW, WE'RE MAKING THIS KIND OF A HODGEPODGE THAT WE'VE KIND OF ARE ALLOWING ALL THESE OTHER THINGS INTO OUR INDUSTRIAL AREA, WHICH IS LIMITING THE SIZE AND LIMITING AND MAKING IT MUCH MORE DIFFICULT THAN, AS THE GENTLEMAN SPOKE ABOUT EARLIER, REALLY HAVING TO THREAD THE NEEDLE AS YOU'RE DOING ANY OF THESE DEVELOPMENT PROJECTS. AND, YOU KNOW, I DON'T KNOW THAT WE WANT, YOU KNOW, WANT TO BE A COMMUNITY LIKE THAT. YOU KNOW, AT THE SAME TIME, ALL THESE PEOPLE WHO ARE WORKING AT THE JOBS THAT WE ARE HOPING THAT WE GET IN THE INDUSTRIAL AREA, WELL, NOT ALL OF THEM, BUT MANY OF THEM WILL HAVE CHILDREN AND NEED DAYCARE. AND WHERE, YOU KNOW, AND IF IT'S CONVENIENT TO THE WHERE WE HAVE THE EMPLOYMENT, THERE'S A BENEFIT TO THAT AS WELL. AND SO THAT'S WHY I THINK IN, YOU KNOW, I WAS INITIALLY VERY CONCERNED. I WAS WORRIED ABOUT THE SETBACKS. I'M STILL WORRIED ABOUT IT FOR THE FOR THE CANNABIS THINGS. WE'RE MAKING IT THAT IT'S, YOU KNOW, WE'LL HAVE A FEW CANNABIS LOCATIONS, I SUSPECT WHEN WE GET A FEW YEARS OF. A FEW YEARS UNDER OUR BELTS, THAT IT MAY CHANGE WHERE THE LOCATIONS CAN BE. BUT, YOU KNOW, IF THAT'S REALLY THE ONLY THING AT THIS POINT THAT IS BEING LIMITED BY THE DAYCARE CENTER, I THINK THAT WE CAN THAT THIS MAKES A LITTLE MORE SENSE AND GIVES ME A LITTLE, LITTLE BETTER SECURITY ON THAT. SO ANY FURTHER DISCUSSION? SEEING NONE, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. THOSE OPPOSED. THAT MOTION CARRIES. YOU BET.

WE'LL SEE YOU PROBABLY IN A COUPLE OF MONTHS, THEN. SO THAT WAS NUMBER FOUR. SO NUMBER FIVE

[5. Case No. CD2025-058: Zoning Text Amendment to Allow Breweries to Sell Brand Specific Low-Potency Hemp Edible Products Manufactured Off-Site – (Staff Reviewer: Jason Zimmerman, 651-430-8821, jzimmerman@stillwatermn.gov)]

[02:30:01]

OKAY. THANK YOU. WITH THAT I WILL OPEN THE PUBLIC HEARING. ANYONE WISHING TO TESTIFY ON THIS ITEM, ANYONE, WHICH IS JUST THAT GUY SEEING NONE. HE WAS HERE FOR AN EARLIER ITEM.

SO I THINK WE'RE I THINK WE'RE PROBABLY OKAY HERE FOR THE ENTERTAINMENT. YES. WITH THAT, I WILL CLOSE THE PUBLIC HEARING COMMISSIONERS, DO WE HAVE A MOTION? I WOULD LIKE TO MOTION TO RECOMMEND APPROVAL FOR THE ATTACHED ORDINANCE. AN AMENDMENT TO SECTION 20 EIGHT, DASH TWO, 36 AND 28 390 REGARDING MANUFACTURE AND SALES OF LOWER POTENCY HEMP EDIBLES TO THE CITY COUNCIL WITH ONE AMENDMENT, THERE IS SOME AWKWARD LANGUAGE IF YOU WORK THROUGH THE RED LINES, IT CURRENTLY SAYS. IF I'M READING THE RED LINES CORRECTLY, THE BREWERIES AND DISTILLERIES MAY SELL ONLY LOWER POTENCY HEMP EDIBLE PRODUCTS THAT THEY MANUFACTURE ON THE PREMISES ARE. I'M READING IT AS IT'S READ, ARE LAWFULLY MANUFACTURED AND SOLD USING THE BRAND NAMES ASSOCIATED WITH THE BUSINESSES THERE. A RED LINE OUT THERE, THEY'RE CROSSING OUT THE THEY. YEAH. I THOUGHT WHEN I PUT THAT ALL TOGETHER OKAY. YEAH YEAH YEAH I WAS LOOKING AT THAT WRONG OKAY SO I AGREE I THINK IT IS I THINK IT'S AWKWARDLY WRITTEN EITHER WAY. IT IS I AGREE. SO HERE'S MY REWRITE FOR WHAT IT'S WORTH. AND IF YOU GUYS HATE IT YOU CAN KICK IT OUT. BREWERIES AND DISTILLERIES MAY SELL LOWER POTENCY HEMP EDIBLE PRODUCTS ONLY IF PRODUCTS ARE LAWFULLY MANUFACTURED AND SOLD USING BRAND NAMES ASSOCIATED WITH THEIR BUSINESS, WHETHER MANUFACTURED ON OR OFF THE PREMISES. I THINK THAT'S WHAT IT IT'S YOU'RE JUST ADDING A COUPLE OF WORDS IN THERE AND REMOVING A AWKWARD PLURAL THAT DOESN'T BELONG. BUT WHAT I THINK IS MISSING IS THAT OUR LAWFULLY MANUFACTURED BY THEM, I ACTUALLY, I ACTUALLY DON'T CARE IF IT'S MANUFACTURED BY THEM BECAUSE YOU'RE WORKING WITH A THIRD PARTY, RIGHT? NO. CHAIR AND COMMISSIONERS, THE ENTIRE RATIONALE BEHIND THIS AMENDMENT IS THAT. OF THE WE HAVE TWO BREWERS HERE IN TOWN, AND ONE OF THEM DOES NOT HAVE THE CAPACITY TO MANUFACTURE THIS THEMSELVES WITHIN OUR JURISDICTION. SO WE'RE GIVING THEM THE FLEXIBILITY TO MANUFACTURE, TO HAVE OTHERS MANUFACTURE LIFT BRIDGE PRODUCTS FOR LIFT BRIDGE. SO THE TEXT AMENDMENT WITH THE

[02:35:05]

BUT JUST AS LONG AS THEY'VE GOT THEIR LOGO ON IT, THEN THEY'D BE OKAY. I GUESS I CAN ADDRESS THAT. SO. THERE THERE IS A HANDFUL OF LICENSED MANUFACTURERS IN THE STATE.

RIGHT. SO WE'RE WE HAVE A RELATIONSHIP WITH FULTON BREWING IN MINNEAPOLIS THAT YOU'RE PROBABLY FAMILIAR WITH. SO THEY ARE OCM MANUFACTURER. THEY COMPLY WITH ALL THE RULES.

WE ARE YOU KNOW COMING TO THEM WITH WITH OUR RECIPE WITH WITH THE AND THE BRAND AND LOGO. SO THEY'RE THEY'RE NOT SELLING LIFT BRIDGE STUFF. WE ARE. THEY'RE JUST ACTING AS THAT PARTNER MANUFACTURER. WHILE WE RETAIN ALL OF THE RETAIL AND WHOLESALE LICENSES THROUGH OCM, THAT ALLOWS US TO BRING OUR LIFT BRIDGE BRANDED PRODUCTS BACK INTO OUR FACILITY. SO. YES, TECHNICALLY WE COULD GO TO SOME OTHER MANUFACTURERS AROUND THE STATE TO OUR LICENSE WITH OCM, BUT THERE'S THERE'S NOT VERY MANY. SO OKAY, I JUST MISUNDERSTOOD. I THOUGHT YOU WANTED TO MANUFACTURE OFF SITE. YOU'RE. NOPE. OKAY. WILL YOU DO CONTRACT BREWING AS WELL? YES.

AND IT GETS REALLY WE CAN GET IN THE WEEDS PRETTY QUICK ON ALTERNATING PROPRIETORSHIP VERSUS CONTRACT VERSUS ALTERNATING PREMISE, ETC. BUT IN BREWING, YES, WE WE TECHNICALLY HAVE KIND OF A IT'S MANUFACTURED BY US BECAUSE IT'S UNDER OUR LICENSE, WHICH WE CAN EXTEND TO OTHER MANUFACTURING CENTERS IN THE LOW POTENCY HEMP WORLD THROUGH OCM. THEY DON'T HAVE THAT SAME FUNCTION. SO THIS IS A DIFFERENT WAY TO DO IT. AND AGAIN, WE'RE WE'RE KIND OF OPERATING WITHIN ALL THE NEW RULES THAT THAT ARE NOW IN PLACE. AND YOU GUYS ARE TOO. SO WE'RE WE'RE IN THIS A LITTLE BIT TOGETHER, BUT WE'RE COMPLYING WITH ALL THOSE OCM REGULATIONS AND RULES TO BE ABLE TO DO WHAT WE'RE DESCRIBING IN THE AMENDMENT.

AND LIFT BRIDGE HAS BEEN A MODEL BUSINESS FOR US SINCE ALL OF US WERE JUST TOLD OUT OF NOWHERE THAT WE'RE GOING TO BE SELLING CANNABIS IN THE CITY. SO THANK YOU FOR WORKING WITH US AND OUR STAFF AND HELPING US FIGURE THESE THINGS OUT. THIS IS WHEN I READ THIS, MY ONLY CONCERN AND I DEFER IF, YOU KNOW, OUR CITY ATTORNEY HAS READ IT AND SHE'S WORKSHOPPED IT, I DEFER TO HER, BUT IS KIND OF THE GENERAL ISSUE RELATED TO IT'S WHAT IS THE USING BRAND NAMES ASSOCIATED WITH THEIR BUSINESSES IS REALLY BROAD. IS THERE ANY WAY WE COULD DO BRAND NAMES ASSOCIATED WITH THEIR LOCAL OR THEIR STILLWATER BUSINESSES? I COULD SEE IT.

LIFT BRIDGE. RIGHT. I KNOW THAT IT'S YOUR NAME. IT'S WHAT'S GOING ON THERE. BUT THIS APPLIES TO OTHER PEOPLE AND MAYBE THEY ARE, YOU KNOW, LET'S PICK ON FULTON. SAY FULTON DECIDES THEY ALSO ARE GOING TO HAVE THREE OTHER LARGE BUSINESSES THAT THEY ARE ALL TOGETHER AND ASSOCIATED. AND NOW WE HAVE 50 DIFFERENT BRAND NAMES ASSOCIATED THAT COULD BE, YOU KNOW, ALL THESE DIFFERENT VARIOUS TIES. I JUST WANTED A LITTLE BIT TIGHTER, IF THAT'S REALLY OUR GOAL, I THEN REFER TO OTHERS. BUT YEAH, THEN WE HAVE TO FIGURE OUT HOW TO DEFINE LOCAL. WELL, WE'RE GETTING INTO DEBATE NOW, BUT I COULD ALSO MAKE AN ARGUMENT TO GO THE OTHER WAY. I DON'T HAVE A PROBLEM WITH LIFT BRIDGE SELLING FULTON BRANDED STUFF. I DON'T THE BRAND'S NOT THE POINT FOR ME, RIGHT? IT'S THE RESPONSIBLE SALE AND MANUFACTURER, AND I THINK WE'VE GOT THAT PRETTY WELL COVERED AT THIS POINT BETWEEN OCM DOING A TON OF TESTING AND, YOU KNOW, RESPONSIBLE BUSINESSES KNOWING THAT WE'RE, YOU KNOW, HAVE SOME OVERSIGHT. SO IF ANYBODY WANTED TO MAKE A AMENDMENT TO STRIKE THE BRAND NAME, ONE OF THEIR, I COULD BE TALKED INTO IT UNLESS STAFF FEELS COMPLETELY DIFFERENTLY. TO BRING IT BACK TO A STAFF CONVERSATION INSTEAD OF US DEBATING. YEAH, THAT'S FOR YOU, MR. CHAIR. I WILL FALL BACK ON. THIS IS THE LANGUAGE THAT THE CITY ATTORNEY AND THE APPLICANT'S ATTORNEY WORKED OUT.

WE CAN CERTAINLY HAVE THEM REVIEW CERTAIN THINGS. I'D BE WARY OF INSERTING CHANGES. I THINK WE SHOULD. WE CAN CERTAINLY ASK TO HAVE THEM CONSIDER SOME CHANGES. AND WE CAN PASS ALONG SOME OF THE QUESTIONS THAT HAVE COME UP. THEY'RE MAKING HELPFUL RECOMMENDATIONS. AND I WAS JUST GOING TO SAY, AND THE PERSON WHO BROUGHT THAT UP IS GOING TO GET A SECOND BITE AT THIS APPLE. YEAH. SO YEAH, HE NEEDS A SECOND. BUT YES WE HAVE. SO, SO IF, IF I, IF I HEARD YOU CORRECTLY, YOU WERE SAYING RECOMMENDING APPROVAL TO THE CITY COUNCIL WITH NO AMENDMENTS, WITH NO AMENDMENTS. COOL. IS THERE A SECOND TO THAT MOTION? SECOND, WE HAVE A SECOND ON THAT. ANY FURTHER DISCUSSION ON THIS ITEM? GREAT. ALL THOSE IN

[02:40:08]

[6. Case No. CD2025-047: Variance to Lot Coverage in the R.B.: Two Family Residential District and Conditional Use Permit for Nursing Home at 211 Olive Street West and 308 4th Street South for Construction of an Assisted Living Facility – (Staff Reviewer: Johnny Menhennet, 651-430-8822, jmenhennet@stillwatermn.gov)]

AND MY UNDERSTANDING IS THAT THEY HAVE NOT COME FORWARD WITH ANYTHING FURTHER OR ANYTHING SUBSTANTIVE DOES NOT APPEAR THAT THEY'RE MOVING FORWARD. BUT IN ORDER TO. IN ORDER, IN ORDER TO TURN OFF THE CLOCK, WE HAVE TO OFFICIALLY DENY IF THAT'S THE DRUTHERS, UNLESS WE'VE SEEN ENOUGH THAT WE THINK THAT WE CAN APPROVE THEM. I MOVE THAT WE DENY MOVE. WE HAVE A MOTION FOR DENIAL. IS THERE A SECOND? SECOND? MOVED AND SECONDED. ALL THOSE IN FAVOR, DO WE DO WE STILL HAVE. WE STILL IS. QUORUM 4 OR 5, I FORGET WE'RE GOOD. OKAY OKAY OKAY. ALTHOUGH CAN WE JUST SAY ONE QUICK THING. YOU CAN SAY ONE QUICK. YES, I JUST WANT I JUST WANT TO APPRECIATE I THINK SECTION TWO OF FINDINGS AND RECOMMENDATIONS. I THINK STAFF DID A NICE JOB AT HIGHLIGHTING THAT EVEN WITH THE RECENT CHANGES. ET CETERA. ET CETERA.

AND SO I JUST WANT TO GIVE PROPS FOR REALLY CLARIFYING. IMPORTANT PRETTY MUCH A A LINE IN THE SAND ON WHY THIS ACTION IS BEING TAKEN. OKAY, WE HAVE A MOTION AND A SECOND I'M DENY ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. THOSE OPPOSED THAT. VARIANCE IS DENIED. WE HAVE NO NEW BUSINESS. THERE'S NO STAFF UPDATES LISTED. BUT I WAS WONDERING IF THERE WAS ANYTHING THAT YOU CAN SHARE WITH US ABOUT THE THE ITEM THAT WE APPROVED LAST MONTH THAT WENT TO HPC AFTERWARDS. I WAS GOING TO I SHOULD HAVE BROUGHT THAT UP SOONER SO THAT YOU COULD THE HOUSE AT 1824 FIRST STREET NORTH. I WAS GOING TO COMMENT ON SOMETHING DIFFERENT, SO I'LL LET. OKAY, OKAY. DO WE HAVE AN UPDATE ON THE ON THE 1824, 18, 24 THAT WENT TO THAT WENT TO HPC AFTER WE SAW IT? YES, CHAIR AND COMMISSIONERS, ON JANUARY 13TH, THE APPLICANTS WHO RECEIVED A VARIANCE TO LOT COVERAGE SUBMITTED AN APPLICATION FOR DESIGN REVIEW FOR HPC. WE RECEIVED A PARTIAL SUBMISSION, AND THEY'RE STILL WORKING ON COMMISSIONING FULL COLORED RENDERINGS AND ELEVATIONS CONSISTENT WITH THE SITE PLAN THAT WAS APPROVED IN THE VARIANCE. THEY HOPED TO BE HEARD BY HPC AT ITS FORTHCOMING FEBRUARY MEETING, BUT AT THIS TIME, THE APPLICATION IS NOT COMPLETE ENOUGH TO BE HEARD IN FEBRUARY, AND WE EXPECT THAT THEY'LL RECEIVE THEIR HPC REVIEW THE THIRD WEEK OF MARCH. OKAY, AND I WAS JUST GOING TO SAY, I'M NOT SURE IF EVERYONE GOT THE NEWS THAT PASSED ALONG, BUT WE ARE PLANNING.

ADMINISTRATIVE ASSISTANT ANGELA TOOK ANOTHER JOB AND SO SHE HAS LEFT. SADLY FOR US, WE'VE RECEIVED OVER 250 APPLICANTS FOR HER POSITION AND WE STILL HAVE TWO HOURS TO GO BEFORE IT CLOSES. SO YEAH, WE'LL BE REVIEWING THOSE AND HOPEFULLY BEFORE LONG WE'LL HAVE A NEW STAFF PERSON TO BE COMMUNICATING WITH YOU. OKAY, 250 WOW, WOW. SEEING NO FURTHER BUSINESS BEFORE THE COMMISSIO

* This transcript was compiled from uncorrected Closed Captioning.