All right, it's 5:30 somewhere, so go ahead and call this to order. Um, let's see. We got roll call covered. Uh, minutes, I guess. Uh, if I would uh look entertain a motion to uh approve the
minutes from last month, unless there's some changes. >> I would move to approve the minutes from last month. >> Second. >> All right, we have a motion and a second. Any discussion? Hearing none. All in favor say I. >> I. >> Oppose. Same sign. Motion carries.
>> All right. I'm going to shift a couple of things around here. I'll note that we have an additional business item that's not on your agenda. Item 4D is in Delta. That's the United Savings. >> Yeah. Yeah. Okay. Uh, so I'm going to go
ahead and take um we're going to we're going to go ahead and take the uh the public hearing 3A and then we'll jump to 4D and then we'll continue down as written unless there are any objections from anyone on the uh commission. All
right, we'll go ahead and start with 3A. uh call to order a public hearing to give consideration to a nonconforming use expansion permit to allow construction of a second story addition to a home with a 1-oot sideyard setback at 222 Willow Street East. Larry,
yes. The request has been made by Amy Ingberg to enlarge a non-conforming use by adding a second story addition to a home at 222 Willow Street East. The current home is non-conforming because it has a one-foot sideyard setback on the east side. Consideration should be
given to the following findings. First, the proposed expansion is a reasonable use of the property as it will improve the aesthetics of the property and will not cause adverse impacts to traffic, noise, or parking. Two, the expansion will not alter the essential character of the neighborhood as it will allow a
two-story home which is common in the area. Staff recommends approval of the non-conforming use expansion permit to allow construction of a second story addition to this home. All right. Thank you, Larry. At this point, I'll open it up for public
comment if you'd like to come address the commission at all. >> Okay. Um, and no one else for any comments. All right. go ahead and close the public hearing and I'll put it up to the commission for discussion
>> or a motion. >> I'll make a motion to approve variance as presented and with the conditions stated. >> I'll second. >> All right, we have a motion in a second. Any discussion on that motion? All right, we have a motion on the floor to approve the uh the nonconforming use
expansion permit uh with as recommended by the staff >> with I'm assuming with any uh with their their all their things. Can't I can't say the words tonight findings. >> Sorry, it's been a long day. I
apologize. All right, any discussion on the motion? Hearing none. All those in favor say I. >> I oppose. Same sign. Motion carries. All right. Thanks. Let's go ahead and jump down to uh 4 D. Uh United, Is it United Community Savings Bank? United
>> United Savings. >> Oh, I was close. United Savings. That was close. In some alternate universe. Okay. Uh last month we approved a variance for United Savings Credit Union
and they asked for uh relief on the payment of the parking parking fee and offered to provide an easement for the Boys and Girls Club to utilize their parking for different events. Apparently they didn't clear
that with their attorney before they did so. And so their attorney is now advising them to pay the fee and forget the parking variance. So, they are requesting that they be allowed to have the variance with the 10 parking spaces, but they would pay the entire 25,000
parking fee and not provide the easement. And staff is recommending approval. And I think it makes sense for them and for everybody. They did indicate in their letter of request that they felt that the parking would get used casually
anyway in that regard because of its proximity to the Boys and Girls Club. and they are not opposed to that. >> Okay. Would you like to uh say anything? >> Okay. Uh discussion from the commission.
Any questions? >> Does Dylan have a comment? There is there is a new resolution in your packet and basically the only change is that instead of requiring the $5,000 payment and the easement, it now just requires the $25,000 parking fee payment.
Okay. I don't know what else to tell you. >> Correct me if I'm wrong, but I thought we approved the easement and the parking fees. >> I'm sorry, what? >> Sorry. Correct me if I'm wrong, but I thought we approved the easement and the
parking variance fees in our motion. >> Move the easement and a $5,000 fee. They're instead paying the $25,000 fee. >> Is that how it went? >> Pretty sure.
>> Yeah. And the only other question I have to follow up is was it our recommendation to ask for the easement or did they provide the easement voluntarily? >> They were requesting that in lie of paying the whole 25 fee. So it wasn't
initiated on our end. It was initiated on their end. >> I have a question Larry. How is that $25,000 dollars determined? Is that just a flat fee when I mean is it based on >> The council the council has set the fee
at $2500 per parking space. At the time that that was set, that was probably the average cost of a parking space. Okay. Any further questions or discussion? Otherwise, is anyone willing to make the
motion? >> I'll make a motion to make the adjustment to take the $25,000 and not the variant or not the $5,000 and then >> the easement.
>> Yeah. And not uh have an ement. >> I'll second that. All right. So, we have a motion and a second on the floor to uh take the full payment of $25,000 and no easement. Any discussion on the motion?
All those in favor say I. I. >> I. >> I. >> Opposed, same sign. Motion carries. Thank you. >> Thank you. >> All right. Let's go ahead and jump back up to 3B. I'll call to order a public hearing to give consideration to a conditional use
permit to integrate this parcel into an existing church campus to accommodate congregation growth at 900 Long View Drive, Lakes Area Vineyard Church. Larry, uh, yes, Lakes Area Vineyard Church is considering the acquisition of the
medivan property, which is adjacent to their current church property at 900 Long View Drive. and that would be for future growth. Consideration should be given to the following findings. The proposed use is consistent with the comprehensive plan. The proposed
location is suitable for the use and the use fits in with the character of the surrounding area. Based on these findings, staff recommends approval of a conditional use permit subject to the following condition. One, that the church campus be enlarged
to the to include the property at 900 Long View Drive. Two, that any future buildings meet all setback and parking requirements of the city's zoning ordinance. And three, that the owner obtain any required land disturbance permit prior to the issuance of any
building or zoning permit. >> Okay. Would anyone like to comment? >> I have a question. Well, let me close the public hearing. Now you can ask your question procedurally. >> Go ahead. Are >> we closed?
>> Yeah, we're good. >> Are they hooked up to City Sewer and Water? >> You know that medivan or the church? >> I would have to check on that. I don't know that for sure. >> I know they have a wellhead sticking up and a water line very near that looks
like comes from city services. But let's say if they're going to go through with something like this, shouldn't they be required to hook up to City Sword and Water? >> Well, they Yeah. No, typically when you just do a transfer of property, that doesn't trigger that. >> No, it doesn't trigger anything, but
they're ask obviously asking for some >> I I can check on that though and let you know. >> Well, if they were going to do any construction, they would have to >> They would have to That would trigger the >> Yes, that would absolutely trigger it. Okay. Any other discussion question?
>> So for clarification, these are two separate lots. Are they asking that they then would be one set one one lot or they still stay? >> It wouldn't necessarily be a single tax lot, but it would be a single development lot.
>> Okay. I in the terminology that you said enlarging the campus I didn't know if it had to do anything with the actual lots being >> the zoning would change from >> the zoning is R2 the zoning would not change >> it's a conditional use permit >> yes
>> medevan is a legal non-conforming use >> is there any proposal I mean they're just wanting to buy At this time there's no proposal >> further building. We don't know. >> There's no proposal for any construction at this time. >> Yeah. >> That tells me they had an opportunity to
buy the land and it made sense. >> Exactly. >> Right. >> A potential expansion, I'm guessing. >> Hey, our church just did that with with a couple of lots in the last few years, too. self. >> Well, I would move to uh approve the
conditional use permit to allow um them to purchase that uh following the findings as stated. >> Okay. Is there a second? >> I'll second. >> All right. We have a motion and a second on the floor to approve the conditional use permit following the staff recommendations and findings. Any f any
discussion on the motion? All those in favor say I. >> I. >> Opposed? Same sign. >> All right. Motion carries. Dylan, it's sticking with me to talk about the findings. All right, let's go to 4A.
Uh, consideration to a resolution of the planning commission finding that a development program for municipal district development district number one and a tax increment financing plan for tax increment financing district number one-1 conforms to the general plans for
the development and redevelopment of the city. All right, Larry, please explain that. I'm going to turn this over to Hope Williams, our new economic development person. >> Hope, some of these folks have not met you yet. Would you reintroduce yourself? >> Yes. Hi. It's nice to meet all you guys.
I am Hope Williams. I'm the new economic development director for the city here. Um, I am on week ending week six. So, um, still pretty new to the position. Learning a lot, learning from Larry. Um, it's been great so far. Coming in, we had the application for the Lincoln
Apartments TIFF. Um and with this transition um we're looking at uh establishing a municipal district number one. So where that there is a um program within your guys is up on the screen. It wasn't included in your packet. Um with
the municipal district it is a set um it's the whole city limits would be the new district. As of right now when a tiff comes to um the city it has been you know 3-1. The next one's a 4-1 and 5-1. Um you're approving the district
and the TIFF plan both. Um where this going forward we um approve the municipal district one time and then it's just every project in there is its own. So you don't have to do it twice. This overall makes the process a lot easier. You only have to have um one
public hearing which would be held at city council and it's wouldn't have to come to planning commission for just the tiff plan anymore moving forward. So it would be taken off um the planning commission's plate if the project needed any planning or zoning changes. They would still come on that behalf. Um but
overall for the TIFF plan which you can see it's a you know I think it's a 14page pro you know program um that wouldn't have to come to you guys anymore with the approval of this. Um so within the resolution that we're asking is that you find that the entire city
then um would qualify to have development and redevelopment depending on the project. um and kind of leaving that piece up to the city council. And then within that, the TIFF plan for the Lincoln school is um that would be 1-1. It is going to be redeveloping the
vacant Lincoln school building into 36 market rate units. Um this is not going to be just for senior housing. This is, you know, just general market rate housing. Um and we'll include underground parking in a pickle ball court in the old gym of that school. um with that project, you know, with cost
of um overall cost of, you know, acquisition and building costs. Um that's why they're coming forward needing the TIFF for, you know, overall um financing of the package. Otherwise, it would not be doable. Um the current value of the property is 1.1 million with the estimated project cost of 7.5
million um with the increase of value to is 3.6 and they're requesting assistance for almost 1 million. We do not have a development agreement in place quite yet. We don't have those projections quite done. Um but coming today, it's asking for the resolution for your approval that you're finding that both
the municipal development district number one and the um tiff plan for 1-1 conforms with city plans. If you have any questions on that, >> makes sense to me. >> Okay. So, why wasn't the development
plan in our packet? >> I did not have it in time. >> Oh. >> For >> Okay. to get it in sent out with I think you guys do two weeks before we didn't have it in time where this is a um fastm moving tiff. Usually it would be a little bit longer but just with the one
of starting we you know pushed it as fast as possible and with that we didn't have everything right in time for making the planning commission meeting. It is public knowledge though and we'll go out with the development authority and city council. Um it just we didn't have it quite prepared
yet. >> Yeah. Remind me. Um, Larry, that project came to the planning commission. That was that for a conditional use per It wasn't for a zoning. It was >> That was for a zoning change. >> It was a zoning change. Okay. >> Yep. It was reszoned to multif family. >> Mhm.
>> That's right. >> Okay. So um we have a proposal on the plate to approve a single municipal development district encompassing the entire city and then also uh the tax
incrementing ex the the tiff district number one-1 for the Lincoln school project. questions, discussion from the commission, a motion. >> The question I have is so the
resolution, the first part of the resolution is just developing the tiff district for the entire city and then all of the tiff stuff would just happen within the city council. So the second half of this of establishing
tiff district 1-1, is that necessary after we approve the first part of the of the tiff district. >> Yes, because it hasn't gone all the way through city council at this point yet. So, you guys have to do the resolution and the city council will have to do it
after. And just in the CA, you know, case scenario, if they weren't to pass it or didn't go through after that public hearing, um they'd have to come back again. >> Does it need to be two motions? Two >> two. >> Yeah, I'm seeing a nod. though.
>> We'll we'll go with the we'll air on the side of caution here and there would have to be two motions. >> Well, I'll make a motion to um uh adopt the um uh what do you call it? Development district.
>> Yeah, the development district one >> as described. >> Is there a second? >> I'll second. All right, we have a motion and a second to approve the establishment of Municipal Development District number one. Any discussion on
the motion? All in favor say I. >> I. >> I. >> Opposed? Same sign. All right. Motion carries. Who'd like to take a crack at the next one? >> Please. Not everybody at once. >> Look, I'd do it, but I can't. So, one of you has to step up.
>> I'll just keep going. >> Um, I'll make a motion to approve the tax increment the tiff um district 1-1 um as described. >> I'll second that motion. >> All right, we have a motion and a second to approve tax increment financing
district number one-1. Any discussion? >> All in favor say I. >> I. Oppose. Same sign. Motion carries. All right. Well, we'll carry those forward. >> Thank you guys. >> Great. Thank you. Um, I think that covers everything on the
agenda except for uh I'll give Liz her shot at uh variance and conditional use status. >> I have nothing. >> Nothing. Okay, then uh we'll go to uh planning commission training. >> Did we want to >> planning commission training? I hope that you all enjoyed the planning
commission training that the League of Cities put out. I did send out a planning or zoning 101 report which is basically summarizes what the training was all about. It talks about the pyramid of discretion. It talks about
variances and why we have the different rules that we have. So the takeaway that I got from that is two things. One is the pyramid of discretion where we can when we're doing legislative work, we can have all kinds of discretion and all
kinds of discussion and talk about a lot of different things that wouldn't be appropriate if we're reviewing a case of variance request or a reszoning request. Those are quasi judicial decisions and we have to follow state law and our own
ordinances when we do that. So, I'd like to tell people that come in and request things that we're as tied to the ordinances as they are and we have to follow them because sometimes they say, "Well, that's stupid. Why do we have that rule?" And
>> well, it it's because the council thought it was appropriate and adopted it at some point in their history. And so, I'm stuck with that, too. And I have to follow that rule as much as they do. So, >> can I interrupt you for one second? Can either you or Dylan or maybe both take a
crack at just explaining the difference between the quasi judicial and the legislative roles that we play in these types of positions? >> Well, the legislative role is the law makingaking role where you're making the rules that people are going to have to
follow. And as legislators, you can look at all kinds of different information and talk about different areas of of uh importance to that resolution or that ordinance. And you
can also advocate for different things. Whereas when you're in doing the quasi judicial or courtroom types of things like a variance request or a reszoning, you have to listen to the evidence and apply that evidence to the existing rules in the state law. So you can't
just and you should not be advocating one way or another for a a different for for a person's request, but you should just make your findings based on the evidence that they provide. And I would just add that in the
legislative in your legislative function when you're making decisions, you can take in you can make your decisions based upon uh evidence that might be construed by some people as not relevant, right? Um you know,
you can make a rule because you don't like dogs, right? Whatever. Um but in the variance in the qual judicial you know just because you don't like dogs doesn't mean you can't approve a variance for a dog park right um you
have to you have to have some reason why the dog park doesn't fit within the rules of the variance right it can't be just that you don't like dogs >> that's where we get into this importance of findings >> right and that is also So kind of the in
the legislative when we get down the road of getting courts involved, right? In the legislative process, the court's going to defer to you, right? You took in the evidence. You made a decision decision. They would like you to somewhat explain your decision, but you
don't really need to explain it in detail. Uh in a variance, you need to describe it in detail. uh you need to describe your the findings, the reasons why the variance does or does not fit with with the the ordinance and and
things like that. >> Does that answer your question? >> Yes. What questions does did any of you have about that? >> Does it make sense the difference between the two and when we would use one versus another?
This is a question I get a lot. >> The other not from all of you but from other people. >> The one other important takeaway that I had from this training was uh regarding variances and defining practical difficulty. So if you look in the state
law, there's a three-prong test for that. Is it reasonable? Is it unique? And it does it affect the essential character of the neighborhood? And then there's two other things that are included in that law and that is variances shall only be permitted when
they are in harmony with the general purposes and intent of the ordinance and when the terms of the variance are consistent with the comprehensive plan. So there's the five things that we have on our application form. There's those five questions that all people have to
answer for their variance. And if they can't answer those positively and provide us with some convincing evidence that they deserve the variance, we have grounds then for denying it or we can't approve it unless they meet all of those
fiveprong tests. So did anybody else have a different takeaway from the training or different thoughts? >> I'm going to be honest. I haven't taken the training yet. >> Okay. I think a couple months ago, wasn't it?
>> Yeah. >> Yeah. Okay. >> That was if you knew how to access your city uh email. >> If you needed training on your city email, you might have been a little delayed. >> I will say in the past you guys have
provided really >> if you go on the website, this is what you'll come what you'll find. And it's really just in nice little bite-sized chunks. And it's pretty painless. And is the course are we still eligible
to take it even though I haven't taken it? >> Okay. >> It's free and always available. >> You have to kind of resubmit for it but yeah. >> Okay. >> Yeah. >> Thank you. >> Just as long as you go it's there in your city email. >> Okay.
>> Trying to think what it was called. >> Oh, that's why. >> Seismic learning. Yep. >> Seismic learning. Yep. >> That's all I have. >> Okay. >> Thank you. >> Anyone else have anything from the commission?
Not hearing anything there. Dylan. >> Nope. >> Nope. >> Larry, did you want to give a little update on the small committee meeting? >> Oh, sure. >> We did. our zoning committee got together and we had a very nice meeting and talked about a lot of different
things that we needed to address. Um I think we'll be scheduling another meeting in April and we'll have a rough draft of a zoning ordinance and probably some information to discuss with regard to parking requirements.
So that's where we're standing right now. Okay, sounds good. Anything else, Larry? >> Nothing else. Jen, you're good. All right, I call us ajourned. >> I don't do that very often. It's kind of fun.
>> I don't think he has ever done it, but >> I'm not sure I've ever seen you do it.