I'd like to call to order the planning commission meeting for Thursday, July 16th. Please stand for the pledge of allegiance. 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. >> Mr. Behringer, will you take roll call, please? >> Commissioner No. Commissioner Knoblock >> here. >> Commissioner Treml, >> here. Chair Smokeoky >> here. >> Commissioner Casey >> uh here.
>> Commissioner Ronak here. Commissioner Kendall >> here. >> All right. So then the first item we need to adopt this evening's agenda. Do I have a motion? >> I would move that we adopt this evening's agenda. >> Second.
>> I have a first by Casey, a second by Treml. Any discussion or changes? Hearing none. The motion passes. Uh, next we need approval of the minutes from the June 18th, 2026 meeting.
>> I move to approve the minutes from the June 18th, 2026 meeting. >> We have a first by Kendall. Do I have a second? >> I'll second. >> Any changes, any conversation, any anything to bring up? Okay, hearing
none. Um, that motion passes. And so that will bring us to our first uh public hearing item, planning case 26-23, which is a use and dimensional flexibility for a K through8 school at the family center mall. Uh, 2891
Rapids LLC. Um, I believe I it's missing the other part of this capitals. I apologize. Part of the name is excluded. So, I'll get that for you. Okay. Mr. Behinger, >> Madam Chair, members of the commission,
I have before you uh planning case 26-23, a request for use flexibility for the um Star of the North Academy to be located at the Family Center Mall. Starting with the um site, this is a
site that contains a 1960s indoor mall building. Um the site is 14.17 acres large zoned port campus square where schools are not a permitted use. Um the site is guided residential mixed use but
it is within our river rapids overlay district which does allow um for use flexibility. So moving on to the proposal here. This is an image of the existing floor plan of the building. The Anoka Henipin School District um has
recently left the building, which is the blue space there, the northeast portion of the building, which is approximately 52,000 square ft. The applicant is proposing that the Star of the North Academy move its Rapids and East Bethl locations to this mall. Um that
would encompass 360 students with plans to expand that to 550 by year 2029. Um they employ 50 staff and have operating hours Monday through Friday from 7:00 a.m. to 5:00 pm. Also submitted in the applicant's um
floor plan was the um area shown for a mosque and associated uh event and office spaces. Um in the lower right portion of the the image there, the yellow area. Um just to be clear, those are not part of this use flexibility
request tonight. The mall has a large um parking area with multiple access points to that parking lot. Um we feel that it's um adequate for bus and vehicle traffic. Um as shown here, the applicant um
shows buses arriving from 113th Avenue and Rapids Boulevard and then departing um in red from onto 113th Avenue and Crooked Lake Boulevard. Also shown here are the buses stacking along the northern and eastern walls of the
building um for drop off and and pickup. The applicant has proposed um the following requests or the following site improvements here within the next two years. Um they plan to paint the exterior of the building, add some decorative lighting, replace all um
rusted metal exterior doors, add some landscaping to the parking lot. um repair some deteriorating sections of that asphalt parking lot, some cosmetic and tenant improvements as well as some as needed roof and HVAC repairs. Also
within the next four years um add a outdoor play area for the school. Here we see um some elevation drawings of what the building will look like post um improvements. The paint colors include warm gray, dark gray, white,
black, gold, and dark red. So, in order to grant use flexibility, we must find the following four criteria to be true or met. Um, criteria A, the proposal significantly advances the intent of the river rapids overlay. Staff feels this is met. Um we feel that
the school is an appropriate reuse of the small space um and there's potential for a larger mixeduse development um on the site. The school will bring back some more energy, some life activity um to the small area.
Uh criteria B, it is necessary for the efficient wellorganized property development. We feel this has also met the proposal. Um we feel is an efficient use of this space. um the space that was um most recently used by a um by the
school district and the space will be used as is with very little interior remodeling. Criteria C, there will be significant amenities provided to the to offset any harmful effects of the use. We feel this is met um already talked through those
major uh building and parking lot upgrades that they're proposing um which will improve the the site's appearance. We don't foresee any um harmful effects to the surrounding properties from this use. And as stated before, the the large parking lot and and multiple site access
points will adequately handle any traffic that this use generates. And finally, um criteria D, the use does not detract from other uses within the port district. We feel this is also met. um we feel the opposite that the school
could actually have a positive effect on surrounding properties and with the mall currently being um largely vacant and underutilized, it's it's been detracting from surrounding properties for some time now. So with that, our staff recommendation is that the planning commission
recommends approval of use flexibility to allow a K through8 school to operate at 2891 Rapids Boulevard with the following conditions listed on the screen. Thank you. >> Wonderful. Is the applicant here? Do
they have a presentation or wish to add anything? >> The applicant and their architect are here. Um, >> do they have a presentation? >> I'm not sure if they wanted to come up and and and speak right off the bat, answer any questions you have for them. >> Please, uh, state your name for the record.
>> Sure. >> And your address, please. >> All right. >> Hi, I'm Jeff Hafferman with Inspire Architects. My address is 465 148th Avenue in Ham Lake.
>> Hi, uh, my name is Rust Muharamov. I am um what do I say? So I live at 57 uh 00 Long Break Trail Edina, Minnesota 55433. >> Yeah, I'm with the property ownership representation. >> Okay. And did you have a presentation or
anything you wanted to add to >> I did not. Um >> Okay. All right. >> Kurt covered it really well. >> Perfect. >> We can answer questions though. >> All right. If we have any questions for you, that'll be great. So, thank you for the introduction. Thank you. >> Uh, commission, is there any questions
for Mr. Behringer? >> Yes. >> Question. >> Commissioner Viaak, >> uh, you have made it a point that the approval of the item here is based upon the seven points
that you put down here that they are indicated they will take care of, >> commissioner. Yes. Um as part of um condition number one, there are seven um site improvements that that we will require to be made. >> That was part of your recommendation. >> Correct. In in addition to number two
and number three there. >> Yep. >> Has the property been purchased by the new people yet? >> Should I walk up there? >> Please, please. >> I'll let the applicant answer that question. >> Thank you.
So our we are in pending stages of the acquisition and uh we are hoping and pushing everybody to close it by August 15th the close the transaction. >> Okay. The reason I ask is I was at the mall today and the parties I talked to
it was still in limbo. They weren't sure that the transaction had occurred yet >> and whether it had been purchased or not. >> Oh yeah. So it's in like final stages. >> Okay. >> Yes. >> Other questions? >> Chair Schwanki, >> Commissioner Nablak,
>> I have a question for uh um in the packet it says u tenant lease agreements. Now is it a purchase or a lease? Is it renting or is it a uh physical purchase of the designated spot
in the packet? So the the applicant will be purchasing the property but they will be leasing it to the user to the school. >> Okay. >> And then the uh one it you have these 11 um points of repair
and of recommendations for completions and it says within two years. um point of preference. I think it's just my opinion, but I think there should be a hard date on that before a certain dead like a certain
date and not just within two years, which before two years would be great, but I think if there's a hard date in the like in the calendar, then the city code enforcement and the city planning can follow up with that to make sure
because for for some people two years is a short time. for some people it's a very long time. So >> I I'm just thinking of to be detailed and accurate on that. So um because I've only in the 20 plus years I've lived
here, I've only seen very minimal improvements even when ECF in the school district was running it. That that isore of that whoever the owner is is the owner president. I shouldn't talk bad of
the owners and okay. Um, I've in my view, in my eyes, and I don't know what other people think, but I've only seen that property degrade and I've seen very minimal, if no improvements,
and it makes me wonder why did ESCF I know they have budget issues with with ECF, but is that um what is the real reason that the school district is bailing out of this very centrallylo,
very large um facility. So, I think that's like three or four questions. So, >> yeah, >> Commissioner, I'm I'm I'll start with your first one and and I might um pass this over to my my supervisor, Matt Brown. I I believe we could put a hard
date on that. Um we could even do once it is approved through council, do exactly two years from that date. Um Mr. Brown. Would that >> Yes, certainly. If if the commission uh desires, you could in in a motion uh
replace that 2-year reference with a specific date, say July or August of 2020. >> Thank you. I think that's just reasonable. If other people on the commission think that's reasonable or not, I don't know. >> Uh so, we're still asking questions of
staff. Do you have a question >> or Okay, please. uh refides to uh your point. All you have to do is part make it part of the motion >> and make it two years from the date of the approval of the uh applicant thing. Second question, is
the school affiliated with any religious fact? >> I'll let the applicant answer that question. >> I am not sure on that one in particular if there's like a direct affiliation. Well, aren't you the >> I'm the property Yeah. property
ownership side. >> Okay. So, the applicant, you don't know if they're affiliated with any religious group. >> I don't I don't know if they have like a direct tie is what I'm saying. >> Do they have an indirect tie? >> Maybe,
>> possibly. >> Possibly. >> Commissioner Ranak, is there a point to that question? >> Well, it would be in regards to taxes and things like that. That's all. So, we're here for a use flexibility, which I'm not sure how that >> Well, it it's just that the applicant is
having a school and he's moving from where it is. And the information I sort of gathered at the mall today was they uh it was part of the possibly part of the Muslim >> uh thing there
>> with the mosque >> that it might have been part of the school. Okay. But I would just like to know if that's the case. >> Okay. >> So I yeah I think I mean they have a website I believe that that would be maybe a good place to look it up and see if you know
>> um can I just can I contribute charter commission charter schools it's not a question it's just me charter schools cannot be affiliated directly with a religion. This charter school, Star of the North Charter School, is a is very
clear on what their statement is on their website. You I would encourage you strongly to check that out. Similar to many other schools, they're also open to hosting a mosque. So, it's they're not identified or structured around any religion, but the church that would or
the um religious facility that will be sharing their space potentially is a mosque. But that's not something that's up for discussion tonight because that's already for use in that space. >> So it's just about the school and charter schools cannot have a religious affiliation. >> Yeah, I think that's like a good legal
term. But the the tenant that we have the other tenants is completely different entities. So they're not the school here. They're going to basically be in the 52,000 ft as a school. >> If that's if that's clear. Uh can I also add? So, in regards to the improvements,
we are planning to basically as soon as we close this summer with the warm weather, we want to try to tackle all the exterior renovations because we want to have a good presentable uh curb appeal. So, it basically brings more
traffic and brings more vibrancy. So, we want to take care of the, you know, the bad asphalt, exterior painting, and some of the landscaping this season. So that's why we're really trying to push everybody to, you know, close it by August 15th hopefully.
>> Thank you. That's good to hear. >> Any other questions? >> Yeah. What about the current tenants? >> Current tenants. >> The current tenants that are there are >> So Grand Slam is staying.
>> Uh I think these guys are, you know, >> is that Mike? >> Yes. I was talking to your gentleman today. >> Oh, my general manager. >> Yeah. >> Yeah. And then the mall part, we will basically remodel it and we'll probably have a coffee shop, event center, the
mosque, and some offices. >> Okay. >> Uh the barber is actually leaving, too. It's kind of sad, but he's like older guy, and I think he's just retired. >> He's gone in August. >> Huh? >> He's leaving in August. >> Yeah. Yeah. >> Cheers, >> Commissioner Casey. Um, so you're saying
this, the coffee shop, the event center, what could be a mosque, those are all going to have to come to us separately, >> completely separate entities, each one of them. >> We're not do dealing with them tonight or >> we don't have anything on the docket. So, >> yeah. Yeah, we just wanted to share like
the big picture grand vision for the building uh to kind of and then like the land around it also is not for today's discussion, but we're in talks with a couple different developers to possibly do some like housing or apartment building or something of that nature. >> That would have to come before
>> Yeah, it would be like a completely separate project, separate conversation. >> Yeah. Okay. Thank you, >> Mr. Behinger. If I may ask a couple questions um really quick. So, how many children were um in attendance when it was the preschool through Anoka Henipin?
Do you know what the >> Madam Chair? I I don't know the answer to that. I know it was just a >> It was just preschool >> early learning center like >> early childhood >> preschool. I think they only had one unit of that space dedicated to that.
When I when I walked through there last year, I I just saw one area kind of dedicated to small children. >> Okay. And do we confidently feel that expanding that to 350 students is viable right out of the gate?
>> We do actually. And some time ago, I guess I don't know the exact um time frame, but they did have more students there than just the preschool age kids. >> Okay. But we don't know how many. Correct. I I'm just trying to get a
reference in terms of the size and I know that there's discussion of growth up to potentially 500 students in um the next four two two years actually two and a half years. >> 29. >> Yeah. 29 and that just is um that's a lot of students uh for um that space and
I just uh want to make sure that it's it would adequately support that if we're going to back this. >> Yes, we feel that that it will. Um it is a it is a larger space than what the the school currently has. Um I think they're interested in the space because they
feel it is an expansion for them. Um obviously they'll they'll have to meet all occupancy codes and fire codes and storm shelters um things of those nature based on how many kids are there. Um >> yeah the applicant would like to add
something if that's okay. So the if you open the floor if you look at the floor plan it already has all the classrooms there. So at some point uh I I think they ran some sort of programs and classes of some sort of nature. >> Sure. >> I don't know exactly what it is but we
are basically the tenant as long as the all the codes are approved and all the plans are approved they want to take it pretty close to as is on the interior maybe do a little bit of like cosmetic renovation and stuff. Um, so right and I just think uh so what
size classrooms are we talking? Do we have any information on um how many students per classroom, things like that? Any of that information? >> And I I'm probably getting in a little deeper here, but it is if you bear with me just a minute.
>> I'm pretty sure I put numbers on the the plans. I don't know if this isn't was that with the >> Yeah, it says 40 occupants, 27 76 and so on. >> So, each of the classrooms are identified on the plans.
>> Okay. So, uh I'm sorry. Would somebody just point out um like the seventh grade? What are we saying? There is a seventh grade down below the fourth grade there. >> Uh seventh grade >> on the left hand side. Yeah. So, how many >> So, yeah. So it looks like the first
seventh grade room we've got occupancy of 32 and then below slightly larger occupancy of 42. >> Okay. And we don't have a gym room, a gymnasium or anything. >> There's a wreck room on the right side >> is it? >> Right here. >> Mhm.
>> Okay. So there's one recck room >> and there's a cafeteria area. Okay. >> On the other across from it. >> Okay. And plans are to build a playground in four years. Correct. >> Correct. >> Um and until then, what that's So four
years is a long time. So where will kids be let outside? Is it >> We're still working out some of those >> I think we're still working out some of those details. >> Okay. Um Okay. I appreciate that. Um I
just was going to ask another thing. Do we know um the location that the current tenants are occupy right now? How long have they been at that location? >> Um you know >> uh the the school >> the school >> 14 >> do we know how long they've been at that
site at the Rapid site? >> I'm not sure. It's been about a year has >> it's been about a year maybe >> since they've been there. >> Yes. Is it two years? >> Matt, do you know? >> Maybe three or four years. >> Oh, maybe that long. Okay. >> Okay. Excellent. Yeah.
>> Okay. I guess the other the other question if I'm okay to keep going. Uh Commissioner Ronette, >> who's the applicant here? Is it the school or is it the owner? >> The potential buyer. >> The potential buyer is the applicant. >> Correct. >> Yeah. Rustam is the applicant.
>> Yes. Not the not Star of the North Academy. They are not the applicant. >> They are the potential tenant for the applicant. And it just seems a lot of the information here is based on the school. >> Yep, it is. It is. You're exactly right.
Um I guess the reason part of my reason for asking is this. Um I know the request was made to say let's put a hard date in there for some of these um you know um conditions to be met, right, for the improvements. Um my concern well
first of all I'm questioning there are seven in your presentation but there's 11 in the actual condition. Um so I wanted to clarify get a clarification of that. Why are there only seven in your pre presentation but 11 in the actual
condition? >> So the seven um madam chair that I presented on this slide were um what the applicant had proposed. Um, we added a few more conditions to that list to bring that list up to 11. >> And the applicant is aware of those
additions and are they in agreement to >> Yes. >> Okay. So, the question I have is the what if. Okay. So, you have tenants in there uh for two years, let's say, and um you don't get through half this list
for whatever reason, right? Um what is the what if? And I realize that there's ordinance, you know, we we come back, but now you've got occupants in here. And this is where I'm coming back to the use flexibility is it seems like I I do
not remember um any time in the past when we have approved uh any sort of application where we have um the promise to complete such a long list of items um and asked to give our blessing in
advance. And that's that's my concern. If this wasn't such a long list of conditions, I would have um probably a different a different feeling about it, but that's the reason behind my question. Um we can maybe have more of a discussion on it. I don't know if the
applicant has a a thought around that really quick. >> Oh, so uh once again, with some of these improvements, we plan to do them this year. Uh, and basically the school wanted to try to
move in September 1st and now I think that's going to get pushed closer to January 1st. >> Okay. >> And um, you know, some certain things you cannot really do in the winter. >> So, we want to get them done done in the summertime. Even though the list might seem like a
like a a lot of items, but a lot of it is we could just said exterior renovation and it would have been like a one item, but it's basically broken down. But some of these are not a big ticket items, you know. Uh and uh one
more thing is if the building becomes vacant, it's going to have like a sign significant negative cash flow and it could potentially deteriorate further with breaking in with freeze damage with whatever. So >> we were trying to um do all the exterior
renovations in the like the in the summertimes because it's not really on the inside and then uh do maybe minor cosmetic stuff on the inside. get it ready so the school can get in and start operating and start running. And there's a overhead and there's operational um
challenges that you know moving a school over from one place to another, adjusting the school, the students, the staff. So that's why we were like, hey, at the worst case scenario, two years should be plenty of time to get the first list of things done at the
playground. He would uh the tenant was saying, hey, you know, uh it's good. It's a like philosophically we agree it's a great amenity for the students and we're on board with it but they were a little bit concerned with like u funding and execution and lining it all up to make sure because I think a
playground could be somewhere another like$1 to $150,000 potential investment where you have to you know get a piece of land uh you know install all the improvements and the playground and stuff. So that's why they were wanting to have a little bit more timeline for that.
>> Got it. I hope that does that answer. >> That is helpful. Commissioner Ron, >> I'm still trying to get my mind around this thing. You're the owner, right? >> Or the perspective owner. >> Yes. >> Yes. >> The applicant that wants to put a school
in there. I would have thought that they would be here discussing the layout of their plans, all the information >> that you have as a tenant. >> Okay. And yet, as the owner, you're telling us what the tenant may or may
not do. Uh there's no guarantee he will do it because he's had no uh in investment right here. Uh I'm it's sort of >> the chicken and the egg here. >> Mr. Bakone, can you help to get to make
this clear? I understand, but I just wonder if it would be a little easier. >> Thank you, Madam Chair. I would say it probably would be useful to have both people here, but the property owner is Sorry, I just got told to talk louder. I
have a little louder. >> Uh, frankly, the property owner is probably the right person to have for this application because many of the things we have for conditions, >> yes, those are things that the property owner will need to address in order for
this flexibility to to to work, frankly. Um, and then on the the playground piece, uh, I think that's again that's the property owner because they're the person that owns the property surrounding and how that lease looks and things like that, that really is going
to be up to him or his company. Sorry. >> Uh, and just so we're clear, well, I got it. I'll steal the time a little bit. >> Please do. on the timeline piece, the way it's currently written in your uh packet with the 11 conditions and it says within two years. So, I would
interpret that as within two years of whenever the approval happens. And so, I look at that as a solid date. If if this property were approved within two years, all those things need to be done. And to answer your what if,
>> that's a complicated question. I mean, it goes, we could site, we could sue, we could revoke certificates of occupancy, we could do all sorts of wonderful and awful things all at the same time. And we've worked with this applicant before on compliance issues on a different
property and it eventually we got to where it needed to be. So, it's it's worked out. >> Thank you. Okay. All right. Do you have another question? >> Yes. So right now the property owner is proposing that he's going to have a
tenant as a school. >> Correct. >> The school is not here asking to do anything. >> Correct. >> And whatever we talk about may come back to us when the tenant decides they want to do this, this, and
this. because I I would assume that you're not going to tear up your mall to put this school in there unless they have been approved to be there. >> Commissioner Ron, right? I mean, the the tenant will be working with the property
owner for any any of the needs that they have in order to run the school. And yeah, let me >> these are the things that we're requiring in order for the buyer to um to for us to uh to approve the use
flexibility um that would allow him to bring a school in because it's not actually approved today for a school to be in that port. >> Correct. >> Okay. Does that make sense? >> Well, basically it's a potential of a
school going in there then. Correct. >> Okay. So we are in communications with the tenant and tenant I I think with with how the legal procedures work have to go through us to obtain this because this permission stays with the property and not with the lease and we are in
communication with the tenant and we are in a we are in agreeance with them like in our uh lease document or whatever that hey as long as you sign this lease and as long as you you know pay rent and everything we will deliver as a landlord all these things to you and make sure
you can get your certificate of occupancy with the city and make all the requirements that the city is asking us to do. So we are basically in agreeance with the city on the recommendations and we are in agreeance with the tenant that
it will be fulfilled. So then they can basically have the certificate of occupancy if and I'm not sure if I said it like legally correctly but nope. >> I think that that's pretty clear. You did very well. Yeah. >> Thank you. You have a lease with the tenant
>> and property owner is you're covering the recommendations the >> Exactly. >> Okay. All right. All right. If there are no more questions, then we will move to a public hearing. All right. So, we'll open up a public hearing in planning case 26-3 23,
excuse me. uh the use and dimensional flexibility for the K through8 school at Family Center Mall, 2891, Rapids, LLC. Is there anyone here who wishes to speak on this matter? All right, please approach the
microphone. State your name and address for the record. My name, excuse me, my name is David Ecmom and at 11206 Crocus Street Northwest in Rapids. So, I have a prepared statement and then
I maybe have a few questions. Is that appropriate? >> Uh, if you can limit it to just a couple minutes, that would be great. >> My family and I lived have lived in Kunabas for at that at that address for 42 years. When we first uh moved at that time, the Family Center Mall was a
vibrant mall with a variety of stores including Red Owl, Temple Book had a daughter that worked there. Minnesota Fabric, Old Country Buffet had a daughter that worked there, Mr. Te's Radio Shack, and so on and so on. Over the years, we've seen the 1960 Mall
deteriorate into an eyes sore. I agree with you, Ray, Commissioner Knoblock. It is true that the Grand Slam has helped keep some people interested in coming to the mall. Thank you, Grand Slam. As we know, District 11 has been there and has helped a limited amount of
people at that location. These two groups have kept the parking and outside directly adjacent to their entries in fair condition. But even though the building was painted some time ago, for the most part, the building and the outside parking lots
are in disarray. I I read on this uh discussion thing. It says repair deteriorating sections of the asphalt parking lot. The applicant indicates that some sections have 5 to seven years of life remaining. I say no.
It's it's in terrible condition. The inside of the building, with the exception of district 11 space and grand slam, looks the same as it did in the 1960s. The building needs a facelift if not to be torn down. I read in another little subject another
I read in the discussion section of the planning commission agenda that the star of the north academy plans to have 550 students by the year 2029. 550 students plus 100. You said 50 in your presentation. It's 100. That's 660 along
with buses, cars picking up, dropping off. I don't believe that 113th Avenue and Crooked Lake Boulevard could handle the traffic without significant road improvements. There you go. I don't know if that's a county road or or or a city road. There's that one when you turn east on
100 off of Crooked Lake onto 112th. There's no turning lane and it's a disaster. It's an accident waiting to happen. In conclusion, schools belong in school zones. This area would be better utilized as an area that could accommodate and probably is already
zoned for commercial purposes. It should be kept that way and the city of Rapids should keep moving in that direction. It's been a good start with the new construction on the corner of Rapids Boulevard and Crooked Lake Boulevard. And I'm glad that you did what you've
done with the hockey rink. That's fantastic. But I think you owe it to our community to do something more than have a charter school, which is somewhat questionable what the alternative motive
is in that location. Let's continue to move in that positive commercial area or that that we're that we've headed that you've headed there. Let's continue in that direction. And just think the property and business taxes
that could be collected if that would continue to be uh designated as commercial. I appreciate your your uh uh thinking on this and I appreciate the fact that you care about that area. I do too and I
plan on living there for as long as we can. Right. >> Thank you. >> Excellent. Thank you very much. Is there anyone else here that wishes to speak? Anyone else who wishes to speak on this case?
All right, seeing none, we'll close the public hearing and we will now limit discussion to um the commission. Commission um thoughts that anyone like to open with Commissioner Ronak?
>> Yeah, I'm still trying to get my hand around this thing. it the owner is asking us or the city that he has a potential tenant that wants to lease the space for a school.
So what are we really approving here? Madam Chair, Mr. Bar or Butcher Con, sorry. >> Commissioner Ronak, I would think of this, you're you're relatively savvy in the real estate stuff. I'd think of this
as a build to suit arrangement loosely. Our agreement is with the potential purchasers company. So, we control him. That's all we get to do. We don't
control his tenant um or the charter school. That's handled by the the right state agency that handles the density of students and what can be done at charter schools and places that receives charter school money. But that think of this more as a build to suit. They want to
use it as a school. Um the applicant does and they're willing to build and do the things we're talking about in order to use it as a school. It it it's not a perfect fit. It's not a perfect metaphor, but that's the way to think of it. >> Yeah, I understand that. But to me, I
would think the school would be here asking for the ability to put a school there. Now, he they are doing the work for the structure and the the property and everything like that. That's fine.
But the most of this thing here is centered around a school there, which really isn't there yet. and he hopes to have a tenant that's going to do a school. Now, won't they have to come back here and say, "I want to put a school and this is what I want to do to
it." Uh, and this is how I want to do it and the building inspection and people would have to >> Madam Chair, >> Mr. Bkonei, >> Commissioner Rak, it's a great follow-up question. I I'd tell you that your approval tonight isn't necessarily tied
to the Star of the North school. It's for that use of that specific space as a school. So that's why the applicant is the property owner because if the star of the north academy doesn't want to come, he could probably go find it. He
could rent it to a Noah Henipin, say, or someone else and they could use it in that way. And so if we had just the Star of the North Academy here, it would be tied to them specifically. they don't necessarily have the ability
to do the things that will need to be done on the property unless they're granted that within a lease agreement that would have to come from the applicant. So, while they could be here and be a part of the application process and that sort of thing, in this instance, I don't think they're needed.
>> Mr. Buchi, is it fair to say that this packet or our our application could have been presented to us without the name of any school and the same conditions? You know, if the request is to be able to rent the space out to a school, would
the conditions still have applied essentially regardless of the who? I think if you start tweaking facts like that, Madam Chair, it gets really hard for me and I think for staff to tell you how that
would work because while I tell you the school any school could go in there if you approve it the truth as we're approving if that happens the information before the commission but let's tweak the facts and turn it into a different kind of school that has
more kids, less kids, things like that. >> Sure. Then as staff we could tell this applicant, hey that's not what we approved, that's not how we approved it. That sort of thing. So it's a hard question when you start tweaking the facts in that way. If it came as a completely anonymous, we want to use
this as a school, we would look at that and go, well, we're not going to be able to assess >> understood >> the things we need to those conditions and of approval that we need to. >> Excellent. Okay. Thank you. Other
thoughts, comments uh for commission. >> Um Madam Chair, >> I appreciate your comments too and from Mr. Brown and and Mr. Behringer. That clarifies a lot for me and I'm I'm
looking at the recommendation. We're um use flexibility is why we're here. Um, and we saw the conditions that are being met to the satisfaction of the city staff. So I don't want to delve into the school
because we're use I mean we're approving a school usage. But on the other hand, if the school decided to not do that, um a commercial entity could come into that site too at
some point. Um but again, I want to focus on the use flexibility. The reason we're here Chair Schmoki, >> Commissioner Nel. >> Uh, I agree with Commissioner Casey and
I just wanted to add to it. Um, I any improvement to that. Uh, uh, as the potential owner is antis is planning to, I think would be welcome to the area. Of course, I'd love to see
something like a baseball or football stadium put in or something, but that's not the situation here or uh medical research facility or something in that case. But in in regards to the property and what's there and the potential
improvements and the productive use of that, uh, I would like to add to Commissioner Casey's that I think it would be a good improvement to the location, it being right on Rapids Boulevard, I think it would be if it
would be would be more functional and less of an eyesore, I would be more than happy enough. So >> that's all >> I'd like to just add um I I have been in situations um on a previous commission
where we have had a potential buyer bring something forward. And I I really do think that the improvements that are being um that are that are being proposed here and that will be part of the recommendation are critical for that
lot. I think everybody in this room agrees that it's an eyesore. Um, so while we would always feel more comfortable if the improvements could be made before we make a use
recommendation. he the the timing to leave this to make sure that this building doesn't go vacant over a winter um or for a long period of time is something we should take into consideration when we're thinking about that timing of putting
this recommendation forward before the purchase has happened before the lease agreements are in place um or you know they're too far down the talk so I do think that this is going to change the um the view of that corner of a parking
lot that is incredibly um dire to look at uh on a heavy traffic area. Um I want to address a little bit about the traffic flow. Um I do think that you know looking at the traffic flow in these maps that the bus traffic um does
make sense flowing through. Um, so I don't have concerns that were raised during some of the commentary about that heavy um, traffic that will come through during those periods of of time. Um, it does from our packet and the map here
appear that the flows make a lot of um, a lot of sense and uh, and so I I I think that that kind of the timing of things just gets a little different because of the situation that we're in. So, I just wanted to say that for the
record. >> Thank you. Um, I guess, um, if I can just weigh in a little bit here, I guess the the thoughts going through my head, um, are that as much as I see this as an opportunity to um, improve the site,
right? I'm looking through this list of conditions and whether or not a school moved into this site or not. That list is something ideally that um at at a minimum um would be welcome to have that
building improved um to then bring in uh new business of whatever um you know that may be. I think I'm I'm concerned because I don't feel like this site is really adequate for a school, especially
when we're talking about bringing 500 students in there. Okay, 500 plus students in there, growing it to that. Um I I'm looking at these very separately, right? I we're being asked to do a use flexibility to allow a school, you know, to move in recognizing
that this property is blight. I mean, it's it's really not in a great condition. And um I'm going to steal um a phrase that was used by um the gentleman uh here that that voiced during um uh public um comments. Um and
that, you know, schools belong in a school zone and I don't feel like this is a school zone. When I start thinking about the number of students that will be there and you have K through eight, you have um the businesses that will attract them to be crossing Rapids
Boulevard um to go to Arby's or to other, you know, the Walgreens stores, etc. Um now you've got increased foot traffic of young children on a very busy road. Um, so I I'm just I I think and I'm trying to be very very um you know,
objective in that all of these things are welcome, you know, improvements that I think um would be amazing to have done at a bare minimum. I think that there are other improvements um that could definitely be done to um draw in um more
businesses that maybe are also something that the community can um engage with just like um again we talked about the history of that building and the types of business businesses that used to be there um to draw more traffic that way. Um, I just personally don't I'm I'm not
really in favor of uh use flexibility um to draw children to that corner. I just don't feel like it's a good fit. >> Would it be okay if I >> just commented on that a bit? >> Sure. >> Are you familiar with the Pernaces school on 610 and um is it Zach?
>> I think it's Zachary Lane in Maple Grove Pernaces on 610 in um Zachary. They built out a school inside of a strip mall that was becoming a dying strip mall and it's become very successful. It's a beautiful looking building. Um
it's on 610 and a very busy road. I do believe it's Zachary um lane and they have those same conditions. I do understand the thought process between having about having schools located inside of buildings that were built for schools.
I'm assuming um or as you're saying schools zoned or um areas that are already zoned for schools. Um but it is pretty common for schools to be even traditional district-led schools to be moving into
um into strip mall type buildings. Alternative schools are located um expansion buildings are located in many strip malls. So while I do respect the the logic there, I think that there is a broad use case across the Twin Cities um
for putting schools into malls, I also from my perspect my perspective in my opinion is um a lot of these malls are they're they're empty and so if the um you know if the option
is for putting something that will bring a tenant into the building and it's something that each one of us have to be comfortable with. But if if the option is bringing a a tenant who's ready to come into a building into the building
um or the other option is it potentially sits empty for an unknown period of time while they source another tenant. I do think that it behooves us to think about how to support the new buyer in making this building exist or we are also
looking at the fact that that building may be sit empty. So that's kind of my counter. >> Thank you, Commissioner Ron. >> Um I think one of the things we got to look at here is we have a buyer that's got a building that's not doing very
well. he has a potential person that is willing to rent it. If they rent it, there's a good chance he's going to improve the facility, the lot, and things like that. Uh he there probably is a limited amount of people that be
willing to rent that big space. Uh so in a sense if he can find a tenant that's willing to do it at a big portion of this I think it behooves us to help a land own property owner or a mall owner to get a
tenant in there to help us improve the neighborhood. Now I'm not comfortable with the way this process has been going. It's sort of a little ass backwards, but uh I think what we're doing here is he has a potential tenant. He'd like to get it done. Uh there's no
other alternative. And I think we got to work with him and help him get that that neighborhood cleaned up a little bit. 550 students running around there. Michael get a little benefit out of them. Uh so in some respect I think this
thing should move on or move along rather. Thank you. Is there any more comments? Any more discussion? Would let somebody like to entertain a motion? I would like to make a motion to
approve planning commission item 2623 with the um with the stated recommendations the 11 recommendations plus to be done within the two years um and then the additional two um listed on the recommendation
sheet. >> We have a first. We have a second. >> I'll second. >> We have a first and a second. All those in favor say I. >> I. >> I. All those opposed? I >> I >> The motion passes
and this is a recommendation of the planning commission. Uh and the decision will be by city council on August 3rd. All right. So any So that that ends that. So there's no other business or is
there other business to discuss? And good luck. Thank you very much. Great presentation and thank you so much for taking our questions. >> Good luck. You got two years to fix that. >> Tick tock. >> Madam Chair, I just wanted to bring up one upcoming case. We did receive a
application for um Vermac Window Manufacturing uh to be located um on a on a vacant 1.2 acre site. Um it's down here in the south part of town. Um shown here in the map near Holly Street. Um we're just kind of starting our process
of of analyzing that um application, but that'll be ready for you at the August meeting. >> Excellent. >> Is that in the industrial park? >> That is. Yep. That's correct. Yep. It's industrial zone there. >> Excellent. >> And that was all we had.
>> So the one item. Okay. >> Yep. Just the one item. >> Yep. >> Thank you. >> Thank you. >> Any other business? Any other comments? >> Make a motion to adjurnn. >> We have a first to adjurnn. Do we have a second? We have a first and a second.
That motion uh is approved or uh what is passes. Thank you. And uh we can adjourn. Thank you very much. Thank you.