Planning Commission - Regular Meeting

Good evening and welcome to this September 3rd meeting of the Bloomington Planning Commission. The Planning Commission advises the City Council on development proposals, development standards, long-range planning, and transportation issues. Some items before the Planning Commission are study items where we will not take formal action, and some items are public hearings where we will take formal action. We have three public hearings on the agenda tonight and no study items. During those public hearings, we do encourage the public to testify if they choose to do so. You can do so here in City Hall or by following the instructions on your screen now. On some items, the Planning Commission has final decision-making authority. On other items, we act in an advisory role to the City Council, and the City Council will have the final decision-making authority. The Planning Commission is made up of seven volunteer residents of Bloomington. Each commissioner has been appointed to serve a three-year term with a two-term limit. We have four commissioners here this evening, so we do have a quorum. Our first order of business this evening is the Pledge of Allegiance. Please stand if you are able. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. All right, jumping into the agenda. Our first item, 1.1, is a public hearing for a privately initiated city code amendment. Mr. Sherrard, would you please start the staff report?

Yes, good evening chair, commissioners. Tonight I will be presenting on a proudly initiated city code amendment to allow sports training as a permitted use in an FD2 zoning district. And to provide a background, the property will be located at 1321 American Boulevard East, which is currently the specific property is located, like I said, on American Boulevard, just west of Highway 77. It is approximately 8,000 square foot building. And the site has adequate access and off-street parking to accommodate such a use. The use in particular is going to be a dance studio, which is defined according to our definition as sports training facility. The activities of the dance studio would have different peak times than the office and warehouse operations that occur on site. In this image, I show gray shapes that show the parcels zoned as FD2. There are 10 parcels that are zoned FD2 in this district. The Freeway Development District is designed to accommodate SEARCHING USES THAT ALLARGE AN AREA AND SERVE A METROPOLITAN CLIENTEL. GIVEN THAT SPORTS TRAINING FACILITIES ARE ALLOWED IN THE CITY'S OTHER INDUSTRIAL ZONING DISTRICTS AND ARE FUNCTIONING WELL, STAFF DOES NOT HAVE ANY CONCERNS IN REGARDS TO MAKING THIS A PERMITTED USE. I DO WANT TO NOTE THAT IN ADDITION, WHEN IT COMES TO THE COMPREHENSIVE PLAN, MOST PROPERTIES WITHIN THE FD2 ZONING DISTRICTS ARE GUIDED FOR INDUSTRIAL OFFICE AND COMMUNITY COMMERCIAL. AND THIS PROPERTY IS GUIDED AS OFFICE. STAFF FINDS THAT A SPORTS TRAINING FACILITY IS COMPETITIVE WITH THESE COMPREHENSIVE PLAN DESIGNATIONS. And the definition of sports training facilities are provided out here. Basically, dance training studios falls within this definition. Moving forward, I wanted to show here that the colored parcels on this map are showing that the parcels which have allowances for sports training facilities in the city. Sports training facilities are viewed as having minimal nuisance concerns, and therefore staff feels comfortable adding this as a permitted use in the FD2 zoning district. IT SHOULD BE NOTED THAT THERE'S CURRENTLY A PROJECT ON THE 2026 PLAN AND COMMISSION WORK PLAN THAT WILL FURTHER STUDY DEFINITION STANDARDS AND USE ALLOWANCES FOR ALL INDOOR RECREATION USES IN THE ZONING CODE. UNDER DIFFERENT CIRCUMSTANCES, STAFF WOULD SUGGEST THAT WAITING UNTIL THE CONCLUSION OF THAT WOULD MAKE SENSE GIVEN THAT THE CO-CHANGES WOULD ALLOW THIS USE. HOWEVER, GIVEN THAT SPORTS TRAINING FACILITY IS ALREADY ALLOWED IN NEARLY ALL OTHER INDUSTRIAL ZONER DISTRICTS AND IS NOT PRESENTING ANY CHALLENGES TO DATE, STAFF IS COMFORTABLE PROCEEDING WITH THIS REQUEST IN ADVANCE OF THE CITY'S RELATED PROJECT. This is the recommendation. So staff is recommending this proposal. There's no specific findings that is needed to be met for this application, but staff finds that this change to be appropriate based on the intent of the FD2 zoning district. And it's therefore recommended approval due to the following motion on screen. And I'm available for questions as well as applicants.

Thank you, Mr. Sherrard. Any questions for staff? Commissioner Linnaeus.

thank you chair um one simple question on the in the materials we were provided ahead of the meeting it looks like it's in two different buildings correct are those two built wasn't clear to me if those two buildings are on the same parcel or if they're on different parcels um and how physically close they are to each other

YEAH, THE TWO BUILDINGS ARE LOCATED ON THE SAME PARCEL THAT APPLICANTS WILL BE USING THE LOWER PORTION OF THAT BUILDING.

THANK YOU. FOLLOW-UP QUESTION. BUT THE OFFICE SPACE THAT'S LISTED AS BEING IN BUILDING 1325?

THAT WOULD BE DISREGARDED, THAT IMAGE THERE.

OKAY. GOT IT. THANK YOU.

AND JUST SO EVERYTHING'S IN THE PUBLIC RECORD, COMMISSIONER

I WAS JUST NOTING THAT THE PLAN THAT WAS PROVIDED IN THE PACKET APPEARS TO BE A VACANCY PLAN PROVIDED BY THE LANDLORD SHOWING VACANT SPACES IN THAT BUILDING OR IN THE TWO BUILDINGS VERSUS THE ACTUAL SPACE TO BE OCCUPIED.

EXCELLENT.

GREAT. THANK YOU.

THANK YOU. YOU'RE WELCOME. WE CAN ASK THAT ONE FOR THE APPLICANT. ANY OTHER QUESTIONS FOR STAFF? OTHERWISE, I'VE GOT ONE. I'LL GO LAST. MR. SHERRARD, YOU MENTIONED THAT THE PARKING IS KIND OF A THAT THE TIMING OF PEAK PARKING IS COMPLEMENTARY TO THE OTHER USES OF THE BUILDING. WAS THERE ANY ANALYSIS DONE OF USE OF THIS SIZE BEING OVERPARKED, UNDERPARKED? JUST CURIOUS IF THAT CAME UP IN THE STAFF CONVERSATIONS.

YEAH, SO THE GENERAL PARKING ANALYSIS WAS DONE AND IT SHOWS ADEQUATE PARKING AND THEN WITH THE CONSIDERATION OF THERE BEING ORFP PARKING, IT'S JUST MADE SENSE AS A COMPLIMENTARY TO THE EXISTING USES. SO THERE'S NO CONFLICTING I SHOULD SAY STOCK OF PARKING WHEN THE APPLICANTS ARE BEING USING THE SPACE.

THANK YOU.

ANY OTHER QUESTIONS FOR STAFF?

Before we open the public hearing, Mr. Sherrod, I think you mentioned that the applicant is here. Yes. If you'd like to come forward now is a great time to tell us about your project and anything else that might not have been in the staff report.

Sure. Good evening, Commissioners, and thank you for your service. We own this building on American Boulevard. There are two buildings, as you see on the screen up there. Each of them is about 30,000 square feet. And as we are all aware, you know, the last few years have been very difficult for the office market. You know, we have had office tenants in here, but in the last few years, you know, they have been a little bit of a shift away from office. Now, this is a one-story building, both of them flex buildings, you know, high roof, you know. Most of the tenants are office, little bit warehouse at the back. So we have a potential tenant to move in as a dance studio. And I believe it's a perfect fit, both for the building and the neighborhood. So as we approach the city, we came to know that the FD zoning right now does not allow it. But the city is working towards that amendment, which will happen later in the year. And because we have a prospective tenant who wants to move into the property right now, so we initiated the city, what a technical term is. So, you know, as you can see, we have a vacancy there. There would be a dance studio which will go in, and there was a little bit of concern of the parking or a question about the parking. And because, you know, dance studios and all use parking a little bit in the evening and so forth, so I don't see any conflict. And also there is enough parking out there, and it's on American Boulevard, so it really doesn't impact anyone, you know, in the neighborhood and so forth.

EXCELLENT. THANK YOU SO MUCH. AND I APOLOGIZE. I WAS SUPPOSED TO SAY THIS WHEN YOU CAME UP. COULD YOU PLEASE STATE YOUR NAME?

SORRY. MY NAME IS ASHISH AGARWAL AND I LIVE IN PLEMET 16135, 55th AVENUE NORTH.

THANK YOU VERY MUCH. ARE THERE ANY QUESTIONS FOR THE APPLICANT?

THANK YOU FOR YOUR SERVICE.

ALL RIGHT. THIS ITEM IS A ONE MOMENT, SORRY, POINT OF ORDER QUESTION FOR STAFF. I'm so sorry to bring you back up. Would you mind signing in on the legal pad just so we have it for the record for the minutes? There's a yellow piece of paper up there if you could just write down. Apologies. No problem. All right. I'll now open the public hearing. If there's anyone here in chambers or online that wishes to testify about this item, please come forward. If there's no one in chambers, Ms. Brown, is there any? Oh, apologies. There's two microphones. Hopefully we can get you up here. And I won't mess this up this time. Please state your name for the record and remember to sign in when you're all done.

Well, hello, everyone. Thank you very much. I'm Steve Clough. My last name is C-L-O-U-G-H. And I'm Cindy Clough. And so just to introduce ourselves, we're the two people that would be buying the building. And we have a company called Just for Kicks, and that's the dance studio that would be here. And this is our director also.

Heather Daggett. Heather Daggett, D-A-G-G-E-T-T, and I live in Richfield.

Yeah. So anyways, we're very excited about this, and we're very excited about Bloomington. And Cindy and I have bought quite a few buildings. We have one in Medina, and we have one up in St. Michael, and St. Cloud, Brainerd.

Rosemount.

Yeah, Rosemount. So we're in quite a few locations. And we've had success where we are, and we feel that this will be very successful. And we would love to be in that location, so.

And Heather has worked in the Bloomington area. This is her 25th year, and she's been renting everywhere, three different buildings a week or four, and sometimes four classes going at a time. She has a great reputation and a great program for kids.

All right, excellent. Thank you for your comments. Please remember to sign in.

Thank you, guys. If you have any questions, we certainly can answer them, too, so.

All participants online are staff.

Thank you Ms. Brown. All right. Is there anyone else in chambers that would wish to testify? I have questions. Please come forward and state your name and we will answer questions at the end of the public hearing or seek further action from staff. Apologies it's a little bit of an unconventional public hearing this evening.

I just have a few questions. A lot but I'll leave the rest for the council meeting. Just out of curiosity. It would be a good addition to the area, but I just have a couple quick questions. Actually, my name is Victor Rivas.

Thank you.

I'll sign afterwards. This is more for the future owners than for the commission. Do you know approximately how many instructors or students will be able to use the facility at one time.

Council Member Rivas, can you speak into the microphone for the public record?

Yeah, sorry, my apologies. It was like Kevin here, I'm sorry, I apologize. It's kind of, I'm in the wrong place right now, but anyway, my question is, do you have an idea how many students or instructors will be at one point in the facility, and also if in the future you will hold tournaments in there? That's the question.

Council Member Rivas will collect all the questions during the public hearing and seek clarity from the applicant.

I'll just do another question quick just for information. I heard that a parking study has been taking place already. After reading all the ordinances and stuff, I'm concerned about the freeway. The freeway, the state specific states that the traffic, any location going in that area, if it affects the traffic going onto the freeway, if the ramp in any ways, or ramps accessing the freeway, are affected by the traffic in the area that could be considered a negative for a building of this type. So I'm just curious, and if that answer is not available right now, it can be given at a different time. But that was just because I had the time to study the agenda and all the ordinance that went along with it. But that's all I got. Thank you. And my apologies for getting all confused here.

THANK YOU SO MUCH. I'M NOT SURE IF I'M SUPPOSED TO CALL YOU MR. OR COUNCILMEMBER RIVAS. IS THERE ANYONE ELSE IN CHAMBERS THAT WOULD WISH TO TESTIFY? OTHERWISE, WE'LL START ADDRESSING QUESTIONS AT THE ADJOURNMENT OF THE PUBLIC HEARING. MS. BROWN, IS EVERYONE ONLINE STILL STAFF?

YES.

I WOULD LOOK FOR A MOTION TO CLOSE PUBLIC HEARING.

SO MOVED.

We have a motion by Commissioner Coleman and a second by Commissioner Lanai to close the public hearing. Any further discussion? All those in favor say aye. Aye. Opposed? Motion passes 5-0. All right. Apologies for not laying the ground rules for the public hearing. Thank you all for bearing with me. All right. A couple of questions that came up during the... PUBLIC HEARING, WOULD ANYONE LIKE TO ADDRESS THOSE WITH STAFF? COMMISSIONER LENETTE?

THANK YOU, CHAIR. I'M HAPPY TO. THIS IS PROBABLY BEST FOR THE APPLICANT, BUT IF WE COULD GET A LITTLE BIT MORE, SO IF WE COULD ASK THE APPLICANT TO COME BACK UP. AND ACTUALLY, IT MIGHT BE THE FUTURE TENANT THAT WOULD BE BETTER POSITIONED TO ANSWER THE QUESTION. If we could get some answers on what exactly the number of lessons, recitals, how large the classes are, things like that, I think that would be helpful.

I was doing the numbers in my head. I think our largest hour, we'd maybe have 60 in three different classes, 60 total. And our smallest would be 20. in an hour, like in, again, a couple different classes, but that would be combined, does that make sense? That answers the question.

Any further questions, Commissioner?

I'm guessing they got to be over 200 parking, 200 to 250 parking spots at the property.

Which is significant, so.

And there was a question about freeway. The nice thing about is that the property has access to two freeways, 77 on the east side and 494 on the north side. And American Boulevard is a very kind of heavily trafficked street. It's with all the hotels and everything. So just having a dance studio is not going to impact traffic by any means.

excellent thank you very much commissioner Coleman planning supervisor Kasten day

yeah thank you chair um just to provide you know just a little bit of additional comments from staff related to the parking so um you know the this use will still have to meet the minimum requirements and code so you know if if you're approving this or recommending approval and it would get adopted you know that's kind of the first layer or level of even allowing this use in the building they would need a building permit to do the the build out and during like that building permit review you know then you're there's additional kind of looking at minimum parking requirements, making sure it meets those standards, you know, other things that might apply to that building, like landscaping or those things too. So just to kind of be mindful of that, like on the use, it still has to meet the minimum parking requirement for the site, or they'd have to seek some kind of flexibility that would require some other kind of approval or potentially going back before commission or council. So just wanted to have folks kind of keep that in mind too, to the parking questions.

Excellent. Thank you, Planning Supervisor Kastenday. Commissioner Coleman?

Yes. So you said that you have other similar businesses in the area. How often are parents parking and staying versus dropping their kids off and coming back?

Do you have any idea? Well, yeah, definitely. They may, Cindy might have more ideas, but one of the things that I thought I would share with you is the fact that he had indicated there's 250 spots. So for instance, when we built most of our spaces, the majority of the parking spots that we typically have is 80 spots. So this is way more significant than what are other ones. Medina, the building we have there, if any of you ever seen that, I believe we have less than the 80 parking spots there. It's probably more like 60 spots. And so it does work out And doesn't I don't think we'd have any issues with 250 spots there.

So One thing I would like to add and the commissioners need to think that if a tenant like this Which is such a great addition to the neighborhood, you know can go into buildings like these which have enough parking right on the highly trafficked street, where will they go? Where would the kids go? If you wanna take your kids for a dance class, where should they go? That's my question, right? We can get into the nits and the grassroot as much as we want, right? But the bigger question is, these are the perfect properties, perfect location for this kind of a business. If they can go in there, where?

Oftentimes what else what in Sydney could could maybe say something about this too But oftentimes when the parents will drop the kids off to their dance programs, they'll go shopping, you know they'll go grocery shopping or clothes shopping whatever they might do and And that's what usually also takes place in the different locations Thank you.

Does that answer your question Commissioner Coleman perfect? Assistant City Attorney Toski. I see you have your hand raised. I

Yep, hi there. Good evening, Commissioner, Chair and Commissioners. Just kind of grounding you in what decision you're making here. It's about whether this use should be a permitted use in the zoning district. Now, like Mr. Kasson, they just said a few minutes ago, whether they can meet the parking requirements and all that, that comes at a later date. That has to be evaluated by planning staff. What you're doing tonight is just making a decision in the fd2 district is a Sports training facility compatible with other uses in that district such that it would be a permitted use For other people that wanted to come in and have the same use so kind of that nitty-gritty parking counts and stuff planning staff will evaluate that As the use gets established show just kind of adding some color there. Thanks. I

Much appreciated, Mr. Toski. With that said, any other questions for staff or the applicant? Commissioner Coleman.

Yeah, could we see the map of the other districts that this use is currently allowed in? Mr. Sherrard, could you bring us back to that slide, please?

Thank you. COMMISSIONER COLEMAN, ANY?

I MEAN, WHEN I LOOK AT THE MAP. YEAH, YEAH. SORRY. NOT A QUESTION.

ALL RIGHT. PERFECT. ALL RIGHT. SEEING NONE, I WOULD OPEN THE FLOOR FOR SOME DISCUSSION. COMMISSIONER COLEMAN.

Yeah, thank you. You asked me to continue and I started to continue. When I look at the map, the other districts that it is allowed in, especially when I look at like TI and C3, those are a lot closer to what at least this building is, we know for sure. Some of the other buildings around there are much more of a, are like an industrial context. But the fact that sports training facility is is permitted with no restrictions in those other industrial and retail districts really suggests that if there was an issue with something like FD2 then we probably would know it already.

Commissioner Summers.

Thank you chair. I think for me I'm anchoring my support of this that the facilities that we have in Bloomington, Mr. Sherrard said, operate well. So we don't have a history of a lot of complaints with this use and it's compatible with the comprehensive plan. That being said, as a District 4 resident, I drive up and down this part of American Boulevard heading to work every day, but also one thing I've noticed because I head towards Zawadi Center is that there are some traffic things that are kind of funny right there. So to have a lot of cars coming in and out of another parking lot when the complex that has the Wadi Center has a lot of cars coming in and out and that causes some traffic confusion. I would ask the staff to be really aware when you're reviewing applications. Overall, I think that This is near to a lot of housing, so offering an amenity like this that is geared for youth and families, I feel really in support of, and reimagining some of these office spaces means bending a little bit of what we think should go in there, but so I am IN SUPPORT AND I THINK I JUST WANT STAFF TO BE REALLY CAUTIONED ABOUT PARKING AND ESPECIALLY TRAFFIC ON AMERICAN BOULEVARD RIGHT THERE BECAUSE 60 YOUTH IN AN HOUR IS A LOT OF CARS. NOT THAT THEY'RE DRIVING THE CARS.

ANY OTHER DISCUSSION? OTHERWISE, I WOULD ENTERTAIN A MOTION. And Mr. Sherrard, if you could put it back on the screen.

Oh, my screen's not working anyway.

All right. Commissioner Linnaeus.

I move to recommend the City Council adopt an ordinance designating sports facility as a permitted use in the FD2 Freeway Development Zoning District, thereby amending Chapter 21 of the City Code.

SECOND. WE HAVE A MOTION AND A SECOND TO APPROVE THE MOTION IN FRONT OF US. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR PLEASE SAY AYE. AYE. OPPOSED? MOTION PASSES 5-0. THANK YOU ALL FOR BEING HERE AND BEARING WITH ME THROUGH THE PUBLIC HEARING. ITEM 1.2 THIS EVENING IS ANOTHER PUBLIC HEARING. OUR ANNUAL MISCELLANEOUS ordinances cleanup. Ms. Hesbeck, I believe you have the staff report.

Good evening. Yes, I do. I have to make sure I have the correct one up. There we go. Yes so tonight we are talking about our annual miscellaneous issues project and so this year we decided to split this project into two so I'll first be talking about just the items that are easier cleanup items and then after this I'll talk about policy change items. So for those of you who haven't gone through this before, what is miscellaneous issues? It is that every year staff brings forward this project to address smaller zoning code changes that don't warrant separate projects on the planning commission work plan. These include cleanup items such as correcting errors or improving clarity and minor policy updates that make small scale changes or clarify existing policy. IN 2026, STAFF IDENTIFIED 16 CLEANUP ITEMS AND FIVE MINOR POLICY UPDATES. THIS YEAR, LIKE I SAID, WE'VE SEPARATED THESE INTO TWO CASES AND THEN THE ITEM BEFORE YOU RIGHT NOW IS SPECIFICALLY FOCUSING ON THE 16 CLEANUP ITEMS. So as far as the timeline goes, Planning Supervisor Castenday took just the minor policy items to study session in June to Planning Commission and City Council. And then the proposed public hearing at City Council is September 28th. This slide shows a list of all the cleanup items. So I'm not gonna go through each of these individually, but I'm gonna just provide a few examples. And then I do have each ordinance as an extra slide if there's a specific question about one that I don't go through. THE FIRST EXAMPLE IS A CLEANUP ITEM THAT ADDRESSES LANGUAGE THAT WAS NOT FULLY UPDATED WHEN THE CORNER LOT ORDINANCE WAS RECENTLY ADOPTED. SOME OUTDATED REFERENCES REMAIN IN THE ZONING CODE. THIS AMENDMENT WOULD UPDATE THOSE REFERENCES TO BE CONSISTENT WITH THE NEW CORNER LOT DEFINITIONS INCLUDING SIDE STREET YARD AND SIDE STREET LOT LINE. The second example I'll show is related to the recent missing middle housing project. The zoning code includes residential occupancy standards stating that only one family may occupy a dwelling unit but those standards were not updated to account for the new missing middle housing types. This amendment would add the recently adopted housing types to the residential occupancy requirements for clarification. And then the last example I'll show is related to again the recent hotel airport parking item. The recent ordinance established that hotel airport parking should not be a conditional use in a few different zoning districts. So this amendment would remove hotel airport parking from the conditional use list in the CR1, CS05, and CES 1 districts to make the code consistent with the recently adopted standards. So with that the motion is on the screen and I'm available for questions and then like I mentioned earlier I have slides for each cleanup item if there's a question about one that I didn't go through.

Thank you Ms. Hespec. Is there any questions for staff? Commissioner Munster.

Thank you, Mr. Chairman. A question on ordinance A. Question on ordinance A. I don't see a copy of that ordinance in our packet. BUT ALSO WHY IS SICK LEAVE COMING BEFORE US? I'M JUST CONFUSED.

CHAIR, COMMISSIONER MUNSTER, THANK YOU FOR THAT QUESTION. ACTUALLY ORDINANCES A AND B ARE, YEAH, THE PLANNING COMMISSION ISN'T ACTUALLY RECOMMENDING APPROVAL FOR THOSE. THAT IS GOING TO BE APPROVED BY THE CITY COUNCIL. WE JUST PUT THEM IN THERE TO GO ALONG WITH THE OTHER ONES. BUT, YEAH, GOOD POINT.

Is it safe to assume that, and maybe Mr. Tosky can weigh in on this, that we should, our recommendation this evening should exclude A and B similar to excluding K on this list?

Chair, I will let Kevin Tosky weigh in on that.

I was aware that there's the, um, sorry, chair commissioners, the, the ordinance to delete the reference to earn sick and safe leave. What other one was to be excluded?

Uh, sheep, not goats.

Okay. Yeah. That one. So whatever those are, yeah, whatever, um, letters, those ordinances are just remove those from the motion if you can. because you're not making a recommendation. Those basically will go right to council, because the Planning Commission does not need to recommend anything on those.

Could you guys make a note to please omit A and B from this recommendation? And K, but it's already correct on screen. Planning Supervisor Kasten, any additional color?

Yeah, thank you chair. And just for commissioners. Yeah, the reason that they're here is just because we have this process. Sometimes other divisions or departments have these small tweaks and they don't have a similar process. So we then kind of take on that. work to use this process to help other folks with some relatively minor changes and just from our perspective it's just easier to like copy paste into both reports more from a staff efficiency standpoint but take Mr. Tosky's point in the motion you can not consider A and B but just for some additional context of why it was in the packet.

Thank you. Any additional questions for staff? Commissioner Munster.

I feel bad asking now, but I did have a question about the sheep. And it's honestly just a logistics question. Where do these sheep and goats come from? Are these like leased to do this land maintenance for the city or are they the city's livestock?

Chair, Commissioner Munster, I believe they're leased. We did get some information ahead of time about this. I can't remember the particulars of that part, but I don't think we own them.

Yeah. the chair commissioners that I've, I help out with reviewing the contracts for those. So there are, there are companies that do that. There's a few of them, um, that are pretty popular. Um, and they, yeah, they lease out sheeps or sheep and goats to, um, private property owners and public landowners to remove buckthorn and other invasives. So, um, cities use them, I think a couple of different times. And then I don't know if we have any private landowners using them. Um, right now we've heard proposals for some, but, Don't know how many it requires a license to so I don't know how many license it was the city's issued on for private landowners, but Just I don't know why I know all that but I do Thank you.

Mr. Tusky any further questions for staff All right. This item is a public hearing so I would invite anyone Oh, excuse me before we open public hearing at Commissioner Coleman. Could we actually talk about ordinance?

Oh I was curious about staff's thoughts about this. I understand that if it's currently not allowed in multifamily, unless it's the entire structure, it makes sense to try to extend that to the other types. But when I think of, was Stack Flats one of the ones that was approved in missing middle? Because I could see maybe a way that you could do like a bottom floor or something like that in terms of, I understand that it being very close to residential is a common issue with residents, but I was just curious about the thinking about that. Planning Supervisor Castenday?

Yeah, Chair Cunningham, Commissioner Coleman. Yeah, some of this probably more relates to some of the state requirements, and I don't know all of them, but I know on some of the licensing, there might be limits on when you can occupy only like a part of a building. And so in this case, because that's been our approach for multifamily dwellings, so anything with two or more units, if someone wanted to provide a residential care facility facility, It would have to occupy the entire structure. It couldn't be split to have some units part of residential care and then some where they're just rented units that people are living. So for the purposes of this, we just wanted to include the new dwelling types that were adopted as missing middle to follow that same standard and not change the policy. So that was kind of the main direction there, but I think some of it might have to also do with state licensing requirements if they allow a building to be split like that or not.

And attached townhomes and detached townhomes are not on that list. Is there any similar situation in occupying, say, only two of an attached townhome building?

Yeah, Chair and Commissioner. Yeah, I guess that's a fair point on the attached townhouses. In this case, if someone wanted to occupy that, I guess it's not explicitly listed here. We could definitely add that if that was something you'd want to recommend. We can certainly add that. I think the detached townhouses were likely... not included on this list just given um they are a single structure pretty much like a single family home just typically on a smaller lot but if you would want that listed there too you could certainly make that recommendation and we could add that pretty easily commissioner coleman did you have any follow-up on that uh

I'M NOT SUPER WELL-VERSED ON RESIDENTIAL CARE FACILITIES, SO I DON'T KNOW IF I'LL THINK ABOUT IT.

AND PERHAPS WE CAN LOOK AT PUTTING IT ONTO THE 2027 WORK PLAN. THE NEXT ONE, YEAH.

ALL RIGHT. EXCELLENT. ANY OTHER QUESTIONS FOR STAFF?

ALL RIGHT. ITEM 1.2 THIS EVENING IS A PUBLIC HEARING. I'M GOING TO GO AHEAD AND OPEN THAT UP NOW. IF THERE'S ANYONE HERE IN CHAMBERS THAT WOULD LIKE TO TESTIFY ON THIS ITEM, PLEASE COME FORWARD AND STATE YOUR NAME. Seeing no one coming forward I ask Ms. Brown is there anyone online?

All participants online are staff.

Thank you. I would entertain a motion to close the public hearing seeing no one coming forward. So moved. WE HAVE A MOTION BY COMMISSIONER MUNSTER AND A SECOND BY COMMISSIONER LENAY TO CLOSE THE PUBLIC HEARING. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR PLEASE SAY AYE. AYE. OPPOSED? MOTION CARRIES 5-0. DISCUSSIONS, ANY FURTHER QUESTIONS FROM OUR RIBBETING PUBLIC HEARING? ANY THOUGHTS, OPINIONS, THINGS ALONG THOSE LINES ABOUT THIS? COMMISSIONER LENAY.

I'LL JUST GET US STARTED BY SAYING I HAVE NO CONCERNS. YEAH, NO CONCERNS OR QUESTIONS.

COMMISSIONER MUNSTER.

I'LL ECHO THAT. NO CONCERNS OR QUESTIONS. I WILL VOICE MY SUPPORT FOR THE SHEEP EVEN THOUGH WE DON'T TECHNICALLY HAVE AN OFFICIAL OPINION.

THAT IS NOW INCLUDED IN THE RECORD. ALL RIGHT. RECOMMENDATION FROM STAFF IS IN FRONT OF US. PLEASE NOTE THAT ORDINANCES A AND B AND K ARE TO BE OMITTED. AND WITH THAT, IF THERE'S NO FURTHER DISCUSSION, I WOULD ENTERTAIN A MOTION. COMMISSIONER LENET.

I move to recommend adopting ordinances C through J and ordinances L through Q as included in the meeting packet, thereby amending chapters 1, 14, 15, 21 of the city code.

Second.

We have a motion and a second for the item before us to recommend approval for the item in front of us. Any further discussion? All those in favor please say aye. Aye. Opposed? Motion passes 5-0. I forgot to do this on the last one but that item is a recommendation to City Council by the Planning Commission and that will be on the City Council agenda. is a public hearing on September 28th of 2026. That meeting starts at 6.30 p.m. in council chambers. You can testify here or online for those as well. I will move us along to item 1.3, which is the second part of item 1.2, which is the miscellaneous issues ordinance minor policy updates. And Ms. Hesbeck, I believe you have the staff report for this as well.

Yes, Chair, thank you. Yeah, so moving on to part two, some of the meatier stuff, kind of. So like I mentioned in the last presentation, Planning Supervisor Castenday did bring these items to the Planning Commission and Council in June for a study session. After the study session, one item was removed and is not under consideration. And then for these, I will go through each of the five items on the next slides. Ordinance R addresses odor mitigation for cannabis businesses. Staff have consistently added odor mitigation as a condition of approval for cannabis facilities near residential uses, similar to the approach we use for restaurants. This amendment would establish that requirement directly in the zoning code for cannabis cultivation, manufacturing, and combination businesses located within 150 feet of residential property. This creates a clear and consistent standard for applicants and decision makers. Staff would also continue to include odor mitigation as a condition of future conditional use permits as an additional requirement about compliance. ordinance S is adding a use and definition for car detailing businesses which are currently classified as car washes under the zoning code. Because car washes are limited to certain locations this has prevented some lower impact car detailing businesses from operating in districts that make sense for them. This amendment would create a separate car detailing use and update the car wash definition to distinguish between the two. Car detailing would be permitted in the B2, I1, I2, and I3 districts, while the more intensive car wash use would continue to be regulated separately. The map on the screen shows the proposed districts in dark blue and pink where car detailing would be permitted. Ordinance T addresses tree preservation requirements for missing middle housing. The recent ordinance created new housing types, but it was unclear whether the existing tree preservation standards would apply to those housing types. This amendment clarifies that all new residential plots, including those with three-family detached town homes and cottage court dwellings, and the R1, R1A and RS1 zoning districts must follow the city's tree preservation standards. This is consistent with feedback from the Planning Commission and City Council that missing middle housing and single-family districts should meet the same standards as single-family homes. Ordinance U addresses trailer parking standards. The recent commercial vehicle ordinance changed the regulations to require all trailers to be parked on a legal driveway or off-drive parking area. Staff has found this to be unnecessarily restrictive, specifically because RVs can still be parked on grass inside in rear yards when setback requirements are met. Environmental health staff agrees that this amendment should be restored to the previous standard, allowing trailers to be parked on grass inside in rear yards when they meet the required five foot setback. Trailers in front yards would still need to be parked on a legal driveway and could extend no more than eight feet in front of the house. Ordinance B addresses rezoning application requirements. The City Council and Planning Commission have more discretion when reviewing rezonings than other land use applications but the zoning code currently provides limited guidance on what applicants need to submit. This amendment would clarify the minimum application materials for rezoning including assigned application, application fee, project description and site and building plans and these are similar requirements as to what we have for other applications. With that, I have the recommendation on the screen and am available for questions.

Thank you, Ms. Hesbeck. Any questions for staff? Commissioner Linnaeus.

THANK YOU, CHAIR. ACTUALLY, QUESTION AND COMMENT. FIRST OFF, KUDOS ON THE ODOR MITIGATION RECOMMENDATION. I FEEL LIKE WE'VE HAD THAT CONVERSATION OVER AND OVER AGAIN SO THAT'S GREAT. CAR DETAILING. HOW WATER INTENSIVE IS CAR DETAILING? RECOGNIZING THE CAR WASHES ARE OBVIOUSLY EXTREMELY WATER INTENSIVE AND ARE THERE ANY CONCERNS ABOUT RUNOFF AND OR KIND OF IMPACTS ON STORM SEWERS AND THINGS LIKE THAT?

Chair, Commissioner Lanai, that is a good question. So I think the intent and why this was brought up is because staff who wrote this and researched this believes that they are potentially less water intensive than car washes where In a car wash, you're going through multiple cycles of water, I think, or you're spraying the hose yourself. So while car detailing may also include some water and some runoff, I think staff still views it as less intensive and okay to be in the zoning districts we're proposing.

Thank you.

Planning Supervisor Castenday?

Sorry, just one additional thing to what Planner Hesbach had mentioned. During like a building permit review and stuff too, we would have staff kind of reviewing that and making sure there were floor drains or potential impacts into the water and sanitary sewer system too would go through that review. I don't know offhand what specific requirements may be needed to retrofit a space, but I know that would be part of the review on those uses too. So good question.

Excellent. Any other questions for staff? Commissioner Munster?

Just to follow up to that, Mr. Castenday, it would be essentially the same performance standards that detailing would have to meet as a car wash, right? Generally. Maybe not specific, you know, exact, but they'd still have to deal with oil-water separation and things like that. Okay.

That was a correct from... Planning Supervisor Cash today. All right. Any other questions? All right. With that, this item is also a public hearing, so I'll go ahead and open that up now. Is there anyone in chambers that wishes to testify on this item? Seeing no one coming forward, Ms. Brown, is there anyone online?

All participants online are staff.

Hearing that, I would entertain a motion to close the public hearing.

So moved.

We have a motion and a second to close the public hearing for item 1.3 this evening. Any further discussion? All those in favor say aye. Aye. Opposed? Motion carries 5-0. Moving into discussion, I'll lead us off. I think these are all very straightforward. I was under the impression that it might, even for the car detailing thing, my understanding is that it's a slower process, so there's less water use because there's less cars going through a day, even if they use the same amount of water to clean a car as a commercial car wash. Um, my understanding, you know, not backed by anything, uh, just me doing it in my driveway versus, uh, how long it takes to go to like a local business, uh, over by 90th and Lindale's my favorite.

Um, anyway, uh, moving on, um, the cannabis, uh,

distancing for odor mitigation, I think is great. I think it's good to have things in code for applicants to see versus having it be a condition of approval. I think that that makes us more business friendly and levels the playing field, takes away some of that discretion. So I'm in favor of all of these, but I just wanted to highlight those two. Any further discussion? Seeing none, I would entertain a motion. Commissioner Lanai.

I move to recommend adopting ordinances R through V as included in the meeting packet, thereby amending chapter 10 and 12 of the, 10 and 21 of the city code.

Second.

We have a motion and a second recommending approval of item 1.3 this evening. Any further discussion? All those in favor, please say aye. Aye. Opposed? That motion passes 5-0. That is a recommendation of the Planning Commission and that item will be heard on the September 28th, 2026 city council meeting for final decision at 6.30 PM at city council chambers. Moving on to item 2.1, I have a quick point of order question for planning supervisor Castenday. Of our five attending commissioners, two of us were not here. And in the past, when we've had light attendance at these meetings, we've still approved minutes. Can you confirm that that's something we can do this evening?

Yeah, Chair Cunningham, good clarification. So yeah, with five members present, you need at least three people to pass a motion. So you should be okay.

Excellent. Well, then I will move us on to item 2.1, which is considering the approval of the draft Planning Commission meeting synopsis from August 20th, in which Commissioner Munster and I were both absent. Commissioner Linnaeus.

I move that we approve the August 20th, 2026 Planning Commission meeting synopsis. I second.

We have a motion and a second to approve the draft Planning Commission meeting synopsis from August 20th, 2026. Any further discussion? All those in favor, please say aye. Aye. Opposed? Abstain? Abstain. That motion passes 3-0 with two abstinations from Commissioner Munster and Cunningham. MOVING ON TO ITEM 4.1 THIS EVENING. IT'S OUR WEEKLY PLANNING DEPARTMENT, PLANNING COMMISSION POLICIES AND ISSUES UPDATE. MR. CASADAY, PLEASE LEAD US OFF.

THANK YOU, CHAIR CUNNINGHAM AND PLANNING COMMISSION. Our upcoming meetings, our next meeting is on September 17th. So we currently have two public hearings for that meeting. The first is a public street name change for a portion of Hopkins Road to Mission Road. And then we have a public hearing on the off-street parking requirements ordinance. Then we had study sessions on that earlier this spring. And then on October 1st, we currently have two items. One is a public hearing for a conditional use permit for remote airport parking at 3601 American Boulevard East. And then we'd have a study session that would review the sports training health clubs and indoor recreational facility uses. That was kind of previewed a little bit on the item 1.1 today, but we'll have a study session to kind of explore what staff has been looking at for those uses. And then just a couple housekeeping announcement things that Nick just wanted to remind you. We have the APA State Conference October 21st through the 23rd in Mankato, Minnesota. So if you're interested in attending and you haven't already done so, just let Nick and Shante know and we'll help you with that. And then there is a Board and Commissions Connect on September 21st from 6 to 8 p.m. in Rehearsal Hall here in Civic Plaza. So it's kind of strongly encouraged that at least the chair and vice chair of each board and commission attend. And then any other interested commissioners are also welcome to attend. I believe there is a dinner and some updates from the city manager and the council, and then there's an opportunity to provide a few updates to the council. I think they were saying like one to two minute updates, so nothing too intense, but just kind of giving an update on planning commission work to the council.

Thank you for that update. This is an opportunity for commissioners to bring up any items that weren't discussed this evening. Seeing none of those, does anyone have any questions for staff from Mr. Castenday's remarks? Commissioner Summers.

Thank you, Chair. Mr. Castenday, since we have you here, do you have any updates on how, because you're the project director of the comprehensive plan, do you have any project updates you'd like us to know or how are things going?

Yeah, thank you, Commissioner Summers. Yeah, so we have been working through the Bloomington 2050 Comprehensive Plan. We just kind of wrapped up our first kind of externally facing engagement in phase one. And now we'll actually be doing some kind of internal engagement work with boards and commissions in October. So we'll have a more formal presentation for you all at the end of October. And we'll also be going to all the other seven or eight boards and commissions kind of for an update and opportunity for input. So we'll have some updates there around the feedback that we've heard in phase one and kind of present our draft kind of value statements and guiding principles for that would kind of provide the overall framework for all of the chapters of the comprehensive plan. So you all have an opportunity to provide some further input to that. And then, yeah, lots more. So there's kind of a pause on some of the external engagement right now. And then probably our goal is by January of 2027. And then kind of throughout that year, there'll be a lot more externally facing public engagement too.

Thank you for that update on the 2050 comprehensive plan. Always exciting for us planning nerds. Any other questions for staff discussion? All right. Well, with that, I will bring this September 3rd, 2026 meeting of the Bloomington Planning Commission to a close. Good night.